Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

In order to provide a comprehensive view of the issues relating to the application of occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine Conventions Nos 115 (radiation protection), 161 (occupational health services), 162 (asbestos), 167 (OSH in construction), 170 (chemicals), 176 (safety and health in mines) and 187 (promotional framework for OSH) together.

General provisions

Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)

Article 2(3) of the Convention. Measures that could be taken, in consultation with social partners, to ratify relevant OSH Conventions of the ILO. The Committee notes the Government’s indication in its report that it regularly assesses, with the involvement of the social partners, whether additional ILO conventions can be ratified. The Government indicates that the pre-ratification assessment process for the Safety and Health in Agriculture Convention, 2001 (No. 184) was concluded with a positive result, and the Convention was ratified in June 2024. The Government further indicates that the assessment process for the Occupational Safety and Health Convention, 1981 (No. 155) has not yet been concluded. The Committee requests the Government to continue to provide information on the periodic consideration of the measures that could be taken to ratify OSH Conventions, in consultation with the social partners.

Article 4(2)(d). Arrangements to promote, at the level of the undertaking, cooperation between management, workers and their representatives. In its previous comments, the Committee requested the Government to provide information on measures taken in practice in enterprises employing less than 20 workers to promote cooperation on OSH matters. In this respect, the Government indicates that the New Quality of Work Initiative assists micro and small enterprises in establishing a sustainable, human-focused corporate culture through offering practical knowledge, advice, self-assessments, networking opportunities and project support. The Committee requests the Government to indicate in particular the measures taken to promote cooperation between employers and workers on OSH matters in such enterprises, including in the context of the New Quality of Work Initiative.

Article 4(3)(h). Support mechanisms for progressive improvement of OSH conditions in micro-enterprises, small and medium-sized enterprises and the informal economy. In reply to Committee’s previous comments, the Government indicates that in order to enhance OSH support for micro and small enterprises, the Federal Ministry for Labour and Social Affairs launched an expert dialogue with accident insurance institutions, and, in this context, four collaborative events were held since 2022, that produced proposals for improved OSH support for micro and small enterprises. In this respect, the Government refers to an approach called “alternative support”, which will be implemented from autumn 2024, and which includes training business owners on their OSH responsibilities, enabling them to manage these independently or with professional advice. Furthermore, the Committee notes that the German Social Accident Insurance (DGUV) is working with various stakeholders to update the accident prevention regulations entitled “Occupational Physicians and OSH Professionals” (DGUV Regulation 2) to enhance OSH for both small and large businesses, with the new regulation expected to be in force by spring 2025. The Committee requests the Government to provide information on the progress made in the revision of the DGUV Regulation 2 and to provide a copy once it has been adopted. The Committee once again requests the Government to provide information on support mechanisms for the progressive improvement of OSH conditions in the informal economy, if any.

Article 5(1) and (2)(c) of the Convention. Continuous improvement of OSH. Formulation, implementation, monitoring, evaluation and periodical review of the national programme on OSH. Consultation with the most representative organizations of employers and workers. The Committee notes the information provided by the Government concerning the positive outcomes of the evaluation of the Joint German Occupational Safety and Health Strategy (GDA) for the period 2013–18, which demonstrated strengthened OSH compliance, particularly within small and medium-sized enterprises. The Government indicates that companies familiar with GDA guidelines were 11 per cent more likely to conduct risk assessments compared to those that were not, and further reports notable successes in specific GDA work programmes. In this respect, the Committee takes note of the new Joint German Occupational Safety and Health Strategy for the period 2021–25, that emphasises the strategic goal of making work safe and healthy through prevention with the help of risk assessment. It focuses on three core topics: musculoskeletal disorders, mental stress, and exposure to carcinogenic substances. The Government indicates that there are also work programmes that correspond to the three core topics, targeting a broad range of stakeholders, including employers, managers, workplace safety professionals, physicians, and workers’ representatives. In this respect, the Committee notes the Government’s indication that it aims to increase the number of workplaces implementing effective risk assessments and OSH structures through coordinated regulatory practices, focusing on supporting small and medium-sized enterprises, with plans for approximately 200,000 workplace inspections and system audits. The Committee requests the Government to provide information on the evaluation of the GDA for the period 2021–25, including the progress achieved as regards the three abovementioned core topics and the application of the related work programmes.

Occupational Health Services Convention, 1985 (No. 161)

Article 5 of the Convention. The functions of occupational health services. The Committee notes that the DGUV Regulation 2, which includes detailed provisions on the scope of the supervision by Occupational Physicians and OSH Professionals, is currently being revised, with the aim to create a future-orientated occupational medicine and safety technology structure, for both larger and smaller firms. The Committee requests the Government to continue to provide information regarding relevant developments.

Application in practice. With reference to its previous comments regarding the shortfall in occupational health physicians, the Government indicates that, the Committee on Occupational Medicine at the Federal Ministry of Labour and Social Affairs determined in 2022 that, contrary to the pessimistic predictions based on data prior to 2011, the situation regarding young professionals in occupational medicine has improved steadily over the past few years. The Government also indicates that, in 2021, a working group set up by the German Medical Association concluded that, at the end of 2019, approximately 9,100 doctors were available. Nevertheless, the Committee notes that the Government indicates that the lack of qualified personnel in the field of occupational medicine remains an issue, and, in this context, the Federal Ministry of Labour and Social Affairs supports the Occupational Medicine Action Alliance which aims to encourage young occupational physicians and to attract more medical practitioners to occupational medicine. The Committee requests the Government to continue to provide information on the measures taken or envisaged to strengthen the application in practice of the Convention, including through addressing the shortage in occupational health physicians. It requests the Government to continue to provide information on evaluations regarding the availability of occupational health services.

Protection against specific risks

Radiation Protection Convention, 1960 (No. 115)

Articles 1 and 3(1) of the Convention. Legislation giving effect to the Convention. All appropriate steps to ensure the effective protection of workers, in the light of available knowledge. The Government indicates that a comprehensive revision of the radiation protection legislation was carried out which aimed of transposing the European Council Directive 2013/59/EURATOM into national legislation. In this respect, the Committee notes the adoption of the new Radiation Protection Act and the new Radiation Protection Ordinance in 2017, which give effect to most of the provisions of the Convention. The Government indicates that the Act advanced the radiation protection requirements in accordance with European law and aligned them with current scientific and technological advances. In this respect, the Committee notes with interest that section 78(2) of the Act provides for dose limits for occupationally exposed persons per calendar year, which are consistent with the dose limits set out in the 2015 General Observation. The Committee takes note of this information which addresses its previous request.

Article 14. Discontinuation of assignment to work involving exposure to ionizing radiation pursuant to medical advice and alternative employment. The Committee previously noted the Government’s indication that section 241(2) of the German Civil Code (a general provision referring to duties arising out of an obligation, including respect for rights and legal interests) may oblige an employer to propose alternative employment in the enterprise to an employee who, because of exposure to radiation, can no longer perform a particular type of duty. It also noted the Government’s indication that if a worker discontinues work because there is a risk due to radiation exposure, that by continuing their work they would suffer a radiation-induced disease, the worker may be entitled to transitional financial benefits from the statutory accident insurance fund. In this respect the Government indicates that, under certain conditions, according to section 3 of the Occupational Diseases Ordinance, insured persons who refrain from performing hazardous activities because the hazard persists can claim transitional benefits from the accident insurance institutions to compensate for any reduction in earnings or other economic disadvantages incurred as a result. The Committee further notes that neither the Radiation Protection Act nor the Radiation Protection Ordinance include specific provisions that require employers to offer alternative roles or maintain income levels in the event that a worker must cease radiation-related duties due to health concerns after medical advice. Recalling that the Committee indicated in paragraph 40 of its general observation of 2015 on the Convention that employers should make all reasonable efforts to provide workers with suitable alternative employment in circumstances for which it has been determined that the workers, for health reasons, may no longer continue in employment in which they are, or could be, subject to occupational exposure, it requests the Government to provide information on any measures taken or envisaged in this regard. The Committee requests the Government to provide information on the application in practice of section 241(2) of the Civil Code and section 3 of the Occupational Diseases Ordinance to workers for whom it is medically inadvisable to continue work involving occupational exposure to ionizing radiations, including the circumstances under which these provisions apply and the conditions that must be met for such workers to receive compensation.

Asbestos Convention, 1986 (No. 162)

Application of the Convention in practice. The Committee takes note of the detailed statistics provided by the Government on the number and type of occupational diseases registered as being caused by asbestos and the number of workers in Germany exposed to asbestos in 2022, as well as the measures taken to reduce these numbers. In this respect, it notes that as of 31 December 2022, a total of 710,924 persons were registered as being currently or previously exposed to asbestos, 679,594 had job-related exposure to dust containing asbestos and 333 persons were registered for post-exposure examinations and 225,232 persons for further preventive health screenings. The Committee notes that, in 2022, from the 2,164 deaths of insured persons as a result of an occupational disease, 1,350 (62.4 per cent) were due to exposure to dust containing asbestos. The Government indicates that it is continuing the consistent implementation of the European Directive 2009/148/EC on the protection of workers from the risks related to exposure to asbestos at work and is currently in the process of amending the Hazardous Substances Ordinance. Noting that asbestos remains a leading cause of occupational disease-related deaths in Germany, the Committee requests the Government to continue to provide information on the application of the Convention in practice including on the number and nature of occupational diseases reported as being caused by asbestos and the number of workers being exposed to asbestos. The Committee requests the Government to provide information on the progress made in the revision of the Ordinance on Hazardous Substances and to provide a copy once it has been adopted.

Chemicals Convention, 1990 (No. 170)

Article 12(d) of the Convention. Keeping of records of monitoring of the working environment and of exposure. With reference to its previous request concerning the time period for which records of the exposure of workers must be kept, the Committee notes that according to section 14(3) points 3, 4, 6 and 7 of the Hazardous Substances Ordinance, employers are required to ensure that the records of the monitoring of the working environment and of the exposure of workers who carry out activities that involve hazardous substances are kept for a period of 40 years and are accessible to the workers and their representatives. The Committee takes note of this information which addresses its previous request.

Protection in specific branches of activity

Safety and Health in Construction Convention, 1988 (No. 167)

Articles 3, 4 and 13 of the Convention. Consultation of the most representative organizations of employers and workers. Adoption of laws or regulations on the basis of a risk assessment. Measures to ensure that all workplaces are safe and without risk of injury to safety and health. The Committee notes the Government’s indication that seven national OSH committees, established under the OSH Act and its Ordinances, advise the Federal Ministry of Labour and Social Affairs on issues related to OSH and contribute to the development of regulations that help implement national OSH laws. The Committee notes that these committees include representatives from national authorities, statutory health insurance institutions, the scientific community, trade unions, and employers’ associations. Taking due note of the information provided by the Government, the Committee requests the Government to provide further information on the consultations held regarding occupational safety and health in the construction sector, including within the national OSH Committees.

Article 35(b). Provision of appropriate labour inspection services. The Committee notes the Government’s indication that section 21 of the OSH Act was amended in 2021 to ensure that, in selecting companies to be inspected, the inspecting authorities must take into account the nature and extent of the potential occupational hazards. According to the Government, workplaces in the construction sector are to be monitored accordingly. The Committee requests the Government to provide information on how section 21(1) of the OSH Act is applied in practice, in order to ensure the appropriate inspection of workplaces in the construction industry, and particularly small enterprises. It requests the Government to provide information on the number of labour inspections conducted in the construction sector.

Safety and Health in Mines Convention, 1995 (No. 176)

Articles 5 and 16 of the Convention. Statistics on occupational accidents and diseases and compliance with OSH legislation in mining. The Committee takes notes of the statistical information provided in the labour inspection reports for 2020, 2021 and 2022 regarding the number of occupational accidents and diseases in the mining sector, disaggregated by sex. Regarding the accidents, the Committee notes that although the fatality rate remains low (3 fatalities occurred in 2022), the number of accidents increased from 1,438 in 2020 to 1,507 in 2022. The Committee requests the Government to continue to provide information on the application of the Convention in practice, including the number and nature of occupational accidents and diseases recorded in the mining sector and to indicate the reasons for the increase in occupational accidents from 2020 to 2022.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

In order to provide a comprehensive view of the issues relating to the application of occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine Conventions Nos 148 (working environment (air pollution, noise and vibration), 170 (chemicals), 176 (safety and health in mines) and 187 (promotional framework for OSH) together.

A. General provisions

Convention No. 187

The Committee notes the observations of the German Confederation of Trade Unions (DGB), received in 2012 and 2015, as well as the Government’s reply to the 2012 observations.

Articles 2(1), 5(1) and 5(2)(c) of the Convention. Continuous improvement of occupational safety and health (OSH). Formulation, implementation, monitoring, evaluation and periodical review of a national programme on OSH. Consultation with the most representative organizations of employers and workers. The Committee notes the observations of the DGB indicating that the evaluation of the Joint German Occupational Safety and Health Strategy (GDA) for 2008–12 pointed to shortfall and deficiencies in the application of the legal provisions in enterprises. The DGB indicates that, for example, in 75 per cent of enterprises, there was insufficient risk assessment or none at all, and, in particular, there was inadequate consideration of psychological stressors.

The Committee also notes the information provided by the Government in its report, in response to its previous comment that the evaluation of the GDA for the period 2008–12 showed positive developments and significant progress in the implementation of OSH measures. The Government indicates that the establishments that were involved in the implementation of the 11 work programmes of the GDA performed significantly better in the core elements of OSH (risk assessment, training, occupational safety and health services) than those that were not, regardless of factors such as the size of the company, the sector and the region. The Government adds that the evaluation of the GDA also showed that it was necessary to improve the organization of occupational safety and health, particularly in small and medium-sized enterprises (SMEs) and the inclusion of aspects relating to work organization in risk assessments, working arrangements and psychological stress. Against this background, the responsible institutions for the GDA had agreed, together with the social partners, on three concrete OSH goals for the period 2013–18: improvement of OSH organization; reduction of work related health hazards and musculoskeletal disorders; and protection and strengthening of health in cases of work-related psychological stress, for which three corresponding work programmes were launched. In the context of these programmes, the responsible institutions for the GDA work closely with the social partners and other stakeholders, such as health insurance funds, professional associations and networks. The Committee requests the Government to provide information on the evaluation of the GDA for the period 2013–18, when it is available, including the progress achieved as regards the three abovementioned goals and the related work programmes.

Article 2(2). Account taken of the principles set out in instruments of the ILO relevant to the promotional framework for OSH. With reference to its previous comment concerning account taken of the principles set out in the ILO instruments relevant to the promotional framework for OSH, the Committee notes the Government’s indication that not only the Conventions but also the Recommendations of the ILO are taken into account in discussions on possible legislative initiatives.

Article 2(3). Measures that could be taken, in consultation with the social partners, to ratify relevant occupational safety and health Conventions. The Committee notes that, in reply to its previous comment regarding periodic consideration given with regard to possible ratification of relevant OSH Conventions, the Government indicates that it undertakes periodic reviews, in consultation with the social partners, of possibilities of ratification of further ILO Conventions, including the Occupational Safety and Health Convention, 1981 (No. 155), the Prevention of Major Industrial Accidents Convention, 1993 (No. 174) and the Safety and Health in Agriculture Convention, 2001 (No. 184). The Committee takes note of this information.

Article 4(1). Obligation to establish, maintain, progressively develop and periodically review a national OSH system in consultation with the social partners. With reference to its previous comment, the Committee notes the information provided by the Government about the national OSH system, and notes the Government’s indication that six OSH advisory committees were established for the purpose of drawing up national labour protection rules. The OSH advisory committees have representatives of employers, trade unions and authorities at the Länder level and from the statutory health insurance funds as well as scientific experts.

Article 4(2)(d). Arrangements to promote, at the level of the undertaking, cooperation between management, workers and their representatives. In its previous comment, the Committee requested the Government to provide information on arrangements to promote cooperation in enterprises employing less than 20 workers. The Committee notes that, in reply, the Government refers to the provisions of the Safety and Health at Work Act and the Occupational Safety Act concerning cooperation and relationships between occupational physicians and OSH specialists, on one side, and works council, on the other side, in the context of workplace-related prevention measures. Taking into account the Government’s indication that the evaluation of the GDA indicated that the organization of OSH, in small and medium-sized enterprises (SMEs) could be improved, the Committee requests the Government to provide information on measures taken in practice in such enterprises to promote cooperation on OSH matters.

Article 4(3)(a). National tripartite advisory body addressing OSH issues. The Committee notes that the DGB states that the social partners do not have full voting rights at the National OSH Conference (NAK) – which is tripartite, and are instead only advisory members. It also notes the Government’s reply that with regard to the national OSH system, the Convention only assigns an advisory role to the social partners and that despite not having a direct voting right in the NAK, the social partners exercise tangible and direct influence on the voting procedure in the NAK due to their presence in the self-management bodies of accident insurance institutions (UVTs), which constitute one of the three GDA parties entitled to vote in the NAK. The Committee takes note of this information.

Article 4(3)(f). Mechanisms for the collection and analysis of data on occupational injuries and diseases, taking into account relevant ILO instruments. The Committee notes the information provided by the Government, in response to its previous comment, regarding the ILO instruments that are taken into account in the national mechanisms for the collection and analysis of data on occupational injuries and diseases, including the Labour Inspection Convention, 1947 (No. 81), the Labour Inspection Recommendation, 1947 (No. 81), the Labour Statistics Convention, 1985 (No. 160) and the Labour Statistics Recommendation, 1985 (No. 170). The Committee takes note of this information and also draws the attention of the Government to the detailed and useful prescriptions contained in the Protocol of 2002 to the Occupational Safety and Health Convention, 1981 (No. 155), in this respect.

Article 4(3)(h). Support mechanisms for progressive improvement of OSH conditions in micro-enterprises, small and medium-sized enterprises and the informal economy. The Committee notes the information provided by the Government, in response to its previous comment, regarding support mechanisms for SMEs. The Committee requests the Government to provide information on support mechanisms for the progressive improvement of OSH conditions in micro-enterprises and the informal economy, if any.

Article 5(2)(d). Objectives, targets and indicators of progress. The Committee takes note of the information provided by the Government, in response to its previous request, concerning the key indicators of progress used to evaluate the OSH goals and work programmes of the 2013–18 period of the GDA.

Article 5(2)(e). Complementary national programmes. The Committee notes that the Government, in response to its previous request concerning complementary programmes and plans, refers to the “Every Age Counts” demographic strategy, implemented since 2012, whose goals include maintaining and encouraging good health at work and avoiding or minimizing risks. It also mentions that the Prevention Act, adopted on 18 July 2015, improves the basis for prevention and promotion of health at all ages and in all areas of life as a shared responsibility of social insurance providers and the actors in the Länder and local authorities. The Committee takes note of this information.

B. Protection against specific risks

Convention No. 170

Article 1(2) of the Convention. Scope of application. Legislation. Exemption. The Committee previously noted that the national legislation, namely the Ordinance on Hazardous Substances (the Ordinance), gives effect to most of the provisions of the Convention. It also noted that the competent authority may permit exemptions from the application of most provisions of the Ordinance (such as in relation to the duties of employers including risk assessments, protective measures and training of workers, etc.). It further noted that these exemptions are rarely used and only granted if the application of its provisions would represent a disproportionate hardship and the protection of workers is afforded in another way.

The Committee notes the Government’s indication in its report, in reply to its request, that the granting of exemptions is subject to the strict obligation on the employer to provide the information, as set out in section 19(1), points 1 to 6, of the Ordinance to enable the competent authority to assess whether the request meets the requirements of disproportionate hardship and whether the deviation is compatible with the protection of the workers concerned. The Committee takes note of this information.

Article 12(d). Keeping of records of exposure. With reference to its previous request concerning the time period for which records of the exposure of workers must be kept, the Committee notes the Government’s indication that pursuant to section 14(3)(4) of the Ordinance, employers must keep record of workers who carry out activities involving the hazardous substances listed in the Ordinance for a period of 40 years. The Committee also notes that according to the Government, a revised version of the Ordinance is expected to include a minimum retention period of ten years for risk assessments. The Committee requests the Government to provide information on any developments regarding the revision of the Ordinance on Hazardous Substances in this respect, and to communicate a copy of the revised Ordinance once adopted.

C. Protection in specific branches of activity

Convention No. 176

Articles 5 and 16 of the Convention. Statistics on occupational accidents and diseases and compliance with OSH legislation in mining. The Committee notes the indication of the Government in its report according to which the number of occupational accidents in the mining sector is declining and that the consistent application of strict provisions has, among other factors, led to greater awareness of occupational safety and health (OSH) issues. In this regard, the Committee notes the statistical data provided on the number of accidents in 2013 in the mining industry, disaggregated by severity and cause, and in particular that 22 fatalities occurred in 2013. Furthermore, the Committee notes the Government’s indication that no statistics are available on the number and nature of infringements of OSH legislation in mines. The Committee requests the Government to continue to provide information on the application of the Convention in practice, including the number and nature of occupational accidents and diseases recorded. It also requests the Government to provide information on the number and nature of the infringements detected related to OSH legislation in mines.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the information provided by the Government in its report in reply to its previous request concerning the application of Article 21(4) of the Convention on the provision of other means of maintaining income to all workers, irrespective of their nationality, work permit or residence status.

Application of the Convention in practice. The Committee notes the Government’s indication that by 31 December 2013, a total of 564,927 workers in 17,337 enterprises had been exposed to asbestos in their current or previous activities and that 88,979 workers were currently exposed to asbestos, particularly in demolition, renovation and repair work. The Committee also notes that, according to the Government, new cases of occupational cancer were attributable to earlier exposure to asbestos and that in 2013 there were 3,636 suspected cases of asbestosis, 1,926 confirmed cases and 159 fatalities; 4,079 suspected cases of lung cancer, 794 recognized cases and 559 fatalities; and 1,425 suspected cases of mesothelioma, 978 recognized cases and 734 fatalities. The Committee requests the Government to continue providing information on the number and nature of occupational diseases reported as being caused by asbestos, and the measures taken to reduce this number.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the joint observations made by the International Organisation of Employers (IOE) and the Confederation of German Employers’ Associations (BDA), received on 30 August 2013; the joint observations of the IOE and the BDA, supporting the joint observations of the German Construction Federation (ZDB) and the Federation of the German Construction Industry (HDB), received on 31 August 2015; and the joint observations made by the German Confederation of Trade Unions (DGB) and the Union of Construction, Agriculture and Environment Works (IG BAU), received on 4 September 2015. It also notes the Government’s reply to the joint observations made in 2012 by the DGB and the IG BAU.

Article 3 of the Convention. Consultation of the most representative organizations of employers and workers. Article 4. Adoption of laws or regulations on the basis of a risk assessment. Article 13. Measures to ensure that all workplaces are safe and without risk of injury to safety and health. The Committee notes that in their joint observations, the DGB and the IG BAU reiterate their concerns raised previously, namely that construction workers tend to take early retirement, that the proportion of older workers to the total workforce in many building trades is still significantly lower than the average for all occupations, and that many workers claim limited incapacity benefits because their health no longer enables them to meet the requirements of their job. The DGB and the IG BAU also reiterate that there is substantial room for improvement in the regulatory sphere, including limiting the maximum permissible weight for all construction materials supplied in sacks to 25 kilograms, imposing stricter limits on the emission of soot and particles from construction machines, and imposing more significant consequences upon enterprises for breaches of occupational safety and health (OSH) requirements. For their part, the IOE and the BDA maintain that the average age of retirement has continuously increased since 2008. The IOE, the BDA, the ZDB and the HDB indicate that the existing legal framework provides a comprehensive set of rules and that further laws and regulations are not necessary. They consider that the joint efforts of the IG BAU and the Occupational Insurance Association of the Building Sector (BG BAU) have led to a considerable reduction of workers’ exposure to soot and particle emissions and that the replacement of machinery, in accordance with European emission standards, will lead to further reductions in such emissions. The Committee notes the Government’s indication that claims for invalidity pensions prior to the statutory age of retirement are primarily the result of the effects of work on health, but can also be attributed to the lack of available jobs, and that it is supporting pilot projects and sectoral activities to increase the number of workers who reach the statutory retirement age. The Government adds that regulations are closely linked to European Union law and are constantly developed. In this regard, it states that the Ordinance on Health and Safety Requirements for the Manual Handling of Loads at Work does not specify a maximum permissible weight for loads, as various parameters have to be taken into account, while European Union directives and current research make it difficult for countries to establish their own national values for limits on soot and particle emissions. The Committee encourages the Government to pursue consultations with the social partners on measures to give effect to the Convention, in accordance with Article 3.

Article 30(1). Provision of personal protective equipment. With reference to its previous comments, the Committee notes the Government’s indication that personal protective equipment (PPE) is inferior to technical and organizational measures as a means of prevention. It indicates that in Europe, PPE is governed by Directives 89/686/EEC and 89/656/EEC. The restricted scope for additional PPE requirements at the national level has prompted those involved in prevention to provide a range of advisory services concerning PPE in enterprises and as part of construction site inspections. A large number of information and training sessions have been held in recent years and information materials, examinations and certifications have been developed. The Committee takes note of this information.

Article 35(b). Provision of appropriate labour inspection services. The Committee previously noted the indication of the DGB and the IG BAU that the number of labour inspectors was insufficient and that there was a widespread failure in the enforcement of OSH standards. They emphasized that an important feature of the construction industry is the large number of small enterprises which are rarely inspected. The Committee notes that in their latest observations, they reiterate their concerns. In this respect, the Government indicates that the implementation of OSH measures is complex and is not related only to the number of labour inspectors. Significant factors include the level of education and training of workers, union density in enterprises and construction sites and the use of the available remedies. The number of OSH inspectors is higher than one inspector per 10,000 workers. In addition to the number of inspectors in the labour inspectorate, the number of inspectors working for statutory accident insurance providers has to be taken into account The Committee requests the Government to provide further information on the measures taken or envisaged to ensure the appropriate inspection of workplaces in the construction industry, and particularly small enterprises.

Application in practice. The Committee notes that, according to the DGB and the IG BAU, accident rates in the construction sector remain higher than average. It also notes that the IOE and the BDA state that employers have made considerable efforts to train and qualify their workers with regard to safety at work and that these efforts have been reflected in the continuous decrease in the number of occupational accidents. The Government indicates that the number of fatal accidents in the construction industry in the country is below the European average and that the accident rate in general has been declining since 2005. In this regard, the Committee notes the detailed statistical information provided by the Government according to which the number of occupational accidents subject to mandatory reporting decreased from 116,689 in 2011 to 105,248 in 2013. It also notes the Government’s indication that numerous activities exist to further improve OSH, including a joint OSH programme for construction and assembly, and that workers’ and employers’ organizations are consulted on the various measures implemented. With reference to its previous request concerning OSH in work involving the demolition of buildings containing asbestos, the Committee notes the Government’s indication that statutory accident insurance providers conducted a campaign dedicated to demolition work and working with hazardous substances, such as asbestos, and that activities are ongoing within the working group on hazardous substances of the Committee of the Länder for Occupational Health to further develop the regulations on activities involving asbestos. The Committee takes note of this information.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the observations of the German Confederation of Trade Unions (DGB), received on 4 September 2015.

Article 2 of the Convention. National policy. With reference to its previous comment concerning the reform of the provisions on standard occupational health services (OHS) provisions for larger enterprises, the Committee notes that new accident prevention regulations entitled “Occupational Physicians and OSH Professionals” (DGUV Regulation 2) entered into force on 1 January 2011. The Government reports that one of the main objectives of DGUV Regulation 2 is to optimize the standard supervision provided by occupational physicians and occupational safety and health (OSH) professionals for larger enterprises employing more than ten workers. Moreover, the reformed regulation constitutes a joint accident prevention regulation for both industry and public sector occupational accident insurance schemes in Germany. The Government adds that the supervisory bodies of the occupational accident insurance institutions provide support for enterprises and public administrations in the practical implementation of DGUV Regulation 2. The Committee notes this information.

Article 5. The functions of occupational health services. The Committee notes the information provided by the Government in response to its previous comment regarding the functions of OHS required by the national legal framework. The Committee notes that, in addition to a non-exhaustive list of OHS functions prescribed in section 3 of the OSH Act (ASiG), DGUV Regulation 2 contains detailed provisions on the scope of the supervision to be provided, composed of basic and company-specific supervision, which includes the provision of support for risk assessments, the investigation of accidents, fundamental work-design activities and the action taken to address company-specific accident and health hazards. The Committee requests the Government to provide further information on the practical application of the OHS functions set out under section 3 of the ASiG and DGUV Regulation 2.

Application in practice. The Committee notes the indication by the DGB that there is an estimated shortfall of 4.7 million hours per annum of health-care provision, according to a 2014 study by the Federal Institute for Occupational Safety and Health, and that it is likely to increase to 6.8 million hours per annum over the next ten years due to the shortfall in occupational health physicians. The Committee requests the Government to provide its comments on this subject.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

General observation of 2015. The Committee would like to draw the Government’s attention to its general observation of 2015 under this Convention, and in particular to the request for information contained in paragraph 30 thereof.

Article 3(1) of the Convention. All appropriate steps to ensure the effective protection of workers, in the light of available knowledge. The Committee notes the Government’s statement in its report that, to implement the new Council Directive 2013/59/EURATOM, it is developing a new Radiation Protection Act that will fundamentally restructure regulation of this field. The Committee encourages the Government, in the process of developing a new Radiation Protection Act, to take into consideration the indications contained in the general observation of 2015. It requests the Government to provide a copy of the new Act, once adopted.

Article 14. Discontinuation of assignment to work involving exposure to ionizing radiation pursuant to medical advice and alternative employment. The Committee previously noted the Government’s indication that section 241(2) of the German Civil Code (a general provision referring to duties arising out of an obligation, including respect for rights and legal interests) may oblige an employer to propose alternative employment in the enterprise to an employee who, because of exposure to radiation, can no longer perform a particular type of duty. In this regard, the Committee notes the Government’s statement that section 241(2) covers situations before an illness has been declared, but after it has been determined that it is medically inadvisable for workers to remain in the workplace. The Government indicates that if a worker discontinues work because there is a risk, due to radiation exposure, that by continuing their work they would suffer a radiation-induced disease, the worker may be entitled to transitional financial benefits from the statutory accident insurance fund. The Committee requests the Government to provide information on the application in practice of section 241(2) of the Civil Code to workers for whom it is medically inadvisable to continue work involving occupational exposure to ionizing radiations.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee takes note of the first report submitted by the Government on the Convention, and of the communication by the German Confederation of Trade Unions (DGB), received by the Office on 26 October 2012 and transmitted to the Government on 5 November 2012. The Committee will examine the communication by the DGB, and any reply the Government wishes to make in this regard, at its next session.

Article 2(1) of the Convention. Continuous improvement of occupational safety and health in consultation with the most representative organizations of employers and workers. The Committee notes with interest that the Government indicates that a national occupational safety and health (OSH) policy, a national OSH system and a national OSH programme are implemented through the Joint German Occupational Safety and Health Strategy (GDA), enshrined in the fifth section of the Occupational Safety and Health Act (OSH Act). The development, management and updating of the GDA are under the responsibility of the National Occupational Safety and Health Conference (NAK) which consists of representatives of the Federal Government, the states, and of the statutory accident insurance bodies. The social partners participate in the NAK in an advisory capacity with respect to the development and definition of OSH objectives and their evaluation, areas of action and benchmarks. The bodies responsible for the GDA, in consultation with the social partners, have agreed upon the following specific safety and health objectives for the period 2008–12: reduction of occupational accidents; reduction of musculoskeletal strains and disorders; and reduction in skin diseases. The Committee asks the Government to continue to provide any relevant information in relation to the GDA, including on the evaluation of the progress made in the attainment of the abovementioned objectives.

Article 2(2). Account taken of the principles set out in instruments of the ILO relevant to the promotional framework for occupational safety and health. The Committee notes the Government’s indication that OSH Conventions serve as an important benchmark for the development of a national OSH policy and that the Government has ratified various OSH Conventions. The Committee asks the Government to provide information on the manner in which it takes into account the principles set out in the instruments of the ILO relevant to the promotional framework for occupational safety and health (listed in the Annex of Recommendation No. 197 concerning the promotional framework for occupational safety and health), in addition to the ratified Conventions.

Article 2(3). Measures that could be taken, in consultation with the social partners, to ratify relevant occupational safety and health Conventions. The Committee notes that no information has been provided in relation to paragraph 3 of this Article of the Convention. The Committee asks the Government to indicate whether periodic consideration has been given to measures that could be taken to ratify relevant occupational safety and health Conventions of the ILO and the outcome of the consultations held in this respect.

Article 4(1). Obligation to establish, maintain, progressively develop and periodically review a national OSH system in consultation with the social partners. The Committee asks the Government to provide information on the results of the review.

Article 4(2)(d). Arrangements to promote, at the level of the undertaking, cooperation between management, workers and their representatives. The Committee notes that the Government indicates that works councils must monitor compliance with OSH requirements and have broad competencies and that in an enterprise employing more than 20 workers the employer has the obligation to set up an OSH committee. Workers have the right to be heard and receive explanations on operational matters that concern them. The Committee asks the Government to provide further information on the arrangements to promote cooperation between management, workers and their representatives in enterprises of less than 20 employees.

Article 4(3)(f). Mechanism for the collection and analysis of data on occupational injuries and diseases, taking into account relevant ILO instruments. The Committee notes that a major publication entitled Report on the Current Level of Safety and Health at Work, which is published annually, contains relevant statistics in the field of OSH. The Committee asks the Government to indicate the manner in which account is taken of relevant ILO instruments for the collection and analysis of data.

Article 4(3)(h). Support mechanisms for progressive improvement of OSH conditions in micro-enterprises, small and medium-sized enterprises (SMEs) and the informal economy. The Committee notes the indication of the Government that approximately three million SMEs form the backbone of the country’s economy. Accordingly, their needs are addressed as part of the areas of action and work programmes of the GDA. German accident insurance institutions have tailored their prevention activities to the needs of the SMEs. The Committee asks the Government to continue providing information in relation to SMEs and to provide information on the support mechanisms referred to in this paragraph in relation to micro-enterprises and the informal economy.

Article 5(1). Formulation, implementation, monitoring, evaluation and periodical review of a national programme on OSH, in consultation with the most representative organizations of employers and workers. The Committee notes the Government’s indication that through the GDA regulations laid down in the OSH Act, Germany complies with the requirement to formulate, implement, monitor, evaluate and review a national programme. The Committee asks the Government to provide further information on the content of such programmes and of the outcome of consultations held in this regard.

Article 5(2)(c). Formulation and review of the national programme on the basis of the national situation, including analysis of the national system. The Committee notes that according to the Government, an essential element of the GDA involves the evaluation of OSH goals, action areas and work programmes on the basis of proper indicators. In this regard, Germany follows the example of other European Union Member States, which also evaluate their OSH strategies. In 2007, the three bodies responsible for the GDA agreed that the attainment of the GDA goals shall be subject to quality insurance and evaluation. In addition to the evaluation of targeted work programmes carried out across Lander and institutions, the GDA as a whole is subject to an evaluation. The Committee requests the Government to provide information on the results of its review.

Article 5(2)(d). Objectives, targets and indicators of progress. The Committee notes that the GDA encompasses the development of joint OSH goals; the definition of priority action areas; and the establishment of benchmarks for work programmes. The Committee requests the Government to provide further information on the objectives, targets and indicators of progress agreed for the national programme/programmes in force during the period covered by the next report.

Article 5(2)(e). Complementary national programmes. The Committee notes with interest that in 2007, health promotion activities at enterprise level were integrated into the catalogue of standard benefits offered by health insurance funds, and that in this connection, health insurance funds must cooperate with the statutory accident insurance institutions and support them in preventing work-related health hazards. The Committee requests the Government to provide further information on complementary national programmes and plans which assist in achieving progressively a safe and healthy working environment.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Observations by the German Confederation of Trade Unions (DGB). With reference to its previous observation the Committee notes that the Government has not commented on the observations by the DGB.

Article 3 of the Convention. Consultations with the social partners. Article 4. Risk assessment. Article 13. Measures to ensure that all workplaces are safe and without risk of injury to safety and health. The Committee notes that the DGB and its affiliate Union of Construction, Agriculture and Environment Works (IG BAU) state that work in the construction industry is marred by high accident rates. Although there was an overall increase in the total number of occupational accidents and diseases from 2009 to 2010 in both relative and absolute terms, the DGB maintains that the occupational accident risk for workers in the construction industry is far above the average for workers in Germany. Construction workers also tend to take early retirement and the proportion of older workers to the total workforce in many building trades (such as carpenters, roofers and scaffolders) is significantly lower (13.9 per cent) than the average for all occupations (26.5 per cent). In addition, the number of workers in the building trades applying for disability benefits is also higher than the average for all workers; and out of every 100 roofers and scaffolders who retire, 56 are on disability benefits, compared to 23 persons out of 100 for all occupations. The DGB considers that the cause for this is the widespread failure to enforce existing standards for occupational safety and health protection. On average, there is just one labour inspector for every 10,000 industrial workers. Furthermore, an important feature of the construction industry is the large number of small enterprises whose occupational safety and health standards are rarely inspected. Finally, the IG BAU considers there to be a great need for improvement in the regulatory sphere by, inter alia, by lowering to 25 kg the maximum permissible weight for all construction materials packed in sacks, and by introducing more stringent limits for soot and particle emission from construction machines. The Committee notes with concern that the statistical information provided by the DGB and the IG BAU appears to reflect a significant and disturbing situation regarding construction workers which calls for action on the part of the Government in the form of further analysis of the cause for the above average accident risk for construction workers and for the above average number of construction workers on disability benefits. The Committee urges the Government to take all relevant measures as soon as possible to address the issues raised by the DGB and the IG BAU, in consultation with the most representative organizations of employers and workers, and to provide detailed information on the measures taken and their impact.

The Committee also requests the Government to respond to the remaining issues in its 2011 observation which reads as follows:

Article 30(1). Provision of personal protective equipment. The Committee notes the detailed information provided by the Government regarding the implementation of the provision of the Convention based on a consistent application of a risk management approach. The Committee notes in particular that the Government underscores that the objective of the relevant legislation – including the ordinance on the use of personal protective equipment (PPE) – is to arrive at the independent management of safety and health protection by enterprises, the core elements of such management being: risk assessment; the information and training of workers; and the inclusion of workers in decision making processes of the enterprise having regard to safety and health at work. The Government further states that therefore, as a rule, the Occupational Safety Act and the ordinances based on risk management lay down only essential framework conditions so as not to prevent employers and workers from achieving the level of autonomous action that is the aim of legislation; that these general requirements are underpinned by more concrete sub-statutory sets of rules and that employers implementing these rules can assume that they comply with the legal requirements. The Government indicates however, that a deliberate choice was made not to draw up a set of rules of this kind to assist with the implementation of the ordinance on the use of PPE as, according to the general principles set out in article 4 of the Occupational Safety Act, individual protective measures such as the wearing of PPE are subordinate to technical and organizational protective measures. The Government further states that as a result, PPE may be used either only in addition to other protective measures or only if risk assessment has showed that technical or organizational measures cannot be taken at all or merely to an extent that is considered insufficient. The Government goes on to emphasize that it should further be taken into consideration that the use of PPE in itself can impair or damage health, and that it is not advisable for the legislator to prescribe the compulsory use of PPE in certain work situations on construction sites as is impossible for all possible constraints to be covered by legislation; and that therefore only the employers can take all constraints into consideration, based on individual situation-related risk assessments. The Government also refers to the fact that other legislation specifically requires the provision and use of PPE if certain limit values are exceeded (for example the noise and vibration protection ordinance, hazardous substances ordinance and technical rules accompanying the hazardous substances ordinance, notably TRGS 500). Finally the Government indicates that the statutory accident insurance companies have made available a number of practical guides to help employers select appropriate PPE in areas including for example on the use of breathing equipment and on retaining best and coupling mans for retaining belts. The Committee wishes to recall that this approach places high demands on the enforcement of the provisions on risk assessment and their effective application in practice. The Committee requests the Government to provide further detailed information on the application of this approach in practice including examples of the methods used to ensure such an effective implementation of this Article in practice.

Part VI of the report form. Application in practice. The Committee notes the information provided regarding the elaboration of the common occupational safety and health strategy between the competent inspectorates of the Länder and the statutory accident insurance institutions, in which they agreed on core activities and harmonized information, advisory and implementing measures to reduce accidents and occupational diseases in the construction sector, in particular in building and assembly scaffolding and demolition, but that no interim reports are available for the reporting period. The Committee asks the Government to provide further detailed information on the impact of this common approach on the number of occupational accidents and diseases in the referenced sectors. In that context the Committee requests the Government to also provide information on whether and to what extent particular attention is given to occupational safety and health in demolition work involving demolition of buildings containing asbestos and any information on the incidence of asbestos related diseases among construction workers.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 21(4). Provision of other means of maintaining income. The Committee notes with interest the general information provided by the Government that relevant legislation including, in particular, section 3 of the Occupational Illness Ordinance (BKV) is fundamentally preventive in its intentions, that where there is a risk for of contracting an occupational illness, or of a recurrence or deterioration of an existing illness, the accident insurer is required to try to prevent this using all appropriate means, and that, unlike general prevention, the measures implied here are intended to avert a specific risk of illness associated with a particular job. The Government further indicates that for insured persons, there must be a real risk of falling ill and that individual risk to health must be reflected in a prognosis of probable illness if the person concerned continues to work in the activity in question. The Government underscores that this entitlement does not require the occupational illness to have appeared but the aim is to take preventive action as far in advance as possible to avert the risk of future health damage. While efforts should be made to eliminate the danger at issue through technical or organizational means, or indeed through medical treatment, the Government indicates that if the threat to health cannot be eliminated through such measures, the insured persons concerned must be asked to stop the hazardous activity. In such cases and where the workers suffer a loss of income or other economic disadvantages, the workers are entitled to a transition allowance under section 3(2) of the BKV. Depending on the individual case, a lump sum payment may be made of up to a full year’s pension (two-thirds of the previous year’s gross wages), or a regular monthly sum of up to the full pension amount, for no longer than five years. The Government emphasizes that this transition benefit is not compensation for damage suffered to health, as no occupational illness has at this stage appeared, but it is intended to compensate for differentials between the original and the new activity during a transition period than can last several years. The Committee also notes the information provided that, in practice, these provisions are not longer relevant as the production and use of asbestos has been generally prohibited in Germany since 1993 and that there are thus no longer any jobs involving asbestos processing where insured persons could be exposed to asbestos and the associated health risks. Although asbestos fibres still can be released in the course of renovation work or demolition of older buildings, the Government indicates that in these cases effective application of rules regarding protection from asbestos and preventive measures can to a large extent prevent direct contact with asbestos fibres. The Government finally indicates that there is accordingly no statistic of any measures taken under section 3(2) of the BKV. The Committee notes that the referenced information in all cases refers to workers insured under the national insurance system and that the incidence of workers not fully covered national insurance schemes may be significant, particularly in the construction sector. The Committee requests the Government to provide further information on how this Article of the Convention is applied in the cases of workers not fully covered by the national health insurance schemes.

Part V of the report form. Application in practice. The Committee notes the information that inspection reports are not evaluated in relation to specific substances and that statistics on the number of workers still working with asbestos and on the number and type of contraventions of the relevant regulations are therefore not available in Germany. It also notes that the Government indicates that there are many cases of cancers appearing now as a result of earlier exposures to asbestos. In this respect is refers to statistics for the commercial sector in 2009 including reports of 3,736 suspected cases, 1,921 confirmed cases and 108 fatalities of asbestosis; 3736 reports of suspected cases, 686 confirmed cases and 498 fatalities of lung cancer; and 1,386 suspected cases, 970 confirmed cases and 722 fatalities in mesothelioma. The Committee requests the Government to continue to provide information on the manner in which the Convention is applied in the country and attach any available information from inspection reports and, where such statistics exist, information on the number of the workers covered by the legislation, the number and nature of the contraventions reported, the number of occupational diseases reported as being caused by asbestos etc.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the detailed and comprehensive response provided by the Government including references to legislation and available electronic sources of information. The Committee notes the information provided concerning effect given to the following Articles of the Convention: Articles 2(h), 14(1), 15(1)(e), 17(3) and 12(1).

The Committee notes the observations submitted by the German Confederation of Trade Unions in a communication received on 24 November 2011 and which was transmitted to the Government on 28 November 2011. The Committee will address these comments at its next session in the light of any comments the Government may wish to make in response thereto.

Article 30(1). Provision of personal protective equipment. The Committee notes with interest the detailed information provided by the Government regarding the implementation of the provision of the Convention based on a consistent application of a risk management approach. The Committee notes in particular that the Government underscores that the objective of the relevant legislation – including the ordinance on the use of personal protective equipment (PPE) – is to arrive at the independent management of safety and health protection by enterprises, the core elements of such management being: risk assessment; the information and training of workers; and the inclusion of workers in decision making processes of the enterprise having regard to safety and health at work. The Government further states that therefore, as a rule, the Occupational Safety Act and the ordinances based on risk management lay down only essential framework conditions so as not to prevent employers and workers from achieving the level of autonomous action that is the aim of legislation; that these general requirements are underpinned by more concrete sub-statutory sets of rules and that employers implementing these rules can assume that they comply with the legal requirements. The Government indicates however, that a deliberate choice was made not to draw up a set of rules of this kind to assist with the implementation of the ordinance on the use of PPE as, according to the general principles set out in Article 4 of the Occupational Safety Act, individual protective measures such as the wearing of PPE are subordinate to technical and organizational protective measures. The Government further states that as a result, PPE may be used either only in addition to other protective measures or only if risk assessment has showed that technical or organizational measures cannot be taken at all or merely to an extent that is considered insufficient. The Government goes on to emphasize that it should further be taken into consideration that the use of PPE in itself can impair or damage health, and that it is not advisable for the legislator to prescribe the compulsory use of PPE in certain work situations on construction sites as is impossible for all possible constraints to be covered by legislation; and that therefore only the employers can take all constraints into consideration, based on individual situation-related risk assessments. The Government also refers to the fact that other legislation specifically requires the provision and use of PPE if certain limit values are exceeded (for example the noise and vibration protection ordinance, hazardous substances ordinance and technical rules accompanying the hazardous substances ordinance, notably TRGS 500). Finally the Government indicates that the statutory accident insurance companies have made available a number of practical guides to help employers select appropriate PPE in areas including for example on the use of breathing equipment and on retaining best and coupling mans for retaining belts. The Committee wishes to recall that this approach places high demands on the enforcement of the provisions on risk assessment and their effective application in practice. The Committee requests the Government to provide further detailed information on the application of this approach in practice including examples of the methods used to ensure such an effective implementation of this Article in practice.

Part VI of the report form. Application in practice. The Committee notes the information provided regarding the elaboration of the common occupational safety and health strategy between the competent inspectorates of the Länder and the statutory accident insurance institutions, in which they agreed on core activities and harmonized information, advisory and implementing measures to reduce accidents and occupational diseases in the construction sector, in particular in building and assembly scaffolding and demolition, but that no interim reports are available for the reporting period. The Committee asks the Government to provide further detailed information on the impact of this common approach on the number of occupational accidents and diseases in the referenced sectors. In that context the Committee requests the Government to also provide information on whether and to what extent particular attention is given to occupational safety and health in demolition work involving demolition of buildings containing asbestos and any information on the incidence of asbestos related diseases among construction workers.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 14 of the Convention. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. The Committee notes the references made to section 241, paragraph 2, of the German Civil Code, providing that the employer has to respect the rights and legally protected interests of the employee, and may therefore be obliged to propose alternative employment in the enterprise to an employee who, because of exposure to radiation, can no longer perform a particular type of duty. The Committee also notes that a right to continued employment is not included in the Radiation Protection and X-ray Ordinance. If there is not a suitable position available to which the worker can be reassiged, the employer may dismiss a worker subjected to exposure, taking due account of the legal notice periods. Entitlements to social insurance benefits will be determined according to the social insurance scheme as set out under the Social Code Book. The Committee notes that these entitlements seem predicated, inter alia, on the determination of a reduction of the earning capacity. The Committee also notes the information that if the incapacity is due to a work-related accident or an occupational illness, statutory accident insurance benefits also apply as a matter of principle. The Committee further notes that the Maternity Protection Act imposes general employment restrictions applicable to all pregnant and breastfeeding women regardless of their personal health status or physical condition and that women who, on the basis of the Maternity Protection Act must stop working, either partially or completely, are entitled to continued payment of their usual average wages. With reference to the foregoing and its previous comments, the Committee would, however, again like to draw the Government’s attention to the fact that as noted in paragraph 32 of the 1992 general observation under the Convention also relates to situations before any occupational disease has been declared, but after a determination that continued assignment to work involving exposure to ionizing radiations has been found to be medically inadvisable. In these cases, as paragraph 32 indicates every effort must be made to provide the workers concerned with suitable alternative employment, or to maintain their income through social security measures or otherwise. The Committee requests the Government to clarify whether the referenced statutory provisions regarding alternative employment and the right to social insurance benefits also cover situations before an illness has been declared, but after it has been determined that it is medically inadvisable for workers to continue their work due to exposure to ionizing radiation.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the information provided regarding effect given to Articles 7(2), 8 and 12 of the Convention.

Article 2 of the Convention. National policy. With reference to its previous comments, the Committee notes the information provided indicating that the reform regarding standard occupational health service (OHS) provisions for larger enterprises has been delayed due to the proposed accident prevention provisions being too diverse, but that the Government expects the new rules to come into force on 1 January 2011. The Committees requests the Government to continue to provide information on legislative measures taken or envisaged to ensure the application of the Convention and to provide copies of legislative enactments.

Article 5. The functions of the occupational health services. The Committee notes the information provided indication that a non-exhaustive list of OHS functions are given under section 3 of the Safety at Work Act 2003 (ASiG). The Committee further notes that the draft proposal for the standard occupational health services provisions for larger enterprises, that is due to come into force on 1 January 2011, will describe in greater detail the basic provisions to be made in all enterprises in addition to the enterprise-specific component. The Committee requests the Government to provide information on the application of the functions of OHS under section 3 of the ASiG in practice.

Part VI of the report form. Labour inspections. The Committee notes the information that according to national statistics, some 350,000 inspections per year were carried out between 2006 and 2008, and that during this period an average of some 140,000 enterprises were inspected. It also notes that according to the 2008 federal Government report on the status of OHS, and the incidence of occupational accidents and diseases in Germany, all official insurers conducted a total of 690,658 inspections in a total of 384,914 enterprises. With reference to the information provided regarding the inspections services in the country, the Committee requests the Government to provide further information on the findings of the inspections carried out, including on contraventions relevant to the application of the present Convention.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 21(4) of the Convention. Provision of other means of maintaining income. With reference to its previous comments, the Committee notes from the Government’s response that by virtue of article 3(2) of the Ordinance on Occupational Diseases 2002, an employee who leaves an activity because an occupational disease is liable to develop, recur or get worse, that employee is entitled to further training, retraining measures and to compensation for loss of earning (for a limited period of time). The Committee would like to draw the Government’s attention that Article 21(4) also relates to situations before any occupational disease has been declared but after a determination that continued assignment to work involving exposure to asbestos has been found to be medically inadvisable. The Committee requests the Government to indicate the specific measures taken to ensure that the workers concerned are provided with other means of maintaining their income and to provide information on the practical application of this Article including information on the limited time period referred to above.

Part V of the report form. Application in practice. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in the county and attach extracts from inspection reports and, where such statistics exist, information on the number of the workers covered by the legislation, the number and nature of the contraventions reported, the number of occupational diseases reported as being caused by asbestos, etc.

[The Government is asked to reply in detail to the present comments in 2011.]

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with interest the Government’s response on the application of Article 13(1)(f) of the Convention under section 9 of the Ordinance on Hazardous Substances 2004.

Article 12(d) of the Convention. Keeping of records of exposure. The Committee notes the Government’s comments on the application of Article 12(d) of the Convention under sections 7(6), 10(2) and 19(2)(1) of the Ordinance on Hazardous Substances 2004, with regard to ensuring records for monitoring of the working environment are kept and are accessible to the workers and their representatives. However, the Ordinance does not contain provisions with regard to keeping records for the monitoring of the working environment for a prescribed period of time. The Committee also notes that the Government is in the process of reintroducing the provisions for monitoring and keeping records on the exposure of workers to hazardous chemicals for a prescribed period under section 14. The Committee requests the Government to provide further information and the corresponding legal provisions on the prescribed time period for which records on monitoring the working environment are to be kept and in what manner. The Committee would also request the Government to keep it informed on the reintroduction of the provisions concerning the monitoring and keeping of records on the exposure of workers to hazardous chemicals.

Part V of the report form. Application in practice. The Committee notes the Government’s response that the competent authorities of the individual Länder are responsible for authorizing exemptions, and that such exemptions are rarely used and only given if the circumstances involve “disproportionate severity” and the protection of the workers is still guaranteed. The Committee would appreciate if the Government can provide further information and the corresponding legal provisions that ensure the protection of workers is guaranteed under the application for an exemption by the employer.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the information provided regarding effect given to Article 5(4)(a) and (d) and Article 13(1) of the Convention.

Part V of the report form. Application in practice. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in the country and supply extracts from inspection reports including information on the number and the nature of the infringements reported.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the Government’s first report and that the national legislation gives effect to most of the provisions of the Convention. It would however like to draw the Government’s attention to the following points.

Article 12, subparagraph (d), of the Convention. Keeping of records of exposure. The Committee notes that section 7, subsection 6, of the Ordinance on hazardous substances provides for the establishment of documentation concerning the results of the risk assessment, the workers’ exposure and the protective measures taken to this effect. However, the Ordinance does not contain a provision with regard to the keeping of records of workers’ exposure to chemicals for a certain period of time. The Committee therefore requests the Government to indicate whether, and in what manner, the keeping of workers’ records on exposure to hazardous chemicals is prescribed and the time period during which these records shall be kept.

Article 13, paragraph 1(f). Provision of personal protective clothing. The Committee notes that section 11, subsection 3, of the Ordinance on hazardous substances, requires the employer to provide personal protective clothing, and protective equipment such as breathing masks, only to workers exposed to carcinogenic substances or substances which alter women’s fertility (level of protection 4). However, Article 13(1)(f) provides for protective clothing and protective equipment to be provided to all workers exposed in one way or another to chemicals, irrespective of the level of exposure. The Committee requests the Government to indicate whether protective clothing and protective equipment is supplied to all workers exposed to chemicals and, if that is the case, to indicate the corresponding legal provision. The Committee also requests the Government to provide information on the manner in which the maintenance of protective clothing is handled.

Part V of the report form. Application in practice. The Committee notes that, although the Ordinance on hazardous substances does not provide for any exclusion of specific branches of economic activities, section 20, subsection 1, stipulates that the competent authority – on the grounds of a well-founded written request by the employer – may permit exemptions from the application of certain provisions of the Ordinance. These provisions refer to general protection and supplementary protection measures (sections 7–15) and to the prohibition of manufacturing and utilization of hazardous substances (sections 17–19). Such permission may only be granted if the application of the abovementioned provisions of the Ordinance on hazardous substances would represent an “unusual hardship” and on the condition that the overall protection of the workers concerned is afforded in another way. The Committee requests the Government to provide information, for example, statistical data, as to the number of permissions granted under section 20, subsection 1, of the Ordinance on hazardous substances. The Committee would also appreciate receiving further information on how other means of workers’ protection is afforded in practice under these circumstances.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes the information provided in the Government’s report and the attached legislation.

2. Article 2. National policy. The Committee notes with interest the adoption of the Accident Prevention Regulations “Company doctors and occupational safety and health specialists” (BGV A 2) establishing the possibility for small enterprises (employing less than ten workers) to provide occupational health services under the Safety at Work Act by applying either the standard health service provision or an entrepreneur model. It further notes the Government’s statement that it is currently revising the legislation applicable to larger enterprises and that it estimates this to be terminated by the end of 2008. The Committee requests the Government to continue to provide information on legislative measures taken or envisaged to ensure the application of the Convention and to provide copies of legislative enactments.

3. Article 5. The functions of the occupational health services. With reference to its previous comments concerning the extent to which certain functions enumerated in this Article could be have been exempted by an order issued by the Federal Minister of Labour, the Committee notes with interest that section 14, subsection of the ASiG has been repealed and that section 3 of the AsiG, section 23 of the BGV A 2 provide detailed regulations on the functions of occupational health services. The Committee requests the Government to provide additional information in its next report on the practical application of the functions of the occupational health services.

4. Article 7, paragraph 2. Organization of occupational health services. With respect to its previous comments concerning the manner on how employers may organize their occupational health services under section 19 of the AsiG, the Committee notes that, under section 24 of Book VII of the Social Code (SGB VII), the accident prevention and insurance associations, Berufsgenossenschaften (BG), can establish inter-enterprise occupational health services and can issue detailed regulations. It notes that the occupational health services shall be separate from the organizational units of the accident prevention and insurance associations as regards their organization, location and staff, and that these regulations may provide that an employer failing to appoint a company doctor or a safety specialist, or fails to do so within a specific time period, may be obliged to join an inter-enterprise occupational health service. The Committee requests the Government to provide additional information in its next report on the practical application of these inter-enterprise occupational health services, for example, the number of services in existence and the number of workers covered by them.

5. Article 8. Cooperation between the employer, the workers and their representatives. The Committee notes the Government’s statement with respect to the cooperation and participation in undertakings employing less than 20 workers, that BGV A 2 provides that employers must inform the workers of the type of occupational health service provided and the name of the contact persons. It further notes that section 89 of the Works Constitution Act provides for close cooperation between the works council and the employer and authorities responsible for OSH in all matters related to OSH and accident prevention. The Committee notes that work councils are normally set up in workplaces with five or more permanent workers eligible to vote. The Committee requests the Government to provide further information on the cooperation between the employer, the workers and their representatives in enterprises with less than five permanent workers.

6. Article 11. Qualifications of the occupational health services personnel. The Committee notes with interest the information provided by the Government that the authorization of not fully qualified company doctors and occupational safety experts under section 18 of the ASiG will only be granted if the employer undertakes to have the person concerned undergo further training within a specified time limit as a mandatory prerequisite for obtaining an authorization.

7. Article 12. Surveillance of workers’ health. The Committee notes that the Government omits to provide any information with respect to its previous comments concerning that the surveillance of workers’ health should take place as far as possible during working hours. The Committee therefore reiterates its previous requests and asks the Government to provide information in its next report on measures taken or envisaged to ensure that medical surveillance of workers’ health takes place a far as possible during working hours.

8. Part VI of the report form. Labour inspections. The Committee notes the Government’s statement that the implementation of the ASiG is the responsibility of OSH offices of Länder, whereas the implementation of the accident prevention regulations is the responsibility of the technical inspection services of the BG. The Committee requests the Government to provide additional information in its next report on measures taken by the offices of Länder and the technical inspection services of the BG to ensure the application of the Convention, including the number of inspections carried out, their findings, the number of workers covered by the legislation, disaggregated by gender if available.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Further to its observation, the Committee draws the Government’s attention to the following points:

2. Article 2(h) of the Convention. Definition of lifting appliances. The Committee notes that the term “lifting appliance” provided for in Chapter 2.8 of Trade Associations Rules (BGR 500) encompasses all work equipment, devices and auxiliary means used for lifting loads. Referring to the definition of “lifting appliance” set out in the Ninth Ordinance to the Equipment and Product Safety Act (9 GPSGV) (section 1(5)(14) and BGR 500 (Chapter 2.8)), the Committee notes that 9GSGV excludes permanent lifts (elevators) and BGR excludes lifting appliances which transport persons. Furthermore, the Committee notes that BGR 159 (consolidation 2004), not cited by the Government, appears to cover lifting appliances. The Committee requests the Government to clarify whether and to what extent national legislation, including the cited texts, give effect to this provision of the Convention.

3. Article 12, paragraph 1. Right to removal. The Committee notes that section 9(3) of the Occupational Health Act (ArbSchG) provides that workers can remove themselves in the face of imminent danger. However, exceptions are allowed under the legal obligations of employees for the prevention of dangers, and sections 7 and 11 of the Military Law. The Committee would be grateful if the Government would clarify how compliance with the Convention is ensured in this respect.

4. Article 14, paragraph 1. Safe use of scaffolds. The Committee notes the Government’s reference to sections 5.1.2 and 5.2, Appendix 2, of the Industrial Safety and Health Ordinance dated 27 September 2002 (as amended until 23 December 2004), which state that in elevated working places for temporary jobs that cannot be carried out safely and in appropriate ergonomic conditions from the suitable surface, work equipment shall be selected that is suitable to ensure safe working conditions permanently during its use. In order to dispel any ambiguity, the Committee would be grateful if the Government would indicate the specific provisions which guarantee the maintenance of safe and suitable scaffolds.

5. Article 15, paragraph 1(e). The Committee notes that the employer is, in principle, responsible for the training of workers. It also notes that the said employer is supported in this regard by the professional associations in their capacity as supporters of legal accident insurance within the context of their prevention duties in accordance with section 14 of the seventh volume of the German Social Welfare Code (SGB VII). However, the Committee notes that section 14 of the SGB VII contains no reference to training. Therefore, it appears to be no legal requirement to ensure that appliance operators are properly trained. The Committee would be grateful if the Government would clarify how legal effect is given to this provision of the Convention.

6. Article 17, paragraph 3. Pressure plants and equipment. The Committee refers to its previous comments in which it asked the Government to indicate the requirements to ensure that plants are examined and tested by competent persons. It notes that pressure plants and equipment are facilities requiring particular supervision in accordance with section 3 of the Industrial Safety and Health Ordinance “Special regulations for facilities requiring supervision” which have to be examined by a competent person or licence authorities. It also notes that, exceptionally, regulations on the examination of plants for work in compressed air are included in the Compressed Air Ordinance. The Committee notices that neither text cited by the Government appears to mention the competence required of the persons carrying out the examinations. The Committee would be grateful if the Government would take measures to ensure that the persons carrying out supervisions have the competence required for that task.

7. Article 30, paragraph 1. Provision of personal protective equipment. The Committee notes the Occupational Health and Safety Act (AsiG), in particular its section 3 according to which the employer shall take appropriate measures for the protection of the workers. The Committee notes that use of protective equipment is governed by the Use of Personal Protective Equipment Ordinance (PSA-Benutzungsverordnung), but that this text does not mention in what situations such gear must be provided for workers. The Committee requests the Government to provide more specific information on existing rules concerning the provision of suitable personal protective equipment and protective clothing, having regard to the type of work and risk.

8. Part VI of the report form. Application in practice. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in the country and to attach extracts from the reports of the inspection services, information on the number of workers covered by the legislation, disaggregated by gender, if possible, the number and nature of the contraventions reported and the resulting action taken, and the number of occupational accidents and diseases reported.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes with appreciation the detailed information provided by the Government in its report, in particular, the significant changes in the Occupational Health Act (Arbeitssicherheitsgezetz) and the Occupational Safety Act (Arbeitsschutzgesetz). The Committee notes with satisfaction that in accordance with the information provided compliance is ensured with the following provisions of the Convention: Articles 2(g) (definition of scaffold); 5, paragraphs 1 and  2 (technical standards and standardized rules); 9 (taking into account safety and health concerns when designing and planning a construction project); 12, paragraph 2 (stopping operations); 13, paragraph 3 (protective measures); 16, paragraphs 1 and 2(a) (safe handling of vehicles and earth moving equipment); 18, paragraph 1 (work at heights); 20, paragraphs 1 to 3 (cofferdams and caissons); 24(a) and (b) (demolition work); 26, paragraphs 1 and 2 (handling of electricity); 27(a) and (b) (explosives); 31 (first aid) and 32, paragraph 3 (provision of sanitary facilities).

2. The Committee is raising certain other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Article 14 of the Convention. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. Further to its observation on this Convention, the Committee notes the information contained in the Government’s report regarding Article 14 of the Convention. The Committee notes that, in reply to its previous comments on the application of this Article, the Government has indicated that, following an examination of the collective agreements register, no collective agreements were found, including provisions requiring the employer to provide alternative employment for workers who cannot continue to be employed in radiation work on medical grounds, but that the right to such alternative employment may be provided for in an individual work contract. It also notes the Government’s statement that, while neither the Radiation Protection Ordinance nor the X-Ray Ordinance at present require the employer to provide alternative employment for workers who cannot continue to be employed in radiation work on medical grounds, there are no obstacles under general labour law to regulate this issue therein. The Committee further notes that the Government emphasizes that the principle of prevention is given prime importance in the Occupational Safety and Health Act of 7 August 1996 and that, based on the principle of proportionality, the employer has the duty first to take all relevant occupational safety and health measures on a technical and organizational level and that only subsidiary thereto can an individual employment ban be justified. With regard to the effect of such an employment ban, the Committee wishes to recall its general observation of 1992 under the Convention in which it was pointed out, in paragraph 32, that every effort must be made to provide the workers concerned with suitable alternative employment or maintain their income through social security measures or otherwise, where continued assignment to work involving exposure is found to be medically inadvisable. In the light of the above indications, the Committee requests the Government to provide additional information on the application of this Article in practice including on efforts made to provide workers subject to an employment ban pursuant to this Article with suitable alternative employment or to offer them other means to maintain their income as indicated in the general observation of 1992 under this Convention.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the information provided in the Government’s report in response to its previous comments. It would nevertheless appreciate additional information on the following points.

2. Article 5, paragraph 4(a), of the Convention. Requirements relating to mine rescue and first aid. The Committee notes the information that the employer is responsible for organizing mine rescue and that, given the positive nature of the experiences garnered in this field, there is no need for new legislation to be adopted at present. The Committee requests the Government to keep it informed of any new developments in this area and to provide a copy of the relevant texts as soon as they have been adopted.

3. Article 5, paragraph 4(d). Removal of waste produced at the mine. The Committee notes the information that the specific legislation relating to mines takes precedence over the legislation on hazardous substances, which is more general and is applied in principle. The Committee requests the Government to indicate the provisions of the national legislation or regulations prescribing the safe transportation and disposal of hazardous substances used in the mining process, as well as waste produced at the mine.

4. Article 13, paragraph 1. Right of workers to remove themselves from any location posing a serious danger. The Committee notes the information that the restriction set out under section 22 of the General Mining Ordinance (ABBergV) essentially refers to rescue services in mines and that no amendments are planned. It is thus possible that the safety and health interests of other employees can prevent a worker from removing himself/herself from a work situation when he/she has reasonable grounds for believing that there is an imminent and serious danger to his/her own life or health. The Committee requests the Government to take the measures needed to bring the legislation into conformity with this provision of the Convention.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the information contained in the Government’s most recent report and notes with satisfaction that, according to the information submitted in reply to its previous comments regarding Article 13, Occupational exposure during an emergency, the Government has applied effectively, in law and in practice, this Article of the Convention.

The Committee is addressing a request directly to the Government on another point.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the information provided in the Government’s report including replies to its previous comments. It also notes the information that the Hazardous Substances Ordinance (Gefarhstoffverordnung-GefStoffV) of 23 December 2004 (BGBl. I S 3758) came into force on 1 January 2005 and that an amended version of the Technical Rules for Hazardous Substances (TRGS) 519 Asbestos: Demolition, Reconstruction or Maintenance Work was issued in September 2001.

2. Article 6, paragraph 3, and Article 17, paragraph 3, of the Convention. Procedures preparing for emergency situations and consultations with workers or their representatives regarding workplans. The Committee notes with satisfaction that in reply to its previous comments regarding preparations for emergency procedures, the Government refers to Annex III, paragraph 2.4.2, of the newly adopted Hazardous Substances Ordinance requiring prior notification to the competent authority of any demolition, reconstruction or maintenance work (DRM work) involving products or materials containing asbestos and that through this procedure, the competent authority can, in each case, satisfy itself whether an emergency scenario is envisaged. The same ordinance, in section 20, subsection 4, entitles the competent authority to order any measures that would be called for in such cases. The Committee also notes with satisfaction that in reply to its comments regarding consultations with workers or their representatives, the Government refers to section 11, subsection 3, of the Hazardous Substances Ordinance which specifically provides for such consultations, specifically in relation to DMR work, on measures to limit exposure of workers as far as possible and to ensure protection of workers during such activities.

3. Article 21, paragraph 4. Provision of other means of maintaining income. The Committee notes that in reply to its previous comments on this issue, the Government indicates that section 16, subsection 5, of the Hazardous Substances Ordinance provides that additional protective measures required must be taken if the employer is aware that, owing to the conditions at the workplace, there are health reasons why an employee should not continue carrying out the activity. The Committee further notes that the Government indicates that this includes the possibility of assigning the employee to another activity that does not involve risk for further exposure. Recalling that Article 21, paragraph 4, of the Convention requires that every effort should be made, consistent with national conditions and practice, to provide the workers concerned with other means of maintaining their income, the Committee requests the Government to indicate the measures taken or envisaged, including their application in practice, to ensure a full application of this provision of the Convention.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s reports and the texts of the legislation giving effect to the provisions of the Convention. The Committee notes that there is legislative conformity with a large number of the provisions of the Convention. It would be grateful if the Government would provide a copy of the Works Constitution Act (BetrVG), as amended to date. It would also be grateful if the Government would provide further clarifications on the following points.

Article 4, paragraph 2, of the Convention. Please provide information on the accident prevention regulations issued by the Accident Insurance Funds, as well as a copy of these regulations.

Article 5, paragraph 2(a). Please provide information as to whether a mining ordinance has been adopted as provided for in section 66, first sentence, Nos. 5a and 6, section 55, paragraph 1, first sentence, No. 3, and section 68 of the Federal Mining Act (BBergG), and if so, please provide a copy of this ordinance.

Article 5, paragraph 2(b), and Article 16(b). Please provide information as to whether a mining ordinance has been adopted as provided for in section 65, first sentence, Nos. 4 and 6, section 55, paragraph 1, first sentence, No. 3, and section 65, second sentence and section 68 of the Federal Mining Act (BBergG), and if so, please provide a copy of the ordinance.

Article 5, paragraph 2(c). Please indicate whether the Federal Ministry of Labour has made use of the authorization provided for in section 24, No. 3, of the Occupational Safety Act (ArbSchG), to issue administrative regulations on the duty of the competent Länder authorities to inform it on matters that have to be included in the annual Report on Accidents Prevention (section 25, paragraph 2, of the Social Code-Book VII)

Article 5, paragraph 2(d). Please indicate the provisions of national legislation that requires annual reporting on mining operations and provide a copy of the text concerned. Please provide additional information on the methods by which the Länder comply with the reporting duties concerning the application of international legislation on safety and health at work, as provided for in section 24, paragraph 4 of the Occupational Safety Act (ArbSchG).

Article 5, paragraph 2(f). Please provide further information on how the consultations that are called for by this paragraph of Article 5 of the Convention are provided for nationally.

Article 5, paragraph 3. Please indicate the provisions of national laws or regulations that require that, not only the use but also the manufacture, storage, and transport of explosives and initiating devices at the mine, shall be carried out under the direct supervision of competent and authorized persons.

Article 5, paragraph 4(a). Please provide information on whether an ordinance provided for in section 131, paragraph 2, of the Federal Mining Act (BbergG) has been adopted, and if this is the case, please provide a copy of the text.

Article 5, paragraph 4(c). The Committee would be grateful if the Government would indicate the protective measures required to secure abandoned mines in accordance with section 55, paragraph 1, first sentence, No. 3 of the Federal Mining Act (BBergG), section 15, paragraph 3, first sentence of the General Mining Ordinance (ABBegV), and section 9 of the Occupational Safety Act (ArbSchG). Please indicate whether a more detailed mining ordinance has been adopted in accordance with section 66, first sentence, No. 6, and section 55, paragraph 1, first sentence, No. 3 of the Federal Mining Act (BbergG); if so, please provide a copy of such text.

Article 5, paragraph 4(d). Please indicate whether the handling provisions for hazardous substances of the Dangerous Substances Ordinance (sections 16 to 40, and more particularly section 24 of the GefStoffV) are applicable in accordance with section 2, paragraph 4, No. 1 of the same Ordinance, or whether their application is excluded by the Mining Ordinance on Health Protection of Workers (Gesundheitsschutz Bevergordnung). If their application is thus excluded, please provide a copy of the Mining Ordinance on Health Protection of Workers. Please indicate the provisions of national laws or regulations for prescribing the safe transportation and disposal of hazardous substances used in mining process and waste produced at the mine.

Article 5, paragraph 5. Please indicate whether there is a requirement in national laws or regulations for the plans of working to be kept available at the mine site.

Article 7(b). Please indicate the provisions of national laws or regulations requiring employers to ensure that the mine is decommissioned in such a way that workers can perform the work assigned to them without endangering their safety and health or that of other persons. Please also indicate whether the ordinances, administrative acts and operating plans referred to in section 58 of the Federal Mining Act (BBergG) regulate decommissioning of mine, and if so, please provide copies of these texts.

Article 7(e). Please provide information on the extent of practical compliance by employers with the various provisions of national legislation requiring them to ensure the monitoring, assessment and regular inspection of the working environment as required by this paragraph of Article 7.

Article 9(c). Please indicate whether the definition of personal protective equipment given in section 18, paragraph 1 of the General Mining Ordinance (ABBergV), and section 1, paragraphs 2 to 5 of the Eighth Ordinance based on the Equipment Safety Act (8.GSGV), includes clothing and other facilities, as required by the Convention.

Article 10(a). Please indicate the provisions of national laws or regulations requiring the employer to ensure that retraining programmes are provided for workers and that all training and retraining programmes and comprehensible instructions are provided at no cost to the workers.

Article 10(d). Please indicate the provisions of national laws or regulations requiring the employer to ensure that all accidents and dangerous occurrences, as defined by national laws or regulations, are investigated and appropriate remedial action taken.

Article 10(e). Please indicate whether the employers covered by the Occupational Safety Act (ArbSchG) are required to ensure that a report is made to the competent authority on accidents and dangerous occurrences.

Article 13, paragraph 1(e). Please indicate whether, under section 22 of the General Mining Ordinance (ABBergV), the safety and health interests of other employees can prevent a worker from removing himself/herself from a work situation when he/she has a reasonable justification to believe that there is an imminent and serious danger to his/her own life or health. In the event that the worker is so prevented, please indicate the measures taken or envisaged to remove such restriction and thus put national legislation in conformity with the requirements of this Article of the Convention.

Article 16(b). Please indicate how practical collaboration is effectively ensured between the Länder mining authorities and Labour Inspectorates and the Technical Inspection Services of the Competent Accident Insurance Fund.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

With reference to its previous comments, the Committee notes the information supplied by the Government in its report. Further to its observation, the Committee would draw the Government’s attention to the following points.

1. Article 13. Occupational exposure during an emergency. The Committee notes that the provisions of the Radiation Protection Ordinance 2001, as well as the X Ray Ordinance 2001, prescribe various measures to be taken and procedures to be followed in emergency situations. However, none of the Ordinances contains a provision establishing criteria for defining the circumstances in which a relaxation of the normal exposure limits established may be tolerated. The Committee therefore would request the Government to specify the circumstances in which exceptional exposure of workers may be authorized. In this regard, it would draw the Government’s attention to the matters raised in item 35(c)(iii) of the conclusions to the Committee’s 1992 general observation under the Convention according to which a strict definition of circumstances in which exceptional exposure of workers, exceeding the normally tolerated dose limit, is to be allowed for immediate and urgent remedial work; that work must be strictly limited in scope and duration to what is required to meet an acute danger to life and health; exceptional exposure of workers is neither justified for the purpose of rescuing items of high material value, nor, more generally, because alternative techniques of intervention, which do not involve such exposure of workers, would involve excessive expense.

2. Article 14. Alternative employment. The Committee notes that pursuant to section 63, subsection 3, of the Radiation Protection Ordinance, as amended on 20 July 2001, and section 40, subsection 2, of the X-Ray Ordinance, as amended on 1 August 2001, no worker may be employed or may continue to be employed in radiation work contrary to medical advice. In this case, the competent authority orders that radiation work is to be discontinued or may only be performed under certain conditions to be determined. The Committee, however, observes that none of the above Ordinances provides for alternative employment to be offered to workers which are forced to give up their established occupation on legitimate health grounds. In this regard, the Committee recalls that the Government had indicated in its previous report covering the period from 1990 to 1994 that employment contracts or collective agreements may contain provisions relating to the continuity of employment or to the training opportunities designed to enable workers to be reclassified. Moreover, the Government had indicated that the issue of alternative employment would be dealt with as a part of the review of the Framework Act on Labour Protection. The Committee accordingly requests the Government to indicate, in its next report, any collective agreements including provisions for work with ionizing radiations under which the employer is required to provide alternative employment which does not involve exposure to ionizing radiations for workers who have accumulated an effective dose beyond which detriment considered unacceptable may occur, and to transmit copies of such collective agreements. It further requests the Government to provide information on the progress made in the review of the Framework Act on Labour Protection. The Committee would finally draw the Government’s attention to paragraph 32 of its 1992 general observation under the Convention where it is indicated that every effort must be made to provide workers concerned with suitable alternative employment, or to maintain their income through social security measures or otherwise where continued assignment to work involving exposure to ionizing radiations is found to be medically inadvisable. The Committee requests the Government to provide information in this regard.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

With reference to its previous comments, the Committee notes with satisfaction the revision of the Atomic Law, the Ordinance on Radiation Protection and the X-Ray Ordinance, which incorporate into national law the dose limits recommended in 1990 by the International Commission on Radiological Protection (ICRP) and thus applying Article 3, paragraph 1, and Article 6, paragraph 1, of the Convention.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

1.  The Committee notes the information provided by the Government in its reports. It requests the Government to provide copies, with its next report, of the Accident Prevention Regulations "Industrial Medical Prevention" (VBG 100) and of some of the federal and Länder directives, mentioned with respect to the application of Article 3, paragraph 1, and Article 6 of the Convention. The Committee further requests the Government to provide additional information on the following points.

2.  Article 3, paragraph 1.  In its report, the Government indicates that the Occupational Health and Safety Act allows no exceptions as regards the obligation of the employer to provide occupational health services. Sections 2 and 5 of the Law on Accident Prevention (ASIG), however, appear to leave it to the employer’s discretion, to a certain extent, as to whether the employer will appoint occupational health and safety personnel or not. Moreover, section 17 of the ASIG allows the non-application of the Occupational Health and Safety Act in several sectors of activity. The Committee requests the Government to indicate the criteria used: (a) to determine the extent of the employer’s discretion to appoint occupational health and safety personnel, and (b) to allow the non-application of the ASIG in several sectors of activity.

3.  Article 3, paragraph 3.  The Government indicates that in some of the relevant accident prevention regulations of the accident insurance funds (Berufsgenassenschaften) the obligation to provide occupational health services is still made dependent on the size of the enterprise (number of workers). The Government further states that the relevant threshold values in the Accident Prevention Regulations "Company Doctors" (VBG 123) are of a merely transitional nature and that an increasing number of accident insurance funds have, up to now, revised VBG 123 in such a way that occupational health care is provided for all enterprises, irrespective of the number of persons employed.

The Committee notes that progress has been made in the extension of the coverage of VBG 123 to most branches of industrial activity and that, where this has so far not been done, its implementation is under further discussion. The Committee requests the Government to continue to report on any progress made in establishing occupational health services for all workers, including at small workplaces.

4.  Article 5(a)-(k).  The Committee notes that all of the obligations listed in Article 5 appear to be met by sections 3 and 6 of the ASIG in a manner related to the specific risks of the individual undertaking. With respect to the extent to which the functions in question are carried out, section 14(2), in conjunction with section 2(1), No. 2 and No. 3, and section 5(1), No. 2 and No. 3, of the ASIG, provides for the Federal Minister of Labour to determine by ordinance that in individual categories of undertakings such functions need not be carried out at all or need only be carried out partly, depending on the size and the composition of the labour force or on the number and the composition of the occupational health service personnel available. The Committee understands that this implies the possibility that, especially at small workplaces, the health care system might fulfil only the basic level of requirements. The Committee would be grateful if the Government would specify the extent to which the functions enumerated in Article 5(a)-(k) are guaranteed by occupational health services, in view of the abovementioned power of the Federal Minister of Labour to allow exceptions in accordance with section 14(2) of the ASIG.

5.  Article 7, paragraph 2(a)-(e).  The Committee notes from the Government’s report that the individual employer is given the choice of meeting his obligation of providing occupational health care by either appointing an independent occupational medical practitioner or employing a company doctor as staff or engaging an industry-wide occupational health service. The report further indicates in a general way that the occupational health services may be organized by private bodies or by public authorities, e.g. the accident insurance authorities, but it is silent with regard to the system and the methods of organizing such services, in accordance with the possibilities listed in Article 7, paragraph 2(a)-(e). The Committee requests the Government to provide more detailed information concerning the system and methods of organizing the occupational health services.

According to section 12 of the ASIG, the competent supervisory authorities may impose specific orders on an employer as to how to organize occupational health services. According to section 14(1) of the ASIG, the Federal Minister of Labour is entitled to define by ordinance the measures to be taken by the employer in order to fulfil his legal duties, especially as regards the nomination of company doctors and safety experts. The Committee requests the Government to provide more information on the extent to which the system and the methods of organizing occupational health services are regulated on the basis of sections 12 and 14(2) of the ASIG.

The Committee requests the Government to indicate the manner in which the accident insurance institutions organize occupational health services, e.g. as set forth in section 2 of VBG 123 in conjunction with the relevant implementing provisions.

Finally, the Committee requests the Government to indicate whether occupational health services are organized by a combination of the methods described under paragraphs 2(a)-(c) of this Article and if so, give examples.

6.  Article 8.  Section 11 of the ASIG provides, in enterprises with 20 employees upwards, for the establishment of an occupational safety and health committee. The Committee requests the Government to indicate the measures taken or envisaged to bring about the cooperation and participation of the parties concerned in companies with less than 20 employees.

The Committee notes the information regarding the participation and co-determination rights of workers, as well as works councils with respect to occupational health and safety matters. The Committee requests the Government to provide further information on the different modes of such participation of the parties concerned in the implementation of the organizational and other measures relating to occupational health services, especially according to sections 80-85, 87 and 89-91 of the Works Constitution Act.

7.  Article 11.  In the information provided in the report relating to Article 7, paragraph 2(a), the Government points out that whatever method of organizing the occupational health service the employer chooses the standards required would remain identical under the terms of national law. Section 18 of the ASIG, however, enables the competent authorities to allow not fully-qualified company doctors and occupational safety experts to execute their functions during a period of further training. Thus, the Committee requests the Government to indicate the measures adopted or envisaged to ensure that the personnel providing occupational health services has adequate and full qualification.

8.  Article 12.  Please indicate also the provisions that ensure that the surveillance of workers’ health takes place, as far as possible, during working time.

9.  Article 14.  The Committee requests the Government to provide information on the manner in which workers are required to inform the occupational health services about any factor or suspected factor in the working environment which may affect the workers’ health.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information provided by the Government in its reports. It requests the Government to supply additional information on the following points.

1.  Article 2(g) and (h).  The Committee requests the Government to supply copies of the relevant provisions of DIN-standards 4420 (Parts 1-4), 4421 and 4422 (Parts 1 and 2) which concern the definition of "scaffold". The Committee observes that section 1 of VBG 9a does not define the term "lifting appliance". It would be grateful if the Government would indicate how this term is defined in national law in conformity with the Convention.

2.  Article 5, paragraphs 1 and 2.  The Committee requests the Government to supply a copy of the relevant texts of DIN-standards, accident prevention regulations and other rules of accident insurance funds (for example data sheets), which have been cited in the Government’s report and which are relevant to the application of the Convention. The Committee further requests the Government to indicate the relevant standards adopted by recognized international organizations in the field of standardization it has considered in giving effect to Article 4 of the Convention.

3.  Article 9.  The Committee notes the Government’s reference to the Länder construction ordinances and the indication that in 1995 a draft ordinance to implement EC Directive 92/57/EEC on construction sites was being prepared. The Committee requests the Government to send, as examples, copies of the Länder construction ordinances, as well as the Ordinance to implement EC Directive 92/57/EEC, if it has been adopted, in order to assess whether persons concerned with the design and planning of a construction project are bound to take into account the safety and health of construction workers. The Committee also requests the Government for clarification on whether VOB Part B is relevant in this context.

4.  Article 12, paragraph 2.  The Committee requests the Government to provide more specific information on the exceptional conditions which allow the employer to require workers to take up work again in case the danger persists, as foreseen in section 9(3) of the Occupational and Safety Act.

5.  Article 13, paragraph 3.  The Committee would be grateful if the Government would provide a copy of the specific provisions of the Länder construction ordinances or other regulations ensuring appropriate measures against possible dangers arising from construction sites to protect persons present at or near such sites.

6.  Article 14, paragraphs 1, 2 and 4.  The Committee would be grateful if the Government would indicate the specific provisions of the Länder construction ordinances and to provide copies of the relevant texts in addition to copies of DIN-standards 4420 (Parts 1, 2 and 3) and 4421. The Committee requests the Government to indicate the specific provisions stipulating that suitable and sound ladders are provided in the absence of alternative safe means of access to elevated working places. The Committee further asks the Government to provide copies of the texts of these provisions, including a copy of DIN EN131, Parts 1 and 2. The Committee requests the Government to indicate and provide copies of the provisions prescribing the cases in which, and the times at which, scaffolds must be inspected.

7.  Article 15, paragraphs 1(e) and 2.  The Committee would be grateful if the Government would indicate the measures adopted to provide for appropriate training for workers who operate lifting appliances and gear. Please also indicate the measures taken or envisaged to prohibit the use of lifting appliances for raising, lowering and carrying of persons unless the appliances are constructed for that specific purpose.

8.  Article 16, paragraphs 1, 2(a) and (b).  The Committee would be grateful if the Government would provide copies of the relevant provisions of VBG 40. The Committee requests the Government to indicate how safe and suitable access ways and appropriate organization and control of traffic on construction sites are guaranteed in line with the requirements of the Convention.

9.  Article 17, paragraphs 1(a) and (d), and 3.  The Committee requests the Government to provide copies of the texts of the provisions which ensure compliance with the requirements of the Convention concerning design, construction, maintenance and use of plant, machinery, equipment and hand tools as well as concerning the appropriate training of workers operating plant, machinery, equipment and hand tools. Please supply copies of the texts of the specific provisions on the Compressed Air Ordinance and the Pressurized Container Ordinance which ensure that pressure plant and equipment shall be examined and tested by a competent person according to the requirements of the Convention.

10.  Article 18, paragraph 1.  Please provide a copy of the provisions prescribing an order of priority in which prevention measures must be taken. Please provide information on how prevention in line with the Convention is ensured for workplaces which are excluded from the scope of section 12(1) of VBG37. In this context, the Committee would be grateful if the Government would provide a copy of the provisions governing prevention measures against falling in workplaces and traffic ways on roofs in case of a fall height of above three metres.

11.  Article 20, paragraphs 1(a) and (b), and 3.  The Committee requests the Government to provide a copy of the provisions in force that ensure the quality of the construction of cofferdams and caissons and that workers reach safety in the event of an inrush of water or material. Please also provide a copy of the provisions regulating the inspection of cofferdams and caissons in line with the Convention.

12.  Article 24(a) and (b).  The Committee would be grateful if the Government would supply a copy of the relevant provisions of the Model Construction Ordinance and DIN-standards 1045.

13.  Article 26, paragraphs 1 and 2.  The Committee requests the Government to provide more specific information on the provisions guarding against danger from electrical equipment, as required by the Convention, and to supply copies of the relevant technical rules and supplementary standards, such as DIN VDE 0 100 Part 704.

14.  Article 27(a) and (b).  The Committee would be grateful if the Government would provide a copy of VBG 46.

15.  Article 30, paragraph 3.  The Committee requests the Government to provide more specific information on the measures established by the competent authority for personal protective equipment and protective clothing and to supply copies of the relevant regulations of the eighth GSGV.

16.  Article 31.  The Committee would be grateful if the Government would supply copies of the relevant provisions of VBG 109.

17.  Article 32, paragraph 3.  The Government is requested to indicate how separate sanitary and washing facilities for men and women workers are ensured.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information supplied by the Government in its report. It would draw the Government's attention to the following points.

1. Article 6, paragraph 3, of the Convention. The Committee notes the Government's indication to the effect that section 20 of the Ordinance on Dangerous Substances requires the employer to establish working instructions appropriate to the type of work and material indicating the health and environmental risks involved in handling dangerous substances and defining the requisite safety measures (first aid measures) and rules for conduct. These instructions are to be written in the language and manner comprehensible to the workers. In this regard, the employer's general obligation under section 87 of the Works Constitution Act to participate in the works council remains unchanged. The Committee recalls that Article 6, paragraph 3, of the Convention calls for the preparation of procedures dealing with emergency situations which have to be established by the employer in cooperation with the occupational safety and health services, and after consultation with the workers' representatives concerned. The Committee accordingly requests the Government to indicate whether, apart from the works council, the occupational safety and health services are involved in the preparation of procedures dealing with emergency situations, and if so, please provide full details.

Article 17, paragraph 3. The Committee notes again section 39, subsection 2, of the Ordinance on Dangerous Substances, requiring the employer to submit in advance detailed workplans before carrying out demolition, restoration and maintenance work on and in constructions, buildings and vehicles containing asbestos. These work plans have to be submitted together with the employer's licence, showing his qualification to carry out this kind of work, to the competent authorities for approval. According to the Government, this regulation ensures that the occupational safety and health services are extensively involved in the establishment of workplans. In this respect, the Committee recalls the provision of Article 17, paragraph 3, of the Convention providing for the consultation of workers or their representatives on workplans regarding the demolition of plants or structures containing friable asbestos insulation materials, and removal of asbestos from buildings or structures in which asbestos is liable to become airborne. The Committee accordingly requests the Government to indicate whether workers or their representatives are consulted on such workplans.

Article 21, paragraph 4. The Committee notes the Government's explanation to the effect that section 1 of the Ordinance on the Prohibition of Chemicals prohibits the trade, manufacture and use of asbestos in Germany. In addition, the exposure of workers to asbestos is prohibited under section 15a of the Ordinance of Dangerous Substances. However, demolition, restoration and maintenance work is exempted from this ban, but may only be carried out under the particular conditions prescribed in section 39 of the Ordinance on Dangerous Substances. Moreover, the Technical Rules for Dangerous Substances 519 (TRGS 519) contain specific provisions as concerns safety procedures for the protection of workers involved in these activities. The Committee further notes the Government's conclusion that these regulations, based on the technology available, minimize the workers' exposure to asbestos and thus guarantee a high level of protection. The Committee recalls the provision of Article 21, paragraph 4, of the Convention and requests the Government to explain the efforts made or envisaged to provide the workers, whose continued assignment to work involving exposure to asbestos is found medically inadvisable, with other means of maintaining their income.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information supplied in the Government's report. It would draw the Government's attention to the following points:

1. Article 6, paragraph 3, of the Convention. The Committee notes that section 26 of the Ordinance on Dangerous Substances prescribes procedures for dealing with emergency situations. Section 20 of this Ordinance requires the employer to establish work instructions which contain, inter alia, first aid measures. According to section 87 of the Works Constitution Act, the works council participates in the preparation of these instructions. The Committee would recall that Article 6, paragraph 3, of the Convention calls for the preparation of procedures dealing with emergency situations by the employer in cooperation with the occupational safety and health services, and after consultation with the workers' representatives concerned. The Committee requests the Government to indicate whether occupational safety and health services are involved in the preparation of procedures dealing with emergency situations, and if so, please provide full details.

2. Article 17, paragraph 3. The Committee notes that section 39, subsection 2, of the Ordinance on Dangerous Substances requires the employer to submit in advance detailed work plans before demolition of plants or structures containing friable asbestos insulation materials is carried out. The Committee would be grateful if the Government would indicate whether workers or their representatives are consulted on such work plans as required by Article 17, paragraph 3, of the Convention.

3. Article 19, paragraph 2. The Committee requests the Government to indicate the appropriate measures taken by the competent authority and by employers to prevent pollution of the general environment by asbestos dust released from the workplace.

4. Article 21, paragraph 4. The Committee requests the Government to explain the efforts made, or envisaged, to provide the workers, whose continued assignment to work involves exposure to asbestos which are found to be medically inadvisable, with other means of maintaining their income.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the information provided by the Government in its last report covering the period from 1990 to 1994.

1. In its previous direct request, the Committee drew the Government's attention to the new dose limits for exposure adopted, in 1990, by the International Commission on Radiological Protection (ICRP), on the basis of new physiological findings. The Committee notes that in its last report the Government indicates that in the light of the recommendations made by the ICRP in 1990, a review of the whole of the Radiation Protection Ordinance is envisaged. In addition, the Government specifies that the dose limits recommended by the ICRP will be incorporated into national law once the European directive designed to harmonize the measures relating to radiation protection has been adopted. Recalling once again that Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention refer to "knowledge available at the time" and "current knowledge", the Committee hopes that the Government will soon be able to provide details of the adoption of new dose limits, in accordance with the recommendations adopted in 1990 by the ICRP and reiterated in 1994 in the International Basic Safety Standards jointly sponsored by the IAEA, WHO, ILO and three other international organizations. The Committee requests the Government to specify the new dose limits applicable, on the one hand to workers directly engaged in radiation work, on the other hand to pregnant women workers, and finally to the workers covered in Article 8 who, without being directly engaged in radiation work, are likely to be exposed to radiation. The Government is also requested to provide a copy of the text of the revised Radiation Protection Ordinance as soon as it has been adopted.

2. The Committee notes the information provided by the Government on the measures relating to emergency situations. It asks the Government to provide additional information on the circumstances in which the exceptional exposure of workers may be authorized and on the measures designed to make protection against accidents and during emergency operations as effective as possible, in particular with regard to the design and protective features of the workplace and equipment, and the development of techniques whose use, during emergency interventions, would enable the exposure of persons to ionizing radiation to be avoided.

3. The Committee notes that in reply to its previous direct request, the Government indicates that neither the X-Ray Protection Ordinance of 1988 nor the Radiation Protection Ordinance of 1989 provides for the possibility of offering alternative employment to workers who have absorbed an effective dose of over 400 mSv or who, for medical reasons, have been advised not to continue to engage in employment likely to involve exposure to radiation. Employment contracts or collective agreements may contain provisions relating to the continuity of employment or to the training opportunities designed to enable workers to be reclassified. In addition, the Government specifies that the issue of the continuity of workers' employment, the pursuit of the activities of which would lead to a violation of the provisions relating to labour protection, does not concern only the area of radiation protection but constitutes a general problem of labour law, the solution to which largely depends on the circumstances specific to each enterprise and which, consequently, cannot be resolved by legislative means in a general uniform manner. In this regard, the Committee notes the information provided by the Government to the effect that the issue of alternative employment will be dealt with as part of the review of the Framework Act on Labour Protection. The Committee requests the Government to furnish information on the progress made in the review and to provide copies of any texts adopted in this regard.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

I. The Committee notes the information provided in the Government's latest report and the directives provided in reply to its previous direct request. It further notes the adoption of the Ordinance concerning protection from injury by X-rays of 8 January 1988 and the Ordinance on the Protection against Damages and Injuries Caused by Ionizing Radiation (Radiation Protection Ordinance) promulgated on 30 June 1989 and corrected on 16 October 1989.

II. The Committee would refer the Government to its general observation of 1992 under this Convention which sets forth the latest recommendations made by the International Commission on Radiological Protection (ICRP) concerning exposure to ionizing radiations (Publication No. 60 of 1990) and requests the Government to provide further information on the following points.

1. Article 3, paragraph 1 and Article 6, paragraph 2

(a) The Committee notes that section 49 of the Radiation Protection Ordinance sets forth dose limits for occupationally exposed persons equivalent to the recommendations made by the International Commission on Radiological Protection (ICRP) in 1977 (i.e. 50 mSv per year for occupationally exposed persons in category A). Paragraph 11 of the general observation under this Convention for 1992 sets forth the latest ICRP dose limits for occupational exposure to ionizing radiation. The ICRP now recommends a limit on the effective dose of 20 mSv per year, averaged over five years (100 mSv in five years), but not to exceed 50 mSv in any single year. The Government is requested to indicate in its next report the steps taken or envisaged to amend the dose limits for occupational exposure to ionizing radiation in the light of the current knowledge as reflected in the 1990 ICRP Recommendations.

(b) The Committee would refer the Government to paragraph 13 of the general observation concerning dose limits for pregnant women. It notes that section 56(1) of the Radiation Protection Ordinance provides that steps shall be taken to assure that pregnant women do not stay in restricted access areas (i.e. areas where the effective dose received of ionizing radiations may exceed 15 mSv). Furthermore, section 49(3) provides that the body dose accumulated at the uterus over one month for women of childbearing age shall not exceed 5 mSv. In its latest recommendations, the ICRP has concluded that women who may be pregnant should be provided with a standard of protection for any unborn child broadly comparable with that provided for members of the general public (i.e. effective dose not to exceed 1 mSv per year) and that the equivalent dose limit to the surface of the woman's abdomen should not exceed 2 mSv for the remainder of the pregnancy. The Government is requested to indicate the steps taken or envisaged to ensure effective protection of pregnant women in the light of the current knowledge as reflected in the latest ICRP recommendations.

2. Article 8. The Committee would refer the Government to paragraph 14 of the general observation which indicates that the dose limits for non-radiation workers should be equivalent to those set for members of the general public (1 mSv per year averaged over any five consecutive years). The Committee notes that section 51 of the Radiation Protection Ordinance provides that the effective dose for persons who are not occupationally exposed shall not exceed 5 mSv per year. The Goverment is requested to indicate, in its next report, the steps taken or envisaged to revise the effective dose limit for non-radiation workers in the light of current knowledge.

III. The Committee would refer the Government to paragraphs 28 to 34 of its general observation for 1992 concerning the provision of alternative employment. It notes that section 49 of the Radiation Protection Ordinance provides that the sum of the effective doses of occupationally exposed persons determined in all calendar years shall not exceed 400 mSv. Furthermore, section 67(2) provides that an occupationally exposed person may continue to be employed in work involving exposure to ionizing radiations only if an authorised physician has indicated that there are no medical objections to such person's continued employment. The Government is requested to indicate whether there are any provisions in law or practice to ensure the provision of alternative employment opportunities not involving exposure to ionizing radiations for workers who have accumulated an effective dose greater than 400 mSv or for whom it is medically inadvisable, due to previous exposure, to continue in work involving exposure to ionizing radiations.

IV. Finally, the Government is referred to paragraphs 3 to 7 and 16 to 27 of the 1992 general observation and requested to indicate the steps taken or under consideration in relation to the optimization of protection and the protection against accidents and emergencies raised under paragraph 35(a) and paragraph 35(c) of the conclusions.

Direct Request (CEACR) - adopted 1987, published 74th ILC session (1987)

The Committee notes the information contained in the Government's last report, particularly the list of directives concerning radiation protection which have recently been published. The Committee requests the Government to supply copies of these directives.

The Committee would also be grateful if the Government would supply a copy of the amendment to the X-ray Order which was mentioned in the report, upon its adoption.