Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 127 (maximum weight), 139 (occupational cancer), 148 (working environment (air pollution, noise and vibration)), 155 (OSH), 161 (occupational health services), and 167 (safety and health in construction) together.

The Committee notes the observations of the Forum for the Co-operation of Trade Unions (SZEF) and the Hungarian Trade Union Confederation (MASZSZ), received in 2024. It also notes the observations made by the workers’ representatives of the National ILO Council communicated with the Government’s reports concerning Conventions Nos 155 and 167.

General Provisions

Occupational Safety and Health Convention, 1981 (No. 155)

The Committees notes the information provided by the Government on the implementing measures giving effect to Article 11(b) (on determination of work processes, substances and agents subject to authorization or control), Article 11(f) (systems to examine chemical, physical and biological agents in respect of the risk to the health of workers) and Article 16 of the Convention (employers’ responsibilities) which responds to its previous request.

Articles 4, 7 and 8 of Convention No. 155. National OSH policy and review of the national OSH situation. Following its previous comments, the Committee notes the Government’s indications in its report regarding the adoption of the national OSH policy for the period 2016–22, in consultation with the most representative organizations of employers and workers. It also notes with interest the information provided by the Government on the subsequent discussion and adoption of the national OSH policy for the period 2024–27 within the National Commission for Occupational Safety and Health, which aims to improve the prevention of occupational accidents and diseases and the preparedness for possible future health emergencies. To achieve these objectives, measures will be adopted at the national, sectoral and workplace levels, including for the identification, prevention and reduction of ergonomic and psychosocial risks, and the promotion of safe and healthy working conditions, particularly in the agriculture sector and in micro, small and medium-sized enterprises, among others.

The Committee further notes that, in their observations, the workers’ representatives of the National ILO Council claim that the OSH management system currently places little emphasis on prevention and add that there is a persistent lack of OSH prevention in the public sector and in micro, small and medium-sized enterprises. The Committee requests the Government to continue to provide information on the measures taken to ensure the implementation of the national OSH policy 2024–2027, in consultation with the representative organizations of employers and workers concerned, including the measures taken to prevent occupational accidents and diseases in the public and private sectors, including in micro, small and medium-sized enterprises. It also requests the Government to provide further information on the review of the national OSH policy, including information on any discussions regarding OSH held at the National Commission for Occupational Safety and Health, the main problems identified, the methods for addressing them and the priorities for action established.

Articles 5(c), 14 and 19(d). Appropriate training in occupational safety and health. The Committee notes that in their observations, the SZEF and the MASZSZ claim that under section 55(2a) of the OSH Act, in the case of the types of work defined in the Minister’s regulations, the training required when an employee is hired, and when the workplace, job position or requirements for safe and healthy work change, may also be provided by giving the employee the general training material specified in the Minister’s decree or by publishing the training content on an internal electronic network accessible to the employee. The workers’ organizations indicate that, according to Decree No. 6 of 2024, employers are authorized to apply the provision of section 55(2a) of the OSH Act with respect to office workers and teleworkers using information technology and computer equipment. They claim that, although the exception has so far been limited to these two categories of workers, the Minister can extend the personal scope of this provision to other categories of workers by adopting new decrees. The SZEF and the MASZSZ claim that the fact that employers can fulfil their legal obligation by giving the employee the general training or by publishing the content to the internal electronic network undermines the adequacy and suitability of the training provided to workers. The workers’ organizations state that office workers and teleworkers are highly exposed to ergonomic and psychosocial risks. The Committee requests the Government to provide its comments in this respect.

Article 12. Responsibilities of those who design, manufacture, import, provide or transfer machinery, equipment and substances for occupational use. Further to its previous comments, the Committee notes the Government’s indications that Act XXV of 2000 on Chemical Safety, which aims to identify, prevent, reduce, eliminate and disclose the harmful effects of dangerous substances and mixtures, contains detailed provisions on the manufacture, import and supply of dangerous substances (sections 14, 20(1), 21(4), 30 and 31), as well as on the provision of information and instructions on their correct installation and use (sections 6, 8, 10 and 20(5)). It also notes that Decree No. 16 of 2008 on safety requirements and certification of conformity of machinery establishes requirements for the design of machinery in relation to ergonomics, lighting, protective devices, emergency stops, noise, vibration, radiation and emissions of hazardous substances (Annex 1), as well as the obligation of the manufacturer to draw up instructions for the correct assembly, installation and use of machinery (sections 112(a), 137, 174 and 17.42(k)), and to carry out studies on machinery to determine whether the design and construction are safe (section 1 of Annex 8). The Committee further notes that Decree No. 10 of 2016 on minimum health and safety requirements for work equipment and its use establishes OSH standards for the design of work equipment (sections 4, 33(1), (2) and (4) and 36(1)), and the obligation to install, use and dismantle work equipment in accordance with the manufacturer’s instructions (sections 29(2), 37(1), 52(3)(a)). Noting the Government’s indications that the development of OSH legislation will continue to be carried out on a tripartite basis, taking into account the opinion of professional organizations such as the National Association of Lifting Machinery, the National Trade Association of Construction Contractors and the Hungarian Chemical Industry Association, the Committee requests the Government to indicate the measures taken to ensure that those who design, manufacture, import, supply or transfer equipment and substances for occupational use undertake studies and research or otherwise keep abreast of the scientific and technical knowledge necessary to comply with Article 12(a) and (b) of the Convention, including the adoption of legislation in this regard in consultation with the representative organizations of employers and workers concerned.

Article 9. Enforcement of laws and regulations concerning OSH through an adequate and appropriate system of inspection. The Committee notes the observations made by the workers’ representatives of the National ILO Council stating that: (i) the downsizing of the occupational safety and health authority makes it inadequate to fulfil its purpose; and (ii) the number of OSH inspections is decreasing. It also notes the information provided by the Government on the labour inspection services carried out from 2015 to 2023, including the number of inspection visits carried out, the annual inspections made by subject area, the number of OSH irregularities detected, the number of occupational accidents registered (683 fatal accidents, 1,521 serious accidents and 1,996 severe injuries), and the number of occupational diseases and cases of increased exposure notified (15,803 cases).

The Committee further notes the Governments’ indication that the national OSH policy 2024–27 aims to strengthen the operational capacity of the occupational safety and health authority. With reference to its comments under the Labour Inspection Convention, 1947 (No. 81), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129), the Committee requests the Government to continue to provide information on the measures taken in practice to strengthen its labour inspection system and to enforce the laws and regulations concerning occupational safety and health and the working environment. In this respect, it also requests the Government to continue to provide information on the number, nature and causes of the occupational accidents and diseases notified, as well as information on the inspection activities carried out.

Occupational Health Services Convention, 1985 (No. 161)

Article 5(f) of Convention No. 161. Surveillance of workers’ health in relation to work. The Committee notes that in their joint observations, the SZEF and the MASZSZ claim that: (i) under section 49(1a) of the OSH Act, which entered into force in September 2024, the suitability and health of the employee required for a job should be decided on the basis of a medical examination only in the cases provided for by law or at the employer’s discretion; and (ii) according to section 51(4) of the Labour Code, employers are only required to provide free regular medical examinations when provided by law.

The Committee notes that, in accordance with Decree No. 49 of 2024 on the organization of the compulsory aptitude test for work, fitness for work shall be decided on the basis of medical examinations and opinions in cases where workers are exposed to the following risks: hazardous chemicals, ionizing radiations, handling of loads of more than 10 kilograms, biological agents, dust, noise, vibrations, machinery, work in mines, work with risk of explosion, work with oil and gas, night shift work, work involving heat or cold stress and work at heights.

The Committee notes that the SZEF and the MASZSZ indicate that, according to the joint opinion of the workers’ and employers’ representatives of the national OSH Committee, the system of medical examinations instituted under section 49(1a) of the OSH Act, section 51(4) of the Labour Code and Decree No. 49 of 2024: (i) leads to the exclusion of vulnerable groups of workers from the provision of medical examinations, including pregnant women, young workers and older workers; (ii) does not take into account ergonomic and psychosocial risks; and (iii) does not specify whether it applies to pre-employment examinations as well as periodic examinations. The Committee requests the Government to provide its comments in this respect. It requests the Government to provide information on the measures taken to progressively develop health surveillance in relation to work, including for workers exposed to ergonomic and psychosocial risks. It also requests the Government to provide information on the number of medical examinations carried out prior to employment and at regular intervals thereafter.

Articles 8, 9 and 16. Supervision of the operation of occupational health services. Following its previous comments, the Committee notes that the Government indicates that, by virtue of section 4 of Decree No. 27 of 1995 on occupational health services, these services perform multidisciplinary functions that include (i) identifying sources of risk in the working environment; (ii) providing occupational health services in physiology, psychology, rehabilitation, ergonomics, hygiene, chemical safety and first aid; (iii) reporting on health and safety issues related to working conditions; (iv) advising on personal protective equipment; and (v) reporting and investigating occupational diseases and cases of increased exposure. The Government adds that in order to fulfil these tasks, in the period 2018–2023, 330 graduates, together with specialists and nurses, participated in the implementation of multidisciplinary occupational health services.

With regard to the supervision of their operation, the Government indicates that occupational health is monitored by the Department of Occupational Safety and Health and the National Centre for Public Health and Pharmacy, and that occupational health services report annually on their work. In this respect, the Committee notes that in 2023, the occupational health services conducted 466,702 on-site occupational health inspections, recorded 3,337,120 workers exposed to pathological factors, examined 46,138 cases related to working conditions, treated 366,615 workers with chronic illnesses, organized 4,952 health promotion activities, and carried out 304,258 consultations on occupational health matters. The Committee also notes the Government’s indication that the employer, the workers and their representatives participate on an equal footing in the organization of measures related to occupational health, including the selection and evaluation of the occupational health services and the investigation of the circumstances of occupational diseases and incidents of increased exposure. The Committee takes note of this information, which responds to its previous request.

Protection against specific risks

Maximum Weight Convention, 1967 (No. 127)

Article 5 of Convention No. 127. Adequate training on working techniques for the manual transport of loads. Following its previous comments, the Committee notes that the Government indicates that, under section 55(1) of the OSH Act, employees must receive OSH training, including the necessary information, rules and instructions, before starting work, when the requirements for safe and healthy work change, when the workplace or job changes and when work equipment is adapted. It also notes that the Government indicates that: (i) during official inspections, the occupational safety and health authority verifies that employees receive information before the manual transport of loads, checking in particular whether they are informed of the risks associated with the manual transport of loads, as well as the relevant rules to avoid such risks; and (ii) in the larger supermarket chains, leaflets with images related to the manual transport of loads and lifting equipment are placed at all work stations, and workers are asked to confirm that they have read them.

The Government also indicates that in workplaces where it is necessary for employees to transport loads manually (due to structural characteristics limiting the use of lifting equipment) OSH training on correct manual transportation is especially important. The Committee requests the Government to continue to provide information on the measures taken to ensure, in accordance with Article 5 of the Convention, that workers assigned to the manual transport of loads receive, prior to such assignment, adequate training or instructions on working techniques, with a view to safeguarding health and preventing accidents.

Application in practice. Further to its previous comments, the Committee notes the information provided by the Government on: (i) the supervision of compliance with the provisions on manual transport of loads during every annual inspection; (ii) the number of official measures taken with respect to violations of manual transport of loads rules from 2018 to 2023, which show a steady decrease per year (98 measures in 2018, 63 in 2019, 40 in 2020, 36 in 2021, 34 in 2022, and 16 in 2023); and (iii) the awareness-raising campaigns on safe manual transport of loads carried out between 2020 and 2022, during which informative material and lectures were given to occupational safety specialists, employers and employees. It also notes the Governments’ indication that disorders of the skeletal and muscular system are the most common among workers in the commerce, goods transportation, construction and health sectors. The Committee requests the Government to continue to provide information on the number of inspections carried out in relation to manual transport of loads and the infringements detected, the number of official preventive measures applied, the number of disorders of the skeletal and muscular system diagnosed and the number of sanctions imposed.

Occupational Cancer Convention, 1974 (No. 139)

Legislation. Following its previous comments, the Committee notes the information provided by the Government on the adoption of Decree No. 55 of 2023, which the Government indicates implements the EU Regulation No. 1907 of 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), Annex XVII of which contains a list of carcinogens subject to prohibition, authorization and control, which is periodically reviewed and updated. The Government indicates in this respect that Decree No. 55 gives effect to a number of provisions of the Convention, namely: Article 2(2) on the reduction of the number of workers exposed to carcinogenic substances and the duration and degree of such exposure to the minimum compatible with safety (sections 5(5), 6(1), 7(3)); Article 3 on measures to protect workers against the risks of exposure to carcinogenic substances, including a system of records (sections 5(8) and(12) and 17 and 15(6)); and Article 4 on the obligation to inform workers of the risks that carcinogenic substances pose to their health and the measures that should be taken (sections 12 and 13(2)). The Committee requests that the Government take into account its comments below concerning Article 5 of the Convention.

Article 2(1) of Convention No. 139. Replacing carcinogenic substances with non-carcinogenic substances or less harmful substances. Further to its previous comments, the Committee notes the Government’s indications that: (i) under section 54(1)(f) of the OSH Act, employers are required to replace hazardous working conditions with safe or less hazardous working conditions to ensure safe and healthy work; and (ii) by virtue of section 5(13) and (14) of Decree No. 55 of 2023, the use of carcinogenic substances may only be introduced if it is technically impossible to substitute them with non-carcinogenic substances or with less harmful substances. If a non-carcinogenic or less dangerous substance is available, the employer must explain why the carcinogenic substance is not being replaced.

It also notes that the Government indicates that the occupational safety and health authority draws the employers’ attention to the need to substitute carcinogenic substances with non-carcinogenic or less potent substances, where possible. It indicates that during inspections, the authority has noted that employers are prioritizing the substitution of carcinogenic substances with a view to complying with the requirements of Decree No. 55 of 2023. The Government adds that, in practice, the difficulties regarding the substitution of carcinogenic substances with non-carcinogenic ones is mainly due to economic limitations as well as a lack of knowledge or technological specificities. Noting the challenges identified by the Government, the Committee requests the Government to provide further information on the measures taken to support employers in overcoming these difficulties, with a view to ensuring that, in practice, carcinogenic substances and agents are replaced by non-carcinogenic substances or agents or by less harmful substances or agents.

Article 5. Medical examinations after the period of employment. The Committee notes that section 15(1) of Decree No. 55 of 2023 provides for medical examinations prior to the commencement of employment involving exposure to carcinogenic substances, as well as periodic examinations during the period of employment. It notes, however, that according to section 15(3) of the aforementioned Decree, the health of the worker is monitored after the end of exposure to carcinogenic substances at the initiative of the doctor or the occupational safety and health authority. The Committee requests the Government to provide information on the implementation of section 15(3) with a view to ensuring that workers are provided with such medical examinations or biological or other tests or investigations, as are necessary to evaluate their state of health in relation to occupational hazards after their employment.

Article 6(b) and (c). Appropriate inspections services. Application in practice. Further to its previous comments, the Committee notes that the Government indicates that (i) the bodies responsible for ensuring compliance with the Convention are the occupational safety and health authority (section 86(1)(b) of the OSH Act) and the State Health Administration Body (section 4(3) of Act XI of 1991 on Health Authorities and Administration); and (ii) the OSH Act establishes the procedure in case of violation of the rules relating to the application of the Convention, including the powers of labour inspectors to order remedial measures, prohibition measures and measures of immediate executory force, in case of exposure to carcinogenic substances or agents (section 84(1)), and the imposition of penalties for violation of OSH requirements (section 82(1)).

Furthermore, the Committee notes the information provided by the Government on the application in practice of the Convention from 2016 to 2023, including the number of inspections carried out (1,065), the number of cases of increased exposure to lead and its inorganic compounds (122), the number of workers affected by asbestos demolition activities (10,249), the number of remedial and suspension orders issued (2,251), the number and amounts of fines imposed (62 fines, amounting to 65,346,651 Hungarian forints), and the number of cases of occupational cancer reported (25). The Government indicates that the lack of knowledge on the part of employers of the carcinogenic properties of the substances and agents gives rise to various infringements, such as: lack of risk assessments, lack of information provided to workers on the carcinogenic risks involved and the measures to be taken, lack of ventilation and decontamination of the working environment, poor occupational hygiene, lack of surveillance of workers’ health through medical examinations and lack of adequate records. The Government adds that, according to the occupational hygiene and occupational health body, deaths caused by occupational cancer represent approximately 10 per cent of all cases of fatal cancers in the country. Noting the Government’s indications that it plans to report activities involving carcinogenic substances on the official website of the Minister of Employment and Social Affairs and increase inspections of workplaces where activities involving exposure to these substances and agents are carried out,the Committee requests the Government to continue to provide information on the measures adopted to strengthen compliance with the provisions of the Convention, as well as information on its practical application, including the number of inspections and investigations carried out, the number of violations detected and sanctions imposed, as well as the number of occupational diseases and cases of increased exposure to carcinogens reported.

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Articles 4 and 12 of Convention No. 148. Prevention, control of and protection against occupational hazards in the working environment concerning air pollution, noise and vibration. Following its previous comments, the Committee notes the Government’s indications that (i) the Department of Occupational Health and Safety produced a guide describing the risk assessment process, including the assessments relating to noise and vibration; and (ii) the Department is preparing information material on all issues related to exposure for both employers and workers to reinforce the preventive approach.

It also notes that the Government refers to the employer’s obligations to adopt preventive measures as set out in Decree No. 66 of 2005 on the minimum safety and health requirements for the exposure of workers to noise, including sections 3, 4, 8(1) and (2) and 12(a) and (b). The Government also refers to the employer’s obligations established in sections 3, 5 and 6 of Decree No. 22 of 2005 on the minimum health and safety requirements for the exposure of workers to vibration.

The Committee also notes the Government’s indication regarding the adoption of Decree No. 5 of 2020 on the protection of the safety and health of workers exposed to chemical agents, which establishes the employer’s obligation to adopt preventive measures, including carrying out risk assessments of chemical agents (section 5) and managing hazardous substances (sections 6–8), among others. The Committee notes, in addition, the information provided by the Government on the number of violations of risk assessment rules identified between 2018 and 2023 with regard to noise (767), vibrations (88) and air pollution (897). The Committee requests the Government to continue to provide information on the measures taken to ensure that effective preventive measures are taken in practice for the protection of workers from health risks related to air pollution, noise and vibration, including the measures taken to ensure compliance with the risk assessments rules, established in Decree No. 66 of 2005, Decree No. 22 of 2005 and Decree No. 5 of 2020. It also requests the Government to continue to provide information on the material prepared by the Department of Occupational Health and Safety to reinforce the preventive approach to the risks generated by occupational exposure to air pollution, noise and vibration.

Protection in specific branches of activity

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

Article 35 of Convention No. 167. Appropriate inspection and effective enforcement of the provisions of the Convention. Application in practice. With regard to its previous comments, the Committee notes that the Government indicates that: (i) several targeted inspections were carried out in the construction sector in 2017, 2020 and 2021; and (ii) by virtue of Decree No. 25 of 2024 on the amount of the occupational safety and health fine and the detailed rules for its imposition, the amounts of fines for OSH violations have been increased.

It also notes that, according to the information provided by the Government on labour inspections carried out between 2016 and 2023: (i) the number of inspections carried out in the construction sector has decreased from 3,859 inspections in 2019 to 2,574 inspections in 2023; (ii) there is a high rate of non-compliance with regulations on risk assessment and management, protection against falls, protection against collapses and entrapments, equipment safety, provision of occupational health services and reporting of occupational accidents and diseases and investigation of their causes; (iii) the number of occupational accidents in the construction sector amounted to 7,554, including 184 fatal accidents, 384 serious accidents and 147 severe injuries; (iv) the number of reported cases of occupational diseases was 8; (v) the number and amount of fines imposed was 2,338 fines, totalling 639,398,475 forints; and (vi) the number of remedial measures ordered amounted to 16,752.

The Committee also notes the observations made by the workers’ representatives of the National ILO Council, underlining that the number of inspections is constantly decreasing, despite the high number of occupational accidents in the construction sector. The Committee requests the Government to continue to provide information on the measures taken to strengthen compliance with the provisions of the Convention, as well as information on its application in practice, including the number of inspections and investigations carried out, the number of violations identified and sanctions imposed, as well as the number of occupational accidents and diseases reported.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 161 (occupational health services), 127 (maximum weight) and 148 (working environment (air pollution, noise and vibration)) together.

Occupational Health Services Convention, 1985 (No. 161)

Articles 8, 9 and 16 of the Convention. Supervision of the operation of occupational health services. The Committee notes the observations made by the workers’ representatives of the Tripartite National ILO Council, included in the Government’s report, according to which cost considerations by employers in the employment of private external occupational health services sometimes have a negative effect on the quality of these services. The workers’ representatives indicate that, in practice, occupational health services: (1) do not always cooperate with workers and their representatives, as provided for by Article 8; and (2) are not always of a multidisciplinary nature as required by Article 9. In this context, the Committee also notes the indications made by the workers’ representatives that there are no data on the operation of occupational health services, and that there are no clear regulations on inspections of the relevant service providers. The Committee requests the Government to provide information on the manner in which it ensures the multidisciplinary character of occupational health services, and to provide further information on the manner in which their operation is supervised by the labour inspection services (including their cooperation with workers and their representatives).

Maximum Weight Convention, 1967 (No. 127)

Article 5 of the Convention. Application in practice and adequate training on working techniques for the manual transport of loads. The Committee notes the observations made by the workers’ representatives of the Tripartite National ILO Council included in the Government’s report, that there are no specific rules guaranteeing the training on the manual handling of goods, and that the Government’s report does not specify to what extent relevant training is provided in practice. The Committee notes that the Government indicates that in 2014, 1,326 targeted inspections were carried out, and provides general information on the results of inspections relating to risk assessments and training, without providing specific data in relation to the manual movement of material. The Committee requests the Government to provide statistical information on the violations detected during inspections concerning the manual transport of loads, as well as the measures taken to ensure that workers assigned to the manual transport of loads receive adequate training with a view to protecting their health and preventing accidents.

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148))

Articles 4 and 12 of the Convention. Prevention, control of and protection against occupational hazards in the working environment concerning noise and vibration. The Committee notes the Government’s reiterated indication that there are no notification obligations with respect to risks related to vibration and noise at workplaces. It notes the Government’s indication that the National Health and Medical Office establishes an annual report based on the risks identified by the occupational health services, which also includes information on the number of workers exposed to noise and vibration. It further notes that the Government indicates that a reporting obligation is not necessary, as the thresholds for noise and vibration are verified through labour inspection, and remedial measures ordered, if necessary. In this context, the Committee also notes from the information provided in the Government’s report that noise and vibration are frequent omissions in risk assessments undertaken by employers. The Committee requests the Government to indicate the measures taken to ensure that effective preventive measures are taken in practice for the protection of workers from health risks relating to noise and vibration, including the measures it is taking to ensure that these issues are included in the relevant risk assessments.

Article 11(3). Provision of alternative employment. The Committee notes the Government’s reference in reply to the Committee’s previous request, to the rules on the transfer of workers that have been exposed to air pollution, noise or vibration. The Committee also notes the Government’s indications made in reply to the Committee’s request concerning the maintenance of the income of workers who are required to discontinue work in view of having been exposed to the above risks. In this respect, the Committee refers the Government to its comments under the Workmen’s Compensation (Accidents) Convention, 1925 (No. 17), and the Workmen’s Compensation (Occupational Diseases) Convention (Revised), 1934 (No. 42).

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

Article 35 of the Convention. Appropriate inspection. Effective enforcement of the provisions of the Convention. Application in practice. With reference to its previous comments, in which it requested information on the measures taken to address the upward trend in infringements of rules on electrical shock protection, the Committee notes the Government’s indication in its report that the occupational safety and health (OSH) authority pays special attention to the control of electrical safety requirements during inspections and that targeted inspections were carried out in this regard in 2014. The Committee also notes that the Government once again refers to section 82(1) of Act No. XCIII of 1993 on labour safety which requires OSH inspectorates to impose fines on employers who have exposed their workers to severe risks by failing to provide safe and healthy working conditions. In this regard, the Committee notes from the statistical information provided by the Government, that there was a decrease between 2010 and 2014 in the number of employers inspected in the construction industry (from 6,997 to 5,251), with some fluctuations during these years. It also notes that the number of resolutions imposing occupational safety fines fell from 643 in 2010 to 370 in 2014. Furthermore, the Committee notes that the number of measures taken with regard to violations of the rules pertaining to prevention of electrical shocks fell from 1,837 in 2010 to 1,254 in 2014, and that the number of measures taken with regard to violations of the rules pertaining to individual protective equipment, after having regularly fallen between 2010 and 2013, increased from 1,380 in 2013 to 2,346 in 2014. Finally, it notes that the number of occupational accidents in construction fell from 1,053 in 2010 (25 of which were fatal and 15 cases of total mutilation) to 791 in 2014 (18 of which were fatal and 18 cases of total mutilation). The Committee requests the Government to provide further information on the measures taken to ensure that appropriate inspection is carried out and the effective enforcement of the provisions of the Convention. It also requests the Government to provide information on the causes of the increase between 2013 and 2014 in the number of violations of the rules pertaining to individual protective equipment and on the measures taken or envisaged to address this increase, and to continue providing detailed information on the application of the Convention in practice.

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

Legislation. With reference to its previous comments, the Committee notes that the Government has not attached copies of the regulations referred to in its report, nor has it provided copies of the legislative texts requested in its previous comments. The Committee therefore once again requests the Government to provide copies of the most recent texts giving effect to the Convention. It also requests the Government to specify the relevant provisions of these texts.

Article 2(1) of the Convention. Replacing carcinogenic substances with non-carcinogenic substances or less harmful substances. With reference to its previous comments, the Committee notes the Government’s indication that the occupational safety and health (OSH) authority calls on employers to replace any carcinogen substances used with non-carcinogenic or less severely carcinogenic substances wherever possible. According to the experience of the OSH authority through inspections, employers give priority to the replacement of carcinogenic substances and mutagens in order to comply with the provisions of the Decree No. 26/2000 (IX.30). In practice, however, economic factors usually impede the replacement of such substances with non-carcinogenic substances (costly changes in technology or lack of knowledge). The Committee also notes that certain positive initiatives have been taken, for instance in relation to paints and surface treatment substances, and that there has been a switch in certain economic sectors (the automobile industry and metal surface treatment) to water-based chemicals and organic solvents not containing benzene. The Committee requests the Government to continue providing information on the measures taken to replace carcinogenic substances with non-carcinogenic substances or less harmful substances.

Article 6(b) and (c). Appropriate inspection services. Application in practice. The Committee notes the information provided by the Government on recent organizational changes that have affected the operation of the OSH authority, as well as the statistical data concerning the application in practice of the Convention. The Committee notes that since April 2012 labour inspectors have no longer had the power to conduct the misdemeanour procedures defined in Act No. XCIII on labour safety, 1993. The Committee also notes the Government’s indication that during occupational health and safety inspections, several inadequacies have been identified, such as: absence of records of employees performing activities with carcinogens during work; lack of prior medical examinations; and absence of labour safety training or written information on the risks of exposure to carcinogenic substances.

The Committee notes that according to the worker representatives on the tripartite National ILO Council, protection against occupational hazards caused by carcinogenic substances and agents is not adequate. They consider that there is an inadequacy in the health and institutional system, records, information and training of workers, the number of inspections conducted and the measures applied. They indicate in particular that, despite a significant increase in the number of employers engaged in activities with carcinogenic substances (from 675 in 2010 to 1,428 in 2014) and of workers exposed to carcinogens (from 14,625 in 2010 to 19,952 in 2014), there has not been a commensurate increase in the number of inspections (from 383 in 2010 to 401 in 2014). The institutional structure of the OSH authority and the inspection system are not suitable to ensure the protection of workers against carcinogenic substances and the sanctions applied are very weak. They emphasize that labour inspectors have been deprived of the power to conduct infringement procedures. They consider that the application of the Convention in practice is not satisfactory.

The Committee notes that in its response to the issues raised by the workers’ representatives, the Government indicates that the measures adopted following targeted inspections by the OSH authority are suitable to prevent damage to the health of workers as a result of exposure to carcinogenic substances or chemicals, or to significantly mitigate the risk at the specific workplace. The Government also indicates that the number of inspections stated in the report refers only to inspections targeting employers who have declared their use of carcinogenic substances, and that the OSH authority also verifies the use of potentially carcinogenic substances when conducting non-targeted inspections and introduces measures to eliminate the inadequacies identified. It adds that the increase in the number of employers concerned is a result of the efficiency of the authorities and discipline in notification. The Committee requests the Government to provide detailed information on the bodies tasked with ensuring compliance with the Convention and their different roles following the organizational changes of 2012, and to describe the procedures followed in the case of the violation of rules relating to the application of the Convention.

It further requests the Government to provide information on the measures taken or envisaged to maintain the efficiency of the inspection system in light of the increase in the number of employers and workers concerned.

In addition, it requests the Government to continue providing statistical data on the inspections carried out, the number and nature of the contraventions detected and the sanctions imposed, and the number, nature and cause of cases of disease.

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

The Committee notes the observations made by the workers’ representatives of the Tripartite National ILO Council, which were included in the Government’s report.

Articles 2 and 3(b) of the Convention. Coverage of the legislation giving effect to the Convention. The Committee notes the information provided by the Government in reply to its previous request that, pursuant to section 87 of the Occupational Safety and Health (OSH) Act, the Act applies to all persons performing work in the framework of organized work, including work performed as a public servant or public employee.

Article 4. Formulation, implementation and periodic review of a national policy on OSH. The Committee previously noted that the OSH Act requires the adoption of a national programme for the protection of health and working ability. It notes, in this respect, the Government’s indication that in 2001 a national health and safety programme was adopted, setting out long-term objectives until 2007. The Government states that a national safety and health policy was prepared and discussed in 2009, but that this policy was not approved. The Government also indicates that discussions on the national OSH policy began again in 2015. Recalling that the national policy process, with the full participation of the social partners, is the crucial motor for improving national OSH situations and creating safe and healthy working environments, the Committee requests the Government to pursue its efforts to formulate a national OSH policy. It requests the Government to provide information on the progress made in this respect, including on the consultations held with workers’ and employers’ organizations, as well as measures to implement and review the policy, once adopted.

Article 9. System of inspection. The Committee notes the observations of the workers’ representatives on the National ILO Council that multiple reorganizations have led to a capacity shortage at the OSH inspectorate and that capacity development is therefore required. The Government indicates in this respect that while the number of OSH inspectors decreased as a result of the institutional restructuring, the inspections conducted based on annual inspection plans are more effective and better targeted. The Committee also notes the Government’s statement that the national OSH inspectorate was integrated into the National Labour Office in 2012, but that when the National Labour Office was terminated in January 2015, the supervision of occupational safety was transferred to the Ministry of the National Economy. The Government also states that the Work Hygiene and Occupational Health Department functions as a department of the Office of the Chief Medical Officer. The Committee refers to its comments published in 2016 under the Labour Inspection Convention, 1947 (No. 81).

Article 11(a). The determination of conditions governing the design, construction and layout of undertakings. With reference to its previous comment, the Committee notes that section 18 of the OSH Act provides that the design, construction, putting into use and operation of a workplace, an installation or a technology, as well as the production, manufacturing, storage, handling, transportation, utilization, commercialization, import and operation of work equipment, materials and personal protective equipment may only take place if the appropriate requirements have been met, as defined in OSH regulations or, in their absence, as may be expected under the current state of scientific or technical knowledge. It also notes that Joint Decrees Nos 3 and 4/2002 of the Minister of Social and Family Affairs and the Minister of Health contain minimum safety requirements on the workplace and for construction sites and construction processes, respectively, including the design, construction and layout of undertakings. The Committee takes note of this information.

Article 11(b). Determination of work processes, substances and agents subject to authorization and control. The Committee once again requests the Government to provide information on the measures taken by the competent authority to determine the work processes and substances and agents for which exposure is prohibited, limited or made subject to authorization.

Article 11(e). Annual publication of information on OSH measures. The Committee notes the Government’s statement, in response to the Committee’s previous request, that the Minister of the National Economy undertakes an annual review of the occupational safety and health situation, and that the draft report is discussed and approved by the national OSH committee. It further notes that, pursuant to section 14 of the OSH Act, the results of the review are published. Moreover, on the basis of notifications, the Labour Supervision Department prepares an annual report on accidents at work.

Article 11(f). Risk assessment systems. Chemical, physical and biological agents. The Committee notes that the Government refers to the employers’ responsibility with regards to risk assessment. The Committee wishes to recall that Article 11(f) requires the competent authority to progressively introduce or extend risk assessment systems at the national level to give effect to the national policy. The Committee requests the Government to provide information on the measures taken to develop a system at the national level to examine chemical, physical and biological agents in respect of risk to the health of workers.

Article 12. Responsibilities of those who design, manufacture, import, provide or transfer machinery, equipment and substances for occupational use. The Committee notes the information provided by the Government regarding safety control of work tools. It also notes the Decree of the Minister of the National Economy on the safety requirements and certification of machines (No. 16/2008) and its Annexes, which contain detailed provisions on the responsibilities of the manufacturers in ensuring the conformity of machinery with the health and safety requirements. The Committee requests the Government to specify the responsibilities of those who design, import, provide or transfer machinery, equipment and substances for occupational use. It also requests the Government to provide information on the responsibilities of manufacturers regarding the equipment and substances that they produce.

Article 16. Employers’ responsibilities. The Committee notes that sections 47 and 48 of the OSH Act provide that the employer is obliged to establish protective measures against hazards taking into consideration the provisions of the Act and of the regulations establishing rules for: the carrying out of work; work processes; workplaces; technology; work equipment; and personal protective equipment. Under section 54, employers shall observe the following requirements: hazards shall be avoided; unavoidable hazards shall be evaluated; and hazards shall be eliminated at the place of origin. It also notes Act XXV of 2000 on Chemical Safety, and in particular section 19(1) on the assessment and reduction of risks and section 20(3) on risk control concerning the employers’ responsibilities in this respect, as well as Joint Decree No. 25/2000 of the Minister of Health and the Minister of Social and Family Affairs on the chemical safety of workplaces, which contains further details on these responsibilities. The Committee requests the Government to specify the provisions requiring employers to ensure that, so far as is reasonably practicable, the physical and biological substances and agents under their control are without risk to health when the appropriate measures of protection are taken, in accordance with Article 16(2).

Article 19(f). Protection of workers from undue consequences. The Committee notes that effect is given to this provision by sections 60, 61 and 63(1) and (2) of the OSH Act. Section 60 provides that employees must stop unsafe abnormalities or malfunctions within their capacities, or demand that this be done by their supervisor. Section 62 provides that employees shall not be discriminated against for requests related to the respect of healthy and safe working conditions. Pursuant to section 63(1) and (2), employees may refuse to perform work if it can directly and seriously endanger their lives, health or bodily integrity, including as a result of the non-functioning or absence of necessary protective devices or personal protective equipment.

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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

Relevant legislative texts. With reference to its previous comments, the Committee notes with interest that the Government in its most recent report provides further information regarding the adoption of new legislation including Decree No. 12/2006 (III.23.) EM of the Minister of Health on the protection of workers from the risks related to exposure to asbestos at work and Regulations (EC) No. 1907/2006 of the European Parliament and of the Council concerning the registration, evaluation, authorization and restriction of chemicals (REACH) including a list of carcinogens that is updated and extended at regular intervals. It also notes, however, that the Government has not attached copies of these legislative texts referred to in its reports nor includes copies of the text requested in its previous comments. In order to enable the Committee fully to appreciate the application of this Convention, the Committee therefore reiterates its request to the Government to submit copies of relevant legislation or reference to publicly available sources where the relevant legislation can be consulted.

Article 2(1) of the Convention. Replacing carcinogenic substances with less harmful substances. With reference to its query regarding Decree No. 26/2000 (IX.30.) allowing the use of carcinogenic substances only if they cannot be replaced with non-carcinogenic or less carcinogenic substances for “technical reasons”, the Committee notes that the Government indicates that since 2008 labour inspectors have not encountered any cases of blatant violation of using a carcinogen without good reasons when non-carcinogenic substances are available. The Committee would like to recall that the Government is under the obligations to also implement this provision of the Convention. The Committee requests the Government to provide additional information on measures taken, in law and in practice, to give effect to this Article.

Part IV of the report form. Application in practice. The Committee notes the information provided by the Government, including the information that the Hungarian Institute of Occupational Health keeps an Occupational Cancer Register of carcinogenic substances reported under Annex 3 of Decree No. 26/2000 (IX.30.) EüM of the Minister of Health and registered by the labour inspectorates; activities involving the use of carcinogenic substances; as well as workers exposed to such substances. It also notes that this Institute issues yearly evaluations based on an analysis of relevant data. The Committee notes further that the statistical data provided is limited to the number of cancerous diseases registered for the years 2005–09 (2005: 9; 2006: 8; 2007: 6; 2008: 4; 2009: 10 cases) and summary statistics for the years 2008 and 2009 indicating, inter alia, that there were 6,745 workers exposed to carcinogenic substances; that there were 339 reporting entities and that the most common occupational carcinogenic substances workers had been exposed to were wood powder and compounds of chromium. The Committee requests the Government to continue to provide statistical data on the trends related to occupational accidents and diseases including in the form of the yearly analyses provided by the Hungarian Institute of Occupational Health. The Committee also requests the Government to provide further information on the measures taken address problems at workplaces with potential health risks related to exposure to carcinogenic or mutagenic substances including substances such as wood powder and compounds of chromium.

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

The Committee notes the Government’s detailed report including extensive information regarding relevant and current legislation giving effect to the Convention but that the Government did not, as requested by the Committee, transmit copies of relevant national legislation. The Committee reiterates its request to the Government to submit copies of the main pieces of legislation which give effect to the Convention or provide information on publicly available web-sites where this legislation can be consulted to enable the Committee to evaluate the application of the Convention in the country.

Article 3(b) of the Convention. Definition of the term “worker”. The Committee notes that in the context of the effect given to this article the Government refers to the definitions contained in section 87 of the Occupational Safety and Health (OSH) Act. The Committee notes, however, that the referenced section 87 does not include a definition of workers to cover all employed persons including public employees as required by this provision of the Convention. The Committee requests the Government to provide detailed information on measures taken, in law and in practice, to give full effect of this provision of the Convention.

Article 4(1). Formulation, implementation and periodical review of a national policy on occupational safety and health. The Committee notes that Government’s current report contains only references to legal provision calling for the adoption of a “national programme for the protection of health and working ability” and that no reference is made in this report to the national safety programme referred to in its previous report. With reference to the terms of this provision of the Convention the Committee recalls that the Government is called upon to formulate, implement and periodically review a national policy on occupational safety and health. The Committee requests the Government to provide detailed information on measures taken, in law and in practice, to give full effect to this provision of the Convention.

Article 4(2). The preventive aim of the national policy. With reference to the terms of this provision of the Convention the Committee notes that according to the Government’s report, sections 1–8 of Chapter I of Act No. 93 of 1993 concerning the OSH Act, contains no reference to the basic principle of prevention which is the central principle of the Convention and that subsection 1 of section 2 of the same act calls upon the Government to enact a national programme for the protection of health and working ability. The Committee requests the Government to provide detailed information on measures taken, in law and in practice, to give full effect to this provision of the Convention.

Article 11(a), (b), (e) and (f) of the Convention. Obligation of the competent authority to ensure the application of the national policy. The Committee notes that the Government yet again did not reply to its previous request in which it noted that several provisions of Act No. 93 of 1993 contain references to ordinances which should define detailed rules concerning certain functions provided for in this Article. The Committee reiterates its request to the Government to provide information, based on Act No. 93 of 1993 or newer legislation if such has been adopted, on measures taken or contemplated in order to carry out the functions of: (a) the determination of conditions governing the design, construction and layout of undertakings, the major alterations affecting them and changes in their purposes; (b) the determination of work processes and of substances and agents, the exposure to which is to be prohibited, limited or made subject to authorization or control by the competent authorities; (c) the production of annual statistics on occupational accidents and diseases; (e) the publication of information on measures taken in pursuance of the occupational safety and health policy and on occupational accidents, occupational diseases and other injuries to health which arise in the course of or in connection with work; and (f) the introduction or extension of systems to examine chemical, physical and biological agents in respect of the risk to the worker’s health.

Article 12. Measures to be taken by a designer, manufacturer, importer, or person who provides or transfers machinery, equipment or substances for occupational use. The Committee notes the reference made in the Government’s report to the adoption of Decree No. 16/2008 (VIII.30.) NFGM on the safety requirements and compliance certification of machines that came into force on 29 December 2009 which, according to the Government, complies with relevant EU legislation. As this text has not been made available to it the Committee requests the Government to transmit a copy thereof to the Office to enable the Committee to evaluate the application of this provision in the country.

Article 16. Employer’ responsibilities. The Committee notes the reference made to Decree No. 14/2004. (IV.19.) FMM on the minimal safety and health requirements for work tools and their utilization and to Decree No. 65/1999 (XII.22.) EüM on the minimal safety and health protection requirements regarding the utilization of individual protection tools by workers at the workplaces. The Committee notes that while the referenced legislation has not been made available to the Committee it appears it does not seem to regulate employer’s responsibilities for occupational safety and health matter which is the object of Article 16 of the Convention. The Committee requests the Government to provide detailed information on measures taken, in law and in practice, to give full effect to this provision of the Convention.

Article 19(f). Protection of workers from undue consequences. The Committee notes that the report is silent as regards the application of Article 19(f). The Committee requests the Government to provide detailed information on measures taken, in law and in practice, to give full effect to this provision of the Convention.

Part V of the report form. Application in practice. The Committee notes the brief statistical information concerning occupational accidents for the years 2005 to 2010 (first quarter), which seems to indicate an uneven downward trend regarding the number of accidents reported and a steady downward trend in the number of fatalities. The Committee requests the Government to provide more ample statistical data, including more detailed analyses and reports from the labour inspectorate.

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

The Committee notes the information contained in the Government’s report, including on the adoption of new laws and regulations, including the amendment to Decree No. 25/2000 (IX.30.) EüM-SzCsM to take into account new limit values related to the exposure to asbestos; Decree No. 66/2005 (XII.22.) EüM SzCsM concerning the exposure to noise and Decree No. 22/2005 (VII.24.) EüM of the Minister of Health regarding exposure to vibration. Based on available information the Committee notes the effect given to Articles 8(1) and (2), and 9 of the Convention. The Committee notes that the referenced legislation was not attached to the report. The Committee requests the Government to continue to provide information on legislative developments in the country and to make the relevant legislative texts available to the Committee.

Article 1 of the Convention. Scope of application and definitions. The Committee notes that the report is silent as to whether the new legislation, adopted by the Minister of Health has amended the scope of national legislation so as to ensure compliance with this provision of the Convention and that only excerpts of the relevant texts have been made available to the Committee. The Committee requests the Government to provide further detailed information regarding the scope of the relevant legislation.

Article 11(3). Provision of alternative employment. The Committee notes that the information provided by the Government does not include a response to the comment raised by the Committee regarding the rules concerning the transfer of workers who have been exposed to air pollution noise or vibration where continued assignment is considered medically inadvisable, and measures taken to ensure that transferred workers are able to maintain their income. In this respect, the Committee would like draw the Government’s attention to the fact that the provision of Article 11(3) also relates to situations before any occupational disease has been declared but after a determination that continued assignment to work involving exposure to air pollution noise and vibration has been found to be medically inadvisable. The Committee again requests the Government to provide further information on measures taken to ensure the transfer to alternative employment of workers who, based on medical opinion, are required to discontinue work involving exposure to air pollution, noise or vibration and how it is ensured that such workers are able to maintain their income.

Article 12. Notification to the competent authority of exposure of workers to occupational hazards. The Committee notes that in its response the Government indicates that, in conformity with harmonized legislation with the European Community, there are no notification obligations with respect to risks related to vibration and noise at workplaces. The Committee also notes that the report is silent as regards the competent authority’s entitlement to authorize or prohibit the use of certain processes, machinery and equipment as provided in Article 12. The Government also indicates that, following consultations in the tripartite National ILO Council on the report for the ILO, the workers’ organizations expressed the view that national law was not in conformity with Article 12 of the Convention. The Committee deems it relevant yet again to refer to paragraph 68 of its general comments on the application of Conventions on occupational safety and health in its 1997 General Report, where the Committee stated that “there is a difference between international standards and regional standards in the approach adopted to occupational safety and health problems and the manner in which they are to be addressed. The incorporation of regional standards into national legislation is not always sufficient to meet the requirements of the international standards of the ILO. States should therefore be reminded that greater attention should be paid to these standards in the revision and formulation of national laws and regulations”. The Committee requests the Government to clarify measures taken to ensure full conformity with this provision of the Convention in law and in practice taking the comments of the workers’ organizations into account.

Part IV of the report form. Application in practice. The Committee notes that the report does not contain any information on the application in practice of the Convention as requested. The Committee requests the Government to provide a general appreciation of the application in practice of the Convention, including, for instance, extracts from the reports of the inspection services.

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

The Committee notes the detailed report submitted by the Government, including information regarding relevant legislation and statistics regarding application in practice of the Convention. Based on available information, the Committee notes the effect given to Articles 16, 19, 21 and 23 of the Convention.

Part IV of the report form. Application in practice. As regards application in practice, the Committee notes the statistical data provided regarding the construction industry, including information on infringements of relevant legislation in 2006–09, and the number of occupational accidents recorded in 2007–09. In terms of infringements, the information provided seems to indicate a downward trend regarding infringements of rules concerning protective equipment and an upward trend regarding infringements of the rules on shock protection. As regards the information regarding occupational accidents, it is difficult to determine any distinct trends. The Committee also notes the information in the Government’s report that, following consultations with employers’ and workers’ organizations – including on the workers’ side the National Federation of Autonomous Trade Unions; the Trade Union of Intellectuals; the Democratic League of Independent Trade Unions; the National Confederation of Workers’ Councils; and the Co-operation Forum of Trade Unions – the workers’ organizations have observed that resolutions on imposing labour protection fines were passed only for a fraction of the breaches of labour protection. In response thereto, the Government indicates that the inspection authority may impose a labour protection fine only in cases provided for in section 82(1) of Act XCIII of 1993 on labour protection which provides, inter alia, that fines be imposed in situations where the infringements “seriously endanger the life, physical integrity and health of workers” and that the inspector shall resort to misdemeanour proceedings in other cases implying serious risks. The Committee requests the Government to provide further information on measures taken to address the upward trend regarding infringements of rules on shock protection and on how section 82(1) of Act XCIII of 1993 is applied in practice in the light of the comments of the workers’ organizations.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information contained in the Government’s report. With reference to its previous comments, the Committee notes that the Government has not yet transmitted to it copies of the following legislation: Ministerial Decree No. 25/1998 (XII.27.) EUM; Act No. XI of 1991 on the public health care and medical officers’ service; Order No. 7/1991 (IV.26.) NM; and Order No. 59/1997 (XII.21.). The Committee reiterates its request to the Government to submit a copy of these and any other relevant legislation to enable it to make a full evaluation of the application of the Convention in the country.

Article 6 of the Convention. Use of suitable technical devices in order to limit or to facilitate the manual transport of loads. The Committee notes the Government’s references to a series of sections in the Act on Work Safety, namely: section 2(2), section 41(1), section 54(1)(d), and that, in accordance with the latter, the employer is required to take into account the specific characteristics of a load which may require application of appropriate technical equipment during its handling. The Committee also notes the Government’s indication that this requirement is further strengthened by the provision which requires employers “to take into consideration human factors when selecting work equipment and processes” when they fulfil their requirement “to ensure healthy and safe conduct of work”. With reference to section 54(2), of the Labour Safety Act, the Committee notes that employers are generally required to undertake a qualitative and quantitative evaluation of the risks jeopardizing the health and safety of employees and that, based on the results of such an evaluation, they must take measures to improve the working conditions. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that technical devices are used as much as possible in order to limit or facilitate the manual transport of loads, in application of this Article of the Convention.

Part V of the report form. The Committee also requests the Government to provide a general appreciation of the application of the Convention in practice, including extracts from inspection reports and any other relevant statistical information.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information contained in the Government’s report and the statistical information.

Relevant legislative texts. With reference to its previous comments, the Committee notes that although the Government’s most recent report provides some additional information in reply to the several issues previously raised in relation to Articles 2, 3 and 5, the Government has not submitted copies of the legislative texts referred to in its reports. In order to enable the Committee fully to appreciate the application of this Convention, the Committee therefore reiterates its request to the Government to submit copies of the following texts:

–      Act No. XLVII of 1997 on the management and protection of health and related personal data;

–      Joint Decree No. 25/1996 (VII.28) NM on the general health requirements of work performance and working conditions implying no danger to health;

–      Decree No. 187/1998 (XI.13) on the national statistical data collection programme;

–      the methodological guidelines for medical examinations which the Government announced in the context of Article 5 in its report of 1996, if these guidelines have been issued.

Article 2(1) of the Convention. Replacing carcinogenic substances with less harmful substances. The Committee recalls its previous concerns that section 5, paragraph 10, of Decree No. 26/2000 (IX.30) included a reference to the carrying out of cost-benefit analysis which seemed to imply that the replacement of carcinogenic substances or agents by less harmful substances or agents would be determined by other factors than their carcinogenic, toxic and other properties. Having examined Decree No. 26/2000 (IX.30) the Committee notes that section 5, paragraph 10, allows the use of carcinogenic substances only if they cannot be replaced with non-carcinogenic or less-carcinogenic substances for “technical reasons”. The Committee requests the Government to provide additional information on how effect is given to this Article through section 5, paragraph 10, of Decree No. 26/2000, or otherwise.

Part IV of the report form. Statistical information. The Committee notes the statistical information provided by the Government, including the data concerning the level of cancerous diseases of occupational origin, and the number of workers exposed to carcinogens as well as the fact that in the national work schedule for chemical safety top priority had been attributed to the inspection of workplaces with potential health risks related to carcinogenic or mutagenic exposure. The Committee requests the Government to continue to provide statistical data on the trends related to occupational accidents and diseases as well as further information on the measures taken to address problems at workplaces with potential health risks related to carcinogenic or mutagenic exposure.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information contained in the Government’s report, including on the adoption of new laws and regulations. The Committee regrets to note, however, that the Government has not complied with the Committee’s request to submit copies of relevant legislation providing for implementation of the provisions of Article 4 of the Convention. Although the Committee, in a few cases, has been able to find the relevant information in publicly available sources, the Committee is not in a position to fully appreciate the implementation of the provisions of the Convention in the country. The Committee therefore reiterates its request to the Government to submit copies of relevant legislative texts including Act LXXXIII of 1997 (Article 11), Decree No. 58/1997 (XII.21) of the Ministry of Welfare and Decree No. 233/1996 (XII.26), as well as up to date information on relevant technical standards and codes of practice providing for a practical implementation of the Convention (Article 4(2)). The Committee also notes that the report does not contain replies to all questions raised in its previous comments. It requests the Government to provide further information on the following points.

Article 1 of the Convention. Scope and definitions. The Committee notes the new legislation adopted by the Minister of Health, namely Decrees Nos. 25/2000 (IX.30) Eüm-SzCsM regarding air pollution, 18/2001 (IV.28) Eüm regarding noise and 3/2002 (II.8) SzCsM-Eüm regarding vibration. The Government has indicated that Decrees Nos 25/2000 and 18/2001 do not cover all sectoral activities. The Committee would be grateful if the Government would provide further detailed information regarding the scope of application of the relevant legislation and how adequate protection is ensured for workers in the branches excluded from the relevant legislation.

Article 2(2). Effect given to the Convention in law and in practice. The Committee notes that the Government refers to a series of directives from the European Community. Against this background, the Committee deems it relevant to refer to paragraph 68 of its general comments on the application of Conventions on occupational safety and health in its report in 1997, where the Committee stated that “there is a difference between international standards and regional standards in the approach adopted to occupational safety and health problems and the manner in which they are to be addressed. The incorporation of regional standards into national legislation is not always sufficient to meet the requirements of the international standards of the ILO. States should therefore be reminded that greater attention should be paid to these standards in the revision and formulation of national laws and regulations”. Against this background, the Committee invites the Government to give due attention to the obligations it has undertaken through the ratification of the present Convention.

Article 8(1) and (2). Preventive and protective measures. The Committee notes the detailed information regarding the criteria for determining the hazards of exposure to air pollution, noise and vibration, as well as the exposure limits on the basis of these criteria. It also notes the information that this legislation has been discussed and approved by the Work Safety Committee, and that the development of noise level criteria was assisted by the Optics and Acoustics Society (OPAKFI). The Committee would be grateful if the Government would provide further information on how the views of technically competent persons designated by the most representative organizations of employers and workers are taken into account in the areas of air pollution and vibration.

Article 9. Technical and organizational measures. The Committee notes the statement by the Government that the requested information is outside the competence of the health sector. The Committee would, however, be grateful if the Government would provide the requested information on particulars of technical or organizational measures prescribed for new plants or processes in design or installation in respect of air pollution or vibration.

Article 11(3). Provision of alternative employment. With reference to Decree No. 22/2005 of the Minister of Health on the minimum health and security standards applicable to workers exposed to vibration, the Committee notes that in case of damage to health due to vibration, the worker must be transferred to an activity where there is no further exposure to vibration. The Committee notes, however, that the report is silent on the question of the transfer of workers exposed to air pollution or noise and also on the question of measures taken to ensure that workers transferred are able to maintain their income. The Committee requests the Government to provide further information on how the obligation to provide suitable alternative employment is ensured also for workers required to discontinue work involving exposure to air pollution or noise and, for all three contingencies, how it is ensured that workers required to discontinue work are able to maintain their income.

Article 12. Notification to the competent authority of exposure of workers to occupational hazards. The Committee notes that in its previous reports the Government has referred to several decrees adopted in 1997 and 1999 as being relevant in the context of the application of the present Article. The Committee notes, however, that in its most recent report the Government refers only to the more recent Decree No. 26/2000 (IX.30). The Committee also notes that the Government indicates that the reporting obligations regulated in Decree No. 26/2000 (IX.30) does not provide for a reporting obligation for work involving exposure to noise and vibration. The Committee would be grateful if the Government would clarify whether Decree No. 26/2000 (IX.30) replaces or complements legislation referred to in previous reports, and how full conformity with this provision of the Convention is ensured in law and in practice.

Article 12. Authorizations by the competent authority. Subject to a clarification whether Decree No. 4/1997 of the Ministry of Welfare is still in force, the Committee notes that while this Decree specifies harmful substances and describes the notification process of the use of these substances, there is no mention of a right of a competent authority to authorize or prohibit the use of these substances. The Committee also notes that the report is silent as regards the competent authority’s entitlement to authorize or prohibit the use of certain processes, machinery and equipment as provided in Article 12. The Committee requests the Government to indicate how full effect is given to this Article in law and in practice.

Part IV of the report form. Statistical information. The Committee notes the detailed statistical information provided by the Government concerning preventive inspections carried out. The Committee requests the Government to continue to provide such information and complement it with relevant data on related occupational accidents and diseases.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information contained in the Government’s report. It notes with interest the National Safety Programme adopted in 2001, the new methodology guidelines issued by the National Institute for Work Hygiene and Occupational Health, and the efforts by the Government to raise the level of work safety training in schools as well as in higher education, which give further effect to Articles 4, 10 and 14, respectively, of the Convention. The Committee notes, however, that it has not been fully able to appreciate the effect given to the Convention in Hungary in all respects – including, for example, Article 16, paragraph 2, and Article 19(f) – due to the unavailability of relevant legislation. With reference to its previous comments, the Committee reiterates its request to the Government to transmit copies of relevant legislation. Furthermore, and taking into account the efforts by the Office to limit the costs for translations, the Committee would appreciate it if the Government, in each case, could indicate as the relevant legislative provisions which give effect to the Convention, including for example as regards Article 5(a) of the Convention. In particular, the Committee requests the Government to transmit copies of the following legislation, as well as any more recent texts which may have been adopted which revise or complement these texts:

–      Ministry of Welfare Decree No. 25/1996 (VIII.26) NM on the general health requirements of work performance and working conditions implying no danger to health;

–      Ministry of Welfare Decree No. 26/1996 (VIII.26) NM order on the limitation of daily and weekly exposure of employees employed under different risk factors implying health risk, as amended by Ministry of Welfare Decree No. 57/1997 (XII.21) NM;

–      Ministry of Welfare Decree No. 27/1996 (VIII.28) NM on the reporting and investigation of occupational diseases and cases of increased or high exposure;

–      Ministry of Welfare Decree No. 4/1997 (II.21) NM as amended by Government Decree No. 143/1997 (IX.3) Korm, and Ministry of Welfare Decree No. 31/1997 (X.17) NM regulating the processes in connection with dangerous substances and dangerous products including licensing procedure involved;

–      Ministry of Labour Decree No. 2/1998 (I.16) MüM the safety and health protection signs applied at workplaces;

–      Ministry of Health Decree No. 25/1998 (XII.27) Eüm predominantly about the minimum health and safety requirements of manual load handling involving risk of back injuries;

–      Ministry of Industry, Trade and Tourism Decree No. 44/1997 (VIII.14) IKIM on the publication of the mine safety regulations on rules of reporting and inquiry into serious functional disturbances in mines and serious mining accidents; and

–      Ministry of Welfare Decree No. 59/1997 (XII.21) NM.

Article 11(a), (b), (e) and (f) of the Convention. Obligation of the competent authority to ensure the application of the national policy. The Committee notes that the Government did not reply to its previous request in which it noted that several provisions of Act No. 93 of 1993 contain references to ordinances which should define detailed rules concerning certain functions provided for in this Article. The Committee reiterates its request to the Government to provide information, based on Act No. 93 of 1993 or newer legislation if such has been adopted, on measures taken or contemplated in order to carry out the functions of: (a) the determination of conditions governing the design, construction and layout of undertakings, the major alterations affecting them and changes in their purposes; (b) the determination of work processes and of substances and agents, the exposure to which is to be prohibited, limited or made subject to authorization or control by the competent authorities; (c) the production of annual statistics on occupational accidents and diseases; (d) the publication of information on measures taken in pursuance of the occupational safety and health policy and on occupational accidents, occupational diseases and other injuries to health which arise in the course of or in connection with work; and (e) the introduction or extension of systems to examine chemical, physical and biological agents in respect of the risk to the worker’s health.

Article 12. Measures to be taken by a designer, manufacturer, importer, or person who provides or transfers machinery, equipment or substances for occupational use. The Committee notes the Government’s statement that Hungary’s accession to the European Union has positively affected the national legislation for ensuring the compliance of machinery and equipment with safety and market standards. The Government also indicates that the market inspection authority and the regional organizations of the National Work Safety and Labour Inspectorate have performed ongoing checks to verify compliance. The Committee requests the Government to provide further details on the measures taken or contemplated to ensure that a designer, manufacturer, importer, or person who provides or transfers machinery, equipment or substances for occupational use, carries out the functions mentioned in the provisions of this Article.

Part V of the report form. Statistics. The Committee notes the brief statistical information concerning occupational accidents for the years 2003 and 2004, which seems to indicate a downward trend in the number of accidents reported. The Committee requests the Government to provide more ample statistical data, including accident statistics for 2005 and 2006 and, if possible, reports from the labour inspectorate.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 9(1) of the Convention. Multidisciplinary character of occupational health services. The Committee notes the Government’s intentions to develop further the occupational health-care services in the country by offering multidisciplinary services and to require that occupational health-care centres employ not only an occupational hygiene specialist but also a specialist from another discipline such as a psychologist, ergonomics expert or a toxicologist. The Government is requested to provide in its next report information on progress made in this regard.

Article 12. No loss of earnings for workers in the process of the surveillance of their health. The Committee notes that it is unclear from the Government’s report whether effect is given to this Article. The Committee requests the Government to indicate the relevant provisions ensuring that effect is given to the requirement that the surveillance of the workers’ health shall be free of charge and shall take place during working hours.

Part IV of the report form. Practical application of the Convention. The Committee notes with interest the detailed statistical information covering the years from 1999–2004 included in the Government’s report on the application of each of the relevant provisions of the Convention, and that such information permits a good background for assessing the manner in which the Convention is applied in practice. The Government is requested to continue to provide such information in its next reports, to enable the Committee to monitor the developments over time.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information contained in the Government’s report, including information regarding relevant legislation. The Committee notes, in particular, that this list of legal and regulatory instruments includes several texts, adopted in 2000-04, which seem to directly relate to the application of the Convention, but which are unavailable to the Committee. These include, in particular, the following: Joint Decree No. 4/2002.(11.20.) of the Minister of Social and Family Affairs and the Minister of Health on the minimum safety requirements for construction sites and construction processes; Joint Decree No. 3/2002 of the Minister of Social and Family Affairs and the Minister of Health on minimum safety requirements at work; Decree No. 14/2004.(IV.19.) of the Minister of Employment and Labour on minimum safety and health requirements for work equipment and the use thereof. The Committee further notes that the Government also refers to Hungarian technical standards that contain provisions, which seem to give effect to the Convention but which are also unavailable to the Committee. These include: Hungarian Standard series No. MSZ 2364 – installation of electrical equipment of buildings; No. MSZ EN 81-3:2002 – safety requirements for the structure and installation of lifts; No. MSZ 13010-13017 – construction scaffolding; No. MSZ HD 1000:2002 – prefabricated scaffolding, materials, sizes, load-bearing capacities, and safety requirements; and No. MSZ HD 1004:2000 – prefabricated drilling scaffolding materials, sizes, load-bearing capacities, and safety requirements. In order to enable the Committee to make an appropriate assessment of the relevance of this legislation for the effect given to the Convention in the country, the Committee requests the Government to communicate with its next report copies of the referenced texts and any other relevant legislative and other texts, if possible in one of the working languages of the Office.

In the meantime, and on the basis of available information, the Committee requests the Government to provide additional information on the effect given to the following provisions of the Convention:

–      Article 16. Measures taken to ensure healthy and safe use of transport, earth-moving and materials-handling equipment;

–      Article 19. Measures taken to ensure healthy and safe work;

–      Article 21. Measures legally prescribed to ensure safe work in compressed air; and

–      Article 23. Measures to ensure healthy and safe work over water.

Part VI of the report form. Practical implementation of the Convention. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in your country including, for instance, extracts from the reports of inspection services, information on the number of workers covered by the legislation, disaggregated by gender, if possible, the number and nature of contraventions reported, and the number of accidents.

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

1. The Committee notes the information contained in the Government’s report. With reference to its previous comments, the Committee notes that the Government has not yet transmitted to it copies of the following legislation: Ministerial Decree No. 25/1998 (XII.27.) EUM; Act No. XI of 1991 on the public health care and medical officers’ service; Order No. 7/1991 (IV.26.) NM; and Order No. 59/1997 (XII.21.). The Committee reiterates its request to the Government to submit a copy of these and any other relevant legislation to enable it to make a full evaluation of the application of the Convention in the country.

2. Article 6 of the Convention. Use of suitable technical devices in order to limit or to facilitate the manual transport of loads. The Committee notes the Government’s references to a series of sections in the Act on Work Safety, namely: section 2(2), section 41(1), section 54(1)(d), and that, in accordance with the latter, the employer is required to take into account the specific characteristics of a load which may require application of appropriate technical equipment during its handling. The Committee also notes the Government’s indication that this requirement is further strengthened by the provision which requires employers “to take into consideration human factors when selecting work equipment and processes” when they fulfil their requirement “to ensure healthy and safe conduct of work”. With reference to section 54(2), of the Labour Safety Act, the Committee notes that employers are generally required to undertake a qualitative and quantitative evaluation of the risks jeopardizing the health and safety of employees and that, based on the results of such an evaluation, they must take measures to improve the working conditions. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that technical devices are used as much as possible in order to limit or facilitate the manual transport of loads, in application of this Article of the Convention.

3. Part V of the report form. The Committee also requests the Government to provide a general appreciation of the application of the Convention in practice, including extracts from inspection reports and any other relevant statistical information.

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

1. The Committee notes the information contained in the Government’s report and the statistical information.

2. Relevant legislative texts. With reference to its previous comments, the Committee notes that although the Government’s most recent report provides some additional information in reply to the several issues previously raised in relation to Articles 2, 3 and 5, the Government has not submitted copies of the legislative texts referred to in its reports. In order to enable the Committee fully to appreciate the application of this Convention, the Committee therefore reiterates its request to the Government to submit copies of the following texts:

–      Act No. XLVII of 1997 on the management and protection of health and related personal data;

–      Joint Decree No. 25/1996 (VII.28) NM on the general health requirements of work performance and working conditions implying no danger to health;

–      Decree No. 187/1998 (XI.13) on the national statistical data collection programme;

–      the methodological guidelines for medical examinations which the Government announced in the context of Article 5 in its report of 1996, if these guidelines have been issued.

3. Article 2, paragraph 1, of the Convention. Replacing carcinogenic substances with less harmful substances. The Committee recalls its previous concerns that section 5, paragraph 10, of Decree No. 26/2000 (IX.30) included a reference to the carrying out of cost-benefit analysis which seemed to imply that the replacement of carcinogenic substances or agents by less harmful substances or agents would be determined by other factors than their carcinogenic, toxic and other properties. Having examined Decree No. 26/2000 (IX.30) the Committee notes that section 5, paragraph 10, allows the use of carcinogenic substances only if they cannot be replaced with non-carcinogenic or less-carcinogenic substances for “technical reasons”. The Committee requests the Government to provide additional information on how effect is given to this Article through section 5, paragraph 10, of Decree No. 26/2000, or otherwise.

4. Part IV of the report form. Statistical information. The Committee notes the statistical information provided by the Government, including the data concerning the level of cancerous diseases of occupational origin, and the number of workers exposed to carcinogens as well as the fact that in the national work schedule for chemical safety top priority had been attributed to the inspection of workplaces with potential health risks related to carcinogenic or mutagenic exposure. The Committee requests the Government to continue to provide statistical data on the trends related to occupational accidents and diseases as well as further information on the measures taken to address problems at workplaces with potential health risks related to carcinogenic or mutagenic exposure.

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

1. The Committee notes the information contained in the Government’s report, including on the adoption of new laws and regulations. The Committee regrets to note, however, that the Government has not complied with the Committee’s request to submit copies of relevant legislation providing for implementation of the provisions of Article 4 of the Convention. Although the Committee, in a few cases, has been able to find the relevant information in publicly available sources, the Committee is not in a position to fully appreciate the implementation of the provisions of the Convention in the country. The Committee therefore reiterates its request to the Government to submit copies of relevant legislative texts including Act LXXXIII of 1997 (Article 11), Decree No. 58/1997 (XII.21) of the Ministry of Welfare and Decree No. 233/1996 (XII.26), as well as up to date information on relevant technical standards and codes of practice providing for a practical implementation of the Convention (Article 4, paragraph 2). The Committee also notes that the report does not contain replies to all questions raised in its previous comments. It requests the Government to provide further information on the following points.

2. Article 1 of the Convention. Scope and definitions. The Committee notes the new legislation adopted by the Minister of Health, namely Decrees Nos. 25/2000 (IX.30) Eüm-SzCsM regarding air pollution, 18/2001 (IV.28) Eüm regarding noise and 3/2002 (II.8) SzCsM-Eüm regarding vibration. The Government has indicated that Decrees Nos. 25/2000 and 18/2001 do not cover all sectoral activities. The Committee would be grateful if the Government would provide further detailed information regarding the scope of application of the relevant legislation and how adequate protection is ensured for workers in the branches excluded from the relevant legislation.

3. Article 2, paragraph 2. Effect given to the Convention in law and in practice. The Committee notes that the Government refers to a series of directives from the European Community. Against this background, the Committee deems it relevant to refer to paragraph 68 of its general comments on the application of Conventions on occupational safety and health in its report in 1997, where the Committee stated that “there is a difference between international standards and regional standards in the approach adopted to occupational safety and health problems and the manner in which they are to be addressed. The incorporation of regional standards into national legislation is not always sufficient to meet the requirements of the international standards of the ILO. States should therefore be reminded that greater attention should be paid to these standards in the revision and formulation of national laws and regulations”. Against this background, the Committee invites the Government to give due attention to the obligations it has undertaken through the ratification of the present Convention.

4. Article 8, paragraphs 1 and 2. Preventive and protective measures. The Committee notes the detailed information regarding the criteria for determining the hazards of exposure to air pollution, noise and vibration, as well as the exposure limits on the basis of these criteria. It also notes the information that this legislation has been discussed and approved by the Work Safety Committee, and that the development of noise level criteria was assisted by the Optics and Acoustics Society (OPAKFI). The Committee would be grateful if the Government would provide further information on how the views of technically competent persons designated by the most representative organizations of employers and workers are taken into account in the areas of air pollution and vibration.

5. Article 9. Technical and organizational measures. The Committee notes the statement by the Government that the requested information is outside the competence of the health sector. The Committee would, however, be grateful if the Government would provide the requested information on particulars of technical or organizational measures prescribed for new plants or processes in design or installation in respect of air pollution or vibration.

6. Article 11, paragraph 3. Provision of alternative employment. With reference to Decree No. 22/2005 of the Minister of Health on the minimum health and security standards applicable to workers exposed to vibration, the Committee notes that in case of damage to health due to vibration, the worker must be transferred to an activity where there is no further exposure to vibration. The Committee notes, however, that the report is silent on the question of the transfer of workers exposed to air pollution or noise and also on the question of measures taken to ensure that workers transferred are able to maintain their income. The Committee requests the Government to provide further information on how the obligation to provide suitable alternative employment is ensured also for workers required to discontinue work involving exposure to air pollution or noise and, for all three contingencies, how it is ensured that workers required to discontinue work are able to maintain their income.

7. Article 12. Notification to the competent authority of exposure of workers to occupational hazards. The Committee notes that in its previous reports the Government has referred to several decrees adopted in 1997 and 1999 as being relevant in the context of the application of the present Article. The Committee notes, however, that in its most recent report the Government refers only to the more recent Decree No. 26/2000 (IX.30). The Committee also notes that the Government indicates that the reporting obligations regulated in Decree No. 26/2000 (IX.30) does not provide for a reporting obligation for work involving exposure to noise and vibration. The Committee would be grateful if the Government would clarify whether Decree No. 26/2000 (IX.30) replaces or complements legislation referred to in previous reports, and how full conformity with this provision of the Convention is ensured in law and in practice.

8. Article 12. Authorizations by the competent authority. Subject to a clarification whether Decree No. 4/1997 of the Ministry of Welfare is still in force, the Committee notes that while this Decree specifies harmful substances and describes the notification process of the use of these substances, there is no mention of a right of a competent authority to authorize or prohibit the use of these substances. The Committee also notes that the report is silent as regards the competent authority’s entitlement to authorize or prohibit the use of certain processes, machinery and equipment as provided in Article 12. The Committee requests the Government to indicate how full effect is given to this Article in law and in practice.

9. Part IV of the report form. Statistical information. The Committee notes the detailed statistical information provided by the Government concerning preventive inspections carried out. The Committee requests the Government to continue to provide such information and complement it with relevant data on related occupational accidents and diseases.

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

1. The Committee notes the information contained in the Government’s report. It notes with interest the National Safety Programme adopted in 2001, the new methodology guidelines issued by the National Institute for Work Hygiene and Occupational Health, and the efforts by the Government to raise the level of work safety training in schools as well as in higher education, which give further effect to Articles 4, 10 and 14, respectively, of the Convention. The Committee notes, however, that it has not been fully able to appreciate the effect given to the Convention in Hungary in all respects – including, for example, Article 16, paragraph 2, and Article 19(f) – due to the unavailability of relevant legislation. With reference to its previous comments, the Committee reiterates its request to the Government to transmit copies of relevant legislation. Furthermore, and taking into account the efforts by the Office to limit the costs for translations, the Committee would appreciate it if the Government, in each case, could indicate as the relevant legislative provisions which give effect to the Convention, including for example as regards Article 5(a) of the Convention. In particular, the Committee requests the Government to transmit copies of the following legislation, as well as any more recent texts which may have been adopted which revise or complement these texts:

–           Ministry of Welfare Decree No. 25/1996 (VIII.26) NM on the general health requirements of work performance and working conditions implying no danger to health;

–           Ministry of Welfare Decree No. 26/1996 (VIII.26) NM order on the limitation of daily and weekly exposure of employees employed under different risk factors implying health risk, as amended by Ministry of Welfare Decree No. 57/1997 (XII.21) NM;

–         Ministry of Welfare Decree No. 27/1996 (VIII.28) NM on the reporting and investigation of occupational diseases and cases of increased or high exposure;

–         Ministry of Welfare Decree No. 4/1997 (II.21) NM as amended by Government Decree No. 143/1997 (IX.3) Korm, and Ministry of Welfare Decree No. 31/1997 (X.17) NM regulating the processes in connection with dangerous substances and dangerous products including licensing procedure involved;

–         Ministry of Labour Decree No. 2/1998 (I.16) MüM the safety and health protection signs applied at workplaces;

–         Ministry of Health Decree No. 25/1998 (XII.27) Eüm predominantly about the minimum health and safety requirements of manual load handling involving risk of back injuries;

–         Ministry of Industry, Trade and Tourism Decree No. 44/1997 (VIII.14) IKIM on the publication of the mine safety regulations on rules of reporting and inquiry into serious functional disturbances in mines and serious mining accidents; and

–         Ministry of Welfare Decree No. 59/1997 (XII.21) NM.

2. Article 11(a), (b), (e) and (f) of the Convention. Obligation of the competent authority to ensure the application of the national policy. The Committee notes that the Government did not reply to its previous request in which it noted that several provisions of Act No. 93 of 1993 contain references to ordinances which should define detailed rules concerning certain functions provided for in this Article. The Committee reiterates its request to the Government to provide information, based on Act No. 93 of 1993 or newer legislation if such has been adopted, on measures taken or contemplated in order to carry out the functions of: (a) the determination of conditions governing the design, construction and layout of undertakings, the major alterations affecting them and changes in their purposes; (b) the determination of work processes and of substances and agents, the exposure to which is to be prohibited, limited or made subject to authorization or control by the competent authorities; (c) the production of annual statistics on occupational accidents and diseases; (d) the publication of information on measures taken in pursuance of the occupational safety and health policy and on occupational accidents, occupational diseases and other injuries to health which arise in the course of or in connection with work; and (e) the introduction or extension of systems to examine chemical, physical and biological agents in respect of the risk to the worker’s health.

3. Article 12. Measures to be taken by a designer, manufacturer, importer, or person who provides or transfers machinery, equipment or substances for occupational use. The Committee notes the Government’s statement that Hungary’s accession to the European Union has positively affected the national legislation for ensuring the compliance of machinery and equipment with safety and market standards. The Government also indicates that the market inspection authority and the regional organizations of the National Work Safety and Labour Inspectorate have performed ongoing checks to verify compliance. The Committee requests the Government to provide further details on the measures taken or contemplated to ensure that a designer, manufacturer, importer, or person who provides or transfers machinery, equipment or substances for occupational use, carries out the functions mentioned in the provisions of this Article.

4. Part V of the report form. Statistics. The Committee notes the brief statistical information concerning occupational accidents for the years 2003 and 2004, which seems to indicate a downward trend in the number of accidents reported. The Committee requests the Government to provide more ample statistical data, including accident statistics for 2005 and 2006 and, if possible, reports from the labour inspectorate.

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

1. The Committee notes the detailed information contained in the Government’s report.

2. Article 9, paragraph 1, of the Convention. Multidisciplinary character of occupational health services. The Committee notes the Government’s intentions to develop further the occupational health-care services in the country by offering multidisciplinary services and to require that occupational health-care centres employ not only an occupational hygiene specialist but also a specialist from another discipline such as a psychologist, ergonomics expert or a toxicologist. The Government is requested to provide in its next report information on progress made in this regard.

3. Article 12. No loss of earnings for workers in the process of the surveillance of their health. The Committee notes that it is unclear from the Government’s report whether effect is given to this Article. The Committee requests the Government to indicate the relevant provisions ensuring that effect is given to the requirement that the surveillance of the workers’ health shall be free of charge and shall take place during working hours.

4. Point IV of the report form. Practical application of the Convention. The Committee notes with interest the detailed statistical information covering the years from 1999-2004 included in the Government’s report on the application of each of the relevant provisions of the Convention, and that such information permits a good background for assessing the manner in which the Convention is applied in practice. The Government is requested to continue to provide such information in its next reports, to enable the Committee to monitor the developments over time.

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

1. The Committee notes the information contained in the Government’s report, including information regarding relevant legislation. The Committee notes, in particular, that this list of legal and regulatory instruments includes several texts, adopted in 2000-04, which seem to directly relate to the application of the Convention, but which are unavailable to the Committee. These include, in particular, the following: Joint Decree No. 4/2002.(11.20.) of the Minister of Social and Family Affairs and the Minister of Health on the minimum safety requirements for construction sites and construction processes; Joint Decree No. 3/2002 of the Minister of Social and Family Affairs and the Minister of Health on minimum safety requirements at work; Decree No. 14/2004.(IV.19.) of the Minister of Employment and Labour on minimum safety and health requirements for work equipment and the use thereof. The Committee further notes that the Government also refers to Hungarian technical standards that contain provisions, which seem to give effect to the Convention but which are also unavailable to the Committee. These include: Hungarian Standard series No. MSZ 2364 – installation of electrical equipment of buildings; No. MSZ EN 81-3:2002 – safety requirements for the structure and installation of lifts; No. MSZ 13010-13017 – construction scaffolding; No. MSZ HD 1000:2002 – prefabricated scaffolding, materials, sizes, load-bearing capacities, and safety requirements; and No. MSZ HD 1004:2000 – prefabricated drilling scaffolding materials, sizes, load-bearing capacities, and safety requirements. In order to enable the Committee to make an appropriate assessment of the relevance of this legislation for the effect given to the Convention in the country, the Committee requests the Government to communicate with its next report copies of the referenced texts and any other relevant legislative and other texts, if possible in one of the working languages of the Office.

2. In the meantime, and on the basis of available information, the Committee requests the Government to provide additional information on the effect given to the following provisions of the Convention:

–         Article 16. Measures taken to ensure healthy and safe use of transport, earth-moving and materials-handling equipment;

–         Article 19. Measures taken to ensure healthy and safe work;

–         Article 21. Measures legally prescribed to ensure safe work in compressed air; and

–         Article 23. Measures to ensure healthy and safe work over water.

3. Part IV of the report form. Practical implementation of the Convention. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in your country including, for instance, extracts from the reports of inspection services, information on the number of workers covered by the legislation, disaggregated by gender, if possible, the number and nature of contraventions reported, and the number of accidents.

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

The Committee takes note of the information contained in the Government’s reports. It notes with interest the adoption of several regulations designed to apply the provisions of the Convention, namely Government Decree 233/1996 (XII.26.) on the Rules of the Procedure relating to Hazardous Substances and Hazardous Preparations, and its implementing Decree 4/1997 (II.21.) issued by the Minister of Social Welfare, both of which are based on the respective European Directives. The Government indicates that they deal with various issues denoting general rules as to the registration, classification, labelling, packaging, transport, health protection and occupational safety as well as regulations concerning the registration of hazardous substances and preparations and the exchange on related information as well as the utilisation of the less hazardous materials suitable for the activity concerned in view of the risk assessment. The Committee also notes Decree 25/1996 (VIII. 28.) NM on the General Health Requirements of Work Performance and Working Conditions Implying No Danger to Health, issued by the Minister of Welfare to implement the provisions of the Act XCIII on Labour Protection, 1993, which, according to the Government, refers to threshold limit values and substitution of carcinogenic substances by less harmful substances. The Committee, with a view to examine the above texts in the light of the provisions of the Convention, would request the Government to supply a copy of them. The Committee further notes with interest the adoption of Order 26/2000 (IX.30.) EüM on the Protection against Carcinogenic Substances and the Prevention of Occupational Health Damage caused by them which became effective on 1 January 2001. The Government indicates that, while seeking to minimise workers’ exposure to carcinogenic substances and to promote the protection of workers against occupational health damage and malignant tumours as provided for in section 88, subsection 2 of the Act XCIII on Labour Protection, 1993, it reflects the provisions of the Convention as well as those of the respective Directives of the European Union. As to the content, the Committee notes the Government’s indication that, inter alia, the Order deals with risks management, risks minimisation, substitution of carcinogenic substances; prevention and exposure minimisation; provision of information and training to staff; registering employees working under exposure to a carcinogenic substance; health examination; generating and preserving documentation as well as a list of carcinogens characterized by sentences R45 and R49. In view of this information, it would appear to the Committee that Order 26/2000 (IX.30.)EüM would meet the requirements set forth in Articles 1, 2, 3, 4 and 5 of the Convention. The Committee therefore would be grateful if the Government would supply a copy of the above Order in order to enable it to determine the extent to which the provisions of this Order in fact would apply the above articles of the Convention.

Beyond these comments and with regard to the Government’s comprehensive explanations contained in its reports, the Committee draws the Government’s attention distinctively to the following points.

1. Article 2 of the Convention. The Committee notes from the Government’s report that, pursuant to Government Decree 233/1996 (XII.26.) on the Rules of the Procedure Relating to Hazardous Substances and Hazardous Preparations, prior to the start of the production, manufacture, processing or utilisation, including the import from abroad of hazardous substances or preparations, the less hazardous material suitable for the activity concerned must be chosen on the grounds of a risk assessment and a cost/benefit analysis to be carried out. The Committee understands that a cost/benefit analysis in this context would imply deliberations on the economic tolerability in the determination whether carcinogenic substances or agents are to be replaced by less harmful substances or agents, a restriction, which is not foreseen by Article 2, paragraph 1 of the Convention. The Committee therefore requests the Government to supply a copy of Government Decree 233/1996 (XII.26.) to reveal the extent to which this article of the Convention is applied.

2. Article 3. With regard to the data on the results of the medical examination to be carried out under the provisions of Decree 33/1998 (VI. 24.) on Medical Examination of/Report on Occupational, Professional and Personal Hygienic Aptitude, the Committee notes with interest the Government’s indication that these data have to be compiled in a documentation, which is maintained by the occupational health service, and conserved pursuant to Act XLVII on the Management and Protection of Health and Related Personal Data, 1997, for at least thirty years. In case of the cessation of the employer’s activities, these data must be transferred to the competent institute of the National Health Officer’s Service (ANTSZ). The Government further indicates that the registration obligations of the both the employer and the ANTSZ are specified in Decree 26/2000. The Committee would be grateful if the Government would transmit a copy of the legal texts referred to above to enable the Committee to examine in detail the application of Article 3 of the Convention by the national legislation.

3. Article 5. The Committee notes from the Government’s indications provided in its last report under Convention No. 161 that specific occupational medical aptitude examinations are addressed in the Minister of Welfare Decree 33/1998 (VI.24.) NM on the Medical Examination of/Report on Occupational, Professional and Personal Hygienic Aptitude providing for mandatory preliminary and periodic annual medical examinations of workers exposed to carcinogenic substances as well as for a "final examination" of workers after they have ceased the activity or the employment relationship where they have been exposed to carcinogens. The Government further indicates that these post-assignment medical examinations are to be carried out for ten years in the case of worker’s exposure to human carcinogenic substances, and for four years after exposure to benzene or ionising radiations. Taking note of this information, the Committee requests the Government to explain the reasons for providing workers, who were exposed to human carcinogens, more than twice as long with medical examinations after they ceased their activity in comparison to workers who were exposed to benzene or ionising radiations. Moreover, the Committee will provide further comments after it had examined the above Decree. The Committee also requests the Government to indicate whether the methodological guidelines for medical examinations, which the Government had announced in its report of 1996, have been issued in the meantime. If that is the case, it would requests the Government to provide a copy of them.

4. Part IV of the report form. The Committee notes with interest the Government’s indication that the collection of data on professional health damage caused by carcinogenic substances is mandatory by virtue of the Government Decree on the National Statistical Data Collection Programme in the form of annual reports on occupational diseases, which, according to the Committee’s understanding, is most recently prescribed under number 1572 of Government Decree 187/1998 (XI.13.). It notes that, in 1998, three cases of tumour of occupational origin were reported caused by exposure to asbestos and metal fumes of different kinds. The Committee, taking due note of this information, invites the Government to continue to provide information on the practical application of the Convention in the country. It also requests the Government to transmit a copy of the above legal texts.

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

With reference to its observation, the Committee would draw the Government’s attention to the following points.

Article 1 of the Convention. The Committee notes the provision of section 2 of Order No. 25/1998 (XII.27.) EUM, issued by the Ministry of Health, providing for the legal definition of the term "manual transport of loads" which complies with the definition found in Article 1(a) of the Convention. It further notes the Government’s indication that, although the term "regular manual transport of loads" is not defined legally, it derives from the context in which the provisions of Decree No. 25/1998 stand and, in particular from its section 3, that the regular transport of loads is envisaged by these regulations. The Committee therefore invites the Government to consider, for clarification purposes, the incorporation of the definition "regular transport of loads" into the above Decree. With regard to the term "young worker", the Government indicates that the definition of this term has not yet formed part of the considerations of the occupational safety and health authorities. The Committee accordingly requests the Government to take the necessary measures to provide a definition of the term "young worker" for the purpose of this Convention.

Article 6. The Committee notes that section 54, subsection 2, of the Labour Safety Act, 1993, as a general rule, requires the employer to undertake a qualitative and quantitative evaluation of the risks jeopardizing the health and safety of employees. Based on the results of such an evaluation, the employer must take measures to improve working conditions. In this regard, section 3, subsection 2, of Decree No. 25/1998 prescribes that, if the manual handling of weights by employees is inevitable, the employer must provide, to the extent possible, a place of work where the conditions of such manual handling are the safest and imply no risk to the health of employees. The Committee notes that supplement 1 to the Minister of Health Decree 25/1998 provides for indications as to the characteristics of the place of work, which may increase the risk of back injury. The characteristics enumerated there relate to the lack of space to move the weight, especially vertically, the flooring or the level of the place where the work is performed varies so that the weight must be moved on different levels, the flooring is unstable or the legs have no firm grip, and the temperature, humidity or airing is inappropriate. The Committee states that the provision of a "place of work" where the conditions of manual handling are the safest and imply no risk to the health of employees, although important, does not imply the provision of suitable technical devices in order to limit or facilitate the manual transport of loads, as called for by Article 6 of the Convention. The Committee accordingly requests the Government to indicate the measures taken or contemplated to ensure that technical devices are used as much as possible in order to limit or facilitate the manual transport of loads, in application of this Article of the Convention.

Article 8. The Committee requests the Government to transmit a copy of Ministerial Decree No. 25/1998 (XII.27.) EUM, which was referred to in the observation.

Part III of the report form. The Committee notes the Government’s indication that, pursuant to section 5 of Decree No. 25/1998, the supervision of the application of safety and health legislation is entrusted to the Public Health Care and Medical Officers’ Service (ANTSZ). The tasks, the organizational structure and the methods of operation of the ANTSZ are contained in Act No. XI of 1991 on the Public Health Care and Medical Officers’ Service, as well as in Order No. 7/1991 (IV.26.) NM, as amended by Order No. 59/1997 (XII.21.). The Committee requests the Government to transmit copies of Act No. XI of 1991 on the Public Health Care and Medical Officers’ Service, Order No. 7/1991 (IV.26.) NM and Order No. 59/1997 (XII.21.) in order to enable the Committee to examine the organizational structure of inspection services and the way in which such inspections are carried out.

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

The Committee notes with interest the information contained in the Government’s reply to its previous comments. It notes the adoption of Decree No. 25/1998 (XII.27.) EUM, issued by the Minister of Health concerning the minimum health and safety requirements of manual movement of weight as a source of hazard primarily of back injury, which came into force in February 1999. It requests the Government to supply a copy of Ministerial Decree No. 25/1998 (XII.27.) EUM to the ILO.

The Committee is addressing a request for additional information directly to the Government.

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

The Committee notes with regret that the Government’s report once again does not contain any new information in reply to its previous comments. The Committee is therefore bound to take up once again the matters which it raised previously. It hopes that the Government will not fail to take the necessary measures and to provide full particulars on the points raised in its previous comment, which reads as follows:

1.  Article 1 of the Convention.  The Committee notes that the Government’s indications in relation to the terms "manual transport of loads" and "regular manual transport of loads" do not define these terms clearly. It also notes the Government’s indication that there are three age classes to define the term "young worker". The Committee requests the Government to indicate how the terms "manual transport of loads" and "regular manual transport of loads" are defined in national law and practice by indicating the respective legal provisions. Furthermore, it requests the Government to explain in detail how and by what measures the term "young worker" is defined for the purpose of this Convention.

2.  Article 6.  The Committee notes the Government’s indication that section 54 of the Labour Protection Act, which also covers all areas of handling/moving materials, requires the employer to make a risk assessment. The Committee recalls that Article 6 of the Convention calls for suitable technical devices to be used as much as possible in order to limit or facilitate the manual transport of loads. It requests the Government to supply information on the measures taken to ensure that effect is given to this Article of the Convention.

3.  Article 8.  The Committee notes with interest that Council Directive No. 90/269 on the minimum health requirements for the manual handling of loads where there is a risk particularly of back injury to workers is currently in the process of being implemented at the national level, and that to this effect it is being discussed in the Labour Protection Committee of the Interest Reconciliation Council with a view to preparing its enactment as a ministerial decree. The Committee would be grateful if the Government would supply a copy of the ministerial decree as soon as it has been adopted.

4.  Part III of the report form.  The Committee notes the Government’s indication that, due to organizational changes at the beginning of 1997, inspections are carried out by the county and city occupational health and safety inspectorates. The Committee requests the Government to provide detailed information on the organizational structure of the inspection services, as well as their working methods for the supervision of the legislation which gives effect to the provisions of the Convention.

5.  The Committee requests the Government to supply a copy of the Labour Protection Act and of Decree No. 2/1972 (MK6) of the Minister of Transport and Postal Services.

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

The Committee notes the information contained in the Government's report and in particular the adoption of new standards and texts of laws and regulations.

The Committee also notes that the Government's report does not contain replies to its previous comments and the requested texts of Decrees and other standards have not been supplied. It requests the Government to supply these replies and texts as well as others indicated below.

Article 4, paragraph 1, of the Convention. The Government is requested to supply all the texts of laws and regulations containing measures for the prevention and control of, and protection against, occupational hazards in the working environment due to air pollution, noise and vibration, and in particular the following texts previously requested in 1997:

-- Decree No. 25/1996 of the Ministry of Welfare (also requested 1999 under Convention No. 155);

-- Decree No. 26/1996 of the Ministry of Welfare (also requested in 1999 under Convention No. 155);

-- Decree No. 27/1996 of the Ministry of Welfare (also requested in 1999 under Convention No. 155);

-- Decree No. 4/1981 of the Ministry of Health;

-- Decree No. 6/1982 of the Ministry of Health.

Article 4, paragraph 2. The Government is requested to supply copies of all texts containing provisions concerning the practical implementation of the measures prescribed in national laws and regulations provided for in paragraph 1 of this Article, and in particular the following texts:

-- MSZ 18162:83, MSZ-ISO 1999:94, MSZ-ISO 5349:91, MSZ 21461-1:88, MSZ 21461-2:92 (previously requested in 1997);

-- MSZ EN 28041:1998: Reaction of the human body to vibration (ISO 8041:1993), MSZ EN 12001:1998: Noise emission of machinery and equipment (ISO 12001:1996);

-- the joint methodological document of OFOGI and OmüI on damages to hearing (previously requested in 1997);

-- the methodological letter of OmüI (1977) with respect to exposure to vibration (previously requested in 1997).

Article 5, paragraph 2. Please describe the procedure followed for associating representatives of employers and workers in the elaboration of provisions concerning the practical implementation of the measures prescribed in pursuance of the Convention.

Article 8, paragraphs 1 and 2. The Committee notes the information provided in reply to its previous comments. Please indicate how the opinion of technically competent persons designated by the most representative organizations of employers and workers concerned was taken into account in the elaboration of the criteria and the determination of the exposure limits specified for all the hazards. The Government is requested to continue to supply information and relevant texts, and in particular the following texts:

-- Decree No. 58/1997 (XII.21) of the Ministry of Welfare;

-- the draft or the adopted text of the chemical safety Act, currently under preparation and referred to in the Government's latest report;

-- MSZ 21461/1:1998; MSZ 21461/2:1998;

-- MSZ EN 481.

Article 9. The Committee recalls that it had noted from the Government's previous report that in the course of planning of new facilities -- plant or processes -- a chapter on acoustics is to be prepared. The Government is requested to provide particulars of technical or organizational measures prescribed for new plant or processes in design or installation in respect of air pollution or vibration.

Article 11, paragraph 3. The Committee notes the information provided in reply to its previous comments. It notes the information that further measures and regulations are being formulated. Please continue to provide information on developments in this regard as well as supply the texts of measures and regulations adopted. Please provide the texts of Government Decree No. 89/1995, Decree No. 27/1995 (VII.14), Decree No. 44/1995 (XII.7), Act LXXXIII of 1997, Decree No. 217/1997 (XII.1) and its Appendix 1.

Article 12. Please supply the texts of Government Decree No. 233/1996 (XII.26) and Decree No. 4/1997 (II.21) of the Ministry of Welfare (both also requested in 1999 under Convention No. 155), as well as Government Decree No. 134/1997 (IX.3) and Decree No. 31/1997 (X.17) of the Ministry of Welfare.

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

The Committee notes the information contained in the Government's reports in reply to its previous comments.

1. Further to its previous comments, the Committee notes the information that the national policy (programme) on occupational safety and health which was expected to be accepted in the second half of 1997 was only ready by February 1998 owing to prolonged consultations. Having been prepared as a parliamentary resolution, the policy could not be enacted as legislation because of the preparations for the general elections which took place in the spring of 1998 and because of other problems related to coordination. It is expected that the policy will be accepted in 1999. The Committee hopes that the policy/programme on occupational safety and health will be adopted shortly and a copy will be sent to the Office.

2. The Committee notes from the Government's report that several regulations implementing and supplementing the provisions of Act No. 93 concerning occupational safety and health have been adopted. With a view to examining this and the questions raised by the Committee in its previous comments, the Committee requests the Government to provide copies of the following texts:

Minister of Welfare Decree No. 25/1996. (VIII.26) NM on the general health requirements of work performance and working conditions implying no danger to health (text also requested under Convention No. 148, direct request 1997);

Minister of Welfare Decree No. 26/1996 (VIII.26) NM order on the limitation of daily and weekly exposure of employees employed under different risk factors implying health risk (text also requested under Convention No. 148, direct request 1997), as amended by Minister of Welfare Decree No. 57/1997 (XII.21) NM;

Minister of Welfare Decree No. 27/1996 (VIII.28) NM on the reporting and investigation of occupational diseases and cases of increased or high exposure (text also requested under Convention No. 148, direct request 1997);

Government Decree No. 233/1996 (XII.26) on rules of procedure concerning hazardous substances and hazardous preparations and its modifying Government Decree No. 70/1998 Korm, and Minister of Welfare Decree No. 4/1997 (II.21) NM on its execution as amended by Government Decree No. 143/1997 (IX.3) Korm, and Minister of Welfare Decree No. 31/1997 (X.17) NM regulating the processes in connection with dangerous substances and dangerous products including licensing procedure involved;

Minister of Labour Decree No. 2/1998 (I.16) MüM the safety and health protection signs applied at workplaces;

Minister of Health Decree No. 25/1998 (XII.27) Eüm predominantly about the minimum health and safety requirements of manual load handling involving risk of back injuries.

Ministry of Industry, Trade, and Tourism Decree No. 44/1997 (VIII.14) IKIM on the publication of the mine safety regulations on rules of reporting and inquiry into serious functional disturbances in mines and serious mining accidents;

Minister of Welfare Decree No. 59/1997 (XII.21) NM.

The Committee requests the Government to also indicate in detail which provisions of these Decrees and regulations provide for its previous comments which were formulated as follows:

Article 5(a) and (b) of the Convention. The Committee notes that several provisions of Act No. 93 of 1993 deal with the design, choice, installation, use and maintenance of the material elements of work such as workplaces, tools, machinery, equipment and work processes. The Government is requested to provide information on provisions dealing with chemical, physical and biological substances and agents.

Article 11(a), (b), (e) and (f). The Committee notes that several provisions of Act No. 93 of 1993 contain references to ordinances which should define detailed rules concerning certain functions provided for in this Article. The Government is requested to provide information related to measures taken or contemplated in order to carry out the functions of: (a) the determination of conditions governing the design, construction and layout of undertakings, the major alterations affecting them and changes in their purposes; (b) the determination of work processes and of substances and agents the exposure to which is to be prohibited, limited or made subject to authorization or control by the competent authorities; (c) the production of annual statistics on occupational accidents and diseases; (d) the publication of information on measures taken in pursuance of the occupational safety and health policy and on occupational accidents, occupational diseases and other injuries to health which arise in the course of or in connection with work; (e) the introduction or extension of systems to examine chemical, physical and biological agents in respect of the risk to the workers' health.

Article 12. Please indicate the measures taken or contemplated with a view to ensuring that a designer, manufacturer, importer, or person who provides or transfers machinery, equipment or substances for occupational use, carries out the functions mentioned in the provisions of this Article.

Article 16, paragraph 2. Please indicate provisions of national laws whereby employers are required to ensure that, so far as is reasonably practicable, the chemical, physical and biological substances and agents under their control are without risk to health.

Article 19(f). Please indicate the legislative or practical measures taken to give effect to this provision.

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

Further to its observation, the Committee notes the information supplied by the Government in reply to its previous comments and the adoption of several texts of laws and regulations in application of the provisions of the Convention. The Committee will examine in detail this information and the said texts, and with a view to this examination, it would be grateful if the Government would provide the texts of the following laws and regulations, some of which are also requested in 1999 under Conventions Nos. 148 and 155:

-- Act CLIV of 1997 on Health Care and its amending Act LXXI of 1999;

-- Decree No. 59/1997 (XII.21) of the Ministry of Welfare, amending Decree No. 7/1991 of the Ministry of Welfare;

-- Decree No. 89/1995 (VII.14) and its amending Decrees Nos. 44/1995 (XII.7) and 9/1999 (I.27) of the Ministry of Welfare;

-- Decree No. 30/1998 (XII.7) and Decree No. 1/1999 (I.27) of the Ministry of Health;

-- Decree No. 25/1996 (VIII.28), Decree No. 26/1996 (VIII.28) and its amending Decree No. 57/1997 (XII.21), Decree No. 27/1996 (VIII.28) and its amending Decree No. 58/1997 (XII.21), of the Ministry of Welfare;

-- Government Decree No. 233/1996 (XII.26) and Decree No. 4/1997 (II.21) of the Ministry of Welfare;

-- Decree No. 25/1998 (XII.27) of the Ministry of Health.

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

The Committee notes with interest the information contained in the Government's reply to its previous comments which were based on the observations made by the National Organization of Hungarian Trade Unions. It notes with interest the adoption of the law on occupational safety, the Labour Protection Act XCIII of 1993 and its amending Act CII of 1997, and several decrees of relevance to the application of the provisions of this Convention. The Committee is addressing a request for more information directly to the Government.

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

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

1. Article 1 of the Convention. The Committee notes that the indications made by the Government in relation to the terms "manual transport of loads" and "regular manual transport of loads" do not define these terms clearly. It also notes the indication of three age classes to define the term "young worker". The Committee requests the Government to indicate how the terms "manual transport of loads" and "regular transport of loads" is defined in national law and practice by indicating the respective legal basis. Moreover, it asks the Government to explain more in detail how and by what measures the term "young worker" is defined for the purpose of this Convention.

2. Article 6. The Committee notes that the Government's report indicates that section 54 of the Labour Protection Act, which also covers all areas of handling/moving materials, requires the employer to make a risk assessment. The Committee recalls that Article 6 of the Convention calls for suitable technical devices to be used as much as possible in order to limit or facilitate the manual transport of loads. It requests the Government to supply information on the measures taken to ensure that effect is given to this Article of the Convention.

3. Article 8. The Committee notes with interest that the Council Directive 90/269 on the minimum health requirements for the manual handling of loads where there is a risk particularly to back injury to workers is currently in process to be implemented at national level and that, to this effect, it is discussed at the Labour Protective Committee of the Interest Reconciliation Council in order to prepare its promulgation as a Ministerial Decree. The Committee would request the Government to supply a copy of the Ministerial Decree as soon as it is adopted.

4. Point III of the report form. The Committee notes the Government's indication that, due to organizational changes at the beginning of 1997, inspections are carried out by the county and city occupational health and safety inspectorates. The Committee requests the Government to provide more detailed information on the organizational structure of the inspectorates as well as their working methods regarding the supervision of the legislation designed to give effect to the provisions of the Convention.

5. The Committee requests the Government to supply copy of the Labour Protection Act and of Decree No. 2/1972 (MK 6) of the Minister of Transport and Postal Services.

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

The Committee notes the information provided in the Government's report. It also notes the comments by the National Federation of Autonomous Trade Unions on the application of the Convention.

Article 1, paragraphs 1 and 3, and Article 2 of the Convention. The Committee notes that draft decrees regulating the procedure related to hazardous substances and preparations (based on EEC Directives Nos. 67/548 and 88/379) to replace Decrees No. 26/1985 (V.11.) MT and 16/1988 (XX.22.) SZEM, as well as a decree on the prevention of hazards related to carcinogenic substances (based on EEC Directive No. 90/394) are under consideration. It notes that an up-to-date list of carcinogenic substances as well as measures aiming at the reduction of the number of exposed workers, the duration and degree of exposure, would be included in the new provisions. The Committee requests the Government to provide a copy of the new texts, when adopted.

Article 3. The Committee notes the comments by the National Federation of Autonomous Trade Unions that there exists no register on occupational cancer. Noting the Government's statement that the possibility of introducing such a register is envisaged in the framework of the adoption of the new provisions, the Committee hopes that the Government will ensure the establishment of an appropriate system of records, in conformity with this Article of the Convention. It requests the Government to provide information on measures taken or envisaged to this end.

Articles 5 and 6(a). Further to its previous comments, the Committee notes the Government's indication that the modifications to Decree No. 4/1981 (III.3.1.) EüM on "medical examination and report on occupational fitness" have come into force and that the new provisions provide for preliminary and periodical examinations as well as for a final compulsory examination for persons having worked with carcinogenic substances (after four years' exposure to benzene or ionizing radiation, after ten years for other substances). The Committee also notes that recommendations on the type of periodical and final examination will be included in the planned methodological guidelines. The Committee requests the Government to provide a copy of the decree and of the methodological guidelines. Referring also to Article 6(a) of the Convention, the Committee requests the Government to provide information on the consultations held with the most representative organizations of employers and workers concerned.

[The Government is asked to report in detail in 1999.]

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

The Committee takes note of the information provided in the Government's first report.

The Committee requests the Government to supply additional information on the following points.

Article 2 of the Convention. Please indicate the manner in which the representative organizations of employers and workers concerned were consulted before taking the decision to accept the obligations in respect of all the categories of hazards.

Article 4, paragraph 1. The Government is requested to supply all the texts of laws and regulations containing measures for the prevention and control of, and protection against, occupational hazards in the working environment due to air pollution, noise and vibration, and in particular the following texts:

-- Decree No. 25/1996 of the Ministry of Welfare on the general health requirements of employment and working conditions not endangering health;

-- Decree No. 26/1996 of the Ministry of Welfare specifying measures to limit daily exposure within work processes and activities involving a high degree of risk of health injury;

-- Decree No. 27/1996 of the Ministry of Welfare on the reporting and investigation of occupational diseases and cases of high exposure;

-- Decree No. 4/1981 of the Ministry of Health on the medical examination and assessment of aptitude for a position;

-- Decree No. 6/1982 of the Ministry of Health on the protection of good health of women and the juvenile.

Article 4, paragraph 2. The Government is requested to supply copies of all texts containing provisions concerning the practical implementation of the measures prescribed in national laws and regulations provided for in paragraph 1 of this Article, and in particular the following texts:

-- MSZ 18162:83, MSZ-ISO 1999:94, MSZ-ISO 5349:91, MSZ 21461-1:88, MSZ 21461-2:92;

-- the joint methodological document of OFOGI and OMUI on damages to hearing;

-- the methodological letter of OMUI (1977) with respect to exposure to vibration.

Article 5, paragraph 2. Please describe the procedure followed for associating representatives of employers and workers in the elaboration of provisions concerning the practical implementation of the measures prescribed in pursuance of the Convention.

Article 8, paragraphs 1 and 2. The Government is requested to give particulars of the criteria for determining the hazards of exposure to air pollution and the exposure limits specified on the basis of these criteria; please indicate how the opinion of technically competent persons designated by the most representative organizations of employers and workers concerned was taken into account in the elaboration of the criteria and the determination of the exposure limits specified for all the hazards.

Article 9. The Committee notes from the Government's report that in the course of planning of new facilities -- plant or processes -- a chapter on acoustics is to be prepared. The Government is requested to provide particulars of technical or organizational measures prescribed for new plant or processes in design or installation in respect of air pollution or vibration.

Article 11, paragraph 3. Please describe the measures taken to provide workers, whose continued assignment to work involving exposure to air pollution, noise or vibration is found to be medically inadvisable, with suitable alternative employment or to maintain their income.

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

The Committee takes note of the information provided in the Government's first report.

1. The Committee notes from the Government's report that in connection with the ratification of this instrument a complete revision of the national legislation on occupational safety and health had been envisaged. This process had begun from the adoption of Act No. 93 of 1993 after which the laws issued during the preceding period should be reviewed. The process in question has not finished yet. At the same time, a draft National Occupational Safety Programme has been elaborated, and national policy on occupational safety and health is being formulated, in conformity with Article 4 of the Convention. The Committee hopes that the current simultaneous process of the formulation and implementation of a national policy on occupational safety, occupational health and the working environment, on the one hand, and of the adoption of laws and regulations in this sphere, on the other hand, would be achieved in the near future and requests the Government to supply all texts and documentation once they have been adopted.

2. The Committee requests the Government to supply additional information on the following points.

Article 5(a) and (b). The Committee notes that several provisions of Act No. 93 of 1993 deal with the design, choice, installation, use and maintenance of the material elements of work such as workplaces, tools, machinery, equipment and work processes. The Government is requested to provide information on provisions dealing with chemical, physical and biological substances and agents.

Article 11(a), (b), (c), (e) and (f). The Committee notes that several provisions of Act No. 93 of 1993 contain references to ordinances which should define detailed rules concerning certain functions provided for in this Article. The Government is requested to provide information related to measures taken or contemplated in order to carry out the functions of: (a) the determination of conditions governing the design, construction and layout of undertakings, the major alterations affecting them and changes in their purposes; (b) the determination of work processes and of substances and agents the exposure to which is to be prohibited, limited or made subject to authorization or control by the competent authorities; (c) the production of annual statistics on occupational accidents and diseases; (d) the publication of information on measures taken in pursuance of the occupational safety and health policy and on occupational accidents, occupational diseases and other injuries to health which arise in the course of or in connection with work; (e) the introduction or extension of systems to examine chemical, physical and biological agents in respect of the risk to the workers' health.

Article 12. Please indicate measures taken or contemplated with a view to ensuring that a designer, manufacturer, importer, or person who provides or transfers machinery, equipment or substances for occupational use, carries out the functions mentioned in the provisions of this Article.

Article 16, paragraph 2. Please indicate provisions whereby employers are required to ensure that, so far as is reasonably practicable, the chemical, physical and biological substances and agents under their control are without risk to health.

Article 19(f). Please indicate the legislative or practical measures taken to give effect to this provision.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the information provided in the Government's report, as well as the position of the National Organization of Hungarian Trade Unions with respect to the application of the Convention included in the Government's report.

Articles 2 and 6 of the Convention. (a) In its previous comments, the Committee noted that, while apparently much legislation existed regulating occupational health services, there was no statutory obligation for the provision of such services. In its report for the period ending 30 June 1992, the Government indicated that a new Act on Labour Safety was being prepared, in consultation with the representative organizations of employers and workers, and that it was proposed that this Act include the obligation of employers to ensure occupational health services. The Committee notes the comments made by the National Organization of Hungarian Trade Unions that there is a lack, in the country, of national policy with respect to occupational health services, as well as a lack of such services. The National Organization of Hungarian Trade Unions adds that, if adopted, the draft Act on Occupational Safety, along with the proposed ministerial decrees, might provide the opportunity to implement the Convention.

The Committee notes from the Government's latest report that the Bill on Occupational Safety includes a provision requiring employers to provide occupational health services (now called "Employment Health Services") to all workers. It further notes the indication in the Government's report that the Bill was discussed by the tripartite Council for the Reconciliation of Interests and has been submitted to Parliament. Debate on the Bill was scheduled for autumn 1993. The Committee hopes that the Bill will be adopted in the near future and that it will provide for the establishment of occupational health services with the functions enumerated in Article 5 and will ensure the application of the Convention with respect to the organization and conditions of operation of such services and, in particular, with respect to Articles 8, 14 and 15. The Government is requested to provide a copy of the text of the Occupational Safety Bill as soon as it has been adopted.

Article 3 and point VI of the report form. The Commitee notes the indication in the Government's latest report that occupational health services have been available for 40 per cent of the active wage-earners, which represents a decrease of 10 per cent from statistics of previous years. The Government is requested to continue to provide information on the progress made in developing occupational health services for all workers and, in accordance with point VI of the report form, to continue to provide statistics available on the number of workers covered by occupational health services.

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

The Committee notes with interest the information provided in the Government's latest report concerning the application of Article 11 of the Convention. It requests the Government to provide copies, with its next report, of the following legislation to which it made reference: Act II of 1972 on public health; Decree No. 16/1972 (VI.29); Decree No. 15/1972 (VIII.5); Ordinance No. 22/1979 (Eü.K.15); Decree No. 47/1979 (XI.30) and Act XI of 1991 on state general and municipal health services. The Government is requested to provide additional information on the following points:

Articles 2 and 6. (a) The Committee notes that, while apparently much legislation exists regulating occupational health services, there has been no statutory obligation for the provision of such services. In its latest report, the Government has indicated that a new Act on labour safety is being prepared, in consultation with the representative organizations of employers and workers, and that it has been proposed that this Act include the obligation of employers to ensure occupational health services. The Government is requested to provide the Office with a copy of this Act as soon as it is adopted.

(b) The Committee notes the Government's indication that the period of transition in the country, including deregulation and the adoption of new legislation, has led the Ministry of Public Welfare to issue a Communiqué on occupational health services and factory medical consultation offices. According to the Government, the Communiqué aims at maintaining occupational health services, except where economic transformations might justify their discontinuation. The Government is requested to indicate the types of situations wherein it might be considered justifiable to discontinue an already established occupational health service and to provide a copy of this Communiqué with its next report.

Article 3 and point VI of the report form. The Committee notes the Government's indication that, if occupational health services cannot be organized without delay by all undertakings, the plans are to establish a rank-order in view of the hazards to which workers are exposed at a particular economic unit. The Government is requested to continue to provide information on the progress made in developing occupational health services for all workers and, in accordance with point VI of the report form, to provide, in its next report, any statistics available on the number of workers covered by the occupational health services presently established.

Article 5. The Committee notes the Government's indication that plans are being made to establish occupational health services in the area or vicinity of large enterprises and occupational health centres for smaller establishments and that their functions will take into account the provisions of the Convention and give clear priority to preventive care. The Government is requested to indicate the measures taken to ensure that occupational health services serve the functions set forth in this provision of the Convention.

Article 8. In its previous comment, the Committee noted that the conditions and professional rules of operation of independent occupational health services are prescribed by the health authorities and requested the Government to provide copies of the rules governing occupational health services in these cases. In its latest report, the Government has indicated that authorization is granted by the Minister of Public Welfare for the employment of factory medical consultants and that professional supervision is exercised by the State General and Municipal Health Services. The Committee would recall that Article 8 of the Convention calls for cooperation, and participation on an equitable basis, between workers and employers in the implementation of measures relating to occupational health services. The Government is once again requested to provide copies of the rules, referred to in its first report, governing the functioning of independent occupational health services and to indicate the measures taken to ensure that workers and employers cooperate and participate on an equitable basis in the implementation of the organizational and other measures relating to these services.

Article 14. The Committee notes the indication in the Government's report that the obligation to inform is set forth in section 15 of Decree No. 15/1972 of the Minister of Health. The Government is requested to provide a copy of Decree No. 15/1972.

Article 15. The Committee notes from the Government's latest report that there are no legislative provisions to the effect that the employer may not require personnel of the occupational health service to verify the reasons for a worker's absence from work. The Government is requested to indicate the measures taken or envisaged to ensure observance of the Convention in this regard, as well as the measures which ensure that occupational health services are informed of occurrences of ill health amongst workers and absence from work for health reasons in order to facilitate their function of identifying and assessing the risks in the working environment.

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

The Committee notes with interest the information provided by the Government in its first report. The Government referred, in its report, to a Labour Safety Bill which is to be discussed by Parliament in the near future and indicated that standards were being revised and new safety regulations were being prepared. The Government is requested to provide a copy of any safety legislation adopted or in force, including those Hungarian standards referred to in its report which are at present in force, in so far as they are relevant to the application of the Convention. The Government is also requested to indicate, in its next report, whether Decree No. 5 of 1986 and Decree No. 31 of 1981 of the Minister of Construction and Town Planning respecting the protection of labour are still in force.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the information provided by the Government in reply to its previous direct request. In particular as concerns the application of Article 1, paragraphs 1 and 3, of the Convention, the Committee notes with interest the adoption of Decree No. 26/1985 on the procedure related to toxic substances, Decree No. 16/1988 (XII.22), and Standard No. MSZ 21461/1-1988 (which includes a list of substances classified into categories by the WHO and IARC).

Article 5. In its previous comments, the Committee had noted the Government's indication that Decree No. 4/1981/III.31/EUM of the Ministry of Health was being revised and would include provisions to ensure that the health of workers exposed to carcinogenic substances is monitored even after leaving work involving such exposure. The Government has provided in its latest report information concerning the difficulty of evaluating possible tumorous diseases in workers exposed to carcinogenic substances in the working environment and the problems arising with respect to their compensation. The Committee would recall that Article 5 of the Convention calls for workers to be provided with such medical examinations or biological or other tests or investigations after employment as are necessary to evaluate their exposure and supervise their state of health in relation to the occupational hazards. It would point out that there is a serious risk of a cancer being undetected if the worker who has been exposed to carcinogenic substances does not undergo certain medical examinations or tests after employment. The Government is requested to indicate whether it is still planning to revise Decree No. 4/1981/III.31/EUM as indicated in its previous report and, if not, to indicate the measures taken or envisaged to ensure that workers receive medical examinations or other tests, as necessary, after leaving work involving exposure to carcinogenic substances.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes with interest the information provided in the Government's first report. It notes the Government's indication that the development, organisation and operation of the occupational health services were already functioning at an advanced, high professional level at the time of ratification of the Convention and that the changes under way in the country have also influenced the health sector. It notes the Government's indication that the reform of the health sector, including the activities of the occupational health services, has begun and entails considerable deregulation and modernisation of the health regulations. The Government is requested to provide clarification on the following points:

Articles 2 and 6 of the Convention. The Committee notes from the Government's report that the first national policy on occupational health service began in 1951 and has been revised periodically with a full revision of the regulations in 1974. It further notes that an Act concerning the organisation and maintenance of occupational health services was in effect up to 1990 and that new Acts are presently being prepared. The Committee requests the Government to provide a copy of the latest regulations concerning occupational health services, as well as a copy of the new Act as soon as it is adopted, and to indicate the manner in which the most representative organisations of workers and employers were consulted in the formulation, implementation and revision of the occupational health services policy. The Government is also requested to provide copies of the relevant provisions of any collective agreements concerning the creation or functioning of occupational health services.

Article 3. The Committee notes with interest the information provided in the Government's report that, as a result of progressive development, occupational health services exist in more than 20 economic sectors and occupational health care is provided for half of the workers and employees working in industry and agriculture. It notes the Government's indication that ideas for future development of occupational health services are presently being worked out in the health reform and that the goal is to first establish these services for every worker in every undertaking and then to widen the activity of the occupational specialist consultation centres. The Committee recalls that, under Article 3, paragraph 2, if occupational health services cannot be immediately established for all undertakings, ratifying governments undertake to draw up plans for the establishment of such services in consultation with the most representative organisations of employers and workers. The Government is requested to indicate the plans drawn up in this regard and the manner in which the most representative organisations of employers and workers are consulted as called for by paragraph 3 of this Article.

Article 5

(a) The Committee notes the indication in the Government's report that the functions of the occupational health services essentially cover the functions provided for in this Article of the Convention, but that the performance of some functions depends upon initiatives from the undertaking (planning, work-organisational advice, participation in working out programmes for modernisation of production practice, etc.). The Government has indicated that, although the responsibility and obligations for employers in respect of occupational safety and health are provided for in regulations, factory management often does not fulfil its tasks and there is a great lag in the field of occupational ergonomics. The Government is requested to indicate the measures taken to promote the full co-operation of employers with respect to the tasks and functions of the occupational health services in order to ensure the attainment of the objectives of such services to facilitate optimal physical and mental health in relation to work (Article 1(a)).

(b) The Committee also notes the Government's indication that the curative function still prevails in occupational health services where factory physicians, mostly those who work for a few hours a week, are active. The Government is requested to continue to provide information on the efforts made to promote the presence of occupational health services, with the essentially preventive functions enumerated in the Government's report and which figure in Article 5 of the Convention, in all undertakings.

Article 8. The Committee notes the Government's indication that, since 1989, several undertakings have been granted the right to establish an independent occupational health service and that the conditions and professional rules of operation have been prescribed by the health authorities. The Government is requested to provide copies of the rules governing the functioning of this independent service and to provide full particulars on the creation within any other undertakings of independent occupational health services.

Article 11. The Committee notes from the Government's report that the planned reform of the health sector involves issues of graduate and postgraduate education and that, in particular, there is a plan to increase the role of occupational health studies in graduate training. The Government is requested to continue to provide information on the reforms envisaged or implemented concerning the qualifications required for personnel working in occupational health services.

Article 14. The Committee notes the indication in the Government's report that information on any known or suspected factors in the working environment which may affect the worker's health are required by departmental order. The Government is requested to provide a copy of this departmental order with its next report.

Article 15. The Committee notes from the Government's report that regulations provide that the employer may not require the occupational health service to verify the reasons for a worker's absence from work. The Government is requested to provide a copy of the relevant regulation.

Direct Request (CEACR) - adopted 1988, published 75th ILC session (1988)

The Committee notes the information contained in the Government's report, in reply to its previous direct request.

Article 1, paragraphs 1 and 3, of the Convention. The Committee notes that the draft decree to implement the provisions of Decree No. 24/1985/V.II is being discussed by the national authorities and that it is likely to be approved soon. The Committee reiterates its hope this decree will be adopted in the near future and that it will contain a list of carcinogenic substances and agents, occupational exposure to which will be prohibited or regulated, in accordance with the provisions of this Article.

Article 5. The Committee notes with interest that the updating of Decree No. 4/1981/III.31/EUM of the Ministry of Health has begun and that the revised version will include provisions which stipulate that the worker's health is to be monitored after leaving a job involving work with certain carcinogens. It hopes that the updating of the Decree will also take into account the latest information from competent bodies on the designation of the carcinogenic substances.

The Committee hopes that in its next report the Government in its next report will be able to indicate the progress made in the adoption of the above-mentioned provisions and that it will supply the texts of those provisions once adopted.