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Safety and Health in Construction Convention, 1988 (No. 167) - Algeria (RATIFICATION: 2006)

Article 7. Duties of self-employed persons. The Committee notes the reference made to section 7 of Law No. 88-07 of 26 January 1988 on hygiene, safety and medicine at work, which requires the employer to take the safety of workers into account when choosing techniques and technologies and when organizing work. The Committee asks the Government to provide further information on whether the requirements of Article 7 apply to self-employed persons.

Articles 14–17. Scaffolds and ladders; lifting appliances and gear; transport; and plant, machinery, equipment and hand tools. The Committee notes the reference to section 22 of the Executive Decree No. 05-12 of 8 January 2005 concerning the specific health and safety standards applicable to the construction industry, which states that the following should be built, assembled and arranged, as appropriate, to ensure maximum safety of use: scaffolding, ladders, platforms, walkways and stairs; lifting appliances and gear; transport, earth-moving and materials-handling equipment; and plant, machinery, equipment and hand tools. The Committee notes that the above-mentioned legislation refers to the issues in these provisions of the Convention albeit not with the same level of detail. The Committee asks the Government to provide further information on the measures taken or envisaged, in law and in practice, to give effect to all the requirements under Articles 14, 15, 16 and 17 of the Convention.

Articles 18–19, 21–24. Work at heights; excavations and underground works; work in compressed air; structural frames and formwork; work over water; and demolition. The Committee notes the reference made to Executive Decrees Nos 91-05, 2-427 and 05-12 including the reference to section 23 of the latter which requires employers to take all appropriate technical measures to ensure the necessary safety when undertaking the following kinds of work: work at heights including roof work; excavations, earthworks and galleries; underground work; work over water; demolition work; and work in compressed air. The Committee notes that the abovementioned legislation refers to the issues in these provisions of the Convention albeit not with the same level of detail. The Committee asks the Government to provide further information on the measures taken or envisaged, in law and in practice, to give full effect to all the requirements under Articles 18, 19, 21, 22, 23 and 24 of the Convention.

Article 27. Explosives. The Committee notes the information provided by the Government indicating that provisions relating to work with explosives are being prepared as part of a technical regulation on safety. The Committee asks the Government to provide a copy of the abovementioned technical regulation once it has been adopted, and to indicate the specific provisions which give effect to Article 27 of the Convention.

The Committee also notes that the Government has omitted to provide information on the application of Article 1(3), Article 2, Article 5, Article 8(2), and Article 20 of the Convention. The Committee requests the Government to provide information on the application of these Articles of the Convention, in law and in practice.

Part VI of the report form. Application in practice. The Committee asks the Government to give a general appreciation of the manner in which the Convention is applied in the country, and to provide, where such statistics exist, information on the number of workers covered by the legislation, the number and nature of the contraventions reported, and the number, nature and cause of occupational accidents and diseases reported.