Hygiene (Commerce and Offices) Convention, 1964 (No. 120) - Tunisia (RATIFICATION: 1970)

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In order to provide an overview of the issues relating to the application of the ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine the Underground Work (Women) Convention, 1935 (No. 45), the Safety Provisions (Building) Convention, 1937 (No. 62), and the Hygiene (Commerce and Offices) Convention, 1964 (No. 120), in a single comment.

Underground Work (Women) Convention, 1935 (No. 45)

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism Tripartite Working Group (SRM TWG), confirmed the classification of Convention No. 45 in the category of outdated instruments, and it placed an item concerning the abrogation of this Convention on the agenda of the 113th Session of the International Labour Conference (2024). The Governing Body also asked the Office to undertake follow-up action with member States currently bound by Convention No. 45 to encourage them to ratify the up-to-date instruments relating to OSH, including, but not restricted to, the Safety and Health in Mines Convention, 1995 (No. 176), and to launch a campaign to promote the ratification of Convention No. 176. The Committee therefore encourages the Government to follow up the decision adopted by the Governing Body at its 334th Session (October–November 2018) approving the recommendations of the SRM TWG, and to consider ratifying the most up-to-date instruments in this field. The Committee reminds the Government of the possibility of obtaining technical assistance from the Office in this regard.

Safety Provisions (Building) Convention, 1937 (No. 62)

Articles 2 and 4 of the Convention. Legislation and inspection system. The Committee notes the Government’s indication in its report that the construction and public works sector remains the sector with the highest number of serious and fatal industrial accidents and for this reason the Government has formulated with the social partners a national occupational risk prevention strategy in the sector. The national occupational risk prevention strategy in the construction sector is based on the following components: the setting up of the National Council for Social Dialogue (CNDS); the preparation of a new decree on measures to prevent occupational risks in the construction and public works sector; the preparation of a construction sector inspection guide; the establishment of a worksite control unit within the Directorate-General for Medical Inspection and Occupational Safety; the formulation of regional occupational risk prevention programmes in the construction sector by certain occupational medicine inspection divisions to support construction enterprises in the setting up of risk prevention programmes, including medical monitoring of workers, training and awareness-raising for workers, and improvements in occupational safety, health and hygiene conditions. The Committee requests the Government to provide further information on the establishment of the worksite control unit within the Directorate-General for Medical Inspection and Occupational Safety and also a copy of the regional occupational risk prevention programmes and the construction sector inspection guide. The Committee also requests the Government to indicate whether the decree on measures to prevent occupational risks in the construction and public works sector has come into force and, if so, to send a copy of it.

Articles 6–10. Statistical information. Fall of persons or materials; electrical installations. Further to its previous comment, the Committee notes the statistical information available from the national health insurance fund in 2018 according to which the number of industrial accidents recorded in the construction and public works sector decreased from 3,261 accidents, including 36 fatal accidents, in 2015 to 3,036 accidents, including 33 fatal accidents, in 2018. The Committee notes that, according to this statistical information, the main causes of fatal accidents in 2018 were still falls from height, electrocution, falls of objects, and collisions. The Committee requests the Government to intensify its efforts to protect workers from falls from height, to prevent falls of materials and to prevent dangers arising from electrical installations, in accordance with Articles 7, 8, 9 and 10 of the Convention. It also requests the Government to continue to provide information on the number and classification of accidents covered by the Convention.

Hygiene (Commerce and Offices) Convention, 1964 (No. 120)

Legislation. Further to its previous comment, the Committee notes that the Government has not supplied any information on the draft amended version of Decree No. 68-328 of 1968 concerning hygiene. The Committee requests the Government to indicate whether the draft amended version of Decree No. 68-328 concerning hygiene has been adopted and, if so, to send a copy of it.

Article 6 of the Convention. Inspection system. Further to its previous comment, the Committee notes the statistical information provided in the 2017 report of the labour inspectorate, which indicates that the 18,297 inspections included 2,645 in shops and financial establishments, 36 in public administrative establishments and 197 in public offices and establishments.

Article 18. Protection against noise and vibrations. In view of the fact that there has been no reply from the Government to the Committee’s previous comment on this point and recalling that, according to the information provided by the Government in its previous reports, the standards adopted with regard to noise levels are not legally binding, the Committee once again requests the Government to provide additional information on the measures taken to ensure that these standards are actually applied.

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Legislation. The Committee notes the Government’s indication in its report that draft amendments have been drawn up for Decree No. 75-503 concerning the use of electric current, Decree No. 68-328 concerning hygiene and the Order of 5 June 1987 concerning the prevention of mechanical risks and the protection of machinery. The Committee requests the Government to indicate whether or not these legislative texts have an impact on the application of the Convention, and to continue providing information on any new legislative measures that give effect to the Convention.

Article 18 of the Convention. Protection against noise and vibrations. The Committee notes the Government’s indication that in June 2010, technical committee CT 48 on acoustics, vibrations and mechanical shocks adopted standard NT 48.338, based on ISO standard 9612:2009 concerning the determination of occupational noise exposure (engineering method), and that the measures relating to noise pollution in offices and commercial premises are adopted on the basis of the requirements of standard ISO/NFS 31-010 concerning the characterization and measurement of environmental noise (special methods of measurement). The Committee also notes that the Occupational Safety and Health Institute considers that noise levels in offices are not the same as those in commercial premises and therefore recommends that requirements and preventive measures relating to noise should be defined according to the type of workplace. Recalling that, according to the Government’s indications in its previous report, the adopted standards relating to acoustics are not legally binding, the Committee requests the Government to provide further information on the steps taken to ensure that these standards are actually applied.

Application in practice. In the absence of a reply from the Government to its previous comment on this point, the Committee once again requests the Government to provide detailed information on the application of the Convention in practice, including, where such information is available, the number and nature of infringements reported and the number, nature and cause of occupational accidents and diseases that have been recorded.

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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 comments.

Repetition

With reference to its previous comments, the Committee notes the information provided in the Government's latest report indicating that the Tunisian standards (NT) adopted on acoustics, giving effect to Article 18 of the Convention, are not legally binding but have the purpose of encouraging the social partners to reduce as far as possible the harmful effects of noise in the workplace. The Committee also notes that the draft decree submitted to the occupational organizations of employers and workers for their opinion, to which the Government referred for the first time in its report of 1992, has not been adopted yet. The Committee asks the Government to provide further information on the application of the Tunisian standards on acoustics in practice.

Part IV of the report form. Application in practice. With reference to its previous comments the Office reiterates its request to the Government to provide information on the application of the Convention in practice, including results of inspections and the number of workers covered by the legislation, once this information is available. The Committee asks the Government to provide updated information regarding the application of the Convention in practice, with its next report, as such information provides valuable indicators for an assessment of the manner in which the Convention is applied in the country.

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With reference to its previous comments, the Committee notes the information provided in the Government's latest report indicating that the Tunisian standards (NT) adopted on acoustics, giving effect to Article 18 of the Convention, are not legally binding but have the purpose of encouraging the social partners to reduce as far as possible the harmful effects of noise in the workplace. The Committee also notes that the draft decree submitted to the occupational organizations of employers and workers for their opinion, to which the Government referred for the first time in its report of 1992, has not been adopted yet. The Committee asks the Government to provide further information on the application of the Tunisian standards on acoustics in practice.

Part IV of the report form. Application in practice. With reference to its previous comments the Office reiterates its request to the Government to provide information on the application of the Convention in practice, including results of inspections and the number of workers covered by the legislation, once this information is available. The Committee asks the Government to provide updated information regarding the application of the Convention in practice, with its next report, as such information provides valuable indicators for an assessment of the manner in which the Convention is applied in the country.

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The Committee notes the detailed information supplied by the Government in response to its previous comments.

1. Article 18 of the Convention. Protecting workers against noise. The Committee notes that according to the Government, the Occupational Safety and Health Committee has prepared standards for individual protection and that the standardization department has adopted a number of Tunisian standards (NT) on acoustics, some of which are listed as an illustration. According to the Committee’s understanding the above texts - the draft standards on individual protection and the Tunisian standards - appear to cover the same subject, at least in part. The Committee therefore requests the Government to specify the legal status and the scope of the Tunisian standards. Furthermore, with reference to its previous comments, the Committee requests the Government to indicate whether the draft decree submitted to the occupational organizations of employers and workers for their opinion, to which the Government referred for the first time in its report of 1992, is still under study. It requests the Government to provide a copy of it as soon as it is adopted.

2. Part IV of the report form. Practical application. The Committee notes the wide-ranging information sent by the Government on the inspection system set up to monitor, inter alia, noise in the working environment, which reports to the labour inspectorate in coordination with the occupational safety and medical inspectorate and with assistance, if necessary, from the Occupational Safety and Health Institute. The Government is asked to provide information on the results of inspections carried out together with information on the number of workers covered by the legislation, the number and nature of infringements reported, penalties imposed, etc. The Committee takes this opportunity to draw the Government’s attention to the fact that such information provides valuable indicators for an assessment of the manner in which the Convention is applied in the country.

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The Committee notes the Government’s report. Noting the information sent in reply to its previous comments, it would appreciate additional information on the following point.

Part IV of the report form (read in conjunction with Article 18 of the Convention). The Committee notes the Government’s statement that the draft decree on the protection of workers against noise has not yet been adopted. The Committee observes that as far back as 1992 the Government indicated in its report that the draft decree had just been formulated and submitted to the organizations of employers and workers for their comments. The Committee therefore trusts that the Government will be in a position to take all the necessary measures in the near future to adopt regulations protecting workers from noise. It requests the Government to provide a copy of the text as soon as it is adopted. Please also provide information on the manner in which the Convention is applied in practice, including for example information on the number of workers covered by the legislation in force and extracts from inspection reports indicating the number and nature of the violations reported and the sanctions imposed.

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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 supplied by the Government in its latest report to the effect that no change has been made to Tunisian legislation with a view to the application of the Convention.

Part IV of the report form in conjunction with Article 18 of the Convention. The Committee recalls the Government’s statement that, in accordance with Article 18 of the Convention, a draft Decree respecting the protection of workers against noise had been formulated and submitted for their opinions to the organizations of employers and workers concerned. The Committee therefore requests the Government to indicate whether the Decree has been adopted and, if so, it requests the Government to provide a copy of the text when it has been adopted. Furthermore, it requests the Government to provide information concerning the manner in which the Convention is applied in practice, including for example the number of workers covered by the legislation that is in force and the nature of the violations reported.

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The Committee notes the information supplied by the Government in its latest report to the effect that no change has been made to Tunisian legislation with a view to the application of the Convention.

Point IV of the report form in conjunction with Article 18 of the Convention. The Committee recalls the Government's statement that, in accordance with Article 18 of the Convention, a draft Decree respecting the protection of workers against noise had been formulated and submitted for their opinions to the organizations of employers and workers concerned. The Committee therefore requests the Government to indicate whether the Decree has been adopted and, if so, it requests the Government to provide a copy of the text when it has been adopted. Furthermore, it requests the Government to provide information concerning the manner in which the Convention is applied in practice, including for example the number of workers covered by the legislation that is in force and the nature of the violations reported.