Safety Provisions (Building) Convention, 1937 (No. 62) - Tunisia (RATIFICATION: 1959)

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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Mechanism Tripartite Working Group (SRM TWG), confirmed the classification of Convention No. 45 in the category of outdated instruments, and it placed an item concerning the abrogation of this Convention on the agenda of the 113th Session of the International Labour Conference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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Article 6 of the Convention. Statistical information. The Committee notes the statistical information provided by the Government in its report, indicating that the National Health Insurance Fund saw a steady decline in the number of occupational accidents in the construction and public works sector, falling from 5,051 accidents, 67 of which were fatal, in 2011 to 4,599 accidents, 41 of which were fatal, in 2013. It notes the indication that the main causes of accidents in 2013 continued to be falls from certain heights, electrocution, falling objects and collisions. The Committee also notes that in the framework of the joint project between Tunisia, France and Germany to promote occupational safety and health (OSH) in Tunisia, a national strategy to prevent occupational hazards in the construction sector has been developed and implemented and comprises eight areas: inter-institutional coordination and partnership; regulation and strengthening the effectiveness of the law; social dialogue; the organizational dimension of the construction sector; management of occupational hazards in construction enterprises; medical surveillance, through occupational medicine services, of construction workers; information, awareness raising and communication; and the mobilization of OSH knowledge in the construction sector. According to the Government, the programme of coordinated action to implement this strategy, which addresses the main hazards that lead to accidents in the construction sector, is being finalized. The Committee requests the Government to provide information on the results achieved through the implementation of the national strategy to prevent occupational hazards in the construction sector and to provide a copy of the programme of coordinated action for its implementation once it has been finalized. It also requests the Government to continue providing information on the number and classification of accidents within the scope of the Convention and its ongoing efforts to improve safety and health conditions in the construction sector.

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The Committee notes that the Government’s report has not been received. It must therefore repeat its previous comments.

Repetition

Article 6 of the Convention. Statistical information relating to the number and classification of accidents occurring to persons occupied on work within the scope of the Convention. The Committee notes the detailed statistical information, covering the evolution of occupational accidents and diseases in the construction sector for the period 1995–2008, including the detailed analysis of the principal causes of accidents and diseases in this sector in 2008. The Committee notes the relative downward trend in the number of accidents recorded, but that the trend regarding occupational diseases is very irregular. The Committee also notes the detailed information regarding measures taken by the National Health Insurance Institution (CNAM) to address these problems, including the undertaking in 2007 of 1,234 technical assistance missions in affiliated enterprises and, in 2008, 1,307 such missions. The Committee notes with particular interest the information that the number of occupational accidents decreased by 10.8 per cent in 2007 and by 19.3 per cent in 2008 and that the CNAM would undertake similar technical assistance missions in 1,397 enterprises during 2009. The Committee also notes the financial incentives instituted by the Government including financial assistance for prevention programmes covering up to 70 per cent of the cost of the investment; a bonus/malus system concerning insurance fees including reduced premiums for enterprises willing to invest in preventive strategies and increased premiums for those refusing to do so; the imposition of increased insurance premiums as a sanction for breaches of occupational safety and health provisions; the conduct of 14 information seminars (including a seminar specifically concerning occupational safety and health in the construction sector) with the participation of technical specialists from CNAM. The Committee also notes that the Government has adopted a national programme for the management of occupational risks for the period 2009–11 with three main objectives: the promotion of health at work; the promotion of safety at work and a reduction of occupational accidents, in particular fatal and serious accidents. The Committee welcomes this information and invites the Government to continue to provide information on its continuing efforts to improve occupational safety and health conditions, in particular in the construction sector.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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Article 6 of the Convention. Statistical information relating to the number and classification of accidents occurring to persons occupied on work within the scope of the Convention. The Committee notes with interest the detailed statistical information, covering the evolution of occupational accidents and diseases in the construction sector for the period 1995–2008, including the detailed analysis of the principal causes of accidents and diseases in this sector in 2008. The Committee notes the relative downward trend in the number of accidents recorded, but that the trend regarding occupational diseases is very irregular. The Committee also notes the detailed information regarding measures taken by the National Health Insurance Institution (CNAM) to address these problems, including the undertaking in 2007 of 1,234 technical assistance missions in affiliated enterprises and, in 2008, 1,307 such missions. The Committee notes with particular interest the information that the number of occupational accidents decreased by 10.8 per cent in 2007 and by 19.3 per cent in 2008 and that the CNAM would undertake similar technical assistance missions in 1,397 enterprises during 2009. The Committee also notes the financial incentives instituted by the Government including financial assistance for prevention programmes covering up to 70 per cent of the cost of the investment; a bonus/malus system concerning insurance fees including reduced premiums for enterprises willing to invest in preventive strategies and increased premiums for those refusing to do so; the imposition of increased insurance premiums as a sanction for breaches of occupational safety and health provisions; the conduct of 14 information seminars (including a seminar specifically concerning occupational safety and health in the construction sector) with the participation of technical specialists from CNAM. The Committee also notes that the Government has adopted a national programme for the management of occupational risks for the period 2009–11 with three main objectives: the promotion of health at work; the promotion of safety at work and a reduction of occupational accidents, in particular fatal and serious accidents. The Committee welcomes this information and invites the Government to continue to provide information on its continuing efforts to improve occupational safety and health conditions, in particular in the construction sector.

Revision of this Convention. The Committee would also like to draw the Government’s attention to the Safety and Health in Construction Convention, 1988 (No. 167), which revises Convention No. 62 of 1937 and could well be better adapted to the current situation in the building sector. It again points out that the ILO Governing Body invited States parties to Convention No. 62 to envisage the ratification of Convention No. 167, which entails, ipso jure, immediate denunciation of Convention No. 62 (GB.268/8/2). The Committee requests the Government to provide information on all possible developments in this respect.

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Article 6 of the Convention. Statistics on the number and classification of accidents in the building industry. Further to its previous comments, the Committee notes the statistical information communicated by the Government for 2001 relating to the number and classification of accidents occurring to persons occupied on work within the scope of the Convention. Noting the significant increase in the number of serious accidents in the last ten years, and taking account of the fact that the building industry is among those with the highest risks of accidents, the Committee requests the Government to provide information, with its next report, on the measures taken to reduce the risks of accidents in the industry. It also requests the Government to continue to provide the statistical information required by Article 6 of the Convention.

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The Committee notes the Government’s report. It recalls its general observation of 1988 reminding governments that each Member which ratifies this Convention undertakes to communicate, with its reports, the latest statistical information relating to the number and classification of accidents occurring to persons occupied on work within the scope of this Convention. It had further indicated that according to the report form on the Convention, in addition to such information, governments were requested to report in as much detail as possible on the number of persons occupied in the building industry and covered by the statistics. The Committee notes that such statistics were provided with the Government’s report in 1991 and 1997, but that its report in 2001 does not provide similar information. It would be grateful if the Government would provide the information required by Article 6 of the Convention with its next report.