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

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) - San Marino (Ratification: 1988)

The Committee takes note with interest of the Government's first report and the attached legislative texts.

Article 4 of the Convention

Paragraph 1. The Committee notes that the law prescribes general safety and health measures but not specific measures of prevention and protection. The Committee asks the Government to indicate what measures are comtemplated for the prevention and control of, and protection against, occupational hazards in the working environment due to air pollution, noise and vibration as specified in this provision.

Paragraph 2. The Committee asks the Government to supply information on the Decrees which set limits and which are referred to in Act No. 40 of 1987 (in particular in section 6).

Article 5, paragraph 4. The Committee asks the Government to specify the arrangements made for representatives of the employer and representatives of the workers of the undertaking to accompany inspectors supervising the application of the measures prescribed.

Article 6, paragraph 2. The Committee asks the Government to supply information on the procedures prescribed to ensure that two or more employers undertaking activities simultaneously at one workplace collaborate.

Article 7, paragraph 2. The Committee notes the indications given by the Government to the effect that workers and their representatives may appeal to the official services in order to secure compliance with the provisions of law by the employer. The Committee asks the Government to give details of the bodies to which the workers may appeal so as to ensure the protection provided by the Convention.

Article 8

Paragraph 1. Act No. 40 of 1987 provides that the criteria for and limits of exposure shall be fixed by decree (section 6).

The Committee asks the Government to supply information on the criteria fixed for determining the hazards of exposure covered by the Convention and to indicate the exposure limits specified for those hazards.

Paragraph 2. The Committee asks the Government to indicate how the opinion of technically competent persons designated by the organisations of employers and workers is taken into account in the elaborations of the criteria and determination of the exposure limits.

Paragraph 3. The Committee asks the Government to indicate how any increase in occupational hazards resulting from simultaneous exposure to several harmful factors has been taken into account in establishing or revising the criteria and exposure limits.

Article 10. The Committee asks the Government to indicate the methods prescribed for determining whether the specified exposure limits are exceeded and to specify whether the appropriate personal protective equipment is supplied.

Article 11. The Committee notes that the annex to Act No. 40 of 1969 provides for periodic medical examinations in the case of exposure to substances of which a list is given. The Committee asks the Government to specify the nature and frequency of the prescribed periodic examinations and the pre-assignment examinations for hazards due to noise and vibration.

Article 12. The Committee asks the Government to indicate what processes, substances, machinery and equipment specified by the competent authority are required to be notified in accordance with the provisions of the Convention.

Article 15. The Committee asks the Government to indicate the conditions on which and the circumstances in which employers are required to appoint a competent person or use a competent service to deal with matters pertaining to the prevention and control of air pollution, noise and vibration in the working environment.