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

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) - France (Ratification: 1985)

The Committee notes with interest the information provided in the Government's report and requests the Government to provide further clarification on the following points:

I. Article 1, paragraph 1, of the Convention. The Commitee notes the indication in the Government's first report that, after consultation with the employers' and workers' organizations concerned, merchant shipping has been excluded from the application of the Convention. It further notes that L.231-1 of the Labour Code excludes mines and quarries, and railway, road, sea and air transport from the application of its provisions. The Government is requested to indicate the measures taken to ensure the application of the Convention to these branches of economic activity with the exception of merchant shipping.

Article 1, paragraph 3. The Committee notes the indication in the Government's first report that specific measures concerning occupational safety and health in merchant shipping are assured by the country's ratification of the Safety of Life at Sea Convention, 1974, and its Protocol of 1978. The Government further indicates that measures have been taken at the national level by the following texts: Act No. 83-581 of 5 July 1983 on the safety of life at sea, life on board ships and the prevention of pollution; Decree No. 84-810 of 30 August 1984 and the Decree of 27 December 1984 fixing the technical rules and procedures applicable to ships and their equipment with respect to the safety of life at sea, life on board ship and the prevention of pollution. The Government is requested to continue to provide information, in subsequent reports, on any changes in the law and practice in respect of air pollution, noise and vibration in merchant shipping.

II. Article 5, paragraph 4. The Committee notes that L.236-2 of the Labour Code provides that the occupational safety and health committees established at the workplace may undertake inspections. Article 5, paragraph 4, of the Convention, however, provides that representatives of the worker and of the employer shall have the opportunity to accompany inspectors during inspection visits, unless the inspectors consider, in the light of the general instructions of the competent authority, that this may be prejudicial to the performance of their duties. The Government is requested to indicate the measures taken or envisaged to ensure that the representatives of the worker and the representatives of the employer have the opportunity to accompany inspectors.

Article 7, paragraph 2. The Government is requested to indicate the measures taken or envisaged to ensure that workers have the right to apply to appropriate bodies to ensure protection against occupational hazards due to air pollution, noise and vibration and to provide particulars on the bodies to which they may apply.

Article 8, paragraphs 1 and 3. 1. Air pollution. The Committee notes that, under L.231-7 and L.233-5 of the Labour Code, ministerial decrees are to be issued regulating the use of dangerous substances and that, as a result, a certain number of decrees have been issued establishing the criteria and specifying exposure limits to harmful substances. The Government is requested to indicate, in subsequent reports, any criteria or exposure limits set with respect to substances which have not already been regulated.

2. Vibrations. The Committee notes the reference in the Government's report to Decree No. 80-1091 of 24 December 1980 concerning tractors and Decree No. 81-131 of 10 February 1981 concerning chainsaws. It notes, however, that these decrees only contain general provisions calling for the reduction of vibrations. The Government is requested to indicate, in its next report, the measures taken or envisaged to establish criteria for determining the hazards of exposure to vibrations and to provide particulars on these criteria. The Government is also requested to indicate whether any exposure limits have been set with respect to vibration.

Article 9. The Government is requested to provide particulars of the technical measures prescribed for new plant or processes in design or installation and for existing plant or processes, as well as any supplementary organizational measures to ensure that the working environment is kept, as far as possible, free from any hazard due to vibration.

Article 10. The Government is requested to indicate the measures taken or envisaged to ensure the provision of suitable personal protective equipment to protect against the hazards due to vibration when the specified exposure limits have been exceeded.

Article 12. The Government is requested to continue to provide information, in its next report, on any new processes, substances, machinery and equipment, specified by the competent authority, which involve exposure of workers to occupational hazards due to noise and vibration and which must be notified to the competent authority.