Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Safety Provisions (Building) Convention, 1937 (No. 62) - France (Ratification: 1950)

The Committee notes the information supplied by the Government in its report.

1. The Committee notes Act No. 96-452 of 28 May 1996 providing various health, social and statutory measures, and particularly section 39 which extends the inspection services’ power to stop work on a site in the absence of safety devices for protecting against the risks inherent in operations for confining and removing asbestos; Decree No. 96-725 of 14 August 1996 concerning technical rules and approval procedures applicable to work equipment and protection devices subject to section L. 233-5 of the Labour Code enacting various European Directives which, according to the Government’s report, will provide better early prevention planning from the preliminary study stage; Decree No. 98 1084 of 2 December 1998 enacting European Union Council Directive 95/63/EC of 5 December 1995, amending Directive 89/655/EEC of 30 November 1989 concerning minimum safety and health requirements for the use of work equipment by workers at work, which includes provisions of the European Directive concerning training of employees who use such equipment, particularly on building and public works (BTP) sites where risks entailed in the use of hoisting equipment are particularly high; Decree No. 99-884 of 18 October 1999 concerning the occupational prevention body on building and public works (OPPBTP) and which established a contribution in the workers’ names; Decree No. 2000-855 of 1 September 2000 concerning placing of hoisting equipment and mobile machinery on the second-hand market; and Decree No. 2001-97 of 1 February 2001 concerning the prevention of risks that are carcinogenic, mutagenic or toxic for reproduction.

The Committee notes the communication by the Government of the five-year assessment of application of the provision enacting Directive 92/57 of 24 June 1992. It notes that, pursuant to this assessment, regulatory corrections submitted to the Council of State must be made. The Committee requests the Government to keep the Office informed of the measures taken in relation to these corrections.

The Committee also notes the Government’s statement to the effect that the Order of 7 March 1995, which is one of the regulatory texts implementing Directive 92/57, must be reformulated to strengthen training of coordinators in safety and health protection; the Committee requests the Government to supply the text once it has been reformulated.

2. The Committee notes the observation by the French Democratic Confederation of Labour (CFDT) to the effect that the Government’s report omits the particular problem of scaffolding. The Confederation announces that working at heights is the subject of a recent European Directive which should be integrated into French law.

The Committee believes that this could be Directive 2001/45/EC of 27 June 2001 amending Council Directive 89/655/EEC concerning the minimum safety and health requirements for the use of work equipment by workers at work which the Government refers to in its report and which will be enacted into French law. The Government indicates that this text contributes to application of the provisions of the Convention, particularly in regard to scaffolding. The Committee requests the Government to keep the Office informed of the provisions adopted and modifications made in enacting this text into domestic legislation.

3. Article 3(a) of the Convention. The Committee notes that section 4 of Decree No. 99-884 of 18 October 1999, cited by the Government in its report, establishes a contribution to be made for temporary workers placed at the disposal of building and public works enterprises. According to the Government, the wages paid to this category of workers did not enter into the value of wages serving as the basis for calculating contributions by enterprises whereas these employees, because of their temporary status, were particularly concerned by the action of the OPPBTP. The Committee notes that this provision does not require the employer to bring the legislation and regulations applying the provisions concerning safety prescriptions to the notice of all those concerned, particularly temporary workers, a category which the CFDT, in its previous comments and in the absence of statistics on the subject, places at some 80,000 in the sector. The Committee also notes that, according to the Government’s latest report, the resumption of activity in the sector, which has been gathering pace throughout 1998 was carried out through massive use of temporary labour which has undergone an absolute explosion, with an increase of some 30,000 persons in man-year equivalent. The Committee requests the Government to take the necessary measures so that the relevant legislation is brought to the notice of temporary workers by the employer in a manner approved by the competent authority.

Article 4, and Part V of the report form. The Committee notes the information supplied by the Government, particularly statistics for 1993 on occupational accidents and the provisional data for 1994, as well as information on implementation of the so-called "site closure" procedure since the beginning of its effective application and the five-year assessment of application of the provision enacting Directive 92/57 of 24 June 1992. It requests the Government to continue to supply in its next report information on the practical application of the Convention.