Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

Hygiene (Commerce and Offices) Convention, 1964 (No. 120) - Jordan (Ratification: 1965)

1. The Committee takes note of the Government’s reports. It notes the adoption of the new Labour Code, Act No. 8 of 1996. With reference to its previous comments, the Committee notes with satisfaction that pursuant to article 78, paragraph (a)(ii), of the Labour Code, workers must be provided with the necessary personal protective equipment to protect them against occupational hazards and occupational diseases, which thus applies Article 17 of the Convention.

2. The Committee further notes the Government’s indication that, according to article 33 of the Constitution, the Convention became applicable as part of Jordanian law after its ratification. The Committee recalls that, while in general provisions of ILO Conventions are not self-executing, Article 4 of the Convention expressly requires the adoption of laws and regulations at national level to ensure the application of the elementary hygiene measures set forth in Part II, and that, in accordance with Article 6 of the Convention, appropriate measures were necessary to provide for the enforcement of such laws or regulations.

3. In view of this fact, the Committee draws the Government’s attention to the need to adopt measures to give effect to the following Articles of the Convention.

4. Article 1 of the Convention. The Committee notes that article 3 of the Labour Code excludes, inter alia, government and municipal officers (subparagraph (a)) from its scope of application. The Committee recalls that, by virtue of Article 1, subparagraph (b), of the Convention, the provisions of the Convention apply to establishments, institutions and administrative services in which the workers are mainly engaged in office work. The Committee accordingly requests the Government to indicate the measures taken or envisaged to ensure that the Convention is applied to all workers, including public employees, who work in establishments, institutions and administrative services in which they are mainly engaged in office work.

5. Article 7. With regard to the maintenance requirements of work premises, the Government refers to article 78, paragraph (a)(ii), and article 82 of the Labour Code. The Committee however notes that article 78, paragraph (a)(ii), of the Labour Code obliges the employer to provide workers with protective equipment against the hazards of work and the risks of occupational diseases, and that article 82 of the Labour Code obliges the workers to respect the rules, regulations and decisions pertaining to accident prevention, occupational safety and health and the use and maintenance of the relevant equipment. The Committee ventures to point out that Article 7 of the Convention requires that all work premises and the equipment of such premises are to be properly maintained and kept clean. Since the above cited provisions do not apply this provision of the Convention, it requests the Government to indicate the measures taken or contemplated prescribing that all premises used by workers, and the equipment of such premises, must be properly maintained and kept clean.

6. Articles 8, 9, 10, 11, 12, 13, 14, 15, 16, and 18. The Committee notes the Government’s indication that article 79 of the Labour Code requiring the minister responsible to issue, upon consultation with the competent official bodies, instructions prescribing the measures to be taken in all or any establishments to protect workers and establishments against work hazards and occupational diseases (subparagraph (a)); the equipment and material to be provided for the protection of workers from health hazards and occupational diseases and the prevention thereof (subparagraph (b)); and the conditions and standards to be met in industrial establishments to provide an environment free of any pollution, excessive noise and vibration or any potential health hazards for workers, in accordance with adopted international standards (subparagraph (c)). In this respect, the Committee notes the Government’s indication that the instructions to implement article 79 of the Labour Code are not issued yet, but that the Government will not fail to supply a copy of the instructions as soon as they are published. The Committee trusts that the implementing ministerial instructions will be issued in the near future to give effect to the provisions of the following Articles of the Convention, which have been subject to comments for a number of years: Article 8 (sufficient ventilation of work premises); Article 9 (suitable lighting); Article 10 (comfortable and steady temperature at the workplace); Article 11 (layout and arrangement of workstations in a way that there is no harmful effect on worker’s health); Article 12 (supply of wholesome drinking water); Article 13 (sufficient and suitable washing facilities and sanitary conveniences); Article 14 (sufficient and suitable seats); Article 15 (suitable facilities for changing, leaving and drying clothes); Article 16 (appropriate standards of hygiene for underground and windowless premises), and Article 18 (reduction of noise and vibration at the workplace). The Committee hopes that the instructions will also ensure, in accordance with Article 4(b) of the Convention, that such effect as may be possible and desirable under national conditions will be given to the provisions of the Hygiene (Commerce and Offices) Recommendation, 1964 (No. 120).

The Committee requests the Government to provide information on any progress achieved in this respect, and to supply a copy of the relevant instructions as soon as they are promulgated.