Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Hygiene (Commerce and Offices) Convention, 1964 (No. 120) - Iraq (Ratification: 1987)

The Committee notes the information provided by the Government that, in addition to previously referenced legislation, measures to give effect to the Convention include Act No. 8 of 2006 upgrading the National Centre for Occupational Health and Safety to a general directorate within the Ministry, as well as new instructions issued by virtue of Public Health Act No. 89 of 1981. It is not clear to the Committee whether these new instructions are those referred to in previous reports as intended to give effect to Articles 10, 12 and 16 of the Convention. The Committee notes that the newly adopted legislation has not been available to the Committee and it requests the Government to supply copies of this and all other relevant pieces of legislation as soon as they have been adopted. The Committee again draws the Government’s attention to the fact that specific guidelines or directives must be adopted to give effect to the provisions of Convention No. 120. It hopes that the Government will indicate in its next report the progress achieved in this respect.

The Committee notes that no further information has been provided as regards other issues addressed in its previous comments which read as follows:

Article 10. In its previous comments, the Committee noted that section 5(2) of Instructions No. 22 of 1987 provides that appropriate premises equipped with, inter alia, heating and air-conditioning, must be placed at the disposal of workers for resting and taking their meals, and that new detailed instructions on the subject are being prepared in conformity with Law No. 89 of 1981 on Public Health and section 5(2) of the above Instructions. The Committee notes the Government’s information that new detailed directives have been prepared on this subject. The Committee hopes that these new directives cover all the premises used by workers and that they take into account the suggestions made in Part VI of Recommendation No. 120. It requests the Government to supply copies of these instructions as soon as they have been adopted.

Article 12. The Committee notes that detailed directives have been prepared on the general requirements which must be met by enterprises. It hopes that these directives contain provisions ensuring the supply of drinking water at all workplaces. The Committee requests the Government to supply copies of these texts as soon as they have been adopted.

Article 14. In its previous comment, the Committee noted that section 5(2) of Instructions No. 22, which provides that appropriate premises equipped with seats and beds must be placed at the disposal of workers for resting and taking their meals. It therefore requested the Government to provide additional information on the measures taken to ensure that workers are supplied with sufficient and suitable seats in offices and other workplaces and that they are given reasonable opportunities of using them. The Committee notes that the Government’s report does not contain additional information on this point. It therefore requests the Government once again to provide information on the measures which have been taken or are envisaged to ensure that sufficient and suitable seats are supplied for workers.

Article 16. The Committee once again notes that the Government refers to section 5(19) of Instructions No. 22 of 1987 requiring workplaces to comply with hygiene standards, including the hygiene conditions which must be met by ventilation and lighting. The Committee recalls that these provisions are not intended in particular for underground or similar premises. However, the Committee notes that detailed directives have been prepared on this subject. It hopes that the new directives set specific requirements for underground or windowless premises and, in particular, are in conformity with Article 16 and Part XIII of Recommendation No. 120, which provides that, as far as circumstances allow, workers should not be required to work continuously in underground or windowless premises, but should work there in rotation. The Committee requests the Government to provide copies of these directives as soon as they have been adopted.

Finally, the Committee notes from the information provided by the Government in its report that inspectors working in the field of safety and health are obliged to draw up and sign reports on violations of the legislation. The Committee would be grateful if the Government would provide extracts of reports on the activities of the inspection services illustrating the manner in which the Convention is applied in practice.

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

[The Government is asked to reply in detail to the present comments in 2009.]