Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Safety and Health in Construction Convention, 1988 (No. 167) - Hungary (Ratification: 1989)

The Committee notes the detailed report submitted by the Government, including information regarding relevant legislation and statistics regarding application in practice of the Convention. Based on available information, the Committee notes the effect given to Articles 16, 19, 21 and 23 of the Convention.

Part IV of the report form. Application in practice. As regards application in practice, the Committee notes the statistical data provided regarding the construction industry, including information on infringements of relevant legislation in 2006–09, and the number of occupational accidents recorded in 2007–09. In terms of infringements, the information provided seems to indicate a downward trend regarding infringements of rules concerning protective equipment and an upward trend regarding infringements of the rules on shock protection. As regards the information regarding occupational accidents, it is difficult to determine any distinct trends. The Committee also notes the information in the Government’s report that, following consultations with employers’ and workers’ organizations – including on the workers’ side the National Federation of Autonomous Trade Unions; the Trade Union of Intellectuals; the Democratic League of Independent Trade Unions; the National Confederation of Workers’ Councils; and the Co-operation Forum of Trade Unions – the workers’ organizations have observed that resolutions on imposing labour protection fines were passed only for a fraction of the breaches of labour protection. In response thereto, the Government indicates that the inspection authority may impose a labour protection fine only in cases provided for in section 82(1) of Act XCIII of 1993 on labour protection which provides, inter alia, that fines be imposed in situations where the infringements “seriously endanger the life, physical integrity and health of workers” and that the inspector shall resort to misdemeanour proceedings in other cases implying serious risks. The Committee requests the Government to provide further information on measures taken to address the upward trend regarding infringements of rules on shock protection and on how section 82(1) of Act XCIII of 1993 is applied in practice in the light of the comments of the workers’ organizations.