Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

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

Legislation. The Committee notes the Government’s indication that work has begun to amend the Order of 19 July 2006 establishing the conditions for the measurement of levels of exposure to noise in order to take into account the requirements of standard NF EN ISO 9612 of May 2009 and Annex B of standard NF EN 458 of March 2005. It further notes that factors related to exposure to noise and mechanical vibration have been taken into account in the context of the creation of personal accounts for the prevention of arduous working conditions, which are intended to allow any worker exposed to one or several factors of arduous work to be entitled to vocational training, part-time work or early retirement. The Committee requests the Government to continue providing information on the progress made in the amendment of the Order of 19 July 2006.

Article 5(4) of the Convention. Opportunity for representatives of the employer and representatives of the workers to accompany inspectors. In the absence of a reply to its previous request in this regard, the Committee once again requests the Government to indicate the measures taken or envisaged to ensure that representatives of the employer and representatives of the workers have the opportunity to accompany inspectors supervising the application of the measures prescribed in pursuance of the Convention.

Article 7(2). Right of workers or their representatives to present proposals, to obtain information and training and to appeal to appropriate bodies. The Committee notes the information provided by the Government on the provisions of the Labour Code that provide for the consultation of the committee on health, safety and working conditions on measures to reduce exposure to mechanical vibration and noise and the right of workers to obtain the results and analysis of medical examinations, as well as information and general training on exposure to mechanical vibration and noise. The Committee requests the Government to indicate whether committees on health, safety and working conditions are consulted on issues relating to air pollution in the working environment. It also requests the Government to indicate whether workers and their representatives have the right to obtain information and training on protection against occupational hazards due to air pollution in the working environment.

Article 12. Processes, substances, machinery and equipment, the use of which is to be notified to the competent authority. With reference to its previous comments, the Committee notes that the Government reiterates that there is no requirement to notify the competent authorities of the use of processes, substances, machinery or equipment which involve exposure to air pollution, noise or vibration. The Committee requests the Government take the necessary measures, in law and practice, to establish the requirement to notify the competent authority of the use of processes, substances, machinery and equipment which involve exposure of workers to occupational hazards in the working environment due to air pollution, noise or vibration.