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

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

Application in practice. The Committee notes the Government’s indication that according to the most recent statistics by the Public Statistics Department, the most frequent infringements relating to occupational safety and health (OSH) regard insufficient OSH measures in workplaces and a lack of commitment by workers to the use of personal protection gear and observance of instructions at work. It also notes the statistical information on the number of occupational injuries, issued by the Public Corporation for Social Security, which have decreased from 16,796 in 2011 to 15,796 in 2013, but notes that no information is provided on the nature and cause of these injuries. The Committee requests the Government to continue to provide information on the application of the Convention in practice, including information on the number, nature and cause of occupational accidents and diseases registered, the number and nature of the contraventions reported, etc.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the information provided in the Government’s report regarding the effect given to Articles 1, 7 and 16 of the Convention. The Committee asks the Government to continue to provide information on legislative measures undertaken with regard to the Convention.

Part IV of the report form. Application in practice. The Committee asks the Government to give a general appreciation of the manner in which the Convention is applied in the country; and to attach extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the legislation; the number and nature of the contraventions reported; and the number, nature and cause of occupational accidents and diseases reported.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes the information contained in the Government’s report, including the adoption of regulations concerning the protection of workers and institutions against risks at the workplace promulgated under section 79 of the Labour Code. The Committee notes with satisfaction that sections 11 and 12 of the Regulations give effect to Articles 8, 9, 10 ,11, 12, 13, 14, 15, 17 and 18 of the Convention.

2. Article 1 of the Convention. Public officials. Further to its previous comments, the Committee notes that the Government’s report contains no further information concerning rules applicable to public officials. The Committee reiterates its request to the Government to supply the text that applies to public officials and to indicate, if any, the measures taken or envisaged to ensure that the Convention is applied to all workers, including public officials, who work in establishments, institutions and administrative services in which they are mainly engaged in office work.

3. Article 7. State of premises and equipment. The Committee notes the indication in the Government’s report to the effect that machinery and instruments are periodically maintained by specialist technicians. The Committee recalls that, under Article 7, all premises used by workers and the equipment of such premises, shall be properly maintained and kept clean. The Committee requests the Government to indicate the measures taken or envisaged to give full effect to Article 7 of the Convention.

4. Article 16. Underground premises. The Committee notes that the abovementioned regulations concerning instructions on the protection of workers and institutions against risks at the workplace contain no provisions that give effect to Article 16 of the Convention (appropriate standards of hygiene in underground or windowless premises). The Committee requests the Government to indicate measures taken or envisaged to give effect to Article 16 of the Convention.

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

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.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

I. The Committee notes the information supplied by the Government in its latest report. In comments it has been making for many years, the Committee has been pointing out that there are no provisions in the legislation to give effect to Article 10 (maintenance of a comfortable and steady temperature at the workplace), Article 11 (workstations arranged so that there is no harmful effect on the health of the worker), Article 14 (sufficient and suitable seats for all workers), Article 15 (suitable facilities for workers to change, leave and dry clothing that is not worn at work), Article 16 (underground or windowless premises in conformity with appropriate standards of hygiene), Article 17 (the protection of workers against substances, processes and techniques which are obnoxious, unhealthy or toxic, including, where necessary, the provision of personal protective equipment) and Article 18 of the Convention (reduction of noise and vibration at the workplace). Since 1976, the Government has referred to the draft Labour Code which is to give effect to the above provisions of the Convention. In its report of August 1993, the Government indicates that the draft Labour Code provides that the necessary measures to apply Articles 10, 14, 15, 16 and 18 of the Convention will be taken in the form of instructions drawn up by the Minister. The Government is asked to indicate the measures that have been taken or are envisaged to ensure that effect is given to Articles 11 and 17 of the Convention.

II. Article 1 of the Convention. 1. The Committee noted from the Government's report for 1991 that the draft Labour Code specifies the measures to be taken to ensure the application, in industrial establishments, of Articles 10 and 16 of the Convention. The Committee recalls that, by virtue of Article 1, the Convention applies to establishments, institutions and administrative services in which the workers are mainly engaged in office work. The Committee again asks the Government to indicate the measures taken or envisaged to ensure that the application of Articles 10 (comfortable and steady temperature at the workplace) and 16 (appropriate standards of hygiene for underground or windowless premises) is extended to establishments where workers are mainly engaged in office work.

2. The Committee noted that, according to the latest version of the draft Labour Code available at the Office, civil servants, employees of the public administration and municipalities are excluded from the provisions of the Code and are covered by special rules. The Government is again asked to indicate the measures taken or envisaged to guarantee that the Convention is applied to all workers, including public employees, in establishments, institutions and administrative services in which workers are mainly engaged in office work.

III. The Committee trusts that the Labour Code and the implementing instructions issued by the Ministry, or any other legal instrument necessary to guarantee that the above-mentioned Articles are applied to establishments covered by the Convention, will be adopted in the very near future and that the Government will ensure, in accordance with Article 4(b), that such effect as may be possible and desirable under national conditions is given to the provisions of the Hygiene (Commerce and Offices) Recommendation, 1964 (No. 120).

The Government is asked to indicate any progress made in adopting the new Labour Code and the ministerial instructions referred to and to provide a copy of any relevant texts adopted in this respect.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

I. The Committee notes the information communicated in the Government's report and the comments communicated by the Amman Chamber of Industry. In comments it has been making for many years, the Committee has referred to the absence of provisions in national law to give effect to Article 10 (maintenance of a comfortable and steady temperature at the workplace), Article 11 (work stations arranged so that there is no harmful effect on the health of the worker), Article 14 (sufficient and suitable seats for all workers), Article 15 (suitable facilities for workers to change, leave and dry clothing that is not worn at work), Article 16 (underground or windowless premises in conformity with appropriate standards of hygiene), Article 17 (the protection of workers against substances, processes and techniques which are obnoxious, unhealthy or toxic, including, where necessary, the provision of personal protective equipment) and Article 18 of the Convention (reduction of noise and vibration at the workplace). Since 1976, the Government has referred to the draft Labour Code which is to give effect to the above provisions of the Convention. In its report of February 1991, the Government has indicated that efforts were being made in the Legislative Council to promulgate the draft Code and to submit it to the Council of the Nation.

II. Article 1 of the Convention. 1. The Committee notes from the Government's latest report that the draft Labour Code provides for measures to be taken to ensure the application, in industrial establishments, of Articles 10 and 16 of the Convention. The Committee would recall that, by virtue of Article 1, the provisions of the Convention shall be applied to establishments, institutions and administrative services in which the workers are mainly engaged in office work. The Government is requested to indicate the measures taken or envisaged to ensure the application of Article 10 (comfortable and steady temperature at the workplace) and Article 16 (appropriate standards of hygiene for underground or windowless premises) in establishments where the workers are mainly engaged in office work.

2. The Committee notes from the latest version of the draft Labour Code made available to the Office that civil servants, public administration and municipalities are excluded from the provisions of the Code and shall be covered by special rules. The Government is requested to indicate, in its next report, the measures taken or envisaged to ensure the application of the Convention to all workers in establishments, institutions and administrative services who are mainly engaged in office work, including civil servants.

III. The Committee notes the Government's indication in its latest report that ministerial decrees based upon the advice given by the competent official commissions shall ensure that practical and adequate measures be taken to reduce air pollution, noise and vibration (Articles 17 and 18), that comfortable chairs for male and female workers are provided (Article 14) and that protective equipment is used by workers. The Government is requested to indicate the measures taken to adopt the ministerial decrees referred to and to supply a copy of any relevant texts adopted in this regard.

The Committee trusts that the Labour Code and implementing ministerial orders and any other legislation necessary to ensure the application of the above-mentioned Articles to the establishments covered by the Convention will be adopted in the very near future and that the Government will also, in accordance with Article 4(b), give such effect as may be possible and desirable under national conditions to the provisions of the Hygiene (Commerce and Offices) Recommendation, 1964 (No. 120).

[The Government is requested to report in detail for the period ending 30 June 1994.]

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

With reference to its previous comments, the Committee notes from the Government's latest report that, due to social and economic circumstances prevailing in the labour market, the draft Labour Code, which has been the subject of its comments since 1976, is still before the Council of Ministers. It notes the Government's indication that all social partners concerned have participated in the discussions on the draft Labour Code. The Government has also indicated that the representative organisations concerned have been invited to present new proposals and observations in order to take into account information which has come to light since 1983 concerning the economic and social life at the local, regional and international level. The committee responsible for drafting the Code is then to meet at regular intervals in order to review the draft in light of these new circumstances and to submit this information, along with any amendments deemed necessary, to the Council of Ministers for promulgation. In this regard, the Committee recalls the indication made by the Government in its 1982 report to the effect that the draft Labour Code should ensure the application of: Article 10 (maintenance of a comfortable and steady temperature at the workplace); Article 11 (workstations arranged so that there is no harmful effect on the health of the worker); Article 14 (sufficient and suitable seats for all workers); Article 16 (underground or windowless premises in conformity with appropriate standards of hygiene); Article 17 (the protection of workers against substances, processes and techniques which are obnoxious, unhealthy, toxic or for any reason harmful, including, where necessary, the provision of personal protective equipment); and Article 18 (reduction of noise and vibration at the workplace). The Committee also recalls that, in many circumstances, implementing measures will need to be taken by ministerial order so as to ensure that full effect is given to these provisions.

Furthermore, the Committee wishes to point out once again the following discrepancies which were present in the last version of the draft Labour Code made available to the Office:

- section 133(c) of the draft Labour Code provides for the placing of seats at the disposal of women, whereas, under Article 14 of the Convention, sufficient and suitable seats must be supplied for all workers;

- section 144 of the draft Labour Code (to which the Government refers in relation to Article 15 of the Convention) provides for the use of personal protective equipment but does not provide for suitable facilities for the workers to change, leave and dry clothing that is not worn at work, as required by Article 15 of the Convention.

The Committee trusts that the Labour Code and implementing ministerial orders will be adopted very shortly and shall give effect to the above-mentioned Articles of the Convention, and will also, in accordance with Article 4(b), give such effect as may be possible and desirable under national conditions to the provisions of the Hygiene (Commerce and Offices) Recommendation, 1964. The Government is requested to indicate all progress made in this connection.

Observation (CEACR) - adopted 1989, published 76th ILC session (1989)

See under general observations, as follows:

For a number of years the Committee has been making comments on the need to take measures to give full effect to certain provisions of Conventions Nos. 119, 120 and 124, and the Government has stated that these comments will be taken into account in the draft of the new Labour Code. The Committee notes from the Government's most recent reports that the procedure for the adoption of the new Labour Code does not appear to have made progress. It can only express the hope that the draft Labour Code will be adopted in the near future, or that the Government will take other appropriate measures to give effect to the provisions of these Conventions, and that the next report on each of these Conventions will indicate the measures taken for this purpose.