Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Algeria

Hygiene (Commerce and Offices) Convention, 1964 (No. 120) (Ratification: 1969)
Occupational Safety and Health Convention, 1981 (No. 155) (Ratification: 2006)
Safety and Health in Construction Convention, 1988 (No. 167) (Ratification: 2006)

In order to provide a comprehensive view of the issues relating to the application of the Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 120 (hygiene – commerce and office), 155 (OSH) and 167 (OSH in construction) together.

The Committee notes the information provided by the Government in its reports in response to the Committee’s previous comments on the following Articles:

• -Convention No. 155: Articles 4 and 7 (periodic review of national policy and the national situation with regard to OSH); Article 5(a) and (b) (control of material elements of work and adaptation of the working environment to workers); Article 12(a) and (b) (requirements for workers who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use); and Article 20 (measures taken to ensure cooperation between employers and workers in the enterprise);
• -Convention No. 167: Article 6 (cooperation between employers and workers).

Draft on the Labour Code. The Committee notes the draft on the Labour Code, dated October 2015, which was sent by the Government. It notes that this text contains a set of provisions on OSH (Book VI of the draft) and aims to codify the provisions of the national legislation in force, namely Act No. 88-07 of 26 January 1988 on occupational hygiene, safety and health (Act No. 88-07) and its implementing regulations. The draft provides that all provisions that are contrary to the Labour Code shall be repealed through the adoption of the Code, and that the provisions of regulations adopted pursuant to the legislation concerned shall remain in force until they are replaced, on condition that they are in conformity with the provisions of the Labour Code. Recognizing the scope of the legislative revision process under way, the Committee requests the Government to take into account the points raised below, in order to ensure the full conformity of the legislation with the ratified Conventions on OSH, in the context of the ongoing reform process.

General provisions

Safety and health of workers (Convention No. 155)

Article 13 of the Convention. Protection of workers who have removed themselves from a work situation presenting an imminent and serious danger. In the absence of a reply from the Government on this point, the Committee once again requests the Government to provide information on any measures taken to ensure the protection of workers against any unjustified consequences if they have removed themselves from a situation which they have reasonable justification to believe presents an imminent and serious danger.

Protection in specific branches of activity

Hygiene in commerce and offices (Convention No. 120)

Articles 14 and 18 of the Convention. Suitable seats for workers. Protection against noise and vibrations. In its previous comment, the Committee requested the Government to take the necessary measures to give effect to Articles 14 and 18 of the Convention. The Committee notes that the Government once again refers, in its report, to a draft Executive Decree amending Executive Decree No. 91-05 of 19 January 1991 on the general protection requirements applicable to hygiene and safety in the work environment. The Committee requests the Government to provide information on all progress made in this regard, and to provide a copy of the aforementioned Executive Decree once it has been adopted.

Safety and health in construction (Convention No. 167)

Articles 14–24 and 27 of the Convention. Technical standards. Prevention and protection measures. Scaffolds and ladders; lifting appliances and gear; transport, earth-moving and materials-handling equipment; plant, machinery, equipment and hand tools; work at heights; excavations and underground works; cofferdams and caissons; work in compressed air; structural frames and formwork; work over water; and demolition. Explosives. In its previous comment, the Committee noted that the following Executive Decrees gave partial effect to Articles 14–19 and 21–24 of the Convention: No. 05-12 of 8 January 2005 on specific hygiene and safety requirements applicable to the construction, public works and hydraulics sectors; No. 91-05 of 19 January 1991 on the general protection requirements applicable with regard to occupational hygiene and safety; and No. 2-427 of 7 December 2002 on the conditions for the organization and provision of information and the training of workers in the area of prevention of occupational risks. It also noted that no information had been provided by the Government on the application of Article 20. With regard to Article 27, the Committee noted the Government’s indication that the provisions governing explosives were being prepared in the context of technical safety regulations. The Committee notes the Government’s indication that draft technical regulations have been developed and will be adopted in consultation with the housing, urban planning, public works and transport, and water resources sectors, and with the social and economic partners and parties involved in the prevention of occupational risks. The Committee requests the Government to take into account the detailed provisions of Articles 14–24 and 27 of the Convention in the formulation of the technical safety regulations, and to send a copy of the regulations once they have been adopted.

Application of the Conventions in practice. Adequate inspection services. The Committee refers to its comments on the Labour Inspection Convention, 1947 (No. 81).