Posted the: 2012-02-17 Numac: 2007015102 Foreign Affairs, external trade and development COOPERATION FEDERAL PUBLIC SERVICE June 3, 2007. -Act for consent to Convention No. 155 on the safety and health of workers, adopted at Geneva on 22 June 1981 by the General Conference of the international organization of labour (1) (2) ALBERT II, King of the Belgians, to all present and future salvation.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
S. 2. the Convention No. 155 on the safety and health of workers, adopted at Geneva on 22 June 1981 by the General Conference of the International Labour Organization, will release its full and complete effect.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given to Brussels, June 3, 2007.
ALBERT by the King: Foreign Minister K. DE GUCHT Minister of employment, P. VANVELTHOVEN sealed with the seal of the State: the Minister of Justice, Ms. L. ONKELINX _ Notes (1) Session 2006-2007.
Documents: Bill filed March 14, 2007, no. 3 - 2118/1.
Report, no. 3-2118/2.
Parliamentary Annals Discussion, meeting of March 29, 2007.
Vote, meeting of March 29, 2007.
House of representatives.
Documents: Draft transmitted by the Senate, no. 51-3050/1. Text adopted in plenary meeting and submitted to the Royal assent, no. 51-3050/2.
Parliamentary Annals Discussion, session of 19 April 2007.
Vote, April 19, 2007 meeting.
((2) see the Decree of the Flemish community / the Flemish Region on July 4, 2008 (Moniteur belge of 29 August 2008 - ed. 2), the Decree of the French community of November 14, 2008 (Moniteur belge of January 23, 2009 - ed. 3), Decree of the German-speaking community of November 22, 2010) (Moniteur belge of 10 December 2010 - ed. 2), the Decree of the Walloon Region from November 20, 2008 (Moniteur belge of 5 December 2008 - ed. 3 and 8 December) 2008 - Ed. (2) and the common order of the Community Commission of the Brussels-Capital Region on April 19, 2007 (Moniteur belge of 19 June 2007 - Ed. 1).
Convention No. 155 on safety, and the general health of workers. the Conference of the International Labour Organization convened at Geneva by the governing body of the international labour office, and having met in its sixty-seventh session on 3 June 1981.
After deciding to adopt various proposals on security and hygiene in the workplace, which is the sixth item on the agenda of the session;
Having determined that these proposals shall take the form of an International Convention, adopts, this twenty-second day of June one thousand nine hundred and eighty-one the following Convention, which will be referred to as the Convention on the safety and health of workers, 1981.
Part Ier. -Scope and definitions Article 1 1. This Convention applies to all branches of economic activity.
2. a member which ratifies this Convention may, after consultation, the earliest possible, representative organizations of employers and workers concerned, exclude from its application, either in part or in whole, branches specific economic activities such as shipping and fishing, when this application raises specific problems of some importance.
3. each Member which ratifies this Convention shall, in the first report on the application of it that he is required to submit under article 22 of the Constitution of the International Labour Organization, indicate, with supporting reasons, industries that have been the subject of an exclusion in accordance with paragraph 2 above, in describing the measures taken to provide adequate protection to workers in excluded branches , and expose, in subsequent reports any progress made towards wider application.
Article 2 1. This Convention applies to all workers in the branches of economic activity covered.
2. a member which ratifies this Convention may, after consultation, the earliest possible, representative organizations of employers and workers concerned, exclude from its application, either in part or in whole, of limited categories of workers for which there is the particular problems of application.
3. each Member which ratifies this Convention shall, in the first report on the application of it that he is required to submit under article 22 of the Constitution of the International Labour Organization, indicate, with supporting reasons, limited categories of workers who have been the subject of an exclusion in accordance with paragraph 2 above and expose, in future reports any progress made towards wider application.
Article 3 for the purposes of this Convention: a) the term branches of economic activity covers all branches in which workers are employed, including the public service;
(b) workers means all persons employed, including public officials;
(c) the workplace refers to all places where workers need to be or to go because of their work and which are under the direct or indirect control of the employer;
(d) the term requirements aims all the provisions to which the authority or the competent authorities given force of law;
(e) the term health, in relation to the work, is not merely the absence of disease or infirmity; It also includes the physical and mental elements affecting health directly related to safety and hygiene of work.
Part II. -Principles of national policy Article 4 1. Any Member shall, in the light of the conditions and practice and in consultation with the most representative organizations of employers and workers, define, implement and periodically review a coherent national policy, health workers, and workplace safety.
2. this policy will be to prevent accidents and damage to health which are the result of work, work-related or occur during labour, reducing to the minimum the causes of risks in the workplace, insofar as it is reasonable and practicable.
Article 5 mentioned policy article 4 shall take account of the major spheres of action below, insofar as they affect safety, the health of workers and the workplace: a) design, testing, choice, replacement, installation, installation, use and maintenance of the physical components of the work (workplaces, working environment, tools, machinery and equipment substances and agents chemical, physical, and biological processes work);
(b) linkages between hardware components work and the people who perform or supervise the work, as well as the adaptation of machinery, equipment, time to work, the Organization of work and work processes to physical and mental workers;
c) training and necessary further training, qualifications and motivation of the people who are involved, in one way or another, so that levels of security and adequate hygiene be met;
(d) communication and cooperation at the level of the Working Group and of the company and all other levels appropriate to the national level included;
(e) protection of workers and their representatives from disciplinary measures resulting from actions carried out by them properly in accordance with the policy referred to in article 4 above.
Article 6 the formulation of the policy referred to in article 4 above shall specify the functions and responsibilities, safety, health workers and community work, public authorities, employers, workers and other interested persons taking into account the complementarity of these responsibilities and the conditions and practice national.
Article 7 the situation, health workers, and workplace safety shall be subject, at appropriate intervals, a test set or review on specific sectors in order to identify issues, to identify effective ways to solve and priorities of action, and evaluating the results.
Part III. -Action at the national level Article 8 each Member shall, by legislative or regulatory provision or any other method consistent with the conditions and at the national practice, and in consultation with the representative organizations of employers and workers concerned, take the measures necessary to give effect to article 4 above.
Article 9 1. Monitoring the application of laws and the requirements concerning safety, hygiene and the working environment shall be provided by an appropriate and adequate inspection system.
2. the control system should provide sanctions appropriate infringement laws or requirements.
Article 10 of the measures should be taken to provide advice to employers and workers in order to help them to comply with their legal obligations.
Article 11 in respect of measures to give effect to the policy referred to in article 4 above, the authority or the
competent authorities shall progressively ensure the following functions: has) determination, there or the nature and degree of hazards so require, of conditions governing the design, construction and management of enterprises, their commissioning, the major changes to be made to them or any changes to their first destination, as well as the safety of technical equipment used at work and the application of procedures defined by the competent authorities;
(b) the determination of work processes which must be prohibited, limited or subject to authorization or control authority or the competent authorities, as well as the determination of substances and agents to which all exposures shall be prohibited, limited or subject to authorization or control authority or competent authorities; the health risks that are caused by simultaneous exposure to several substances or agents shall be taken into account;
c) the establishment and application of procedures for the notification of accidents of work and cases of occupational diseases by employers and, when appropriate, by the institutions of insurance and other bodies or persons directly concerned; and the preparation of annual statistics on occupational accidents and occupational diseases;
(d) the execution of investigation when an accident at work, a case of occupational disease or other injury to health occurring during labour or related to it appears to reflect serious situations;
(e) the annual publication of information on the measures taken in pursuance of the policy referred to in article 4 above as well as on occupational accidents, cases of occupational diseases and the other health damage occurring during labour or related to it;
(f) the introduction or development, account required conditions and national opportunities, systems for the investigation of the chemical, physical or biological agents, from the point of view of their risk to the health of workers.
Article 12 of the measures shall be taken in accordance with the legislation and practice so that the people who design, manufacture, import, put into circulation or yield to a title any machinery, equipment or substances for professional use: has) shall ensure that, insofar as this is reasonable and practicable, machines, devices, or the substances in question are no danger to the safety and health of persons who the use properly;
(b) provide information regarding the installation and proper use machines and materials so that the use of the substances, the risks machinery and equipment and the hazardous characteristics of chemicals, physical and biological products or agents, as well as instructions on how to protect themselves against the known risks;
c) carry out studies and research or are aware of any other way to the evolution of scientific and technical knowledge, to fulfil the obligations imposed on them under paragraphs a) and b) above.
Article 13 a worker who withdrew from a work situation which it had reasonable cause to believe that she presented a danger imminent and serious for his life or health shall be protected against unjustified consequences, in accordance with the conditions and in practice national.
Article 14 measures shall be taken to encourage, in accordance with the conditions and practice, the inclusion of security issues, hygiene and working environment in programmes of education and training at all levels, including higher technical, medical and professional education to meet the training needs of all workers.
Article 15 1.
To ensure the coherence of the policy referred to in article 4 above and the measures taken in application of this policy, any Member shall, after consultation, the earliest possible, with the organizations of employers and workers the most representative, and where appropriate with other appropriate agencies, adopt provisions consistent with the conditions and practice, to ensure the necessary coordination between various authorities and various agencies to give effect to the parties II and III of the Convention.
2. whenever circumstances so require and national conditions and practice permit, these arrangements shall include the establishment of a central body.
Part IV. -Action at the level of the enterprise Article 16 1. Employers should be required to ensure that, insofar as this is reasonable and practicable, the workplaces, machinery, equipment and work processes under their control are no risk to the safety and health of workers.
2. employers shall be required to ensure that, to the extent where it is reasonable and practicable, substances and chemical, physical and biological agents under their control are not health risk when adequate protection is ensured.
3. the employers will be required to provide, where necessary, protective clothing and protective equipment adequate to prevent, insofar as is reasonably practicable, risk of accidents or of adverse effects on health.
Article 17 whenever several companies simultaneously engage in activities on a single place of work, they should work together to implement the provisions of this Convention.
Article 18 employers must be required to provide, where necessary, for measures to cope with emergencies and accidents, including adequate resources for the administration of first aid.
Article 19 of the rules should be taken at the level of the undertaking under which: has) workers, in the context of their work, cooperate in the fulfilment of the obligations of the employer;
(b) representatives of workers in the company will cooperate with the employer in the field of safety and hygiene of work;
(c) representatives of workers in the company will receive adequate information regarding the measures taken by the employer to ensure the safety and health; they will be able to consult their representative organisations about such information provided they do not disclose commercial secrets;
(d) workers and their representatives in the undertaking will receive appropriate training in the field of safety and hygiene of work;
(e) workers or their representatives and, as appropriate, their representative in the business organizations will be empowered, in accordance with the legislation and national practice, to examine all aspects of safety and health associated with their work and will be consulted thereon by the employer; to this end, it may be appealed, by mutual agreement, to technical advisers taken outside the company;
(f) the worker report immediately to his direct supervisor any situation which he has reasonable cause to believe that it presents an imminent danger and serious to his life or health, and, until the employer has taken steps to address them, if necessary, it may ask the workers to resume work in a situation where persists an imminent danger and serious risk to the life or health.
Article 20 cooperation between employers and workers and/or their representatives in the undertaking shall be an essential element of the provisions made in the Organization and in other areas, in accordance with articles 16 to 19 above.
Article 21 measures of security and hygiene work must result in no cost to the workers.
Part v - Final provisions Article 22 this Convention not revising for any Convention or existing international labour recommendation.
Article 23 the formal ratifications of this Convention shall be communicated to the Director-general of the international Bureau of labour and by him registered.
Article 24 1. This agreement shall bind the members of the International Labour Organization whose ratification will have been registered by the Director general.
2. it will enter into force 12 months after the ratifications of two members are registered by the Director-general.
3. Subsequently, this Convention shall enter into force for each Member twelve months after the date where its ratification has been registered.
Article 25 1. Any Member that has ratified this Convention may denounce on the expiry of a period of ten years after the date of the initial implementation of the Convention, by an act communicated to the Director-general of the international labour office and by him registered. The denunciation will take effect a year after having been registered.
2. any Member that has ratified this Agreement who, within the period of one year after the expiry of the period of ten years mentioned in the preceding paragraph, will not make use of the option of denunciation provided for in this article will be bound by a further period of ten years and, thereafter, may
denounce this Convention at the expiration of each period of ten years under the conditions laid down in this article.
Article 26 1. The Director general of the international labour office shall notify all members of the International Labour Organization of the registration of all ratifications and denunciations that will be communicated to him by the members of the organization.
2. by notifying Members of the Organization to the registration of the second ratification which will have been communicated to him, the Director-general will draw the attention of the members of the Organization on the date on which this Convention enters into force.
Article 27 the Director general of the international labour office shall communicate to the Secretary-General of the United Nations, for registration in accordance with article 102 of the Charter of the Nations United, complete information about all ratifications and acts of denunciation that it will be registered in accordance with the preceding articles.
Article 28 whenever it deems it necessary, the governing body of the international labour office will present to the General Conference a report on the implementation of this Convention and will consider whether it is appropriate to include in the agenda of the Conference the question of its revision in whole or in part.
Article 29 1. A_le_cas_ou the Conference adopt a new Convention on the total or partial revision of this Convention, and unless the new Convention otherwise provides: a) the ratification by a member of the new revising Convention would of right, notwithstanding article 25 above, involve the immediate denunciation of this Convention, provided that the new revising Convention is in force;
(b) from the date of the entry into force of the new revising Convention, this Convention would cease to be open to ratification by the members.
2. the Convention would remain in force in its form and content for the members which have ratified it but have not ratified the revising Convention.
Article 30 the French and English versions of the text of this Convention are equally authentic.
The foregoing is the authentic text of the Convention duly adopted by the General Conference of the International Labour Organization during its sixty-seventh session which was held at Geneva and declared closed on June 24, 1981.
In witness whereof have hereunto set their signatures, this twenty-fifth day of June 1981.
Convention No. 155 on the safety and health of workers, adopted at Geneva on 22 June 1981 by the General Conference of the international organization of work States /OrganisationDate AuthentificationType of consentementDate of Consentemententree in local force Africa of South Ratification18/02/200318/02/2004 Albania Ratification09/02/200409/02/2005 Algeria Ratification06/06/200606/06/2007 ANTIGUA and BARBUDA Ratification16/09/200216/09/2003 Australia Ratification26/03/200426/03/2005 Bahrain Ratification09/09/200909/09/2010 BELARUS Ratification30/05. 2001-05-200030 Belgium Ratification28/02/201128/02/2012 BELIZE Ratification22/06/199922/06/2000 Bosnia-Herzegovina Ratification02/06/199302/06/1994 Brazil Ratification18/05/199218/05/1993 Cape Verde (Islands) Ratification09/08/200009/08/2001 China (REP. POPULAR) Ratification25/200725 01/01/2008 Cyprus Ratification16/01/198916/01/1990 South Korea Ratification20/02/200820/02/2009 Croatia Ratification08/10/199108/10/1992 CUBA Ratification07/09/198207/09/1983 Denmark Ratification10/07/199510/07/1996 EL SALVADOR Ratification12/10/200012/10/2001 Spain Ratification11/09/198511/09/1986 Ethiopia Ratification28/01/199128/01/1992 Fiji Ratification28/05/200828/05/2009 Finland Ratification24/04/198524/04/1986 Hungary Ratification04/01/199404/01/1995 Ireland Ratification04/04/199504/04. 1996 Iceland Ratification21/06/199121/06/1992 KAZAKHSTAN Ratification30/07/199630/07/1997 LESOTHO Ratification01/11/200101/11/2002 Latvia Ratification25/08/199425/08/1995 LUXEMBOURG Ratification21/03/200121/03/2002 Macedonia (EX - REP. Yugoslav's) Ratification17/11/199117/11/1992 Mexico Ratification01/02/198401/02/1985 Moldova Ratification28/04/200028/04/2001 Mongolia Ratification03/02/199803/02/1999 MONTENEGRO Ratification03/06/200603/06/2007 NIGER Ratification19/02/200919/02/2010 NIGERIA Ratification03/05/199403/05/1995 Norway Ratification22/06/198211/08/1983 New Zealand Ratification12/06/200712/06/2008 Netherlands Ratification22/05/199122/05/1992 PORTUGAL Ratification28/05/198528/05/1986 Republic Central African Ratification05/06/200605/06/2007 Russia Ratification02/07/199802/07/1999
SAO TOME and PRINCIPE Ratification04/05/200504/05/2006 Serbia Ratification24/11/200024/11/2001 SEYCHELLES Ratification28/10/200528/10/2006 Slovakia Ratification01/01/199301/01/1994 Slovenia Ratification29/05/199229/05/1993 Sweden Ratification11/08/198211/08/1983 Syria Ratification19/05/200919/05/2010 Tajikistan Ratification21/10/200921/10/2010 Czech REP.
Ratification01/01/199301/01/1994 Turkey Ratification22/04-200522/04/2006 URUGUAY Ratification05/09/198805/09/1989 VENEZUELA Ratification25/06/198425/06/1985 VIETNAM Ratification03/10/199403/10/1995 ZIMBABWE Ratification09/04/200309/04/2004