Law Approving Convention No. 161 On Occupational Health Services, Adopted In Geneva On June 26, 1985, By The General Conference Of The International Organization Of Labour (1) (2)

Original Language Title: Loi portant assentiment à la Convention n° 161 sur les services de santé au travail, adoptée à Genève le 26 juin 1985 par la Conférence générale de l'Organisation internationale du Travail (1) (2)

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3 JUIN 2007. - Act to approve the Convention on Occupational Health Services, adopted at Geneva on 26 June 1985 by the General Conference of the International Labour Organization (1) (2)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Convention No. 161 on Occupational Health Services, adopted at Geneva on 26 June 1985 by the General Conference of the International Labour Organization, will come out with its full effect.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels, 3 June 2007.
ALBERT
By the King:
Minister of Foreign Affairs,
K. DE GUCHT
Minister of Employment,
P. VANVELTHOVEN
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Notes
(1) 2006-2007 session.
Senate:
Parliamentary documents. - Bill tabled on March 14, 2007, No. 3-2117/1. - Report, number 3-2117/2.
Annales parliamentarians. - Discussion: meeting of March 29, 2007. - Vote: meeting of 29 March 2007.
House of Representatives:
Parliamentary documents. - Project transmitted by the Senate, No. 51-3049/1. - Text adopted in plenary and subject to Royal Assent, No. 51-3049/2.
Annales parliamentarians. - Discussion: meeting of April 19, 2007. - Vote: meeting of 19 April 2007.
(2) See the decree of the Flemish Community/Flemish Region of 4 July 2008 (Moniteur belge of 29 August 2008 - Ed. 2), the decree of the French Community of 26 March 2009 (Moniteur belge of 27 May 2009 - Ed. 1), the decree of the German-speaking Community of 22 November 2010) (Moniteur belge of 10 December 2010 - Ed. 2), the decree of the Walloon Region of 30 April 2009 (Moniteur

Convention No. 161 on Occupational Health Services, adopted at Geneva on 26 June 1985 by the General Conference of the International Labour Organization
The General Conference of the International Labour Organization,
Convened in Geneva by the Board of Directors of the International Labour Office and met on 7 June 1985 at its seventy-first session;
Noting that the protection of workers against general or occupational diseases and occupational accidents is one of the tasks of the International Labour Organization under its Constitution;
Noting international labour conventions and recommendations, in particular the recommendation on the protection of workers ' health, 1953; Recommendation on Occupational Medicine Services, 1959; the Convention concerning Workers' Representatives, 1971, as well as the Convention and Recommendation on Workers' Safety and Health, 1981, which establish the principles of national policy and action at the national level;
Having decided to adopt various proposals on occupational health services, which constitutes the fourth item on the agenda of the session;
After deciding that these proposals would take the form of an International Convention, this twenty-sixth day of June, nine hundred and eighty-five, adopts the following Convention, to be known as the Labour Health Services Convention, 1985.
PART Ire. - Principles of a National Policy
Article 1er
For the purposes of this Convention:
(a) the expression occupational health services means a service with essentially preventive functions and is responsible for advising the employer, workers and their representatives in the company with respect to:
(i) the requirements required to establish and maintain a safe and safe working environment that promotes optimal physical and mental health in relation to work;
(ii) adapting work to the capacity of workers in the light of their physical and mental health;
(b) the expression representing workers in the company means persons recognized as such under national legislation or practice.
Article 2
In the light of national conditions and practice and in consultation with the most representative employers and workers' organizations, where they exist, any Member must define, implement and periodically review a coherent national policy on occupational health services.
Article 3
1. Each Member undertakes to progressively institute occupational health services for all workers, including those in the public sector and co-operators of production cooperatives, in all branches of economic activity and all enterprises; arrangements should be adequate and appropriate to the specific risks prevailing in enterprises.
2. If occupational health services cannot be instituted immediately for all businesses, any Member concerned must, in consultation with the most representative employers and workers' organizations, when they exist, develop plans for their institution.
3. Any Member concerned shall, in the first report on the application of the Convention, indicate in accordance with Article 22 of the Constitution of the International Labour Organization the plans it has drawn up under paragraph 2 of this article and shall state, in subsequent reports, any progress made towards their implementation.
Article 4
The competent authority shall consult with the organizations of the most representative employers and workers, where they exist, on the measures to be taken to give effect to the provisions of this Convention.
PART II. - Functions
Article 5
Without prejudice to the responsibility of each employer with respect to the health and safety of the workers employed by the employer, and with due regard to the need for workers to participate in occupational health and safety, the occupational health services must provide those of the following functions that will be adequate and appropriate to the risks of the company for occupational health:
(a) identify and assess the health risks at work;
(b) monitor workplace factors and work practices that may affect the health of workers, including health facilities, canteens and housing, when these facilities are provided by the employer;
(c) provide advice on the planning and organization of work, including the design of workplaces, on the choice, maintenance and status of machinery and equipment and on substances used in the work;
(d) participate in the development of work practices improvement programs as well as in the testing and evaluation of new equipment on health aspects;
(e) providing advice in the areas of occupational health, safety and hygiene, ergonomics, as well as in the areas of individual and collective protection equipment;
(f) monitor the health of workers in relation to work;
(g) promoting labour adaptation to workers;
(h) contribute to vocational rehabilitation measures;
(i) collaborate in disseminating information, training and education in the areas of occupational health and hygiene and ergonomics;
(j) Organize first aid and emergency care;
(k) participate in the analysis of occupational accidents and diseases.
PART III. - Organization
Article 6
Arrangements must be made for the establishment of occupational health services:
(a) through legislation;
(b) by collective agreements or other agreements between employers and interested workers;
(c) by any other means approved by the competent authority after consultation with representative organizations of employers and interested workers.
Article 7
1. Occupational health services may be organized, as the case may be, either as services serving a single company or as services serving several businesses.
2. In accordance with national conditions and practice, occupational health services may be organized by:
(a) interested companies or business groups;
(b) Government or official services;
(c) social security institutions;
(d) any other body authorized by the competent authority;
(e) any combination of previous formulas.
Article 8
The employer, workers and their representatives, where they exist, must cooperate and participate in the implementation of the organization of occupational health services and other measures affecting them on a fair basis.
PART IV. - Operating conditions
Article 9
1. In accordance with national legislation and practice, occupational health services should be multidisciplinary. The composition of staff shall be determined by the nature of the tasks to be performed.
2. Occupational health services must perform their functions in collaboration with other services of the company.
3. Measures must be taken, in accordance with national legislation and practice, to ensure adequate cooperation and coordination between health services at work and, to the extent appropriate, with other services involved in the granting of health benefits.
Article 10
Staff who provide occupational health services must enjoy full professional independence in respect of the employer, workers and their representatives, where they exist, in relation to the duties stipulated in Article 5.
Article 11
The competent authority shall determine the qualifications required of personnel to provide health services to work according to the nature of the tasks to be performed and in accordance with national legislation and practice.
Article 12
Supervision of the health of workers in relation to work shall not result in any loss of gain; it must be free and take place as much as possible during working hours.
Article 13
All workers must be informed of the health risks inherent in their work.
Article 14
Occupational health services must be informed by the employer and workers of any known factor and any suspicious factors in the workplace that may affect the health of workers.
Article 15
Occupational health services must be informed of cases of illness among workers and absences of work for health reasons, in order to be able to identify any relationship between the causes of this disease or absence and the health risks that may arise in the workplace. Staff who provide occupational health services should not be required by employers to verify the reasons for the absence of work.
PART V. - General provisions
Article 16
National legislation must designate the authority or authorities responsible for monitoring the operation of health services at work and advise them once they have been established.
Article 17
The formal ratifications of this Convention shall be communicated to the Director-General of the International Labour Office and recorded by him.
Article 18
1. This Convention shall be binding only on Members of the International Labour Organization whose ratification has been registered by the Director General.
2. It will enter into force twelve months after the ratifications of two Members have been registered by the Director-General.
3. Subsequently, the Convention shall enter into force for each Member twelve months after the date of its ratification.
Article 19
1. Any Member who has ratified this Convention may denounce it at 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 registered to it. The denunciation will only take effect one year after being registered.
2. Any Member that has ratified this Convention that, within one year after the expiration of the ten-year period referred to in the preceding paragraph, shall not make use of the denunciation faculty provided for in this Article shall be bound for a further ten-year period and, thereafter, may denounce this Convention at the expiry of each ten-year period under the conditions provided for in this Article.
Rule 20
1. The Director General of the International Labour Office will notify all Members of the International Labour Organization of the registration of all ratifications and denunciations that will be communicated to it by the Members of the Organization.
2. In notifying the Members of the Organization the registration of the second ratification that has been communicated to it, the Director-General will draw the attention of the Members of the Organization to the date on which this Convention will enter into force.
Article 21
The Director-General of the International Labour Office will provide the Secretary-General of the United Nations, for registration, in accordance with Article 102 of the Charter of the United Nations, with full information on all ratifications and denunciations registered in accordance with the preceding articles.
Article 22
Each time it deems necessary, the Board of Directors of the International Labour Office will present to the General Conference a report on the implementation of this Convention and will consider whether the issue of complete or partial revision should be included in the agenda of the Conference.
Article 23
1. Should the Conference adopt a new Convention for the full or partial revision of this Convention, and unless the new Convention otherwise provides:
(a) the ratification by a Member of the new Revision Convention would entail full right, notwithstanding article 19 above, immediate denunciation of this Convention, provided that the new Revision Convention has entered into force;
(b) from the date of the entry into force of the new Review Convention, this Convention would cease to be open to ratification by Members.
2. This Convention would in any case remain in force in its form and content for those Members who have ratified it and who would not ratify the Review Convention.
Article 24
The English and French versions of the text of this Convention are equally authentic.

Convention No. 161 on Occupational Health Services, adopted at Geneva on 26 June 1985 by the General Conference of the International Labour Organization