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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Posted the: 2012-02-17 Numac: 2007015101 Foreign Affairs, external trade and development COOPERATION FEDERAL PUBLIC SERVICE June 3, 2007. -Law concerning consent to Convention No. 161 on occupational health services, adopted in Geneva on June 26, 1985, by the General Conference of the international organization of work (1) (2) ALBERT II, King of the Belgians, to all, present and future, hi.
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. 161 on health services at work, adopted at Geneva on 26 June 1985 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.
Senate: Parliamentary Documents. -Bill filed March 14, 2007, no. 3 - 2117/1. -Report, n ° 3-2117/2.
Parliamentary Annals. -Discussion: meeting of March 29, 2007. -Vote: meeting of March 29, 2007.
House of representatives: parliamentary Documents. -Draft transmitted by the Senate, no. 51-3049/1. -Text adopted in plenary and subject to Royal assent, meeting No. 51-3049/2.
Parliamentary Annals. -Discussion: meeting of 19 April 2007. -Vote: meeting of 19 April 2007.
((2) see the Decree of the Flemish community / the Flemish Region on July 4, 2008 (Moniteur belge of 29 August 2008 - ed. 2), Decree of the French community of March 26, 2009 (Moniteur belge of May 27, 2009 - Ed. 1), the Decree of the German-speaking community of November 22, 2010) (Moniteur belge of December 10, 2010 - Ed. 2), the Decree of the Walloon Region from April 30, 2009 (Moniteur belge of 27mai 2009 - Ed 1-May 28, 2009-) Ed. 1), the order of the Region of Brussels - capital of December 7, 2006 (Moniteur belge of January 3, 2007 - Ed 1), and the order of the common Community Commission of the Brussels-Capital Region from April 19, 2007 (Moniteur belge of 19 June 2007 - ed. 1).

Convention No. 161 on occupational health services, adopted in Geneva on June 26, 1985, by the General Conference of the international organization of the work. the General Conference of the International Labour Organization convened at Geneva by the governing body of the international labour office, and having met in its seventy-first session on 7 June 1985;
Noting that the protection of workers against General or professional diseases and the resulting accidents of work is one of the tasks entrusted to the International Organisation of labour under its Constitution;
Noting the conventions and international labour recommendations in this area, in particular the recommendation on the protection of the health of workers, 1953; the recommendation on the services of médecine du travail, 1959; the Convention concerning the representatives of workers, 1971, and the Convention and the recommendation, the safety and health of workers 1981, which establishes the principles of a national policy and action at the national level;
After deciding to adopt various proposals relating to the services of occupational medicine, which is the fourth item on the agenda of the session;
Having determined that these proposals shall take the form of an International Convention, adopts, this twenty-sixth day of June one thousand nine hundred and eighty-five the following Convention, which will be referred to as Convention on health at work, 1985.
PART Ire. ((-Principles of national policy Article 1 for the purposes of this Convention: has) occupational health services means a service entrusted with essentially preventive functions and responsible for advising the employer, the workers and their representatives in the undertaking as regards: i) the requirements to establish and maintain a work environment safe and clean, to promote physical and mental health optimal in relation to labour;
(ii) the adaptation of work to the capabilities of workers given their State of physical and mental health)
(b) representatives of workers in the undertaking means persons recognized as such under the legislation or practice national.
Article 2A the light conditions and practice and in consultation with the organizations of employers and workers the most representative, where they exist, any member must define, implement and periodically review a coherent national policy on occupational health services.
Section 3(1). Each Member undertakes to gradually establish health services at work for all workers, including those in the public sector and production co-operatives Associates, in all branches of economic activity and all businesses; the arrangements should be adequate and appropriate to the specific risks in companies.
2. If occupational health services cannot be established immediately to all companies, each Member concerned shall, in consultation with the most representative organizations of employers and workers, where they exist, develop plans for their institution.
3. each Member concerned shall, in the first report on the implementation of the Convention it is required to submit under article 22 of the Constitution of the international organization work, indicate the plans that it has developed under paragraph 2 of this article and expose, in subsequent reports any progress made towards their implementation.
Article 4 the competent authority shall consult the most representative organizations of employers and workers, where they exist, on the measures to be taken to give effect to the provisions of this Convention.
PART II. -Functions section 5 without prejudice to the responsibility of each employer for the health and safety of workers it employs, and taking duly into account the need for workers to participate in health and safety at work, occupational health services shall ensure the following functions which will be adequate and appropriate to the company for health risks at work : (a) identify and evaluate the risks to health in the workplace;
(b) monitor the workplace factors and work practices that may affect the health of workers, including sanitary facilities, canteens and housing, when these facilities are provided by the employer;
(c) provide advice on the planning and the Organization of work, including the design of workplaces, the choice, maintenance and the State of machinery and equipment as well as substances used in the work;
(d) participate in the development of programs for improvement of work practices as well as the testing and evaluation of new equipment on the aspects of health;
(e) provide advice in the areas of health, safety and hygiene at work, of ergonomics as well as individual and collective protection equipment;
(f) monitor the health of workers in connection with the work;
(g) to promote the adaptation of work to the workers;
(h) contribute to the vocational rehabilitation measures;
(i) collaborate in the dissemination of information, training and education in the areas of health and hygiene at work as well as ergonomics;
(j) organize first aid and emergency care;
(k) participate in the analysis of accidents of work and occupational diseases.
PART III. -Organization Article 6 of the provisions must be taken with a view to the institution of occupational health services: (a) by way of legislation.
(b) by collective agreements or other agreements between the employers and workers concerned;
(c) by any other means approved by the competent authority after consultation with the representative organizations of employers and workers concerned.
Article 7 1. Occupational health services may be organised, as appropriate, either as services serving a single company or as services serving several companies.
2. pursuant to the conditions and practice national occupational health services can be arranged through: (a) the undertakings or groups of undertakings concerned;
(b) public authorities or official services;
(c) social security institutions;
(d) any other body authorised by the competent authority;
(e) any combination of the previous formulas.
Article 8 the employer, the workers and their representatives, where they exist, must cooperate and participate in the implementation of the Organization of the services of health at work and other measures concerning them, on an equitable basis.
PART IV. -Article 9 1 operating conditions. In accordance with the legislation and national practice, occupational health services should be multidisciplinary. The composition of the staff shall be determined by the nature of the duties to be performed.
2. the services

health at work must carry out their functions in collaboration with the other services of the company.
3. measures must be taken, in accordance with the legislation and practice, to ensure cooperation and proper coordination between health at work and, to the extent where appropriate, with the other departments involved in the granting of health benefits.
Article 10 staff providing health services at work should enjoy a professional complete independence with respect to the employer, the workers and their representatives, where they exist, in relation to the functions stipulated in article 5.
Article 11 the competent authority shall determine the qualifications of the staff to provide health services at work depending on the nature of the duties to be performed and in accordance with the legislation and practice national.
Article 12 the health surveillance of workers in relation to the work must lead for these no loss of earnings; It must be free and take place as much as possible during working hours.
Article 13 all workers shall be informed of the risks inherent in workplace health.
Article 14 occupational health services shall be informed by the employer and workers of any known factors and any suspected factors of workplace likely to have effects on the health of workers.
Article 15 occupational health services shall be informed of cases of illness among workers and absences from work for health reasons, in order to be able to identify any relationship there might be between the causes of illness or absence and the health risks that may arise in the workplace. Staff providing health services at work must not be required by employers to check the validity of the reasons for the absence from work.
PART V.
-General provisions Article 16 national legislation must designate the authority or authorities responsible for monitoring the operation of occupational health services and advise, once they have been established.
Article 17 the formal ratifications of this Convention shall be communicated to the Director-general of the international Bureau of labour and by him registered.
Section 18 (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 19 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 to a new 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.
Section 20 (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 21 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 United Nations, comprehensive information about all ratifications and acts of denunciation that it will be registered in accordance with the preceding articles.
Article 22 each time that it deems 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 the full or partial revision.
Article 23 1.
In the event that 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 ipso jure, notwithstanding article 19 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 24 the French and English 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 organization of the work States/OrganisationDate AuthentificationType of consentementDate of Consentemententree Germany Ratification17/10/199417/10/1995 ANTIGUA and BARBUDA Ratification16/09/200216/09/2003 Belgium Ratification28/02/201128/02/2012 BENIN Ratification10/199810 11/11/1999 Bosnia and Herzegovina Ratification02/06/199302/06/1994 Brazil Ratification18/05/199018/05/1991 BURKINA FASO Ratification25/08/199725/08 local date. 1998 Chile Ratification30/09/199930/09/2000 Colombia Ratification25/01/200125/01/2002 Croatia Ratification08/10/199108/10/1992 Finland Ratification27/04/198727/04/1988 GUATEMALA Ratification18/04/198918/04/1990 Hungary Ratification24/02/198824/02/1989 LUXEMBOURG Ratification08/04/200808/04/2009 Macedonia (EX - REP. Yugoslav's) Ratification17/11/199117/11/1992 Mexico Ratification17/02/198717/02/1988 MONTENEGRO Ratification03/06/200603/06/2007 NIGER Ratification19/02/200919/02/2010 Poland Ratification15/09/200415/09/2005 San Marino Ratification19/04/198819/04/1989 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 Ratification01/07/198601/07/1987 Czech REP.
 
 Ratification01/01/199301/01/1994 Turkey Ratification22/04-200522/04/2006 UKRAINE Ratification17 06/201017/06-2011 URUGUAY Ratification05/09/198805/09/1989 ZIMBABWE Ratification09/04/200309/04/2004

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