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Law Approving Convention No. 148 Concerning The Protection Of Workers Against Occupational Risks Due To The Air Pollution, Noise And Vibration In The Workplace, Adopted At Geneva On 20 June 1977 By The Conference

Original Language Title: Loi portant assentiment à la Convention n° 148 concernant la protection des travailleurs contre les risques professionnels dus à la pollution de l'air, au bruit et aux vibrations sur les lieux de travail, adoptée à Genève le 20 juin 1977 par la Conférence

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6 AOUT 1993. - An Act to endorse Convention No. 148 concerning the Protection of Workers against Occupational Risks from Air Pollution, Noise and Vibration at Work, adopted at Geneva on 20 June 1977 by the International Labour Conference at its sixty-third session (1)



In the name of the Belgian People,
We, Ministers gathered in Council,
By virtue of the powers conferred on us by Article 79 of the Constitution;
The Chambers adopted and We, Ministers gathered in Council, sanction the following:
Single article. Convention No. 148 concerning the Protection of Workers from Occupational Risks due to Air Pollution, Noise and Vibration at Workplaces, adopted at Geneva on 20 June 1977 by the International Labour Conference at its sixty-third session, will emerge its full and full effect.
Promulgate the present law, order that it be put on the seal of the State and published by the Belgian Monitor.
Given in Brussels on 6 August 1993.
The Prime Minister,
J.-L. DEHAENE
Deputy Prime Minister and Minister of Communications and Public Enterprises,
G. COEME
Deputy Prime Minister and Minister for Foreign Affairs,
W. CLAES
Deputy Prime Minister and Minister of Justice and Economic Affairs,
Mr. WATHELET
Minister of Finance,
Ph. MAYSTADT
Minister of Science Policy,
J.-M. DEHOUSE
Minister of Foreign Trade
and Minister of European Affairs,
R. URBAIN
Minister of Pensions,
F. WILLOCKX
Minister of the Interior and Public Service,
L. TOBBACK
Minister of Employment and Labour,
responsible for the Equal Opportunities Policy
between men and women,
Ms. M. SMET
Minister of Small and Medium Enterprises and Agriculture,
A. BOURGEOIS
Minister of National Defence,
L. DELCROIX
The Minister of Budget,
Mme M. OFFICIERS-VAN DE WIELE
Minister of Social Affairs,
B. ANSELME
Minister of Social Integration,
Public Health and the Environment,
Ms. M. DE GALAN
Seen and sealed the state seal:
Minister of Justice,
Mr. WATHELET
____
Note
(1) Parliamentary references:
Session 1992-1993.
House of Representatives.
Documents. - Bill No. 690/1.
Annales parliamentarians. - Discussion. Sessions of 1er December 1992 and 11 February 1993. - Vote. Session of 11 February 1993.
Senate.
Documents. - Project transmitted by the House of Representatives, No. 649/1. - Report, number 649-2.
Annales parliamentarians. - Discussion. Session of 6 May 1993. - Vote. Session of 6 May 1993.

Convention on the Protection of Workers against Occupational Risks from Air Pollution, Noise and Vibration at Workplaces
The General Conference of the International Labour Organization,
Convened in Geneva by the Board of Directors of the International Labour Office, meeting on 1er June 1977, at its sixty-third session;
Noting relevant international conventions and recommendations, including the recommendation on the protection of workers ' health, 1953; Recommendation on Occupational Medicine Services, 1959; the Radiation Protection Convention and Recommendation, 1960; Convention and Recommendation on Machine Protection, 1963; the Employment and Occupational Accident Benefits Convention, 1964; hygiene conventions and recommendations (trade and office), 1964; Convention and Recommendation on Benzene, 1971, and Convention and Recommendation on Professional Cancer, 1974;
After having decided to adopt various proposals relating to the work environment: air pollution, noise and vibration, which constitutes the fourth item on the agenda of the session;
After deciding that these proposals would take the form of an international convention,
adopts, this twentieth day of June, nine hundred and seventy-seven, the following convention, which will be called the Workplace Convention (air pollution, noise and vibration), 1977:
PART I. - Scope of application and definitions
Article 1er
1. This Agreement applies to all branches of economic activity.
2. A member who ratifies this Agreement may, after consultation with representative organizations of employers and interested workers, if any, exclude from the application of the Convention particular branches of economic activity when this application raises specific problems of some importance.
3. Any member who ratifies the Convention shall, in the first report on the application of the Convention that it is required to submit under Article 22 of the Constitution of the International Labour Organization, indicate, with reasons for support, the branches that have been the subject of an exclusion under paragraph 2 of this article and, in subsequent reports, the status of its legislation and its practice with respect to the said branches,
Article 2
1. Any member may, after consultation with representative organizations of employers and workers, if any, accept the obligations set out in this Agreement separately with respect to:
(a) air pollution;
(b) noise;
(c) vibrations.
2. A member who does not accept the obligations set out in the Convention for one or more categories of risks will specify it in its instrument of ratification and will provide the reasons for it in the first report on the application of the convention to be submitted under Article 22 of the Constitution of the International Labour Organization. In the subsequent reports, the State of its legislation and practice as to the categories of risks that are excluded, specifying the extent to which it has been given effect or it is proposed to give effect to the Convention with respect to each risk category.
3. Any member who has not, at the time of ratification, accepted the obligations set out in this Convention for all hazard categories shall, thereafter, when he or she considers that the circumstances permit, inform the Director General of the International Labour Office that he or she accepts the obligations set out in the Convention with respect to one or more of the categories previously excluded from acceptance.
Article 3
For the purposes of this Convention:
(a) the term "air pollution" refers to any air contaminated by substances that are harmful to health or dangerous in other respects, regardless of their physical condition;
(b) the term "noise" refers to any sound that may result in loss of hearing or be harmful to health or dangerous in other respects;
(c) the term "vibrations" refers to all vibrations transmitted to the human body by solid structures that are harmful to health or dangerous in other respects.
PART II. - General provisions
Article 4
1. National legislation must prescribe that measures will be taken at the workplace to prevent occupational hazards caused by air pollution, noise and vibration, to limit and protect workers from these risks.
2. The procedures for the application of prescribed measures may be adopted by means of technical standards, compendiums of practical guidelines or other appropriate means.
Article 5
1. In giving effect to the provisions of this Agreement, the competent authority shall act in consultation with the most relevant organizations of employers and workers concerned.
2. Representatives of employers and workers will be associated with the development of the terms and conditions for the application of the measures prescribed under section 4.
3. Such close cooperation as possible must be established at all levels between employers and workers for the implementation of the measures prescribed under this Convention.
4. Representatives of the employer and workers of the company shall have the opportunity to accompany the inspectors when they control the application of the measures prescribed under this Agreement, unless the inspectors are, in the light of the general guidelines of the competent authority, that this may affect the effectiveness of their control.
Article 6
1. Employers will be held responsible for the application of prescribed measures.
2. Each time several employers engage in activities at the same workplace, they will have a duty to work together to implement the prescribed measures, without prejudice to the responsibility of each employer for the health and safety of the workers employed by the employer. In the appropriate cases, the competent authority will prescribe the general procedures for such collaboration.
Article 7
1. Workers will be required to comply with safety instructions to prevent occupational hazards caused by air pollution, noise and vibration in the workplace, to limit and ensure protection against these risks.
2. Workers or their representatives will be entitled to submit proposals, obtain information and training and use the appropriate body to ensure protection against occupational hazards caused by air pollution, noise and vibration in the workplace.
PART III. - Prevention and protection measures
Article 8
1. The competent authority shall set the criteria for determining the risk of exposure to air pollution, noise and vibration at the workplace and, where appropriate, shall specify, on the basis of these criteria, the limits of exposure.
2. When developing the criteria and determining the exposure limits, the competent authority shall take into consideration the advice of technically qualified persons, designated by the most representative organizations of employers and interested workers.
3. The criteria and exposure limits should be set, completed and revised at regular intervals, in the light of national and international knowledge and new data, taking into account, to the extent possible, any increase in occupational risks resulting from simultaneous exposure to several harmful factors at the workplace.
Article 9
To the extent possible, any risk due to air pollution, noise and vibration must be eliminated at the workplace:
(a) by technical measures applied to new facilities or processes during their design or installation, or by technical additions to existing facilities or processes or, where not possible;
(b) additional measures for the organization of work.
Article 10
Where the measures taken under section 9 do not reduce air pollution, noise and vibration at the workplace to the limits specified under section 8, the employer shall provide and maintain the appropriate individual protection equipment. The employer shall not require a worker to work without the personal protective equipment provided under this section.
Article 11
1. The state of health of workers exposed or likely to be exposed to occupational hazards due to air pollution, noise or vibration at the workplace shall be monitored, at appropriate intervals, in the circumstances and in accordance with the terms and conditions established by the competent authority. This monitoring shall include a pre-assignment medical examination and periodic examinations, under conditions determined by the competent authority.
2. Monitoring under paragraph 1er of this section shall not entail any expenditure on the worker concerned.
3. When the maintenance of a worker in a position that involves exposure to air pollution, noise and vibration is not recommended for medical reasons, all means must be implemented, in accordance with practice and national conditions, to transfer him to another suitable job or to ensure that he/she maintains his/her income through social security benefits or any other method.
4. Measures taken to give effect to this Convention shall not adversely affect the rights of workers under social security or social insurance legislation.
Article 12
The use of processes, substances, machinery or equipment - specified by the competent authority - resulting in the exposure of workers to the occupational hazards caused by air pollution, noise and vibration at the workplace shall be notified to the competent authority and such authority may, if any, authorize it under specified terms or prohibit it.
Article 13
All interested persons:
(a) must be adequately and appropriately informed of the occupational risks that may arise in the workplace as a result of air pollution, noise and vibration;
(b) should also have adequate and appropriate instructions on how to prevent, limit and protect workers from these risks.
Article 14
Measures, taking into account national conditions and resources, should be taken to promote research in the field of prevention and limitation of the risks caused by air pollution, noise and vibration in the workplace.
PART IV. - Implementation measures
Article 15
Under the terms and conditions established by the competent authority, the employer must be required to designate a competent person, or to use a competent service outside or common to several companies, to deal with matters relating to the prevention and limitation of air pollution, noise and vibration at the workplace.
Article 16
Each member shall:
(a) take, through legislation or by any other method consistent with national practice and conditions, the necessary measures, including the adoption of appropriate santions, to give effect to the provisions of the Convention;
(b) charge appropriate inspection services for the control of the application of the provisions of the Convention or verify that an adequate inspection is provided.
PART V. - Final provisions
Article 17
The formal ratifications of this Convention shall be communicated to the Director General of the International Labour Office and registered to it.
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 two-member ratifications have been registered by the Director General.
3. Subsequently, this agreement will come into force for each member twelve months after the date on which its ratification was registered.
Article 19
1. Any member who has ratified this Convention may, at the expiry of a period of ten years after the date of the initial entry into force of the Convention, denounce the Convention as a whole or in respect of one or more of the categories of risks under Article 2 above, 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 who 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 Agreement 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 denunciation that he has 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 application of this Convention and will consider whether it is necessary to include in the agenda of the Conference the question of its total or partial revision.
Article 23
1. In the event that the Conference adopts 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 conventions would entail full right, notwithstanding Article 19 above, immediate denunciation of this Convention, subject to the entry into force of the new revision convention;
(b) from the date of the entry into force of the new revision 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 revision convention.
Article 24
The English and French versions of the text of this Convention are equally authentic.
The above text is the authentic text of the Convention duly adopted by the General Conference of the International Labour Organization at its sixty-third session, held in Geneva and declared closed on 22 June 1977.
The twenty-threeth day of June 1977 was signed in faith:
The President of the Conference,
J.K. AMEDUME
Director General of the International Labour Office,
FRANCIS BLANCHARD
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