444/1991.
The COMMUNICATION FROM the
the Federal Ministry of Foreign Affairs
The Federal Ministry of Foreign Affairs says that the 25 May. June
1977 was on 63. meeting of the General Conference of the international organization
the work adopted Convention on the protection of workers, against the dangers of the profession
caused by air pollution, noise and vibration in the workplace (No.
148). Ratification of the Convention was the Czechoslovak Socialist Republic
written on 11 July. January 1990, Director General of the International Office
the work. In accordance with its article 18, paragraph 3 of the Convention entered for the Czech and
Slovak Federal Republic in force on 11. January 1, 1991.
Czech translation of the Convention shall be published at the same time.
Convention No. 148
Convention on the protection of workers against occupational hazards caused by
air pollution, noise and vibration in the workplace
The General Conference of the International Labour Organization, which was convened
the Administrative Council of the International Labour Office in Geneva, and there met on 1 May 2004.
in June 1977, at its third session, the 60th
Bearing in mind the Convention and recommendation, which concern, in particular, case
the recommendation on the protection of the health of workers, in 1953; recommendation on racing
health services, 1959; the Convention and the recommendation on the protection against
radiation, 1963; the Convention and recommendation on the protective devices on the machines,
1963; Convention on the benefits for accidents at work and occupational diseases,
1964; the Convention and recommendation on the hygiene (Commerce and offices), 1964; the Convention
and recommendations for benzene, 1977, and the Convention and the recommendation on cancer, 1974;
rozhodnuvši to adopt some of the proposals relating to the working environment:
air pollution, noise and vibration, which is the fourth point of the
the agenda of the meeting;
stanovivši, that these proposals will take the form of an International Convention,
accepts 25 June. June 1977 this Convention, which will be referred to
as the Convention on working environment (air pollution, noise and vibration),
1977.
PART I.
Scope and definition of terms
Article 1
1. this Convention applies to all branches of economic activity.
2. a Member State which ratifies this Convention may, after consultation with the
interested representative organisations of employers and
workers, if they exist, exclude from the application of the Convention, the individual
sector of economic activity, this implementation raises the Special
the problems, which have a certain severity.
3. each Member which ratifies the Convention shall specify, in the first report on the
its implementation, which is required to submit under article 22 of the Constitution
The International Labour Organization, on the grounds of the sector, which was
excluded in accordance with paragraph 2 of this article, and expound in later
reports the status of its legislation and practice with regard to this sector, and
the extent to which the Convention was implemented or intends to implement it, if
as for such a sector.
Article 2
1. each Member State may, after consulting the representative
the organisations of employers and workers, where they exist, to adopt
the obligations laid down by this Convention, particularly as regards the
and air pollution),
(b)),
(c)).
2. a Member State which does not accept the obligations laid down by the Convention for one
or more of the risk, that's exactly what determined their ratification instrument and
indicate the reasons for this in its first report on the implementation of the Convention, submitted in accordance with
Article 22 of the Constitution of the International Labour Organisation. In his later
reports the status of your legislation and lays out the practice, as regards the types of
the dangers that were excluded, with the exact indication of the extent to
the Convention was made or is intended to be made, in respect of each
that kind of danger.
3. each Member State that ratification did not accept the obligations laid down
This Convention for all kinds of danger, and later, when the
considers that circumstances so permit, shall notify the Director-General
The International Labour Office that it accepts the obligations set out in the Convention on the
one or more types of hazards before the excluded.
Article 3
For the purposes of this Convention:
and) the expression "air pollution" includes every air polluted substances,
that are harmful to health, dangerous or otherwise, whatever their
the physical condition of any.
(b)), the term "noise includes any sound that may cause hearing loss
or to be harmful to health or otherwise dangerous.
(c)), the term "vibration" includes all of the vibration on the human body
hard bodies, and which are detrimental to health or otherwise dangerous.
PART II
General provisions
Article 4
1. National laws or regulations shall determine what measures will be taken to the
the workplace for prevention of occupational hazards, caused by
air pollution, noise or vibration, for their reduction and for
the protection of workers against them.
2. the provisions laid down for the practical implementation of measures may be
made in the form of technical standards, manuals of practice, or other
in an appropriate manner.
Article 5
1. In the implementation of the provisions of this Convention, the competent authority should consult with
the most representative organisations of the participating employers and the
workers.
2. the representatives of the employers and workers will be přibráni to
elaboration of rules for the practical implementation of the measures prescribed by
in accordance with article 4.
3. The closest cooperation will be established at all levels between
employers and workers for the implementation of the measures prescribed by
of this Convention.
4. the representatives of the employers and of the workers in the enterprise should be allowed to
accompany inspectors when checking compliance with the measures prescribed by
under this Convention, if the inspectors are of the opinion that with regard to the
the General instructions of the competent authority, it could be effective
the implementation of their obligations.
Article 6
1. employers are responsible for the implementation of the prescribed measures.
2. If several employers carried out at the same time some activity on the
one workplace, are obliged to cooperate in the implementation of the
the prescribed measures, without limiting the responsibility of each
an individual employer on health and safety of workers
It employs. In appropriate circumstances the competent authority shall lay down the General
the procedures for such cooperation.
Article 7
1. Employees are required to observe safety regulations for the prevention of
the dangers of the profession, which arise from the pollution of air, noise, and
vibration in the workplace, for their reduction and ensuring protection against
these dangers.
2. the workers or their representatives are entitled to make proposals, to obtain
information and training and to apply to the competent authorities to ensure
protection against the hazards of the profession, which arise from pollution
air, noise, and vibration in the workplace.
PART III
Preventive and protective measures
Article 8
1. the competent authority shall determine the criteria for the determination of the risk of exposure
polluted air, noise and vibration in the working environment, and to
their basis, where appropriate, define the limits of exposure.
2. In drawing up the criteria and the definition of the boundaries of the exposure of the competent authority
take into account the opinion of the qualified person, the designated
interested by the most representative organisations of employers and
workers.
3. the Terms and limits of exposure will be established, supplemented and
reviewed at regular periods with regard to new national and
international knowledge and data, taking into account, where possible, to increase the
the danger of occupation, resulting from the current exposure to several
harmful agents in the workplace.
Article 9
Each of the danger that arises from air pollution, noise and vibration
will be removed from the workplace:
and) technical measures taken by the new facilities or new
practices in their design or implementation or additional
measures on existing devices or procedures, or, if not
It's possible,
(b)) additional measures in the Organization of work.
Article 10
If the measures taken under article 9 shall not reduce the pollution of the air,
noise and vibration in the workplace to the limits laid down in accordance with article 8,
the employer shall provide and maintain suitable individual protection
AIDS. The employer must not compel the worker to work without
individual protective equipment provided under this article.
Article 11
1. At reasonable intervals, under the conditions and in the manner laid down by the
the competent authority will supervise the State of health of workers
exposed to the hazards of the profession, who are air pollution,
noise or vibration in the workplace, or those who are in such a
the dangers are likely to be exposed to. Such monitoring should include
a preliminary medical examination, which precedes the allocation to such work,
and periodic examination under the conditions laid down by the competent
authority.
2. the surveillance referred to in paragraph 1 of this article may not be associated with costs
for the participating employee.
3. If it is not medically recommended that the worker was
continue to be employed in a polluted air or work in a noisy environment
or associated with vibration, it is necessary to make every effort in accordance with
national practice and conditions, to be transferred to other appropriate
employment or that his earnings had been maintained with the benefits of social
security or in any other way.
4. Measures for the implementation of this Convention shall not adversely affect the rights of
workers, which for them under the legislation on social
security or social insurance.
Article 12
The use of processes, substances, machines or equipment provided by the competent
authority, that expose workers to the dangers of the profession, which are
caused by air pollution, noise or vibrations in the workplace,
must be notified to the competent authority and the authority may, if it
need to give consent to the use of the prescribed conditions or is disabled.
Article 13
All interested persons
and will be notified and appropriate) adequately about the dangers in
employment, which may occur in the workplace as a result of
air pollution, noise or vibrations;
(b)) will be appropriately and adequately advised on the means for preventing
these dangers, to reduce and protect against them.
Article 14
Taking into account national conditions and resources will be taken
measures to support research in the area of prevention and reduction of risk,
caused by air pollution, noise and vibration in the workplace.
PART IV
Implementing provisions
Article 15
Under the conditions and in the circumstances established by the competent authority of the employer
is obliged to appoint a reliable person or use professionally professionally
eligible services outsourcing, or common to several undertakings to
address the issues of prevention and reduction of air pollution, noise and
vibration in the workplace.
Article 16
Each Member State shall
and the legislature shall make or each) in a different way, that is in accordance with the
national practice and conditions, the necessary measures, including appropriate
sanctions, for the implementation of the provisions of this Convention;
(b) entrusts the Supervisory Board also observed eligible authorities) control the implementation of the provisions of the
This Convention will verify that proper supervision is ensured.
PART IN THE
Final provisions
Article 17
The formal ratifications of this Convention shall be communicated to the Director-
The International Labour Office and written by him.
Article 18
1. this Convention undertakes to only the Member States of the international organization
labour, whose ratification has been registered by the Director General.
2. Shall take effect twelve months after the date the Director writes
the ratification of the two Member States.
3. For each Member State, this Convention shall enter into force twelve
months from the date on which its ratification has been registered.
Article 19
1. each Member which has ratified this Convention may denounce it
After the expiration of ten years from the date on which this Convention became for the first time
the effectiveness of written communication to the Director General of the International Office
work that is writes. Termination shall take effect one year after the date on which the
It was registered.
2. each Member State that has ratified this Convention and which does not apply
rights to terminate her under this article during the year following the
the expiry of the period of ten years mentioned in the preceding paragraph, the
by the Convention for the next ten-year period and then it will be able to terminate
always after the expiry of the 10-year period, under the conditions laid down in this
article.
Article 20
1. the Director General of the International Labour Office shall notify all the Member
States, the International Labour Organisation the ratification and registration of all the testimony,
members of the organization.
2. When the Member States of the Organization to communicate to write the second
ratification, which was notified to the Director General, notify the Member
States of the Organization to the date when this Convention enters into force.
Article 21
Director General of the International Labour Office shall notify the
the Secretary-General of the United Nations for registration in accordance with article 102 of the Charter of the United
Nations full particulars of all ratifications, declarations and all all
testimonies, which enrolled under the provisions of the preceding articles.
Article 22
Always, if considered necessary, the Board of the International Office
the General Confederation of labour shall submit a report on implementation of this Convention, and
examine whether it is desirable to put on the agenda of the General Conference
the question of its full or partial revision.
Article 23
1. the General Conference adopt a new Convention revising or completely
partly this Convention and unless the new Convention otherwise:
and the ratification of the revising Convention) new Member State causes the ipso jure
immediate denunciation of this Convention, notwithstanding the provisions of article 19, and it
with the proviso that the new revising Convention enters into force;
(b)), from the time when the new revising Convention enters into force, this Convention shall
Member States shall cease to be open to ratification.
2. this Convention shall remain in force, however, as to form and content for those
Member States which have ratified it, and that have not ratified the revising
the Convention.
Article 24
The English and French texts of this Convention are equally authentic.