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The Convention On The Protection Of Workers Against The Hazards Of The Profession

Original Language Title: o Úmluvě o ochraně pracovníků proti nebezpečím z povolání

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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.