Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Hygiene (Commerce and Offices) Convention, 1964 (No. 120) - New Caledonia

With reference to its previous comments, the Committee notes with interest the information provided in the Government's latest report and the adoption of Deliberation No. 34/CP of 23 February 1989 concerning general safety and health measures which gives effect to Articles 8, 11, 13, 15 and 17 of the Convention.

I. Article 1. The Committee notes that section 1 of Ordinance No. 85-1181 of 13 December 1985 concerning general principles of labour law and the organization and functioning of the labour inspectorate and the labour tribunal excludes the public service from the scope of application of the relevant legislation. The Government is requested to indicate the manner in which the Convention is applied to the public service.

II. The Government is requested to provide further information on the following points in its next report:

1. Article 5. The Government is requested to indicate the manner in which the employers' and workers' organizations concerned have been consulted with respect to Deliberation No. 34/CP concerning general safety and health measures, in conformity with this Article of the Convention.

2. Article 9. The Committee notes that sections 93-95 of the Deliberation provide that enclosed areas at the workplace must be sufficiently lit to ensure workplace safety. The Government is requested to indicate the measures taken to ensure that, as far as possible, the workplaces are lit with natural light.

3. Article 10. The Government is requested to indicate the measures taken to ensure that a comfortable and steady temperature is maintained at the workplace.

4. Article 12. The Committee notes that section 5(1) of Deliberation No. 34/CP provides that a decree shall determine the general measures concerning, inter alia, the supply of wholesome drinking-water. The Government is requested to indicate whether any decree has been issued in this regard or any other measures taken or envisaged to ensure the supply of wholesome drinking-water at the workplaces covered by the Convention.

5. Article 14. The Committee notes that section 77 of the Deliberation provides that sufficient and suitable seats shall be provided for workers when the work is compatible with a sitting position or semi-sitting position. The Government is requested to indicate the measures taken to ensure that seats are made available to all workers covered by the Convention, regardless of whether the work is compatible with a sitting position, and that these workers are given reasonable opportunity to use them.

6. Article 16. The Government is requested to indicate the measures taken to ensure appropriate standards of hygiene for underground or windowless premises in establishments covered by the Convention under Article 1.

7. Article 18. The Committee notes with interest that section 90 of Deliberation No. 34/CP calls generally for measures to be taken to protect workers from the dangers of noise and that Decree No. 8015-T of 2 December 1991 for the protection of workers against the harmful effects of noise provides detailed protective measures. The Government is requested to indicate the measures taken to ensure that vibrations are also reduced as far as possible, in accordance with this Article of the Convention.

8. Article 19. The Government is requested to indicate the measures taken or envisaged to ensure that all workplaces covered by the Convention, having regard to size and possible risk, are equipped with first-aid cupboards, boxes or kits, dispensaries, or that dispensaries or first-aid posts are maintained at the workplace or jointly with other establishments, in accordance with this Article of the Convention.