Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) - Hungary (Ratification: 1994)

The Committee notes the information contained in the Government’s report, including on the adoption of new laws and regulations, including the amendment to Decree No. 25/2000 (IX.30.) EüM-SzCsM to take into account new limit values related to the exposure to asbestos; Decree No. 66/2005 (XII.22.) EüM SzCsM concerning the exposure to noise and Decree No. 22/2005 (VII.24.) EüM of the Minister of Health regarding exposure to vibration. Based on available information the Committee notes the effect given to Articles 8(1) and (2), and 9 of the Convention. The Committee notes that the referenced legislation was not attached to the report. The Committee requests the Government to continue to provide information on legislative developments in the country and to make the relevant legislative texts available to the Committee.

Article 1 of the Convention. Scope of application and definitions. The Committee notes that the report is silent as to whether the new legislation, adopted by the Minister of Health has amended the scope of national legislation so as to ensure compliance with this provision of the Convention and that only excerpts of the relevant texts have been made available to the Committee. The Committee requests the Government to provide further detailed information regarding the scope of the relevant legislation.

Article 11(3). Provision of alternative employment. The Committee notes that the information provided by the Government does not include a response to the comment raised by the Committee regarding the rules concerning the transfer of workers who have been exposed to air pollution noise or vibration where continued assignment is considered medically inadvisable, and measures taken to ensure that transferred workers are able to maintain their income. In this respect, the Committee would like draw the Government’s attention to the fact that the provision of Article 11(3) also relates to situations before any occupational disease has been declared but after a determination that continued assignment to work involving exposure to air pollution noise and vibration has been found to be medically inadvisable. The Committee again requests the Government to provide further information on measures taken to ensure the transfer to alternative employment of workers who, based on medical opinion, are required to discontinue work involving exposure to air pollution, noise or vibration and how it is ensured that such workers are able to maintain their income.

Article 12. Notification to the competent authority of exposure of workers to occupational hazards. The Committee notes that in its response the Government indicates that, in conformity with harmonized legislation with the European Community, there are no notification obligations with respect to risks related to vibration and noise at workplaces. The Committee also notes that the report is silent as regards the competent authority’s entitlement to authorize or prohibit the use of certain processes, machinery and equipment as provided in Article 12. The Government also indicates that, following consultations in the tripartite National ILO Council on the report for the ILO, the workers’ organizations expressed the view that national law was not in conformity with Article 12 of the Convention. The Committee deems it relevant yet again to refer to paragraph 68 of its general comments on the application of Conventions on occupational safety and health in its 1997 General Report, where the Committee stated that “there is a difference between international standards and regional standards in the approach adopted to occupational safety and health problems and the manner in which they are to be addressed. The incorporation of regional standards into national legislation is not always sufficient to meet the requirements of the international standards of the ILO. States should therefore be reminded that greater attention should be paid to these standards in the revision and formulation of national laws and regulations”. The Committee requests the Government to clarify measures taken to ensure full conformity with this provision of the Convention in law and in practice taking the comments of the workers’ organizations into account.

Part IV of the report form. Application in practice. The Committee notes that the report does not contain any information on the application in practice of the Convention as requested. The Committee requests the Government to provide a general appreciation of the application in practice of the Convention, including, for instance, extracts from the reports of the inspection services.