Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Occupational Safety and Health Convention, 1981 (No. 155) - Hungary (Ratification: 1994)

The Committee notes the observations made by the workers’ representatives of the Tripartite National ILO Council, which were included in the Government’s report.

Articles 2 and 3(b) of the Convention. Coverage of the legislation giving effect to the Convention. The Committee notes the information provided by the Government in reply to its previous request that, pursuant to section 87 of the Occupational Safety and Health (OSH) Act, the Act applies to all persons performing work in the framework of organized work, including work performed as a public servant or public employee.

Article 4. Formulation, implementation and periodic review of a national policy on OSH. The Committee previously noted that the OSH Act requires the adoption of a national programme for the protection of health and working ability. It notes, in this respect, the Government’s indication that in 2001 a national health and safety programme was adopted, setting out long-term objectives until 2007. The Government states that a national safety and health policy was prepared and discussed in 2009, but that this policy was not approved. The Government also indicates that discussions on the national OSH policy began again in 2015. Recalling that the national policy process, with the full participation of the social partners, is the crucial motor for improving national OSH situations and creating safe and healthy working environments, the Committee requests the Government to pursue its efforts to formulate a national OSH policy. It requests the Government to provide information on the progress made in this respect, including on the consultations held with workers’ and employers’ organizations, as well as measures to implement and review the policy, once adopted.

Article 9. System of inspection. The Committee notes the observations of the workers’ representatives on the National ILO Council that multiple reorganizations have led to a capacity shortage at the OSH inspectorate and that capacity development is therefore required. The Government indicates in this respect that while the number of OSH inspectors decreased as a result of the institutional restructuring, the inspections conducted based on annual inspection plans are more effective and better targeted. The Committee also notes the Government’s statement that the national OSH inspectorate was integrated into the National Labour Office in 2012, but that when the National Labour Office was terminated in January 2015, the supervision of occupational safety was transferred to the Ministry of the National Economy. The Government also states that the Work Hygiene and Occupational Health Department functions as a department of the Office of the Chief Medical Officer. The Committee refers to its comments published in 2016 under the Labour Inspection Convention, 1947 (No. 81).

Article 11(a). The determination of conditions governing the design, construction and layout of undertakings. With reference to its previous comment, the Committee notes that section 18 of the OSH Act provides that the design, construction, putting into use and operation of a workplace, an installation or a technology, as well as the production, manufacturing, storage, handling, transportation, utilization, commercialization, import and operation of work equipment, materials and personal protective equipment may only take place if the appropriate requirements have been met, as defined in OSH regulations or, in their absence, as may be expected under the current state of scientific or technical knowledge. It also notes that Joint Decrees Nos 3 and 4/2002 of the Minister of Social and Family Affairs and the Minister of Health contain minimum safety requirements on the workplace and for construction sites and construction processes, respectively, including the design, construction and layout of undertakings. The Committee takes note of this information.

Article 11(b). Determination of work processes, substances and agents subject to authorization and control. The Committee once again requests the Government to provide information on the measures taken by the competent authority to determine the work processes and substances and agents for which exposure is prohibited, limited or made subject to authorization.

Article 11(e). Annual publication of information on OSH measures. The Committee notes the Government’s statement, in response to the Committee’s previous request, that the Minister of the National Economy undertakes an annual review of the occupational safety and health situation, and that the draft report is discussed and approved by the national OSH committee. It further notes that, pursuant to section 14 of the OSH Act, the results of the review are published. Moreover, on the basis of notifications, the Labour Supervision Department prepares an annual report on accidents at work.

Article 11(f). Risk assessment systems. Chemical, physical and biological agents. The Committee notes that the Government refers to the employers’ responsibility with regards to risk assessment. The Committee wishes to recall that Article 11(f) requires the competent authority to progressively introduce or extend risk assessment systems at the national level to give effect to the national policy. The Committee requests the Government to provide information on the measures taken to develop a system at the national level to examine chemical, physical and biological agents in respect of risk to the health of workers.

Article 12. Responsibilities of those who design, manufacture, import, provide or transfer machinery, equipment and substances for occupational use. The Committee notes the information provided by the Government regarding safety control of work tools. It also notes the Decree of the Minister of the National Economy on the safety requirements and certification of machines (No. 16/2008) and its Annexes, which contain detailed provisions on the responsibilities of the manufacturers in ensuring the conformity of machinery with the health and safety requirements. The Committee requests the Government to specify the responsibilities of those who design, import, provide or transfer machinery, equipment and substances for occupational use. It also requests the Government to provide information on the responsibilities of manufacturers regarding the equipment and substances that they produce.

Article 16. Employers’ responsibilities. The Committee notes that sections 47 and 48 of the OSH Act provide that the employer is obliged to establish protective measures against hazards taking into consideration the provisions of the Act and of the regulations establishing rules for: the carrying out of work; work processes; workplaces; technology; work equipment; and personal protective equipment. Under section 54, employers shall observe the following requirements: hazards shall be avoided; unavoidable hazards shall be evaluated; and hazards shall be eliminated at the place of origin. It also notes Act XXV of 2000 on Chemical Safety, and in particular section 19(1) on the assessment and reduction of risks and section 20(3) on risk control concerning the employers’ responsibilities in this respect, as well as Joint Decree No. 25/2000 of the Minister of Health and the Minister of Social and Family Affairs on the chemical safety of workplaces, which contains further details on these responsibilities. The Committee requests the Government to specify the provisions requiring employers to ensure that, so far as is reasonably practicable, the physical and biological substances and agents under their control are without risk to health when the appropriate measures of protection are taken, in accordance with Article 16(2).

Article 19(f). Protection of workers from undue consequences. The Committee notes that effect is given to this provision by sections 60, 61 and 63(1) and (2) of the OSH Act. Section 60 provides that employees must stop unsafe abnormalities or malfunctions within their capacities, or demand that this be done by their supervisor. Section 62 provides that employees shall not be discriminated against for requests related to the respect of healthy and safe working conditions. Pursuant to section 63(1) and (2), employees may refuse to perform work if it can directly and seriously endanger their lives, health or bodily integrity, including as a result of the non-functioning or absence of necessary protective devices or personal protective equipment.