Paragraphs 36-39 of the Declaration
(1) Are the principles embodied in Conventions Nos. 119, 115, 136, 139 and Recommendations Nos. 118, 114, 144 and 147 applied in the country, by all concerned, to the greatest extent possible?
(2) Do multinational enterprises:
(a) maintain the highest standards of safety and health in conformity with national requirements?
(b) make available to workers' representatives, workers' and employers' organizations, and the competent authorities, information on relevant safety and health standards which they observe in other countries?
(c) make known to those concerned the special hazards and related protective measures associated with (their) new products/process; and if so, how?
(d) play, like comparable domestic enterprises, a leading role in examining causes of safety and health hazards and in the application of both remedial and preventive measures?
(3) Do MNEs cooperate with the competent safety and health authorities, established safety and health organizations and representatives of the workers and their organizations? Are safety and health matters incorporated in agreements signed between workers and MNEs?
(4) Please comment on the cooperation, if any, between national and multinational enterprises in the country and the competent international organizations in the preparation and adoption of international safety and health standards?
Antigua and Barbuda, Argentina, Australia, Austria, Bahamas, Bangladesh, Barbados, Belgium, Brazil, Cambodia, Canada, Chad, Chile, Colombia, Costa Rica, Czech Republic, Dominica, Ecuador, Egypt, Estonia, Ethiopia, Finland, France, Gabon, Germany, Greece, Grenada, Hungary, India, Indonesia, Ireland, Japan, Jordan, Republic of Korea, Kuwait, Luxembourg, Malaysia, Mauritania, Mauritius, Mexico, Myanmar, Namibia, Netherlands, New Zealand, Nicaragua, Nigeria, Norway, Pakistan, Poland, Portugal, Romania, St. Vincent and the Grenadines, Singapore, Slovakia, Slovenia, Spain, Sri Lanka, Switzerland, Syrian Arab Republic, Thailand, Trinidad and Tobago, Tunisia, Turkey, United Kingdom, United States, Uruguay, Venezuela, Zimbabwe.
The Government of Antigua and Barbuda reports that the principles embodied in the Conventions and Recommendations mentioned are generally applied and that MNEs maintain the highest OSH standards in line with national requirements. They do not make available information on OSH standards observed in other countries. The Government does not know whether MNEs make known special hazards and related protective measures associated with new products and processes. However, training in this field is generally provided. As regards safety and health hazards, MNEs apply remedial measures at the Government's request. There has been cooperation in the preparation and adoption of international safety and health standards.
The Government of Argentina states that the country has not ratified Convention No. 119, even though some of the principles contained in Convention No. 119 and Recommendation No. 118 are reflected in Chapter 15 of the national legislation on health and safety at work (Decree 351/79), which must be respected by all enterprises. The National Atomic Energy Committee (Comisión Nacional de Energía Atómica) is responsible for supervising the application of Convention No. 115 which has been ratified and Recommendation No. 114. While Convention No. 136 has not been ratified, the requirements concerning medical examinations and provisions regarding exposure to benzene are set out in Decree 351/79. They were updated in resolution No. 444 of 1991. Convention No. 139 has been ratified. However, the provisions of this instrument and Recommendation No. 147 are promoted by the National Health and Safety Authority within the Ministry of Labour and Social Security. They were incorporated in the first Regulation concerning carcinogenic substances and agents (1989) which has been revised over the years. The most recent revision was in January 1995 (Regulation DNSST 01/95). On the whole MNEs must apply the OSH standards of the parent company when these are higher than those prescribed by the national legislation. They generally observe national safety and health norms. Some issue manuals setting out standards which are often formulated by the parent company. On the whole, the focus is mainly on avoiding major accidents and hazards and much less on the indirect effects of hazards inherent in the workplace. By virtue of their better access to information, and their resources, MNEs make an important contribution in detecting the causes of hazards and taking measures to prevent them. Through the Argentine Industrial Union (Unión Industrial Argentina), MNEs cooperate with the competent health and safety authorities as well as workers' representatives and their organizations. Act 24557 concerning Hazards at Work was passed on 3 October 1995 and there is a tripartite Permanent Consultative Committee to deal with OSH matters. OSH-related provisions in collective agreements to which individual enterprises or groups of enterprises are party, tend to differ in scope and content. Some of these provisions make extensive reference to the relevant legislation in force, others either only identify the basic protection to be provided for the worker or call for the setting up of health and safety committees to reduce major accidents. Some agreements make reference to the economic effects of accidents and occupational diseases, and address the question of relocating workers with disabilities. MNEs and domestic enterprises belong to employers' organizations representing different industries as well as the Argentine Industrial Union, which has a health and safety division, and the General Economic Confederation (Confederación General Económica). MNEs are represented in the employers' delegation to the International Labour Conference and participate in meetings organized by the Ministry of Labour and Social Security to adopt various types of OSH-related instruments.
The Government of Australia reports that federal and state OSH legislation applies to all enterprises throughout the country. While Australia has not ratified any of the Conventions mentioned, the principles of most of these instruments are reflected in different OSH laws (e.g. in Queensland, South Australia, New South Wales and the Australian Capital Territory). The National Standard for Plant (December 1993) meets the requirements of Convention No. 119. The National Model Regulations for the Control of Workplace Hazardous Substances, together with the National Code of Practice for the Control of Scheduled Carcinogenic Substances, which are being drawn up, are expected to be in line with Convention No. 139. Ratification of the two aforementioned ILO Conventions is being considered. As regards Conventions Nos. 115 and 136, they have not been identified as "appropriate targets" for ratification because there are doubts as to whether their observance will be compatible with the country's obligations under the UN Convention on the Elimination of All Forms of Discrimination against Women and the Sex Discrimination Act 1984. Enterprises in Queensland comply with the requirements of Convention No. 119 through their application of the Workplace Health and Safety Act 1995 and the Advisory Standard for Plant. It is not possible to determine the extent to which the principles embodied in ILO Conventions Nos. 115 and 136, their related Recommendations and Recommendation No. 118, are applied in Queensland. The Workplace Health and Safety (Hazardous Substances) Compliance Standard 1995 prescribes ways of preventing or minimizing risk from exposure to hazardous substances (including benzene) at the workplace. It is expected that Queensland will comply with Convention No. 139 and Recommendation No. 147 if it adopts the Control of Workplace Hazardous Substances Part 2 -- Scheduled Carcinogenic Substances: National Model Regulations and National Code of Practice. These Model Regulations were released by the National Occupational Health and Safety Commission in October 1995. There is no noticeable difference between the OSH standards observed by MNEs as opposed to local enterprises. In Queensland all companies must comply with Workplace Health and Safety Act 1995, and its related Regulation, which require cooperation with the competent authorities in the investigation of workplace accidents, cooperation in efforts to prohibit hazards and the taking of corrective measures. There is no specific information on whether MNEs in New South Wales cooperate in the preparation and adoption of international OSH standards.
The Government of Austria points out that its reply to the last survey is still applicable. It notes that during the period under review the 1974 Works Constitution Act was amended by the Federal Act concerning Safety and Health Protection at Work (also known as the Workers' Protection Act -- ASchG), BGBI. No. 450/1994. This legislation obliges employers to inform and consult with works councils on OSH matters, including the introduction of new technologies, choice of equipment and material and the determining of working conditions. Austria has not yet ratified Conventions Nos. 115, 119, 136 and 139, but the principles contained in these instruments are applied to the fullest extent possible and reinforced by the relevant Council Directives (of the EU) which are incorporated in the national legislation. Large establishments, which include MNEs, are more likely than SMEs to comply with OSH norms. Since MNEs respect the national laws in this field, there is no reason for them to provide information on those which they observe in other countries. By law, workers, upon assuming their duties, must be informed of occupational hazards and measures taken to prevent them. They must be trained before taking up new activities or using new substances and processes. Thereafter, they must be kept informed either directly or through their representatives, at regular intervals. The information must be easy to understand and, if necessary, documents must be made available at the workplace. Further training must be provided at least once per year. While there are no data on the role played by MNEs in examining occupational hazards, it has been observed that relatively large enterprises are more active in dealing with accident prevention. By law, all employers must keep records of serious and fatal accidents and submit reports if required by the labour inspectorate. Risk assessment procedures and accident prevention measures must be revised following an accident. As from 1 January 1997, all employers regardless of the size of their workforce, will be required to do this by law. MNEs cooperate with labour inspectors, with whom they exchange information about new technologies. Enterprise-level agreements and collective agreements contain provisions dealing with hours of work but not OSH.
The Government reports that the principles contained in the Conventions mentioned are applied in the Bahamas to the greatest extent possible. MNEs maintain the highest OSH standards in keeping with national requirements. In most cases at the request of the unions, they provide information on OSH standards observed in other countries. They also inform those concerned about special hazards and related protective measures, provide training and supply protective clothing. Like comparable domestic enterprises, MNEs play a leading role in examining the causes of occupational hazards and in applying preventive and remedial measures. MNEs cooperate with the competent OSH authorities and representatives of workers' organizations. On the whole, the degree to which OSH matters are incorporated in collective agreements is not always satisfactory. However, there are enterprises in the electricity and high-tech services which include such matters in collective agreements.
The Government of Bangladesh reports that the principles embodied in the Conventions and Recommendations mentioned, are, to the fullest extent possible, respected by national and multinational enterprises. Safety and health standards in MNEs are generally determined by law. Issues relating thereto are discussed in seminars organized by the Government as well as the Bangladesh Employers' Association in collaboration with ILO and other international bodies. The Bangladesh Employers' Association agrees with the Government. It adds that OSH standards observed by MNEs are generally higher than those required by law. Problems relating to safety and health are discussed and resolved in enterprise-level safety and health committees.
According to the Government of Barbados, the principles contained in the instruments mentioned are generally applied wherever possible and, to a certain extent, they are embodied in the national labour legislation which applies to all sectors of the economy. MNEs generally maintain high OSH standards. Enterprises operating within the scope of the Factories Act are subject to routine inspections. It is normal for the management of MNEs to consult and share information with the factory inspectors through the Occupational Safety and Health Committees. Under the Factories Act, employers must inform workers of the dangers and special hazards associated with their work and the precautions that are necessary. Workers must be given adequate training in this regard. Enterprises which are not covered by the legislation are encouraged to apply the principles wherever possible. There is an acceptable level of cooperation on the part of MNEs with the competent safety and health authorities and other relevant entities. OSH matters are incorporated into collective agreements, where they exist. The law requires that safety and health committees be established at the workplace. Cooperation between MNEs, national enterprises and international organizations for the preparation and adoption of international OSH norms takes place through the employers' organization, which is involved in tripartite consultation at the national level. MNEs are not restricted from joining local employers' organizations. The Barbados Employers' Confederation states that to the best of its knowledge MNEs respect the safety and health regulations. The Factories Act prescribes the OSH standards and there are regular factory inspections to ensure that they are duly observed. All enterprises must comply with the legal requirements in the field of safety and health. The Barbados Workers' Union (BWU) notes that while the principles contained in Convention No. 119 are fully applied, those in Conventions Nos. 115, 136 and 139 and the four Recommendations mentioned are not. Some MNEs maintain the highest OSH standards. MNEs do not provide information on relevant OSH standards observed elsewhere, nor do they make known special hazards and related protective measures associated with new products and processes. They do not play a leading role in examining the causes of hazards and in applying preventive measures. However, there is cooperation in OSH matters in enterprises where workers are unionized and collective agreements contain provisions in this regard. Similarly, in enterprises with unionized workers, OSH specialists from unions are invited to carry out audits and train staff. There is cooperation in the setting up of safety committees and in the training of staff at union colleges. The BWU cites the example of a union being asked to assist in an exercise dealing with the safe use of chemicals and the search for less hazardous substitutes for certain chemicals.
The Government of Belgium states that the principles contained in Con-ventions Nos. 115, 119, 136 and 139 and the corresponding Recommendations are implemented through national law. Conventions Nos. 136 and 139 will soon be ratified. Belgian OSH standards are set out in the General Regulation for the protection of work and apply to all enterprises regardless of their nationality or legal status. MNEs, like national companies, are also subject to inspections by the Medical Labour Inspection Services. They are not obliged to inform the competent national authorities about the OSH norms which they observe in other countries. The national norms are of a high level and include, since the last survey, new standards derived from Council Directives (of the EU). The Council Directive adopted on 12 June 1989 is embodied in the Royal Order of 14 September 1992 concerning the improvement of workers' safety and health. This Order obliges employers to adopt measures to prevent occupational hazards, to provide specific training with respect to health and safety when new technologies are introduced and to inform workers about any hazard that can arise both from their individual post and from activities within the enterprise as a whole. Furthermore, each worker must be given adequate training to deal with new hazards as well as information on all hazards at the workplace. Specific attention is paid to pregnant women and nursing mothers. MNEs with extensive experience in a particular aspect of safety and health share this experience with other enterprises operating in the same economic sector. For example, workshops organized for specialists in occupational medicine enable them to exchange views. Publications in the field of OSH are also disseminated. MNEs cooperate easily with the national authorities and are obliged, like all enterprises operating in Belgium, to establish safety and health committees composed of representatives of both employers and employees. Through representatives, they can take part in OSH-related activities by submitting proposals with respect to new regulations. The National Labour Council (Belgium) also refers to the aforementioned Royal Order and adds that a collective agreement regarding parental leave was con-cluded in December 1995. This agreement marks the first concrete collaboration between social actors at the European level. There is also a Royal Order adopted on 8 February 1993 which modifies the Regulation concerning the provision of information to the Commmittee on Safety and Health and Improvement of the Work Environment. Collective agreements do not cover safety and health matters with the exception of clothing to be used at work and/or night work.
Brazil has ratified all the Conventions mentioned, reports the Government. The Department of Occupational Safety and Health promotes the observance of these norms and carries out periodic inspections to ensure compliance. The Jorge Duprat Figueiredo Foundation for Safety and Occupational Medicine (FUNDACENTRO), which has links with the Ministry of Labour, studies safety conditions in various enterprises with the aim of correcting problems that are found to exist in the workplace. Within enterprises, workers are represented on Internal Accident Prevention Committees (CIPAs) and they are protected from any form of interference and reprisal during their term of office. A very small number of enterprises, generally those with large-scale operations, give priority to the application of the international OSH standards mentioned. On the whole MNEs have a good record when it comes to observing national OSH laws and their norms are usually more stringent than those required by the host country. They provide information on the standards applied in other contexts. However, they are not known to disclose information on hazards and protective measures relating to the use of new products and processes, because of concerns about protecting industrial secrets and not providing information that may be used by trade unions. Very few national enterprises show an interest in workers' safety and health. MNEs are therefore the enterprises that are most involved in identifying and rectifying the causes of occupational accidents and diseases. Few collective agreements have provisions dealing with OSH, and wages remain the main subject of collective bargaining. MNEs cooperate with the competent authorities and with workers' and employers' representatives on OSH-related matters and play a leading role in this field. They can enhance this collaboration by upgrading the competence of their technical staff in this area, through further training in major international research centres. The Single Central Organization of Workers (CUT) states that none of the instruments cited are fully applied in Brazil. Workers do not take part in consultations and other OSH-related activities and the International Accident Prevention Committees (CIPAs) are "under the control of the enterprises". Workers are not supplied with information about hazards relating to the use of new products and processes. Agreements containing provisions on safety and health have been concluded for metalworkers and chemical workers after "thorny" negotiations. The CUT is of the view that there is need for an exchange and wide dissemination of information on experiences in the field of safety and health in different regions (e.g. the European Union) and it suggests that such dissemination of information could take place through the holding of joint ILO-WHO seminars at the national and international levels.
The Government reports that Cambodia has not yet ratified the instruments mentioned and that MNEs must apply the provisions of the Labour Code concerning OSH matters. Whereas MNEs do not make available information on OSH standards that they observe elsewhere, they do make known the special hazards that workers are exposed to during working time. Like national enterprises, MNEs play a leading role in examining the causes of OSH hazards and in applying corrective and preventive measures. Moreover, they cooperate with the Department of Occupational Medicine which is responsible for inspections. As workers' organizations are non-existent, there are no collective agreements containing provisions on OSH matters. There is no cooperation between MNEs and the competent organizations with regard to preparing and adopting international OSH standards.
The principles contained in the instruments mentioned are fully applied in Canada, reports the Government, and the replies to the previous surveys are still of relevance. As regards the Province of Alberta, MNEs usually have the best record when it comes to OSH standards and their initiatives often surpass the legal requirements. They have been able to adapt their policies and practices to prevailing local conditions and often play a leading role in industry associations, educational programmes and community activities for improving safety and health standards both at the workplace and in the wider community. Within the framework of Alberta's Partnership Programme, large enterprises cooperate with local contractors and subcontractors to develop and ameliorate their OSH programmes. MNEs are working with the Government of the Province to elaborate bidding requirements which take into account the OSH records and programmes of contractors as well as the carrying out of self-audits and third-party audits of safety and health conditions in enterprises. MNEs participate in the review of draft regulations and norms, in tripartite deliberations on new standards and in the activities of international organizations involved in safety and health-related matters. They take into account their global experience, assume a leading role in the field of OSH and are proactive in sharing their international experience with government, other companies, industry associations and local communities. The Government of the Province of Quebec reiterates that the national OSH legislation applies to all enterprises, including MNEs. Since 1992, certain OSH regulations have been amended. These include the Regulation on the Quality of the Working Environment (RQMT), the Regulation on Health and Safety in Mines (RSSTM) and the Regulation on Industrial and Commercial Establishments (REIC). The RSSTM makes the standards appropriate for dealing with new technological developments and practices, and offers greater protection than ILO standards in this regard. A consensus among employers and workers is necessary for revising OSH regulations and there are permanent mechanisms for bipartite consultations in order to update the aforementioned regulations, as well as others such as the Safety Code for Construction Works.
The Government indicates that Chad has not yet ratified Conventions Nos. 119, 115, 136 and 139. However, through its labour inspection service, it ensures that all enterprises apply adequate standards. Enterprises adapt their own OSH standards to local social and cultural conditions, depending on their contractual arrangements with certain workers. The labour inspectors always refer to the ILO's codes of practice and guides when carrying out their duties. Since Chad has not laid down its own OSH standards it cannot demand that enterprises observe "the highest standards" of safety and health. It also cannot ask them to inform workers and their representatives of the standards observed in other countries, nor can it demand that they make known special risks and protective measures. It also cannot ask them to play a leading role in examining the causes of OSH hazards and in applying corrective and preventive measures. There is no cooperation between MNEs and the social partners in the host country.
The Government of Chile says that its replies to the fifth survey concerning these paragraphs are still applicable. It notes that OSH standards are set out in the Health Code (Book Three), the Labour Code (sections 184-211, 153-157) and Act No. 16.744 of 1968 concerning Occupational Accidents and Diseases. There are also a number of Presidential Decrees to approve regulations of either general application or relating to specific industries. These cover: radiation; industrial health and safety; the prevention of occupational hazards; the setting up and functioning of bipartite health and safety committees at the workplace; the construction and handling of bond timber; the authorization of institutions, laboratories and establishments which inspect and attest to the quality of measures taken to protect workers against occupational hazards; setting norms and requirements for the protection of staff against OSH hazards; basic sanitary and environmental conditions at the workplace; setting special norms for experts in the prevention of hazards in mining; boilers and steam generators; permissible noise levels emanating from fixed sources; safety in mining; and Legislative Decree No. 2.222 of 1978 concerning safety in navigation. In 1995, a law (unspecified) was passed enabling workers who carry out laborious tasks to take early retirement. All national laws are in line with ILO instruments. The proposed reforms to the Labour Administration are intended to broaden the scope and effectiveness of its activities, including in the area of OSH. As regards MNEs, most of them observe higher standards than national enterprises. In keeping with section 21 of Presidential Decree No. 40 of 1969, employers must inform workers of occupational hazards, the substances and products they use in their specific jobs, the precautions to be taken and the preventive measures being applied to reduce the risks. MNEs do not as a general practice inform the authorities of the standards applied in other countries. They do participate in the standard-setting activities of international institutions, if requested, and like other companies, they cooperate with the competent authorities in this regard. The bipartite safety and health committees facilitate labour-management collaboration in OSH matters.
Colombia has ratified Convention No. 136, reports the Government. There are OSH laws which must be applied by all enterprises, including MNEs. Act 100 of 1993 instituted a scheme to which all enterprises must be affiliated, and which has as its principal objective, the protection of workers' health. There is a tripartite National Council of Occupational Hazards (Consejo Nacional de Riesgos Profesionales). There are regular inspections to monitor the application of those standards and sanctions are imposed on those who do not respect them. MNEs supply workers' and employers' organizations and the competent authorities with information on relevant OSH standards observed in other countries. They make known special hazards and related protective measures associated with new products and processes, through the occupational health programmes and suggest new ways of improving safety and health at the workplace. They cooperate with the competent authorities through safety committees. Nothing prevents MNEs and national enterprises from cooperating with international organizations in the preparation and adoption of OSH standards. Great strides have been made at the national level through their involvement in organizations such as the Colombian Safety Council (Consejo Colombiano de Seguridad). The National Association of Manufacturers makes the same observations as the Government and adds that all enterprises in Colombia must provide statistics on occupational accidents and diseases, indicating in each case the seriousness of the hazards and the frequency with which they occur. Some collective agreements contain provisions relating to safety and health at work. The General Confederation of Democratic Workers says that OSH standards are not fully respected in Colombia. This may be due to the unawareness of workers, the lack of divisions to deal with OSH matters in enterprises or the failure of those responsible for setting up such divisions. Information on OSH standards observed in other countries is made available by some MNEs. Not all multinationals make known special hazards and related protective measures associated with new products and processes. As regards the examination of causes of safety and health hazards and cooperation with OSH authorities, MNEs generally comply with the general requirements. On the whole, there are no workers' organizations in MNEs. In exceptional cases where there is trade union representation, and agreements are concluded between unions and managements, OSH matters may be covered by such agreements.
The Government reports that, with the social partners in Costa Rica, it takes all the necessary measures to apply the ILO Conventions and Recommendations mentioned. MNEs maintain the highest OSH standards in accordance with national requirements and they provide all those concerned with information on relevant standards observed in other countries. Through the bipartite Occupational Health Committees which exist in all workplaces, as well as through the workers' organizations, MNEs inform all those concerned of the special hazards and related protective measures associated with the use of new products and processes. They have very good occupational health programmes and cooperate very well with the OSH authorities in examining the causes of hazards and applying corrective and preventive measures. There is cooperation between MNEs, the competent authorities, OSH organizations, workers' representatives and workers' organizations. Moreover, OSH matters are covered in collective agreements.
The Government of the Czech Republic states that Conventions Nos. 115, 136 and 139 have been ratified and that the national standards are in conformity with these norms as well as those contained in Convention No. 119. MNEs maintain the highest OSH standards in accordance with statutory requirements. They inform workers of OSH standards relevant to the company's operations and of the norms applied in other countries. This information is provided to government authorities and employers' organizations through seminars and meetings. Under section 133 of the Labour Code, employees must be informed of special occupational hazards and related protective measures. Inspections of MNEs have shown that these requirements are respected and most have set up special safety and health departments, charged with identifying new hazards and proposing suitable protective measures. Cooperation between MNEs and the competent OSH authorities has been satisfactory, with the former sometimes asking the authorities to examine their approach to OSH matters. The Czech and Moravian Chamber of Trade Unions explains that a system of health protection and safety at work was established by the State under the previous system of government. The entry of MNEs has influenced reforms in this area, resulting in a more decentralized approach to OSH issues. Improved organizational methods, new technologies and quality control in manufacturing have had positive effects on OSH. Conventions Nos. 115 and 118 have been ratified and are generally observed by MNEs. Those in the chemical industry offer a good example of this. While there has been no marked violation of standards, certain MNEs take advantage of regulatory and legislative differences, especially when those of the host country are less stringent -- e.g. as regards the use of toluene-based solvents in the glass industry. Efforts to introduce measures for dealing with this problem have so far been futile. MNEs do not usually supply unions with information on OSH standards, unless asked to do so. The regularity and training of temporary workers in MNEs, as regards OSH, vary according to sector, but are generally good. MNEs tend to be more careful and thorough than domestic enterprises in examining occupational hazards, especially in high-risk industries. OSH matters are covered in "higher level collective agreements" and "company collective agreements". During the negotiation process, unions make a valuable contribution in ensuring the protection of workers' rights. Cooperation between national and multinational enterprises and the competent international organizations exists in several sectors -- e.g. in 1995 the Chemical Industry Association launched a programme called "Responsible Business in Chemistry" and the chemical industry union takes part in many such activities.
The Dominica Employers' Federation (DEF) does not have the information necessary for assessing the degree of observance of the instruments mentioned. A number of MNEs have high OSH standards. These may be based on those observed in operations in other countries or they may reflect an interest in demonstrating "good corporate citizenship". However, "others sometimes challenge national OSH legislation". The DEF is not aware whether information on relevant standards observed elsewhere is made known. Where information is requested by the Labour Division or by a bargaining agent for the purpose of collective bargaining, it is not withheld unreasonably. MNEs, like other enterprises, have a legal obligation to play a leading role in examining the causes of occupational hazards and applying remedial and preventive measures.
According to the Government of Ecuador, the Regulation concerning safety and health at work is issued by the Ecuadorian Social Security Institute (Instituto Ecuatoriano de Seguridad Social). The activities of the Department of Occupational Hazards, the Industrial Safety Committees and the Departments of Industrial Safety are in line with this Regulation, which must be respected by all enterprises. Tripartite involvement in OSH matters as well as the establishment of mechanisms for coordinating the activities of different institutions, are made possible under the Regulation concerning Workers' Safety and Health and Improvement of the Environment at the Workplace (Reglamento de Seguridad y Salud de los Trabajadores y Mejoramiento del Medio Ambiente de Trabajo). All enterprises are subject to labour inspection. Those with advanced technologies and considerable financial resources are generally expected to observe better OSH standards and to apply the superior norms which they observe in other parts of the world. There is a high level of cooperation between foreign enterprises and national authorities. In fact, their conduct tends to be exemplary in this regard. Like national enterprises, they generally include OSH matters in collective agreements. By way of example, the Government refers to the collective agreement concluded between the major food and drink MNE (named) and its workers in Ecuador, which contains provisions relating to the provision of medical facilities at the workplace, uniforms, protective gear and OSH courses for members of the Safety and Health Committee (copy of agreement attached).
The Government of Egypt states that the principles contained in the instruments mentioned are applied to the extent that they are incorporated in the national legislation. MNEs maintain the highest OSH standards in accordance with national requirements and, upon request, they inform workers' representatives as well as workers' and employers' organizations about the OSH standards they observe elsewhere. They inform workers about special hazards before they start work and train them to use the necessary machinery. They play a leading role in examining the causes of OSH hazards and applying remedial and preventive measures. They cooperate with the competent OSH authorities, workers' representatives and organizations. OSH matters are included in collective agreements and multinationals cooperate with international organizations with regard to training, raising awareness of major OSH matters and supplying OSH statistics. According to information provided by the Federation of Egyptian Industries, enterprises in the pharmaceutical and metal trades (named) maintain the highest OSH standards in accordance with national requirements, and make available information on OSH standards that they observe elsewhere. Some pharmaceutical companies supply information related to their products. Others discuss OSH matters regularly in their safety committees, distribute relevant documentation to the staff and display certain OSH-related information on notice-boards. There are cases of pharmaceutical enterprises that train workers to deal with, and protect themselves against occupational hazards. They raise awareness by providing information on production processes, and apply strict measures to ensure that machinery and equipment are safe. Certain companies apply the standards of the home country, provided that they are not less stringent than the national requirements. In addition, they comply with the provisions of Act No. 4 of 1994 on environmental protection, e.g. non-disposal of harmful wastes in the sewerage system. Certain enterprises in the metal trades make known to the competent authorities special hazards and protective measures associated with the use of new products, while others inform and instruct their staff on OSH matters, provide protective measures, and cooperate with safety bodies and workers' representatives. There are examples of pharmaceutical and metal trade enterprises (named) that play a leading role in examining OSH matters and implementing remedial and preventive measures. They cooperate with the competent OSH authorities, workers' representatives and organizations, and include OSH matters in collective agreements.
The Government reports that though Estonia has not ratified Conventions Nos. 115, 119, 136 and 139, the principles and standards of these instruments and their corresponding Recommendations are respected. Health and safety in MNEs are sometimes better than in comparable national enterprises. MNEs provide information on relevant OSH standards to workers' representatives, workers' and employers' organizations, and the competent authorities, in the same way as other enterprises do. The main problems in the field of health and safety do not arise from lack of information. MNEs have always incorporated safety and health matters in collective agreements. Estonia's role in the preparation and adoption of international labour standards has been rather limited.
The Ethiopian Government replies in the affirmative to the first three questions and adds that MNEs carry out training programmes specifically associated with the use of new technologies and production processes. Many OSH matters are incorporated in collective agreements. Cooperation between MNEs and national enterprises in the preparation and adoption of international OSH standards is not yet developed.
The Government of Finland confirms that Conventions Nos. 115, 119, 136 and 139 have been ratified, and Government Decisions (1314/94 and 1403/93) concerning the safety of machinery and safe use of tools were issued during the period under review. As a result of these, several Government Decisions on individual machines or equipment have been repealed. There is comprehensive national OSH legislation which includes provisions concerning the informing of workers, labour-management cooperation on OSH matters, the arranging of occupational health services and labour inspection. It applies to MNEs as well as to national enterprises. The Labour Protection Act stipulates that employers must give workers guidance and training for the prevention of occupational accidents and hazards. The legislation also specifies the content of information to be given to workers. It states that work which might entail risks of accident, illness or danger of fire may not, even temporarily, be carried out by persons other than those with the necessary competence to do such work or those who are supervised by such persons. These provisions also apply to MNEs. The central employers' and workers' organizations have concluded agreements on safety and health. Enterprise-level arrangements are also possible since the law allows employers, workers and/or their representatives to agree on the modalities for cooperation as required by law, in a manner best suited to conditions in the workplace. However, workers must have the possibility of dealing with OSH matters as required by the legislation. These provisions apply also to MNEs, which like other enterprises, may join employers' organizations and participate in standard-setting activities, which take place at a tripartite level. Statements and preparatory legislative work concerning international labour standards are prepared in the tripartite national ILO Committee. Representatives of enterprises may, in their capacity as experts in the Committee, make known the experiences of individual enterprises. The Confederation of Finnish Industry and Employers and the Employers' Confederation of Service Industries report that Finland has ratified the Conventions in question, and the principles outlined in the Recommendations mentioned are also taken into account. MNEs apply high standards of safety and health in accordance with national legislation, and to some extent they draw on their knowledge and experience gained in other countries. MNEs participate on an equal footing with domestic enterprises in OSH-related activities at the local and international levels. The Central Organisation of Finnish Trade Unions (SAK), the Finnish Confederation of Salaried Employees (STTK) and the Confederation of Unions for Academic Professionals in Finland (AKAVA) note that occupational health and safety services are provided by MNEs. In the chemical industry, working conditions and the environment are given special attention in those enterprises which have a "Responsible Care" programme. Workers would like to see the improvement of working conditions and environ-mental issues accorded the same importance as performance-related pay systems.
The National Council of French Employers states that the national OSH legislation applies to all enterprises, including MNEs. Initiatives for improving regulations relating to various aspects of OSH always take into account the work carried out by international organizations. The social partners act in accordance with the OSH policy elaborated within the framework of the higher council for the prevention of occupational hazards. They also deal with OSH matters in safety committees, which by law, must be set up in enterprises with at least 50 workers. Safety and health at work is a field in which there are many complex and burdensome EU regulations to which the national laws have had to be adapted, sometimes with great difficulty.
The Government indicates that Gabon has not ratified Conventions Nos. 119, 115, 136 and 139. However, the new Labour Code (Title IV, sections 196-229) regulates the general OSH standards, which are applied to the fullest extent possible. However, there is a problem of environmental pollution. National legislation requires that MNEs make information on the standards observed in other countries available to workers and their representatives. There is a Commission which grants approval for the importation of machinery. Special hazards and related protective measures are made known through leaflets issued by the information or safety division. The Government cites the example of a mining company (name given) which has such a service. MNEs play a leading role in examining OSH standards and applying both remedial and preventive measures. OSH matters are incorporated in internal company regulations and displayed in a place accessible to all workers. With regard to international OSH standards, cooperation between national and multinational enterprises as well as the competent international organizations takes place through the dissemination of the texts of new instruments for discussion, prior to their adoption by the International Labour Conference of the ILO. The Gabonese Confederation of Free Trade Unions observes that while the principles contained in the Conventions and corresponding Recommendations are complied with, workers have not been provided with comparative information on OSH standards observed by MNEs in other countries.
The report to the fourth survey is still applicable, according to the Government of Germany. It notes that the Machine Safety Act was amended on 23 October 1992 and regulations were issued to harmonize different legal requirements concerning the use of machinery and other equipment.
The Government of Greece notes that OSH legislation, regulations and inspections to ensure their effective implementation are applicable to both national and multinational enterprises. OSH regulations and, more generally, regulations for the improvement of working conditions, are applied by the parties concerned. Inspectors have a mandate to visit all enterprises to check working conditions, suggest improvements to be made, investigate cases of occupational accidents and diseases as well as impose sanctions. These are in line with Conventions Nos. 115 and 136 which have been ratified. Legislation in force satisfactorily covers nearly all the provisions contained in Convention No. 119 even though it has not been ratified. Greece has not ratified Convention No. 139, but its principles are to a large extent covered by existing national laws. MNEs apply the highest OSH standards and make available any information that the competent authorities may ask for. By law, all employers must, upon request, provide information to the competent inspection authorities and industrial physicians on the processes and the materials used which have a bearing on workers' health and inform employees about special hazards associated with their work. The Government emphasizes that no distinction is made between national enterprises and MNEs, and all employers must adopt appropriate measures to insure workers and third persons at the workplace against major hazards which may threaten their health and physical well-being. As for enterprises with more than 150 workers, the employer must engage the services of competent safety experts and industrial physicians for carrying out inspections and giving advice with respect to the planning, building, maintenance and use of installations, and the provision of adequate protective measures. These requirements will ultimately apply to all enterprises, regardless of their size. MNEs and the competent authorities cooperate in this field and OSH matters are included in all collective agreements. Cooperation between enterprises and international organizations is successfully realized through workers' organizations which participate in the adoption of international OSH standards. Enterprises also make an important contribution to shaping the opinions of government authorities with regard to draft texts on international standards. This is made possible through their participation in the Higher National Council on Occupational Safety and Health (Conseil National Supérieur de Securité et d'Hygiène du Travail). This is a consultative body within the Labour Ministry that brings together representatives of Government, employers and workers as well as scientific experts and others involved in related fields of activity.
The Government reports that the principles embodied in the relevant safety and health Conventions and Recommendations are applied in Grenada. MNEs maintain the highest standards of safety and health and provide, on request, information on standards they observe in other countries. However, they do not make known to those concerned, the special hazards and appropriate protective measures associated with new products and processes. MNEs do not play a leading role in examining the causes of safety and health hazards and in applying remedial and preventive measures. They cooperate with all concerned in safety and health matters which are covered in agreements with workers. Attached to the Government's report are excerpts of a collective agreement which provides for the provision of safety gear to workers, the payment of compensation in cases of accidents (under an ex-gratia scheme) and the setting up of a five-member Health and Safety Committee on which the union will have two representatives, at least one of whom must be employed by the company.
The Government confirms that Hungary has ratified Conventions Nos. 115, 136 and 139 and applies the basic principles of Recommendations Nos. 118, 114, 144 and 147 which are enforced by ministerial decrees. Certain decrees are being reviewed to take into consideration the underlying principles of these Conventions and Recommendations. They cover, inter alia, the general requirements for promoting safe work and healthy working conditions; limits on (daily and hourly) exposure to specific health hazards; medical examinations; the notification and examination of occupational diseases, and increased exposure to health hazards. Act No. XCIII of 1993, which came into force in January 1994, and OSH regula-tions published in August 1994, stipulate that healthy and safe working conditions should be ensured by all employers. In the absence of OSH-specific surveys on MNEs, there is no information regarding the compliance of these enterprises with OSH regulations. The establishment of an employment health service in accord-ance with ILO requirements, is expected to facilitate the collection of such information. A "significant proportion" of MNEs comply fully with the OSH regulations. Some meet the minimum standards, while a few, especially in the field of construction, violate them altogether. In most cases, MNEs inform workers about the relevant technology-related regulations in force in other countries. This is communicated through educational programmes, exchange of information on experiences, and temporary attachments to the parent company. MNEs in the chemical industry generally provide manuals containing information on the regulations in force in other countries and apply international standards. Very rarely have MNEs refused to make the OSH regulations in force in other countries available to the Labour Safety Inspector. There is no information to determine whether workers' representatives, or employers' or workers' organiza-tions are provided with or have access to such information. Most MNEs inform workers of hazards connected with the production process and take precautionary measures to avoid occupational accidents. Some have also examined the causes and effects of serious accidents which occurred at the parent company, published the findings, and taken further precautionary measures to prevent similar accidents from occurring. In the event of an accident, they usually cooperate fully with safety officials in the investigations. MNEs play a more significant role in disclosing the causal relationship between occupational accidents and deficient safety practices. It is typical of the Budapest-based employers to participate, through their associations, in the examination of the causes of accidents, in providing legal solutions and adopting preventative measures. MNEs usually maintain a fair level of cooperation with the competent authorities. Such coopera-tion is usually case-specific and MNEs are usually receptive to the authorities' efforts and comments. The Government is not aware of whether OSH issues are covered under existing labour agreements. Only a few MNEs and national enter-prises maintain relations with relevant international organizations though most are interested in fostering such relations. A few MNEs participate indirectly in the development of international standards through their parent companies. Opportunities for greater involvement by MNEs in the exchange and sharing of information about their experiences exist through the Hungarian Industrial Chambers or other groups. The National Confederation of Hungarian Trade Unions, the National Federation of Workers' Councils and the National Federation of Autonomous Unions say that in most cases, workers' representa-tives are only informed about regulations relating to the way in which material should be handled, when the work is under way. Experiences in this regard, are more favourable in those companies which have been certified to ISO 9000.
The Government replies that in India the provisions of the Conventions and Recommendations mentioned are, by and large, applied. India has not ratified Conventions Nos. 119 and 139 because of difficulties in enforcing their provisions in its large unorganized sector. In order to maintain the highest standards of safety and health, the Factories (Amendment) Act 1987 was promulgated. This contains an exhaustive list of issues relating to safety and health which need to be disclosed to the competent authorities, workers' organizations and the general public. The expertise of MNEs and their relevant global experience in the field of safety and health constitute an advantage that is made use of. Workers must be informed about hazards arising from exposure to or handling of material or substances involved in manufacturing, transport and storage activities, as well as measures to be taken to safeguard workers against possible hazards arising out of new processes and products. MNEs do not, on their own initiative, provide the competent authorities and workers' organizations with information on standards observed in other countries and special hazards and related protective measures associated with new products and processes. The Factories Act and related Rules provide for cooperation between occupiers of all factories, including MNEs, and the competent safety and health authorities. The representatives of workers and their organizations are becoming increasingly aware of the importance of OSH, and sometimes they conclude agreements incorporating these matters. By law, safety officers are employed in factories which either have more than 1,000 workers or are involved in the use of hazardous processes or in dangerous operations. Workers participate in safety committees.
The Government of Indonesia states that the principles embodied in a number of the instruments cited are applied and that MNEs maintain the highest standards of safety and health, though not all of them make available to the concerned bodies, information on relevant OSH standards observed elsewhere. Most MNEs make known the special hazards and related protective measures associated with their products and production processes. Moreover, the existing legislation emphasizes the obligation of management to give explanations on dangerous materials used in production and with regard to the operation of new equipment. MNEs play a leading role in examining the causes of hazards and in applying remedial and protective measures. Through seminars there is cooperation among national enterprises, MNEs, government and the competent international organizations for the preparation and adoption of ILO Conventions.
Ireland ratified Convention No. 139 in 1995 and the standards it embodies are applied by all concerned, states the Government. MNEs maintain high OSH norms in keeping with the national requirements. It is not known whether they supply information on the norms they observe elsewhere, but they do make all those concerned aware of the special hazards and related protective measures associated with the use of new products and processes. Multinationals, like local companies, play a leading role in examining the causes of industrial hazards and in applying corrective and preventive measures. They cooperate with the competent authorities, OSH bodies, workers' representatives and their organizations. Many MNEs, like comparable domestic enterprises, belong to the Irish Business and Employers' Confederation. Like the Irish Congress of Trade Unions and other interested parties, the Confederation is consulted by the National Authority for Occupational Safety and Health when OSH standards are being prepared and/or adopted. The Authority also liaises with the relevant international institutions.
The General Confederation of Industry reports that Italy has ratified the Conventions mentioned and that their principles as well as those of their respective Recommendations are applied. MNEs maintain the highest OSH standards and inform workers' and employers' organizations as well as the competent authorities about relevant OSH standards that they observe elsewhere. Moreover, MNEs make known special hazards and related protective measures to those concerned. Like comparable national enterprises, they play a leading role in examining the causes of OSH hazards. They cooperate with all concerned, including international organizations responsible for the preparation and adoption of international OSH norms.
The Japan Federation of Employers' Associations (NIKKEIREN) refers to the Guidelines for Overseas Direct Investment (Kaigai Tshi Kd Shishin), which call on Japanese MNEs to take into account local circumstances when making decisions relating to working conditions. They are also urged to improve the work environment and OSH.
The Government of Jordan reports that the principles of the ILO instruments mentioned are incorporated in the national legislation. MNEs, like local enterprises, respect national OSH standards. MNEs are free to make available to workers' representatives, trade unions and employers' organizations, information on the OSH norms they apply in other countries. They are required to inform those concerned about special hazards related to the use of products and processes. This is done through lectures and notices displayed at the workplace. The Amman Chamber of Industry (Jordan) replies in the affirmative to the first three questions.
The Government of the Republic of Korea states that the Conventions mentioned have not yet been ratified, but in conformity with the principles of the Declaration various measures have been implemented to promote OSH. These include: the inspection of dangerous equipment; the examination of safety plans for dangerous construction work; raising awareness on OSH issues; and the implementation of prevention plans for major industrial accidents. The Industrial Accident-Free Movement has been in existence since 1979. Its aim is to create safe workplaces. Workers and employers participate in this Movement, which has contributed to a decrease in the number of industrial accidents. A campaign to promote a safe work environment has been launched with tripartite cooperation. The possibility of ratifying the relevant ILO Conventions on OSH is under review. According to the Korea Employers' Federation, the principles of the Conventions mentioned are applied "to a reasonable degree". MNEs conform to national OSH standards. They cooperate in OSH matters with the organizations representing their workers and the issues raised are incorporated in collective agreements. MNEs do not cooperate with other bodies, either at the national or the international levels, in OSH matters.
The Government reports that Kuwait has ratified Conventions Nos. 119 and 136, as well as Labour Inspection Convention No. 81. MNEs apply all OSH standards contained therein, and also the principles of Recommendation No. 118. There are state institutions that supervise the implementation of OSH standards by all enterprises. Regular, surprise inspections of the workplace are carried out. While MNEs maintain the highest OSH standards, they do not provide information about those that they observe elsewhere, nor do they make known special hazards and related protective measures. They cooperate with the competent OSH authorities as well as with employers' and workers' organizations. Moreover, their internal regulations are in conformity with both national and international OSH standards.
The Federation of Luxembourg Manufacturers notes that MNEs are at the forefront of progress when it comes to OSH standards. Relations between MNEs, competent authorities, workers' representatives and organizations are highly developed. Adequate protection against occupational hazards is provided to those concerned. The Confederation of Independent Trade Unions notes that, on the whole, the provisions of these paragraphs are complied with satisfactorily. It would however be useful to have a policy whereby information would be systematically made available on the OSH standards that MNEs apply outside Luxembourg as well as on special hazards and related protective measures, since the practices in this regard differ significantly among enterprises. It should be obligatory to inform shop stewards on these matters, and if necessary, also the members of the joint (labour-management) committee. The information supplied should be standardized.
Malaysia has ratified Convention No. 119, states the Government. Where relevant, the principles of the other Conventions mentioned, but which have not been ratified, have been incorporated into existing OSH legislation. The 1967 Factories and Machinery Act and the 1994 Occupational Safety and Health Act provide the guidelines for national OSH standards. In general, MNEs maintain norms that are in conformity with, and in many instances exceed, the statutory requirements. This is evidenced by the fact that, since its inception, MNEs have won the National Award for Occupational Safety and Health every year. MNEs do not encounter any problems in getting information on the OSH standards that they observe in other countries, and workers' representatives in the National Council for Occupational Safety and Health can request such information. In order to ensure safety and health at the workplace, information is given to employees and those concerned, through the distribution of leaflets, and discussions in the workplace safety and health committees. MNEs, especially in the electronics and oil and gas industries, play a leading role in examining the causes of occupational hazards and in applying both remedial and preventive measures at the workplace. For example, MNEs have responded promptly and positively to requirements for preparing safety reports concerning major hazard installations, in accordance with the OSH regulations in force. Generally, MNEs cooperate fully with the competent authorities, established safety and health organizations and representatives of the workers and their organizations. General provisions on OSH are usually incorporated into agreements between workers and MNEs. The Malaysian Trades Union Congress reports that the principles of the Conventions mentioned are not fully applied. It replies in the negative to all the parts of question (2). As regards question (3), it states that there is not much cooperation on OSH matters and only provisions of a "very general nature" are included in collective agreements.
The General Confederation of Employers of Mauritania states that Mauritania has not ratified Conventions Nos. 115, 119, 136 and 139. Since the country has not attained a degree of development comparable to that reached in industrialized countries, it is not in the position to have the different parties comply with the principles contained in these instruments. National law does not require OSH standards to be of a higher level for MNEs than for national enterprises. MNEs neither provide information on relevant OSH standards that they observe in other countries, nor make special hazards and related protective measures known to those concerned. In addition, MNEs do not play a leading role with respect to examining OSH standards and applying remedial and preventive measures. There is no specific framework for consultations between MNEs and workers' representatives or their organizations. However, the National Council for Work and Employment (Conseil National du Travail et de l'Emploi) may serve this purpose. No information is available on cooperation between national enterprises, MNEs and the competent organizations with respect to the preparation and adoption of international OSH standards. The Free Confederation of Workers of Mauritania (CLTM) reports that the principles contained in the instruments listed are not observed by any of the parties. MNEs and Government "very seldom" apply OSH standards, and the former do not provide the representatives of workers and employers or the competent authorities with information on OSH standards that they observe elsewhere, particularly in developed countries. MNEs do not make known to those concerned the special hazards associated with their products and processes, even if they may be fatal. If their products cause fatalities, MNEs neither admit their responsibility nor compensate the families of the victims. CLTM cites as an example, the case of a company in the gold mining industry (name given). No enterprise, whether national or multinational, plays a role with regard to examining the causes of OSH hazards and applying remedial and preventive measures. In the CLTM's view, neither MNEs nor Government show an interest in OSH matters.
The Government reports that in Mauritius the principles embodied in ILO Conventions and Recommendations have been incorporated to the greatest extent possible in the Occupational Safety, Health and Welfare Act 1988 and the Radioprotection Act enforced by the Ministry of Health. There is absolutely no difference between local and multinational enterprises with regard to the enforcement of safety and health legislation. No major difficulty has been encountered so far to obtain relevant safety and health information on any process carried out in a multinational enterprise. MNEs cooperate with the relevant institutions in the promotion of safety and health at enterprise level. During the last five years there has been no occasion to cooperate with international organizations in the preparation or adoption of OSH standards.
Of the instruments mentioned, Mexico has only ratified Convention No. 115 reports the Government. However, the principles of the other Conventions are incorporated in the General Regulations on Occupational Safety and Health and the 116 Official Mexican Standards issued to date. They are also reflected in national practice. Collective agreements covering workers in the automobile, food and petrochemical industries contain provisions that are in line with the prescribed standards. Section 132 of the Federal Labour Act sets out the obligations of employers in the field of OSH and these correspond to the recommendations contained in the Tripartite Declaration. There are joint safety and health committees through which workers are informed about workplace hazards and preventive measures. MNEs do not as a general practice supply all the information requested on standards observed in other countries. Through their representative organizations, all enterprises, including MNEs, have been able to cooperate in the preparation and adoption of OSH standards at the sectoral, national and international levels. The Mexican Confederation of Chambers of Industry states that the principles of Conventions Nos. 115, 119, 136 and 139 and those of their corresponding Recommendations apply to all enterprises. MNEs, like domestic enterprises, are subject to inspections. Their participation in OSH programmes is noteworthy and they are particularly careful about introducing safety measures at the workplace and preventing hazards. As required by law, MNEs, like workers, are represented in the Joint Safety and Health Committee (Comisión Mixta de Seguridad e Higiene) which deals with promoting safety, preventing accidents and providing training in the field of OSH. The Confederation of Mexican Workers agrees with the Government.
The Government of Myanmar reports that the principles of Conventions Nos. 119, 115 and 136 and those of their corresponding Recommendations, "are applied to some extent". Whereas MNEs maintain reasonable OSH standards, they do not provide information on the standards that they observe elsewhere, nor make known special hazards and related protective measures to those concerned. Moreover, like comparable national enterprises, MNEs do not yet play a leading role in examining the causes of OSH hazards and applying remedial measures. While MNEs cooperate with the competent OSH authorities, e.g. the Factory Inspectorate, they do not conclude agreements covering OSH matters with workers. National and multinational enterprises cooperate with competent international organizations, e.g. the ILO, in the preparation and adoption of international OSH standards through seminars, training workshops and educational programmes.
The Government states that none of the Conventions cited have been ratified by Namibia. However, MNEs in the country maintain the highest standards of safety and health and make available to all concerned relevant information on safety and health norms observed elsewhere. They also make known the special hazards associated with new products and processes, and related protective measures. MNEs play a leading role in examining causes of safety and health hazards and in applying both preventive and remedial measures. They cooperate with the competent safety and health bodies. The Namibian Labour Advisory Council has a Standing Committee on Occupational Health and Safety in which the social partners take part in discussions, cooperate on all issues of mutual concern, and contribute to the promotion of international OSH standards.
The Government of the Netherlands highlights some of the main features of the Working Conditions Act which has been in force since 1 October 1990. The amendments to the Act are based on the provisions of Council Directives (of the EU) on safety and health, as well as national health and welfare policies. A novel feature of the new Act is its coverage of homeworkers. Under section 4 of the Act employers must carry out an inventory and assessment of occupational risks, including those associated with the use of machinery and equipment, substances and preparations, and the design of the workplace. They must elaborate a policy on working conditions on the basis of the inventories and risk assessments. Employers must make use of the assistance of experts in the field of accident prevention and the protection of workers, and enterprises must become "affiliated to a certified safety, health and welfare service" (sections 17 to 21a). An in-house emergency service for employees must be set up in accordance with sections 22 to 23b of the Act. Workers must also be given the opportunity to have periodic medical examinations, with the aim of preventing or limiting occupational risks, as far as possible (section 24a). The notification and recording of occupational accidents and illnesses are required. Self-employed persons must comply with the Act, and so too must persons other than the employer (as specified by law) who take decisions on matters which have a bearing on health and safety at the workplace (sections 27 to 30). As of 1 January 1994, regulations concerning working conditions and the prevention or reduction of sick leave have been harmonized in a bid to combat absenteeism as a result of sickness, which has become a major issue. There is a Policy on Working Conditions and Sickness Absence (copy annexed to report) which contains key points which employers are urged to take into account when formulating and implementing company policy on workers' safety, health and welfare. Employers must consult works councils, or in the absence thereof, the interested employees, on all OSH-related matters, including the "sickness absenteeism policy" and in-house emergency services. Certain companies (belonging to "a category designated by an order in council") are required to formulate an annual safety, health and welfare plan in consultation with the works council. The Federation of Netherlands Industry and Employers agrees with the Government.
New Zealand has not ratified the Conventions mentioned. The Government points out that the 1992 Health and Safety in Employment Act is comprehensive and applies to all workplaces, including MNEs. Under the Act all employers are required to take steps to ensure workers' safety, maintain the prescribed norms, identify hazards at the workplace and afford workers the opportunity to be fully involved in developing procedures for managing workplace hazards and dealing with emergencies. Employers must eliminate significant hazards, and where this is not possible, they must minimize them. Protective clothing and equipment must be supplied and workers' exposure to any given hazard must be monitored. Workers must be informed of hazards and the measures to be taken to protect themselves and others. The legislation in force does not require MNEs to furnish information on the OSH norms they apply in other countries. The Act provides for labour inspection, the issuing of "improvement or prohibition notices" by inspectors and the prosecution of those who violate the law. The Occupational Safety and Health Service of the Department of Labour helps to promote respect for the law by supplying all those concerned with information, and drawing up relevant codes of practice and guidelines. The Government is not aware of the independent activities by MNEs with regard to the OSH-related work of international organizations. The New Zealand Employers' Federation supports the Government's statement.
The principles of the ILO Conventions and Recommendations mentioned are applied in Nicaragua to the fullest extent possible, states the Government. They are also incorporated in the national OSH laws. During the period under review, Act No. 156 concerning Ionizing Radiation (21 April 1993) was enacted and Decree No. 24-93 was issued, to regulate activities connected with the use of radioactive isotopes and related activities. The OSH standards observed by MNEs conform with national requirements. They provide workers, organizations representing the social partners and the competent authorities, with information on OSH standards to be implemented, as well as measures for protecting the health and safety of workers when carrying out their duties. They develop programmes to disclose information on the methods and procedures to be used to improve working conditions and the work environment. MNEs, like national enterprises, play a key role in examining the causes of occupational hazards and applying corrective and preventive measures. They cooperate fully with the competent authorities, organizations concerned with OSH, workers' representatives and trade unions in this field. Collective agreements concluded with MNEs generally contain provisions on health and safety at work. Multinationals, local enterprises and the competent authorities cooperate in the preparation and adoption of international OSH norms.
The Government of Nigeria states that the principles of the various Conventions and Recommendations on safety and health are incorporated in the national legislation. MNEs are therefore required to observe the OSH regulations. They maintain the highest standards in conformity with national requirements. They make available to the competent authorities information on safety and health standards which are used in other countries. Some MNEs make known to those concerned the special hazards and related protective measures associated with the use of new products, through their representatives and through public awareness campaigns. MNEs, to some extent, play a leading role in examining the causes of safety and health hazards and in applying both remedial and preventative measures in a more favourable manner than their domestic counterparts. MNEs cooperate with the competent safety and health authorities, as well as with other concerned parties, for the adoption of international OSH standards. OSH matters are incorporated in agreements between MNEs and workers' organizations. The Nigeria Employers' Consultative Association confirms that the principles of the various ILO Conventions on safety and health ratified by the country are incorporated in national legislation. MNEs are therefore required to observe all rules for the protection of employees from work hazards. The Nigeria Labour Congress points out that Nigeria has not yet ratified the Conventions cited. An attempt was made by Government to apply, through the 1987 Factories Decree (No. 16) and the Workmen's Compensation Decree No. 17, 1987, the principles embodied in the Recommendations mentioned. However, the provisions were contradictory and inadequate. MNEs often do not maintain the highest OSH standards. They do not make available information on relevant OSH norms observed elsewhere and only on occasion do they inform those concerned of the special hazards and related protective measures associated with the use of new products and processes. They do not play a leading role in examining the causes of OSH hazards and applying corrective and preventive measures. MNEs sometimes cooperate with workers, as well as the competent safety and health authorities and organizations. The tripartite National Health and Safety Council which deals with health and safety issues is ineffective and inadequately funded.
The Government reports that Norway has ratified Conventions Nos. 119, 115 and 139. The principles embodied in Convention No. 136 are fulfilled through general OSH legislation and as a result of the application of Convention No. 139. There are no data available on the OSH standards maintained by MNEs and MNEs do not play a leading role either in examining the causes of safety and health hazards or in the application of remedial and preventive measures. Norwegian OSH laws and regulations apply to all enterprises. Employers and workers, including in MNEs, cooperate with the Directorate of Labour Inspection and there have been no particular problems as regards the application of national OSH laws and regulations by MNEs. The Confederation of Norwegian Business and Industry is in agreement with the views expressed by the Government.
None of the Conventions mentioned have been ratified by Pakistan. According to the Government, the 1934 Factories Act applies to all enterprises, and failure to respect the OSH norms is an offence. As required, health facilities are provided to workers and management is responsible for ensuring that there are medical examinations for all workers who are engaged in hazardous operations, exposed to serious risks, or who have suffered occupational accidents and diseases. If required, the workers concerned must be given compensation under the terms of the relevant law. The Employers' Federation of Pakistan reports that workers in MNEs, like those in other enterprises, are provided with medical care, injury benefits, maternity benefits and disability pensions. MNEs maintain OSH standards in conformity with national requirements. To the extent possible, they supply information on the standards that they apply in other countries. MNEs conduct frequent in-house programmes to raise workers' awareness of, and to train them in, handling special hazards, and using related protective measures associated with the use of new processes. They are also sent on external programmes. MNEs play a leading role in the field of OSH, and they sometimes contribute more than domestic enterprises in this regard. Cooperation between MNEs and the competent authority, workers' organizations and other organizations dealing with OSH issues, depends on company policy. OSH matters are occasionally included in collective agreements. MNEs cooperate on OSH matters at the national level, but nothing is known about such activity at the international level.
Poland has ratified Conventions Nos. 115 and 119. Some of the provisions of the other unratified Conventions, as well as those of other international OSH standards, have been incorporated in the national legislation, which must be applied by all enterprises. The Government notes that the violation of national OSH standards is a punishable offence. On the basis of inspections of 2,319 MNEs, it has been found that there is no difference between these enterprises and others, when it comes to building safety standards. Conditions were "slightly better" in MNEs as regards standards of hygiene, sanitation facilities, heating, lighting and electrical installations. With respect to production processes, internal transport systems and exposure to hazards, the situation was worse in those MNEs that were covered by the survey, than in other establishments. Following the factory inspections, conditions improved in 45 per cent of the enterprises concerned. A survey of in-house safety and health services was carried out in 2,184 companies. Thirty per cent were found to have a special safety and health unit, 15 per cent had given an individual the additional task of dealing with OSH matters, and 22 per cent had conferred this responsibility to a specialized external institution. In 15 per cent of the cases, there was no obligation to create such an internal service, because of the size of the enterprise. Seventeen per cent had set up no such service, notwithstanding the obligation to do so. Fourteen per cent of state enterprises and the same percentage of local private companies were found not to have internal safety units. The Government stresses that the survey does not permit the drawing of conclusive findings with respect to the observance of OSH norms by MNEs as opposed to other enterprises, but that it does offer some insight into the situation in a number of enterprises. Poland has not ratified Conventions Nos. 136 and 139, reports the Independent Self-Governing Trade Union "Solidarno". Large MNEs, which tend to attach great importance to their reputation, generally have appropriate OSH and environmental protection standards. The situation is the same with respect to the provision of information in this field, examination of the causes of occupational hazards, the application of measures to improve OSH standards and cooperation in OSH-related matters at both the national and international levels.
During the period covered by the survey Portugal ratified ILO Convention No. 115, replies the Government. National OSH legislation applies to all enterprises. The General Union of Workers (UGT) says that it "seems" that the principles embodied in the instruments mentioned are applied in Portugal. Workers are made aware of risks associated with the handling of new products and processes and of the appropriate forms of protection. However, trade unions and trade unionists are not informed of the norms that MNEs observe in other countries. Some collective agreements provide for the discussion of OSH-related matters and the setting up of joint safety and health committees. The UGT believes that the situation may be improved through specific legislation or incentives.
According to the Government of Romania, the principles embodied in the instruments mentioned are applied to the greatest extent possible. While MNEs observe the highest OSH standards in accordance with national requirements, they do not inform the workers' representatives or workers' and employers' organizations on the standards observed elsewhere. The Government does not know whether special hazards and related protective measures are made known to those concerned, by MNEs. Like comparable national enterprises, MNEs play a leading role in examining the causes of OSH hazards and applying remedial and preventive measures. While MNEs comply with national OSH laws and cooperate with the competent authorities, they do not cooperate with representatives of workers and their organizations. The Government does not know whether OSH matters are incorporated in agreements signed between workers and MNEs. Enterprises do not cooperate with the competent international organizations for the preparation and adoption of OSH standards.
The principles embodied in the Conventions and Recommendations are respected, says the St. Vincent Employers' Federation. MNEs do not maintain the highest OSH standards and they do not make available information on relevant norms observed elsewhere. In most cases, it is the persons concerned, and particularly the workers' representatives, who have to find out the requirements for dealing with special hazards and demand that they be implemented. MNEs, like national enterprises, do play a leading role in examining the causes of occupational hazards and in applying remedial and preventive measures. They cooperate to a certain degree with the competent authorities, OSH organizations, workers' representatives and workers' organizations on safety and health matters. None the less, there is dire need for better cooperation between national enterprises, MNEs, and the competent international organizations in the preparation and adoption of OSH standards.
The Government of Singapore states that the principles embodied in the Conventions mentioned are incorporated in the Radiation Protection Act and its related regulations, as well as the Factories Act. MNEs that operate factories must comply with the relevant OSH legislation and with the environmental protection requirements administered by the Ministry of the Environment. By law, all enterprises, including MNEs, are required to inform and train workers on OSH matters. There is no legal requirement, however, for MNEs to make available information on the safety and health norms which they observed in other countries. MNEs are required to disclose information on the hazardous chemicals and materials used when filling out their application for factory registration. MNEs play a leading role in the examination of causes of occupational hazards and in the application of both remedial and preventative measures. Those which operate factories employing 50 or more workers must set up safety committees comprising representatives of labour and management. The Singapore Standards, including industrial safety and health norms, are administered by the Singapore Institute of Standards and Industrial Research which has merged with the National Productivity Board to become the Productivity Standards Boards. These standards are drafted by multidisciplinary committees in which MNEs participate.
The Government states that the principles embodied in Conventions Nos. 115, 136 and 139 are applied in Slovakia. The Labour Code and other regulations contain provisions that are consonant with Convention No. 119 and procedures for the ratification of this Convention have been initiated. All enterprises, including MNEs, are subject to OSH regulations. Under the Labour Code, the implementation of these norms is supervised by the Ministry of Labour, Social Affairs and Family, the Occupation and Safety Office, the Ministry of Health, certain central state administrative bodies, as well as trade unions. State bodies are empowered by law to impose penalties for any violation of OSH regulations. Provisions concerning OSH are incorporated in collective agreements.
The Government states that Slovenia has ratified Conventions Nos. 119, 136 and 139 and made the necessary changes to bring its laws and practices into line with these standards. Information in this regard was communicated to the ILO in national reports on the application of standards. According to the competent authorities, MNEs maintain the highest OSH standards in conformity with the national requirements, but they do not play a leading role in examining the causes of safety and health hazards and in the application of both remedial and preventive measures.
The Government of Spain states that Conventions Nos. 115, 119 and 136 have been ratified and national legislation to promote the application of the standards prescribed by these instruments has been enacted over the years. As a member of the EU, the country's OSH legislation has to be consonant with Council Directives in this field. All enterprises, regardless of their ownership, must comply with the relevant laws and regulations, and inspections are carried out to monitor their application. It is not possible to provide details of work-related diseases and accidents on the basis of the ownership of enterprises. However, it is worth noting that the number of cases of violations of OSH laws fell from 22,359 in 1992 to 16,208 in 1994 (data in table 1 annexed to report). Between 1992 and 1995, Government issued nine Decrees, one Act and three Orders pertaining to those areas of OSH covered by the ILO Conventions mentioned. They deal with, inter alia, protection against ionizing radiation; risk of exposure to asbestos, regulation of conditions for the commercialization and free intra-Community movement of equipment for protecting the individual; provisions for applying Council Directive 89/392/CEE concerning the harmonization of legislation on machinery in (EU) Member States; the classification, packaging and labelling of dangerous preparations and the production, commercialization and use of pesticides. MNEs do not only comply with the national OSH laws, they also generally apply to their local operations, the norms observed in the parent company with respect to the use of specific production processes and equipment. Act 31/1995 of 8 November concerning the Prevention of Occupational Hazards sets out the obligations that apply to all enterprises, including MNEs, concerning the furnishing of information to workers or their representatives about special hazards and related protective measures associated with new products and processes (copy of Act attached to report). Sections of the Act require that enterprises carry out an initial assessment of potential OSH hazards which must be updated when working conditions change and improvements must be carried out if necessary. Employers must inform each worker of specific hazards related to the job and the protective measures to be taken. They must consult with workers before taking decisions regarding work organization, the introduction of new technologies, the choice of equipment, and other matters relating to conditions of work and the impact of environmental factors on the workplace. Section 33 sets out the duties and responsibilities of the Safety and Health Committee, which include participation in the drawing up, implementation and assessment of plans and programmes for preventing occupational hazards. There is also a tripartite "specialized technical committee" (Comisión Técnica Especializada) responsible for monitoring the application of regulations concerning occupational exposure to asbestos. The Government, as well as representatives of employers' and workers' organizations, take part in the activities of the National Institute of Occupational Safety and Health, which manages, evaluates and monitors all plans and programmes for reducing occupational hazards, accidents and diseases. Collective agreements do not generally contain detailed provisions on OSH. However, they do contain references to the general principles that should apply in this field. It is quite likely that provisions with greater specificity will be negotiated in the near future. As a member of the EU, Spain is represented in committees and other consultative bodies which assist the Commission in its normative and operational activities pertaining to OSH. Council Directives (of the EU) on safety and health are incorporated in the national legislation which applies to both national and multinational enterprises. MNEs, which are generally large establishments, must set up, either individually or jointly, units to deal with the prevention of occupational hazards and diseases. Reference is made to ILO codes of practice and Recommendations, if there are no regulations or guidelines for dealing with specific hazards that have been detected. The General Union of Workers states that there is not much difference between OSH standards in domestic and multinational enterprises in Spain. OSH standards leave much to be desired and several factors account for this. Enterprises tend to make little effort in this regard because of the high costs which they associate with measures to comply with national and international standards. Government does not give OSH matters the attention that they deserve. Act 31/1995 was adopted without full consultations with the unions even though the EU and the ILO require that governments consult with the social partners on these matters. Labour inspections are inadequate and sanctions are not applied, for fear that enterprises would either cease their operations or relocate. MNEs consult with and inform workers' representatives through safety and health committees. However, as it was in the past, the new law does not provide for adequate participation by trade unions in OSH-related matters. MNEs do not play a leading role in supplying information about hazards and related protective measures. Cooperation with the competent authorities may be facilitated by the new law which provides for a workers' representative to hold the position of delegate for dealing with preventive measures (Delegado de prevención) in the field of OSH. Collaboration and consultation with these authorities are important functions to be carried out by the delegate. Normally, collective agreements covering workers in large enterprises contain provisions on safety and health at work. There is no real cooperation for the preparation and adoption of international OSH standards.
The Government reports that Convention No. 115 has been ratified by Sri Lanka and that the Factories Ordinance satisfactorily incorporates the principles of the other Conventions mentioned. Standards of OSH vary between enterprises and there is only an average degree of compliance with national legislation. It is not known whether information on OSH norms applied by MNEs in other countries is made available to the workers' and employers' organizations. Such information has not been received by the competent authority. It is not known whether MNEs provide information on special hazards and protective measures related to new production processes. There is also no information on whether MNEs play a leading role in the examination of OSH hazards and in the application of preventive and remedial measures. There is no cooperation on OSH matters between MNEs, the social partners and the competent national authorities. The situation is the same as regards cooperation with organizations at the international level. The Employers' Federation of Ceylon, referring to MNEs that belong to its organization, reports that OSH standards in MNEs in Sri Lanka are usually very high.
The Government states that all the Conventions mentioned have been ratified by Switzerland and it refers to its reports to the ILO on their implementation. The principles contained in these instruments are embodied in the national OSH legislation which applies to all enterprises, including MNEs. MNEs generally maintain high OSH standards. Some often apply the standards of the home country, which may not always meet all the legal requirements of the host country, e.g., the provision of sufficient natural lighting, a requirement under Swiss law that MNEs do not always comprehend, and sometimes even dispute. MNEs are open as regards their OSH policy and they share information because of their interest in harmonizing the OSH standards of different host countries in which they operate. They invest in the provision of information and training, and undoubtedly play a leading role in analysing occupational hazards. However, there may be specific cases in which the corrective and preventive measures applied may differ among MNEs, if the criteria they use for assessing the risks differ from those prescribed by the host country. MNEs cooperate with the competent OSH authorities, particularly at the regional level. The Government states that to its knowledge, collective agreements concluded by MNEs usually contain a general clause on occupational safety, and increasingly, a clause on occupational health. Agreements dealing with more specific aspects of OSH are uncommon. The Central Union of Swiss Employers' Associations notes that Switzerland has ratified the Conventions listed and that the Government has submitted reports to the ILO in this regard. All enterprises are subject to national laws and regulations. The Federal Commission for the Coordination on Occupational Safety (Commission fédérale de coordination pour la sécurité au travail) draws up directives on occupational safety and monitors their application through different institutions operating at the cantonal and national levels. On 1 January 1996 a new directive concerning the use of occupational safety experts came into force. Both employers' and workers' organizations contributed to the drafting of this directive which contains details on the implementation of the Accident Insurance Act and the Ordinance for the Prevention of Occupational Accidents and Diseases. According to the 1994 Workers' Participation Act, workers' representatives have the right to be involved in OSH matters. For example, article 26 of the Collective Agreement (1.7.93-30.6.98) covering the Machine Industry provides for labour-management cooperation in this regard (copy of agreement annexed to report). According to the Federation of Commerce, Transport and Food Industries Workers' Union, the Labour Inspectorate is responsible for supervising and enforcing OSH standards in Switzerland. These matters are dealt with by works councils, particularly since the adoption of the Workers' Participation Act. Information on OSH matters is circulated within the enterprise and these issues are addressed at jointly run training courses.
The Government reports that the Syrian Arab Republic has ratified the instruments mentioned, and that their principles as well as those of their corresponding Recommendations are applied. While MNEs maintain the highest OSH standards in accordance with national requirements, they do not supply information about OSH standards that they observe elsewhere. MNEs make known special hazards and related protective measures to those concerned through training and by posting notices at the workplace. Like national enterprises, they play a leading role in examining the causes of occupational hazards and applying remedial and preventive measures. Even though MNEs cooperate with the competent OSH authorities, workers' representatives and organizations, they do not conclude agreements with workers that contain provisions on OSH. There is no cooperation between enterprises and the competent international organizations for the preparation and adoption of international OSH standards. The Chamber of Industry (Syrian Arab Republic) concurs with the Government's statement, except with regard to the role played by MNEs in examining the causes of industrial hazards and applying corrective and preventive measures.
According to the Government of Thailand, the principles of the Conventions and Recommendations referred to are "partly applied". While most MNEs from OECD countries (origin named) maintain high OSH standards, some enterprises from NICs do not have adequate OSH standards. As regards the provision of information on OSH norms observed in other countries, MNEs from OECD countries (origin named) make this available; but this is not the case in enterprises from NICs. MNEs do not play a leading role in the examination of OSH hazards and in the application of appropriate measures and only some of them are known to disclose information on special occupational hazards and related protective measures. However, they provide funding for national OSH activities. Certain MNEs include OSH matters in collective agreements.
The Government of Trinidad and Tobago states that not all the Conventions and Recommendations mentioned are well known. The degree of observance of the guidelines contained in these ILO instruments varies depending on which aspect of safety and health is under consideration. In large establishments which have safety units, the principles are applied with greater diligence. With regard to Convention No. 115, the principles are observed by petroleum companies, service companies and radiology departments. Workers in both public and private establishments are well protected against ionizing radiation. They are required to wear monitoring badges, and the records of the levels of exposure are analysed. Exposure times may be limited as required. The standards contained in Convention No. 119 are observed by all concerned, in keeping with the requirements of the Factories Ordinance. As regards Convention No. 136, every suspected case of benzene poisoning has to be reported in writing to the Factory Inspectorate as required under section 38 of the Factories Ordinance. The standards apply to all situations where benzene is used. Compliance with the standards embodied in Convention No. 139 is monitored through factory inspections. The labour inspectors ensure that measures are taken to protect workers in all enterprises which utilize such substances. Biological laboratories that are not connected with industrial establishments do not fall under the labour inspector's authority. However, laboratories act responsibly when it comes to the protection of workers and the appropriate clothing and equipment are provided. On the whole, MNEs conform to national OSH laws and regulations. In certain cases where they apply the requirements of the parent company, the local requirements are made compatible with foreign standards -- e.g. for safety in electrical industries, the reference is the National Electrical Code. If information on OSH standards observed by MNEs in other countries is required, it must be requested by workers' and employers' organizations, since such information is not made available as a matter of routine. MNEs do not make known to those concerned special hazards and related protective measures associated with the use of new products and processes. In a recent case where new technology was introduced, the MNEs publicly asserted that there were no hazards associated with the process, when in reality it involved a number of high-risk operations. In the event of a major accident, the MNE(s) concerned must be actively involved in the ensuing investigations, as well as in the examination of hazards, and the taking of remedial and preventive action. MNEs cooperate with the competent OSH authorities, the health organizations and union representatives. Matters relating to personal protective clothing, rest periods and medical provisions are covered by agreements between workers and MNEs. There has been cooperation between national enterprises and competent international organizations such as the Pan American Health Organization, WHO and ILO. One OSH issue that has been dealt with relates to chemical safety management, which is one of the areas of focus of the International Forum on Chemical Safety. Other areas of activity relate to information for alerting those concerned about occupational hazards, and requirements for safeguarding workers' health. In an indirect way, there has been cooperation with the UNDP which was instrumental in providing the services of an ILO expert to this country for the purpose of upgrading OSH legislation and carrying out activities related to the adoption of international standards. The Employers' Consultative Association of Trinidad and Tobago replies in the affirmative to questions 1 to 3. It adds that national and multinational enterprises in the country cooperate with the competent international organizations involved in the preparation and adoption of international OSH standards.
Tunisia has ratified Convention No. 119, reports the Government. However, the national OSH legislation is comprehensive, and both the mandate and structures of the Health and Occupational Safety Institute (Institut de Santé et de Sécurité au Travail) and the National Council for the Prevention of Occupational Hazards (Conseil National de prévention des risques professionnels) have been strengthened. While national OSH norms are relatively well applied by long-established MNEs and local enterprises, this is not the case with MNEs which are in the country for limited periods (two to four years), and with small local enterprises. The latter generally lack the necessary facilities (e.g. security services, medical services at the workplace) and do not have effective arrangements for labour-management consultations. Long-established MNEs, and especially those involved in high-risk industries (e.g. petroleum industry) tend to adopt company-wide standards which are generally more stringent that the local requirements and are constantly updated to keep abreast of scientific and technological developments. The exchange of information on OSH-related matters is usually facilitated by the consultation mechanisms set up in accordance with national regulations. None the less, such exchanges between MNEs and employers' organizations, as well as between MNEs and the competent authorities, remain quite limited. MNEs have divisions that draw up guidelines, instructions and reports that are disseminated to all enterprises within the group whenever new processes or products are introduced, after a major accident has occurred, or after reports of an accident that may be serious, in any of the enterprises. This information is discussed at meetings of the Occupational Health and Safety Committee, which bring together representatives of management and workers, the industrial physician and, if necessary, a representative of the competent authority who sits as an observer. By virtue of their wealth of experience in global operations and the advanced level of their accident-prevention facilities, MNEs in high-risk activities (e.g. energy-based and chemical industries) have always played a significant and leading role in examining the causes of occupational hazards. However, MNEs in operations that are not associated with special risks (e.g. electronics and garment industries) play a negligible role in this regard. Upon request, MNEs cooperate with the competent OSH authorities and institutions. However, this practice is still in its embryonic stages and so far involves only enterprises engaged in high-risk operations. During the period under review, the Government began elaborating measures to be issued in the form of a Decree in 1996, enabling the social security services to grant enterprises different forms of funding (including loans) for projects that would improve the work environment and raise safety and health standards. The Tunisian Confederation of Industry, Trade and Handicrafts reports that there are wide-ranging OSH laws and that workers' representatives participate in enterprises' OSH programmes. The National Institute for Health and Safety ensures that the necessary training and information are provided to workers and employers of all enterprises, whether national or multinational.
The Government states that Turkey has ratified Conventions Nos. 119 and 115. The Turkish Confederation of Employer Associations indicates that national OSH standards apply to MNEs and national enterprises. The Confederation of Turkish Trade Unions reports that there are various cases of violations of the principles of the ILO instruments mentioned. MNEs do not necessarily maintain the highest OSH standards in conformity with national regulations, they do not make available information on safety norms applied elsewhere, nor do they make known special hazards related to the use of new products or processes. MNEs sometimes cooperate with the competent OSH authorities, established organizations and representatives of workers. However, OSH matters are not incorporated in agreements signed between workers and MNEs. Unions are not aware of any cooperation between MNEs, national and international bodies for the development of OSH standards.
The Government states that OSH laws in the United Kingdom apply to, and must be respected by, all enterprises. MNEs contribute to the development of national OSH standards through consultations on legislation and approved codes of practice, and in other informal ways. The UK participates in international standard-setting activities through the British Standards Institute as well as regional and international bodies. Employers in all enterprises, including MNEs, are encouraged to examine the causes of occupational hazards and to apply positive experiences gained within the enterprise. MNEs in the UK must respect the national OSH legislation and the ILO Conventions mentioned are applicable to all employers, notes the Confederation of British Industry. Like many other large enterprises, MNEs play an important role in the tripartite bodies that deal with OSH matters. On the whole, the UK has a very good record when it comes to OSH standards. UK multinationals are of the view that standards are not adaptable. They issue comprehensible group policy statements and safety information bulletins for all enterprises and provide suitable training. At the national level MNEs, like national companies, take part in activities of the UK Health and Safety Commission and industry advisory committees; at the international level they cooperate fully in standard-setting activities within the EU, ILO, UN and OECD.
The Government reports that although the United States has not ratified the Conventions referred to, US policies, laws and regulations reflect the principles embodied in these instruments and the related Recommendations. The US has played a key role in the drafting of ILO codes of practice and guides. The national regulations are generally more rigorous than the provisions of ILO Conventions and Recommendations. The 1970 Occupational Safety and Health Act (OSHA) applies to virtually all domestic enterprises and MNEs and there is no evidence that compliance on the part of the latter differs from that of local enterprises. It covers all workers except those the public sector. All employers have a "general duty" to ensure that their workplaces are free from recognized hazards. Foreign and domestic enterprises must report immediately all accidents involving fatalities and correct any occupational hazards identified by the OSH administration during the inspection of a workplace. Twenty-three states are authorized in lieu of the Federal Government to enforce OSH norms. Under the OSHA employers are prohibited from discriminating against an employee who refuses to work because he or she has filed a complaint about unsafe working conditions. Violations of OSHA standards are subject to fines of up to $70,000 for each violation, including omissions in records. Before federal OSH standards are issued there are hearings, public comment and direct consultation with all interested parties, including MNEs and workers' organizations. Many MNEs have reported to the federal Government that the OSH standards which they observe in the US are the highest of all those applied in their overseas operations. Since US workers and their representatives have a right to know about hazards to which they are exposed in the workplace, MNEs must provide workers with information on, and training for, handling hazardous chemicals. Employers are responsible for evaluating new products and chemicals to determine whether they are hazardous and to establish procedures for the safe handling of hazardous chemicals. MNEs, like other companies in the US, receive notification of proposed standards to enable them to provide the OSHA with information concerning their experiences. Through this process, MNEs examine the causes of industrial hazards, submit comments, make suggestions regarding the proposed standards, and apply their findings where applicable. MNEs have provided information on the effect of various international OSH regulations on their businesses as well as their potential impact on international trade. This information has been helpful to the US Government in international discussions regarding possible harmonization of such requirements. US and foreign enterprises operating in the US also cooperate in the work of international organizations concerned with the preparation and adoption of international safety and health standards through groups such as BIAC. Through BIAC, MNEs were able to contribute to the recent successful adoption by the OECD Environment Committee of the Guidelines for Chemical Accident Preparedness, Prevention and Response. Through the US Council for International Business, MNEs actively participate in the preparation and adoption of international OSH standards by contributing to position statements by the Council and through direct participation at the International Labour Conference, ILO sectoral meetings and working parties. There are regulations which enable MNEs to participate in the rule-making process. MNEs are also given the opportunity to join government and workers' representatives at international meetings in which international OSH standards are elaborated. Safety and health matters are often covered in collective agreements. US rules represent minimum standards and such agreements may be used to establish more protection for the workers concerned.
The Government of Uruguay notes that all enterprises, regardless of their origin, must respect the laws and regulations which contain the principles of Conventions Nos. 119, 115, 136 and 139. These are: the Decree of 14 September 1995 concerning the prevention of hazards arising from benzene; Decree 519/84 of 21 November 1984 regulating activities concerning radioactive materials and ionizing radiation; Decree 406/88 updating regulations on occupational safety and health; and Decree 89/95 which sets out special regulations for safety and health in the construction industry. MNEs generally observe standards that comply with the national requirements. They are not obliged to inform the competent authorities about the standards they observe in other countries. However, such information is provided on request. MNEs, like national enterprises, cooperate in applying preventive measures. The scope within which MNEs can cooperate with the competent authorities and with workers and their representative organizations is not specified. Efforts are under way to set up a Tripartite Coordinating Group (Grupo de Coordinación Tripartita) for the planning and promotion of OSH policies, particularly as regards the prevention of hazards. Collective agreements have few provisions relating to OSH. There must be an exchange of information between MNEs, national enterprises and public authorities. The latter should have a database with information on toxic chemical substances in order to organize programmes for the prevention of hazards in different branches of industry.
The Government of Venezuela states that to the fullest extent possible, the principles contained in Conventions Nos. 115, 119, 136 and 139 as well as Recommendations Nos. 114, 118, 144 and 147 are applied, even though the country has only ratified Convention No. 139. The content of these instruments is reflected in the Regulation on Occupational Health and Safety (1968), and other OSH legislation. MNEs observe the highest OSH standards. Through the Industrial Health and Safety Programmes and the Industrial Health and Safety Committees, they collaborate with the representatives of workers in the enterprise, representatives of workers' and employers' organizations and with the government authorities, to disseminate information on the standards which they observe in other countries. Over the last decade MNEs have been developing mechanisms for preventing and reducing hazards at the workplace. They have shown greater concern about avoiding accidents and an awareness that the protection of workers has economic implications for the enterprise. In June 1995 the programme for Raising Awareness and Preparing for Emergencies at the Local Level (Concientización y Preparación de Emergencias a Nivel Local) was initiated. A number of seminars, meetings and workshops have been and will be carried out under this programme. The aim is to increase awareness of occupational hazards, encourage the drawing up of emergency plans and prevent accidents. A National Health Plan for Workers in Venezuela has been drawn up with the participation of various state agencies, universities and the private sector. Meetings involving different government ministries and the Association of Chemical Industries of Venezuela (ASOQUIM) have been held to elaborate a National Plan for Chemical Safety (Plan Nacional sobre Seguridad Química). Safety and health standards at the workplace are set out in the national legislation and respected by MNEs, reports the Venezuelan Federation of Chambers of Commerce and Manufacturers' Associations. These enterprises normally apply the same norms observed in the home country, and in many cases this has caused discontent among those persons who are not used to observing any OSH standards. MNEs provide information on special hazards and protective measures associated with their new products and processes. They develop manuals on standards and procedures, and also hold talks on this subject. They play a leading role in examining the causes of OSH hazards and in applying corrective and preventive measures. In many parts of the country they play a critical role, together with local enterprises, in the field of safety and health, and collaborate with local and national authorities, with workers and their representative organizations. Most collective agreements concluded with MNEs contain provisions relating to OSH. A large number of MNEs are now trying to get, as they have done in their home countries, special international certification of relevance to safety and health.
The Government states that the principles embodied in the instruments cited are applied in Zimbabwe. MNEs maintain high OSH standards in conformity with national requirements. Information on relevant standards is disseminated to the Safety Committees which consist of representatives of management and workers. Industrial accidents are reported to the National Social Security Authority which is in charge of factory inspections. The Employers' Confederation of Zimbabwe confirms that the principles embodied in the Conventions and Recommendations mentioned are applied and that MNEs respect OSH standards. In some cases, MNEs make available to those concerned, information on relevant OSH norms which they observe in other countries. They make workers aware of special hazards and related protective measures associated with new products and processes, through in-house training on health and safety. They also play a leading role in examining occupational hazards and in applying remedial and preventative measures. They cooperate with the competent authorities through tripartite meetings with workers' organizations and the Government. OSH matters are incorporated in collective agreements. The Government, workers' and employers' representatives liaise with the relevant international bodies through the ILO.