2002 Protocol to Convention on safety and health of workers (Note: Date of entry into force: 09:02:2005)
Place: Geneva Session of the Conference
: 90
Date
adoption = 20:06:2002 Subject: Occupational Safety and Health at Work
See the ratifications for this Convention Display the document
in: English French
Status: instrument This Protocol was adopted in 1985 and is believed to be current .
The General Conference of the International Labour Organization:
convened at Geneva by the Governing Body of the International Bureau Office, and having met in the June 3, 2002, in his ninetieth session;
Noting the provisions of Article 11 of the Occupational Safety and Health Convention, 1981 (hereinafter "the Convention") which states:
"In order to give effect to the policy referred to in Article 4 of this Convention, the authority or authorities shall ensure the progressive realization of the following functions:
...
c) the establishment and implementation of procedures for the notification of occupational accidents and diseases, by employers and, where appropriate, insurance institutions or other bodies or persons directly concerned, and the annual statistics on occupational accidents and diseases;
...
e) the annual publication of information on measures taken in implementation of the policy referred to in Article 4 of this Convention and on occupational accidents, cases of occupational diseases and health damage that occurred during work or in connection with this "
Given the need to improve procedures for recording and notification of occupational accidents and diseases and to promote harmonization of recording and reporting systems to determine their causes and preventive measures,
Having decided upon the adoption of certain proposals concerning the registration and notification of occupational accidents and occupational diseases, which is the fifth item of the day of the meeting, and
Having determined that these proposals shall take the form of a protocol of the Occupational Safety and Health, 1981,
adopts this twentieth day of June two thousand and two the following protocol, which may be cited as the 2002 Protocol to the Occupational Safety and Health, 1981.
I. Article 1 DEFINITIONS
the purposes of this Protocol:
a) the term designates employment injury accidents in the course of or in connection with work to cause fatal or nonfatal injuries;
b) the term occupational illness covers any disease contracted by exposure to risk factors arising from work activity;
c) the term dangerous occurrence readily identifiable event, as defined in national legislation, which could cause injury or disease to persons at work or public en general;
d) el término accidente de trayecto designa los accidentes que causen la muerte o produzcan lesiones corporales y ocurran en el recorrido directo entre el lugar de trabajo y:
i) la residencia principal o secundaria del trabajador;
ii) el lugar en el que el trabajador suele tomar sus comidas; o
iii) el lugar en el que el trabajador suele cobrar su remuneración.
II. SISTEMAS DE REGISTRO Y NOTIFICACIÓN
Artículo 2
La autoridad competente deberá por medio de leyes o reglamentos, o por cualquier otro medio compatible con las condiciones y la práctica nacionales, y after consultation with organizations of employers and workers, establish and periodically review the requirements and procedures for:
a) the registration of occupational accidents, occupational diseases and, where appropriate, dangerous occurrences, the commuting accidents and cases of occupational diseases is suspected, and
b) the notification of occupational accidents, occupational diseases and, where appropriate, dangerous occurrences, commuting accidents and cases of diseases professional whose origin is suspicious. Article 3
requirements and registration procedures shall determine:
a) the liability of employers:
i) recording of occupational accidents, occupational diseases and, where appropriate, dangerous occurrences, commuting accidents and cases of occupational diseases is suspect; ii) provide appropriate information to workers and their representatives about the registration system;
iii) to ensure proper maintenance of those records and their use for the establishment of preventive measures, and iv
) refrain from taking disciplinary or retaliatory action against a worker for reporting an accident, a occupational disease, dangerous occurrence, commuting accident or a case of occupational disease which is suspicious.
b) the information to be recorded;
c) the period for maintaining these records;
d) measures to ensure the confidentiality of personal and medical data held by the employer, in accordance with legislation, regulations, conditions and practice. Article 4
The requirements and procedures for the notification shall determine:
a) the liability of employers:
i) notify the competent authorities or bodies designated for that purpose industrial accidents, occupational diseases and, where appropriate, dangerous occurrences, commuting accidents and cases of occupational diseases is suspected, and
ii) provide appropriate information to workers and their representatives about the reported cases;
b) where appropriate, arrangements for notification of occupational accidents and diseases by insurance institutions, services occupational health, physicians and others directly concerned;
c) the criteria according to which should be reported occupational accidents, occupational diseases and, where appropriate, dangerous occurrences, commuting accidents and cases of occupational diseases is suspected, and
d) the time limits for notification.
Article 5
The notification shall include information on:
a) the enterprise, establishment and employer;
b) if applicable, the injured and the nature of the injury or illness and
c) the workplace, the circumstances of the accident or dangerous occurrence and in the case of an occupational disease, circumstances of exposure to health hazards.
III. NATIONAL STATISTICS
Article 6
Each Member which ratifies this Protocol should publish annual statistics on occupational accidents, occupational diseases and, where appropriate, dangerous occurrences and commuting accidents, based on notifications and other available information compiled in such a way as to be representative of the country as a whole as well as the analysis of these statistics.
Article 7
Statistics shall be established following classification systems that are compatible with international systems latest relevant under the auspices of the International Labour Organization or other international organizations.
IV. FINAL PROVISIONS Article 8
1. A Member may ratify this Protocol, while ratifying the Convention, or at any time after the ratification. The formal ratification shall be sent for registration, the Director General of the International Labour Office.
2. The Protocol will enter into force twelve months after the date on which the ratifications of two Members have been registered with the Director General. Thereafter, this Protocol shall enter into force for any Member twelve months after the date on which its ratification has been registered. Since that time, the Convention shall be binding for the Member concerned, with the addition of Articles 1 through 7 of this Protocol.
Article 9
1. Each Member which has ratified this Protocol may be terminated at any time the Convention is open to the complaint under Article 25, by an act communicated to registration, the Director General of the International Bureau Labour.
2. Denunciation of the Convention in accordance with Article 25, by a Member which has ratified this Protocol shall ipso jure involve the denunciation of this Protocol.
3. Any denunciation under paragraph 1 or 2 of this Article shall not take effect until one year after the date on which it is registered.
Article 10
1. The Director General of the International Labour Office shall notify all Members of the International Labour Organisation the registration of all ratifications and acts of denunciation communicated by the Members of the Organization.
2. When notifying the Members of the Organisation of the registration of the second ratification, the Director General shall draw the attention of the Members of the Organisation to the date of entering into force of this Protocol.
Article 11
The Director General of the International Labour Office shall notify the Secretary General of the United Nations, for the purposes of registration in accordance with Article 102 of the Charter of the United Nations, complete information particulars of all ratifications and acts of denunciation registered under the preceding articles.
Article 12
The English and French texts of this Protocol are equally authoritative.
Cross references Supplemented: C155 Occupational Safety and Health, 1981
Place: Geneva Session of the Conference
: 90
Date
adoption = 20:06:2002 Subject: Occupational Safety and Health at Work
See the ratifications for this Convention Display the document
in: English French
Status: instrument This Protocol was adopted in 1985 and is believed to be current .
The General Conference of the International Labour Organization:
convened at Geneva by the Governing Body of the International Bureau Office, and having met in the June 3, 2002, in his ninetieth session;
Noting the provisions of Article 11 of the Occupational Safety and Health Convention, 1981 (hereinafter "the Convention") which states:
"In order to give effect to the policy referred to in Article 4 of this Convention, the authority or authorities shall ensure the progressive realization of the following functions:
...
c) the establishment and implementation of procedures for the notification of occupational accidents and diseases, by employers and, where appropriate, insurance institutions or other bodies or persons directly concerned, and the annual statistics on occupational accidents and diseases;
...
e) the annual publication of information on measures taken in implementation of the policy referred to in Article 4 of this Convention and on occupational accidents, cases of occupational diseases and health damage that occurred during work or in connection with this "
Given the need to improve procedures for recording and notification of occupational accidents and diseases and to promote harmonization of recording and reporting systems to determine their causes and preventive measures,
Having decided upon the adoption of certain proposals concerning the registration and notification of occupational accidents and occupational diseases, which is the fifth item of the day of the meeting, and
Having determined that these proposals shall take the form of a protocol of the Occupational Safety and Health, 1981,
adopts this twentieth day of June two thousand and two the following protocol, which may be cited as the 2002 Protocol to the Occupational Safety and Health, 1981.
I. Article 1 DEFINITIONS
the purposes of this Protocol:
a) the term designates employment injury accidents in the course of or in connection with work to cause fatal or nonfatal injuries;
b) the term occupational illness covers any disease contracted by exposure to risk factors arising from work activity;
c) the term dangerous occurrence readily identifiable event, as defined in national legislation, which could cause injury or disease to persons at work or public en general;
d) el término accidente de trayecto designa los accidentes que causen la muerte o produzcan lesiones corporales y ocurran en el recorrido directo entre el lugar de trabajo y:
i) la residencia principal o secundaria del trabajador;
ii) el lugar en el que el trabajador suele tomar sus comidas; o
iii) el lugar en el que el trabajador suele cobrar su remuneración.
II. SISTEMAS DE REGISTRO Y NOTIFICACIÓN
Artículo 2
La autoridad competente deberá por medio de leyes o reglamentos, o por cualquier otro medio compatible con las condiciones y la práctica nacionales, y after consultation with organizations of employers and workers, establish and periodically review the requirements and procedures for:
a) the registration of occupational accidents, occupational diseases and, where appropriate, dangerous occurrences, the commuting accidents and cases of occupational diseases is suspected, and
b) the notification of occupational accidents, occupational diseases and, where appropriate, dangerous occurrences, commuting accidents and cases of diseases professional whose origin is suspicious. Article 3
requirements and registration procedures shall determine:
a) the liability of employers:
i) recording of occupational accidents, occupational diseases and, where appropriate, dangerous occurrences, commuting accidents and cases of occupational diseases is suspect; ii) provide appropriate information to workers and their representatives about the registration system;
iii) to ensure proper maintenance of those records and their use for the establishment of preventive measures, and iv
) refrain from taking disciplinary or retaliatory action against a worker for reporting an accident, a occupational disease, dangerous occurrence, commuting accident or a case of occupational disease which is suspicious.
b) the information to be recorded;
c) the period for maintaining these records;
d) measures to ensure the confidentiality of personal and medical data held by the employer, in accordance with legislation, regulations, conditions and practice. Article 4
The requirements and procedures for the notification shall determine:
a) the liability of employers:
i) notify the competent authorities or bodies designated for that purpose industrial accidents, occupational diseases and, where appropriate, dangerous occurrences, commuting accidents and cases of occupational diseases is suspected, and
ii) provide appropriate information to workers and their representatives about the reported cases;
b) where appropriate, arrangements for notification of occupational accidents and diseases by insurance institutions, services occupational health, physicians and others directly concerned;
c) the criteria according to which should be reported occupational accidents, occupational diseases and, where appropriate, dangerous occurrences, commuting accidents and cases of occupational diseases is suspected, and
d) the time limits for notification.
Article 5
The notification shall include information on:
a) the enterprise, establishment and employer;
b) if applicable, the injured and the nature of the injury or illness and
c) the workplace, the circumstances of the accident or dangerous occurrence and in the case of an occupational disease, circumstances of exposure to health hazards.
III. NATIONAL STATISTICS
Article 6
Each Member which ratifies this Protocol should publish annual statistics on occupational accidents, occupational diseases and, where appropriate, dangerous occurrences and commuting accidents, based on notifications and other available information compiled in such a way as to be representative of the country as a whole as well as the analysis of these statistics.
Article 7
Statistics shall be established following classification systems that are compatible with international systems latest relevant under the auspices of the International Labour Organization or other international organizations.
IV. FINAL PROVISIONS Article 8
1. A Member may ratify this Protocol, while ratifying the Convention, or at any time after the ratification. The formal ratification shall be sent for registration, the Director General of the International Labour Office.
2. The Protocol will enter into force twelve months after the date on which the ratifications of two Members have been registered with the Director General. Thereafter, this Protocol shall enter into force for any Member twelve months after the date on which its ratification has been registered. Since that time, the Convention shall be binding for the Member concerned, with the addition of Articles 1 through 7 of this Protocol.
Article 9
1. Each Member which has ratified this Protocol may be terminated at any time the Convention is open to the complaint under Article 25, by an act communicated to registration, the Director General of the International Bureau Labour.
2. Denunciation of the Convention in accordance with Article 25, by a Member which has ratified this Protocol shall ipso jure involve the denunciation of this Protocol.
3. Any denunciation under paragraph 1 or 2 of this Article shall not take effect until one year after the date on which it is registered.
Article 10
1. The Director General of the International Labour Office shall notify all Members of the International Labour Organisation the registration of all ratifications and acts of denunciation communicated by the Members of the Organization.
2. When notifying the Members of the Organisation of the registration of the second ratification, the Director General shall draw the attention of the Members of the Organisation to the date of entering into force of this Protocol.
Article 11
The Director General of the International Labour Office shall notify the Secretary General of the United Nations, for the purposes of registration in accordance with Article 102 of the Charter of the United Nations, complete information particulars of all ratifications and acts of denunciation registered under the preceding articles.
Article 12
The English and French texts of this Protocol are equally authoritative.
Cross references Supplemented: C155 Occupational Safety and Health, 1981
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