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C161 Occupational Health Services Convention, 1985 
</font></h3><font size=-2>
Convention concerning Occupational Health Services 
(Note: Date of coming into force: 17:02:1988.) 
<br>Convention:C161 
<br>Place:Geneva 
<br>Session of the Conference:71 
<br>Date of adoption:25:06:1985 
<br>
        <br> 
</FONT><p> 
<p>
The General Conference of the International Labour Organisation,<p>
<p>
Having been convened at Geneva by the Governing Body of the International 
Labour Office, and having met in its Seventy-first Session on 7 June 1985, and 
<p>
Noting that the protection of the worker against sickness, disease and injury 
arising out of his employment is one of the tasks assigned to the 
International Labour Organisation under its Constitution,<p>
<p>
Noting the relevant international labour Conventions and Recommendations, and 
in particular the Protection of Workers' Health Recommendation, 1953, the 
Occupational Health Services Recommendation, 1959, the Workers' 
Representatives Convention, 1971, and the Occupational Safety and Health 
Convention and Recommendation, 1981, which establish the principles of 
national policy and action at the national level,<p>
<p>
Having decided upon the adoption of certain proposals with regard to 
occupational health services, which is the fourth item on the agenda of the 
session, and<p>
<p>
Having determined that these proposals shall take the form of an international 
Convention;<p>
<p>
adopts the twenty-sixth day of June of the year one thousand nine hundred and 
eighty-five, the following Convention, which may be cited as the Occupational 
Health Services Convention, 1985:<p>
<p>
<p> 
<p>
Part I. Principles of National Policy<p>
<p>
Article 1<p>
For the purpose of this Convention-<p>
 (a) the term <i>  occupational health services  </i> means services entrusted with 
essentially preventive functions and responsible for advising the employer, 
the workers and their representatives in the undertaking on-<p>
  (i) the requirements for establishing and maintaining a safe and healthy 
working environment which will facilitate optimal physical and mental health 
in relation to work;<p>
  (ii) the adaptation of work to the capabilities of workers in the light of 
their state of physical and mental health;<p>
 (b) the term <i>  workers' representatives in the undertaking  </i> means persons 
who are recognised as such under national law or practice.<p>
<p>
Article 2<p>
In the light of national conditions and practice and in consultation with the 
most representative organisations of employers and workers, where they exist, 
each Member shall formulate, implement and periodically review a coherent 
national policy on occupational health services.<p>
<p>
Article 3<p>
1. Each Member undertakes to develop progressively occupational health 
services for all workers, including those in the public sector and the members 
of production co-operatives, in all branches of economic activity and all 
undertakings. The provision made should be adequate and appropriate to the 
specific risks of the undertakings.<p>
<p>
2. If occupational health services cannot be immediately established for all 
undertakings, each Member concerned shall draw up plans for the establishment 
of such services in consultation with the most representative organisations of 
employers and workers, where they exist.<p>
<p>
3. Each Member concerned shall indicate, in the first report on the 
application of the Convention submitted under article 22 of the Constitution 
of the International Labour Organisation, the plans drawn up pursuant to 
paragraph 2 of this Article, and indicate in subsequent reports any progress 
in their application.<p>
<p>
Article 4<p>
The competent authority shall consult the most representative organisations of 
employers and workers, where they exist, on the measures to be taken to give 
effect to the provisions of this Convention.<p>
<p>
Part II. Functions<p>
<p>
Article 5<p>
Without prejudice to the responsibility of each employer for the health and 
safety of the workers in his employment, and with due regard to the necessity 
for the workers to participate in matters of occupational health and safety, 
occupational health services shall have such of the following functions as are 
adequate and appropriate to the occupational risks of the undertaking:<p>
 (a) identification and assessment of the risks from health hazards in the 
workplace;<p>
 (b) surveillance of the factors in the working environment and working 
practices which may affect workers' health, including sanitary installations, 
canteens and housing where these facilities are provided by the employer;<p>
 (c) advice on planning and organisation of work, including the design of 
workplaces, on the choice, maintenance and condition of machinery and other 
equipment and on substances used in work;<p>
 (d) participation in the development of programmes for the improvement of 
working practices as well as testing and evaluation of health aspects of new 
equipment;<p>
 (e) advice on occupational health, safety and hygiene and on ergonomics and 
individual and collective protective equipment;<p>
 (f) surveillance of workers' health in relation to work;<p>
 (g) promoting the adaptation of work to the worker;<p>
 (h) contribution to measures of vocational rehabilitation;<p>
 (i) collaboration in providing information, training and education in the 
fields of occupational health and hygiene and ergonomics;<p>
 (j) organising of first aid and emergency treatment;<p>
 (k) participation in analysis of occupational accidents and occupational 
diseases.<p>
<p>
Part III. Organisation<p>
<p>
Article 6<p>
Provision shall be made for the establishment of occupational health services- 
 (a) by laws or regulations; or<p>
 (b) by collective agreements or as otherwise agreed upon by the employers and 
workers concerned; or<p>
 (c) in any other manner approved by the competent authority after 
consultation with the representative organisations of employers and workers 
concerned.<p>
<p>
Article 7<p>
1. Occupational health services may be organised as a service for a single 
undertaking or as a service common to a number of undertakings, as 
appropriate.<p>
<p>
2. In accordance with national conditions and practice, occupational health 
services may be organised by-<p>
 (a) the undertakings or groups of undertakings concerned;<p>
 (b) public authorities or official services;<p>
 (c) social security institutions;<p>
 (d) any other bodies authorised by the competent authority;<p>
 (e) a combination of any of the above.<p>
<p>
Article 8<p>
The employer, the workers and their representatives, where they exist, shall 
cooperate and participate in the implementation of the organisational and 
other measures relating to occupational health services on an equitable basis. 
<p>
Part IV. Conditions of Operation<p>
<p>
Article 9<p>
1. In accordance with national law and practice, occupational health services 
should be multidisciplinary. The composition of the personnel shall be 
determined by the nature of the duties to be performed.<p>
<p>
2. Occupational health services shall carry out their functions in 
co-operation with the other services in the undertaking.<p>
<p>
3. Measures shall be taken, in accordance with national law and practice, to 
ensure adequate co-operation and co-ordination between occupational health 
services and, as appropriate, other bodies concerned with the provision of 
health services.<p>
<p>
Article 10<p>
The personnel providing occupational health services shall enjoy full 
professional independence from employers, workers, and their representatives, 
where they exist, in relation to the functions listed in Article 5.<p>
<p>
Article 11<p>
The competent authority shall determine the qualifications required for the 
personnel providing occupational health services, according to the nature of 
the duties to be performed and in accordance with national law and practice.<p>
<p>
Article 12<p>
The surveillance of workers' health in relation to work shall involve no loss 
of earnings for them, shall be free of charge and shall take place as far as 
possible during working hours.<p>
<p>
Article 13<p>
All workers shall be informed of health hazards involved in their work.<p>
<p>
Article 14<p>
Occupational health services shall be informed by the employer and workers of 
any known factors and any suspected factors in the working environment which 
may affect the workers' health.<p>
<p>
Article 15<p>
Occupational health services shall be informed of occurrences of ill health 
amongst workers and absence from work for health reasons, in order to be able 
to identify whether there is any relation between the reasons for ill health 
or absence and any health hazards which may be present at the workplace. 
Personnel providing occupational health services shall not be required by the 
employer to verify the reasons for absence from work.<p>
<p>
Part V. General Provisions<p>
<p>
Article 16<p>
National laws or regulations shall designate the authority or authorities 
responsible both for supervising the operation of and for advising 
occupational health services once they have been established.<p>
<p>
  
<p>
Article 17<p>
The formal ratifications of this Convention shall be communicated to the 
Director-General of the International Labour Office for registration.<p>
<p>
Article 18<p>
1. This Convention shall be binding only upon those Members of the 
International Labour Organisation whose ratifications have been registered 
with the Director-General.<p>
<p>
2. It shall come into force twelve months after the date on which the 
ratifications of two Members have been registered with the Director-General.<p>
<p>
3. Thereafter, this Convention shall come into force for any Member twelve 
months after the date on which its ratification has been registered.<p>
<p>
Article 19<p>
1. A Member which has ratified this Convention may denounce it after the 
expiration of ten years from the date on which the Convention first comes into 
force, by an act communicated to the Director-General of the International 
Labour Office for registration. Such denunciation shall not take effect until 
one year after the date on which it is registered.<p>
<p>
2. Each Member which has ratified this Convention and which does not, within 
the year following the expiration of the period of ten years mentioned in the 
preceding paragraph, exercise the right of denunciation provided for in this 
Article, will be bound for another period of ten years and, thereafter, may 
denounce this Convention at the expiration of each period of ten years under 
the terms provided for in this Article.<p>
<p>
Article 20<p>
1. The Director-General of the International Labour Office shall notify all 
Members of the International Labour Organisation of the registration of all 
ratifications and denunciations communicated to him by the Members of the 
Organisation.<p>
<p>
2. When notifying the Members of the Organisation of the registration of the 
second ratification communicated to him, the Director-General shall draw the 
attention of the Members of the Organisation to the date upon which the 
Convention will come into force.<p>
<p>
Article 21<p>
The Director-General of the International Labour Office shall communicate to 
the Secretary-General of the United Nations for registration in accordance 
with Article 102 of the Charter of the United Nations full particulars of all 
ratifications and acts of denunciation registered by him in accordance with 
the provisions of the preceding Articles.<p>
<p>
Article 22<p>
At such times as it may consider necessary the Governing Body of the 
International Labour Office shall present to the General Conference a report 
on the working of this Convention and shall examine the desirability of 
placing on the agenda of the Conference the question of its revision in whole 
or in part.<p>
<p>
Article 23<p>
1. Should the Conference adopt a new Convention revising this Convention in 
whole or in part, then, unless the new Convention otherwise provides-<p>
 (a) the ratification by a Member of the new revising Convention shall  ipso 
jure involve the immediate denunciation of this Convention, notwithstanding 
the provisions of Article 19 above, if and when the new revising Convention 
shall have come into force;<p>
 (b) as from the date when the new revising Convention comes into force this 
Convention shall cease to be open to ratification by the Members.<p>
<p>
2. This Convention shall in any case remain in force in its actual form and 
content for those Members which have ratified it but have not ratified the 
revising Convention.<p>
<p>
Article 24<p>
The English and French versions of the text of this Convention are equally 
authoritative.
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