Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 5(a) of the Convention. Design, testing, choice, substitution, installation, arrangement, use and maintenance of the material elements of work. The Committee notes the indication that section 4 of Act No. 88-07 of 26 January 1998 respecting occupational hygiene, safety and medicine provides that premises used for work, working places and their environments, including installations of any type made available to workers, shall be kept in a constant state of cleanliness and offer the conditions of hygiene and health necessary for the health of workers. It further notes that section 5 of the Act provides that establishments, and premises used for work, covered by section 4 above shall be designed, equipped and maintained so as to ensure the safety of workers. The Committee observes that this text does not cover matters related to the design, substitution or installation of material elements of work, particularly in relation to tools, machinery and physical and biological substances and agents. The Committee requests the Government to provide information on the measures taken or envisaged to give full effect to this Article of the Convention.

Article 5(e). Protection of workers and their representatives from disciplinary measures. The Committee notes the absence of information regarding the protection of workers and their representatives from disciplinary measures as a result of actions properly taken by them in conformity with the policy referred to in Article 4 of the Convention. It requests the Government to indicate the manner in which effect is given in law and practice to this provision of the Convention.

Article 11(d). The holding of inquiries in cases of occupational accidents or occupational diseases reflecting situations which are serious. The Committee notes the information that section 19 of Act No. 83-13 of 2 July 1983 respecting employment accidents and occupational diseases provides that the social security institution is empowered to conduct an administrative inquiry in the establishment employing the victim of an occupational accident or disease to determine the occupational nature of the accident or disease. It also notes that the National Social Insurance Fund has a central prevention unit which undertakes inquiries following reported employment accidents and occupational diseases. The Committee recalls that the inquiries referred to in this Article should not be limited to inquiries following individual occupational accidents and diseases but also include inquiries into larger scale situations which appear to be serious, such as industrial catastrophes at the national level which seriously threaten the life and health of a large number of workers. The Committee requests the Government to provide additional information on measures adopted to ensure that the relevant legislation also covers inquiries into all situations, covered by this provision of the Convention.

Article 12(a) and (c). Obligations of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee notes the reference made to Act No. 88–07 of 26 January 1988 respecting occupational hygiene, safety and medicine, in particular Articles 8–10, which regulates certain obligations related to machinery, equipment and substances and Executive Decree No. 05-08 of 8 January  2005 respecting the specific requirements applicable to occupational use of hazardous substances, products and preparations. As regards machinery and equipment, the Committee notes that it is not clear from the available information whether national standards determining their correct use have been adopted. The referenced legislation is also silent as to obligations referred to in Article 12(b) and (c). As regards substances for occupational use, the Committee notes that the referenced decree provides for general obligations related to such substances but that is not clear as to the specific obligations in Article 12(a)–(c). The Committee requests the Government to indicate measures taken in law and in practice to give full effect to Article 12 of the Convention both as regards machinery and equipment and substances for occupational use.

Articles 13 and 19(f). Right to removal.  The Government refers to section 34 of Act No. 88-07 of 26 January 1988, which provides that each worker who notes the existence of a source of imminent danger shall immediately notify the person responsible for safety, or the person responsible for the unit, their representatives or their duly mandated substitutes so that the necessary and appropriate measures are taken rapidly. Where it is impossible to notify the person responsible for safety, the most qualified worker or workers who observe a source of imminent danger shall be empowered to take all the necessary measures (section 34). However, neither the Government’s report, nor the referenced legislation contain indications on the protection of workers against undue consequences as a result of removing themselves from a work situation which they have reasonable justification to believe represents an imminent and serious danger to life or health. The Committee requests the Government to provide additional information on the legal provisions which give effect to Articles 13 and 19(f) of the Convention.

Article 14. Education and training programmes at all levels. The Committee notes the indication that Executive Decree No. 02-427 of 7 December 2002 respecting the conditions for the organization of education, information and training for workers in the field of prevention of occupational risks gives effect to this Article of the Convention. The Committee recalls that this provision of the Convention covers questions related to education and training on occupational safety and health and the working environment at all levels of education and training, including higher technical, medical and professional education, and is not confined to instruction, information and training activities provided to workers by the employer in the framework of their work. The Committee requests the Government to indicate the measures adopted or envisaged to give effect to Article 14 of the Convention.

Article 19(a), (b), (c) and (e). Rights and obligations of workers and their representatives in the enterprise. The Committee notes that the Government’s report does not contain information on the requirements set out in this Article of the Convention. It requests the Government to indicate the effect given in law and in practice to these provisions of the Convention.

Article 20. Measures adopted to ensure cooperation between management and workers within the undertaking. The Government refers to Act No. 88-07 of 26 January 1988, without any further specification. The Committee requests the Government to provide additional information on the measures taken in law and in practice to give effect to the obligation of cooperation between the management and workers within the undertaking in relation to the organization of occupational safety and health.

Part V of the report form. Application in practice. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in the country, and to attach extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the legislation, the number and nature of the violations reported, the number, nature and causes of the accidents reported, etc.