Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Occupational Safety and Health Convention, 1981 (No. 155) - Mali (Ratification: 2016)

Other comments on C155

Direct Request

2021
2020

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The Committee notes the Government’s first report.

Article 1(2) of the Convention. Exclusions. The Committee notes the indication in the Government’s report that the protective measures provided for in the Convention apply to all branches of economic activity, with the exception of magistrates, civil servants and the armed forces, which are also excluded from the scope of application of Act No. 92-020 of September 23 of 1992, issuing the Labour Code, as amended (Labour Code). The Committee requests the Government to indicate the manner in which the representative employers’ and workers’ organizations concerned were consulted with regard to the exclusions.

Articles 4, 7 and 8. National occupational safety and health (OSH) policy in consultation with the most representative organizations of employers and workers. The Committee notes that, according to the Government, the national OSH policy is currently being formulated and a steering committee has been set up for that purpose, composed of representatives of employers’ and workers’ organizations, and sectoral ministerial departments. The Government also indicates that an assessment of specific sectors, aimed at identifying problems and effective ways of resolving them, would be taken into account in the new national OSH policy. The Committee requests the Government to indicate the progress made towards the formulation of the national OSH policy, including the consultations that have been held in the steering committee, and to provide a copy of the national OSH policy, once it has been adopted. It also requests the Government to provide further information on the measures taken or envisaged to ensure that the national OSH policy is periodically reviewed, as well as on other measures taken to review the OSH situation at appropriate intervals.

Articles 5(c) and 19(d). Training of workers and their representatives. The Committee notes the duties of the health and safety committees at enterprise level, as set out in section D.282-6 of Decree No. 96-178/P-RM of June 13, 1996 implementing various provisions of the Labour Code (Decree No. 96-178). Section D.282-6 provides, in particular, that it is incumbent on the health and safety committees to: (i) organize the training of the teams in charge of the fire and rescue services, and ensure compliance with the instructions of these services; and (ii) undertake to develop by all effective means the notions of safety, hygiene and health. The Committee also notes that section 56 of the Social Security Code (SSC) stipulates that in each workshop where hazardous work is performed, a member of staff receives the mandatory training necessary to provide first aid in case of emergency. The Committee requests the Government to provide further information on the manner in which the national OSH policy will take into account the training, skills and motivation of the persons involved to ensure that adequate levels of health and safety are achieved. It also requests the Government to provide information on the training of workers, staff representatives and members of the health and safety committee, in law and in practice.

Article 5(e). Protection of workers and their representatives from disciplinary measures. The Committee notes that under section 282-2 of Decree No. 96-178, the members of the health and safety committees benefit from the legal protection provided for under section L.277 of the Labour Code for staff representatives, which requires the authorization of the labour inspector in the event of dismissal. Recalling that Article 5(e) concerns the protection of all workers and their representatives, and that this protection concerns not only dismissals but all disciplinary measures as a result of actions taken by them legitimately and in conformity with the national OSH policy, the Committee requests the Government to provide further information on the measures taken or envisaged to protect workers and their representatives, in accordance with Article 5(e).

Articles 6 and 19(a). Functions and responsibilities of workers. The Committee notes that sections L.62 and L.64 of the Labour Code set out the obligation for every industrial, commercial and agricultural enterprise with at least ten employees to establish rules of procedure that specifically include provisions on safety and health. The Committee requests the Government to provide further information on the manner in which the national OSH policy will specify the responsibilities of workers with respect to OSH and the working environment. The Committee also requests the Government to indicate the measures taken to guarantee the cooperation of workers, in the course of performing their work, in the fulfilment by their employer of the obligations placed upon him or her, in accordance with Article 19(a).

Article 9. Adequate and appropriate system of inspection. The Committee notes that under section 230 of the SSC, violations of the provisions therein are reported by labour inspectors, who may delegate these powers to inspectors of the National Social Security Institute, who are duly sworn and bound by professional secrecy. The Committee requests the Government to provide further information on the role of the National Social Security Institute as it relates to OSH inspections. With regard to labour inspections, the Committee refers the Government to the comments it formulated and adopted in 2019 on the Labour Inspection Convention, 1947 (No. 81).

Article 11(b) and (f). Determination of work processes and of substances and agents which are prohibited, limited or made subject to authorization or control by the competent authority. Examination of chemical, physical and biological agents. The Committee notes that sections D.170-1 to D.170-47 of Decree No. 96-178 set out prohibitions or limitations concerning certain work processes. The Committee requests the Government to indicate the measures taken to ensure the determination of substances and agents the exposure to which is to be prohibited, limited or made subject to authorization or control by the competent authority or authorities (Article 11(b)); and to introduce or extend systems to examine chemical, physical and biological agents in respect of the risk to the health of workers (Article 11(f)).

Article 12(a), (b) and (c). Obligations of those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee notes section D. 170-47 of Decree No. 96-178 concerning the obligation to recognize the effectiveness of protection devices and mechanisms. It nevertheless notes an absence of information concerning the obligations of persons as set out under Article 12 of the Convention. The Committee requests the Government to indicate the measures adopted to define the obligations of persons who manufacture, import, provide or transfer machinery, equipment or substances for occupational use, as set forth in Article 12(a) (ensure the absence of danger of machinery, equipment or substances), (b) (information and instructions) and (c) (studies and research).

Articles 13 and 19(f). Protection of workers who have removed themselves from situations presenting an imminent and serious danger. The Committee notes that section 50 of the SSC, to which the Government refers, covers medical examinations of workers who report in sick, and does not address the protection of workers who have removed themselves from a work situation that they had reasonable justification to believe presented an imminent and serious danger to their life or health. The Committee therefore requests the Government to indicate the measures taken to give effect to Article 13. It also requests the Government to indicate the manner in which it is ensured that employers cannot require workers to return to a work situation where there is continuing imminent and serious danger to life or health, until remedial action has been taken, as set forth in Article 19(f).

Article 15. Necessary coordination between various authorities and bodies. Central body. The Committee notes the Government’s indication that, with a view to formulating the national OSH policy, the establishment of a national central body for the coordination of prevention activities is planned. The Committee requests the Government to provide information on the progress achieved towards the establishment of this central coordinating body and, where possible, on its duties and functions.

Article 16(2) and (3). Employers’ responsibilities. The Committee notes that, according to section D.170-4 of Decree No. 96-178, in exceptional cases where the relevant labour inspector has recognized that the implementation of protective measures to clear out irritating or toxic dust, vapours or gases is impossible, appropriate masks and protective equipment shall be made available to the workers, and shall be maintained and disinfected before being assigned to another user. In the construction sector, individual protective equipment and appropriate protective products must be used in cases where collective means of protection cannot be adequately implemented, in accordance with section 12 of Decree No. 07-375/P-RM of September 26 of 2007, establishing the terms of application of the Labour Code provisions regarding special health and protection measures applicable to undertakings whose personnel is involved in building, public construction sites and other works concerning building structures. The Committee requests the Government to indicate the measures taken to ensure, in accordance with Article 16(2), that employers are required to ensure that the chemical, physical and biological substances and agents under their control are without risk to health when the appropriate measures of protection are taken. It also requests the Government to provide further information on the measures taken to ensure that employers are required to provide, where necessary and in sectors other than construction, adequate protective clothing and protective equipment to prevent risk of accidents or of adverse effects on health, in accordance with Article 16(3).

Article 17. Collaboration among two or more undertakings engaging in activities simultaneously at one workplace. The Committee requests the Government to provide information on the measures taken to ensure that whenever two or more undertakings engage in activities simultaneously at one workplace, they shall collaborate in applying the requirements of this Convention.

Articles 19(b), (c) and (e) and 20. Cooperation of workers and their representatives with the employer. The Committee notes that cooperation between the workers’ representatives and the employer, as well as the possibility for workers and their representatives to examine aspects of OSH in the enterprise, are given effect through the health and safety committees, provided for under sections L.280 to L.282 of the Labour Code and sections D.282-1 to D.282-9 of Decree No. 96-178. The Committee requests the Government to provide information on the application in practice of Articles 19(b), (c) and (e) and 20 of the Convention.

Article 21. Occupational safety and health measures without any expenditure for the workers. The Government indicates that employers are responsible for workers’ safety and health, and that the employer has the obligation to make available to workers, free of charge, means of preventing risks and harm at work. The Government also indicates that the compulsory medical examinations and any additional examinations, as provided for in the SSC, are free of charge for workers. The Committee requests the Government to provide further information on the legislative provisions guaranteeing that OSH measures do not entail any expenditure for the workers.

Protocol of 2002

Articles 2(a) and 3 of the Protocol. Procedures for recording. The Committee notes that section 71 of the SSC provides for the obligation to establish four copies of the notifications of industrial accidents and occupational diseases, the last of which is kept in the employer’s files and may be presented upon request. Section D.282-7 of Decree No. 96-178 also stipulates that the health and safety committees are required to complete an information form in the event of any serious accident which has resulted in death or permanent disability, or which has revealed the existence of a serious danger, even where the consequences were avoided. This provision also stipulates that a copy of this form must be kept by the enterprise. The Committee requests the Government to provide information on the periodic review of the above-mentioned procedures for recording occupational accidents and occupational diseases, and on the consultations held with the most representative organizations of employers and workers concerning the establishment and periodic review of these procedures. The Committee also requests the Government to take the measures necessary to ensure that the elements set out under Article 3(a)(ii), (iii), (iv), (c) and (d) are included in the procedures for recording.

Articles 2(b) and 4. Procedures for notification. The Committee notes that the notification of industrial accidents, including commuting accidents, and occupational disease is provided for in section L.176 of the Labour Code, section D.282-7 of Decree No. 96-178, and section 71 of the SSC. It further notes that, under section 140 of the SSC, any employer who uses occupational processes that may cause an occupational disease is required, under penalty of a fine, to submit a notification before the start of the works by registered post to the labour inspectorate and the National Social Security Institute. The Committee requests the Government to take the necessary measures to ensure that the above-mentioned procedures for notification include the elements set out under Article 4(a)(ii) of the Protocol. The Committee also requests the Government to provide information on the consultations held with the most representative organizations of employers and workers on the establishment and periodic review of these procedures.

Article 6. Annual publication of statistics. The Committee notes the statistics on occupational accidents provided by the Government but observes that the statistics on occupational diseases were not communicated. The Committee requests the Government to indicate how it ensures that statistics are published annually, compiled in such a way as to be representative of the whole country, concerning occupational accidents, occupational diseases and, as appropriate, dangerous occurrences and commuting accidents, as well as the analyses thereof.