In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 120 (hygiene (commerce and offices)), 155 (OSH), 161 (occupational health services) and 187 (promotional framework for OSH) together.

The Committee notes the Government’s first reports concerning Conventions Nos 155, 161 and 187.

General provisions

OSH and its promotional framework (Conventions Nos 155 and 187)

Article 1 of Convention No. 155. Application to the public and informal sectors. The Committee notes that, according to the Government’s information, the protection measures provided for by the Convention apply to all workers under the terms of section L.2 of the Labour Code, irrespective of the branch of economic activity. In this regard, the Committee notes, however, that this section does not apply to persons appointed to a permanent post in the public administration. The Committee therefore requests the Government to provide further information on the implementation of the protection granted by the Convention to persons working in the public sector. With regard to the application of the protection of the Convention to workers in the informal economy, the Committee refers to its comments below on Article 4(3)(h) of Convention No. 187.

Article 2(3) of Convention No. 187. Periodic consideration of the measures which, in consultation with the social partners, could be taken to ratify relevant OSH Conventions. The Committee requests the Government to provide information on the periodicity of the examination of the measures which could be taken with a view to the ratification of the relevant ILO OSH Conventions.

Action at the national level

National policy

Articles 4 and 5(a), (b), (d) and (e) of Convention No. 155. Account taken in the national OSH policy of the spheres of action that affect the safety and health of workers and the working environment. The Committee notes the Government’s indication in its report that the general objective of the national OSH policy (adopted in 2017) is to strengthen human capital in the working environment by preventing occupational risks and effectively managing accidents and harm to workers’ health. The Government adds that the specific objectives of this policy include: (i) strengthening inspection and monitoring of workplaces, as well as strategies for information, communication, education and training on OSH matters; (ii) promoting occupational health services in all activity sectors; (iii) improving the conditions and working environment in different activity sectors; (iv) protecting vulnerable groups; and (v) combating arduous work. The Committee requests the Government to provide detailed information on the implementation of these different objectives of the national OSH policy in terms of the various spheres of action listed in Article 5(a), (b) and (d) of the Convention. In addition, the Committee requests the Government to indicate how, within the framework of this policy, account is taken of the protection of workers and their representatives from disciplinary measures as a result of actions properly taken by them in conformity with the above policy (Article 5(e)).

National system

Article 8 of Convention No. 155 and Article 4(1) and (2)(a) of Convention No. 187. Periodic review of the national system for OSH. The Committee notes that, according to the Government’s information, the Labour Code, the Decree No. 94-244 of 7 March 1994 determining the terms for the organization and functioning of the health and safety committees and the Decree No. 2006-1258 of 15 November 2006 determining the tasks and the regulations for the organization and functioning of the occupational health services are currently being revised. The Committee requests the Government to provide information on the process of revision of all these texts, consultation with the most representative employers’ and workers’ organizations in this domain and, where possible, the results of the above process of revision.

Articles 6 and 15 of Convention No. 155 and Article 4(2)(b) of Convention No. 187. Functions and responsibilities in respect of the national OSH system. The Committee notes that strategic objective No. 1.2 of the national OSH programme for 2023–2027 (strengthen the OSH institutional framework) aims to establish the High Council for the prevention of occupational risks, which will be responsible for ensuring the coordination of the national OSH policy. The Committee requests the Government to provide detailed information on the implementation of this specific objective.

Article 11(b) of Convention No. 155. Consideration taken of the hazards due to the simultaneous exposure to several substances or agents. The Committee notes that under the terms of section L.168 of the Labour Code, a decree may determine the specific requirements for certain types of hazardous materials and substances. It notes the provision of Decree No. 2006-1257 of 15 November 2006 determining the minimum requirements for protection against chemical risks. The Committee requests the Government to provide information on the measures taken to progressively implement Article 11(b) of the Convention, including with regard tohazards due to the simultaneous exposure to several substances or agents.

Article 11(f) of Convention No.155 and Article 4(3)(f) of Convention No.187. Introduction or extension of systems to examine chemical, physical and biological agents in respect of the risk to the health of workers.The Committee requests the Government to indicate how, in law and in practice, effect is given to this provision.

Article 9(1) of Convention No. 155 and Article 4(2)(c) of Convention No. 187. Inspection system.The Committee refers the Government to its comment under Article 16 of Convention No. 161 above, as well as its comments under the Labour Inspection Convention, 1947 (No. 81).

Article 9(2) of Convention No. 155. Appropriate penalties.Noting that, as part of the revision of the Labour Code, a whole chapter is dedicated to penalties, especially the issue of proportionality between violations and penalties, the Committee refers the Government to its comment under Article 18 of Convention No. 81.

Article 4(3)(h) of the Convention No. 187. Progressive improvement of occupational safety and health conditions in small and medium-sized enterprises and in the informal economy.Noting that the specific objective No. 5.3 of the national OSH programme 2023–27 aims particularly to promote OSH in the informal economy by establishing a network of trainers for the WIIS (Improving working conditions in the informal sector) and WISE (Improving working conditions in small enterprises) programmes, the Committee requests the Government to provide information on the implementation of this objective.

Article 5(1) and (2)(c) of Convention No. 187. Monitoring, evaluation and periodical review of a national programme and policy on OSH. Conditions of review. The Committee notes that the national policy – the national OSH programme for 2023–27 – shows that: (i) a periodic review of the national OSH programme should be carried out to check that it is producing the expected results; (ii) it is necessary to provide for the monitoring procedures of such a programme; (iii) it is strongly recommended that this monitoring is handled by a tripartite committee set up by order of the Minister of Labour; and (iv) to this end, a description of the material and budget of the functioning of this committee is attached to the document in question. The Committee requests the Government to provide information on any measures taken or envisaged with a view to setting up the tripartite committee in question and to specify the procedures for the review of the national OSH programme in light of the requirements of Article 5(2)(c) of the Convention.

Article 12 of Convention No. 155. Obligations of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee requests the Government to indicate the manner in which, in law and in practice, effect is given to the provisions of this Article.

Action at the level of the enterprise

Article 20 of Convention No. 155 and Article 4(2)(d) of Convention No. 187. Cooperation between employers, workers and their representatives. The Committee notes the Government’s indication that 74 occupational health and safety committees were established in 2022, 18 more than in 2021. It also notes that, of the 14,135 infringements identified by the labour inspectorate in 2022, only five related to a lack of effectiveness of this type of committee. In addition, the Committee notes that specific objective No. 5.2 (to promote OSH in the public and semi-public sector) of the national OSH programme 2023–2027 aims, inter alia, to ensure that occupational health and safety committees are set up in workplaces with at least 50 workers, and that their members are trained. The Committee requests the Government to provide information on any measures taken or envisaged to implement this objective.

Occupational Health Services Convention, 1985 (No. 161)

Application of the Convention in the public and informal sectors.Noting that specific objective No. 5.1 of the national OSH programme 2023–27 aims to promote OSH services as part of workplace compliance in the public, private and informal sectors, the Committee requests the Government to provide detailed information on any measures taken or envisaged to implement this objective in the public and informal sectors.

Article 5. Functions of occupational health services.The Committee requests the Government to provide detailed information on the application in practice of this Article of the Convention, as well as on the implementation of specific objective No. 2.2 of the national OSH programme 2023–27, which aims to promote occupational health services. In particular, the Committee requests the Government to provide detailed information on the functions of the occupational health services with regard to ergonomics and individual and collective protective equipment (Article 5(e) and (i)).

Article 9(3). Cooperation and coordination between occupational health services.The Committee requests the Government to provide information on the implementation of strategic objective No. 1.2 of the national OSH programme 2023–2027, which aims to strengthen the institutional OSH framework, in particular through the adoption of an order issuing the establishment and functioning of national coordination for the health and safety committees and sectoral committees.

Article 10. Independence of occupational health services personnel. The Committee notes that, in accordance with Decree No. 67-147, issuing the Code of Conduct for medical practitioners, doctors may not give up their professional independence. The Committee requests the Government to indicate how the professional independence of other members of occupational health services (nurses, medical secretaries and emergency workers) is ensured.

Article 12. Surveillance of workers’ health in relation to work. Noting that, in accordance with section L.176 of the Labour Code, surveillance of workers’ health in relation to work must not involve any expense for them, the Committee requests the Government to provide information on any measures taken or envisaged to ensure that this surveillance shall involve no loss of earnings for them and shall take place as far as possible during working hours.

Article 13. Information for workers of health hazards involved in their work.The Committee requests the Government to provide information on the measures taken to ensure that, in practice, all workers are informed of the health hazards involved in their work.

Article 14. Informing the occupational health services of any known factors and any suspected factors in the working environment which may affect the workers’ health.The Committee requests the Government to provide information on the measures taken to ensure that, in practice,the occupational health services are informed by the employer and workers of any known factors and any suspected factors in the working environment which may affect the workers’ health.

Article 15. No verification of the reasons for absence from work. The Committee notes that, in accordance with section 86 of the national inter-occupational collective agreement, if workers who are sick do not report their condition to the enterprise’s medical service within 48 hours, they must, except in a case of force majeure, notify their employer of the reason for their absence and provide a medical certificate. The employer may initiate a follow-up examination by the works doctor or by any doctor he or she chooses. The Committee requests the Government to provide information on any measures taken or envisaged to amend its legislation with a view to ensuring that the employer cannot require the occupational health services personnel to verify the validity of the reasons for absence of a worker.

Article 16. Authority responsible both for supervising the operation of and for advising occupational health services. The Committee notes that, according to the national OSH programme 2023–27, the medical labour inspectorate, which is responsible for, inter alia, supervising the operations of the occupational medical services and issuing its views to the labour inspection services as provided for by Decree No. 2006-1258 of 15 November 2006, determining the tasks and the regulations for the organization and functioning of the occupational health services, is not operational. Noting also that the specific objective No. 2.1 of the above national programme aims to establish medical labour inspection, by hiring and training a work doctor, occupational nurses and suitable personnel, the Committee requests the Government to provide detailed information on the implementation of this objective.

Protocol to Convention No. 155

Articles 2, 3, 4 and 5 of the Protocol. Requirements and procedures for recording and notification of occupational accidents and occupational diseases and, where appropriate, of dangerous occurrences, commuting accidents and suspected cases of occupational diseases. The Committee notes that: (i) priority No. 3 of the national OSH programme 2023–2027 is the harmonization of data collection tools and accessibility of OSH statistics; (ii) specific objective No. 3.2 is the establishment of a single OSH data management system, by incorporating all the data on occupational accidents and diseases into a database under the OSH information system; and (iii) specific objective No. 3.1 aims to strengthen the system for notification of occupational accidents and diseases. The Committee requests the Government to provide information on the implementation of this priority and these two objectives, including in the public sector. In addition, the Committee requests the Government to provide information on the procedures for the review of the above requirements and procedures for recording and notification (Article 2), as well as on any other measure taken or envisaged to give effect to Articles 3(a)(ii), (iii) and (iv), (b), (c) and (d), 4(a)(ii) and (c) and 5 of the Protocol.

Articles 6 and 7. Annual publication of statistics concerning occupational accidents, occupational diseases and, as appropriate, dangerous occurrences and commuting accidents, as well as the analyses thereof. The Committee notes that statistical data on occupational accidents and occupational diseases are published annually in the labour statistics report and the document entitled Labour in Figures. The Committee also notes the Government’s indication that, with regard to data collection, there are plans to improve and align the data collection mechanisms of the labour and social security inspectorates, the Social Security Fund and the Directorate of Labour Statistics and Studies. The Committee requests the Government to provide information on any measures taken or envisaged to improve and align the data collection mechanisms and ensure that the annual statistics represent the whole country in respect of occupational accidents, occupational diseases and, as appropriate, dangerous occurrences and commuting accidents, as well as the analyses thereof.

Protection in specific branches of activity

Hygiene (Commerce and Offices) Convention, 1964 (No. 120)

Application of the Convention in practice. In response to the Committee’s previous request, the Government indicates that the monitoring of the working conditions of personnel employed in commerce and offices is ensured by the labour and social security inspection services, which dedicated 38.63 per cent of the 5,112 inspections carried out in 2022 to the commerce sector (which is the largest employer in the country), 8.31 per cent to activities of the administrative and support services and 5.34 per cent to financial and insurance activities. The Committee also notes that one of the two reports of infringements, of all the branches of industry in 2022, involved a workplace in the commerce sector, and that over half of the warnings targeted workplaces in this sector (62.50 per cent). The Committee requests the Government to pursue its efforts to ensure the application of the Convention and to continue to provide information on the application in practice of the Convention, including the number and nature of the infringements identified.