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Medical Examination of Young Persons (Underground Work) Convention, 1965 (No. 124) - Madagascar (Ratification: 1967)

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Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the observations of the Christian Confederation of Malagasy Trade Unions (SEKRIMA) attached to the Government’s report.

Article 2(1) of the Convention. Medical examination of persons under 21 years of age prior to underground work in mines and application of the Convention in practice. The Committee noted previously that section 82 of Decision No. 58-AR of 8 May 1958 setting forth the safety rules applying to mines and quarries provides that no workers may be assigned to underground work without first undergoing a medical examination finding them to be fit for such employment. The Committee also noted that sections 7, 8 and 9 of Order No. 2806 of 8 July 1968 organizing occupational medical services provide in particular that employers must have regular visits organized for periodic medical examinations and that all workers are required to undergo a medical examination including a chest x-ray before taking up employment or no later than the following month. Furthermore, the Committee noted with interest that, under section 8 of Decree No. 2003-1162 of 17 December 2003 organizing occupational medicine, every worker, before taking up employment or no later than the following month, “shall undergo a medical examination consisting of at least an x-ray film of the lungs”. Under sections 7 and 9 of the Decree, periodic medical examinations are also compulsory and include “special medical examinations for workers exposed to the risk of occupational diseases”. However, the Committee noted the claims of the General Confederation of Workers’ Unions of Madagascar (CGSTM) that, to its knowledge, there are no longer any mining companies in Madagascar’s formal sector that perform underground work and employ young persons within the meaning of the Convention. The problem does arise, however, in family undertakings in the informal economy, for example in the sapphire mines of the Ilakaka region, in which young persons work up to 50 metres underground without proper safety precautions or ventilation. The CGSTM reported that the absence of adequate legislation means that these young people undergo neither a pre-employment medical examination to ascertain their fitness nor any regular medical checks, and that the Government has not taken any action to solve the problem.

The Committee notes the Government’s indication in its report that over 90 per cent of jobs are in the informal economy. The public services have no knowledge of 89 per cent of them on average. The Government states that it is aware of the need for action by labour inspectors in the informal economy. In this regard, the ILO–PAMODEC project, in collaboration with the Directorate of Labour and Promotion of Fundamental Rights (DTPDF) at the Ministry of the Civil Service, Labour and Social Legislation, held a national workshop on 26, 27 and 28 November 2014 for exchanges and discussions between labour inspectors on the effective application of international labour standards in the informal economy. Moreover, the Government indicates that it was agreed that formalization is particularly relevant to four sectors of activity, namely tourism, commerce, agriculture and public works/construction. Furthermore, the Committee notes the observations of SEKRIMA that, as regards underground operations run by families in the informal economy, the situation is currently unchanged since no official action has been taken to eliminate such operations, especially as they appear spontaneously and are impossible to monitor. Moreover, in general, there is no medical infrastructure established in the region where such operations are found.

The Committee recalls that, under Article 2 of the Convention, a thorough medical examination, and periodic re-examinations at intervals of not more than one year, for fitness for employment shall be required for the employment or work underground in mines of persons under 21 years of age, regardless of whether the work is performed in the formal sector or the informal economy and whether or not it is based on an employment relationship. The Committee requests the Government to take steps to ensure that all children and young persons under 21 years of age enjoy the protection afforded by the Convention, particularly those who work in family undertakings in mining and quarrying in the informal sector. It also requests the Government to provide information on the application of the Convention in practice, including statistics on the number of young persons who are working and have undergone the medical examinations provided for by the Convention, and also the number and nature of any violations recorded by the labour inspection services.

Article 4(4) and (5). Records pertaining to employees under 21 years of age. In its previous comments, the Committee noted the Government’s indication that a record must be kept by the employer and must consist of three parts: personal particulars, data concerning the worker’s position within the undertaking and a separate section for official stamps/signatures, observations and warnings from the labour inspector to the undertaking. The Committee noted that although the sample record provided by the Government in its report clearly indicates the employee’s date of birth, it contains no indication of the nature of the work and does not include a certificate attesting fitness for employment. The Committee noted, however, that under section 6 of Decree No. 2007-563 on child labour, the employer must keep a record indicating the full name, type of work, wage, hours of work, state of health, details of schooling and the situation of the parents of each child employee under 18 years of age. The Committee also noted the Government’s statement that Order No. 129-IGT of 5 August 1957 establishing a standard employer’s record, pursuant to section 252 of the Labour Code, is still in force and needs to be revised. The Committee observed that there still appears to be no requirement for employers’ records to contain a certificate of fitness for employment in respect of young persons between 18 and 21 years of age engaged in underground work. It asked the Government to take the necessary steps to ensure that employers comply with the obligations of Article 4(4) and (5) of the Convention.

The Committee notes the Government’s indication that the revision of Order No. 129-IGT very much depends on the resumption of the normal functioning of the National Labour Council (CNT), which is in the process of being made operational. The Government also indicates that, firstly, the DTPDF must carry out the feasibility study in relation to the revision of the Order, taking into account all the points to be included in the draft legislation according to the recommendations of the Committee of Experts. Secondly, the DTPDF, the body performing the role of technical secretary for the CNT, will communicate the draft to the CNT for the requested purposes. The Committee also notes that SEKRIMA refers to Order No. 129-IGT, indicating that it is still in force but is not applied in practice. SEKRIMA also considers that the Government should take the necessary steps to convene the CNT with a view to revising and harmonizing the Labour Code and subsequent legislation in relation to the ratified Conventions. The Committee expresses the hope that the Government will take the necessary steps to revise Order No. 129-IGT of 5 August 1957 establishing a standard employer’s record. It also requests it to ensure that the new order clearly lays down the obligation for the employer to keep a record indicating in particular the date of birth, the type of work and a certificate of fitness for underground work in respect of each person between 18 and 21 years of age, and to make this record available to workers’ representatives on request. The Committee further requests the Government to provide information in its next report on progress made in this regard.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes the observations from the Christian Confederation of Malagasy Trade Unions (SEKRIMA), received on 4 September 2017 and requests the Government to provide its comments in this respect.

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2012.

The Committee takes note of the Government’s report and the communication of 27 August 2012 from the General Confederation of Workers’ Unions of Madagascar (CGSTM).

Article 2(1) of the Convention and Part V of the report form. Medical examination of persons under 21 years of age prior to underground work in mines and application of the Convention in practice. The Committee noted previously that section 82 of Decision No. 58-AR of 8 May 1958 setting forth the safety rules applying to mines and quarries provides that no worker may be assigned to underground work without first undergoing a medical examination finding him to be fit for such employment. The Committee also noted that sections 7, 8 and 9 of Order No. 2806 of 8 July 1968 to organize occupational medical services provide in particular that employers must have regular visits organized for periodic medical examinations and that all workers are required to undergo a medical examination that includes an x-ray film of the lungs prior to taking up employment or in the month following at the latest. Furthermore, the Committee noted with interest that by virtue of section 8 of Decree No. 2003-1162 of 17 December 2003 to organize occupational medicine, every worker, before being hired or at the latest in the month after being hired, “shall undergo a medical examination consisting of at least an x ray film of the lungs”. Pursuant to sections 7 and 9 of the Decree, periodical medical examinations are also compulsory and include “special medical examinations for workers exposed to the risk of occupational diseases”.

The Committee notes the CGSTM’s assertion that to its knowledge, there are no longer any mining companies in Madagascar’s formal sector that carry on underground work and employ young persons within the meaning of the Convention. The problem does arise, however, in family undertakings in the informal sector, for example in the sapphire mines of the Ilakaka region, in which minors work up to 50 meters underground without proper safety precautions or ventilation. The CGSTM reports that the absence of adequate legislation means that these young people undergo neither a pre-employment medical examination to ascertain their fitness nor any regular medical checks. Lastly, the CGSTM states that the Government has not as yet undertaken any action to resolve the problem.

The Committee observes that children working in family undertakings on an informal basis appear not to be covered by the legislation regarding medical examinations. The Committee points out that according to Article 2 of the Convention, a thorough medical examination for fitness for employment and periodic re-examinations at intervals of not more than one year shall be required for the employment or work underground in mines of persons under 21 years of age, regardless of whether the work is performed in the formal sector or the informal economy and whether or not it is based on an employment relationship. The Committee asks the Government to take steps to ensure that all children and young persons under 21 years of age enjoy the protection afforded by the Convention, particularly those who work in family undertakings in mining and quarrying in the informal sector. It asks the Government to provide information on these matters in its next report, and particularly on the effect given in practice to the provisions requiring a pre-employment medical examination and subsequent periodic re-examinations for young persons under 21 years of age working underground in family undertakings in the informal sector.

Article 5(4) and (5). Records pertaining to employees under 21 years of age. In its previous comments the Committee noted that according to the Government, a record must be kept by the employer and must consist of three parts: personal particulars, data concerning the worker’s position within the undertaking and a separate section for visas, observations and warnings issued by the labour inspector to the undertaking. The Committee noted that although the sample record provided by the Government in its report clearly indicates the employee’s date of birth, it contains no indication of the nature of the work and does not include a certificate attesting fitness for employment, as required by Article 4(4) of the Convention. The Committee nonetheless noted that by virtue of section 6 of Decree No. 2007-563 on child labour, the employer must keep a record showing the full identity, the type of work, the wage, the number of hours of work, the state of health, the schooling and the situation of the parents of each child employee under the age of 18 years.

The Committee notes the information supplied by the Government to the effect that Order No. 129-IGT of 5 August 1957 establishing a standard employer’s register, pursuant to section 252 of the Labour Code, is still in force. The Government states that the Order needs revision in order to adapt it to present circumstances and that the Committee’s recommendations will be forwarded to the National Labour Council, a body for tripartite consultation. The Committee accordingly observes that it would appear that there is still no requirement for employers’ records to contain a certificate of fitness for employment in respect of young persons aged from 18 to 21 years engaged in underground work. The Committee again asks the Government to take the necessary steps to ensure that employers are required to keep a record showing the date of birth, duly certified wherever possible, an indication of the nature of the occupation and a certificate attesting fitness for employment, for all persons between 18 and 21 years of age who are employed or work underground, and to make these records available to the workers’ representatives at their request. It asks the Government to supply information on progress made in this regard in its next report.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee takes note of the Government’s report and the communication of 27 August 2012 from the General Confederation of Workers’ Unions of Madagascar (CGSTM).

Article 2(1) of the Convention and Part V of the report form. Medical examination of persons under 21 years of age prior to underground work in mines and application of the Convention in practice. The Committee noted previously that section 82 of Decision No. 58-AR of 8 May 1958 setting forth the safety rules applying to mines and quarries provides that no worker may be assigned to underground work without first undergoing a medical examination finding him to be fit for such employment. The Committee also noted that sections 7, 8 and 9 of Order No. 2806 of 8 July 1968 to organize occupational medical services provide in particular that employers must have regular visits organized for periodic medical examinations and that all workers are required to undergo a medical examination that includes an x-ray film of the lungs prior to taking up employment or in the month following at the latest. Furthermore, the Committee noted with interest that by virtue of section 8 of Decree No. 2003-1162 of 17 December 2003 to organize occupational medicine, every worker, before being hired or at the latest in the month after being hired, “shall undergo a medical examination consisting of at least an x-ray film of the lungs”. Pursuant to sections 7 and 9 of the Decree, periodical medical examinations are also compulsory and include “special medical examinations for workers exposed to the risk of occupational diseases”.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report.

Article 3, paragraph 2, of the Convention. X-ray film of the lungs. In its previous comments, the Committee noted the Government’s information to the effect that the texts which were to be adopted pursuant to Act No. 94-027 of 17 November 1994 issuing the Health, Safety and Work Environment Code, should make it mandatory for an X-ray film of the lungs to be carried out on the occasion of the medical examination of persons under 21 years of age. The Committee notes with interest that, by virtue of section 8 of Decree No. 2003‑1162 of 17 December 2003 organizing occupational medicine, every worker, before being hired or, at the latest, in the month after being hired, “shall undergo a medical examination including at least one X-ray film of the lungs”. Furthermore, it notes that, by virtue of sections 7 and 9 of the Decree, periodical medical examinations are also compulsory and that these examinations include “special medical examinations for workers exposed to the risk of occupational diseases”.

Article 4, paragraphs 4 and 5. Records in respect of persons under 21 years of age. The Committee notes the Government’s information to the effect that records must be kept by the employer consisting of three parts: personal data, data concerning the worker’s position within the undertaking, and a separate section for visas, observations, and formal notices from the labour inspector against the undertaking. The Committee notes that, even though the copy of these records, sent by the Government with its report, clearly indicates the employee’s date of birth, it does not contain any indication of the nature of the work and does not include a certificate attesting to fitness for employment, as required under Article 4 of the Convention. The Committee notes, however, that by virtue of article 6 of Decree No. 2007-563 on child labour, the employer must keep records referring to the full identity, the type of work, the salary, the number of hours of work, the state of health, the schooling, and the situation of the parents of each child employed. The Committee therefore asks the Government to take the necessary steps to ensure that it is compulsory for employers to keep records indicating the date of birth, duly certified wherever possible, an indication of the nature of the occupation and a certificate which attests fitness for employment, for each person aged between 18 and 21 years who is employed or works underground, and to make these records available to workers’ representatives at their request.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information supplied by the Government in its report.

Article 3, paragraph 2, and Article 4, paragraphs 4 and 5, of the Convention. The Committee notes with interest the information to the effect that, following the revision of various regulatory texts by the Inter‑ministerial Consultative Committee established by decree in 1999, the provisions of Order No. 902 of 20 May 1960 setting out special prevention measures only for establishments in which staff are exposed to silicosis, are to be made applicable to all work comprising the employment of persons under 21 years of age in underground work.

The Committee also notes that, according to the Government’s report, the texts, which will be adopted pursuant to Act No. 94.027 of 17 November 1994 issuing the Health, Safety and Work Environment Code, are to make it mandatory for records to be kept in respect of persons under 21 years of age and for an X-ray film of the lungs to be carried out on the occasion of the initial medical examination of persons under 21 years of age. As regards the latter point, the Committee draws the Government’s attention to the fact that, when regarded as medically necessary, an X-ray film of the lungs must also be carried out on the occasion of subsequent re-examinations.

The Committee requests the Government to provide a copy of the various measures adopted to bring the national legislation into line with the provisions of the Convention. The Government is asked in particular to provide a copy of the registration form for persons under 21 years of age.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

For many years, the Committee has been drawing the Government's attention to the application of Article 3, paragraph 2, of the Convention, under which an X-ray film of the lungs is required at the medical examination on recruitment of persons under 21 years of age for underground work in mines and quarries, and of Article 4, paragraphs 4 and 5, under which the employer should keep, and make available to inspectors and workers' representatives, records containing, in respect of persons under 21 years of age, a certificate which attests fitness for employment. The Committee has suggested that the provisions of Order No. 902 of 20 May 1960, setting out special preventive measures for establishments in which staff are exposed to silicosis, should be made applicable to all work comprising employment underground of persons under 21 years of age in order to give effect to the Convention on the two points mentioned above.

The Committee notes the Government's statement to the effect that Order No. 902 must not be separated from the general context of health and safety measures relating to underground work and must be supplemented by other regulations on the same matter, in particular Order No. 895 of 20 May 1960 setting out the special health and safety measures applicable in mines and Deliberation No. 53-60/AR of 8 May 1958 setting safety rules in mines and quarries. It notes that these various texts refer to radioscopic examinations and not, as required by the Convention, to an X-ray examination which has the double advantage of being a means of proof and of being less harmful to the worker than the radioscopic examination.

The Committee also notes that the Code on Health, Safety and the Environment at Work has been adopted by the National Assembly and that the texts issued under this code will take into account the provisions of the Convention. The Committee hopes that the implementing texts will make it compulsory to carry out an X-ray examination on the occasion of the medical examination on recruitment and to keep records relating to persons under 21 years of age. It requests the Government to send it a copy of the texts when adopted.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request.

Articles 3, paragraph 2, and 4, paragraphs 4 and 5, of the Convention. In its comments since 1983, the Committee has suggested to the Government that it extend the application of Order No. 902 of 20 May 1960 to all work involving employment of young persons underground, both in mines and in quarries. It had noted that this Order concerning only work likely to cause silicosis, contained provisions regarding the need to include an X-ray film of the lungs on the occasion of the initial medical examination and, if necessary, on the occasion of subsequent re-examinations; and the need for the employer to keep, and make available to inspectors and workers' representatives, a record and/or specific information concerning, in particular, a certificate attesting fitness for employment.

In reply to these comments, the Government referred to, among others, Order No. 895 of 20 May 1960 and to Resolution No. 58-60/AR of 8 May 1958 which provide that the medical examination of the worker must include a cardio-pulmonary X-ray examination. The Committee can only recall that national legislation provides for an X-ray examination of workers, while the Convention requires that an X-ray film of the lungs be carried out in the context of the initial medical examination, which has the double advantage of being a means of proof and of being less harmful to the worker than the cardio-pulmonary X-ray examination.

The Committee once against expresses the hope that the Government will re-examine the state of the national legislation in the light of the above and that the next report will contain information on measures taken to ensure the full application of the Convention.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee has taken note of the last report of the Government.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters which were raised in its previous direct request.

The Committee noted the information supplied by the Government in its report received in 1989.

With reference to its previous comments, the Committee noted that the Government had still not given effect to its suggestion to extend the application of Order No. 902 of 20 May 1960 to all work involving the employment of young persons in underground work, in mines as well as in quarries. Indeed, the Committee noted that this Order, which relates only to work likely to provoke silicosis, contained provisions corresponding to those of Article 3, paragraph 2, and Article 4, paragraphs 4 and 5, of the Convention. The Committee recalled that these provisions concern respectively the necessity to undergo an X-ray film of the lungs on the occasion of the initial medical examination on recruitment and also, if necessary, on the occasion of subsequent re-examinations, and the necessity for the employer to keep a record containing, in particular, a certificate of fitness for employment, among other elements, which must be made available to inspectors and workers' representatives. Extending the application of Order No. 902 would make it possible to broaden the effect given to the above provisions of the Convention while awaiting the planned revision by the Government of Order No. 2806 on the organisation of occupational medical services.

The Committee trusts that the Government will re-examine the situation as regards its law and practice in the light of the above and that the next report will contain appropriate information on the measures that have been taken to give full effect to the Convention.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters which were raised in its previous direct request.

The Committee noted the information supplied by the Government in its report received in 1989.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes the information supplied by the Government in its last report.

With reference to its previous comments, the Committee notes that the Government has still not given effect to its suggestion to extend the application of Order No. 902 of 20 May 1960 to all work involving the employment of young persons in underground work, in mines as well as in quarries. Indeed, the Committee noted that this Order, which relates only to work likely to provoke silicosis, contained provisions corresponding to those of Article 3, paragraph 2, and Article 4, paragraphs 4 and 5, of the Convention. The Committee recalls that these provisions concern respectively the necessity to undergo an X-ray film of the lungs on the occasion of the initial medical examination on recruitment and also, if necessary, on the occasion of subsequent re-examinations, and the necessity for the employer to keep a record containing, in particular, a certificate of fitness for employment, among other elements, which must be made available to inspectors and workers' representatives. Extending the application of Order No. 902 would make it possible to broaden the effect given to the above provisions of the Convention while awaiting the planned revision by the Government of Order No. 2806 on the organisation of occupational medical services.