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Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) - Niger (Ratification: 1993)

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Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Previous comment on Convention No. 119Previous comment on Convention No. 148Previous comment on Convention No. 155Previous comment on Convention No. 161Previous comment on Convention No. 187

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 119 (guarding of machinery), 148 (working environment (air pollution, noise and vibration), 155 and its Protocol of 2002 (OSH), 161 (occupational health services) and 187 (promotional framework for OSH) together.

Application in practice of Conventions Nos 119, 148, 155 and its Protocol, 161 and 187. The Committee notes the statistical information in the Government’s report concerning occupational accidents and occupational diseases recorded between 2015 and 2019. It notes that mining and quarrying (18.93 per cent) and water, gas and electricity production and distribution (18.34 per cent) are the branches of activity recording the highest rates of occupational accidents and diseases, and that the occupational category of manual workers is the most affected, with 69 accidents, including seven fatal accidents, and a total of 1,240 days lost. The Committee requests the Government to indicate all measures taken or envisaged to reduce the number of occupational accidents and occupational diseases in these sectors and for this category of workers. The Committee also requests the Government to continue providing statistical data on occupational accidents and diseases which have been recorded, including occupational accidents resulting from the use of machinery and occupational diseases resulting from air pollution, noise and vibration.

A.General provisions

1.Occupational Safety and Health Convention, 1981 (No. 155), and Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)

The Committee notes the information provided by the Government in reply to its previous requests concerning legislative developments and the following Articles of Convention No. 155: Article 5(a) and (b) (spheres of action involving the material elements of work and their relationships with the persons who carry out or supervise the work); Article 5(d) (sphere of action involving communication and cooperation); Article 6 (functions and responsibilities in respect of OSH); Article 11 (functions of the competent authorities); and Article 21 (expenditure for OSH measures). The Committee also notes the information provided by the Government in reply to its previous request concerning Article 4(3)(a)–(g) (components of the national system for OSH) of Convention No. 187.

I.Action at the national level

Article 2(1) of Convention No. 187. Continuous improvement of OSH in consultation with the most representative organizations of employers and workers. Further to its comments on the measures taken to give effect to Article 2(1), the Committee notes with interest the adoption of Decree No. 2017-682/PRN/MET/PS issuing the regulatory part of the Labour Code, of which Title III, Chapter II is concerned with occupational safety, health and hygiene, pursuant to sections 136–156 of the Labour Code. The Committee also notes section a.4.1 of the national policy on OSH adopted on 30 June 2017 (PNSST 2017), which indicates that the opinion of the OSH Technical Advisory Committee (CTCSST) must be obtained before any legislative or regulatory text on OSH is adopted. It also notes that the tripartite composition of the CTCSST is provided for by section 524 of Decree No. 2017-682/PRN/MET/PS. The Committee further notes the Government’s indication that the adoption of a specific code on OSH, the mapping of occupational hazards and the establishment of a Higher Council for the Prevention of Occupational Hazards are still under way. The Committee also notes that, in the context of the Universal Periodic Review (UPR) of the United Nations Human Rights Council, the recommendations for Niger in 2021 included strengthening the legislative and regulatory frameworks and the existing measures taken to protect local communities against the consequences of uranium mining (A/HRC/48/5, paragraph 122.66). In this regard, the Committee notes that Niger adopted Order No. 03/MME/DM of 8 January 2001 providing protection against the dangers of ionizing radiation in the mining sector. The Committee requests the Government to continue providing information on progress made regarding the adoption of the specific code on OSH and the mapping of occupational hazards. The Committee also requests the Government to continue providing information on the activities of the CTCSST in practice, including the frequency of its meetings, and on the steps taken to promote continuous improvement of OSH with respect to workers exposed to ionizing radiation in the mining sector.

National policy

Articles 4 and 7 of Convention No. 155 and Article 3 of Convention No. 187. National policy on OSH. The Committee notes with interest the adoption in 2017 of the national policy on OSH (PNSST 2017), further to the opinion of the tripartite CTCSST. It notes that the general objective of the PNSST 2017 is to ensure the safety and health of workers through the prevention of occupational accidents and diseases in all sectors (section 2.2). The Committee requests the Government to provide more information on the steps taken to implement the PNSST 2017, and to indicate the manner in which it ensures the periodic review of this national policy, in consultation with the most representative employers’ and workers’ organizations.

National system

Article 5(c) of Convention No. 155 and Article 4(3)(c) of Convention No. 187. Training in OSH. The Committee notes that, under section 1.1 of the PNSST 2017, one of the difficulties highlighted concerning the protection of workers’ health is the inadequacy of training for all stakeholders, and the competent authorities have made a point of resolving these issues, in particular through the introduction of OSH instruction in vocational training schools. Further to its previous request concerning the functioning of the National Coordinating Office for OSH Committees (CNCSST), the Committee also notes that, under section 2 of Order No. 0365 of 16 March 2012 (as amended in 2020) establishing the CNCSST and its competencies and composition, the CNCSST is tasked with organizing training activities with the assistance of the State, the employers, the National Social Security Fund and other stakeholders. Moreover, section 3 of the above-mentioned Order provides that the CNCSST can assist the regional coordinating offices by providing information and training for members of the OSH committees in enterprises. The Committee requests the Government to provide more information on the activities of the CNCSST in practice, particularly pursuant to sections 2 and 3 of Order No. 0365 of 16 March 2012, as amended.

Article 5(e) of Convention No. 155. Protection of workers and their representatives from disciplinary measures as a result of actions properly taken by them in conformity with national policy. The Committee notes that, under section 224(2) of Decree No. 2017-682/PRN/MET/PS, an employer cannot dismiss a worker for lack of work during the provisional suspension of work on account of a dangerous situation. The Committee requests the Government to provide more information on the steps taken to ensure the protection of workers and their representatives from disciplinary measures as a result of actions properly taken by them in conformity with national policy, beyond the situations envisaged in section 224 of Decree No. 2017-682/PRN/MET/PS.

Article 15(1) of Convention No. 155. Necessary coordination between various authorities and bodies. The Committee notes that, according to section 1.1.2.2 of the PNSST 2017, one of the weaknesses of the system for the prevention of occupational hazards is the lack of coordination between the various administrative stakeholders involved in prevention, which results in the dispersal of resources and frameworks for intervention. The Committee requests the Government to provide information and indicate whether progress has been made on coordination between the various stakeholders in the system for the prevention of occupational hazards further to the implementation of the PNSST 2017.

Article 4(3)(h) of Convention No. 187. Support mechanisms in micro-enterprises, in small and medium-sized enterprises and in the informal economy. The Committee requests the Government to indicate all the measures taken or envisaged to ensure that there are support mechanisms for a progressive improvement of OSH conditions in micro-enterprises, in small and medium-sized enterprises and in the informal economy.

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 notes that, under section 304 of Decree No. 2017-682/PRN/MET/PS, the sale, hire, transfer and exhibition of machinery of which the dangerous parts are without appropriate guards are prohibited for persons or their agents who manufacture, sell, hire, transfer or exhibit such machinery. The Committee also notes that section 305 of the same Decree imposes the obligation on manufacturers, importers or sellers to provide employers and self-employed workers who are users of dangerous substances or preparations with the necessary information on prevention and safety through a safety data sheet. The Committee notes that these provisions give effect to Article 12(a) of Convention No. 155 with regard to substances and machinery and give effect to Article 12(b) and (c) with regard to substances. The Committee therefore requests the Government to indicate the manner in which it is ensured that persons who manufacture, sell, hire, transfer or exhibit machinery provide information concerning the correct installation and use of machinery and equipment (Article 12(b)) and undertake studies and research or otherwise keep abreast of the scientific and technical knowledge (Article 12(c)).

National programme

Article 5 of Convention No. 187. National programme on OSH. The Committee previously noted that there was no national programme on OSH and expressed the hope that the Government would make all necessary efforts to formulate and implement such a programme, asking the Government to continue providing information on the progress made in this respect. The Committee notes that, according to the Government, the national OSH programme has not yet been developed. However, the PNSST 2017 contains time-bound strategies setting out the results expected in terms of improving the national system for OSH. The Committee requests the Government to provide information on the implementation, monitoring, evaluation and periodic review of the strategies contained in the PNSST 2017, including the results achieved.

II.Action at the enterprise level

Article 19(b)–(e) of Convention No. 155. Rights of workers’ representatives with regard to occupational safety and health. The Committee notes the Government’s indication, in reply to its previous comments, that labour inspectors may ask establishments or enterprises of ten or fewer employees to elect their staff delegates in the context of an internal works agreement. It also notes that, under section 1.1.2.2 of the PNSST 2017, one of the organizational weaknesses of the national system is the absence of OSH committees in some enterprises or the fact that the committees are not operational. The Committee therefore requests the Government to indicate the measures taken, including in the context of implementation of the PNSST 2017, in support of OSH committees in enterprises and to ensure that these committees are established in enterprises in practice.

2. Protocol of 2002 to Convention No. 155

The Committee takes note of the Government’s first report.

Articles 2 and 3(a)(iv) and (c) of the Protocol. Responsibility of employers to refrain from instituting retaliatory or disciplinary measures. Duration for maintaining records. Periodic review of requirements and procedures. The Committee notes the procedures for recording occupational accidents and diseases established by the Labour Code and Decree No. 65-117 of 18 August 1965 establishing rules for the management of the scheme for the compensation and prevention of occupational accidents and diseases by the National Social Security Fund (Decree No. 65-117). However, the Committee observes a lack of information on recording requirements and procedures in relation to: (i) the responsibility of employers to refrain from instituting retaliatory or disciplinary measures against a worker for reporting an occupational accident, occupational disease, dangerous occurrence, commuting accident or suspected case of occupational disease (Article 3(a)(iv)); and (ii) the duration for maintaining these records (Article 3(c)). The Committee therefore requests the Government to indicate the measures taken or envisaged to give effect to Article 3(a)(iv) and (c) of the Protocol. The Committee also requests the Government to provide information on the consultations which have taken place with the social partners as regards establishing the recording and notification requirements and procedures prescribed by the Protocol, and on the periodic review of these requirements and procedures.

Article 5. Data included in the notification. The Committee notes that, under section 19 of Decree No. 65-117, the doctor concerned must draw up a medical certificate indicating the condition of the victim, the consequences of the accident or, if these are unclear, the possible aftermath. Under section 121 of the same Decree, the certificate drawn up by the employer must indicate the nature of the illness and the likely aftermath. The Committee requests the Government to indicate the measures taken or envisaged to ensure that notifications include data on the enterprise, establishment and employer, and also on the workplace, the circumstances of the accident or the dangerous occurrence and, in the case of an occupational disease, the circumstances of the exposure to health hazards.

Article 6. Annual publication of statistics. The Committee notes that the Government cites statistical information relating to occupational accidents and diseases, indicating that they originate from an annual report of the National Social Security Fund. The Committee requests the Government to provide more information on the measures taken or envisaged to publish these statistics annually, as well as the analyses thereof, indicating in particular the manner in which the annual reports of the National Social Security Fund are made public.

3.Occupational Health Services Convention, 1985 (No. 161)

The Committee notes the information provided by the Government in reply to its previous request concerning the legislation and Article 4 (consultations with the social partners), Article 9 (composition of the personnel and cooperation), Article 10 (professional independence), Article 11 (qualifications required for the personnel) and Article 12 (surveillance of workers’ health) of the Convention.

Article 5 of the Convention. Functions of occupational health services. The Committee notes the legislative provisions defining the functions of doctors in workplaces, in particular sections 235, 270, 271, 272 and 344–349 of Decree No. 2017-682/PRN/MET/PS, which correspond to the functions defined in Article 5(a), (b), (c), (e), (f), (g), (h), (i), (j) and (k) of the Convention. However, the Committee notes that, under section 1.1.2.2 of the PNSST 2017, one of the weaknesses noted in the OSH system is that occupational medical services focus exclusively on curative rather than preventive action. The Committee therefore requests the Government to indicate the measures taken or envisaged to remedy these difficulties, and to provide further information on the extent to which occupational health services perform in practice the functions defined in Article 5 of the Convention.

Article 8. Participation of employers and workers in the implementation of the organization of occupational health services. The Committee notes the Government’s indication concerning the participation of employers and workers in the activities of occupational health services in cases where an OSH committee exists in the enterprise. The Committee once again requests the Government to provide additional information on the measures taken to ensure that the employer, the workers and their representatives participate in the organization of occupational health services in enterprises or establishments with fewer than 50 workers.

B.Protection against specific risks

Guarding of Machinery Convention, 1963 (No. 119)

The Committee notes the information provided by the Government in reply to its previous request concerning the legislation and Articles 2 and 4 (prohibition on the sale, hire, transfer and exhibition of machinery) and Article 11 (prohibition on the use of machinery without guards) of the Convention.

Article 10 of the Convention. Information and instructions to be given to workers. The Committee notes that, under section 212 of Decree No. 2017-682/PRN/MET/PS, the employer is required to take all necessary steps to ensure the safety, and protect the life and health, of the workers that he employs, and also of all the workers present in the enterprise, and that these measures include information and training activities. Noting this general obligation, the Committee requests the Government to provide more detailed information on the measures taken to ensure that the employer informs the workers about the national laws or regulations relating to the guarding of machinery, about the dangers arising from the use of machinery, and about the precautions to be observed.

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

The Committee notes the information provided by the Government in reply to its previous request concerning Article 15 (appointment of a competent person or use of a competent service) and Article 16 (implementing measures and penalties) of the Convention.

Article 4(1) of the Convention. National legislation. Measures to prevent occupational hazards due to vibration. Further to its comments on the development of the legislation to give effect to Article 4 of the Convention, the Committee notes that Decree No. 2017-682/PRN/MET/PS contains requirements concerning the atmosphere in the workplace and the protection of workers against exposure to noise, but does not contain any provisions concerning occupational hazards due to vibration. The Committee therefore requests the Government to take the necessary steps to ensure that national legislation prescribe that measures shall be taken in the workplace to prevent occupational hazards due to vibration, to limit them and to protect workers against these hazards. It requests the Government to provide information on the measures taken in this regard.

Article 5(1). Consultations between the competent authority and the most representative organizations of employers and workers concerned. As regards the activities of the CTCSST, the Committee refers the Government to its comments made above in relation to Article 2(1) of Convention No. 187.

Article 8(2) and (3). Regular revision of criteria and exposure limits, and designation of technically competent persons. Further to its previous comments, the Committee notes sections 267 and 268 of Decree No. 2017-682/PRN/MET/PS, which establish the daily limit and the frequency of measurement for exposure to noise. Sections 253 and 255 of the same Decree also specify minimum values for the volume of air per person in both closed and underground premises. The Committee requests the Government to indicates the manner in which the competent authority has taken into account the opinion of technically competent persons designated by the most representative organizations of employers and workers concerned, in the elaboration of the criteria and the determination of exposure limits. The Committee also requests the Government to indicate the intervals at which revision occurs of the criteria for determining the hazards of exposure to air pollution, noise and vibration, and also the exposure limits.

Article 11(3) and (4). Provision of alternative employment or other measures to maintain income. The Committee previously requested the Government to specify the legislative or regulatory provisions relating to the provision of alternative employment for medical reasons and to the maintenance of income. The Committee notes Order No. 65/MME/DM establishing the rules for the prevention of the risk of silicosis on sites for mining research and operations, quarries and their outbuildings, with section 51 of the Order establishing the operator’s obligation to transfer workers showing early symptoms of silicosis to another sector which is free from dust, without any reduction in their pay. The Committee requests the Government to indicates the measures taken or envisaged to ensure that, where continued assignment to work involving exposure to noise or vibration is found to be medically inadvisable, every effort is made to provide the workers concerned with suitable alternative employment or to maintain their income through social security measures or otherwise.

Article 12. Notification to the competent authority. Noting the absence of provisions giving effect to this Article in Decree No. 2017-682/PRN/MET/PS, the Committee requests the Government to indicate the processes, substances, machinery and equipment involving exposure of workers to occupational hazards in the working environment due to air pollution, noise or vibration which must be notified to the competent authority. The Committee also once again requests the Government to indicate whether measures are being taken or envisaged to adopt the decrees provided for in section 140(2) of the Labour Code, which specifies, inter alia, that lists will be adopted of substances and preparations which are hazardous to workers and whose use is limited or regulated.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Legislative developments. In its report, the Government indicates that as part of the revision of the Labour Code, the regulatory part, which is being adopted, will contain provisions aimed at giving effect to the requirements of the Convention, particularly Articles 4, 9, 11(1) and (2), 12 and 15, the application of which was referred to in the Committee’s previous comment. The Committee requests the Government to continue providing information on the progress made towards adopting the regulatory part of the Labour Code, particularly the provisions giving effect to Articles 4 (measures for the prevention of occupational hazards due to air pollution, noise and vibration); 9 (prevention of hazards related to air pollution, noise and vibration by technical measures); 11(1) and (2) (free medical examinations prior to and during employment); 12 (notification of the use of processes, substances, machinery and equipment to the competent authority); and 15 (obligation of the employer to appoint a competent person or use a competent service) of the Convention and to provide a copy of the text once it has been adopted.

Article 5(1) of the Convention. Consultations between the competent authority and the most representative organizations of employers and workers concerned. Further to its previous comment, the Committee notes the Government’s indication that 18 members of the Technical Advisory Committee on Occupational Safety and Health, the tripartite body responsible for examining occupational safety and health issues, were appointed under Order No. 2619/MET/SS of 23 December 2013. It further notes that the Committee meets at the request of its Chair and that, to date, it has been convened only once in order to examine the issue of revising schedules of occupational diseases and the framework document on the national occupational safety and health policy. Moreover, the Committee notes that the Government refers to Order No. 0365 of 16 March 2012 on the establishment, remit and composition of the National Coordinating Body of Occupational Safety and Health Committees, the mandate of which is to contribute to improving the protection of the working environment and working conditions. To this end, it contributes to the establishment of a common strategy for the prevention of occupational hazards and promotes research on occupational health and safety. The Government adds that the National Coordinating Body is assisted by regional branches. Lastly, the Government indicates in its report that the social partners provide state structures, such as the Occupational Health and Safety Directorate and the labour inspectorate, with considerable support. The Committee requests the Government to continue providing information on the activities of the Technical Advisory Committee on Occupational Safety and Health and, if possible, to send a copy of any opinions relating to measures to prevent occupational hazards due to air pollution, noise and vibration. It also requests the Government to provide further information on the composition of the National Coordinating Body of Occupational Safety and Health Committees, including a copy of Order No. 3065 of 16 March 2012, and its activities relating to the prevention of occupational hazards, particularly the establishment of a common prevention strategy.

Article 8(2) and (3). Regular revision of criteria and exposure limits and designation of technically competent persons. Further to its previous comment, the Committee notes that the Government reiterates that technically competent persons are designated by the Occupational Safety and Health Directorate, in collaboration with the prevention service of the National Social Security Fund. The Committee once again recalls that, under Article 8(2) of the Convention, the competent authority shall take into account the opinion of technically competent persons designated by the most representative organizations of employers and workers. Furthermore, the Committee notes the Government’s indication that the schedules of occupational diseases have recently been revised. The Committee requests the Government to take the necessary steps to ensure compliance with the requirements of Article 8(2). It also requests the Government to indicate the manner in which criteria for determining the hazards of exposure to air pollution, noise and vibration, as well as exposure limits, are established and revised regularly.

Article 11(3). Provision of alternative employment or other measures to ensure income maintenance. In response to the Committee’s previous comment, the Government indicates that, when a worker is exposed to an occupational hazard, the labour inspector or occupational physician recommends her or his reassignment so that the worker’s new occupational capacities are taken into account and her or his income is maintained. The Committee requests the Government to indicate the provisions of the laws or regulations on providing workers with alternative employment on medical grounds and on income maintenance.

Article 16. Measures of application and penalties. With reference to its previous comment in which it noted the absence of penalties for non-observance of the legislation on silicosis-related risks in mines and quarries, the Committee notes the Government’s indication that it has no information on the adoption of a decree to this effect and that it will be sent at a later date. The Committee requests the Government to provide information on any new developments in this regard and, if adopted, to provide a copy of the decree.

Application in practice. The Committee notes the concise information provided by the Government, indicating that the Convention is applied throughout the country, in all branches of activity. The Committee once again requests the Government to provide information and statistics on the manner in which the Convention is applied in practice, including the number of workers covered by the relevant legislation, the inspections carried out, the number and nature of the violations detected, and the number, nature and causes of the occupational accidents and cases of occupational diseases reported.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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 matters raised in its previous comments.

Repetition
Articles 3 and 4 of the Convention. Legislation and protection of workers exposed to occupational hazards in the working environment due to air pollution, noise and vibration. The Committee notes the adoption of Act No. 2012-45 issuing the Labour Code. It notes that, under section 140 of the Labour Code, decrees shall be issued by the Council of Ministers after obtaining the opinion of the Advisory Technical Committee on Occupational Safety and Health with a view to determining general measures of protection and hygiene, particularly with regard to airing, ventilation, the evacuation of dust and vapours, noise and vibration. With reference to its previous comments, the Committee notes that, with the exception of risks relating to silicosis in mines and quarries, occupational risks related to air pollution, noise and vibration are not covered by any specific provisions. The Committee further notes the Government’s indication that it has accepted the obligations of the Convention for all categories of risks (air pollution, noise and vibration). The Committee requests the Government to indicate whether the decrees envisaged in section 140 of the Labour Code have been adopted and, if so, to provide copies, and to supply information on any other measures adopted or envisaged by the Government to give full effect to Article 4 of the Convention.
Article 5(1). Consultations between the competent authority and the most representative organizations of employers and workers. The Committee notes that, under the terms of section 140 of the Labour Code, the decrees respecting prevention measures for occupational risks shall be adopted after obtaining the opinion of the Technical Advisory Committee on Occupational Safety and Health, the composition and functioning of which shall be determined by decree, in accordance with section 261 of the Labour Code. According to the information provided by the Government in its report, the Committee understands that the Ministry of Labour holds annual consultations with employers’ and workers’ organizations in the context of the Technical Advisory Committee. The Committee requests the Government to provide more detailed information on the composition, method of appointment and operation of the Technical Advisory Committee on Occupational Safety and Health, to indicate whether the decree envisaged in section 261 of the Labour Code has been adopted and, if so, to provide a copy. The Government is also requested to provide information on the consultations held in the Technical Advisory Committee on Occupational Safety and Health, and the action taken as a result of these consultations.
Article 7(2). Right of workers and their representatives to present proposals, obtain information and appeal to appropriate bodies. The Committee notes that, under the terms of section 218 of the Labour Code, staff delegates may propose any relevant measures concerning hygiene, health and safety requirements and address any complaint or claim concerning the application of these requirements to the labour inspectorate, and that section 219 of the Labour Code authorizes workers to submit their claims and suggestions to the employer themselves. While noting the general provisions contained in the Labour Code, the Committee requests the Government to provide information on any specific provisions giving effect in law and practice to Article 7(2) of the Convention respecting protection against occupational risks due to air pollution, noise and vibration in the working environment.
Article 8(2) and (3). Regular revision of exposure criteria and limits and designation of technically competent persons. The Committee notes the Government’s indication that technically competent persons, whose opinions are to be taken into account by the competent authority in the elaboration of the criteria and the determination of exposure limits, are designated by the Occupational Safety and Health Directorate, in collaboration with the prevention services of the National Social Security Fund. In this regard, the Committee wishes to remind the Government that, under the terms of Article 8(2) of the Convention, technically competent persons shall be designated by the most representative organizations of employers and workers concerned. The Committee also notes Order No. 65/MME/DM of 26 August 1999 establishing rules for the prevention of risks of silicosis in workplaces engaged in mining exploration and exploitation, quarries and their subsidiaries and, particularly, sections 28 to 32 defining criteria for the definition of exposure risks to dust and establishing methods of calculating exposure limits. The Committee requests the Government to take the necessary measures in law and practice to ensure that the competent persons involved in the procedure for the elaboration of the criteria and the determination of the exposure limits are designated by the most representative organizations of employers and workers. Further noting that the criteria and exposure limits relating to risks of silicosis were adopted over ten years ago, the Committee requests the Government to provide information on the manner in which these criteria and exposure limits are supplemented and revised regularly in the light of current national and international knowledge and data, in accordance with the requirements of Article 8(3) of the Convention. Finally, the Committee requests the Government to provide information on any other measures adopted or envisaged to give full effect in law and practice to Article 8 of the Convention, particularly in relation to noise and vibration.
Article 9. Prevention of air pollution, noise and vibration by technical measures applied to new plant or processes in design or installation, or added to existing plant or processes. The Committee notes the Government’s indication that the employer is required to organize the workplace so as to ensure the safety of the workers, particularly when using techniques and new procedures. It also notes the provisions of Order No. 65/MME/DM of 26 August 1999, referred to above, respecting measures to reduce and capture dust (sections 16 to 24) and measures for the ventilation of worksites (sections 25 and 26). The Committee would be grateful if the Government would provide information on the provisions giving effect to Article 9 of the Convention in relation to risks due to noise and vibration. It also requests the Government to provide additional information on any supplementary organizational measures which may be required (Article 9(b)).
Article 11. Pre-assignment and periodical medical examinations free of charge. The Committee notes that, under the terms of section 148 of the Labour Code, decrees issued by the Council of Ministers, after obtaining the opinion of the Technical Advisory Committee on Occupational Safety and Health, shall determine the conditions under which periodical medical examinations are carried out. It also notes the specific provisions respecting the medical supervision of workers exposed to risks of silicosis in mines and quarries. The Committee requests the Government to provide further information on the specific provisions respecting the medical supervision of the state of health of workers exposed to or liable to be exposed to occupational risks due to air pollution, noise and vibration. The Government is also requested to indicate the measures taken to transfer to suitable alternative employment any worker whose continued assignment to work involving such exposure is found to be medically inadvisable, or to maintain the worker’s income.
Article 12. Use of processes, substances, machinery and equipment that is to be notified to the competent authority. The Committee notes that, according to the Government’s report, labour inspectors have to be provided with the plan of the plant and the list of the chemicals that will be used before the establishment of any enterprise. It also notes that, under the terms of section 140(2) of the Labour Code, decrees issued by the Council of Ministers, after obtaining the opinion of the Technical Advisory Committee on Occupational Safety and Health, shall determine lists of substances and preparations that are hazardous for workers, the use of which shall be limited or regulated, and lists of machines or the hazardous parts thereof, of which the manufacture, sale, import, hiring or use shall be prohibited. Finally, the Committee notes that, under section 8 of Order No. 65/MME/DM, referred to above, plant shall be subject to the prior approval of the mine administration. The Committee requests the Government to provide additional information on the specific provisions which give effect in law and practice to Article 12 of the Convention. In particular, it requests the Government to indicate whether the decrees envisaged under section 140(2) of the Labour Code have been adopted and, if so, to provide copies.
Article 15. Requirement for the employer to appoint a competent person, or to use a competent service. The Committee notes that, according to the Government’s report, the procedures under which employers are required to appoint a competent person or to use a competent outside service to deal with matters pertaining to the prevention and control of air pollution, noise and vibration at the workplace are set out in the national legislation. The Committee also notes the provisions respecting the appointment of a competent person by employers in the mines and quarries sector (section 8 of Order No. 65/MME/DM). The Committee requests the Government to provide information on any other specific provision giving effect to this Article of the Convention, particularly in relation to occupational risks due to noise and vibration.
Article 16. Enforcement measures and penalties. The Committee notes that, under the terms of section 349 of the Labour Code, employers that are in breach of provisions respecting occupational hygiene, safety and health (sections 137 to 140 of the Labour Code) shall be liable to a fine of between 200,000 and 500,000 CFA francs. It also notes that, in the mining and quarrying sector, failure to comply with rules respecting prevention, the limitation of the risk of silicosis and the protection of workers who are exposed shall be punished in accordance with section 134 of Ordinance No. 93-16 of 2 March 1993 issuing the Mining Act. Noting that this section does not establish any penalties, but refers to the adoption of a decree for this purpose, the Committee requests the Government to indicate whether such a decree has been adopted and, if so, to provide a copy.
Part V of the report form. Application of the Convention in practice. The Committee notes that the Government’s report does not contain any information on the application of the Convention in practice. The Committee therefore requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice, including statistics on the number of workers covered by the relevant legislation, if possible disaggregated by gender, and on the number and nature of the contraventions reported.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Articles 3 and 4 of the Convention. Legislation and protection of workers exposed to occupational hazards in the working environment due to air pollution, noise and vibration. The Committee notes the adoption of Act No. 2012-45 issuing the Labour Code. It notes that, under section 140 of the Labour Code, decrees shall be issued by the Council of Ministers after obtaining the opinion of the Advisory Technical Committee on Occupational Safety and Health with a view to determining general measures of protection and hygiene, particularly with regard to airing, ventilation, the evacuation of dust and vapours, noise and vibration. With reference to its previous comments, the Committee notes that, with the exception of risks relating to silicosis in mines and quarries, occupational risks related to air pollution, noise and vibration are not covered by any specific provisions. The Committee further notes the Government’s indication that it has accepted the obligations of the Convention for all categories of risks (air pollution, noise and vibration). The Committee requests the Government to indicate whether the decrees envisaged in section 140 of the Labour Code have been adopted and, if so, to provide copies, and to supply information on any other measures adopted or envisaged by the Government to give full effect to Article 4 of the Convention.

Article 5(1). Consultations between the competent authority and the most representative organizations of employers and workers. The Committee notes that, under the terms of section 140 of the Labour Code, the decrees respecting prevention measures for occupational risks shall be adopted after obtaining the opinion of the Technical Advisory Committee on Occupational Safety and Health, the composition and functioning of which shall be determined by decree, in accordance with section 261 of the Labour Code. According to the information provided by the Government in its report, the Committee understands that the Ministry of Labour holds annual consultations with employers’ and workers’ organizations in the context of the Technical Advisory Committee. The Committee requests the Government to provide more detailed information on the composition, method of appointment and operation of the Technical Advisory Committee on Occupational Safety and Health, to indicate whether the decree envisaged in section 261 of the Labour Code has been adopted and, if so, to provide a copy. The Government is also requested to provide information on the consultations held in the Technical Advisory Committee on Occupational Safety and Health, and the action taken as a result of these consultations.

Article 7(2). Right of workers and their representatives to present proposals, obtain information and appeal to appropriate bodies. The Committee notes that, under the terms of section 218 of the Labour Code, staff delegates may propose any relevant measures concerning hygiene, health and safety requirements and address any complaint or claim concerning the application of these requirements to the labour inspectorate, and that section 219 of the Labour Code authorizes workers to submit their claims and suggestions to the employer themselves. While noting the general provisions contained in the Labour Code, the Committee requests the Government to provide information on any specific provisions giving effect in law and practice to Article 7(2) of the Convention respecting protection against occupational risks due to air pollution, noise and vibration in the working environment.

Article 8(2) and (3). Regular revision of exposure criteria and limits and designation of technically competent persons. The Committee notes the Government’s indication that technically competent persons, whose opinions are to be taken into account by the competent authority in the elaboration of the criteria and the determination of exposure limits, are designated by the Occupational Safety and Health Directorate, in collaboration with the prevention services of the National Social Security Fund. In this regard, the Committee wishes to remind the Government that, under the terms of Article 8(2) of the Convention, technically competent persons shall be designated by the most representative organizations of employers and workers concerned. The Committee also notes Order No. 65/MME/DM of 26 August 1999 establishing rules for the prevention of risks of silicosis in workplaces engaged in mining exploration and exploitation, quarries and their subsidiaries and, particularly, sections 28 to 32 defining criteria for the definition of exposure risks to dust and establishing methods of calculating exposure limits. The Committee requests the Government to take the necessary measures in law and practice to ensure that the competent persons involved in the procedure for the elaboration of the criteria and the determination of the exposure limits are designated by the most representative organizations of employers and workers. Further noting that the criteria and exposure limits relating to risks of silicosis were adopted over ten years ago, the Committee requests the Government to provide information on the manner in which these criteria and exposure limits are supplemented and revised regularly in the light of current national and international knowledge and data, in accordance with the requirements of Article 8(3) of the Convention. Finally, the Committee requests the Government to provide information on any other measures adopted or envisaged to give full effect in law and practice to Article 8 of the Convention, particularly in relation to noise and vibration.

Article 9. Prevention of air pollution, noise and vibration by technical measures applied to new plant or processes in design or installation, or added to existing plant or processes. The Committee notes the Government’s indication that the employer is required to organize the workplace so as to ensure the safety of the workers, particularly when using techniques and new procedures. It also notes the provisions of Order No. 65/MME/DM of 26 August 1999, referred to above, respecting measures to reduce and capture dust (sections 16 to 24) and measures for the ventilation of worksites (sections 25 and 26). The Committee would be grateful if the Government would provide information on the provisions giving effect to Article 9 of the Convention in relation to risks due to noise and vibration. It also requests the Government to provide additional information on any supplementary organizational measures which may be required (Article 9(b)).

Article 11. Pre-assignment and periodical medical examinations free of charge. The Committee notes that, under the terms of section 148 of the Labour Code, decrees issued by the Council of Ministers, after obtaining the opinion of the Technical Advisory Committee on Occupational Safety and Health, shall determine the conditions under which periodical medical examinations are carried out. It also notes the specific provisions respecting the medical supervision of workers exposed to risks of silicosis in mines and quarries. The Committee requests the Government to provide further information on the specific provisions respecting the medical supervision of the state of health of workers exposed to or liable to be exposed to occupational risks due to air pollution, noise and vibration. The Government is also requested to indicate the measures taken to transfer to suitable alternative employment any worker whose continued assignment to work involving such exposure is found to be medically inadvisable, or to maintain the worker’s income.

Article 12. Use of processes, substances, machinery and equipment that is to be notified to the competent authority. The Committee notes that, according to the Government’s report, labour inspectors have to be provided with the plan of the plant and the list of the chemicals that will be used before the establishment of any enterprise. It also notes that, under the terms of section 140(2) of the Labour Code, decrees issued by the Council of Ministers, after obtaining the opinion of the Technical Advisory Committee on Occupational Safety and Health, shall determine lists of substances and preparations that are hazardous for workers, the use of which shall be limited or regulated, and lists of machines or the hazardous parts thereof, of which the manufacture, sale, import, hiring or use shall be prohibited. Finally, the Committee notes that, under section 8 of Order No. 65/MME/DM, referred to above, plant shall be subject to the prior approval of the mine administration. The Committee requests the Government to provide additional information on the specific provisions which give effect in law and practice to Article 12 of the Convention. In particular, it requests the Government to indicate whether the decrees envisaged under section 140(2) of the Labour Code have been adopted and, if so, to provide copies.

Article 15. Requirement for the employer to appoint a competent person, or to use a competent service. The Committee notes that, according to the Government’s report, the procedures under which employers are required to appoint a competent person or to use a competent outside service to deal with matters pertaining to the prevention and control of air pollution, noise and vibration at the workplace are set out in the national legislation. The Committee also notes the provisions respecting the appointment of a competent person by employers in the mines and quarries sector (section 8 of Order No. 65/MME/DM). The Committee requests the Government to provide information on any other specific provision giving effect to this Article of the Convention, particularly in relation to occupational risks due to noise and vibration.

Article 16. Enforcement measures and penalties. The Committee notes that, under the terms of section 349 of the Labour Code, employers that are in breach of provisions respecting occupational hygiene, safety and health (sections 137 to 140 of the Labour Code) shall be liable to a fine of between 200,000 and 500,000 CFA francs. It also notes that, in the mining and quarrying sector, failure to comply with rules respecting prevention, the limitation of the risk of silicosis and the protection of workers who are exposed shall be punished in accordance with section 134 of Ordinance No. 93-16 of 2 March 1993 issuing the Mining Act. Noting that this section does not establish any penalties, but refers to the adoption of a decree for this purpose, the Committee requests the Government to indicate whether such a decree has been adopted and, if so, to provide a copy.

Part V of the report form. Application of the Convention in practice. The Committee notes that the Government’s report does not contain any information on the application of the Convention in practice. The Committee therefore requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice, including statistics on the number of workers covered by the relevant legislation, if possible disaggregated by gender, and on the number and nature of the contraventions reported.

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition
The Committee notes the Government’s most recent report which is essentially a repetition of information previously transmitted, and which indicates that national legislation does not contain any specific provisions regarding air pollution, noise and vibration, and that no progress appears to have been made as to the draft legislation which is reportedly under development in order to give effect to the Convention. With reference to the fact that a significant period of time has passed since the Government ratified this Convention and undertook to implement it in the country, and that no progress appears to have been made in this direction, the Committee yet again urges the Government to take the necessary measures, and to submit any relevant legislation to the Committee to enable it to examine the effect given to the Convention in the country.

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

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the Government’s most recent report which is essentially a repetition of information previously transmitted, and which indicates that national legislation does not contain any specific provisions regarding air pollution, noise and vibration, and that no progress appears to have been made as to the draft legislation which is reportedly under development in order to give effect to the Convention. With reference to the fact that a significant period of time has passed since the Government ratified this Convention and undertook to implement it in the country, and that no progress appears to have been made in this direction, the Committee yet again urges the Government to take the necessary measures, and to submit any relevant legislation to the Committee to enable it to examine the effect given to the Convention in the country.

[The Government is asked to report in detail in 2012.]

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the Government’s report including a reply to the Committee’s previous direct request and the information that the Government was in the process of adjusting its legislation to correct the mistake regarding references to disciplinary and other sanctions for infringements of provisions in the Labour Code.

2. With reference to its previous comment, and the fact that national legislation does not contain any specific provisions regarding air pollution, noise and vibration, the Committee notes that it had invited the Government urgently to take measures to ensure application of the provisions of the Convention. Noting that the Government previously had indicated that the drafting of legislation intended to give effect to the Convention, was in progress, the Committee notes that, in its most recent report, the Government indicates the relevant piece of legislation had been transmitted to the Government General Secretariat for adoption at the end of 2003. The Committee urges the Government to submit the relevant legislation to enable the Committee to examine the effect given to the Convention in the country.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

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 matters raised in its previous direct request, which read as follows:

The Committee noted the Government’s report and the general report on the activities of the Advisory Labour Commission responsible for examining the draft Decree issuing the regulations under each section of the Labour Code.

The Committee noted that the International Labour Office’s technical assistance has been requested for the revision of the regulations to the Labour Code.

With a view to assessing the application by the national legislation of the provisions of the Convention, the Committee requested the Government to provide the International Labour Office with a copy of the draft Decree issuing the regulations under the Labour Code once it has become law.

The Committee noted that the available legislation does not include specific measures relating to air pollution, noise and vibration. It requested the Government to adopt such measures rapidly with a view to giving effect to the provisions of the Convention.

The Committee noted that, in the version of the Labour Code that it has available, there was a problem in the numbering of the sections, with the result that the penalties envisaged in certain sections did not correspond to the contraventions which should be set out in other provisions of the Code. It therefore drew the Government’s attention to this problem, which was undoubtedly due to the revision process, and requested it to provide explanations relating to the numbering of the sections of the Labour Code, particularly with regard to the penalties envisaged in the event of contraventions.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s report and the general report on the activities of the Advisory Labour Commission responsible for examining the draft Decree issuing the regulations under each section of the Labour Code.

The Committee notes that the International Labour Office’s technical assistance has been requested for the revision of the regulations to the Labour Code.

With a view to assessing the application by the national legislation of the provisions of the Convention, the Committee requests the Government to provide the International Labour Office with a copy of the draft Decree issuing the regulations under the Labour Code once it has become law.

The Committee notes that the available legislation does not include specific measures relating to air pollution, noise and vibration. It requests the Government to adopt such measures rapidly with a view to giving effect to the provisions of the Convention.

The Committee notes that, in the version of the Labour Code that it has available, there is a problem in the numbering of the sections, with the result that the penalties envisaged in certain sections do not correspond to the contraventions which should be set out in other provisions of the Code. It therefore draws the Government’s attention to this problem, which is undoubtedly due to the revision process, and requests it to provide explanations relating to the numbering of the sections of the Labour Code, particularly with regard to the penalties envisaged in the event of contraventions.