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Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the information in the Government’s report and the National Policy on Occupational Safety and Health 2020 (National OSH Policy 2020) referred to therein, regarding measures giving effect to Articles 5(b)–(e) (spheres of action in national policy), 14 (promotion of OSH), 19(a) (workers’ cooperation on OSH) and 19(d) (training for workers and representatives) of the Convention.
Articles 4(1) and 7 of the Convention. Periodic review of the national policy and national situation regarding occupational safety and health (OSH). Following its previous comments on measures taken for the periodic review of the national OSH policy 2006, in consultation with social partners, the Committee notes with interest the information provided by the Government regarding the revision of such policy and the adoption of the National OSH Policy 2020, in consultation with social partners and relevant stakeholders. The Committee further notes that, according to the National OSH Policy 2020, such policy shall be subject to review every three years by the Federal Ministry of Labour and Employment, in collaboration with the most representative organizations of workers and employers, other relevant stakeholders, the Tripartite–Plus group, professional bodies and practitioners. The Committee also notes that Nigeria has a national OSH profile, established in 2016 with the assistance of the ILO. The Committee requests the Government to provide information on the periodic review of the National OSH Policy 2020, in consultation with the most representative organizations of workers and employers.
Article 8. Legislation. The Committee has previously noted the Government’s indication, since 2012, that an OSH Bill was being drafted. In this regard, the Committee notes that the Government refers once again to the OSH Bill, indicating that a number of measures to implement the Convention have been taken through its provisions, and stating that a copy would be transmitted once adopted. The Committee hopes that the Government will be in a position to adopt the OSH Bill in the near future, in consultation with the representative organisations of employers and workers concerned, and requests the Government to provide a copy of the new Act, once adopted.
Article 9(2). Adequate penalties. The Committee notes that, according to paragraph 4.1.24 of the National OSH Policy 2020, the responsibilities of the Federal Ministry of Labour and Employment include the institution of mechanisms for ensuring compliance with national laws and regulations, including system of inspection, where adequate penalties should be provided for OSH violations. Noting that the OSH Bill has yet to be adopted and that existing legislation related to OSH does not apply to all categories of workers covered under the Convention, the Committee hopes that due account will be taken of Article 9(2) in its ongoing legislative developments. The Committee requests the Government to provide further information on how it gives effect to Article 9(2).
Article 11(b) and (f). Functions of the competent authority. Work processes, substances and agents the exposure to which is prohibited, limited or made subject to authorization or control. Systems to examine chemical, physical and biological agents. In response to its previous comments on measures taken to give effect to these provisions, the Government indicates that the OSH Bill will take Article 11(b) and (f) into account. The Committee also notes that, pursuant to paragraph 4.1.1 of the National OSH Policy 2020, the Federal Ministry of Labour and Employment has the function envisaged under Article 11(b). The Committee requests the Government to provide information on the implementation, in practice, of the Federal Ministry of Labour and Employment’s function under paragraph 4.1.1 of the National OSH Policy 2020. The Committee also requests the Government to provide further information on how it ensures that the competent authority progressively carries out the function of introducing or extending systems to examine chemical, physical and biological agents in respect of the risk to the health of workers, taking into account national conditions and possibilities (Article 11(f)).
Article 11(c) and (e). Notification of occupational accidents and diseases. Annual publication of information on occupational accidents, occupational diseases and other injuries to health. Application of the Convention in practice. The Committee notes that the National OSH Policy 2020 provides for the Federal Ministry of Labour and Employment to establish and apply procedures for the notification of occupational accidents and diseases by employers, appropriate insurance institutions and others directly concerned in the production of annual statistics on occupational accidents and diseases. The National OSH Policy 2020 also requires that the Federal Ministry of Labour and Employment ensure the annual publication of information regarding measures taken in pursuance of the policy, and on occupational accidents, occupational diseases and other injuries to health, which arise in the course of, or in connection with work. Nevertheless, the Committee notes that, according to the Government, there are difficulties with regard to underreporting of occupational accidents and diseases, and indicates that there is no consistent national reporting system. In this regard, the Committee notes the Government’s indication that there were 51 accidents reported between January and May 2020. The Committee requests the Government to provide information on the measures taken to improve the notification of occupational accidents and diseases, and the collection and publication of such statistics. Noting its comment under Articles 20 and 21 of the Labour Inspection Convention, 1947 (No. 81), the Committee requests the Government to continue to provide information on the number of occupational accidents and diseases reported (disaggregated by sector, age and gender) and also to provide further information on measures taken to ensure the annual publication of information on measures taken pursuant to the policy.
Article 12(c). Obligations of those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. Following its previous comments on measures giving effect to this provision, the Committee notes paragraphs 4.6 and 4.7 of the National OSH Policy 2020, define the duties of transporters and of persons or organizations who design, manufacture, import or supply any equipment, article or substance for use at work, which give effect to Article 12(a) and (b). The Committee requests the Government to indicate the measures taken to ensure that, in accordance with Article 12(c), those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use undertake studies and research or otherwise keep abreast of the scientific and technical knowledge necessary to comply with Article 12(a) and (b).
Articles 13 and 19(f). Protection of a worker from undue consequences. Removal from situations of imminent and serious danger. The Committee notes that, under the National OSH Policy 2020, workers have a duty to report forthwith to their immediate supervisor any situation that could present a hazard. The National OSH Policy also specifies that, upon report, workers are to withdraw temporarily from such hazards or undue risks considered as life-threatening, pending rectification of the situation. The Committee observes, however, that the Policy does not clearly set out whether workers who have removed themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health, shall be protected from undue consequences. The Committee requests the Government to provide further information on the measures taken to give full effect to Article 13, and the application in practice of this provision in the country. The Committee also requests the Government to provide further information on the measures taken to ensure that an employer cannot require workers to return to a work situation where there is continuing imminent and serious danger to life or health.
Article 15(1). Arrangements, after consultations with representative employers’ and workers’ organizations, to ensure the necessary coordination between various authorities and bodies. Following its previous comments on this issue, the Committee notes that the National OSH Policy 2020 requires cooperation on OSH matters between the Federal Ministry of Labour and Employment, as the central authority on OSH, and different bodies, such as relevant Ministry Departments and Agencies, national and international institutions, and organizations playing a role in OSH. The National OSH Policy 2020 also requires coordination between the Federal Ministry of Health and other bodies and stakeholders, such as stakeholders in the National Health Information Management System (NHIMS) on occupational accidents, injuries and diseases, by providing information on such cases in medical facilities nationwide. In addition, the Committee notes that, according to section 5.1 of the national OSH profile, there are several OSH enforcement bodies, including the OSH Department of the Federal Ministry of Labour and Employment, staffed mainly with factory inspectors, the OSH Division of the Federal Ministry of Health, and the Lagos State Safety Commission. The Committee requests the Government to provide further information on the application in practice of the coordination mechanisms established by the National OSH Policy 2020. The Committee further requests the Government to indicate any measures taken to ensure coordination between the different authorities that have inspection and enforcement duties on OSH.
Article 17. Cooperation between two or more undertakings engaging in activities simultaneously at one workplace. Noting that, in response to its previous request, the Government only refers to the OSH Bill, the Committee once again requests the Government to provide detailed information on measures taken to implement this provision by laws or regulations or by any other method consistent with national conditions and practice.
Article 19(b), (c) and (e). Arrangements at the level of the undertaking. Cooperation in the field of OSH. Adequate information on measures taken. Inquiry and consultation on all aspects of OSH associated with the work. The Committee notes that, pursuant to paragraph 4.4 of the National OSH Policy 2020, employers shall ensure cooperation between management, workers and their representatives on matters relating to safety and health in the workplace, and organize quarterly and bilateral meetings between management and workers’ representatives on such matters. The Committee also notes that paragraph 4.9 of the Policy provides for employers’ duty to establish safety and health committees at the level of the enterprise to facilitate the implementation of OSH policies and programmes. The Committee requests the Government to provide further information on the application in practice of the requirement to establish safety and health committees at the undertaking level. The Committee also requests the Government to provide further information on measures taken to ensure that representatives of workers are given adequate information on the measures taken by employers’ to secure OSH and also on the measures which are in place for employers to consult with representative organisations about such information, provided they do not disclose commercial secrets.
Article 21. OSH measures involving no expenditure for workers. The Committee notes the requirement in paragraph 4.4.1 of the National OSH Policy 2020, that occupational health protection and personal protective clothing and equipment, which are appropriate for the nature of the job, be provided by the employer at no cost for the workers. Noting that Article 21 extends to OSH measures in general, the Committee requests the Government to specify whether the obligation that there should be no cost for workers extends to all OSH measures.

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

Legislation. The Committee notes the Government’s indication that the new Occupational Safety and Health (OSH) Bill, to which the Government referred in its 2012 report on the application of this Convention, has not yet been adopted by the National Assembly. In this context, the Committee hopes that the Government will take into account the comments that it has made on the application of the Convention. The Committee requests the Government to continue to provide information on the developments regarding the adoption of the new Occupational Safety and Health Bill, and to transmit a copy of any new legislation once adopted.
The Committee observes that the brief information provided by the Government does not enable it to gain an overview of the application of the Convention. It wishes to emphasize that the indication that new legislation is being adopted does not release the Government from its obligation to give effect to the Convention pending the adoption of the new legislation or to respond to the Committee’s requests so that the latter has the necessary overview of the current application of the Convention. Consequently, the Committee hopes that the next report of the Government will include full information on the matters raised below.
Articles 4(1) and 7 of the Convention. Obligation to periodically review the national policy and national situation regarding occupational safety and health. The Committee previously noted that, according to section 10.0 of the National Policy on Occupational Safety and Health adopted in 2006, the competent authority shall review the policy adopted every three years in collaboration with workers’ and employers’ organizations and other relevant stakeholders. In this regard, the Committee notes the Government’s indication that the national policy on OSH has not yet been reviewed. The Committee requests the Government to provide information on the measures taken to periodically review its national policy in consultation with the most representative organizations of employers and workers concerned.
Articles 4(1), 5(b)–(e), 8, 14, 19(a)–(c) and (e)–(f). Implementation of policy in the areas of relationships between the material elements of work and the persons who carry out or supervise the work; training; communication and cooperation; protection of workers from disciplinary measures; inclusion of occupational safety and health at all levels of education and training; and arrangements made at the level of the undertaking ensuring suitable conditions for all aspects of cooperation between employers, workers, their representatives, consultations with them and their training. With reference to its previous comments and the requirements in Articles 4(1) and 8, the Committee once again requests the Government to provide detailed information on measures taken to implement these provisions by laws or regulations or by any other method consistent with national conditions and practice.
Article 11(b), (e) and (f). Functions to be carried out progressively including the determination of work processes and of substances and agents, the exposure to which is to be controlled by the competent authority; the annual publication of information on occupational accidents, occupational diseases and other injuries to health; and systems to examine chemical, physical and biological agents in respect of the risk. The Committee notes the Government’s indication that sections 40, 98 and 60(4) of the OSH Bill give effect to paragraphs (b), (e) and (f) of Article 11 of the Convention, respectively. In this regard, the Committee notes that the Government does not provide information on the content of these sections. The Committee requests the Government to provide detailed information on the manner in which the OSH Bill will implement Article 11(b), (e) and (f) of the Convention.
Article 12. Obligations of those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee notes the Government’s reference, in reply to the Committee’s previous comment, to section 52(1) and (2) of the OSH Bill, but notes that the Government does not provide information on the content of this section. The Committee requests the Government to provide detailed information on the manner in which the OSH Bill will implement this Article of the Convention.
Article 13. Protection of a worker from undue consequences. Noting that the Government refers to provisions of the OSH Bill which empower the minister to make regulations, the Committee requests the Government to provide detailed information on measures taken to implement this Article by laws or regulations or by any other method consistent with national conditions and practice.
Article 15. Arrangements, made after consultations with representative employers’ and workers’ organizations, to ensure the necessary coordination between various authorities and bodies making activities within the OSH policy at the national level. The Committee notes the Government’s indication that collaboration exists with the National Industrial Safety Council of Nigeria (NISCN). The Government also refers to section 5 of the OSH Bill, but does not provide information on the content of this section. The Committee requests the Government to provide further information on existing and envisaged coordination and cooperation mechanisms to ensure the required coherence of the national policy referred to in Article 4.
Article 17. Cooperation between two or more undertakings engaging in activities simultaneously at one workplace. The Committee once again requests the Government to provide detailed information on measures taken to implement this provision by laws or regulations or by any other method consistent with national conditions and practice.
Article 19(d). Appropriate training in OSH for workers and their representatives in the undertaking. The Committee previously noted the Government’s indication that the specific training programmes carried out by the NISCN include workshops on: occupational safety and health awareness; industrial accident and disease prevention training; confined space safety training; fire prevention and control training; and first-aid training, but that no further information was provided on measures taken to ensure training at the level of the undertaking. The Committee notes the Government’s reference in reply to the Committee’s request to section 29(2) of the OSH Bill but notes that the Government does not provide information on the content of this section. The Committee requests the Government to provide further information on measures taken to ensure there are arrangements at the level of the undertaking under which workers and their representatives in the undertaking are given appropriate training in occupational safety and health.
Application in practice. The Committee notes the information provided by the Government according to which 2,100,000 workers are covered by the legislation giving effect to the Convention, with contraventions to the legislation including unguarded mechanical traps, poorly kept hygiene facilities, poorly stocked first-aid kits, inadequate ventilation, exposure to dust and fumes, fires and chemical explosions. It also notes that 260 occupational accidents were recorded and the causes included machine traps, chemical reactions, worker behaviour and environmental hazards. The Committee requests the Government to provide further information on the manner in which the Convention is applied in the country, and where such statistics exist, information on the number and nature of the contraventions reported, the number, nature and cause of the accidents and diseases reported, etc.

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
Legislation. The Committee notes the information that a new Occupational Safety and Health Bill (OSH Bill) is before the National Assembly. The Committee hopes that the new legislation that is being developed will serve to implement the National Policy on Occupational Safety and Health of 2006 in all relevant parts in full conformity with the Convention and requests the Government to transmit a copy of this new legislation, once it has been adopted.
Article 1 of the Convention. Scope. The Committee notes that, in response to its previous comment the Government refers to the National Policy, the draft OSH Bill and sections 49 and 87 of the Factories Act CAP F1 LFN 2004. The Committee notes that the referenced provisions of the Factories Act only create an entitlement for the competent authorities to legislate, but do not ensure a full implementation of Article 1. The Committee requests the Government to provide detailed information on the provisions of the draft OSH Bill implementing this Article of the Convention.
Articles 4(1) and 7. Obligation to periodically review the national policy and national situation regarding occupational safety and health. The Committee notes that, according to section 10.0 of the National Policy adopted in 2006, the competent authority shall review the policy adopted every three years in collaboration with workers’ and employers’ organizations and other relevant stakeholders. It also notes that in its response in relation to the application of Article 7, the Government refers to the draft OSH Bill that is being developed. The Committee requests the Government to provide further information on the reviews carried out of the national policy since its adoption, on the methods used or envisaged to be used for reviewing the situation regarding occupational safety and health, and on any modifications adopted to the national policy as a result of the review processes.
Articles 4(1), 5(b)–(e), 8, 14, 19(a)–(c) and (e)–(f). Implementation of policy in the areas of relationships between the material elements of work and the persons who carry out or supervise the work; training; communication and cooperation; protection of workers from disciplinary measures; inclusion of occupational safety and health at all levels of education and training; and arrangements made at the level of the undertaking ensuring suitable conditions for all aspects of cooperation between employers, workers, their representatives, consultations with them and their training. The Committee notes the brief statement by the Government that these issues are covered by the national policy. With reference to its previous comments and the requirements in Articles 4(1) and 8, the Committee requests the Government to provide detailed information on measures taken to implement these provisions by laws or regulations or by any other method consistent with national conditions and practice.
Article 11(b), (e) and (f). Functions to be carried out progressively including the determination of work processes and of substances and agents, the exposure to which is to be controlled by the competent authority; the annual publication of information on occupational accidents, occupational diseases and other injuries to health; and systems to examine chemical, physical and biological agents in respect of the risk. The Committee notes that the report is silent on the application of these provisions but that in its previous reports, the Government indicated that the OSH Bill included provisions ensuring the carrying out of functions enumerated in the indicated subparagraphs of Article 11. The Committee requests the Government to provide detailed information on the provisions of the draft OSH Bill implementing Article 11(b), (e) and (f) of the Convention.
Article 12. Obligations of those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee notes the Government’s reference to the OSH Bill in response to its previous comments. The Committee requests the Government to provide detailed information on the provisions of the draft OSH Bill implementing this Article of the Convention.
Article 13. Protection from undue consequences of a worker. The Committee notes that the report is silent on as regards the application of the present provision. The Committee requests the Government to provide detailed information on measures taken to implement this provision by laws or regulations or by any other method consistent with national conditions and practice.
Article 15. Arrangements, made after consultations with representative employers’ and workers’ organizations, to ensure the necessary coordination between various authorities and bodies making activities within the OSH policy at the national level. The Committee notes the brief response by the Government that coordination and consultation started from the very beginning of the activities. In this context, the Committee would like to recall that the need also to ensure a proper coordination with the authorities responsible for activities under the Minerals and Mining Act, 1999. The Committee requests the Government to provide further information on existing and envisaged coordination and cooperation mechanisms to ensuring the required coherence of the national policy referred to in Article 4.
Article 17. Cooperation between two or more undertakings engaging in activities simultaneously at one workplace. The Committee notes the absence of information regarding the implementation of the present provision of the Convention. The Committee requests the Government to provide detailed information on measures taken to implement this provision by laws or regulations or by any other method consistent with national conditions and practice.
Article 19(d). Appropriate training in OSH for workers and their representatives in the undertaking. The Committee notes the response by the Government that the specific training programmes carried out by the National Industry Safety Council of Nigeria include workshops on: occupational safety and health awareness; industrial accident and disease prevention training; confined space safety training; fire prevention and control training; and first-aid training but that no further information is provided on measures taken to ensure training at the level of the undertakings. The Committee requests the Government to provide further information on measures taken to ensure there are arrangements at the level of the undertaking under which workers and their representatives in the undertaking are given appropriate training in occupational safety and health.
Part V of the report form. Application in practice. The Government is requested to give a general appreciation of the manner in which the Convention in applied in the country, and attach extracts from inspection reports and, where such statistics exist, information on the number of workers covered by legislation, the number and nature of the contraventions reported, the number, nature, and cause of the accidents reported, etc.

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

With reference to its observation, the Committee requests the Government to provide information on the following additional points:
Legislation. The Committee notes the information that a new Occupational Safety and Health Bill (OSH Bill) is before the National Assembly. The Committee hopes that the new legislation that is being developed will serve to implement the national policy in all relevant parts in full conformity with the Convention and requests the Government to transmit a copy of this new legislation, once it has been adopted.
Article 1 of the Convention. Scope. The Committee notes that, in response to its previous comment the Government refers to the National Policy, the draft OSH Bill and sections 49 and 87 of the Factories Act CAP F1 LFN 2004. The Committee notes that the referenced provisions of the Factories Act only create an entitlement for the competent authorities to legislate, but do not ensure a full implementation of Article 1. The Committee requests the Government to provide detailed information on the provisions of the draft OSH Bill implementing this Article of the Convention.
Articles 4(1) and 7. Obligation to periodically review the national policy and national situation regarding occupational safety and health. The Committee notes that, according to section 10.0 of the National Policy adopted in 2006, the competent authority shall review the policy adopted every three years in collaboration with workers’ and employers’ organizations and other relevant stakeholders. It also notes that in its response in relation to the application of Article 7, the Government refers to the draft OSH Bill that is being developed. The Committee requests the Government to provide further information on the reviews carried out of the national policy since its adoption, on the methods used or envisaged to be used for reviewing the situation regarding occupational safety and health, and on any modifications adopted to the national policy as a result of the review processes.
Articles 4(1), 5(b)–(e), 8, 14, 19(a)–(c) and (e)–(f). Implementation of policy in the areas of relationships between the material elements of work and the persons who carry out or supervise the work; training; communication and cooperation; protection of workers from disciplinary measures; inclusion of occupational safety and health at all levels of education and training; and arrangements made at the level of the undertaking ensuring suitable conditions for all aspects of cooperation between employers, workers, their representatives, consultations with them and their training. The Committee notes the brief statement by the Government that these issues are covered by the national policy. With reference to its previous comments and the requirements in Articles 4(1) and 8, the Committee requests the Government to provide detailed information on measures taken to implement these provisions by laws or regulations or by any other method consistent with national conditions and practice.
Article 11(b), (e) and (f). Functions to be carried out progressively including the determination of work processes and of substances and agents, the exposure to which is to be controlled by the competent authority; the annual publication of information on occupational accidents, occupational diseases and other injuries to health; and systems to examine chemical, physical and biological agents in respect of the risk. The Committee notes that the report is silent on the application of these provisions but that in its previous reports, the Government indicated that the OSH Bill included provisions ensuring the carrying out of functions enumerated in the indicated subparagraphs of Article 11. The Committee requests the Government to provide detailed information on the provisions of the draft OSH Bill implementing Article 11(b), (e) and (f) of the Convention.
Article 12. Obligations of those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee notes the Government’s reference to the OSH Bill in response to its previous comments. The Committee requests the Government to provide detailed information on the provisions of the draft OSH Bill implementing this Article of the Convention.
Article 13. Protection from undue consequences of a worker. The Committee notes that the report is silent on as regards the application of the present provision. The Committee requests the Government to provide detailed information on measures taken to implement this provision by laws or regulations or by any other method consistent with national conditions and practice.
Article 15. Arrangements, made after consultations with representative employers’ and workers’ organizations, to ensure the necessary coordination between various authorities and bodies making activities within the OSH policy at the national level. The Committee notes the brief response by the Government that coordination and consultation started from the very beginning of the activities. In this context, the Committee would like to recall that the need also to ensure a proper coordination with the authorities responsible for activities under the Minerals and Mining Act, 1999. The Committee requests the Government to provide further information on existing and envisaged coordination and cooperation mechanisms to ensuring the required coherence of the national policy referred to in Article 4.
Article 17. Cooperation between two or more undertakings engaging in activities simultaneously at one workplace. The Committee notes the absence of information regarding the implementation of the present provision of the Convention. The Committee requests the Government to provide detailed information on measures taken to implement this provision by laws or regulations or by any other method consistent with national conditions and practice.
Article 19(d). Appropriate training in OSH for workers and their representatives in the undertaking. The Committee notes the response by the Government that the specific training programmes carried out by the National Industry Safety Council of Nigeria include workshops on: occupational safety and health awareness; industrial accident and disease prevention training; confined space safety training; fire prevention and control training; and first-aid training but that no further information is provided on measures taken to ensure training at the level of the undertakings. The Committee requests the Government to provide further information on measures taken to ensure there are arrangements at the level of the undertaking under which workers and their representatives in the undertaking are given appropriate training in occupational safety and health.
Part V of the report form. Application in practice. The Government is requested to give a general appreciation of the manner in which the Convention in applied in the country, and attach extracts from inspection reports and, where such statistics exist, information on the number of workers covered by legislation, the number and nature of the contraventions reported, the number, nature, and cause of the accidents reported, etc.

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

Article 4 of the Convention. Formulation, implementation and periodic review of national policy, in consultation with the social partners. The Committee notes with satisfaction the adoption of a National Policy on Occupational Safety and Health on 22 November 2006, attached to the Government’s report which, according to the indications provided, was developed in close consultation with all relevant stakeholders and with the technical and financial assistance of the ILO, and which gives partial effect to Article 4(1) of the Convention.
The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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:
Repetition
Article 1 of the Convention. Scope of the application of the Convention. The Committee notes that the Federal Ministry of Solid Minerals Development operates the Minerals and Mining Act, 1999 Part XIII of this Act covers accidents in mines. It also notes that a draft National Occupational Safety and Health (OSH) Policy of the Federal Ministry of Labour covers all workplaces. The Committee again requests the Government to provide particulars on and copies of other legislation implementing the provisions of the Convention for workers in offices, shops, works of engineering construction.
Article 4. Obligation to formulate, implement and periodically review a coherent national policy on occupational safety, occupational health and the working environment. Further to its previous comments, the Committee notes that the draft national OSH policy was forwarded to the Federal Executive Council for necessary action and since then there is no development. The Committee hopes that this draft will soon be adopted and requests the Government to indicate the manner in which the most representative organizations of employers and workers were consulted. The Government is requested to communicate a copy of the policy document when adopted.
Article 5(b). Relationships between the material elements of work and the persons who carry out or supervise the work as the main sphere taken into account by the OSH policy. The Committee notes the statement of the Government according to which article 6.1(b) of the draft National OSH Policy that covers inter-relationship between the material elements of work, the worker, his/her supervisor, person-machine adaptation, working time, rest period, organization of work, work processes and work processes to the physical and mental capacities of the workers. The Government is requested to supply a copy of this text as soon as the draft National OSH Policy has been adopted.
Article 5(d). Communication and cooperation at the levels of the working group and the undertaking and at all other appropriate levels as the main sphere taken into account by the OSH policy. The Committee notes the Government’s reference to a strategy, provided by the draft National OSH Policy, ensuring: (i) communication and cooperation between the shop-floor and the management; (ii) tripartite consultation and collaboration; and (iii) multidisciplinary and multi-sectoral participation and collaboration across the Nigerian economy. The Committee hopes that the Government will soon be able to supply a copy of relevant provisions of the National OSH Policy giving effect to this provision of the Convention.
Article 5(e). The protection of workers and their representatives from disciplinary measures as a result of actions properly taken by them. The Committee notes that the Government’s report contains no information in reply to its previous comments and requests the Government to indicate the extent to which the National Occupational Safety and Health Policy gives effect to this provision of the Convention.
Article 7. Review at appropriate intervals the situation regarding occupational safety and health and the working environment. The Committee notes that the National Labour Advisory Council, which is a tripartite body, is currently reviewing the Factories Act CAP126, 1990 known as the draft OSH Act. The Committee therefore hopes that the Government will keep it informed of the results of this exercise.
Article 11(b), (e) and (f). Functions to be carried out, namely, the determination of work processes and of substances and agents, the exposure to which is to be controlled by the competent authority; the annual publication of information on occupational accidents, occupational diseases and other injuries to health; systems to examine chemical, physical and biological agents in respect of the risk. The Committee notes the Government’s reference to the draft OSH Act which includes provisions ensuring the carrying out of functions enumerated in the indicated subparagraphs and requests the Government to indicate the extent to which the competent authority or authorities ensure that the functions enumerated in the mentioned provisions are progressively carried out on the basis of the draft OSH Act.
Article 12. Measures to make available information and undertake studies concerning the correct installation and use of equipment and the correct use of substances. The Committee notes the Government’s reference to the additional measures envisaged in the draft OSH Act in order to ensure that persons who design, manufacture, import, provide or transfer equipment or substances for occupational use meet the requirements of subparagraphs (b) and (c) of this Article. It requests the Government to supply a copy of the relevant provisions of the mentioned legal text.
Article 13. Protection from undue consequences of a worker who has removed himself from a work situation which he has reasonable justification to believe presents an imminent and serious danger to his life or health. The Committee notes that the provision contained in section 61(2) of the Factories Act CAP126, 1990, to which the Government makes reference in its report, is too general in obliging a person employed in a factory to do everything in a safe manner. The Government is requested to indicate other provisions whereby a worker who has removed himself from a work situation which he/she has reasonable justification to believe presents an imminent and serious danger to his life or health shall be protected from undue consequences.
Article 14. Measures to include OSH questions into educational and training programme of all levels. The Committee notes from the Government’s report that no significant measures have been taken to give effect to this Article. It expresses the hope that such measures will be adopted in the near future. The Government is requested to provide information about any actions undertaken with a view to promoting, in a manner appropriate to national conditions and practice, the inclusion of questions of occupational safety and health and the working environment at all levels of education and training, including higher technical, medical and professional education, in a manner meeting the training needs of all workers.
Article 15. Arrangements, made after consultations with representative employers’ and workers’ organizations, to ensure the necessary coordination between various authorities and bodies making activities within the OSH policy at the national level. With reference to the Committee’s previous comments, the Government indicates that consultations take place in accordance with arrangements put in place with representative organizations of employers and workers at the earliest stage. The Government is requested to indicate what arrangements have been made to ensure the necessary coordination between the various authorities and bodies called upon to give effect to the Convention, and at what stage the most representative organizations of employers and workers were consulted about these arrangements.
Article 19(a)–(c) and (e)–(f). Arrangements made at the level of the undertaking ensuring suitable conditions for all aspects of cooperation between employers, workers, their representatives, consultations with them and their training. The Committee notes that every management of industrial enterprises most have an OSH policy in line with the draft OSH Act. The Committee hopes that the Government will soon communicate a copy of the abovementioned draft.
Article 19(d). Appropriate training in OSH for workers and their representatives in the undertaking. The Committee notes that the National Industry Safety Council of Nigeria conducts training in all areas of OSH for all industrial workers. The Committee requests the Government to provide examples of specific training programmes carried out on this regard.

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

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 direct request, which read as follows:

Article 1 of the Convention. Scope of the application of the Convention. The Committee notes that the Federal Ministry of Solid Minerals Development operates the Minerals and Mining Act, 1999 Part XIII of this Act covers accidents in mines. It also notes that a draft National Occupational Safety and Health (OSH) Policy of the Federal Ministry of Labour covers all workplaces. The Committee again requests the Government to provide particulars on and copies of other legislation implementing the provisions of the Convention for workers in offices, shops, works of engineering construction.

Article 4. Obligation to formulate, implement and periodically review a coherent national policy on occupational safety, occupational health and the working environment. Further to its previous comments, the Committee notes that the draft national OSH policy was forwarded to the Federal Executive Council for necessary action and since then there is no development. The Committee hopes that this draft will soon be adopted and requests the Government to indicate the manner in which the most representative organizations of employers and workers were consulted. The Government is requested to communicate a copy of the policy document when adopted.

Article 5(b). Relationships between the material elements of work and the persons who carry out or supervise the work as the main sphere taken into account by the OSH policy. The Committee notes the statement of the Government according to which article 6.1(b) of the draft National OSH Policy that covers inter-relationship between the material elements of work, the worker, his/her supervisor, person-machine adaptation, working time, rest period, organization of work, work processes and work processes to the physical and mental capacities of the workers. The Government is requested to supply a copy of this text as soon as the draft National OSH Policy has been adopted.

Article 5(d). Communication and cooperation at the levels of the working group and the undertaking and at all other appropriate levels as the main sphere taken into account by the OSH policy. The Committee notes the Government’s reference to a strategy, provided by the draft National OSH Policy, ensuring: (i) communication and cooperation between the shop-floor and the management; (ii) tripartite consultation and collaboration; and (iii) multidisciplinary and multi-sectoral participation and collaboration across the Nigerian economy. The Committee hopes that the Government will soon be able to supply a copy of relevant provisions of the National OSH Policy giving effect to this provision of the Convention.

Article 5(e). The protection of workers and their representatives from disciplinary measures as a result of actions properly taken by them. The Committee notes that the Government’s report contains no information in reply to its previous comments and requests the Government to indicate the extent to which the National Occupational Safety and Health Policy gives effect to this provision of the Convention.

Article 7. Review at appropriate intervals the situation regarding occupational safety and health and the working environment. The Committee notes that the National Labour Advisory Council, which is a tripartite body, is currently reviewing the Factories Act CAP126, 1990 known as Draft OSH Act. The Committee therefore hopes that the Government will keep it informed of the results of this exercise.

Article 11(b), (e) and (f). Functions to be carried out, namely, the determination of work processes and of substances and agents, the exposure to which is to be controlled by the competent authority; the annual publication of information on occupational accidents, occupational diseases and other injuries to health; systems to examine chemical, physical and biological agents in respect of the risk. The Committee notes the Government’s reference to the Draft OSH Act which includes provisions ensuring the carrying out of functions enumerated in the indicated subparagraphs and requests the Government to indicate the extent to which the competent authority or authorities ensure that the functions enumerated in the mentioned provisions are progressively carried out on the basis of the Draft OSH Act.

Article 12. Measures to make available information and undertake studies concerning the correct installation and use of equipment and the correct use of substances. The Committee notes the Government’s reference to the additional measures envisaged in the Draft OSH Act in order to ensure that persons who design, manufacture, import, provide or transfer equipment or substances for occupational use meet the requirements of subparagraphs (b) and (c) of this Article. It requests the Government to supply a copy of the relevant provisions of the mentioned legal text.

Article 13. Protection from undue consequences of a worker who has removed himself from a work situation which he has reasonable justification to believe presents an imminent and serious danger to his life or health. The Committee notes that the provision contained in section 61(2) of the Factories Act CAP126, 1990, to which the Government makes reference in its report, is too general in obliging a person employed in a factory to do everything in a safe manner. The Government is requested to indicate other provisions whereby a worker who has removed himself from a work situation which he/she has reasonable justification to believe presents an imminent and serious danger to his life or health shall be protected from undue consequences.

Article 14. Measures to include OSH questions into educational and training programme of all levels. The Committee notes from the Government’s report that no significant measures have been taken to give effect to this Article. It expresses the hope that such measures will be adopted in the near future. The Government is requested to provide information about any actions undertaken with a view to promoting, in a manner appropriate to national conditions and practice, the inclusion of questions of occupational safety and health and the working environment at all levels of education and training, including higher technical, medical and professional education, in a manner meeting the training needs of all workers.

Article 15. Arrangements, made after consultations with representative employers’ and workers’ organizations, to ensure the necessary coordination between various authorities and bodies making activities within the OSH policy at the national level. With reference to the Committee’s previous comments, the Government indicates that consultations take place in accordance with arrangements put in place with representative organizations of employers and workers at the earliest stage. The Government is requested to indicate what arrangements have been made to ensure the necessary coordination between the various authorities and bodies called upon to give effect to the Convention, and at what stage the most representative organizations of employers and workers were consulted about these arrangements.

Article 19(a)–(c) and (e)–(f). Arrangements made at the level of the undertaking ensuring suitable conditions for all aspects of cooperation between employers, workers, their representatives, consultations with them and their training. The Committee notes that every management of industrial enterprises most have an OSH policy in line with the draft OSH Act. The Committee hopes that the Government will soon communicate a copy of the abovementioned draft.

Article 19(d). Appropriate training in OSH for workers and their representatives in the undertaking. The Committee notes that the National Industry Safety Council of Nigeria conducts training in all areas of OSH for all industrial workers. The Committee requests the Government to provide examples of specific training programmes carried out on this regard.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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 direct request, which read as follows:

Article 1 of the Convention. Scope of the application of the Convention. The Committee notes that the Federal Ministry of Solid Minerals Development operates the Minerals and Mining Act, 1999 Part XIII of this Act covers accidents in mines. It also notes that a draft National Occupational Safety and Health (OSH) Policy of the Federal Ministry of Labour covers all workplaces. The Committee again requests the Government to provide particulars on and copies of other legislation implementing the provisions of the Convention for workers in offices, shops, works of engineering construction.

Article 4. Obligation to formulate, implement and periodically review a coherent national policy on occupational safety, occupational health and the working environment. Further to its previous comments, the Committee notes that the draft national OSH policy was forwarded to the Federal Executive Council for necessary action and since then there is no development. The Committee hopes that this draft will soon be adopted and requests the Government to indicate the manner in which the most representative organizations of employers and workers were consulted. The Government is requested to communicate a copy of the policy document when adopted.

Article 5, subparagraph (b). Relationships between the material elements of work and the persons who carry out or supervise the work as the main sphere taken into account by the OSH policy. The Committee notes the statement of the Government according to which article 6.1(b) of the draft National OSH Policy that covers inter-relationship between the material elements of work, the worker, his/her supervisor, person-machine adaptation, working time, rest period, organization of work, work processes and work processes to the physical and mental capacities of the workers. The Government is requested to supply a copy of this text as soon as the draft National OSH Policy has been adopted.

Article 5, subparagraph (d). Communication and cooperation at the levels of the working group and the undertaking and at all other appropriate levels as the main sphere taken into account by the OSH policy. The Committee notes the Government’s reference to a strategy, provided by the draft National OSH Policy, ensuring: (i) communication and cooperation between the shop-floor and the management; (ii) tripartite consultation and collaboration; and (iii) multidisciplinary and multi-sectoral participation and collaboration across the Nigerian economy. The Committee hopes that the Government will soon be able to supply a copy of relevant provisions of the National OSH Policy giving effect to this provision of the Convention.

Article 5, subparagraph (e). The protection of workers and their representatives from disciplinary measures as a result of actions properly taken by them. The Committee notes that the Government’s report contains no information in reply to its previous comments and requests the Government to indicate the extent to which the National Occupational Safety and Health Policy gives effect to this provision of the Convention.

Article 7. Review at appropriate intervals the situation regarding occupational safety and health and the working environment. The Committee notes that the National Labour Advisory Council, which is a tripartite body, is currently reviewing the Factories Act CAP126, 1990 known as Draft OSH Act. The Committee therefore hopes that the Government will keep it informed of the results of this exercise.

Article 11, subparagraphs (b), (e) and (f). Functions to be carried out, namely, the determination of work processes and of substances and agents, the exposure to which is to be controlled by the competent authority; the annual publication of information on occupational accidents, occupational diseases and other injuries to health; systems to examine chemical, physical and biological agents in respect of the risk. The Committee notes the Government’s reference to the Draft OSH Act which includes provisions ensuring the carrying out of functions enumerated in the indicated subparagraphs and requests the Government to indicate the extent to which the competent authority or authorities ensure that the functions enumerated in the mentioned provisions are progressively carried out on the basis of the Draft OSH Act.

Article 12. Measures to make available information and undertake studies concerning the correct installation and use of equipment and the correct use of substances. The Committee notes the Government’s reference to the additional measures envisaged in the Draft OSH Act in order to ensure that persons who design, manufacture, import, provide or transfer equipment or substances for occupational use meet the requirements of subparagraphs (b) and (c) of this Article. It requests the Government to supply a copy of the relevant provisions of the mentioned legal text.

Article 13. Protection from undue consequences of a worker who has removed himself from a work situation which he has reasonable justification to believe presents an imminent and serious danger to his life or health. The Committee notes that the provision contained in section 61(2) of the Factories Act CAP126, 1990, to which the Government makes reference in its report, is too general in obliging a person employed in a factory to do everything in a safe manner. The Government is requested to indicate other provisions whereby a worker who has removed himself from a work situation which he/she has reasonable justification to believe presents an imminent and serious danger to his life or health shall be protected from undue consequences.

Article 14. Measures to include OSH questions into educational and training programme of all levels. The Committee notes from the Government’s report that no significant measures have been taken to give effect to this Article. It expresses the hope that such measures will be adopted in the near future. The Government is requested to provide information about any actions undertaken with a view to promoting, in a manner appropriate to national conditions and practice, the inclusion of questions of occupational safety and health and the working environment at all levels of education and training, including higher technical, medical and professional education, in a manner meeting the training needs of all workers.

Article 15. Arrangements, made after consultations with representative employers’ and workers’ organizations, to ensure the necessary coordination between various authorities and bodies making activities within the OSH policy at the national level. With reference to the Committee’s previous comments, the Government indicates that consultations take place in accordance with arrangements put in place with representative organizations of employers and workers at the earliest stage. The Government is requested to indicate what arrangements have been made to ensure the necessary coordination between the various authorities and bodies called upon to give effect to the Convention, and at what stage the most representative organizations of employers and workers were consulted about these arrangements.

Article 19, subparagraphs (a) to(c ),(e ) and (f). Arrangements made at the level of the undertaking ensuring suitable conditions for all aspects of cooperation between employers, workers, their representatives, consultations with them and their training. The Committee notes that every management of industrial enterprises most have an OSH policy in line with the draft OSH Act. The Committee hopes that the Government will soon communicate a copy of the abovementioned draft.

Article 19, subparagraph (d). Appropriate training in OSH for workers and their representatives in the undertaking. The Committee notes that the National Industry Safety Council of Nigeria conducts training in all areas of OSH for all industrial workers. The Committee requests the Government to provide examples of specific training programmes carried out on this regard.

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

The Committee takes note of the information supplied by the Government in its latest report.

Article 1 of the Convention. Scope of the application of the Convention. The Committee notes that the Federal Ministry of Solid Minerals Development operates the Minerals and Mining Act, 1999 Part XIII of this Act covers accidents in mines. It also notes that a draft National Occupational Safety and Health (OSH) Policy of the Federal Ministry of Labour covers all workplaces. The Committee again requests the Government to provide particulars on and copies of other legislation implementing the provisions of the Convention for workers in offices, shops, works of engineering construction.

Article 4. Obligation to formulate, implement and periodically review a coherent national policy on occupational safety, occupational health and the working environment. Further to its previous comments, the Committee notes that the draft national OSH policy was forwarded to the Federal Executive Council for necessary action and since then there is no development. The Committee hopes that this draft will soon be adopted and requests the Government to indicate the manner in which the most representative organizations of employers and workers were consulted. The Government is requested to communicate a copy of the policy document when adopted.

Article 5(b). Relationships between the material elements of work and the persons who carry out or supervise the work as the main sphere taken into account by the OSH policy. The Committee notes the statement of the Government according to which article 6.1(b) of the draft National OSH Policy that covers inter-relationship between the material elements of work, the worker, his/her supervisor, person-machine adaptation, working time, rest period, organization of work, work processes and work processes to the physical and mental capacities of the workers. The Government is requested to supply a copy of this text as soon as the draft National OSH Policy has been adopted.

Article 5(d). Communication and cooperation at the levels of the working group and the undertaking and at all other appropriate levels as the main sphere taken into account by the OSH policy. The Committee notes the Government’s reference to a strategy, provided by the draft National OSH Policy, ensuring: (i) communication and cooperation between the shop-floor and the management; (ii) tripartite consultation and collaboration; and (iii) multidisciplinary and multi-sectoral participation and collaboration across the Nigerian economy. The Committee hopes that the Government will soon be able to supply a copy of relevant provisions of the National OSH Policy giving effect to this provision of the Convention.

Article 5(e). The protection of workers and their representatives from disciplinary measures as a result of actions properly taken by them. The Committee notes that the Government’s report contains no information in reply to its previous comments and requests the Government to indicate the extent to which the National Occupational Safety and Health Policy gives effect to this provision of the Convention.

Article 7. Review at appropriate intervals the situation regarding occupational safety and health and the working environment. The Committee notes that the National Labour Advisory Council, which is a tripartite body, is currently reviewing the Factories Act CAP126, 1990 known as Draft OSH Act. The Committee therefore hopes that the Government will keep it informed of the results of this exercise.

Article 11(b), (e) and (f). Functions to be carried out, namely, the determination of work processes and of substances and agents, the exposure to which is to be controlled by the competent authority; the annual publication of information on occupational accidents, occupational diseases and other injuries to health; systems to examine chemical, physical and biological agents in respect of the risk. The Committee notes the Government’s reference to the Draft OSH Act which includes provisions ensuring the carrying out of functions enumerated in the indicated subparagraphs and requests the Government to indicate the extent to which the competent authority or authorities ensure that the functions enumerated in the mentioned provisions are progressively carried out on the basis of the Draft OSH Act.

Article 12. Measures to make available information and undertake studies concerning the correct installation and use of equipment and the correct use of substances. The Committee notes the Government’s reference to the additional measures envisaged in the Draft OSH Act in order to ensure that persons who design, manufacture, import, provide or transfer equipment or substances for occupational use meet the requirements of paragraphs (b) and (c) of this Article. It requests the Government to supply a copy of the relevant provisions of the mentioned legal text.

Article 13. Protection from undue consequences of a worker who has removed himself from a work situation which he has reasonable justification to believe presents an imminent and serious danger to his life or health. The Committee notes that the provision contained in section 61(2) of the Factories Act CAP126, 1990, to which the Government makes reference in its report, is too general in obliging a person employed in a factory to do everything in a safe manner. The Government is requested to indicate other provisions whereby a worker who has removed himself from a work situation which he/she has reasonable justification to believe presents an imminent and serious danger to his life or health shall be protected from undue consequences.

Article 14. Measures to include OSH questions into educational and training programme of all levels. The Committee notes from the Government’s report that no significant measures have been taken to give effect to this Article. It expresses the hope that such measures will be adopted in the near future. The Government is requested to provide information about any actions undertaken with a view to promoting, in a manner appropriate to national conditions and practice, the inclusion of questions of occupational safety and health and the working environment at all levels of education and training, including higher technical, medical and professional education, in a manner meeting the training needs of all workers.

Article 15. Arrangements, made after consultations with representative employers’ and workers’ organizations, to ensure the necessary coordination between various authorities and bodies making activities within the OSH policy at the national level. With reference to the Committee’s previous comments, the Government indicates that consultations take place in accordance with arrangements put in place with representative organizations of employers and workers at the earliest stage. The Government is requested to indicate what arrangements have been made to ensure the necessary coordination between the various authorities and bodies called upon to give effect to the Convention, and at what stage the most representative organizations of employers and workers were consulted about these arrangements.

Article 19(a) to (c), (e) and (f). Arrangements made at the level of the undertaking ensuring suitable conditions for all aspects of cooperation between employers, workers, their representatives, consultations with them and their training. The Committee notes that every management of industrial enterprises most have an OSH policy in line with the draft OSH Act. The Committee hopes that the Government will soon communicate a copy of the abovementioned draft.

Article 19(d). Appropriate training in OSH for workers and their representatives in the undertaking. The Committee notes that the National Industry Safety Council of Nigeria conducts training in all areas of OSH for all industrial workers. The Committee requests the Government to provide examples of specific training programmes carried out on this regard.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

Further to its previous comments, the Committee notes the Government's report and the information contained therein. The Committee requests the Government to provide clarifications concerning the following points:

1. Article 1 of the Convention. The Committee notes the information that the Factories Act does not cover workers in offices, shops, works of engineering construction and mines and that other legislation provides for the safety of such workers in these sectors. Please provide particulars on and copies of this other legislation implementing the provisions of the Convention for the workers of the sectors concerned.

2. Article 4. Further to its previous comments, the Committee notes the information that the Government has prepared the final draft of the National Occupational Safety and Health Policy and that the Nigeria Labour Congress, the Nigeria Employers' Consultative Assembly and some relevant professional bodies have been invited to review the document before its final public issuance. Please keep the Office informed of developments in this regard and please communicate a copy of the policy document when adopted.

3. Article 5(b). Please indicate how the National Occupational Safety and Health Policy takes account of the adaptation of machinery, equipment, working time, organization of work and work processes to the physical and mental capacities of the workers.

4. Article 5(d) and (e). Please indicate the extent to which the National Occupational Safety and Health Policy covers: (1) the communication and cooperation in questions of occupational safety and health at all appropriate levels including those of the working group and the undertaking; and (2) the protection of workers and their representatives from disciplinary measures as a result of actions properly taken by them in conformity with the abovementioned policy.

5. Article 7. Please indicate what arrangements have been made for the reviews provided for in this Article, specifying the intervals at which they take place, upon the completion of the meeting between the Government and workers' representatives and professional bodies referred to in the Government's report.

6. Article 11(b), (e) and (f). Please indicate the extent to which the competent authority or authorities ensure that the functions enumerated in the mentioned provisions are progressively carried out on a continuing basis.

7. Article 12. Further to its previous comments, the Committee notes that while section 20 of the Factories Act provides for the requirement of paragraph (a) of this Article of the Convention as concerns machines, it does not provide similarly for equipment or substances. In addition measures should be taken to ensure that such persons who design, manufacture, import, provide, and transfer machinery, equipment or substances for occupational use should also meet the requirements of paragraphs (b) and (c) of this Article of the Convention. Please provide further information in this regard.

8. Article 13. Please indicate the provision of national legislation which ensures protection against undue consequences to a worker who has removed himself or herself from a work situation which he or she has reasonable justification to believe presents an imminent danger to his or her life or health.

9. Article 14. Further to its previous comments, the Committee notes the information that measures for inclusion of occupational safety and health and the working environment in the educational curricula are being looked into. Please keep the Office informed of developments in this regard.

10. Article 15. Further to its previous comments, the Committee notes that consultations take place on an ad hoc basis in committees on industrial safety and health with various authorities and representative organizations of employers and workers and other bodies, on the basis of invitations, whenever the situation arises. Please indicate if these consultations take place in accordance with arrangements put in place after consultations with the said organizations at the earliest possible stage.

11. Article 19(a) to (c), (e) and (f). Please give indications on the provisions of national legislation and/or practical measures taken that give effect to the mentioned subparagraphs of this Article.

12. Article 19(d). Further to its previous comments, the Committee would be grateful if the Government would indicate the arrangements made whereby the representatives of workers in an undertaking are given appropriate training in occupational safety and health, in addition to arrangements provided for individual workers under section 23 of the Factories Act.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

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 direct request, which read as follows:

The Committee notes the short information provided by the Government in its first report. The Committee draws the Government's attention to the necessity to give in its first report, in accordance with the report form for the Convention adopted by the Governing Body, full information on each of the provisions of the Convention and each of the questions set out in this form.

I. The Committee requests the Government to provide clarifications concerning the following points:

1. Article 4. The Committee asks the Government to indicate measures taken or contemplated to formulate, implement and periodically review the national policy provided for in this Article. Please describe the manner in which the most representative organizations of employers and workers were consulted.

2. Article 5(b). The Committee notes that the Factories Act in its Part III establishes measures in order to ensure safe use of some material elements of work such as machinery and equipment, cranes, hoists and lifts, chains, ropes and lifting tackle, vessels with dangerous liquids, etc. The Government is requested to indicate measures taken with a view to the adaptation of such material elements as well as working time and organization of work to the physical and mental capacities of workers.

3. Article 8. The Government is requested to indicate the manner in which the representative organizations of employers and workers concerned were consulted.

4. Article 16, paragraphs 1 and 2. The Government is requested to indicate the legislative or other provisions whereby employers are required to take the action called for in these provisions of the Convention.

5. Article 19(d). The Committee notes that section 23 of the Factories Act fixes the obligation of training and supervision of inexperienced workers at the undertakings. While this provision of the Convention envisages arrangements under which the workers' representatives are given appropriate training in occupational safety and health, the Government is requested to indicate measures ensuring the training with respect to the workers' representatives.

II. The Government is requested to supply information relating to the following points:

1. Article 5(d) and (e). The extent to which the policy referred to in Article 4 of the Convention covers: (1) the communication and cooperation in questions of occupational safety and health at all appropriate levels including those of the working group and the undertaking; and (2) the protection of workers and their representatives from disciplinary measures as a result of actions properly taken by them in conformity with the above-mentioned policy.

2. Article 7. Arrangements made for the reviews provided for in this Article, specifying the intervals at which they take place.

3. Article 10. Measures taken to provide guidance to employers and workers.

4. Article 11(b), (e) and (f). The extent to which the competent authority or authorities ensure that the functions enumerated in the mentioned provisions are carried out.

5. Article 12. Measures taken with a view to ensuring that duties enumerated in this Article would be done by persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use.

6. Article 13. Legislative or other provisions whereby the protection of a worker who removed himself from a work situation which he has reasonable justification to believe presents an imminent and serious danger.

7. Article 14. Measures taken or contemplated with a view to promoting the inclusion of questions of occupational safety and health and the working environment at all levels of education and training.

8. Article 15. Arrangements to ensure the necessary coordination between various authorities and bodies called upon to give effect to Parts II and III of the Convention.

9. Article 19(a) to (c), (e) and (f). Legislative and/or practical measures taken to give effect to the mentioned subparagraphs of this Article.

10. Article 20. Arrangements made to ensure cooperation between management and workers and/or their representatives within the undertaking in the devising and implementation of the measures provided in Articles 16 to 19 of the Convention.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the short information provided by the Government in its first report. The Committee draws the Government's attention to the necessity to give in its first report, in accordance with the report form for the Convention adopted by the Governing Body, full information on each of the provisions of the Convention and each of the questions set out in this form.

I. The Committee requests the Government to provide clarifications concerning the following points:

1. Article 4. The Committee asks the Government to indicate measures taken or contemplated to formulate, implement and periodically review the national policy provided for in this Article. Please describe the manner in which the most representative organizations of employers and workers were consulted.

2. Article 5(b). The Committee notes that the Factories Act in its Part III establishes measures in order to ensure safe use of some material elements of work such as machinery and equipment, cranes, hoists and lifts, chains, ropes and lifting tackle, vessels with dangerous liquids, etc. The Government is requested to indicate measures taken with a view to the adaptation of such material elements as well as working time and organization of work to the physical and mental capacities of workers.

3. Article 8. The Government is requested to indicate the manner in which the representative organizations of employers and workers concerned were consulted.

4. Article 16, paragraphs 1 and 2. The Government is requested to indicate the legislative or other provisions whereby employers are required to take the action called for in these provisions of the Convention.

5. Article 19(d). The Committee notes that section 23 of the Factories Act fixes the obligation of training and supervision of inexperienced workers at the undertakings. While this provision of the Convention envisages arrangements under which the workers' representatives are given appropriate training in occupational safety and health, the Government is requested to indicate measures ensuring the training with respect to the workers' representatives.

II. The Government is requested to supply information relating to the following points:

1. Article 5(d) and (e). The extent to which the policy referred to in Article 4 of the Convention covers: (1) the communication and cooperation in questions of occupational safety and health at all appropriate levels including those of the working group and the undertaking; and (2) the protection of workers and their representatives from disciplinary measures as a result of actions properly taken by them in conformity with the above-mentioned policy.

2. Article 7. Arrangements made for the reviews provided for in this Article, specifying the intervals at which they take place.

3. Article 10. Measures taken to provide guidance to employers and workers.

4. Article 11(b), (e) and (f). The extent to which the competent authority or authorities ensure that the functions enumerated in the mentioned provisions are carried out.

5. Article 12. Measures taken with a view to ensuring that duties enumerated in this Article would be done by persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use.

6. Article 13. Legislative or other provisions whereby the protection of a worker who removed himself from a work situation which he has reasonable justification to believe presents an imminent and serious danger.

7. Article 14. Measures taken or contemplated with a view to promoting the inclusion of questions of occupational safety and health and the working environment at all levels of education and training.

8. Article 15. Arrangements to ensure the necessary coordination between various authorities and bodies called upon to give effect to Parts II and III of the Convention.

9. Article 19(a) to (c), (e) and (f). Legislative and/or practical measures taken to give effect to the mentioned subparagraphs of this Article.

10. Article 20. Arrangements made to ensure cooperation between management and workers and/or their representatives within the undertaking in the devising and implementation of the measures provided in Articles 16 to 19 of the Convention.

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