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

The Committee notes the Government’s first report.
Article 2(3) of the Convention. Periodic consideration of the measures that could be taken to ratify relevant occupational safety and health (OSH) Conventions of the ILO. The Committee notes the Government’s indication in its report that the Advisory Commission on International Labour Standards (CCNIT) holds annual meetings to examine the follow-up on the relevant ILO instruments, and that favourable opinions had been issued in this respect concerning the ratification of the Occupational Safety and Health Convention, 1981 (No. 155), the Safety and Health in Construction Convention, 1988 (No. 167), and the Safety and Health in Mines Convention, 1995 (No. 176). The Committee requests the Government to continue providing information on the follow-up given to the above opinions concerning the ratification of OSH Conventions. With regard to future discussions in the CCNIT, the Committee refers the Government to the comments it adopted in 2019 concerning the application of the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144).
Article 3. National OSH policy. The Committee notes that, according to the Government, a national OSH policy, as provided for under the Occupational Safety and Health Convention, 1981 (No. 155), has not yet been formulated but that the national labour policy (NLP) covers OSH issues in programme four on promoting OSH. In this regard, the Committee notes that one of the guiding principles of the NLP is the adoption of a preventive approach to OSH and that, according to this principle, actions to be taken must be geared towards prevention, giving priority to eliminating the source of risks. The Committee also notes that this policy is the result of a process of discussion and dialogue, particularly between the workers’ and employers’ organizations, and the Government. While noting the aspects relating to OSH in the PNT, the Committee requests the Government to provide information on the measures taken or envisaged to formulate a national OSH policy, pursuant to Article 3 of the Convention, and to provide information concerning its periodic review. The Committee requests the Government to provide information on the consultations to be held with the most representative organizations of employers and workers in this regard.
Article 4(1) and (2)(a). Periodic review of the national OSH system, in consultation with the most representative organizations of employers and workers. The Committee notes the information provided by the Government concerning the national OSH legislation and the Government’s indication regarding the National Advisory Technical Committee on Occupational Safety and Health (CTNCSST). The Committee notes that, according to the Government, this committee is consulted prior to the adoption of all national texts on OSH. The Committee also notes that section 2 of Decree No. 2017 493/PRES/PM/MFPTPS/MS of 14 June 2017, setting forth the composition of the CTNCSST, provides for a tripartite composition of this committee. The Committee requests the Government to provide further information on the mechanism for the periodic review of national OSH legislation and on the consultations with the social partners on this matter, including information on the CTNCSST meetings, their frequency, and their outcome in practice.
Article 4(3)(g). Collaboration with insurance or social security schemes covering occupational injuries and diseases. The Committee notes that, according to the Government, the benefits agencies, such as the Occupational Health Office and the National Social Security Fund, cooperate with the monitoring bodies, such as the Medical Labour Inspectorate (IMT) and the regional directorates for labour and social security (DRTPS), including through joint inspections. In this respect, the Government indicates that, in a workshop organized in 2017 by the OST with the participation of the DRTPS, IMT and the General Directorate for Social Security, discussions were held on more effective collaboration with regard to OSH. The Committee requests the Government to provide information on any follow-up given to these discussions concerning collaboration with regard to OSH between the monitoring bodies and benefits agencies.
Article 4(3)(h). Support mechanisms for a progressive improvement of occupational safety and health conditions in micro-enterprises, in small and medium-sized enterprises and in the informal economy. The Committee notes that one of the anticipated outcomes of the Decent Work Country Programme (DWCP) for Burkina Faso 2020–22 concerns conformity of workplaces, including in the informal and rural economy, with OSH legislation and standards (outcome 3). The DWCP indicates in particular that one of the expected benefits in this regard is the strengthening of labour inspection to enable it to intervene in micro-enterprises and small enterprises in the informal economy. The Committee requests the Government to provide information on the measures taken or envisaged, including within the framework of the DWCP, to establish support mechanisms for a progressive improvement of OSH conditions in micro-enterprises, in small and medium-sized enterprises and in the informal economy, pursuant to Article 4(3)(h) of the Convention.
Article 5. National programme. The Committee notes that the PNT provides for an operational action plan (PAO) for 2012–14 that includes, within its programme concerning OSH promotion, expected benefits and objectives in this area. The Committee also notes that, under the PNT, a High Labour Council, composed mainly of State bodies, workers’ and employers’ organizations, and artisanal workers, will be responsible for guiding and leading the PAO and PNT. With regard to measures for publicizing, endorsing and launching the programme, the Government also indicates that the implementation strategy of the PNT does not cover communication actions but that the ministries in charge of labour and health are the main authorities to effectively ensure the adoption of these measures. The Committee notes, however, an absence of information on the implementation, monitoring, evaluation and periodic review, in practice, of the PAO for 2012–14, and on the development of a national OSH programme after this period, in consultation with the social partners. The Committee requests the Government to indicate whether the PAO 2012–14 has been implemented, and, if so, whether an evaluation of this plan has been carried out. The Committee also requests the Government to provide information on the measures taken to formulate, implement, monitor, evaluate and periodically review a national OSH programme after 2014, in consultation with the social partners and including each element under Article 5(2)(a)-(e) of the Convention. In addition, the Committee requests the Government to indicate the measures taken by the ministries in charge of labour and health to publicize, endorse and launch the national OSH programme, once formulated.
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