Observation (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Repetition

Legislation. The Committee welcomes the adoption of the new Labour Code Law No. 09.004 of 29 January 2009 including Section 300 which provides, inter alia, that the Ministry of Labour together with the Ministry of Health shall adopt regulations concerning occupational safety and health in consultation with the National Council for the Prevention of Occupational Hazards. The Committee notes that this provision paves the way for the adoption of the legislation required for implementation of the provisions of the present Convention. The report is silent, however, as to whether any such regulations have been or are being prepared. With reference to its previous comments the Committee notes it had requested the Government to submit copies of the following legislation: Decree No. 05.006 of 12 January 2005 concerning the organization and operation of the Ministry of the Public Service, Labour, Social Security and the Vocational Integration of Young Persons and establishing the responsibilities of the Minister, Decree No. 005/MFPESSFP/CAB/SG/DGTEFP of 11 July 1994 concerning the establishment and operation of safety and health committees in the Central African Republic, Decree No. 008/MFPTSS/CAB/SG/DGTE/DESTRE of 26 June 1986 concerning the general safety and health measures applicable in agricultural, forestry, industrial and commercial enterprises as well as in similar public and para-public enterprises and General Order No. 3758 of 25 November 1954 on the general health and safety measures applicable in agricultural, forestry, industrial and commercial enterprises as well as in similar administrative establishments in French Equatorial Africa, as well as all other relevant legislative texts. In order to enable the Committee to be able to examine how effect is given to the provisions of the Convention, the Committee requests the Government to provide copies of the abovementioned texts with its next report.

Articles 4, 7 and 8 of the Convention. Obligation to formulate, implement and periodically review a coherent national policy on occupational safety, occupational health and the working environment. The Committee notes the information that the newly created Department of Occupational Medicine is in the process of formulating a coherent national policy on occupational safety, occupational health and the working environment based on the country’s needs, while taking into account the country’s economic situation and development. The Committee recalls that this work is to be carried out in close association with the country’s most representative employers’ and workers’ organizations, and that these organizations shall also be involved in the process of periodically reviewing this policy in the light of the progress made, changes in society and technological developments. Furthermore, the Committee invites the Government to ensure that the policy is coherent and that it aims to prevent accidents and injury to health arising out of, linked with or occurring in the course of work. The Committee requests the Government to provide information on any progress made with regard to the formulation, implementation and periodic review of the national policy in accordance with Article 4 of the Convention.

Articles 13 and 19(f). Right to removal. The Committee notes the information provided by the Government that there are no legislative provisions ensuring the protection provided for by these Articles. The Committee wishes to point out that Articles 13 and 19(f) are complementary provisions and both refer to situations in which an individual worker decides to remove themselves from work situations which they have reasonable justification to believe presents an imminent and serious danger to their life or health. The Committee requests the Government to indicate measures taken or envisaged to ensure that no worker will suffer undue consequences as a result of such action, in accordance with Article 13, and to indicate the arrangements which have been made to ensure that an employer cannot require the worker to return to a work situation where there is continuing imminent and serious danger to life or health, as provided for by Article 19(f).

Article 14. Measures for the inclusion of questions of occupational safety and health at all levels of education and training. The Committee notes the information that the measures provided for by this Article come within the remit of the Department of Occupational Medicine in accordance with the provisions of the abovementioned Decree No. 05.006 of 12 January 2005. The Committee requests the Government to inform it of the manner in which effect is given to this provision, in particular, the measures taken to promote 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. Measures to ensure coordination between various authorities and bodies. The Committee notes the Government’s indications that the obligations provided for by this Article have been assigned to the Department of Occupational Medicine under the provisions of Decree No. 05.006 of 12 January 2005. It requests the Government to indicate what institutions and institutional structures are available to ensure the necessary coordination between the competent national authorities and the bodies responsible for giving effect to the Convention and also to indicate the stage at which the most representative employers’ and workers’ organizations are consulted.

Application in practice. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in the country and attach extracts from inspection reports and, where such exists, information on the number of workers covered by the legislation, the number and nature of the contraventions reported, the number, nature and causes of the accidents reported, etc.