Occupational Safety and Health Convention, 1981 (No. 155) - Algeria (RATIFICATION: 2006)

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In order to provide a comprehensive view of the issues relating to the application of the Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 120 (hygiene – commerce and office), 155 (OSH) and 167 (OSH in construction) together.

The Committee notes the information provided by the Government in its reports in response to the Committee’s previous comments on the following Articles:

• -Convention No. 155: Articles 4 and 7 (periodic review of national policy and the national situation with regard to OSH); Article 5(a) and (b) (control of material elements of work and adaptation of the working environment to workers); Article 12(a) and (b) (requirements for workers who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use); and Article 20 (measures taken to ensure cooperation between employers and workers in the enterprise);
• -Convention No. 167: Article 6 (cooperation between employers and workers).

Draft on the Labour Code. The Committee notes the draft on the Labour Code, dated October 2015, which was sent by the Government. It notes that this text contains a set of provisions on OSH (Book VI of the draft) and aims to codify the provisions of the national legislation in force, namely Act No. 88-07 of 26 January 1988 on occupational hygiene, safety and health (Act No. 88-07) and its implementing regulations. The draft provides that all provisions that are contrary to the Labour Code shall be repealed through the adoption of the Code, and that the provisions of regulations adopted pursuant to the legislation concerned shall remain in force until they are replaced, on condition that they are in conformity with the provisions of the Labour Code. Recognizing the scope of the legislative revision process under way, the Committee requests the Government to take into account the points raised below, in order to ensure the full conformity of the legislation with the ratified Conventions on OSH, in the context of the ongoing reform process.

General provisions

Safety and health of workers (Convention No. 155)

Article 13 of the Convention. Protection of workers who have removed themselves from a work situation presenting an imminent and serious danger. In the absence of a reply from the Government on this point, the Committee once again requests the Government to provide information on any measures taken to ensure the protection of workers against any unjustified consequences if they have removed themselves from a situation which they have reasonable justification to believe presents an imminent and serious danger.

Protection in specific branches of activity

Hygiene in commerce and offices (Convention No. 120)

Articles 14 and 18 of the Convention. Suitable seats for workers. Protection against noise and vibrations. In its previous comment, the Committee requested the Government to take the necessary measures to give effect to Articles 14 and 18 of the Convention. The Committee notes that the Government once again refers, in its report, to a draft Executive Decree amending Executive Decree No. 91-05 of 19 January 1991 on the general protection requirements applicable to hygiene and safety in the work environment. The Committee requests the Government to provide information on all progress made in this regard, and to provide a copy of the aforementioned Executive Decree once it has been adopted.

Safety and health in construction (Convention No. 167)

Articles 14–24 and 27 of the Convention. Technical standards. Prevention and protection measures. Scaffolds and ladders; lifting appliances and gear; transport, earth-moving and materials-handling equipment; plant, machinery, equipment and hand tools; work at heights; excavations and underground works; cofferdams and caissons; work in compressed air; structural frames and formwork; work over water; and demolition. Explosives. In its previous comment, the Committee noted that the following Executive Decrees gave partial effect to Articles 14–19 and 21–24 of the Convention: No. 05-12 of 8 January 2005 on specific hygiene and safety requirements applicable to the construction, public works and hydraulics sectors; No. 91-05 of 19 January 1991 on the general protection requirements applicable with regard to occupational hygiene and safety; and No. 2-427 of 7 December 2002 on the conditions for the organization and provision of information and the training of workers in the area of prevention of occupational risks. It also noted that no information had been provided by the Government on the application of Article 20. With regard to Article 27, the Committee noted the Government’s indication that the provisions governing explosives were being prepared in the context of technical safety regulations. The Committee notes the Government’s indication that draft technical regulations have been developed and will be adopted in consultation with the housing, urban planning, public works and transport, and water resources sectors, and with the social and economic partners and parties involved in the prevention of occupational risks. The Committee requests the Government to take into account the detailed provisions of Articles 14–24 and 27 of the Convention in the formulation of the technical safety regulations, and to send a copy of the regulations once they have been adopted.

Application of the Conventions in practice. Adequate inspection services. The Committee refers to its comments on the Labour Inspection Convention, 1947 (No. 81).

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Legislation. The Committee notes the legislation which gives effect to Articles 11(d) and 19(a), (b), (c) and (e) of the Convention.

Articles 4 and 7 of the Convention. Periodical review of the national policy and the national situation regarding occupational safety and health and the working environment. In its report, the Government refers to section 27 of Act No. 88-07 of 26 January 1988 respecting occupational hygiene, safety and medicine, which institutes a National Occupational Hygiene, Safety and Medicine Council, as well as Decree No. 96-209 of 5 June 1996 setting out the composition, organization and operation of this Council. Act No. 88-07 provides in this respect that the Council shall be responsible, firstly, for participating, through recommendations and opinions, in the establishment of annual and pluri-annual programmes for the prevention of occupational risks and for coordinating the programmes implemented; and, secondly, for examining the periodic assessments of the programmes carried out and for providing opinions on the results obtained. The Committee also notes that the workers’ and employers’ representatives, who are equal in number on the Council, are appointed respectively upon the proposal of the most representative workers’ and employers’ organizations at the national level (sections 3 and 4 of the Decree) and that the Council shall meet at least twice a year (section 7 of the Decree). The Committee recalls that the review of the national policy on occupational safety and health, as provided for in Article 4 of the Convention, depends on and should be informed by the review, either overall or in respect of particular areas, of the national situation regarding occupational safety and health with a view to identifying major problems, evolving effective methods for dealing with them and priorities of action, and evaluating results, as provided for in Article 7 of the Convention (see the 2009 General Survey on occupational safety and health, paragraphs 76–78). The Committee would be grateful if the Government would provide further information on the work of the National Occupational Hygiene, Safety and Medicine Council with regard to the review of the national policy on occupational safety and health and particularly on the evaluation of annual and pluri-annual programmes for prevention of occupational risks, the establishment of which is provided for by law, and on the periodic assessments of the implementation of these programmes, as well as the action taken as a result of this work.

Article 5(a) and (b). Testing the material elements of work and adaptation of the work environment to the workers. Following up on its previous comments, the Committee notes that, under Act No. 88-07, referred to above, the safety of workers shall be ensured with regard to the workplaces (sections 4 and 5), installations, machines, mechanisms, appliances, tools and equipment, materials and all other elements of work, as well as the techniques and technologies used and the organization of the work (section 7). It also notes that regulatory decrees have been adopted setting out general protective measures applicable in the area of occupational safety and health (Executive Decree No. 91-05 of 19 January 1991), and preventive measures against electrical risks (Executive Decree No. 01-342 of 28 October 2001) and against risks related to hazardous substances, products and preparations (Executive Decree No. 05-08 of 8 January 2005). The Committee requests the Government to provide information on any specific measures set out in national legislation or policy, firstly, to eliminate the source of potential risks related to the material elements of work, in accordance with Article 5(a) of the Convention and, secondly, to take into consideration the relationships between the material elements of work and the persons who carry out or supervise the work, as provided for in Article 5(b) of the Convention.

Article 12(a) and (c). Obligations of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. Noting that the Government does not provide the information requested regarding subparagraphs (a) and (c) of Article 12, the Committee asks the Government to indicate measures taken in law and in practice to give full effect to Article 12 of the Convention.

Articles 13 and 19(f). Protection of workers who have removed themselves from situations presenting an imminent and serious danger. The Committee recalls its previous comments in which it noted that section 34 of Act No. 88-07 provides that each worker who notes the existence of a source of imminent danger shall immediately notify the person responsible for safety, or the person responsible for the unit, their representatives or their duly mandated substitutes, so that the necessary and appropriate measures are taken rapidly. Where it is impossible to notify the person responsible for safety, the most qualified worker or workers who observe a source of imminent danger are authorized to take all the necessary measures. In the absence of a reply from the Government on this point, the Committee repeats its request to the Government to provide information on any measures taken to guarantee the protection of workers from undue consequences when removing themselves from situations presenting an imminent and serious danger, in accordance with Articles 13 and 19(f) of the Convention.

Article 20. Measures taken to ensure cooperation between management and workers within the undertaking. The Committee notes that the Government makes reference to section 27 of Act No. 88-07, mentioned above, which institutes a National Occupational Hygiene, Safety and Medicine Council, comprising workers’ and employers’ representatives appointed at the national level. It also notes that, in accordance with sections 23–26 of Act No. 88-07, joint safety and health committees shall be instituted in establishments employing over nine workers and safety and health delegates in establishments employing up to nine workers, while bodies responsible for additional functions can also be set up in the enterprise. The Committee also notes that the functions and composition of these bodies shall be determined by regulation. In this respect, it draws the Government’s attention to the guidance contained in Paragraph 12 of the Occupational Safety and Health Recommendation, 1981 (No. 164), which provides details, by way of illustration, of the types of measures essential to facilitate cooperation between employers and workers in the enterprise. The Committee requests the Government to provide information on the operation and functions of the joint safety and health committees, safety and health delegates, and the bodies responsible for additional functions, and to provide a copy of any relevant texts on this point.

Part V of the report form. Application in practice. In the absence of a reply from the Government on this point, the Committee once again requests it to provide a general appreciation of the manner in which the Convention is applied in the country, attaching extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the legislation, the number and nature of the contraventions reported, the number, nature and cause of the accidents reported, etc.

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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:

Repetition

The Committee notes that the Government’s latest report received on 16 February 2011 is labelled to be a report on the application of the present Convention but that it appears to be a report submitted in response to the request for information based on the report form issued in accordance with article 19 of the ILO Constitution. As the report submitted thus contains no new information on the application of the Convention, the Committee must repeat its previous direct request, which read as follows:

Article 5(a) of the Convention. Design, testing, choice, substitution, installation, arrangement, use and maintenance of the material elements of work. The Committee notes the indication that section 4 of Act No. 88-07 of 26 January 1998 respecting occupational hygiene, safety and medicine provides that premises used for work, working places and their environments, including installations of any type made available to workers, shall be kept in a constant state of cleanliness and offer the conditions of hygiene and health necessary for the health of workers. It further notes that section 5 of the Act provides that establishments, and premises used for work, covered by section 4 above shall be designed, equipped and maintained so as to ensure the safety of workers. The Committee observes that this text does not cover matters related to the design, substitution or installation of material elements of work, particularly in relation to tools, machinery and physical and biological substances and agents. The Committee requests the Government to provide information on the measures taken or envisaged to give full effect to this Article of the Convention.

Article 5(e). Protection of workers and their representatives from disciplinary measures. The Committee notes the absence of information regarding the protection of workers and their representatives from disciplinary measures as a result of actions properly taken by them in conformity with the policy referred to in Article 4 of the Convention. It requests the Government to indicate the manner in which effect is given in law and practice to this provision of the Convention.

Article 11(d). The holding of inquiries in cases of occupational accidents or occupational diseases reflecting situations which are serious. The Committee notes the information that section 19 of Act No. 83-13 of 2 July 1983 respecting employment accidents and occupational diseases provides that the social security institution is empowered to conduct an administrative inquiry in the establishment employing the victim of an occupational accident or disease to determine the occupational nature of the accident or disease. It also notes that the National Social Insurance Fund has a central prevention unit which undertakes inquiries following reported employment accidents and occupational diseases. The Committee recalls that the inquiries referred to in this Article should not be limited to inquiries following individual occupational accidents and diseases but also include inquiries into larger scale situations which appear to be serious, such as industrial catastrophes at the national level which seriously threaten the life and health of a large number of workers. The Committee requests the Government to provide additional information on measures adopted to ensure that the relevant legislation also covers inquiries into all situations, covered by this provision of the Convention.

Article 12(a) and (c). Obligations of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee notes the reference made to Act No. 88–07 of 26 January 1988 respecting occupational hygiene, safety and medicine, in particular articles 8–10, which regulates certain obligations related to machinery, equipment and substances and Executive Decree No. 05-08 of 8 January 2005 respecting the specific requirements applicable to occupational use of hazardous substances, products and preparations. As regards machinery and equipment, the Committee notes that it is not clear from the available information whether national standards determining their correct use have been adopted. The referenced legislation is also silent as to obligations referred to in Article 12(b) and (c). As regards substances for occupational use, the Committee notes that the referenced decree provides for general obligations related to such substances but that is not clear as to the specific obligations in Article 12(a) to (c). The Committee requests the Government to indicate measures taken in law and in practice to give full effect to Article 12 of the Convention both as regards machinery and equipment and substances for occupational use.

Articles 13 and 19(f). Right to removal. The Government refers to section 34 of Act No. 88-07 of 26 January 1988, which provides that each worker who notes the existence of a source of imminent danger shall immediately notify the person responsible for safety, or the person responsible for the unit, their representatives or their duly mandated substitutes so that the necessary and appropriate measures are taken rapidly. Where it is impossible to notify the person responsible for safety, the most qualified worker or workers who observe a source of imminent danger shall be empowered to take all the necessary measures (section 34). However, neither the Government’s report, nor the referenced legislation contain indications on the protection of workers against undue consequences as a result of removing themselves from a work situation which they have reasonable justification to believe represents an imminent and serious danger to life or health. The Committee requests the Government to provide additional information on the legal provisions which give effect to Articles 13 and 19(f) of the Convention.

Article 14. Education and training programmes at all levels. The Committee notes the indication that Executive Decree No. 02-427 of 7 December 2002 respecting the conditions for the organization of education, information and training for workers in the field of prevention of occupational risks gives effect to this Article of the Convention. The Committee recalls that this provision of the Convention covers questions related to education and training on occupational safety and health and the working environment at all levels of education and training, including higher technical, medical and professional education, and is not confined to instruction, information and training activities provided to workers by the employer in the framework of their work. The Committee requests the Government to indicate the measures adopted or envisaged to give effect to Article 14 of the Convention.

Article 19(a), (b), (c) and (e). Rights and obligations of workers and their representatives in the enterprise. The Committee notes that the Government’s report does not contain information on the requirements set out in this Article of the Convention. It requests the Government to indicate the effect given in law and in practice to these provisions of the Convention.

Article 20. Measures adopted to ensure cooperation between management and workers within the undertaking. The Government refers to Act No. 88-07 of 26 January 1988, without any further specification. The Committee requests the Government to provide additional information on the measures taken in law and in practice to give effect to the obligation of cooperation between the management and workers within the undertaking in relation to the organization of occupational safety and health.

Part V of the report form. 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 to attach extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the legislation, the number and nature of the violations reported, the number, nature and causes of the accidents reported, etc.

Plan of action (2010–16). The Committee would like to take this opportunity to inform the Government that, in March 2010, the Governing Body adopted a plan of action to achieve widespread ratification and effective implementation of the key instruments in the area of Occupational Safety and Health (OSH), the Occupational Safety and Health Convention, 1981 (No. 155), its 2002 Protocol, and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) (document GB.307/10/2 (Rev.)). The Committee would like to bring to the Government’s attention that under this plan of action, the Office is available to provide assistance to Governments, as appropriate, to bring their national law and practice in conformity with these key OSH Conventions in order to promote their ratification and effective implementation. The Committee invites the Government to provide information on any needs it may have in this respect as regards this Convention and any other Convention on occupational safety and health ratified by Algeria.

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The Committee notes that the Government’s latest report received on 16 February 2011 is labelled to be a report on the application of the present Convention but that it appears to be a report submitted in response to the request for information based on the report form issued in accordance with article 19 of the ILO Constitution. As the report submitted thus contains no new information on the application of the Convention, the Committee must repeat its previous direct request, which read as follows:

Repetition

Article 5(a) of the Convention. Design, testing, choice, substitution, installation, arrangement, use and maintenance of the material elements of work. The Committee notes the indication that section 4 of Act No. 88-07 of 26 January 1998 respecting occupational hygiene, safety and medicine provides that premises used for work, working places and their environments, including installations of any type made available to workers, shall be kept in a constant state of cleanliness and offer the conditions of hygiene and health necessary for the health of workers. It further notes that section 5 of the Act provides that establishments, and premises used for work, covered by section 4 above shall be designed, equipped and maintained so as to ensure the safety of workers. The Committee observes that this text does not cover matters related to the design, substitution or installation of material elements of work, particularly in relation to tools, machinery and physical and biological substances and agents. The Committee requests the Government to provide information on the measures taken or envisaged to give full effect to this Article of the Convention.

Article 5(e). Protection of workers and their representatives from disciplinary measures. The Committee notes the absence of information regarding the protection of workers and their representatives from disciplinary measures as a result of actions properly taken by them in conformity with the policy referred to in Article 4 of the Convention. It requests the Government to indicate the manner in which effect is given in law and practice to this provision of the Convention.

Article 11(d). The holding of inquiries in cases of occupational accidents or occupational diseases reflecting situations which are serious. The Committee notes the information that section 19 of Act No. 83-13 of 2 July 1983 respecting employment accidents and occupational diseases provides that the social security institution is empowered to conduct an administrative inquiry in the establishment employing the victim of an occupational accident or disease to determine the occupational nature of the accident or disease. It also notes that the National Social Insurance Fund has a central prevention unit which undertakes inquiries following reported employment accidents and occupational diseases. The Committee recalls that the inquiries referred to in this Article should not be limited to inquiries following individual occupational accidents and diseases but also include inquiries into larger scale situations which appear to be serious, such as industrial catastrophes at the national level which seriously threaten the life and health of a large number of workers. The Committee requests the Government to provide additional information on measures adopted to ensure that the relevant legislation also covers inquiries into all situations, covered by this provision of the Convention.

Article 12(a) and (c). Obligations of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee notes the reference made to Act No. 88–07 of 26 January 1988 respecting occupational hygiene, safety and medicine, in particular articles 8–10, which regulates certain obligations related to machinery, equipment and substances and Executive Decree No. 05-08 of 8 January 2005 respecting the specific requirements applicable to occupational use of hazardous substances, products and preparations. As regards machinery and equipment, the Committee notes that it is not clear from the available information whether national standards determining their correct use have been adopted. The referenced legislation is also silent as to obligations referred to in Article 12(b) and (c). As regards substances for occupational use, the Committee notes that the referenced decree provides for general obligations related to such substances but that is not clear as to the specific obligations in Article 12(a)–(c). The Committee requests the Government to indicate measures taken in law and in practice to give full effect to Article 12 of the Convention both as regards machinery and equipment and substances for occupational use.

Articles 13 and 19(f). Right to removal. The Government refers to section 34 of Act No. 88-07 of 26 January 1988, which provides that each worker who notes the existence of a source of imminent danger shall immediately notify the person responsible for safety, or the person responsible for the unit, their representatives or their duly mandated substitutes so that the necessary and appropriate measures are taken rapidly. Where it is impossible to notify the person responsible for safety, the most qualified worker or workers who observe a source of imminent danger shall be empowered to take all the necessary measures (section 34). However, neither the Government’s report, nor the referenced legislation contain indications on the protection of workers against undue consequences as a result of removing themselves from a work situation which they have reasonable justification to believe represents an imminent and serious danger to life or health. The Committee requests the Government to provide additional information on the legal provisions which give effect to Articles 13 and 19(f) of the Convention.

Article 14. Education and training programmes at all levels. The Committee notes the indication that Executive Decree No. 02-427 of 7 December 2002 respecting the conditions for the organization of education, information and training for workers in the field of prevention of occupational risks gives effect to this Article of the Convention. The Committee recalls that this provision of the Convention covers questions related to education and training on occupational safety and health and the working environment at all levels of education and training, including higher technical, medical and professional education, and is not confined to instruction, information and training activities provided to workers by the employer in the framework of their work. The Committee requests the Government to indicate the measures adopted or envisaged to give effect to Article 14 of the Convention.

Article 19(a), (b), (c) and (e). Rights and obligations of workers and their representatives in the enterprise. The Committee notes that the Government’s report does not contain information on the requirements set out in this Article of the Convention. It requests the Government to indicate the effect given in law and in practice to these provisions of the Convention.

Article 20. Measures adopted to ensure cooperation between management and workers within the undertaking. The Government refers to Act No. 88-07 of 26 January 1988, without any further specification. The Committee requests the Government to provide additional information on the measures taken in law and in practice to give effect to the obligation of cooperation between the management and workers within the undertaking in relation to the organization of occupational safety and health.

Part V of the report form. 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 to attach extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the legislation, the number and nature of the violations reported, the number, nature and causes of the accidents reported, etc.

Plan of Action (2010–16). The Committee would like to take this opportunity to inform the Government that, in March 2010, the Governing Body adopted a plan of action to achieve widespread ratification and effective implementation of the key instruments in the area of Occupational Safety and Health (OSH), the Occupational Safety and Health Convention, 1981 (No. 155), its 2002 Protocol and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) (document GB.307/10/2 (Rev.)). The Committee would like to bring to the Government’s attention that under this plan of action, the Office is available to provide assistance to Governments, as appropriate, to bring their national law and practice in conformity with these key OSH Conventions in order to promote their ratification and effective implementation. The Committee invites the Government to provide information on any needs it may have in this respect as regards this Convention and any other Convention on occupational safety and health ratified by Algeria.

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

[The Government is asked to reply in detail to the present comments in 2012.]

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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 5(a) of the Convention. Design, testing, choice, substitution, installation, arrangement, use and maintenance of the material elements of work. The Committee notes the indication that section 4 of Act No. 88-07 of 26 January 1998 respecting occupational hygiene, safety and medicine provides that premises used for work, working places and their environments, including installations of any type made available to workers, shall be kept in a constant state of cleanliness and offer the conditions of hygiene and health necessary for the health of workers. It further notes that section 5 of the Act provides that establishments, and premises used for work, covered by section 4 above shall be designed, equipped and maintained so as to ensure the safety of workers. The Committee observes that this text does not cover matters related to the design, substitution or installation of material elements of work, particularly in relation to tools, machinery and physical and biological substances and agents. The Committee requests the Government to provide information on the measures taken or envisaged to give full effect to this Article of the Convention.

Article 5(e). Protection of workers and their representatives from disciplinary measures. The Committee notes the absence of information regarding the protection of workers and their representatives from disciplinary measures as a result of actions properly taken by them in conformity with the policy referred to in Article 4 of the Convention. It requests the Government to indicate the manner in which effect is given in law and practice to this provision of the Convention.

Article 11(d). The holding of inquiries in cases of occupational accidents or occupational diseases reflecting situations which are serious. The Committee notes the information that section 19 of Act No. 83-13 of 2 July 1983 respecting employment accidents and occupational diseases provides that the social security institution is empowered to conduct an administrative inquiry in the establishment employing the victim of an occupational accident or disease to determine the occupational nature of the accident or disease. It also notes that the National Social Insurance Fund has a central prevention unit which undertakes inquiries following reported employment accidents and occupational diseases. The Committee recalls that the inquiries referred to in this Article should not be limited to inquiries following individual occupational accidents and diseases but also include inquiries into larger scale situations which appear to be serious, such as industrial catastrophes at the national level which seriously threaten the life and health of a large number of workers. The Committee requests the Government to provide additional information on measures adopted to ensure that the relevant legislation also covers inquiries into all situations, covered by this provision of the Convention.

Article 12(a) and (c). Obligations of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee notes the reference made to Act No. 88–07 of 26 January 1988 respecting occupational hygiene, safety and medicine, in particular
articles 8–10, which regulates certain obligations related to machinery, equipment and substances and Executive Decree No. 05-08 of 8 January  2005 respecting the specific requirements applicable to occupational use of hazardous substances, products and preparations. As regards machinery and equipment, the Committee notes that it is not clear from the available information whether national standards determining their correct use have been adopted. The referenced legislation is also silent as to obligations referred to in Article 12(b) and (c). As regards substances for occupational use, the Committee notes that the referenced decree provides for general obligations related to such substances but that is not clear as to the specific obligations in Article 12(a)–(c). The Committee requests the Government to indicate measures taken in law and in practice to give full effect to Article 12 of the Convention both as regards machinery and equipment and substances for occupational use.

Articles 13 and 19(f). Right to removal. The Government refers to section 34 of Act No. 88-07 of 26 January 1988, which provides that each worker who notes the existence of a source of imminent danger shall immediately notify the person responsible for safety, or the person responsible for the unit, their representatives or their duly mandated substitutes so that the necessary and appropriate measures are taken rapidly. Where it is impossible to notify the person responsible for safety, the most qualified worker or workers who observe a source of imminent danger shall be empowered to take all the necessary measures (section 34). However, neither the Government’s report, nor the referenced legislation contain indications on the protection of workers against undue consequences as a result of removing themselves from a work situation which they have reasonable justification to believe represents an imminent and serious danger to life or health. The Committee requests the Government to provide additional information on the legal provisions which give effect to Articles 13 and 19(f) of the Convention.

Article 14. Education and training programmes at all levels. The Committee notes the indication that Executive Decree No. 02-427 of 7 December 2002 respecting the conditions for the organization of education, information and training for workers in the field of prevention of occupational risks gives effect to this Article of the Convention. The Committee recalls that this provision of the Convention covers questions related to education and training on occupational safety and health and the working environment at all levels of education and training, including higher technical, medical and professional education, and is not confined to instruction, information and training activities provided to workers by the employer in the framework of their work. The Committee requests the Government to indicate the measures adopted or envisaged to give effect to Article 14 of the Convention.

Article 19(a), (b), (c) and (e). Rights and obligations of workers and their representatives in the enterprise. The Committee notes that the Government’s report does not contain information on the requirements set out in this Article of the Convention. It requests the Government to indicate the effect given in law and in practice to these provisions of the Convention.

Article 20. Measures adopted to ensure cooperation between management and workers within the undertaking. The Government refers to Act No. 88-07 of 26 January 1988, without any further specification. The Committee requests the Government to provide additional information on the measures taken in law and in practice to give effect to the obligation of cooperation between the management and workers within the undertaking in relation to the organization of occupational safety and health.

Part V of the report form. 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 to attach extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the legislation, the number and nature of the violations reported, the number, nature and causes of the accidents reported, etc.

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Article 5(a) of the Convention. Design, testing, choice, substitution, installation, arrangement, use and maintenance of the material elements of work. The Committee notes the indication that section 4 of Act No. 88-07 of 26 January 1998 respecting occupational hygiene, safety and medicine provides that premises used for work, working places and their environments, including installations of any type made available to workers, shall be kept in a constant state of cleanliness and offer the conditions of hygiene and health necessary for the health of workers. It further notes that section 5 of the Act provides that establishments, and premises used for work, covered by section 4 above shall be designed, equipped and maintained so as to ensure the safety of workers. The Committee observes that this text does not cover matters related to the design, substitution or installation of material elements of work, particularly in relation to tools, machinery and physical and biological substances and agents. The Committee requests the Government to provide information on the measures taken or envisaged to give full effect to this Article of the Convention.

Article 5(e). Protection of workers and their representatives from disciplinary measures. The Committee notes the absence of information regarding the protection of workers and their representatives from disciplinary measures as a result of actions properly taken by them in conformity with the policy referred to in Article 4 of the Convention. It requests the Government to indicate the manner in which effect is given in law and practice to this provision of the Convention.

Article 11(d). The holding of inquiries in cases of occupational accidents or occupational diseases reflecting situations which are serious. The Committee notes the information that section 19 of Act No. 83-13 of 2 July 1983 respecting employment accidents and occupational diseases provides that the social security institution is empowered to conduct an administrative inquiry in the establishment employing the victim of an occupational accident or disease to determine the occupational nature of the accident or disease. It also notes that the National Social Insurance Fund has a central prevention unit which undertakes inquiries following reported employment accidents and occupational diseases. The Committee recalls that the inquiries referred to in this Article should not be limited to inquiries following individual occupational accidents and diseases but also include inquiries into larger scale situations which appear to be serious, such as industrial catastrophes at the national level which seriously threaten the life and health of a large number of workers. The Committee requests the Government to provide additional information on measures adopted to ensure that the relevant legislation also covers inquiries into all situations, covered by this provision of the Convention.

Article 12(a) and (c). Obligations of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee notes the reference made to Act No. 88–07 of 26 January 1988 respecting occupational hygiene, safety and medicine, in particular Articles 8–10, which regulates certain obligations related to machinery, equipment and substances and Executive Decree No. 05-08 of 8 January  2005 respecting the specific requirements applicable to occupational use of hazardous substances, products and preparations. As regards machinery and equipment, the Committee notes that it is not clear from the available information whether national standards determining their correct use have been adopted. The referenced legislation is also silent as to obligations referred to in Article 12(b) and (c). As regards substances for occupational use, the Committee notes that the referenced decree provides for general obligations related to such substances but that is not clear as to the specific obligations in Article 12(a)–(c). The Committee requests the Government to indicate measures taken in law and in practice to give full effect to Article 12 of the Convention both as regards machinery and equipment and substances for occupational use.

Articles 13 and 19(f). Right to removal.  The Government refers to section 34 of Act No. 88-07 of 26 January 1988, which provides that each worker who notes the existence of a source of imminent danger shall immediately notify the person responsible for safety, or the person responsible for the unit, their representatives or their duly mandated substitutes so that the necessary and appropriate measures are taken rapidly. Where it is impossible to notify the person responsible for safety, the most qualified worker or workers who observe a source of imminent danger shall be empowered to take all the necessary measures (section 34). However, neither the Government’s report, nor the referenced legislation contain indications on the protection of workers against undue consequences as a result of removing themselves from a work situation which they have reasonable justification to believe represents an imminent and serious danger to life or health. The Committee requests the Government to provide additional information on the legal provisions which give effect to Articles 13 and 19(f) of the Convention.

Article 14. Education and training programmes at all levels. The Committee notes the indication that Executive Decree No. 02-427 of 7 December 2002 respecting the conditions for the organization of education, information and training for workers in the field of prevention of occupational risks gives effect to this Article of the Convention. The Committee recalls that this provision of the Convention covers questions related to education and training on occupational safety and health and the working environment at all levels of education and training, including higher technical, medical and professional education, and is not confined to instruction, information and training activities provided to workers by the employer in the framework of their work. The Committee requests the Government to indicate the measures adopted or envisaged to give effect to Article 14 of the Convention.

Article 19(a), (b), (c) and (e). Rights and obligations of workers and their representatives in the enterprise. The Committee notes that the Government’s report does not contain information on the requirements set out in this Article of the Convention. It requests the Government to indicate the effect given in law and in practice to these provisions of the Convention.

Article 20. Measures adopted to ensure cooperation between management and workers within the undertaking. The Government refers to Act No. 88-07 of 26 January 1988, without any further specification. The Committee requests the Government to provide additional information on the measures taken in law and in practice to give effect to the obligation of cooperation between the management and workers within the undertaking in relation to the organization of occupational safety and health.

Part V of the report form. 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 to attach extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the legislation, the number and nature of the violations reported, the number, nature and causes of the accidents reported, etc.