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

Occupational Health Services Convention, 1985 (No. 161) - Benin (Ratification: 1998)

Further to its observation the Committee would like to raise the following issues:

The Committee notes the information provided regarding the effect given to Article 5(i) of the Convention. It also notes that the Government indicates that Inter-Ministerial Order No. 31/MFPTRA/MSP/DC/SGM/DT/SST of 5 May 1999 is still under revision. The Committee requests the Government to provide a copy of the revised legislation as soon as it has been adopted.

Article 3(1). Progressive extension of the scope of the occupational health services. The Committee notes with interest that the National OSH Policy adopted by Decree No. 2007-410 of 31 August 2007 provides for a progressive extension of occupational health services specifically to the rural community, civil servants, and workers in the informal economy as well in local communities through the provision of a package of minimum occupational health services included in primary health care. The Government also indicates that the two health centres for workers previously referred to will be set up in the context of the Global Health Insurance Scheme (RAMU). The Committee encourages the Government to pursue its efforts gradually to extend the coverage of occupational health services and to continue to report on progress in this respect.

Article 4. Tripartite consultation. The Committee notes the information that the Consultative Technical Committee on Occupational Health and Safety set up by Decree No. 2000-178 of 11 April 2000 regularly holds three sessions per year and that the organizations consulted in that context includes for the employers: the National Council for Employers in Benin; the Council of Private Investors in Bénin; and for the workers; the Workers’ Trade Union Confederation in Benin (CSTB) (representing the public sector) and the Confederation of Autonomous Trade Unions of Bénin (CSA-Bénin) (representing the private sector). The Committee requests the Government to continue to provide information on the consultations held with representative organizations of employers and workers in the context of the further development and implementation of the National OSH Policy adopted in 2007.

Article 5(a). Risk identification and assessment. The Committee notes that in response to its previous comments in this respect, the Government also refers to the provisions in the 1998 Labour Code (Act No. 98-004 of 27 January 1998), including sections 185 and 187 et. seq. The Committee notes that while these provisions regulate a number of other issues relevant for occupational safety and health, they do not seem to contain a provision implementing this provision of the Convention. The Committee requests the Government to provide further information on measures taken to give effect to Article 5(a), of the Convention and on any relevant practice in relation thereto.

Article 5(b). Surveillance of housing provided by the employer. The Committee notes that, in response to its previous comments in this respect, the Government refers to the provisions in the 1998 Labour Code (Act No. 98-004 of 27 January 1998). The Committee notes that section 182 enumerates the obligations incumbent of the employer, but that this section does not refer to any responsibilities of the employers in relation to housing provided by the employer as required under this provision of the Convention. The Committee requests the Government to provide further information on measures taken to give effect to this provision of the Convention.

Article 5(k). Analyses of occupational accidents. The Committee notes that, in response to its previous comments the Government indicates that as it is difficult to specify a specific threshold of gravity that would justify an inquiry into an accident, the conduct of an inquiry should be the regular procedure and that the Government will therefore propose an amendment to section 189 of the Labour Code in this respect. The Committee requests the Government to provide information on any progress in this respect and to transmit copies of any relevant legislative amendments once they have been adopted.

Article 10. Professional independence. The Committee notes that the Government indicates that this provision is not yet provided for in national legislation but will be taken into account in the context of the legislative review to be undertaken of the Labour Code and of the Inter-Ministerial Order No. 31/MFPTRA/MSP/DC/SGM/DT/SST of 5 May 1999. The Committee requests the Government to provide information on any progress in this respect and to transmit copies of any relevant legislative amendments once they have been adopted.

Part VI of the report form. Application in practice. The Committee notes that the report contains no information regarding the application in practice of the Convention from, for example, the inspection services. The Committee reiterates its request to the Government to provide it with information on the application in practice of the measures taken to ensure the implementation of the Convention, including extracts from inspection reports and relevant statistics.