Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Occupational Safety and Health Convention, 1981 (No. 155) - Cabo Verde (Ratification: 2000)

The Committee has been informed that technical assistance from the Office, aimed at ensuring an effective follow-up to its comments on the application of the Convention, is currently in progress. The Committee hopes that this technical assistance will enable the Government to improve its application of the Convention, and asks the Government to provide detailed information in its next report on the outcome of this technical assistance.

Article 4(1) and (2) of the Convention. Obligation to formulate, implement and periodically review a coherent national policy on occupational safety and health and the working environment. Consultation of the most representative organizations of employers and workers. Principle of prevention. Article 5. Spheres of action of the policy. Article 7. Review of the situation regarding occupational safety and health and the working environment at appropriate intervals. The Committee has been informed that the Government is in the process of formulating a national policy on occupational safety and health (OSH). The Committee notes the Government’s indication in its report of the need to reinforce mechanisms to promote ongoing improvements in the national OSH system and to set up a competent body to formulate, analyse and periodically review a coherent national policy in this sphere. It also notes that the Labour Consultation Council (CCS) is a tripartite advisory body responsible for the harmonization of policies in the areas of economic and social issues, employment, labour relations, wages and dialogue between the State, employers and workers. The CCS meets twice a year. With reference to its 2009 General Survey on occupational safety and health (paragraphs 54–59), the Committee recalls that under this article the State, in consultation with the most representative employers’ and workers’ organizations, must formulate, implement and periodically review a coherent national policy in this sphere. This presupposes an ongoing process of implementation and periodic review, in consultation with the social partners, in order to evaluate its application in practice and identify areas for future improvement. The review of national policy provided for in Article 4 must comprise a factual review of the national situation as provided for in Article 7 (paragraphs 76–78) of the General Survey). The Committee also emphasizes the need to take into account the five spheres of action described in Article 5 of the Convention in the formulation of policy. The Committee requests the Government to supply details of the new policy and provide information on any progress made with regard to the mechanisms for formulating, implementing and reviewing national policy.

Article 6. Respective functions and responsibilities. The Committee notes the legislation communicated by the Government, namely: Legislative Decree No. 58/78 of 15 July 1978, as well as Legislative Decree No. 84/78, Legislative Decree No. 86/78 and Directive No. 61/78 of 22 September 1978. However, it notes that these texts do not provide the information referred to in this Article of the Convention. The Committee requests the Government to indicate the respective functions and responsibilities in respect of occupational safety and health and the working environment of public authorities, employers, workers, and other interested parties.

Article 8. Measures intended to give effect to the national OSH policy. Legislation. The Committee notes with interest section 139 of the Labour Code, which provides that the Government shall define by special decree, after consultation with the employers and the competent trade unions, health and safety standards applicable to various sectors of activity, and the adoption of Legislative Decree No. 64/2010 of 27 December 2010 concerning health and safety on temporary or mobile construction sites. The Committee requests the Government to continue to supply information on the measures taken to give effect to the national policy, in consultation with the representative employers’ and workers’ organizations concerned.

Article 9(1) and (2). Activities and functioning of an adequate and appropriate system of inspection. The Committee notes the information provided by the Government in relation to its comments on the application of this Article. The Committee notes in particular the Government’s indication that the inspection team has been reinforced by the arrival of 13 inspectors who have duly received initial training in OSH. The Committee also notes Legislative Decree No. 13-2012 of 4 May 2012 approving the internal regulations of the labour inspectorate. The Committee will take account of this information in the context of its comments relating to the application of the Labour Inspection Convention, 1947 (No. 81).

Article 11(a)–(f). Obligation of the competent authorities to ensure that certain functions are progressively carried out. The Committee notes sections 17–18 of the internal regulations of the labour inspectorate, which establish the procedure for the notification of occupational accidents and diseases and the drawing up of statistics, in accordance with Article 11(c) of the Convention. It also notes section 31(2)(c) of the regulations, which covers the holding of inquiries into occupational accidents, thereby giving partial effect to Article 11(d). The Committee requests the Government to provide information on the holding of inquiries where cases of occupational disease or any other injuries to health which arise in the course of or in connection with work appear to reflect situations which are serious (Article 11(d)). It also requests the Government to provide information on the efforts made to ensure that the functions described in clauses (a), (b), (e) and (f) are progressively carried out.

Article 12(a)–(c). Responsibility of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee notes Legislative Decree No. 28/87 of 20 May 1987 and Directives Nos 63/97 and 64/97 of 15 September 1997, which regulate the import and marketing of plant health products and are based on the implementation of the International Code of Conduct for the distribution and use of pesticides of the United Nations Food and Agriculture Organization (FAO). The Committee requests the Government to continue to provide information on the application of Article 12 in law and in practice.

Articles 13 and 19(f). Protection of workers who have removed themselves from situations presenting an imminent and serious danger. The Committee notes the Government’s reference to section 241(1)(e) of the Labour Code in relation to the application of Article 13 of the Convention. According to this provision of the Labour Code, in the event of imminent and serious danger, the worker has the right to consider himself dismissed and entitled to compensation provided for in section 238. The Committee emphasizes that this provision does not give full effect to Article 13 of the Convention. Article 13 of the Convention applies to situations which are not permanent (imminent danger); the Government is required to give legal effect to this Article of the Convention and employers are required to rectify the situation. The Committee refers to paragraphs 26 and 145–152 of its 2009 General Survey on the Convention. Paragraph 145 states as follows: “Article 13 requires, in accordance with national conditions and practice, the protection of workers against “undue consequences” for removing themselves from a work situation if they have “reasonable justification to believe” that it presents “an imminent and serious danger” to their life or health. Article 19(f) complements this provision. It prescribes that the arrangements that should be in place at the workplace should include arrangements according to which workers must report “forthwith” to their “immediate supervisor” any such situations representing imminent and serious dangers. Article 19(f) also provides that the employer cannot require workers to return to a work situation where there is a continuing imminent danger until the employer has taken remedial action, if necessary. Articles 13 and 19(f) read with Article 5(e) mean that no disciplinary action can be taken against workers who remove themselves from work if the following conditions are met: (a) the workers concerned have a reasonable justification to believe that there is an imminent and serious danger to their life or health; (b) they comply with the workplace arrangements contemplated in Article 19(f); and (c) the actions by the workers have been properly taken in conformity with the national policy pursuant to Article 4.” The Committee requests the Government to take the necessary steps to give effect to Articles 13 and 19(f) of the Convention and to supply information in this respect.

Article 15. Coordination between institutions. The Committee notes that the Government has not supplied any information on the application of this Article of the Convention. The Committee recalls that systems for coordination and cooperation between the various authorities and bodies responsible for the administration of the national OSH system are necessary to ensure the coherence of action at all levels and to facilitate the transmission of information and access to it. The Government may find more detailed information on coordination in Paragraph 7 of the Occupational Safety and Health Recommendation, 1981 (No. 164), and in paragraphs 84–89 of the 2009 General Survey on the Convention. The Committee requests the Government to supply information on the coordination mechanisms that are in place.

Article 21. Occupational safety and health measures to be provided at no cost to the workers. The Committee notes the information provided by the Government in relation to its comments on the application of this Article.

Article 10. Guidance for employers and workers. Article 20. Cooperation between management and workers and/or their representatives within the undertaking. The Committee refers to its previous comments and requests the Government to supply information on the application of these Articles in law and in practice.

[The Government is asked to reply in detail to the present comments in 2013.]