Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Occupational Safety and Health Convention, 1981 (No. 155) - Nigeria (Ratification: 1994)

With reference to its observation, the Committee requests the Government to provide information on the following additional points:

Legislation. The Committee notes the information that a new Occupational Safety and Health Bill (OSH Bill) is before the National Assembly. The Committee hopes that the new legislation that is being developed will serve to implement the national policy in all relevant parts in full conformity with the Convention and requests the Government to transmit a copy of this new legislation, once it has been adopted.

Article 1 of the Convention. Scope. The Committee notes that, in response to its previous comment the Government refers to the National Policy, the draft OSH Bill and sections 49 and 87 of the Factories Act CAP F1 LFN 2004. The Committee notes that the referenced provisions of the Factories Act only create an entitlement for the competent authorities to legislate, but do not ensure a full implementation of Article 1. The Committee requests the Government to provide detailed information on the provisions of the draft OSH Bill implementing this Article of the Convention.

Articles 4(1) and 7. Obligation to periodically review the national policy and national situation regarding occupational safety and health. The Committee notes that, according to section 10.0 of the National Policy adopted in 2006, the competent authority shall review the policy adopted every three years in collaboration with workers’ and employers’ organizations and other relevant stakeholders. It also notes that in its response in relation to the application of Article 7, the Government refers to the draft OSH Bill that is being developed. The Committee requests the Government to provide further information on the reviews carried out of the national policy since its adoption, on the methods used or envisaged to be used for reviewing the situation regarding occupational safety and health, and on any modifications adopted to the national policy as a result of the review processes.

Articles 4(1), 5(b)–(e), 8, 14, 19(a)–(c) and (e)–(f). Implementation of policy in the areas of relationships between the material elements of work and the persons who carry out or supervise the work; training; communication and cooperation; protection of workers from disciplinary measures; inclusion of occupational safety and health at all levels of education and training; and arrangements made at the level of the undertaking ensuring suitable conditions for all aspects of cooperation between employers, workers, their representatives, consultations with them and their training. The Committee notes the brief statement by the Government that these issues are covered by the national policy. With reference to its previous comments and the requirements in Articles 4(1) and 8, the Committee requests the Government to provide detailed information on measures taken to implement these provisions by laws or regulations or by any other method consistent with national conditions and practice.

Article 11(b), (e) and (f). Functions to be carried out progressively including the determination of work processes and of substances and agents, the exposure to which is to be controlled by the competent authority; the annual publication of information on occupational accidents, occupational diseases and other injuries to health; and systems to examine chemical, physical and biological agents in respect of the risk. The Committee notes that the report is silent on the application of these provisions but that in its previous reports, the Government indicated that the OSH Bill included provisions ensuring the carrying out of functions enumerated in the indicated subparagraphs of Article 11. The Committee requests the Government to provide detailed information on the provisions of the draft OSH Bill implementing Article 11(b), (e) and (f) of the Convention.

Article 12. Obligations of those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee notes the Government’s reference to the OSH Bill in response to its previous comments. The Committee requests the Government to provide detailed information on the provisions of the draft OSH Bill implementing this Article of the Convention.

Article 13. Protection from undue consequences of a worker. The Committee notes that the report is silent on as regards the application of the present provision. The Committee requests the Government to provide detailed information on measures taken to implement this provision by laws or regulations or by any other method consistent with national conditions and practice.

Article 15. Arrangements, made after consultations with representative employers’ and workers’ organizations, to ensure the necessary coordination between various authorities and bodies making activities within the OSH policy at the national level. The Committee notes the brief response by the Government that coordination and consultation started from the very beginning of the activities. In this context, the Committee would like to recall that the need also to ensure a proper coordination with the authorities responsible for activities under the Minerals and Mining Act, 1999. The Committee requests the Government to provide further information on existing and envisaged coordination and cooperation mechanisms to ensuring the required coherence of the national policy referred to in Article 4.

Article 17. Cooperation between two or more undertakings engaging in activities simultaneously at one workplace. The Committee notes the absence of information regarding the implementation of the present provision of the Convention. The Committee requests the Government to provide detailed information on measures taken to implement this provision by laws or regulations or by any other method consistent with national conditions and practice.

Article 19(d). Appropriate training in OSH for workers and their representatives in the undertaking. The Committee notes the response by the Government that the specific training programmes carried out by the National Industry Safety Council of Nigeria include workshops on: occupational safety and health awareness; industrial accident and disease prevention training; confined space safety training; fire prevention and control training; and first-aid training but that no further information is provided on measures taken to ensure training at the level of the undertakings. The Committee requests the Government to provide further information on measures taken to ensure there are arrangements at the level of the undertaking under which workers and their representatives in the undertaking are given appropriate training in occupational safety and health.

Part V of the report form. Application in practice. The Government is requested to give a general appreciation of the manner in which the Convention in applied in the country, and attach extracts from inspection reports and, where such statistics exist, information on the number of workers covered by legislation, the number and nature of the contraventions reported, the number, nature, and cause of the accidents reported, etc.