Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) - Niger (Ratification: 1993)

Legislative developments. In its report, the Government indicates that as part of the revision of the Labour Code, the regulatory part, which is being adopted, will contain provisions aimed at giving effect to the requirements of the Convention, particularly Articles 4, 9, 11(1) and (2), 12 and 15, the application of which was referred to in the Committee’s previous comment. The Committee requests the Government to continue providing information on the progress made towards adopting the regulatory part of the Labour Code, particularly the provisions giving effect to Articles 4 (measures for the prevention of occupational hazards due to air pollution, noise and vibration); 9 (prevention of hazards related to air pollution, noise and vibration by technical measures); 11(1) and (2) (free medical examinations prior to and during employment); 12 (notification of the use of processes, substances, machinery and equipment to the competent authority); and 15 (obligation of the employer to appoint a competent person or use a competent service) of the Convention and to provide a copy of the text once it has been adopted.

Article 5(1) of the Convention. Consultations between the competent authority and the most representative organizations of employers and workers concerned. Further to its previous comment, the Committee notes the Government’s indication that 18 members of the Technical Advisory Committee on Occupational Safety and Health, the tripartite body responsible for examining occupational safety and health issues, were appointed under Order No. 2619/MET/SS of 23 December 2013. It further notes that the Committee meets at the request of its Chair and that, to date, it has been convened only once in order to examine the issue of revising schedules of occupational diseases and the framework document on the national occupational safety and health policy. Moreover, the Committee notes that the Government refers to Order No. 0365 of 16 March 2012 on the establishment, remit and composition of the National Coordinating Body of Occupational Safety and Health Committees, the mandate of which is to contribute to improving the protection of the working environment and working conditions. To this end, it contributes to the establishment of a common strategy for the prevention of occupational hazards and promotes research on occupational health and safety. The Government adds that the National Coordinating Body is assisted by regional branches. Lastly, the Government indicates in its report that the social partners provide state structures, such as the Occupational Health and Safety Directorate and the labour inspectorate, with considerable support. The Committee requests the Government to continue providing information on the activities of the Technical Advisory Committee on Occupational Safety and Health and, if possible, to send a copy of any opinions relating to measures to prevent occupational hazards due to air pollution, noise and vibration. It also requests the Government to provide further information on the composition of the National Coordinating Body of Occupational Safety and Health Committees, including a copy of Order No. 3065 of 16 March 2012, and its activities relating to the prevention of occupational hazards, particularly the establishment of a common prevention strategy.

Article 8(2) and (3). Regular revision of criteria and exposure limits and designation of technically competent persons. Further to its previous comment, the Committee notes that the Government reiterates that technically competent persons are designated by the Occupational Safety and Health Directorate, in collaboration with the prevention service of the National Social Security Fund. The Committee once again recalls that, under Article 8(2) of the Convention, the competent authority shall take into account the opinion of technically competent persons designated by the most representative organizations of employers and workers. Furthermore, the Committee notes the Government’s indication that the schedules of occupational diseases have recently been revised. The Committee requests the Government to take the necessary steps to ensure compliance with the requirements of Article 8(2). It also requests the Government to indicate the manner in which criteria for determining the hazards of exposure to air pollution, noise and vibration, as well as exposure limits, are established and revised regularly.

Article 11(3). Provision of alternative employment or other measures to ensure income maintenance. In response to the Committee’s previous comment, the Government indicates that, when a worker is exposed to an occupational hazard, the labour inspector or occupational physician recommends her or his reassignment so that the worker’s new occupational capacities are taken into account and her or his income is maintained. The Committee requests the Government to indicate the provisions of the laws or regulations on providing workers with alternative employment on medical grounds and on income maintenance.

Article 16. Measures of application and penalties. With reference to its previous comment in which it noted the absence of penalties for non-observance of the legislation on silicosis-related risks in mines and quarries, the Committee notes the Government’s indication that it has no information on the adoption of a decree to this effect and that it will be sent at a later date. The Committee requests the Government to provide information on any new developments in this regard and, if adopted, to provide a copy of the decree.

Application in practice. The Committee notes the concise information provided by the Government, indicating that the Convention is applied throughout the country, in all branches of activity. The Committee once again requests the Government to provide information and statistics on the manner in which the Convention is applied in practice, including the number of workers covered by the relevant legislation, the inspections carried out, the number and nature of the violations detected, and the number, nature and causes of the occupational accidents and cases of occupational diseases reported.