Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Occupational Safety and Health Convention, 1981 (No. 155) - Mauritius (Ratification: 2014)

The Committee notes the first report provided by the Government.

Article 5(b) of the Convention. Relationships between the material elements of work and the persons who carry out or supervise the work. The Committee notes the Government’s brief statement that this provision of the Convention is covered by the national occupational safety and health (OSH) policy, according to which it is required to elaborate specific measures to be taken concerning physical, chemical, biological, ergonomic and psychosocial hazards at all workplaces. The OSH policy also requires designers, manufacturers, importers and suppliers to provide adequate information on the product for the user. However, the Committee notes that a number of elements of this provision do not seem to be covered by the policy or the OSH legislation, including the adaptation of working time, the organization of work and work processes to the physical and mental capacities of the workers. The Committee therefore requests the Government to provide further information on the extent to which the national policy on OSH takes into account all the elements listed in Article 5(b) of the Convention.

Article 5(e). Protection of workers and their representatives from disciplinary measures for actions properly taken in conformity with the policy. The Committee notes the Government’s indication that the OSH Act is currently being amended to bring it into conformity with this provision. The Committee requests the Government to provide information on any developments regarding the revision of the OSH Act, and particularly, on the manner in which it would give effect to this provision. The Committee also requests the Government to provide a copy of the OSH Act, once it has been amended.

Article 11(b). Functions to be carried out progressively including the determination of work processes and of substance and agents, the exposure to which is to be controlled by the competent authority or authorities; health hazards due to the simultaneous exposure to several substances or agents. The Committee notes the Government’s reference to section 67(1) of the OSH Act pursuant to which the handling, storage or use of any substances prohibited under regulations made by the Minister is prohibited. In addition, the OSH Act provides a list of substances hazardous to health in this respect. However, the Committee notes that the Government’s report does not contain information on any functions of the competent authority regarding the determination of work processes and on whether health hazards due to the simultaneous exposure to several substances or agents are taken into consideration in the application of this provision of the Convention. The Committee therefore requests the Government to indicate whether the competent authority has made arrangements to prohibit, limit or make subject to authorization certain work processes, and to provide information on the existence of mechanisms for examining health hazards due to simultaneous exposure to several substances.

Article 11(c) and (e). Establishment and application of procedures for the notification of occupational accidents and diseases by insurance institutions and the annual publication of information on measures taken in pursuance of the national policy. The Committee notes the Government’s indication that the necessary amendment to the OSH Act is under review, which will ensure the notification of occupational accidents and diseases by insurance institutions to the Director, Occupational Safety and Health. In addition, the Committee notes that the Government does not provide information on the effect given to Article 11(e) regarding the annual publication of information on the measures taken in pursuance of the national OSH policy. The Committee requests the Government to provide information on any developments regarding the revision of the OSH Act that will give full effect to Article 11(c) of the Convention. The Committee also requests the Government to provide information on the measures taken or envisaged to ensure the annual publication of information on the action taken in pursuance of the national OSH policy pursuant to Article 11(e) of the Convention.

Article 14. Measures for the inclusion of questions of occupational safety and health at all levels of education and training. The Committee notes the Government’s general statement that educational institutions at primary, secondary, tertiary and vocational levels, have already included or are in the process of incorporating occupational safety and health questions in their courses, which is also required under the national OSH policy. The Committee requests the Government to provide further information on the specific measures taken in this respect.

Article 19(b), (c) and (e). Rights of representatives of workers in the field of occupational safety and health. The Committee notes the Government’s indication that the necessary amendments are being made to the OSH Act in order to implement these provisions of the Convention. The Committee requests the Government to provide information on any progress with regard to the adoption of the amendments to the OSH Act in this respect, in particular on the manner in which it would give effect to these paragraphs of Article 19 of the Convention.

Article 20. Cooperation at the level of the undertaking. The Committee notes that, pursuant to section 5(3) of the OSH Act, every employer shall consult representatives of employees who sit on the safety and health committee with a view to the making and maintenance of arrangements, which will enable the employer and the employees to cooperate effectively in promoting and developing measures to ensure safety and health at work, and in assessing the effectiveness of such measures. The Committee notes that, in accordance with the wording of section 21 of the OSH Act, the establishment of a safety and health committee is required for employers employing 50 or more workers and that, where fewer than 50 workers are employed, it may be required by the competent authority. The Committee requests the Government to provide further information on arrangements made to ensure cooperation between management and workers and/or their representatives within undertakings employing less than 50 workers.