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

Occupational Health Services Convention, 1985 (No. 161) - Niger (Ratification: 2009)

Legislation. The Committee previously noted Act No. 2012-045 of 25 September 2012, issuing the Labour Code, which provides in section 148 that each employer shall provide an occupational health service for the workers employed. The Committee notes that the Government, in reply to its request to indicate in detail the relevant legislative provisions giving effect to the Articles of the Convention, provides general information in its report on the application of several Articles of the Convention. It also notes the indication that the regulations of the Labour Code, which will take into account the requirements of the Convention, are in the process of being adopted. The Committee therefore requests the Government to provide a copy of the relevant regulatory part of the Labour Code as soon as it is adopted. It also requests the Government to provide the following additional information.

Article 2 of the Convention. Formulation, implementation and periodic review, in consultation with the most representative organizations of employers and workers, of a coherent national policy on occupational health services. The Committee notes the Government’s indication that the national occupational safety and health (OSH) policy is currently being developed in collaboration with the social partners and the relevant technical services. The Committee requests the Government to provide information on any progress achieved in this respect and to provide a copy of the policy once it has been adopted.

Article 3. Progressive development of occupational health services for all workers. The Committee notes the Government’s indication that where an enterprise does not have the capacity in practice to provide the permanent services of a health practitioner, sections 381 et seq. of the regulations provide for the possibility for the enterprise to conclude a health care agreement with the health services. The Committee requests the Government to provide detailed information on the extent to which workers benefit in practice from health services in all sectors, all branches of activity and all enterprises. The Committee requests the Government to provide a copy of the relevant regulations.

Article 4. Consultation of the most representative organizations of employers and workers. The Committee requests the Government to describe the manner in which the most representative organizations of employers and workers were consulted on the measures taken to give effect to the provisions of the Convention.

Article 5. Functions of occupational health services. The Committee notes the Government’s indication that occupational health services are essentially responsible for the prevention of occupational hazards, an administrative function through the collection of data, and an advisory, information and awareness-raising function for the social partners. The Committee requests the Government to provide additional information on the manner in which the risks of the enterprise are taken into account in the determination of the functions of occupational health services and the extent to which the functions enumerated in clauses (a) to (f) of this Article are carried out.

Article 8. Participation of employers and workers in the implementation of the organization of occupational health services. The Committee notes that, under the terms of section 145 of the Labour Code, establishments or enterprises usually employing at least 50 workers shall establish an OSH committee composed of the employer, or his or her representatives, and representatives of the staff. Labour inspectors may call for the establishment of an OSH committee in establishments with a lower number of workers in certain circumstances (particularly by reason of the specific hazards of the activity, the significance of the risks identified, etc.). The Committee requests the Government to provide additional information on the measures taken to ensure that the employer, the workers and their representatives participate in the organization of occupational health services in enterprises or establishments with fewer than 50 workers.

Articles 9 and 11. Multi-disciplinary health services. Composition of health services. Collaboration with other services. Qualifications required for the personnel of health services. The Committee notes the Government’s indication that, in accordance with sections 354 et seq. of the regulations of the Labour Code, medical and paramedical personnel practicing in an enterprise and their numbers are dependent on the number of employed persons. The Committee requests the Government to provide additional information on the composition of the personnel of health services, and particularly on their multi-disciplinary nature and on the qualifications required for the personnel. It also requests the Government to provide information on the manner in which their collaboration is ensured with other enterprise services, as well as cooperation between occupational health services. The Committee requests the Government to provide a copy of the regulations concerned.

Article 10. Professional independence of the personnel providing occupational health services. The Committee notes the Government’s indication that in practice medical ethics prohibit the employer being informed of any information obtained through the medical examination of employed persons. The Committee requests the Government to provide additional information on the measures taken in law and practice to ensure the full professional independence of the personnel of health services in relation to all of the functions set out in Article 5.

Article 12. Surveillance of workers’ health without loss of earnings. The Committee requests the Government to provide information on the measures adopted to ensure that the surveillance of workers’ health in relation to their work does not involve any loss of earnings for them, and particularly that it is free of charge and takes place as far as possible during working hours.