Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

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

Article 4 of the Convention. Formulation, implementation and periodic review of a coherent national policy on occupational safety, occupational health and the working environment. Consultation with the most representative organizations of employers and workers. Article 8. Measures to give effect to the national policy. In its previous comment, the Committee noted the participation of the country in an ILO technical assistance programme, including the organization of a tripartite workshop in August 2013 with the objective of developing a national policy. It noted that, following the workshop, a national occupational safety and health (OSH) profile was developed and the principle elements of the national policy identified. The Committee notes with satisfaction the information provided by the Government in its report that the National Occupational Safety and Health Policy was unanimously approved by the Social Dialogue Council and adopted by Resolution No. 20/2014 of 14 March 2014 of the Council of Ministers. The objective of the National Policy is to promote and maintain at the national level the highest level of physical, mental and social well-being of workers in all occupations and professions and to prevent accidents and health effects which are the consequence of work or are related to work, or occur during work, with a view to reducing to a minimum, in so far as is reasonably possible, the causes of risks inherent in the working environment. The Committee notes that Resolution No. 20/2014 also establishes a Tripartite Occupational Safety and Health Commission responsible for following up the implementation of the National Policy and periodically proposing its revision, within the framework of a continuous improvement process. The Resolution also provides that an executive committee, composed of two representatives of the Ministry responsible for labour matters and two representatives of the Ministry responsible for health matters, is responsible for coordinating and supervising the implementation of the National Policy and the national OSH plan. The Committee requests the Government to provide information on the measures taken by the Tripartite Occupational Safety and Health Committee in the context of the implementation of the National Policy, and the frequency envisaged for the review of the National Policy.

Articles 13 and 19(f). Protection of workers who have removed themselves from situations presenting an imminent and serious danger. In its previous comment, the Committee noted the Government’s indications that the legal framework still needed to be adopted to give full effect to these Articles. However, the Committee notes that the Government limits itself in its report to referring to section 241(1)(e), (3) and (4) of the Labour Code, which authorize workers to terminate the employment relationship, particularly in cases of serious risks to their health or threats to their safety. In such cases, workers are entitled to compensation calculated on the basis of their years of service. The Committee observes that these provisions do not specifically cover the requirements set out in Articles 13 and 19(f) of the Convention. The Committee once again requests the Government to give effect to these Articles of the Convention and to provide information on this subject.

The Committee is raising other matters in a request addressed directly to the Government.