Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) - New Caledonia

The Committee notes the Government’s first report.

Article 2(2) of the Convention. Taking into account the principles set out in relevant ILO instruments. The Committee requests the Government to provide information on the manner in which the principles set out in ILO instruments relevant to the promotional framework for occupational safety and health (OSH), which appear in the annex to Promotional Framework for Occupational Safety and Health Recommendation, 2006 (No. 197), have been taken into consideration in the steps taken towards achieving progressively a safe and healthy working environment.

Article 2(3). Consideration of measures that could be taken to ratify the relevant ILO Conventions on occupational safety and health. The Committee notes that most of the up-to-date Conventions on occupational safety and health ratified by France have been declared applicable to New Caledonia, with the exception of the Occupational Cancer Convention, 1974 (No. 139) and the Workplace Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148). The Committee requests the Government to indicate whether any consideration has been given to the measures that could be taken to declare applicable relevant ILO Conventions on occupational safety and health to New Caledonia.

Article 3(1). Periodic review of the national policy. Consultation with the social partners. The Committee notes the Government’s indication that consultations have been held with the most representative organizations of employers and workers to discuss the formulation, implementation and periodic review of a national policy. It notes in this regard the role of the tripartite Advisory Committee on Labour, whose mandate includes periodically reviewing occupational risk prevention (section R.382-1 of the Labour Code) and issuing guidance on OSH measures that should be taken (sections Lp. 261-18 and R.261-3 of the Labour Code). The Committee requests the Government to provide further information on the manner in which the national policy on OSH is periodically reviewed in consultation with the social partners, and on the role of the Advisory Committee on Labour in this context.

Article 3(2). Promoting and advancing, at all levels, the right of workers to a safe and healthy working environment. The Committee notes the promotional activities cited by the Government, in particular the campaigns for World OSH Day, the morning seminars on prevention and the information sheet for employers on risk assessment, as well as the statistics provided on the decrease in the number of notifications of occupational accidents and diseases for the period 2010–14. The Committee requests the Government to continue to provide information on its promotional activities and their results, and to provide statistics as from 2015 on the advancement of the right of workers to a safe and healthy working environment.

Article 4(3)(c). OSH training. The Committee notes that the objectives of the 2006–08 OSH Plan included the development of training activities, including the compilation and updating of a directory of training bodies and of OSH training courses offered by the Directorate of Labour and Employment (DTE), and the integration of OSH in the training of young persons and in further training. The 2009–14 Plan included the provision of inter-institutional training to promote exchanges and complementary practices. The Committee requests the Government to provide additional information on the results of the initiatives taken to provide OSH training in the framework of the OSH Plans.

Article 4(3)(d). Occupational health services. The Committee notes the difficulties highlighted by the common social agenda for 2016–17 in relation to the loss of effectiveness of occupational medicine and the difficulties in recruitment, as well as the envisaged consultations on this issue between the social partners, the Occupational Inter-enterprise Medical Service and professionals in occupational medicine. The Committee requests the Government to provide information on the measures taken since to address the problems observed in the common social agenda.

Article 4(3)(g). Provisions for collaboration with relevant insurance or social security schemes covering occupational injuries and diseases. The Committee notes that the 2009–14 OSH Plan provided for continued operational coordination between the various risk prevention actors, including the Compensation Fund for Occupational Accidents (CAFAT). The Committee requests the Government to indicate whether this coordination has continued after the end of the 2009–14 OSH Plan.

Article 4(3)(h). Support mechanisms for microenterprises, small and medium-sized enterprises and the informal economy. Noting that the Government’s report and the OSH plans sent with the Government’s report to not provide information on this respect, the Committee requests the Government to indicate whether support mechanisms are in place for a progressive improvement of OSH conditions in microenterprises, in small and medium-sized enterprises and in the informal economy.

Article 5. National programme on OSH. The Committee notes the adoption of plans to promote OSH for 2006–08 and 2009–14. It notes that the focuses of the 2016–20 plan are the promotion of OSH among all actors, including the institutions representing staff; the strengthening of institutional partnerships; and the supervision and organization of professionals involved in occupational risk prevention. The Committee requests the Government to provide the annual reviews of the OSH Plan and to provide further details on the manner in which it is implemented, monitored, evaluated and periodically reviewed, as well as on the role of the social partners and the Advisory Committee on Labour in this process. The Committee also requests the Government to specify how the objectives, targets and indicators are integrated into the national programme on OSH and into the annual reviews of its implementation. Lastly, it requests the Government to continue providing copies of any adopted action plans and to indicate the steps taken to widely publicize the national programme.