Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

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

Article 11(e) of the Convention. Annual publication of information on measures taken in pursuance of the national policy and application of the Convention in practice. The Committee notes the detailed information included with the Government’s report on occupational accidents between 2017 and 2021. The Committee notes with concernthe recent increase in the number of occupational accidents: from 238 in 2019 (of which 5 were fatal) to 782 in 2020 (of which 9 were fatal) and 1,112 in 2021 (of which 3 were fatal). The Committee also notes that, as the Tripartite OSH Commission is not functioning, the Commission has not been able to make public the results obtained with regard to the National OSH Policy. The Committee also notes that, while hospitals are required to collect and report to the General Labour Inspectorate data on the diagnosis of occupational diseases, the reports of the labour inspection offices do not contain statistics on this subject. Noting the increase in the number of occupational accidents, the Committee urges the Government to take all necessary steps to strengthen preventive OSH measures and to provide information on the reasons for this increase. In addition, it requests the Government to provide information on any measures taken or envisaged to ensure the annual publication of information on the measures taken under the National OSH Policy. With regard to occupational diseases, the Committee refers to its comment in relation to the Labour Inspection Convention, 1947 (No. 81), on the elements to be included in the reports of the labour inspectorate.

Articles 13 and 19(f). Protection of workers who have removed themselves from situations presenting an imminent and serious danger. In response to the Committee’s previous comment, the Government indicates that Decree-Laws Nos 55/99 and 64/2010 set out the OSH obligations of the different stakeholders and that the General Labour Inspectorate, which has carried out several awareness-raising activities on OSH, is obliged to verify compliance with these provisions. In addition, the Committee notes the Government’s indication that the labour inspection services have the power to suspend the activities of any enterprise that endangers the safety and health of workers and reserve the right to impose a fine. The Committee notes that while section 241 of the Labour Code provides that workers may terminate the employment relationship in the event of a serious threat to their health or physical integrity and receive compensation, there is no provision for the protection of workers who have withdrawn from a work situation which they had reasonable cause to believe presented an imminent and serious danger to their life or health, as required by Articles 13 and 19(f) of the Convention. The Committee reiterates its request to the Government to give effect to the above-mentioned Articles of the Convention and to provide information on any progress made in this regard.

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