Safety Provisions (Building) Convention, 1937 (No. 62) - Mauritania (Ratification: 1963)

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 13 (white lead) and 62 (safety provisions, building) together in a single comment.

1. White Lead (Painting) Convention, 1921 (No. 13)

Application of the Convention in practice. Further to its previous comments, the Committee notes that, according to the information provided by the Government in its report, in addition to the ordinary monitoring measures carried out by the various officials responsible for the enforcement of labour legislation, the General Directorate of Labour, in collaboration with the National Social Security Fund (CNSS) and the National Office for Occupational Medicine, organizes each year a national campaign for the application of labour legislation covering all sectors and all the regions of the country. During this campaign, monitoring teams are composed of labour inspectors and controllers, CNSS inspectors and occupational physicians. The Government indicates that no cases of morbidity or mortality caused by lead poisoning have been noted or reported to the public services. The Committee also notes a copy of the list of occupational diseases provided by the Government, which includes occupational lead poisoning. The Committee requests the Government to continue providing information on the control measures adopted to ensure the effective enforcement of the legislation in this respect, and statistics on cases of morbidity and mortality caused by lead poisoning, particularly in the construction sector.

2. Safety Provisions (Building) Convention, 1937 (No. 62)

The Committee recalls that, on the recommendation of the Tripartite Working Group of the Standards Review Mechanism (SRM), at its 334th Session (October-November 2018), the Governing Body confirmed the classification of Convention No. 62 as an outdated instrument and included an item on the agenda of the 112th Session of the International Labour Conference in 2024 for its abrogation. The Governing Body also requested the Office to follow up and encourage the ratification of the up-to-date instrument, the Safety and Health in Construction Convention, 1988 (No. 167), and to provide technical assistance to countries requiring the most support. The Committee therefore encourages the Government to give effect to the decision taken by the Governing Body at its 334th Session (October-November 2018) approving the recommendation of the SRM Tripartite Working Group and to consider ratifying Convention No. 167. The Committee reminds the Government of the possibility to avail itself of ILO technical assistance in this regard.

Article 6 of the Convention. Statistical information. The Committee notes the Government’s indication in response to its previous request that the measures taken to resolve the main causes of occupational accidents are the intensification of inspections of building and public works construction sites and awareness-raising through such activities as the open days organized by the Ministry of the Public Service, Labour and Administrative Modernization, where subjects related to hygiene, health and safety are covered with invited representatives from employers’ and workers’ organizations. However, the Government indicates that it is not in a position to provide reliable statistics on the number of workers employed in the construction sector due to the inconsistent levels of activity in the sector. The Committee also notes that the Government’s report does not contain information on the number and classification of accidents suffered by persons engaged in work on construction, repair, alteration, maintenance and demolition sites for all types of buildings. The Committee requests the Government to continue providing information on the measures adopted or envisaged to resolve the main causes of occupational accidents. It also requests the Government to provide information on the measures adopted or envisaged to ensure the compilation of statistics on the number of workers employed in the construction sector and on the number and nature of the accidents reported in the sector.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 6 of the Convention. Statistical information. In its previous comments, the Committee requested information on the measures taken to resolve the main causes of occupational accidents. In this regard, the Committee notes the Government’s indication in its report that the use of personal and collective safety equipment is required with a view to resolving the main causes of occupational accidents, and non-compliance with this requirement may result in penalties against the workers. It also notes that the programme has been launched to determine employment policy and to reorganize the labour market information system, with a view to obtaining information on the number and the classification of accidents occurring to persons occupied in work within the scope of the Convention. The Government indicates that seven fatal accidents were reported by the relevant services of the National Social Security Fund (CNSS), three of which occurred in the mining industry and four in various other sectors. The Committee notes, however, that no information has been provided on the number of workers employed in the construction sector or on the number or nature of the accidents reported in this sector. The Committee requests the Government to provide further information on the measures taken or envisaged to resolve the main causes of occupational accidents and to provide further statistical information on the number of workers employed in the construction sector and on the number and nature of the accidents reported in this sector.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 6 of the Convention. Statistical information. The Committee notes the observations of the Free Confederation of Mauritanian Workers (CLTM), received on 31 August 2014, and the Government’s reply, received on 13 October 2014. The CLTM states that the statistical information on the number of occupational accidents provided by the Government is inaccurate and that the actual number of accidents, which according to the CLTM are mainly caused by the lack of supervision in workplaces and the lack of use of protective tools and equipment, is much higher. In response to the observations of the CLTM, the Government indicates that the labour inspectors and controllers perform their duties daily in order to ensure that labour legislation and regulations are applied, namely with regard to the use of personal and collective protective equipment by workers, and that infringements are subject to penalties. It also specifies that, while the CLTM has recorded 60 occupational accidents (one of which was fatal) in 2014, the competent services of the National Social Security Fund (CNSS), whose sources it considers more reliable, recorded 263 occupational accidents, two of which were fatal.

Furthermore, the Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session in 2015. Consequently, the Committee refers to its previous direct request and once again requests the Government to provide information on measures undertaken or envisaged to address the principal causes of workplace accidents, and to provide further statistical information on the number and nature of accidents reported.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the information provided in the Government’s latest report in response to the Committee’s previous comments and the adoption of a new Labour Code on 6 July 2004 (No. 2004-017) on general health and safety measures applicable to workers in all workplaces, which gives further effect to the provisions of the Convention. The Committee asks the Government to continue to provide information on legislative measures giving further effect to the Convention.

Article 6 of the Convention. Statistical information. The Committee notes the Government’s response to its previous comment indicating that, pursuant to section 240 of the Labour Code, the employer is required to notify a labour inspector within 48 hours of any workplace accidents or occupational diseases. The information obtained by the labour inspector, with reference to workplace accidents and occupational diseases, and information provided in specific forms addressed to the National Social Security Fund (CNSS), forms the basis of determining the principal causes of accidents. The Committee notes the information provided indicating that there are 95 employers operating in the building sector, employing some 2,100 workers, and that there were 40 workplace accidents recorded in 2007. The Committee also notes the information indicating that the principal causes of workplace accidents are accidents in work transport vehicles, falling objects, use of work tools, and slips. The Committee asks the Government to provide information on measures undertaken or envisaged to address the principal causes of workplace accidents, and to continue to provide statistical information on the number and nature of accidents reported. The Committee also reiterates its request that the Government indicate, with reference to information provided in the Government’s 1999 report on the Convention, whether the programme for determination of employment policy, and the reorganization of the information system concerning the employment market, has been implemented so as to obtain information on the number and classification of accidents occurring to persons engaged in the work covered by the Convention.

The Committee draws the Government’s attention to the Safety and Health in Construction Convention, 1988 (No. 167), which revises this Convention and which may be better suited to the current situation in the building industry. It reminds the Government that the ILO Governing Body invited States parties to this Convention to examine the possibility of ratifying the Safety and Health in Construction Convention, 1988 (No. 167), the ratification of which implies ipso jure immediate denunciation of Convention No. 62 (document GB.268/8/2). The Committee requests the Government to keep it informed of any developments in this regard.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the brief information provided by the Government in reply to its previous comments. It wishes to draw the Government’s attention to the following point.

Article 6 of the Convention. Statistical information. The Committee notes the Government’s indication that it does not have precise statistics regarding the number of workers occupied in the building industry, and that it only has information concerning the number of occupational accidents reported to the National Social Security Fund (CNSS) for 1997. These are accidents which resulted in permanent disability or partial disability, 2 per cent of which in the building sector are due to falls from a height. The other accidents are characterized by injuries which were often minor but which still resulted in 117 lost working days. While noting this information, the Committee requests the Government to indicate the source of information for the statement concerning the principal causes of accidents. It also requests the Government to provide statistical information on the occupational accidents reported to the National Social Security Fund (CNSS) after 1997. In this regard, the Committee refers to its previous comments, in which it noted that a programme for the determination of employment policy and reorganization of the information system concerning the employment market would be implemented and that it would consequently be able to obtain information on the number and classification of accidents occurring to persons engaged in the work covered by the Convention. The Committee requests the Government to indicate whether this programme has been implemented and, if so, to communicate statistical information obtained in this regard. The Committee hopes that the Government will soon be in a position to provide the statistical information required by Article 6 of the Convention, and that this will also show the number of persons occupied in the building industry and covered by the statistics.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Article 6 of the Convention. The Committee notes that the Government, in its report received in March 1999, expressed the hope that, subsequent to implementation of the programme for the definition of employment policy and reorganization of the information system on the employment market, it would be possible for it to obtain information on the number and classification of accidents occurring to persons engaged in the work covered by this Convention and communicate them to the International Labour Office. The Committee notes that no statistical information is included in the report sent in 2001 and hopes that this information will be communicated shortly and will show the number and classification of accidents as well as the number of persons engaged in the building industry and covered by the statistics.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

1. Article 13, paragraph 2, of the Convention. With reference to its previous comments, the Committee notes with interest that Order No. 030 of 26 May 1992 establishes the minimum age of persons in control of hoisting machinery or responsible for giving signals to the operators.

2. Article 6. For a number of years, the Committee has been noting that States which ratify the present Convention undertake to communicate to the International Labour Office the most recent statistical information on the number and classification of accidents occurring to persons occupied on work within the scope of the Convention. It notes that the Government has not provided this information since 1967. In its report concerning the application of the Convention for the period ending 30 June 1989, the Government stated that the statistical information requested was not available and that it was its intention to forward such information in the near future. The Committee hopes that this information will be supplied in the near future and that it will also show the number of persons occupied in the building industry and the number of persons who are covered by the statistics.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

Article 6 of the Convention. The Committee draws the Government's attention to the fact that, by virtue of this Article, all Members that have ratified the Convention must communicate to the International Labour Office the statistical information on the number and classification of accidents sustained by persons occupied in the building sector. It notes that the Government has not provided this type of information since 1967. The Government indicates in its report that the statistical information required is not at present available and will be transmitted to the ILO in the near future. The Committee would be grateful if the Government would provide this information in its next report.

Article 13, paragraph 2. The Committee refers to the comments it has been making for a number of years on the need to give effect to the provision of the Convention that specifies a minimum age to be fixed by the national legislation for the operation of hoisting machine or for giving signals to the operator. It notes from the Government's report that the draft Labour Code has not yet been adopted by the competent authority with the result that the Order drawn up during the direct contacts of 1979 to bring the national regulations into harmony with Article 13, paragraph 2, of the Convention has not yet been published. The Committee again expresses the hope that the Order in question will be adopted as soon as possible and that the Government will be able to provide a copy of it.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

Further to its previous comments concerning the need to bring section 42 of Order No. 10281 of 2 June 1965 into conformity with Article 13, paragraph 2, of the Convention (which requires that a minimum age be fixed for the operation of hoisting machines or for giving signals), the Committee noted from the last report that no progress had been made. The Government has repeated that it intends to publish the Order drafted during the direct contacts in 1979, once the new Labour Code has been adopted. The Committee trusts that the Government will do everything possible to ensure that real progress is made and that this Order will be adopted in the very near future. The Committee again requests the Government to communicate with its next report the statistical information requested under Article 6 of the Convention.

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The Committee hopes that the Government will make every effort to take the necessary action in the very near future.