Hygiene (Commerce and Offices) Convention, 1964 (No. 120) - Democratic Republic of the Congo (Ratification: 1967)

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

In order to provide an overview of the issues relating to the application of the ratified Conventions on occupational safety and health, the Committee considers it appropriate to examine the Safety Provisions (Building) Convention, 1937 (No. 62), the Guarding of Machinery Convention, 1963 (No. 119), and the Hygiene (Commerce and Offices) Convention, 1964 (No. 120), together.

Application in practice of Conventions Nos 62, 119 and 120. In response to its previous comment on this matter, the Government refers the Committee to the 2020 and 2021 reports on the work of the General Labour Inspectorate. Noting that these reports have not reached the Office, the Committee refers to the comments it is making under the Labour Inspection Convention, 1947 (No. 81) on the obligation of preparing an annual labour inspection report. In addition, the Committee once again requests the Government to provide statistical data on the number and nature of infringements reported in the construction, commerce and office sectors, and also those relating to the use of machinery, as well as the number, nature and causes of industrial accidents and occupational diseases which have been reported.

Protection in specific branches of activity

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

Further to the decision of the ILO Governing Body, taken at its 334th Session (October–November 2018), on the recommendation of the Standards Review Mechanism Tripartite Working Group (SRM TWG), to add an item concerning the abrogation of Convention No. 62, an outdated instrument, to the agenda of the 112th Session of the International Labour Conference (2024), the Committee, in its previous comment, encouraged the Government to consider ratifying the updated instrument, namely the Safety and Health in Construction Convention, 1988 (No. 167). The Committee duly notes the Government’s indication in its report that it will send a request to the Office in the course of 2023 for technical assistance with a view to ratifying Convention No. 167. In this regard, the Committee notes that the Democratic Republic of the Congo is part of a Decent Work Country Programme for 2021-2024, during which the Office has undertaken to continue to provide the Government with technical assistance in order to, in particular, promote the ratification of the relevant Conventions. While welcoming the information from the Government, the Committee encourages it to continue to follow up the decision adopted by the Governing Body at its 334th Session (October–November 2018) approving the recommendation of the SRM TWG, and to consider ratifying Convention No. 167. The Committee takes this opportunity to remind the Government that in June 2022, the International Labour Conference added the principle of a safe and healthy working environment to the fundamental principles and rights at work, thereby amending the 1998 Declaration on Fundamental Principles and Rights at Work. The Committee draws the Government’s attention to the possibility of availing itself of the technical assistance of the Office for the purpose of bringing both practice and applicable legislation into conformity with the fundamental occupational safety and health Conventions and thus promoting their ratification and effective application.

Hygiene (Commerce and Offices) Convention, 1964 (No. 120)

Articles 10 and 16. Temperature of workplaces. Appropriate standards of hygiene in underground or windowless premises. The Committee notes the Government’s indication in its report that section 5 of Ministerial Order No. 0013 of 4 August 1972, establishing conditions of hygiene in workplaces, provides that, in closed premises designated for work, each worker must have a cubic capacity of at least 10m3, and that the spaces must have a minimum height of 2.5 metres and be properly ventilated at all times. Further, the Committee notes that under Ministerial Order No. 12/CAB.MIN/ETPS/ 043 /2008 of 8 August 2008, establishing the organization and operations of committees for occupational health and safety and workplace improvement, the main task of such committees is to participate in screening for risks of all kinds that may affect safety, hygiene or health, as well as checking for cases of work that is unsuitable for any persons. The Committee also notes that under Ministerial Order No. 140/CAB/MINETAT/MTEPS/01/2018 of 8 November 2018, establishing the terms of promotion and prevention of occupational risks, the above-mentioned committees are responsible particularly for designing, amending and implementing the policy for the prevention of occupational accidents and diseases. The Committee notes this information which responds to its previous request.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

In order to provide an overview of the issues relating to the application of the ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine the Safety Provisions (Building) Convention, 1937 (No. 62), the Guarding of Machinery Convention, 1963 (No. 119), and the Hygiene (Commerce and Offices) Convention, 1964 (No. 120), in a single comment.

Application in practice of Conventions Nos 62, 119 and 120. Further to its previous comments, the Committee notes the Government’s indication that detailed statistics on the number and classification of industrial accidents and occupational diseases will be communicated in the next report. The Committee therefore once again requests the Government to provide statistical data on the number and nature of infringements reported in the construction, commerce and office sectors and also those relating to the use of machinery, as well as the number, nature and causes of industrial accidents and occupational diseases which have been reported.

Protection against specific risks

Guarding of Machinery Convention, 1963 (No. 119)

Article 3 of the Convention. Exemptions from the obligation to provide safety devices. Further to its previous comments on exemptions, the Committee notes the Government’s indication in its report that no other legislative text provides for any exemption from the application of the provisions of Ministerial Order No. 12/CAB.MIN/ETPS/046/2008 of 8 August 2008 establishing the guarding of machinery and other mechanical devices and prohibiting the sale, hire, exhibition or transfer in any other manner of machinery whose dangerous parts have no appropriate safety devices.

Protection in specific branches of activity

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

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism Tripartite Working Group (SRM TWG), confirmed the classification of Convention No. 62 in the category of outdated instruments and placed an item concerning the abrogation of this Convention on the agenda of the 113th Session of the International Labour Conference (2024). The Governing Body also asked the Office to undertake follow-up action to actively encourage ratification of the up-to-date instrument, the Safety and Health in Construction Convention, 1988 (No. 167), and recommended proposing ILO technical assistance to countries most in need of it. The Committee therefore encourages the Government to follow up the decision adopted by the Governing Body at its 334th Session (October–November 2018) approving the recommendation of the SRM TWG, and to consider ratifying Convention No. 167. The Committee reminds the Government of the possibility of obtaining technical assistance from the Office in this regard.

Article 4 of the Convention. Further to its previous comments, the Committee notes the Government’s indication that the technical standards applied in the construction industry are monitored by labour inspectors during ordinary or special inspections using a specific report form.

Hygiene (Commerce and Offices) Convention, 1964 (No. 120)

Articles 1 and 2 of the Convention. Scope of application and exclusion of specific categories of workers from the application of the Convention. Further to its previous comments concerning the exclusion of civil service departments from the scope of application of the Labour Code, the Committee notes the Government’s indication in its report that tripartite consultations took place on this subject within the National Labour Council. The Committee also notes that Ministerial Order No. 0013 of 4 August 1972 establishing conditions of hygiene in workplaces, and which gives effect to the Convention, applies to all establishments.

Articles 10 and 16. Temperature of workplaces. Appropriate standards of hygiene in underground or windowless premises. Further to its previous comments, the Committee notes that Ministerial Order No. 0013 of 4 August 1972 establishing conditions of hygiene in workplaces does not appear to give effect to the above-mentioned provisions of the Convention. The Committee requests the Government to provide information on the relevant provisions of its legislation which ensure the application of Article 10 (temperature of workplaces) and Article 16 (concerning appropriate standards of hygiene in underground or windowless premises) of the Convention and to send a copy of them.

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

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2013.

Repetition

Article 1 of the Convention. Scope of the Convention. Article 2. Exclusion of specific categories of workers from the application of the Convention. The Committee notes the Government’s information to the effect that the provisions of the Convention apply to establishments and enterprises governed by the Labour Code, except for public service departments governed by Act No. 81-003 of 17 July 1981 issuing the conditions of service of career members of the state public services. The Committee notes that under Article 2 of the Convention it is possible, after consultation with the organizations of employers and workers directly concerned, to exclude specified categories of establishments, institutions or administrative services, or departments thereof, from the application of the Convention. However, the Committee notes that no details have been supplied by the Government regarding consultations that have already been held on this matter. The Committee requests the Government to supply any relevant information on consultations that have taken place on this matter and on the measures taken or contemplated to ensure that the provisions of the Convention are also applied in the public service.

Article 5. Legislation and prior consultation of the representative organizations of employers and workers concerned. The Committee notes Order No. 12/CAB.MIN/ETPS/043/2008 of 8 August 2008 establishing the structure and operations of committees for occupational health and safety and workplace improvement, adopted by the National Labour Council, which is composed of equal numbers of representatives of the State, the workers and the employers. The Committee requests the Government to continue providing information on the legislation giving effect to the provisions of the present Convention and of the Hygiene (Commerce and Offices) Recommendation, 1964 (No. 120), and on tripartite consultations relating to them.

Article 7 (maintenance and cleanliness of premises and equipment). Article 8 (ventilation of premises). Article 9 (sufficient and suitable lighting). Article 10 (workplace temperature). Article 11 (layout of premises). Article 12 (sufficient supply of drinking water). Article 13 (sanitary conveniences). Article 14 (suitable seats). Article 15 (suitable facilities for workers to change, leave and dry clothes). Article 16 (underground and windowless premises). Article 17 (substances, processes and techniques which are obnoxious, unhealthy or toxic). Article 18 (noise and vibrations). The Committee observes that the Government refers briefly in its report to Order No. 12/CAB.MIN/ETPS/043/2008 of 8 August 2008 establishing the structure and operations of committees for occupational health and safety and workplace improvement. However, the Committee notes that the Order does not appear to give effect to the abovementioned provisions of the present Convention. The Committee requests the Government to supply information on the relevant provisions of its legislation which give effect to Articles 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18 of the Convention and to send a copy of them.

Application in practice. The Committee notes that the Government refers to the latest annual report (for 2011) attached to the report on the Labour Inspection Convention, 1947 (No. 81). With regard to the operation of the labour inspectorate, the Committee requests the Government to refer to its comments on Convention No. 81. Noting the information contained in the annual report, it would also be grateful if the Government would supply detailed information on infringements reported and penalties imposed by the labour inspectorate in the “commerce and offices” branch of economic activity. The Committee also requests the Government to give a general description of the manner in which the Convention is applied, including, for example, extracts from official reports and information on any practical difficulties encountered in its application.

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

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1 of the Convention. Scope of the Convention. Article 2. Exclusion of specific categories of workers from the application of the Convention. The Committee notes the Government’s information to the effect that the provisions of the Convention apply to establishments and enterprises governed by the Labour Code, except for public service departments governed by Act No. 81-003 of 17 July 1981 issuing the conditions of service of career members of the state public services. The Committee notes that under Article 2 of the Convention it is possible, after consultation with the organizations of employers and workers directly concerned, to exclude specified categories of establishments, institutions or administrative services, or departments thereof, from the application of the Convention. However, the Committee notes that no details have been supplied by the Government regarding consultations that have already been held on this matter. The Committee requests the Government to supply any relevant information on consultations that have taken place on this matter and on the measures taken or contemplated to ensure that the provisions of the Convention are also applied in the public service.

Article 5. Legislation and prior consultation of the representative organizations of employers and workers concerned. The Committee notes Order No. 12/CAB.MIN/ETPS/043/2008 of 8 August 2008 establishing the structure and operations of committees for occupational health and safety and workplace improvement, adopted by the National Labour Council, which is composed of equal numbers of representatives of the State, the workers and the employers. The Committee requests the Government to continue providing information on the legislation giving effect to the provisions of the present Convention and of the Hygiene (Commerce and Offices) Recommendation, 1964 (No. 120), and on tripartite consultations relating to them.

Article 7 (maintenance and cleanliness of premises and equipment). Article 8 (ventilation of premises). Article 9 (sufficient and suitable lighting). Article 10 (workplace temperature). Article 11 (layout of premises). Article 12 (sufficient supply of drinking water). Article 13 (sanitary conveniences). Article 14 (suitable seats). Article 15 (suitable facilities for workers to change, leave and dry clothes). Article 16 (underground and windowless premises). Article 17 (substances, processes and techniques which are obnoxious, unhealthy or toxic). Article 18 (noise and vibrations). The Committee observes that the Government refers briefly in its report to Order No. 12/CAB.MIN/ETPS/043/2008 of 8 August 2008 establishing the structure and operations of committees for occupational health and safety and workplace improvement. However, the Committee notes that the Order does not appear to give effect to the abovementioned provisions of the present Convention. The Committee requests the Government to supply information on the relevant provisions of its legislation which give effect to Articles 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18 of the Convention and to send a copy of them.

Application in practice. The Committee notes that the Government refers to the latest annual report (for 2011) attached to the report on the Labour Inspection Convention, 1947 (No. 81). With regard to the operation of the labour inspectorate, the Committee requests the Government to refer to its comments on Convention No. 81. Noting the information contained in the annual report, it would also be grateful if the Government would supply detailed information on infringements reported and penalties imposed by the labour inspectorate in the “commerce and offices” branch of economic activity. The Committee also requests the Government to give a general description of the manner in which the Convention is applied, including, for example, extracts from official reports and information on any practical difficulties encountered in its application.

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1 of the Convention. Scope of the Convention. Article 2. Exclusion of specific categories of workers from the application of the Convention. The Committee notes the Government’s information to the effect that the provisions of the Convention apply to establishments and enterprises governed by the Labour Code, except for public service departments governed by Act No. 81-003 of 17 July 1981 issuing the conditions of service of career members of the state public services. The Committee notes that under Article 2 of the Convention it is possible, after consultation with the organizations of employers and workers directly concerned, to exclude specified categories of establishments, institutions or administrative services, or departments thereof, from the application of the Convention. However, the Committee notes that no details have been supplied by the Government regarding consultations that have already been held on this matter. The Committee requests the Government to supply any relevant information on consultations that have taken place on this matter and on the measures taken or contemplated to ensure that the provisions of the Convention are also applied in the public service.

Article 5. Legislation and prior consultation of the representative organizations of employers and workers concerned. The Committee notes Order No. 12/CAB.MIN/ETPS/043/2008 of 8 August 2008 establishing the structure and operations of committees for occupational health and safety and workplace improvement, adopted by the National Labour Council, which is composed of equal numbers of representatives of the State, the workers and the employers. The Committee requests the Government to continue providing information on the legislation giving effect to the provisions of the present Convention and of the Hygiene (Commerce and Offices) Recommendation, 1964 (No. 120), and on tripartite consultations relating to them.

Article 7 (maintenance and cleanliness of premises and equipment). Article 8 (ventilation of premises). Article 9 (sufficient and suitable lighting). Article 10 (workplace temperature). Article 11 (layout of premises). Article 12 (sufficient supply of drinking water). Article 13 (sanitary conveniences). Article 14 (suitable seats). Article 15 (suitable facilities for workers to change, leave and dry clothes). Article 16 (underground and windowless premises). Article 17 (substances, processes and techniques which are obnoxious, unhealthy or toxic). Article 18 (noise and vibrations). The Committee observes that the Government refers briefly in its report to Order No. 12/CAB.MIN/ETPS/043/2008 of 8 August 2008 establishing the structure and operations of committees for occupational health and safety and workplace improvement. However, the Committee notes that the Order does not appear to give effect to the abovementioned provisions of the present Convention. The Committee requests the Government to supply information on the relevant provisions of its legislation which give effect to Articles 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18 of the Convention and to send a copy of them.

Application in practice. The Committee notes that the Government refers to the latest annual report (for 2011) attached to the report on the Labour Inspection Convention, 1947 (No. 81). With regard to the operation of the labour inspectorate, the Committee requests the Government to refer to its comments on Convention No. 81. Noting the information contained in the annual report, it would also be grateful if the Government would supply detailed information on infringements reported and penalties imposed by the labour inspectorate in the “commerce and offices” branch of economic activity. The Committee also requests the Government to give a general description of the manner in which the Convention is applied, including, for example, extracts from official reports and information on any practical difficulties encountered in its application.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 1 of the Convention. Scope of the Convention. Article 2. Exclusion of specific categories of workers from the application of the Convention. The Committee notes the Government’s information to the effect that the provisions of the Convention apply to establishments and enterprises governed by the Labour Code, except for public service departments governed by Act No. 81-003 of 17 July 1981 issuing the conditions of service of career members of the state public services. The Committee notes that under Article 2 of the Convention it is possible, after consultation with the organizations of employers and workers directly concerned, to exclude specified categories of establishments, institutions or administrative services, or departments thereof, from the application of the Convention. However, the Committee notes that no details have been supplied by the Government regarding consultations that have already been held on this matter. The Committee requests the Government to supply any relevant information on consultations that have taken place on this matter and on the measures taken or contemplated to ensure that the provisions of the Convention are also applied in the public service.

Article 5. Legislation and prior consultation of the representative organizations of employers and workers concerned. The Committee notes Order No. 12/CAB.MIN/ETPS/043/2008 of 8 August 2008 establishing the structure and operations of committees for occupational health and safety and workplace improvement, adopted by the National Labour Council, which is composed of equal numbers of representatives of the State, the workers and the employers. The Committee requests the Government to continue providing information on the legislation giving effect to the provisions of the present Convention and of the Hygiene (Commerce and Offices) Recommendation, 1964 (No. 120), and on tripartite consultations relating to them.

Article 7 (maintenance and cleanliness of premises and equipment). Article 8 (ventilation of premises). Article 9 (sufficient and suitable lighting). Article 10 (workplace temperature). Article 11 (layout of premises). Article 12 (sufficient supply of drinking water). Article 13 (sanitary conveniences). Article 14 (suitable seats). Article 15 (suitable facilities for workers to change, leave and dry clothes). Article 16 (underground and windowless premises). Article 17 (substances, processes and techniques which are obnoxious, unhealthy or toxic). Article 18 (noise and vibrations). The Committee observes that the Government refers briefly in its report to Order No. 12/CAB.MIN/ETPS/043/2008 of 8 August 2008 establishing the structure and operations of committees for occupational health and safety and workplace improvement. However, the Committee notes that the Order does not appear to give effect to the abovementioned provisions of the present Convention. The Committee requests the Government to supply information on the relevant provisions of its legislation which give effect to Articles 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18 of the Convention and to send a copy of them.

Article 6, in conjunction with Part IV of the report form. Application in practice. The Committee notes that the Government refers to the latest annual report (for 2011) attached to the report on the Labour Inspection Convention, 1947 (No. 81). With regard to the operation of the labour inspectorate, the Committee requests the Government to refer to its comments on Convention No. 81. Noting the information contained in the annual report, it would also be grateful if the Government would supply detailed information on infringements reported and penalties imposed by the labour inspectorate in the “commerce and offices” branch of economic activity. The Committee also requests the Government to give a general description of the manner in which the Convention is applied, including, for example, extracts from official reports and information on any practical difficulties encountered in its application.