Occupational Health Services Convention, 1985 (No. 161) - Benin (Ratification: 1998)

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

Article 2 of the Convention. Adoption, implementation and periodic review of a national policy on occupational health services. Consultations with the social partners. In its previous comments, the Committee noted that the National Occupational Safety and Health Policy (OSH) and its plan of action constitute a comprehensive framework giving effect to Article 2 of the Convention. The Committee notes the Government’s indication in its report that the national OSH policy is examined by the National Occupational Safety and Health Commission (CNSST), a tripartite body, and that its implementation is monitored jointly.

Article 3(1) and (2). Progressive extension of the scope of occupational health services. Consultation of the social partners. With reference to its previous comments, in which it noted that Decree No. 2007-410 of 31 August 2007 provides for a progressive extension of occupational health services, the Committee notes that the sessions of the CNSST held in June 2013 and December 2014 were devoted to reflection on the necessary means and mechanisms for the extension of OSH in the informal economy and the public administration. However, it notes the Government’s indication that little progress has been made in this regard during the reporting period. The Committee requests the Government to pursue, in consultation with the most representative organizations of employers and workers, its efforts for the progressive extension of the coverage of occupational health services to all branches of economic activity and all enterprises, and to provide information on any progress achieved in this regard.

Article 5(a) and (b). Identification and assessment of risks. Surveillance of the conditions of housing provided by the employer. Article 10. Professional independence. With reference to its previous comments, the Committee notes the Government’s indication that these provisions will be taken into account in the context of the process of updating Inter-Ministerial Order No. 31/MFPTRA/MSP/DC/SGM/DT/SST of 5 May 1999 determining the functions, organization and operation of occupational health services. Noting that the Government has been referring to the updating of the Inter-Ministerial Order of 5 May 1999 for many years, the Committee hopes that the updating will be carried out in the very near future and that it will give effect to the provisions concerned. It requests the Government to provide detailed information on any progress achieved in this regard and to provide a copy of any relevant new laws or regulations adopted.

Article 5(k). Participation in the analysis of occupational accidents and occupational diseases. The Committee recalls that, having previously noted that section 189 of the Labour Code provides that the health committee is responsible for conducting inquiries into serious occupational accidents, the Government indicated that, due to the difficulty of specifying a threshold of gravity for this purpose, it would propose an amendment to this provision. The Committee notes the Government’s indication in its report that this matter has been taken into account in the new draft Labour Code which is under examination by the Supreme Court. The Committee requests the Government to provide information on any new provisions intended to improve the application of this Article and to provide a copy of the new Labour Code as soon as it has been adopted.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Further to its observation the Committee would like to raise the following issues:

The Committee notes the information provided regarding the effect given to Article 5(i) of the Convention. It also notes that the Government indicates that Inter-Ministerial Order No. 31/MFPTRA/MSP/DC/SGM/DT/SST of 5 May 1999 is still under revision. The Committee requests the Government to provide a copy of the revised legislation as soon as it has been adopted.

Article 3(1). Progressive extension of the scope of the occupational health services. The Committee notes with interest that the National OSH Policy adopted by Decree No. 2007-410 of 31 August 2007 provides for a progressive extension of occupational health services specifically to the rural community, civil servants, and workers in the informal economy as well in local communities through the provision of a package of minimum occupational health services included in primary health care. The Government also indicates that the two health centres for workers previously referred to will be set up in the context of the Global Health Insurance Scheme (RAMU). The Committee encourages the Government to pursue its efforts gradually to extend the coverage of occupational health services and to continue to report on progress in this respect.

Article 4. Tripartite consultation. The Committee notes the information that the Consultative Technical Committee on Occupational Health and Safety set up by Decree No. 2000-178 of 11 April 2000 regularly holds three sessions per year and that the organizations consulted in that context includes for the employers: the National Council for Employers in Benin; the Council of Private Investors in Bénin; and for the workers; the Workers’ Trade Union Confederation in Benin (CSTB) (representing the public sector) and the Confederation of Autonomous Trade Unions of Bénin (CSA-Bénin) (representing the private sector). The Committee requests the Government to continue to provide information on the consultations held with representative organizations of employers and workers in the context of the further development and implementation of the National OSH Policy adopted in 2007.

Article 5(a). Risk identification and assessment. The Committee notes that in response to its previous comments in this respect, the Government also refers to the provisions in the 1998 Labour Code (Act No. 98-004 of 27 January 1998), including sections 185 and 187 et. seq. The Committee notes that while these provisions regulate a number of other issues relevant for occupational safety and health, they do not seem to contain a provision implementing this provision of the Convention. The Committee requests the Government to provide further information on measures taken to give effect to Article 5(a), of the Convention and on any relevant practice in relation thereto.

Article 5(b). Surveillance of housing provided by the employer. The Committee notes that, in response to its previous comments in this respect, the Government refers to the provisions in the 1998 Labour Code (Act No. 98-004 of 27 January 1998). The Committee notes that section 182 enumerates the obligations incumbent of the employer, but that this section does not refer to any responsibilities of the employers in relation to housing provided by the employer as required under this provision of the Convention. The Committee requests the Government to provide further information on measures taken to give effect to this provision of the Convention.

Article 5(k). Analyses of occupational accidents. The Committee notes that, in response to its previous comments the Government indicates that as it is difficult to specify a specific threshold of gravity that would justify an inquiry into an accident, the conduct of an inquiry should be the regular procedure and that the Government will therefore propose an amendment to section 189 of the Labour Code in this respect. The Committee requests the Government to provide information on any progress in this respect and to transmit copies of any relevant legislative amendments once they have been adopted.

Article 10. Professional independence. The Committee notes that the Government indicates that this provision is not yet provided for in national legislation but will be taken into account in the context of the legislative review to be undertaken of the Labour Code and of the Inter-Ministerial Order No. 31/MFPTRA/MSP/DC/SGM/DT/SST of 5 May 1999. The Committee requests the Government to provide information on any progress in this respect and to transmit copies of any relevant legislative amendments once they have been adopted.

Part VI of the report form. Application in practice. The Committee notes that the report contains no information regarding the application in practice of the Convention from, for example, the inspection services. The Committee reiterates its request to the Government to provide it with information on the application in practice of the measures taken to ensure the implementation of the Convention, including extracts from inspection reports and relevant statistics.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 2 of the Convention. Legislation and adoption of a national policy on occupational safety and health. The Committee notes with satisfaction the adoption of Decree No. 207-410 of 31 August 2007 approving the national occupational safety and health (OSH) policy for Benin as well as a five year (2010–14) Action Plan concerning OSH. The Committee notes that, together with other legislative measures taken, including relevant provisions in the Labour Code (Act No. 98-004 of 27 January 1998), the National OSH Policy and Action Plan constitute a comprehensive framework for implementation of the Convention and a progressive improvement of occupational health services in the country giving effect to Article 2 of the Convention. The Committee notes, however the absence of information regarding the consultations held with the representative organizations of employers and workers in the elaboration of this Plan of Action. The Committee invites the Government to provide further information on the consultations held with representative organizations of employers and workers in the elaboration of the National OSH Policy as well as on progress in relation to its implementation.

ILO Plan of Action on occupational safety and health (2010–16). The Committee notes that the national OSH policy referred to above paves the way for a future ratification not only of the three key instruments in the area of OSH namely the Occupational Safety and Health Convention, 1981 (No. 155), its 2002 Protocol and the Promotional Framework for Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), but also of more specific Conventions such as the Chemicals Convention, 1990 (No. 170). The Committee would like to take this opportunity to inform the Government that, in March 2010, the Governing Body adopted a plan of action to achieve widespread ratification and effective implementation of the three key instruments referred to above, and that, under this Plan of Action, the Office is available to provide assistance to Governments, as appropriate, to bring their national law and practice in conformity with these key OSH Conventions in order to promote their ratification and effective implementation. The Committee invites the Government to provide further information on any needs for technical assistance it may have in this respect.

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

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the information transmitted by the Government in its report, as well as the adoption of Ministerial Order No. 468/MFPTRA/DC/ SGM/DGT/DNT/SRT. The Committee notes with interest that the Government indicates that Interministerial Order No. 31/MFPTRA/MSP/DC/SGM/DT/SST of 5 May 1999 is currently being revised with a view to ensuring the application of Articles 5(a), (b), (d), and 14 of the Convention. It requests the Government to provide a copy of the revised Ministerial Order as soon as it has been adopted. Furthermore, the Committee requests the Government to provide further information on the following points.

2. Article 2 of the Convention. National policy. The Committee notes with interest that the Government indicates in its report that a draft framework document on national policy on occupational health and safety has been elaborated and endorsed by a tripartite workshop, that the draft framework document is accompanied by an action plan document and is currently being adopted. The Committee requests the Government to provide a copy of the draft framework document on national policy on occupational health and safety, as well as a copy of the action plan document once they have been adopted.

3. Article 3, paragraph 1. Occupational health services. The Committee notes with interest the Government’s indication that it is currently taking measures gradually to extend the legal coverage of occupational health services to cover all workers. The Committee encourages the Government to strengthen its efforts gradually to extend the legal coverage of occupational health services. It also requests the Government to transmit information with regard to the results both of these efforts and efforts concerning the provision of occupational health care in the context of primary health-care benefits and the establishment of two health centres for workers as mentioned in the 2002 report.

4. Article 4. Tripartite consultation. The Committee notes with interest that Decree No. 2000-178 of 11 April 2000 sets out the methods to be used for consulting with employers’ and workers’ organizations within the Consultative Technical Committee on Occupational Health and Safety. The Committee requests the Government to indicate how this Decree has been applied in practice and to specify which organizations have been consulted.

5. Article 5, paragraph (a). Risk identification and assessment. The Committee notes that section 35 of Interministerial Order No. 031 of 5 May 1999 states that, amongst other things, occupational physicians are responsible for the application of all preventive measures with regards to occupational accidents and diseases and that section 40 of the same Interministerial Order states that, with the authority of the physician, the occupational health nurse may proceed to carry out inquiries, for instance, identification and assessment of certain risks. The Committee requests the Government to inform it of any measures taken to give effect to Article 5, paragraph (a), of the Convention and to inform it of whether existing legislation, including Interministerial Order No. 031, has given rise to the practice of undertaking assessments of risks which could pose a threat to health in the workplace.

6. Article 5, paragraph (i). Provision of information, training and education. The Committee notes that sections 188 and 189 of the Labour Code provide for collaboration with a view to the provision of information, training and education in the fields of occupational health, safety and ergonomics; a committee on health is responsible for these tasks. The Committee requests the Government to provide it with information on the activities of this committee and to specify how these sections are applied in practice.

7. Article 5, paragraph (k). Analyses of occupational accidents. The Committee notes with interest that section 189 of the Labour Code states, amongst other things, that the committee on health is responsible for carrying out inquiries in the case of serious occupational accidents. The Committee requests the Government to provide information on the application of this section in practice and, in particular, to specify the degree of seriousness of the accident required for an inquiry to be opened.

8. Article 9, paragraph 3. Cooperation between occupational health services. The Committee notes with interest that section 5 of Order No. 468 of 31 December 2004 ensures cooperation and collaboration between occupational medical  services and occupational advisers on social affairs.

9. Article 10. Professional independence. The Committee notes that the Government indicates in its report that medical inspectors are responsible for checking that occupational physicians enjoy technical and administrative independence within the enterprise. The Committee requests the Government to specify the legal provisions and other measures taken to ensure the application of this Article.

10. Article 15. Absence from work for health reasons. The Committee notes with interest that the Government indicates in its report that medical reports elaborated by health services specifically mention absences for health reasons.

11. In conclusion, the Committee requests the Government to continue to provide it with information on the application in practice of the measures taken to ensure the implementation of the Convention, including extracts from inspection reports and relevant statistics disaggregated by sex, if possible.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information supplied by the Government in its report and the extracts from inspection reports sent by the Government.

The Committee asks the Government to provide further information on the following points.

1. Article 2 of the Convention. The Committee notes the information in the Government’s report that in order for a national policy on occupational health services to be formulated, an institutional framework must first be established. The Government also indicates that the Minister of the Civil Service, Labour and Administrative Reform has been working towards the adoption of a text on the subject and to set up the structures that will underpin the implementation of the policy in order to ensure cohesion between the various players. The Committee asks the Government to provide all information relevant to the implementation of a coherent national policy on occupational health services and on consultations held with social partners to that end.

2. Article 3, paragraph 1. The Committee notes that the provisions of the Labour Code apply to all workers and employers engaged in an occupational activity in the Republic of Benin. The Government further states in its report that, in practice, not all workers are covered by the occupational health services. The Government adds that, at the moment, workers’ organizations are exploring the possibility of establishing two health centres for workers in order to fill the void that exists in this area in so far as workers do not have their own health structure. The Committee therefore asks the Government to state whether the scope of the occupational health-related measures adopted pursuant to the legislation extends to all workers, including those in the public sector and in production cooperatives, in all branches of economic activity and all enterprises. If not, the Government is asked to take the necessary measures to extend gradually the legal coverage of occupational health services to all workers. The Committee also asks the Government to provide information on the establishment of the two health centres for workers and to keep the Office informed of any measures to set up health structures specifically for workers.

3. The Committee notes that in its report the Government does not mention the procedures for consulting employers’ and workers’ organizations. It therefore asks the Government to state which organizations have been consulted and the procedures for such consultation.

4. Article 5(a). The Committee notes sections 35-40 of Interministerial Order No. 031 setting forth the duties of company doctors and nurses. The Committee observes that these provisions do not cover the identification and evaluation of risks. It therefore asks the Government to take the necessary steps to ensure that the duties of the occupational health services include the identification and assessment of risks that may affect health at the workplace.

Article 5(b). The Committee notes that no provision is made in national provisions for the supervision of housing provided by the employer. It therefore asks the Government to take the necessary steps to ensure that the occupational health services are also responsible for the surveillance of housing when it is provided by the employer.

Article 5(d). The Committee recalls that, under this provision of the Convention, the Government must take steps to ensure that the occupational health services participate in the testing and evaluation of new equipment.

Article 5(i). The Committee notes that section 5(2), (3) of Interministerial Order No. 031 has more to do with the health services’ duties of informing and advising than collaboration in the provision of information, training and education in the fields of occupational health and hygiene and ergonomics. It notes that sections 35(5) and 41 of the same interministerial order provide that the company doctor and nurse are responsible for providing in-house health education relevant to the occupational activities. The Committee accordingly asks the Government to indicate the procedures for collaboration in the provision of information, training and education in the fields of occupational health and hygiene and ergonomics.

Article 5(k). The Committee notes that the provisions of the national legislation, particularly articles 5(10) and 35(6) of Interministerial Order No. 031 appear to give effect to the provisions of the Convention as regards analysis of occupational diseases but not that of occupational accidents. It therefore asks the Government to state how it ensures the participation of the occupational health services in the analysis of occupational accidents.

Article 9, paragraph 3. The Committee notes that section 205 of the Labour Code provides for cooperation between the occupational health services and company social advisers. However, these services account for only some of the "other bodies concerned with the provision of health services" prescribed by the Convention. The Government indicates in its report that the medical labour inspectors coordinate and supervise the activities of these services. While noting this information, the Committee observes that there is no express requirement in the legislation for cooperation between the occupational health services and the other services in the enterprise. Consequently, the Committee requests the Government to provide further information on any practical or legislative measures to ensure adequate cooperation and coordination between occupational health services and, as appropriate, other bodies concerned with the provision of health services.

Article 10. The Committee notes that, according to the Government’s report, the independence of personnel providing occupational health services must be guaranteed in the contract agreed on by the employer and the health personnel. According to article 29 of Interministerial Order No. 031, the contract with the employer must be endorsed by the labour inspector following consultation of the medical labour inspector. Article 9 of the Order No. 008 guarantees the independence of medical labour inspectors. The Committee infers from the foregoing that the medical labour inspector checks that the contract contains provisions to ensure the independence of occupational health staff from employers, workers and their representatives. The Government is asked to state which provisions provide this guarantee.

Article 14. The Committee notes that section 185 of the Labour Code, cited by the Government in its report as giving effect to the provisions of the Convention, does not require company doctors or occupational health services to be informed by the employer and workers of any known factors and any suspected factors in the working environment which may affect the workers’ health. The Committee requests the Government to indicate the measures taken or envisaged to ensure that the occupational health services shall be informed by the employer and the workers of the factors specified in this provision of the Convention.

Article 15. The Committee notes the provisions of article 11, 21 and 27 of Interministerial Order No. 031 concerning, inter alia, medical reports. The Government is asked to state whether these reports record absences from work for health reasons as well as occurrences of ill health.