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

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

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 4 of the Convention. Inspection system. Further to its previous comments, the Committee notes from the information provided that the Government will explore possibilities for training labour inspectors to monitor safety prescriptions in the building sector. The Government nevertheless points out in its report that managers in charge of occupational risk prevention at the National Social Security Institute (INSS) are qualified to carry out inspections in the building sector and that they give useful instructions to the employers concerned. The Committee requests the Government to provide information in its next report on the practical application of this provision of the Convention.

Articles 6–15. With reference to its previous comments, the Committee notes that, according to the Government, the legislation governing occupational safety has not been repealed and that Rwanda-Urundi (ORU) Ordinance No. 21/94 of 24 July 1953 establishing the legal framework for occupational safety in the building industry has not been revoked, and that the Government is envisaging its re-dissemination. The Committee requests the Government to provide clarification on the legislation in force to enable it to assess how the Convention is applied in Burundi.

Application in practice. Further to its previous comments, the Committee notes the statistical data in the Government’s report showing trends in the number of active workers and the numbers receiving occupational risk benefits between 2000 and 2004, and the distribution of enterprises according to size and branch of economic activity at 31 December 2004. The Committee requests the Government to provide further information in its next report regarding trends in accidents in the building industry, together with any other relevant information allowing the Committee to assess how the safety standards established in the Convention are applied in practice.

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

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

The Committee notes with regret that the Government’s report has not been received. It expresses deep concern in this respect. It is therefore bound to repeat its previous comments.

Repetition

The Committee notes with regret that, despite the comments it has been making for a number of years, the legislation to apply the Convention has not been changed.

Article 4 of the Convention. Inspection system. Further to its previous comments, the Committee notes from the information provided that the Government will explore possibilities for training labour inspectors to monitor safety prescriptions in the building sector. The Government nevertheless points out in its report that managers in charge of occupational risk prevention at the National Social Security Institute (INSS) are qualified to carry out inspections in the building sector and that they give useful instructions to the employers concerned. The Committee requests the Government to provide information in its next report on the practical application of this provision of the Convention.

Articles 6–15. With reference to its previous comments, the Committee notes that, according to the Government, the legislation governing occupational safety has not been repealed and that Rwanda-Urundi (ORU) Ordinance No. 21/94 of 24 July 1953 establishing the legal framework for occupational safety in the building industry has not been revoked, and that the Government is envisaging its re-dissemination. The Committee requests the Government to provide clarification on the legislation in force to enable it to assess how the Convention is applied in Burundi.

Application in practice. Further to its previous comments, the Committee notes the statistical data in the Government’s report showing trends in the number of active workers and the numbers receiving occupational risk benefits between 2000 and 2004, and the distribution of enterprises according to size and branch of economic activity at 31 December 2004. The Committee requests the Government to provide further information in its next report regarding trends in accidents in the building industry, together with any other relevant information allowing the Committee to assess how the safety standards established in the Convention are applied in practice.

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

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

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous comments.

Repetition

The Committee notes with regret that, despite the comments it has been making for a number of years, the legislation to apply the Convention has not been changed.

Article 4 of the Convention. Inspection system. Further to its previous comments, the Committee notes from the information provided that the Government will explore possibilities for training labour inspectors to monitor safety prescriptions in the building sector. The Government nevertheless points out in its report that managers in charge of occupational risk prevention at the National Social Security Institute (INSS) are qualified to carry out inspections in the building sector and that they give useful instructions to the employers concerned. The Committee requests the Government to provide information in its next report on the practical application of this provision of the Convention.

Articles 6–15. With reference to its previous comments, the Committee notes that, according to the Government, the legislation governing occupational safety has not been repealed and that Rwanda-Urundi (ORU) Ordinance No. 21/94 of 24 July 1953 establishing the legal framework for occupational safety in the building industry has not been revoked, and that the Government is envisaging its re dissemination. The Committee requests the Government to provide clarification on the legislation in force to enable it to assess how the Convention is applied in Burundi.

Part V of the report form. Further to its previous comments, the Committee notes the statistical data in the Government’s report showing trends in the number of active workers and the numbers receiving occupational risk benefits between 2000 and 2004, and the distribution of enterprises according to size and branch of economic activity at 31 December 2004. The Committee requests the Government to provide further information in its next report regarding trends in accidents in the building industry, together with any other relevant information allowing the Committee to assess how the safety standards established in the Convention are applied in practice.

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

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

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

Repetition

The Committee notes the comments made by the Trade Union Confederation of Burundi (COSYBU) in a communication received on 31 August 2012, which was forwarded to the Government on 18 September 2012, indicating that many public services, in the private sector, do not have occupational safety and health services.

The Committee notes the information contained in the Government’s report and the statistical data. It notes with regret that, despite the comments it has been making for a number of years, the legislation to apply the Convention has not been changed.

Article 4 of the Convention. Inspection system. Further to its previous comments, the Committee notes from the information provided that the Government will explore possibilities for training labour inspectors to monitor safety prescriptions in the building sector. The Government nevertheless points out in its report that managers in charge of occupational risk prevention at the National Social Security Institute (INSS) are qualified to carry out inspections in the building sector and that they give useful instructions to the employers concerned. The Committee requests the Government to provide information in its next report on the practical application of this provision of the Convention.

Articles 6–15. With reference to its previous comments, the Committee notes that, according to the Government, the legislation governing occupational safety has not been repealed and that Rwanda-Urundi (ORU) Ordinance No. 21/94 of 24 July 1953 establishing the legal framework for occupational safety in the building industry has not been revoked, and that the Government is envisaging its re-dissemination. The Committee requests the Government to provide clarification on the legislation in force to enable it to assess how the Convention is applied in Burundi.

Part V of the report form. Further to its previous comments, the Committee notes the statistical data in the Government’s report showing trends in the number of active workers and the numbers receiving occupational risk benefits between 2000 and 2004, and the distribution of enterprises according to size and branch of economic activity at 31 December 2004. The Committee requests the Government to provide further information in its next report regarding trends in accidents in the building industry, together with any other relevant information allowing the Committee to assess how the safety standards established in the Convention are applied in practice.

Revision of the Convention. The Committee draws the Government’s attention to the Safety and Health in Construction Convention, 1988 (No. 167), which revises the Convention and could well be better adapted to the current situation in the building sector. It again points out that the ILO Governing Body invited States parties to the Convention to envisage the ratification of Convention No. 167, which entails, ipso jure, immediate denunciation of Convention No. 62 (GB.268/8/2). The Committee requests the Government to provide information on any action taken on this suggestion.

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

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes the comments made by the Trade Union Confederation of Burundi (COSYBU) in a communication received on 31 August 2012, which was forwarded to the Government on 18 September 2012, indicating that many public services, in the private sector, do not have occupational safety and health services.

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

The Committee notes the information contained in the Government’s report and the statistical data. It notes with regret that, despite the comments it has been making for a number of years, the legislation to apply the Convention has not been changed.

Article 4 of the Convention. Inspection system. Further to its previous comments, the Committee notes from the information provided that the Government will explore possibilities for training labour inspectors to monitor safety prescriptions in the building sector. The Government nevertheless points out in its report that managers in charge of occupational risk prevention at the National Social Security Institute (INSS) are qualified to carry out inspections in the building sector and that they give useful instructions to the employers concerned. The Committee requests the Government to provide information in its next report on the practical application of this provision of the Convention.

Articles 6–15. With reference to its previous comments, the Committee notes that, according to the Government, the legislation governing occupational safety has not been repealed and that Rwanda-Urundi (ORU) Ordinance No. 21/94 of 24 July 1953 establishing the legal framework for occupational safety in the building industry has not been revoked, and that the Government is envisaging its re dissemination. The Committee requests the Government to provide clarification on the legislation in force to enable it to assess how the Convention is applied in Burundi.

Part V of the report form. Further to its previous comments, the Committee notes the statistical data in the Government’s report showing trends in the number of active workers and the numbers receiving occupational risk benefits between 2000 and 2004, and the distribution of enterprises according to size and branch of economic activity at 31 December 2004. The Committee requests the Government to provide further information in its next report regarding trends in accidents in the building industry, together with any other relevant information allowing the Committee to assess how the safety standards established in the Convention are applied in practice.

Revision of the Convention. The Committee draws the Government’s attention to the Safety and Health in Construction Convention, 1988 (No. 167), which revises Convention No. 62 of 1937 and could well be better adapted to the current situation in the building sector. It again points out that the ILO Governing Body invited States parties to Convention No. 62 to envisage the ratification of Convention No. 167, which entails, ipso jure, immediate denunciation of Convention No. 62 (GB.268/8/2). The Committee requests the Government to provide information on any action taken on this suggestion.

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

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

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

Repetition

The Committee notes the information contained in the Government’s report and the statistical data. It notes with regret that, despite the comments it has been making for a number of years, the legislation to apply the Convention has not been changed.

Article 4 of the Convention. Inspection system. Further to its previous comments, the Committee notes from the information provided that the Government will explore possibilities for training labour inspectors to monitor safety prescriptions in the building sector. The Government nevertheless points out in its report that managers in charge of occupational risk prevention at the National Social Security Institute (INSS) are qualified to carry out inspections in the building sector and that they give useful instructions to the employers concerned. The Committee requests the Government to provide information in its next report on the practical application of this provision of the Convention.

Articles 6–15. With reference to its previous comments, the Committee notes that, according to the Government, the legislation governing occupational safety has not been repealed and that Rwanda-Urundi (ORU) Ordinance No. 21/94 of 24 July 1953 establishing the legal framework for occupational safety in the building industry has not been revoked, and that the Government is envisaging its re dissemination. The Committee requests the Government to provide clarification on the legislation in force to enable it to assess how the Convention is applied in Burundi.

Part V of the report form. Further to its previous comments, the Committee notes the statistical data in the Government’s report showing trends in the number of active workers and the numbers receiving occupational risk benefits between 2000 and 2004, and the distribution of enterprises according to size and branch of economic activity at 31 December 2004. The Committee requests the Government to provide further information in its next report regarding trends in accidents in the building industry, together with any other relevant information allowing the Committee to assess how the safety standards established in the Convention are applied in practice.

Revision of the Convention. The Committee draws the Government’s attention to the Safety and Health in Construction Convention, 1988 (No. 167), which revises Convention No. 62 of 1937 and could well be better adapted to the current situation in the building sector. It again points out that the ILO Governing Body invited States parties to Convention No. 62 to envisage the ratification of Convention No. 167, which entails, ipso jure, immediate denunciation of Convention No. 62 (GB.268/8/2). The Committee requests the Government to provide information on any action taken on this suggestion.

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

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

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

The Committee notes the information contained in the Government’s report and the statistical data. It notes with regret that, despite the comments it has been making for a number of years, the legislation to apply the Convention has not been changed.

Article 4 of the Convention. Inspection system. Further to its previous comments, the Committee notes from the information provided that the Government will explore possibilities for training labour inspectors to monitor safety prescriptions in the building sector. The Government nevertheless points out in its report that managers in charge of occupational risk prevention at the National Social Security Institute (INSS) are qualified to carry out inspections in the building sector and that they give useful instructions to the employers concerned. The Committee requests the Government to provide information in its next report on the practical application of this provision of the Convention.

Articles 6–15. With reference to its previous comments, the Committee notes that, according to the Government, the legislation governing occupational
safety has not been repealed and that Rwanda-Urundi (ORU) Ordinance
No. 21/94 of 24 July 1953 establishing the legal framework for occupational safety in the building industry has not been revoked, and that the Government is envisaging its re-dissemination. The Committee requests the Government to provide clarification on the legislation in force to enable it to assess how the Convention is applied in Burundi.

Part V of the report form. Further to its previous comments, the Committee notes the statistical data in the Government’s report showing trends in the number of active workers and the numbers receiving occupational risk benefits between 2000 and 2004, and the distribution of enterprises according to size and branch of economic activity at 31 December 2004. The Committee requests the Government to provide further information in its next report regarding trends in accidents in the building industry, together with any other relevant information allowing the Committee to assess how the safety standards established in the Convention are applied in practice.

Revision of the Convention. The Committee draws the Government’s attention to the Safety and Health in Construction Convention, 1988 (No. 167), which revises Convention No. 62 of 1937 and could well be better adapted to the current situation in the building sector. It again points out that the ILO Governing Body invited States parties to Convention No. 62 to envisage the ratification of Convention No. 167, which entails, ipso jure, immediate denunciation of Convention No. 62 (GB.268/8/2). The Committee requests the Government to provide information on any action taken on this suggestion.

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

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes the information contained in the Government’s report and the statistical data. It notes with regret that, despite the comments it has been making for a number of years, the legislation to apply the Convention has not been changed.

2. Article 4 of the Convention. Inspection system. Further to its previous comments, the Committee notes from the information provided that the Government will explore possibilities for training labour inspectors to monitor safety prescriptions in the building sector. The Government nevertheless points out in its report that managers in charge of occupational risk prevention at the National Social Security Institute (INSS) are qualified to carry out inspections in the building sector and that they give useful instructions to the employers concerned. The Committee requests the Government to provide information in its next report on the practical application of this provision of the Convention.

3. Articles 6 to 15. With reference to its previous comments, the Committee notes that, according to the Government, the legislation governing occupational safety has not been repealed and that Rwanda-Urundi (ORU) Ordinance
No. 21/94 of 24 July 1953 establishing the legal framework for occupational safety in the building industry has not been revoked, and that the Government is envisaging its redissemination. The Committee requests the Government to provide clarification on the legislation in force to enable it to assess how the Convention is applied in Burundi.

4. Part V of the report form. Further to its previous comments, the Committee notes the statistical data in the Government’s report showing trends in the number of active workers and the numbers receiving occupational risk benefits between 2000 and 2004, and the distribution of enterprises according to size and branch of economic activity at 31 December 2004. The Committee requests the Government to provide further information in its next report regarding trends in accidents in the building industry, together with any other relevant information allowing the Committee to assess how the safety standards established in the Convention are applied in practice.

5. Revision of the Convention. The Committee draws the Government’s attention to the Safety and Health in Construction Convention, 1988 (No. 167), which revises Convention No. 62 of 1937 and could well be better adapted to the current situation in the building sector. It again points out that the ILO Governing Body invited States parties to Convention No. 62 to envisage the ratification of Convention No. 167, which entails, ipso jure, immediate denunciation of Convention No. 62 (GB.268/8/2). The Committee requests the Government to provide information on any action taken on this suggestion.

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

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

Article 4 of the Convention. The Committee notes the Government’s statement that, in practice, labour inspectors carry out few visits in the construction sector because they lack the necessary technical competence, training being needed in masonry, electricity, plumbing and carpentry. The Committee asks the Government to take the necessary steps to ensure that training for labour inspectors is adapted to supervision of safety prescriptions in the construction sector.

Article 6 and Part V of the report form. The Committee recalls that it had taken note of the statistical information sent by the Government with its report in 1991. It notes that since then, the Government’s reports contain no statistical information as required by Article 6 of the Convention and the corresponding report form. The Committee further recalls that under the abovementioned Article, Members ratifying the Convention undertake to supply with their reports the most up-to-date statistics available on the number and classification of accidents occurring to persons occupied on work within the scope of the Convention and that, according to the report form on this Convention, governments are asked to supply in addition as many details as possible regarding the number of persons occupied in the construction industry and covered by the statistics.

In the absence of the abovementioned statistics, the Committee is unable to assess the manner in which the safety provisions established by the Convention are applied in practice, which is the more regrettable as construction is among the sectors with the highest accident risks. The Committee therefore asks the Government not to fail to provide all the statistical information required by the abovementioned Article of the Convention in its next report.

Articles 7 to 15. The Committee notes the provisions of Rwanda-Urundi (ORU) Ordinance, No. 222/167 of 20 March 1958, issuing general provisions on safety in the workplace. It notes in particular the provisions of section 16 on stairways, ladders, gangways, platforms, etc.

The Committee notes that the texts cited by the Government as applying the provisions of the Convention apply it only in part. The Committee notes that the Government no longer refers in its report to the ORU, No. 21/94 of 24 July 1953, establishing the legal framework for occupational safety in the construction industry, as amended by ORU No. 23/148 of 11 October 1955, several provisions of which apply those of the Convention. It further notes that the provisions of the Act of 29 June 1962 stipulate that: "in so far as they are not contrary to the Constitution of Burundi, regulatory provisions issued by a competent authority shall remain in force until they are expressly repealed or superseded in their entirety by an order (decree or ordinance) issued by the competent body of the Executive of Burundi", and section 306 of the Labour Code of 7 July 1993 providing that "earlier provisions which are not contrary to the present Code shall remain in force until the date of their express revocation". The Committee asks the Government to indicate the texts currently in force and those which have been expressly repealed or superseded in their entirety, and to supply the Office with the texts amending the national legislation so that the Committee can ascertain whether the latter gives effect to the provisions of the Convention.

In view of the express reference made by the Government in its report to Ordinance No. 222/167 and the technical and social changes that have occurred since its adoption, the Committee asks the Government to provide detailed information, article by article, on the application of Articles 7 to 10 of the Convention concerning scaffolding and Articles 11 to 15 of the Convention concerning hoisting equipment.

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

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

The Committee notes the information supplied by the Government in its report.

Article 4 of the Convention. The Committee notes the Government’s statement that, in practice, labour inspectors carry out few visits in the construction sector because they lack the necessary technical competence, training being needed in masonry, electricity, plumbing and carpentry. The Committee asks the Government to take the necessary steps to ensure that training for labour inspectors is adapted to supervision of safety prescriptions in the construction sector.

Article 6 and Part V of the report form. The Committee recalls that it had taken note of the statistical information sent by the Government with its report in 1991. It notes that since then, the Government’s reports contain no statistical information as required by Article 6 of the Convention and the corresponding report form. The Committee further recalls that under the abovementioned Article, Members ratifying the Convention undertake to supply with their reports the most up-to-date statistics available on the number and classification of accidents occurring to persons occupied on work within the scope of the Convention and that, according to the report form on this Convention, governments are asked to supply in addition as many details as possible regarding the number of persons occupied in the construction industry and covered by the statistics.

In the absence of the abovementioned statistics, the Committee is unable to assess the manner in which the safety provisions established by the Convention are applied in practice, which is the more regrettable as construction is among the sectors with the highest accident risks. The Committee therefore asks the Government not to fail to provide all the statistical information required by the abovementioned Article of the Convention in its next report.

Articles 7 to 15. The Committee notes the provisions of Rwanda-Urundi (ORU) Ordinance, No. 222/167 of 20 March 1958, issuing general provisions on safety in the workplace. It notes in particular the provisions of section 16 on stairways, ladders, gangways, platforms, etc.

The Committee notes that the texts cited by the Government as applying the provisions of the Convention apply it only in part. The Committee notes that the Government no longer refers in its report to the ORU, No. 21/94 of 24 July 1953, establishing the legal framework for occupational safety in the construction industry, as amended by ORU No. 23/148 of 11 October 1955, several provisions of which apply those of the Convention. It further notes that the provisions of the Act of 29 June 1962 stipulate that: "in so far as they are not contrary to the Constitution of Burundi, regulatory provisions issued by a competent authority shall remain in force until they are expressly repealed or superseded in their entirety by an order (decree or ordinance) issued by the competent body of the Executive of Burundi", and section 306 of the Labour Code of 7 July 1993 providing that "earlier provisions which are not contrary to the present Code shall remain in force until the date of their express revocation". The Committee asks the Government to indicate the texts currently in force and those which have been expressly repealed or superseded in their entirety, and to supply the Office with the texts amending the national legislation so that the Committee can ascertain whether the latter gives effect to the provisions of the Convention.

In view of the express reference made by the Government in its report to Ordinance No. 222/167 and the technical and social changes that have occurred since its adoption, the Committee asks the Government to provide detailed information, article by article, on the application of Articles 7 to 10 of the Convention concerning scaffolding and Articles 11 to 15 of the Convention concerning hoisting equipment.