Occupational Safety and Health Convention, 1981 (No. 155) - Mauritius (Ratification: 2014)

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 155 (occupational safety and health) and 187 (promotional framework for OSH) together.

I. Action at the national level

A. National policy

Article 2(3) of Convention No. 187. Measures that could be taken, in consultation with the social partners, to ratify relevant OSH Conventions. Following its previous comment, the Committee notes that the following conventions were examined by the tripartite Advisory Council for OSH: the Asbestos Convention, 1986 (No. 162), the Occupational Safety and Health (Dock Work) Convention, 1979 (No.152), the Hygiene (Commerce and Offices) Convention, 1964 (No. 120), the Occupational Health Services Convention, 1985 (No. 161), the Safety and Health in Construction Convention, 1988 (No.167), and the Safety and Health in Agriculture Convention, 2001 (No. 184). The Committee notes that the Council has reviewed several ILO Conventions and Recommendations with a view to using them to update the national OSH legislation and improve working conditions. It takes note of the legislation and guidelines examined by the ACOSH. The Committee takes note of this information, which addresses its previous request.

Article 5(b) of Convention No. 155. Relationships between the material elements of work and the persons who carry out or supervise the work. In its previous comment, the Committee noted that a number of elements of Article 5(b) of the Convention do not seem to be covered by the OSH policy or legislation, including the adaptation of working time, the organization of work and work processes to the physical and mental capacities of the workers. The Committee requested the Government to provide further information on the extent to which the national OSH policy takes into account all the elements listed in Article 5(b) of the Convention. The Committee notes the Government’s indication that section 5(1) of the OSH Act 2005, which requires employers to ensure the safety and health of their employees, is being amended to include “mental health” in the definition of health. The Government also refers to the Risk Assessment Guidelines 2011, which are intended to provide guidance to employers on the hazards to be considered when carrying out the risk assessment. The types of hazards to be considered are: chemical, mechanical, physical, biological, psychosocial, environmental, fire and ergonomic. The Risk Assessment Guidelines also require employers to take into consideration workers with incapacities, young/old workers and pregnant workers. The Committee requests the Government to provide information on the amendment of section 5(1) of the OSH Act and to provide a copy once adopted.

Article 5(e) of Convention No. 155. Spheres of action in the national OSH policy. Protection of workers and their representatives from disciplinary measures. In its previous comment, the Committee requested the Government to provide information on the measures taken to ensure that workers and their representatives are protected from disciplinary measures as a result of actions properly taken by them. The Committee notes that the Government refers to section 15(2) of the OSH Act, which provides that no civil or criminal action, or any form of disciplinary proceedings, shall lie against any employee as a result of a complaint made in good faith against his employer under the Act. The Committee further notes that section 23(7) of the OSH Act provides that no civil, criminal or disciplinary action shall lie against a member of the Safety and Health Committee in respect of anything done in good faith under the Act. The Committee takes note of this information, which addresses its previous request.

Article 14 of Convention No. 155. Measures for the inclusion of questions of occupational safety and health at all levels of education and training. In its previous comment, the Committee noted that educational institutions at the primary, secondary, tertiary and vocational levels have included occupational safety and health questions in their courses. The Committee notes that the National OSH Programme provides for the introduction of OSH curricula at all levels of education and supporting research work in collaboration with universities and professional institutions. The Committee requests the Government to provide detailed information on the measures taken with a view to promoting, in a manner appropriate to national conditions and practice, the inclusion of questions of occupational safety and health and the working environment at all levels of education and training, including higher technical, medical and professional education, in a manner meeting the training needs of all workers.

B. National system

Article 11(b) of Convention No. 155. Functions to be carried out progressively including the determination of work processes and of substances and agents the exposure to which is to be controlled by the competent authority or authorities; health hazards due to the simultaneous exposure to several substances or agents. Following its previous comment, the Committee notes the Government’s reference to the Dangerous Chemical Control Act 2004 (DCCA). The Committee notes that, under section 7 of the DCCA, the Dangerous Chemicals Control Board is responsible for, among other things, classifying dangerous chemicals after consultation with the Advisory Council on Dangerous Products, considering applications for the grant of licences, permits and authorizations, issuing prohibition notices and registering dangerous chemicals. Furthermore, the Committee notes that the DCCA lists the dangerous and extremely dangerous chemicals, the prohibited chemicals, the enforcing agencies, the measures to be taken regarding scheduled operation, and that it regulates the transport, storage and handling of dangerous chemicals. In addition, the Committee notes the Government’s reference to the OSH (Noise at Work) Regulation 2012, which requires employers to ensure that workers receive appropriate medical surveillance; the OSH (Control of Asbestos at Work) Regulation 2014, which relates to the prohibition of asbestos; and section 8 of the OSH Act 2005, which prohibits the employment of young workers in certain activities. Finally, the Government indicates that employers should consider simultaneous exposure during risk assessment. The Committee takes note of this information, which addresses its previous request.

Article 11(c) of Convention No. 155 and Article 4(3)(f) and (g) of Convention No. 187. Establishment and application of procedures for the notification of occupational accidents and diseases by insurance institutions. Collaboration with insurance and social security schemes. Further to its previous comment, the Committee notes the Government’s indication that the OSH Act 2005 is being amended to include the reporting of occupational accidents by insurance companies. In addition, the Committee notes that occupational accidents are reported to the OSH Division, under the Ministry of Labour, Human Resource Development and Training, and that occupational diseases are reported to the Occupational Health Unit of the Ministry of Health and Wellness. Occupational industrial injuries are reported to the Ministry of Social Security and National Solidarity to obtain industrial injury benefits, as the self-employed and employees are entitled to industrial injury benefit and disablement benefit under the Social Contribution and Social Benefits Act 2021. The Workmen’s Compensation Act 1931 applies where, in any employment, a worker suffers personal injury by accident arising out of and in the course of employment. Finally, the Committee notes that an analysis of accidents reported to the OSH Division is carried out on a yearly basis. The Committee requests the Government to provide information on any developments regarding the revision of the OSH Act to give full effect to Article 11(c) of the Convention.

Article 11(e) of Convention No. 155. Annual publication of information on the measures taken in pursuance of the national policy. Further to its previous comment, the Committee notes the Government’s indication that data on the number of notifiable fatal accidents, notifiable non-fatal accidents and non-notifiable accidents, as well as the number of cases brought to the courts are published on the website of the Ministry. The Committee notes that the Government does not provide information on the effect given to Article 11(e) regarding the annual publication of information on the measures taken in pursuance of the national OSH policy and on occupational diseases and injuries arising in the course of or in connection with work. The Committee requests the Government to provide information on the measures progressively taken to give full effect to Article 11(e).

Article 4(3)(h) of Convention No. 187. Micro-enterprises, small and medium-sized enterprises (SMEs) and the informal economy. Following its previous comment, the Committee notes the Government’s indication that OSH training and advice is provided free of charge to all stakeholders, including micro-enterprises, SMEs and the informal economy. The Committee further notes that, in the context of the COVID-19 pandemic, and to address the economic hardship of the self-employed, micro-enterprises, SMEs and the informal economy, the Government has established the Self-employed Assistance Scheme and the Government Wage Assistance Scheme. In this regard, the Government indicates that, to benefit from these schemes, the self-employed and employees in the informal economy had to be registered with the Mauritius Revenue Authority, which resulted in a significant decrease in the number of persons working in the informal sector. The Committee requests the Government to continue providing information on the support mechanisms adopted for a progressive improvement of occupational safety and health conditions in micro-enterprises, small and medium-sized enterprises and the informal economy.

C. National programme

Article 5(1) and (2)(c) and (e) of Convention No. 187. Formulation, implementation, monitoring, evaluation and periodic review of the national OSH programme. Requirements of the national programme. Further to its previous comment, the Committee notes the Government’s indication that the 2009 National Occupational Safety and Health Profile is being reviewed with the assistance of the ILO to identify challenges in existing and emerging sectors in Mauritius and to propose measures to mitigate the risks and overcome obstacles. The Committee notes that an updated National Occupational Safety and Health Programme will be developed accordingly. Finally, it notes the activities carried out in the area of OSH in the context of the implementation of the Decent Work Country Programme 2012–14. The Committee requests the Government to continue providing information on the evaluation and periodical review of the national OSH programme. Moreover, it requests the Government to provide information on the outcome of the consultations held in this regard. Finally, the Committee requests the Government to indicate the measures adopted to ensure that the national OSH programme is formulated and reviewed on the basis of the analysis of the national OSH situation, and includes objectives, targets and progress indicators.

II. Action at the level of the enterprise

Article 19(b) and (c) of Convention No. 155. Rights of representatives of workers in the field of occupational safety and health. In its previous comment, the Committee noted the Government’s indication that the necessary amendments were being made to the OSH Act in order to implement these provisions of the Convention. The Committee notes that the Government has not provided information in this regard. The Committee once again requests the Government to provide information on any progress made in the adoption of the amendments to the OSH Act on this subject, and particularly on the manner in which they give effect to Article 19(b) and (c) of the Convention.

Article 19(e) of Convention No. 155. Inquiries by workers and their representatives, and their consultation on all aspects of OSH. Further to its previous comment, the Committee notes the Government’s indication that section 20 of the OSH Act 2005 is being amended. It indicates that once this section has been amended, following a request made by an employee, the employer shall within 28 days of a written request made by an employee, communicate to him the findings of the relevant part of the risk assessment in relation to the risks to which he is exposed whilst at work. The Committee requests the Government to provide information on any progress in the adoption of this amendment to the OSH Act, and to communicate a copy of the amended Act once it becomes available.

Article 20 of Convention No. 155 and Article 4(2)(d) of Convention No. 187. Cooperation between management, workers and their representatives. Further to its previous request on the arrangements made to ensure cooperation between management and workers and/or their representatives within undertakings employing fewer than 50 workers, the Committee notes the Government’s indication that, under the Risk Assessment Guidelines, it is recommended that the team that carries out the assessment shall, in so far as is reasonably practicable, consist of both employees’ and employer’s representatives. It should normally include safety and health personnel, safety and health representatives, a representative of the maintenance team and where necessary specialists in specific fields. The Committee takes note of this information, which addresses its previous request.

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

The Committee notes the first report provided by the Government.

Article 5(b) of the Convention. Relationships between the material elements of work and the persons who carry out or supervise the work. The Committee notes the Government’s brief statement that this provision of the Convention is covered by the national occupational safety and health (OSH) policy, according to which it is required to elaborate specific measures to be taken concerning physical, chemical, biological, ergonomic and psychosocial hazards at all workplaces. The OSH policy also requires designers, manufacturers, importers and suppliers to provide adequate information on the product for the user. However, the Committee notes that a number of elements of this provision do not seem to be covered by the policy or the OSH legislation, including the adaptation of working time, the organization of work and work processes to the physical and mental capacities of the workers. The Committee therefore requests the Government to provide further information on the extent to which the national policy on OSH takes into account all the elements listed in Article 5(b) of the Convention.

Article 5(e). Protection of workers and their representatives from disciplinary measures for actions properly taken in conformity with the policy. The Committee notes the Government’s indication that the OSH Act is currently being amended to bring it into conformity with this provision. The Committee requests the Government to provide information on any developments regarding the revision of the OSH Act, and particularly, on the manner in which it would give effect to this provision. The Committee also requests the Government to provide a copy of the OSH Act, once it has been amended.

Article 11(b). Functions to be carried out progressively including the determination of work processes and of substance and agents, the exposure to which is to be controlled by the competent authority or authorities; health hazards due to the simultaneous exposure to several substances or agents. The Committee notes the Government’s reference to section 67(1) of the OSH Act pursuant to which the handling, storage or use of any substances prohibited under regulations made by the Minister is prohibited. In addition, the OSH Act provides a list of substances hazardous to health in this respect. However, the Committee notes that the Government’s report does not contain information on any functions of the competent authority regarding the determination of work processes and on whether health hazards due to the simultaneous exposure to several substances or agents are taken into consideration in the application of this provision of the Convention. The Committee therefore requests the Government to indicate whether the competent authority has made arrangements to prohibit, limit or make subject to authorization certain work processes, and to provide information on the existence of mechanisms for examining health hazards due to simultaneous exposure to several substances.

Article 11(c) and (e). Establishment and application of procedures for the notification of occupational accidents and diseases by insurance institutions and the annual publication of information on measures taken in pursuance of the national policy. The Committee notes the Government’s indication that the necessary amendment to the OSH Act is under review, which will ensure the notification of occupational accidents and diseases by insurance institutions to the Director, Occupational Safety and Health. In addition, the Committee notes that the Government does not provide information on the effect given to Article 11(e) regarding the annual publication of information on the measures taken in pursuance of the national OSH policy. The Committee requests the Government to provide information on any developments regarding the revision of the OSH Act that will give full effect to Article 11(c) of the Convention. The Committee also requests the Government to provide information on the measures taken or envisaged to ensure the annual publication of information on the action taken in pursuance of the national OSH policy pursuant to Article 11(e) of the Convention.

Article 14. Measures for the inclusion of questions of occupational safety and health at all levels of education and training. The Committee notes the Government’s general statement that educational institutions at primary, secondary, tertiary and vocational levels, have already included or are in the process of incorporating occupational safety and health questions in their courses, which is also required under the national OSH policy. The Committee requests the Government to provide further information on the specific measures taken in this respect.

Article 19(b), (c) and (e). Rights of representatives of workers in the field of occupational safety and health. The Committee notes the Government’s indication that the necessary amendments are being made to the OSH Act in order to implement these provisions of the Convention. The Committee requests the Government to provide information on any progress with regard to the adoption of the amendments to the OSH Act in this respect, in particular on the manner in which it would give effect to these paragraphs of Article 19 of the Convention.

Article 20. Cooperation at the level of the undertaking. The Committee notes that, pursuant to section 5(3) of the OSH Act, every employer shall consult representatives of employees who sit on the safety and health committee with a view to the making and maintenance of arrangements, which will enable the employer and the employees to cooperate effectively in promoting and developing measures to ensure safety and health at work, and in assessing the effectiveness of such measures. The Committee notes that, in accordance with the wording of section 21 of the OSH Act, the establishment of a safety and health committee is required for employers employing 50 or more workers and that, where fewer than 50 workers are employed, it may be required by the competent authority. The Committee requests the Government to provide further information on arrangements made to ensure cooperation between management and workers and/or their representatives within undertakings employing less than 50 workers.