Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) - New Caledonia

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comments: C.115, C.120, C.127 and C.187

Previous comments: C.115, C.120, C.127 and C.187

In order to provide a comprehensive view of the issues relating to the application of ratified occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine Conventions Nos 115 (radiation protection), 120 (hygiene (commerce and offices)), 127 (maximum weight) and 187 (promotional framework for OSH) together.

Application in practice of Conventions Nos 115, 120, 127 and 187. The Committee notes the detailed information contained in the report of the New Caledonia Compensation Fund for family allowances, occupational accidents and worker protection (CAFAT). This report shows that there were 3,576 occupational accidents in 2019, 3,257 in 2020 and 2,954 in 2021. It also shows that there were 176 commuting accidents with absence from work in 2019, 145 in 2020 and 148 in 2021, and that 80 diseases were recognized as occupational in 2019, 64 in 2020 and 54 in 2021. The Committee notes that CAFAT applies “malus” points (increases, through the application of a safety index, to the rate of contributions for occupational accidents and diseases) to enterprises that regularly fail to observe the principles of occupational risk prevention, and that in 2021 the enhanced monitoring, which was set up for two enterprises to prevent “malus” points from being applied to them, produced rather conclusive results. The Committee also notes that, conversely, CAFAT may apply a lower rate of contribution when the employer has taken special safety and prevention measures. With regard to Convention No. 127, the Committee takes due note of the various initiatives taken by CAFAT, the Directorate of Labour and Employment (DTE), the Labour Inspectorate and the Technical Advisory Committee (CTC) on the prevention of risks associated with the manual transport of loads. The Committee notes, however, that in 2021, of the 54 diseases recognized as occupational, 53 were due to articular diseases (almost half of which concerned people working in commerce, offices, or the public or semi-public services) and the last one was linked to chronic lower back pain due to the manual carrying of heavy loads. With regard to occupational accidents, “manual transport or handling”, which remains the biggest cause of occupational accidents, 851 occupational accidents were accounted in 2020. The Committee requests the Government to continue to provide information on the application in practice of the ratified OSH Conventions, including on the number of occupational accidents and cases of occupational disease, particularly in terms of the manual transport of loads, and particularly in commerce and offices.

Legislation.Noting that the DTE has undertaken to fill the gaps in OSH regulations by drawing up a codification (particularly in the areas of protection against risks related to the inhalation of asbestos, hyperbaric activities, risks related to electricity and night work) and to update the applicable OSH texts, the Committee requests the Government to provide information on any progress achieved towards the adoption of new texts in the above areas, the updating of Decision No. 34/CP of 23 February 1989 of Congress on general safety and health measures, and the amendment to be made to Order No. 2009-4271/GNC of 22 September 2009 on the minimum safety and health requirements relating to the manual handling of loads involving risks, particularly relating to lower back pain, to workers.

A. General provisions

OSH and its promotional framework (Convention No. 187)

• Objective

Article 2(2) of the Convention. Account taken of the principles set out in the relevant instruments of the ILO. Further to its previous comment, the Committee notes that the OSH system is consistent with each of the Conventions listed in the Annex to the Promotional Framework for Occupational Safety and Health Recommendation, 2006 (No. 197), and that the Government has identified the measures taken or envisaged in order to give effect to these Conventions, whether or not they have been ratified by France or declared applicable to New Caledonia. The Committee notes the information provided, which responds to the previous request for information.

Article 2(3). Measures that could be taken to ratify relevant OSH Conventions of the ILO. In response to the Committee’s previous comment, the Government indicates that it has not received any draft text to ensure applicability of the Occupational Cancer Convention, 1974 (No. 139) and the Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) to New Caledonia. The Committee requests the Government to continue to provide information on the periodic examination of the measures that could be taken to ensure applicability of the relevant OSH Conventions of the ILO to New Caledonia, in particular Conventions Nos 139 and 148, but also the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152) and the Safety and Health in Agriculture Convention, 2001 (No. 184), which have also been ratified by France.

• National policy

Article 3(1) and (3). Periodic examination of the national policy. Consultation with the social partners. The Committee notes that, according to the information provided by the Government in response to its previous request, consultation with and participation of the social partners in OSH matters is carried out within the Social Dialogue Council (CDS). The Committee also notes that the CDS is informed of the main areas of the Government’s activity and the reforms that it proposes in various fields such as labour, employment and worker protection, at the annual social conference; that the Government and the CDS inform each other of the progress of the work at quarterly conferences, and that they set out a shared social agenda, which is reviewed on a quarterly basis. The aim of the agenda is, in particular, to enable discussion and ensure follow-up to the work undertaken or planned by the Government. The Committee notes the information provided, which responds to the previous request for information.

Article 3(2). Promotion and advancement, at all levels, of the right of workers to a safe and healthy working environment. In response to the Committee’s previous comment, the Government indicates that the DTE is responsible for, inter alia, the prevention of occupational risks and the improvement of working conditions, and that to this end it relies not only on the institutional bodies – CAFAT, the Occupational Inter-enterprise Medical Service (SMIT) and the Chambers of Commerce (the Chamber of Trade and Crafts, Chamber of Trade and Industry and Chamber of Agriculture) – but also the social partners. The Committee welcomes the fact that Territorial Act No. 2021-4 of 12 May 2021 relating to the New Caledonian public service has created a joint technical committee for each public employer, which is consulted on issues relating particularly to occupational safety and health, and working conditions. In addition, the Committee welcomes the creation, on 1 January 2021, of the Occupational Health and Prevention Service of the Human Resources and Public Service Department of New Caledonia. Lastly, the Committee notes the regular running of the Fair for social dialogue, risk prevention and vocational training and of the Forum for the prevention of occupational risks. The Committee notes the information provided, which responds to the previous request for information.

• National system

Article 4(3)(c). OSH training. Further to its previous comment, the Committee notes that 32 people have received three-year accreditation to provide first-aid training in the workplace, and nine have been given five-year accreditation to carry out coordination tasks in the field of safety and health protection in the building industry. In addition, the Committee notes the information provided on the free training organized by the DTE and CAFAT on occupational health and safety issues, the training offered by the Institute of Social Relations to employers’ and workers’ representatives, as well as the assistance and training provided by the Chambers of Commerce in OSH matters. The Committee notes the information provided, which responds to the previous request for information.

Article 4(3)(d). Occupational health services. In response to the Committee’s previous comment, the Government indicates that the discussions started with the social and institutional partners on the need to reform the occupational health system resulted in the adoption of Territorial Act No. 2020-7 of 15 May 2020, which replaced Chapter III (on occupational health services) of Title VI (on OSH) of the Labour Code, and Decision No. 37/CP of 24 June 2020 on the reform of occupational health services. According to the Government, the above-mentioned Act has overhauled the legal framework for the occupational health system, with the aim of enabling it to meet the reasonable expectations of enterprise stakeholders; and one of the main innovations was the establishment of either medical follow-up adapted to the worker’s situation, or more thorough follow-up in line with the worker’s exposure to certain risks. The Committee notes this information, which responds to its previous request.

Article 4(3)(g). Provisions for collaboration with relevant insurance or social security schemes covering occupational injuries and diseases. In response to the Committee’s previous comment, the Government indicates that the DTE and CAFAT work in close collaboration to raise the awareness of enterprises and involve them in OSH matters, which results in the organization of occupational risk prevention forums and the publication of manuals. The Committee notes this information, which responds to its previous request.

Article 4(3)(h). Support mechanisms formicroenterprises, small and medium-sized enterprises and the informal economy The Government indicates that three mechanisms, in particular, contribute to making progress in support for enterprises: (i) the CTC, which allows enterprises that lodge a request to obtain financial support for additional means of prevention; (ii) the Inter-occupational Fund for Training Insurance, which ensures the financing of OSH training; and (iii) the Institute of Social Relations, which allows workers’ representatives to receive free training. The Committee requests the Government to specify whether these mechanisms apply to microenterprises, small and medium-sized enterprises, and the informal economy.

• National programme

Article 5. National OSH programme. In the absence of information on the current national OSH programme, the Committee requests the Government to provide a copy of this plan and to specify the manner in which it is implemented, monitored, evaluated and periodically reviewed, as well as the role of the social partners and the CDS in this process.

• Protection against specific risks

Radiation Protection Convention, 1960 (No. 115)

Article 9(2) of the Convention. Instruction of workers engaged in radiation work. The Committee notes that, in response to its previous request, the Government indicates that cooperation between the Government and the Nuclear Safety Agency, which was initiated in 2013 and provided for, inter alia, a support and training programme, was renewed for 2016–18, and then for 2019–21. The Committee also notes that the Chamber of Trade and Industry offers training aimed at optimizing protection for workers against radiation in the medical field and that a training centre for those who manage radioactive sources and x-ray machines, as well as for workers using these machines, is being set up. The Committee requests the Government to provide information on the establishment of the above-mentioned training centre.

Maximum Weight Convention, 1967 (No. 127)

Article 4 of the Convention. Account taken of all the conditions in which the work is to be performed. The Committee notes that Order No. 2009-4271/GNC of 22 September 2009 relating to the minimum safety and health requirements for the manual handling of loads involving risks, for workers, particularly to the lower back, will be amended in the next two years and that there are plans to adopt a third annex, establishing a system of reduction coefficients to be applied according to a given situation (for example, a slanting floor). While expressing the hope that a third annex to Order No. 2009-4271/GNC, establishing a system of reduction coefficients, will be adopted shortly, the Committee requests the Government to provide information on this matter and to send a copy of this new regulation, once it has been adopted.

• Protection in specific branches of activity

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

The Committee notes the information provided by the Government in its report in response to its previous request concerning Article 16 of the Convention.

Article 19. First-aid kit. In response to the Committee’s previous comment, the Government indicates that, in the light of the obsolete and incomplete nature of Order No. 3445-T of 30 August 1995, regulating the application of section 19 of Decision No. 50/CP of 10 May 1989 relating to occupational health, amended by Decision No. 432 of 3 November 1993, and relating to first-aid kits, a draft decision concerning first-aid kits in enterprises and an implementing order are being adopted. The Government states that this draft has already been submitted to the competent bodies and then to the social partners within the CDS, which must issue its view shortly. The Committee requests the Government to provide information on any progress achieved towards the adoption of a new regulation concerning first-aid kits in enterprises.

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

The Committee notes the Government’s first report.

Article 2(2) of the Convention. Taking into account the principles set out in relevant ILO instruments. The Committee requests the Government to provide information on the manner in which the principles set out in ILO instruments relevant to the promotional framework for occupational safety and health (OSH), which appear in the annex to Promotional Framework for Occupational Safety and Health Recommendation, 2006 (No. 197), have been taken into consideration in the steps taken towards achieving progressively a safe and healthy working environment.

Article 2(3). Consideration of measures that could be taken to ratify the relevant ILO Conventions on occupational safety and health. The Committee notes that most of the up-to-date Conventions on occupational safety and health ratified by France have been declared applicable to New Caledonia, with the exception of the Occupational Cancer Convention, 1974 (No. 139) and the Workplace Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148). The Committee requests the Government to indicate whether any consideration has been given to the measures that could be taken to declare applicable relevant ILO Conventions on occupational safety and health to New Caledonia.

Article 3(1). Periodic review of the national policy. Consultation with the social partners. The Committee notes the Government’s indication that consultations have been held with the most representative organizations of employers and workers to discuss the formulation, implementation and periodic review of a national policy. It notes in this regard the role of the tripartite Advisory Committee on Labour, whose mandate includes periodically reviewing occupational risk prevention (section R.382-1 of the Labour Code) and issuing guidance on OSH measures that should be taken (sections Lp. 261-18 and R.261-3 of the Labour Code). The Committee requests the Government to provide further information on the manner in which the national policy on OSH is periodically reviewed in consultation with the social partners, and on the role of the Advisory Committee on Labour in this context.

Article 3(2). Promoting and advancing, at all levels, the right of workers to a safe and healthy working environment. The Committee notes the promotional activities cited by the Government, in particular the campaigns for World OSH Day, the morning seminars on prevention and the information sheet for employers on risk assessment, as well as the statistics provided on the decrease in the number of notifications of occupational accidents and diseases for the period 2010–14. The Committee requests the Government to continue to provide information on its promotional activities and their results, and to provide statistics as from 2015 on the advancement of the right of workers to a safe and healthy working environment.

Article 4(3)(c). OSH training. The Committee notes that the objectives of the 2006–08 OSH Plan included the development of training activities, including the compilation and updating of a directory of training bodies and of OSH training courses offered by the Directorate of Labour and Employment (DTE), and the integration of OSH in the training of young persons and in further training. The 2009–14 Plan included the provision of inter-institutional training to promote exchanges and complementary practices. The Committee requests the Government to provide additional information on the results of the initiatives taken to provide OSH training in the framework of the OSH Plans.

Article 4(3)(d). Occupational health services. The Committee notes the difficulties highlighted by the common social agenda for 2016–17 in relation to the loss of effectiveness of occupational medicine and the difficulties in recruitment, as well as the envisaged consultations on this issue between the social partners, the Occupational Inter-enterprise Medical Service and professionals in occupational medicine. The Committee requests the Government to provide information on the measures taken since to address the problems observed in the common social agenda.

Article 4(3)(g). Provisions for collaboration with relevant insurance or social security schemes covering occupational injuries and diseases. The Committee notes that the 2009–14 OSH Plan provided for continued operational coordination between the various risk prevention actors, including the Compensation Fund for Occupational Accidents (CAFAT). The Committee requests the Government to indicate whether this coordination has continued after the end of the 2009–14 OSH Plan.

Article 4(3)(h). Support mechanisms for microenterprises, small and medium-sized enterprises and the informal economy. Noting that the Government’s report and the OSH plans sent with the Government’s report to not provide information on this respect, the Committee requests the Government to indicate whether support mechanisms are in place for a progressive improvement of OSH conditions in microenterprises, in small and medium-sized enterprises and in the informal economy.

Article 5. National programme on OSH. The Committee notes the adoption of plans to promote OSH for 2006–08 and 2009–14. It notes that the focuses of the 2016–20 plan are the promotion of OSH among all actors, including the institutions representing staff; the strengthening of institutional partnerships; and the supervision and organization of professionals involved in occupational risk prevention. The Committee requests the Government to provide the annual reviews of the OSH Plan and to provide further details on the manner in which it is implemented, monitored, evaluated and periodically reviewed, as well as on the role of the social partners and the Advisory Committee on Labour in this process. The Committee also requests the Government to specify how the objectives, targets and indicators are integrated into the national programme on OSH and into the annual reviews of its implementation. Lastly, it requests the Government to continue providing copies of any adopted action plans and to indicate the steps taken to widely publicize the national programme.