Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) - Togo (Ratification: 2012)

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 2(3) of the Convention. Measures that could be taken to ratify relevant occupational safety and health (OSH) Conventions of the ILO. In its previous comments, the Committee noted the Government’s indication that tripartite consultations have been held on the possibility of ratifying other Conventions in the area of OSH.

The Committee notes that, according to information provided by the Government in its report, employers’ and workers’ organizations are still heavily involved in all activities carried out at the national level and the collaboration is fruitful and dynamic. However, the Government has not periodically considered what measures could be taken to ratify ILO Conventions in the area of OSH. The Committee requests the Government to provide information on the consultations held with the most representative employers’ and workers’ organizations regarding the measures that could be taken to ratify ILO Conventions in the area of OSH, and on the outcome of these consultations.

Articles 3(1) and 4(3)(a). National OSH policy and national tripartite advisory body. The Committee notes that section 168 of the Labour Code establishes the OSH Advisory Committee (CTCSST). The Interministerial decree No. 008/2011/MTESS/CAB/DGTLS of 26 May 2011 establishes the CTCSST’s tripartite composition and its functions, including to study and give opinions on regulations related to working conditions, occupational hygiene and occupational safety and safety and health. The Committee requests the Government to provide further information on the consultations on the national OSH policy held in the context of the CTCSST. It requests additional information on the activities of the CTCSST, including the frequency of its meetings and the OSH issues that are discussed.

Article 4(1). Obligation to establish, maintain, progressively develop and periodically review a national system for OSH, in consultation with the social partners. In its previous comments, the Committee noted that a national system for occupational safety and health, comprising the elements listed in Article 4(2), has been established in consultation with the most representative employers’ and workers’ organizations.

The Committee notes that, according to information provided by the Government, the national system for OSH has not yet been subject to a periodic review. The Committee requests the Government to take steps to ensure that the national system for OSH is reviewed periodically, in consultation with the most representative organizations of employers and workers. The Committee also requests the Government to provide information on the consultations held on this matter.

Article 4(3)(f). Mechanisms for the collection and analysis of data on occupational injuries and diseases. Application of the Convention in practice. In its previous comments, the Committee requested the Government to provide detailed information on the manner in which data on injuries and diseases are collected and analysed under section 172 of the Labour Code and section 51 of the Social Security Code.

The Committee notes the statistical information provided by the Government, according to which, in 2015, some 1,470 cases of occupational accidents and two cases of occupational disease were recorded. The Committee requests the Government to continue its efforts to ensure that data on occupational injuries and diseases are up to date and to continue to provide statistical information on this matter.

Article 4(3)(h). Support mechanisms for a progressive improvement of OSH conditions in microenterprises, in small and medium-sized enterprises and in the informal economy. The Committee notes that, according to information provided by the Government, support mechanisms for a progressive improvement of OSH conditions in microenterprises and small and medium-sized enterprises are planned as part of a project to improve labour governance in microenterprises and in small and medium-sized enterprises and support the transition to the formal sector. The Committee also notes that, with the support of this project, a strategic plan for labour inspection (2018–22) has been formulated, with OSH as one of its priorities. The Committee notes this information.

Article 5. National programme. The Committee notes the Government’s indication that a national programme on OSH has not been formulated. The Committee once again requests the Government to take steps to establish a national OSH programme in accordance with the requirements of paragraphs 1 and 2 of this Article of the Convention. It also requests the Government to supply information on these measures, on the employers’ and workers’ organizations consulted, and on the outcome of these consultations.

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

Technical assistance. The Committee takes notes of the ILO’s technical assistance provided in the framework of time-bound activities concerning international labour standards, financed by the Special Programme Account (SPA) set up by the Governing Body at its 310th Session (March 2011). It notes that a workshop was held in Lomé from 26 to 30 August 2013 to examine the law and practice in the area of occupational safety and health (OSH), with a view to determining the measures to take to implement Convention No. 187.

The Committee notes with interest that this technical assistance resulted in the adoption of a draft national OSH strategy and a roadmap containing recommendations and an action plan accompanied by a schedule for implementing these recommendations. Provision was also made for a follow up committee. The Committee points out that the priorities of the roadmap are to: (a) strengthen the legal and institutional framework; (b) assess and combat at source the risks or dangers inherent in work; (c) develop a national prevention culture in the area of OSH; (d) introduce a training, information and awareness-raising strategy; and (e) promote improvements in the system of rehabilitation and social and occupational reintegration. The Committee hopes that the implementation of this action plan will contribute towards the full application of the provisions of this Convention and that the Government will supply information on any progress achieved in this respect, including on the activities set out in the action plan.

Legislation. The Committee takes note of the Government’s first report on the application of the Convention and notes that, according to the information provided by the Government, the following instruments give effect to this Convention: the Constitution of 14 October 1992; Act No. 2006-010 (13 December 2006) issuing the Labour Code; Decree No. 70-164 (2 October 1970) establishing general safety and health measures applicable to workers in establishments of all kinds; Order No. 004/2011/MTESS/MS establishing the occupational safety and health service; Order No. 005/2011 determining the conditions regarding the various mechanisms for monitoring workers’ health, the work environment, prevention activities, improvements in working conditions, and the follow up and evaluation of activities; Order No. 006/2011 concerning the modalities of approval of occupational safety and health staff; Order No. 007/2011 laying down the special register and health register models; Order No. 008/2011 concerning the composition and functioning of the Technical Advisory Committee on Occupational Safety and Health (CTCSST); and Order No. 009/2011 laying down the modalities of organization and functioning of the occupational safety and health committee. The Committee invites the Government to provide information on any developments in the legislation relative to the application of the Convention.

Article 2(3) of the Convention. Measures that could be taken to ratify relevant occupational safety and health Conventions of the ILO. The Committee notes the Government’s indication that tripartite consultations have been held on the possibility of ratifying other Conventions in the area of OSH, but that no information is at present available on the outcome of these consultations. The Committee requests the Government to provide detailed information on the consultations held with the most representative employers’ and workers’ organizations on the measures that could be taken to ratify ILO Conventions relative to OSH, and on the outcome of these consultations.

Article 3(1). Elaboration of a national OSH policy. The Committee notes the Government’s indication that the terms of reference of the policy were established in consultation with the social partners. The Committee requests the Government to send a copy of the text of the national policy on OSH as soon as it has been adopted.

Article 4(1). Obligation to establish, maintain, progressively develop and periodically review a national system for OSH, in consultation with the social partners. The Committee notes with interest that a national OSH system, comprising the elements listed in Article 4(2), has been established in consultation with the most representative employers’ and workers’ organizations, in particular by adopting Orders implementing the provisions of the Labour Code related to OSH. The Committee requests the Government to provide information on the measures taken to ensure that the national OSH system is periodically reviewed, in consultation with the social partners, and on the outcome of these consultations.

Article 4(3)(h). Support mechanisms for a progressive improvement of OSH conditions in micro-enterprises, in small and medium-sized enterprises and in the informal economy. The Committee notes that the Government’s report is silent on these aspects. The Committee requests the Government to indicate whether support mechanisms for a progressive improvement of OSH conditions in micro-enterprises, in small and medium-sized enterprises and in the informal sector have been established and implemented, and to provide relevant information in this respect.

Article 4(3)(f). Mechanisms for the collection and analysis of data on occupational injuries and diseases. Application of the Convention in practice. The Committee notes that, under section 172 of the Labour Code, the employer is bound to declare to the labour inspector, within a period of 48 hours, any occupational accident that occurs or any occupational disease noted, while section 51 of Act No. 2011-006 issuing the Social Security Code in Togo, stipulates that the victim of an occupational accident must immediately inform his or her employer or supervisors, and that the employer is obliged to submit a report to the National Social Security Fund within three days. The Committee requests the Government to provide detailed information on the manner in which data on injuries and diseases are collected and analysed taking into account the relevant ILO instruments pertaining to the collection and analysis of data. It also asks the Government to provide, if such statistics exist, information on the number of workers covered by the legislation, the number and nature of violations reported and the number, nature and causes of the occupational accidents and diseases reported.

Article 5. National programme. The Committee notes the Government’s indication that a national OSH programme has not been formally developed but that there are various practices in this area. The Committee requests the Government to make every effort to take measures to establish a national OSH programme in accordance with the provisions of paragraphs 1 and 2 of this Article of the Convention. Please also supply information on these measures, on the employers’ and workers’ organizations consulted in this regard, and on the outcome of these consultations.