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

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

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.