Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Mali

White Lead (Painting) Convention, 1921 (No. 13) (Ratification: 1960)
Occupational Safety and Health Convention, 1981 (No. 155) (Ratification: 2016)

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 13 (white lead) and 155 (OSH) together in a single comment.

The Committee notes the observations of the National Council of Employers of Mali (CNPM) on the application of Convention No. 155, communicated with the Government’s report.

1. Occupational Safety and Health Convention, 1981 (No. 155)

Article 1(2) and (3) of the Convention. Exclusions. The Committee previously noted that the protection measures provided for in the Convention apply to all branches of economic activity, with the exception of magistrates, civil servants and the armed forces, which are also excluded from the scope of application of Act No. 92-020 of September 23 of 1992 issuing the Labour Code, as amended (hereinafter the Labour Code). The Committee notes the Government’s indication in its report that the representative organizations of employers and workers are consulted on the occasion of the drafting, adoption or amendment of the Labour Code and the various regulations governing excluded categories of workers. The Committee requests the Government to provide fuller information on the manner in which the representative organizations of employers and workers concerned were consulted with regard to these exclusions, what special problems of a substantial nature led to these exclusions being adopted following consultation and to describe the measures adopted to give adequate protection to workers in the excluded branches and to indicate in future reports any progress towards the wider application of the Convention.

Articles 4, 7 and 8. National OSH policy, formulated in consultation with the most representative organizations of employers and workers. Further to its previous request on the progress made towards the formulation of the National Occupational Safety and Health Policy, the Committee notes the Government’s indication that a meeting of the Steering Committee was held on 30 July 2021 to establish the future stages of the finalization of the Policy and integrate the observations of the social partners in the draft document. The Government adds that a follow-up and evaluation mechanism is envisaged for the National OSH Policy, including: (i) the preparation every six months of a report on the implementation of the National OSH Policy by the Permanent Secretariat of the Higher Council for Prevention, which is to be established; (ii) the mid-term evaluation of implementation after three years; and (iii) the final evaluation following five years of implementation. The Government indicates that the review of the National OSH Policy will be undertaken following five years of its implementation in practice on the basis of the relevant findings of the mid-term evaluation reports and the final report. The Government adds, however, that while awaiting the creation of the Higher Council for Prevention, follow-up will be undertaken by a committee created by order of the Minister of Labour. This committee will be responsible for preparing an annual report which will be submitted to the political authorities (the Ministries of Labour, Health, Finance, etc.) and communicated to all the actors concerned, including employers’ and workers’ organizations. The Committee requests the Government to continue providing information on the progress achieved in the formulation of the National OSH Policy, including the consultations held in the Steering Committee, and to provide a copy of the National OSH Policy once it has been adopted. It also requests the Government to continue providing information on the manner in which the National OSH Policy is periodically reviewed and on the other measures taken to review the OSH situation at appropriate intervals.

Articles 5(c) and 19(d). Training of workers and their representatives. Further to its previous request, the Committee notes the Government’s indication that the draft National OSH Policy takes into account the training, skills and motivation of the persons involved through the following: (i) the strengthening of the capacities of training schools and institutions; (ii) the development of training programmes and/or awareness-raising based on a participatory approach focussing on the improvement of working conditions in small and medium-sized enterprises, the agricultural sector, building and public works and the informal sector; (iii) the recruitment of specialized OSH personnel; (iv) the incorporation of OSH courses in national education courses; (v) initial, further and specialized OSH training for doctors, nurses, labour inspectors, social security prevention technicians, occupational hygienists, ergonomists, safety engineers, environmental specialists, etc. The Government adds that labour and social security administrators, recruited through the National School of Administration, receive initial training in OSH. The Government further refers to section L.11 of the Labour Code, which provides that training leave shall be granted to designated workers to follow training and further training courses included in the training plan of the enterprise in which they exercise their trade. However, the Government indicates that it does not have statistics available on the training organized for workers, staff delegates and members of safety and health committees. The Committee requests the Government to continue providing information on the manner in which the National OSH Policy takes into account the training, skills and motivation of the persons involved to ensure that adequate levels of safety and health are achieved, and on the measures that are implemented in practice. It also requests the Government to take measures in law and practice to ensure that workers, staff delegates and members of the safety committee and their representatives in the enterprise receive appropriate training in the field of OSH.

Article 5(e). Protection of workers and their representatives from disciplinary measures. In its previous comment, the Committee noted that, under the terms of section 282-2 of Decree No. 96-178, the members of safety and health committees benefit from the legal protection set out in section L.277 of the Labour Code for staff representatives, which requires the authorization of the labour inspector in the event of dismissal. The Committee notes the Government’s indication that the Labour Code does not explicitly provide for the protection of all workers against all disciplinary measures as a result of actions properly taken by them in conformity with the National OSH Policy. The Committee recalls that Article 5(e) of the Convention concerns the protection of all workers and their representatives, and that this protection relates not only to cases of dismissal, but also to all disciplinary measures imposed as a result of actions properly taken by them in conformity with the National OSH Policy. The Committee therefore requests the Government to take the necessary measures, in law and in practice, so that workers and their representatives benefit from protection against all disciplinary measures as a result of actions properly taken by them in conformity with the national policy.

Articles 6 and 19(a). Functions and responsibilities of workers. In reply to its previous request, the Committee notes the Government’s reference in its report to the responsibilities of trade union delegates and staff delegates, as well as those of the members of health and safety committees, but that it does not indicate the manner in which the National OSH Policy sets out the responsibilities of workers in respect of OSH. The Committee therefore requests the Government to indicate the measures adopted or envisaged to specify the responsibilities of workers in respect of OSH within the framework of the National OSH Policy that is being developed. It also requests the Government to indicate the measures taken or envisaged to ensure the cooperation of workers, in the course of performing their work, in the fulfilment of the obligations placed on the employer, in accordance with Article 19(a).

Articles 9 and 15. Adequate and appropriate system of inspection. Necessary coordination between various authorities and bodies. In reply to its previous request concerning the role of the National Social Welfare Institute (INPS) in relation to OSH inspections, the Committee notes the Government’s indication that the INPS includes in its structure an Employment Injury and Occupational Disease Prevention Service which carries out OSH inspection functions with a view to prevention. It adds that the action of the INPS is in principle focussed on prevention, namely through information and awareness-raising, but that between January and December 2019, the INPS Prevention Service controlled occupational safety and health conditions in 118 enterprises. The Committee notes the CNPM’s observations that, as the INPS has no inspection powers and is only mandated to carry out information and awareness-raising activities on the prevention of occupational risks, enterprises should not continue to be subject to such dual control. The Committee requests the Government to indicate the manner in which the Employment Injury and Occupational Disease Prevention Service of the INPS collaborates with the authorities responsible for labour inspection and OSH within the framework of OSH controls, and in order to ensure an appropriate and sufficient inspection system.

Article 11(b) and (f). Determination of work processes and of substances and agents which are prohibited, limited or made subject to authorization or control by the competent authority. Examination of chemical, physical and biological agents. Further to its previous comment, the Committee notes the Government’s reference to section 140 of the Social Welfare Code, under the terms of which any employer that uses work processes liable to cause occupational diseases is required under penalty of a fine to declare them to the labour inspector and the INPS by registered letter prior to the commencement of the work. The Government also refers to section L.171(4) of the Labour Code, which provides that decrees shall determine measures respecting the distribution and use of substances or preparations for industrial use which are liable to be hazardous for workers. The Committee requests the Government to indicate the measures adopted to ensure the determination of substances and agents exposure to which is to be prohibited, limited or made subject to authorization or control by the competent authority or authorities (Article 11(b)) and whether decrees have been issued under section L.171(4) of the Labour Code. The Committee also requests the Government to indicate the measures taken to introduce or develop systems to examine chemical, physical and biological agents in respect of the risk to the health of workers (Article 11(f)).

Article 12(a), (b) and (c). Obligations of those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. Further to its previous comment, the Committee notes that, according to the Government, the obligations of those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use are not determined in the Labour Code, but could be included on the occasion of a future review of the Labour Code. The Committee requests the Government to take the necessary measures to determine the obligations of those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use, as set out in clauses (a) (satisfy themselves that machinery, equipment or substances do not entail dangers); (b) (information and instructions); and (c) (studies and research) of Article 12. It also requests the Government to provide information on the measures adopted for this purpose.

Articles 13 and 19(f). Protection of workers who have removed themselves from situations presenting an imminent and serious danger. In reply to its previous request, the Committee notes the Government’s indication that the national legislation does not contain explicit provisions on the protection of workers who have removed themselves from situations presenting an imminent and serious danger to their life or health. The Committee requests the Government to take the necessary measures to give full effect to Articles 13 and 19(f) of the Convention by ensuring that national laws or regulations set out the right of all workers to remove themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health and not to be required to return to that situation while the imminent and serious danger persists. It also requests the Government to provide information on the measures adopted in this respect.

Article 15. Necessary coordination between various authorities and bodies. Central body. Further to its previous comment, the Committee notes the Government’s indication that, in the context of the formulation of the National OSH Policy, it is planned to establish a Higher Council for the Prevention of Occupational Risks to determine and take forward the principal OSH policy measures. The Government indicates that the Higher Council for the Prevention of Occupational Risks will be composed of the Ministries concerned with OSH matters and occupational organizations of employers and workers, and that it will be chaired by the Minister of Labour. The Committee requests the Government to continue providing information on the progress achieved in the establishment of this central coordination body.

Article 16(2) and (3). Responsibilities of employers. The Committee previously noted that, in accordance with section D.170-4 of Decree No. 96-178, in exceptional cases where the competent labour inspector has recognized that protection measures to evacuate irritating or toxic dust, vapour or gasses are impossible, appropriate masks and protective equipment shall be made available to the workers, and shall be maintained and disinfected before being assigned to other users. The Committee notes the Government’s reference to section 172 of the Labour Code, under the terms of which the employer is responsible for the adoption of measures under the provisions of the Chapter of the Labour Code on health and safety and their implementing texts. However, the Committee notes that section D.170-4 of Decree No. 96-178 relates to specific limited situations. The Government also refers to clause 66(3) of the Collective Agreement for Mining, Geological and Hydrological Companies and Enterprises in Mali, which provides that the personal protective equipment necessary for the performance of the work shall be provided by the employer periodically as determined by the enterprise management. The Committee requests the Government to take measures to ensure that, in accordance with Article 16(2), employers are required to ensure that the chemical, physical and biological substances and agents under their control are without risk to health when the appropriate protection measures are taken. It also requests the Government to provide further information on the measures taken to ensure that employers are required to provide, where necessary and in sectors other than construction and mines, adequate protective clothing and protective equipment to prevent the risk of accidents or of adverse effects to heath, in accordance with Article 16(3).

Article 17. Collaboration between two or more undertakings engaging in activities simultaneously at one workplace. The Committee notes the Government’s reference, in reply to its previous request, to section L.94 of the Labour Code, which relates to work by the task (“tacheronnat”). However, the Committee observes that Article 17 of the Convention refers to a situation in which two or more undertakings engage in activities simultaneously at the same workplace and that it requires collaboration in applying the provisions of the Convention. The Committee therefore requests the Government to take the necessary measures, in law and in practice, to ensure that, on every occasion that enterprises engage simultaneously in activities at the same workplace, they are required to collaborate in applying the provisions of the Convention.

Articles 19(b), (c) and (e) and 20. Cooperation by workers and their representatives with the employer. Further to its previous comment, the Committee notes the Government’s indication that collaboration by workers and their representatives with the employer is demonstrated, for example, by the review of the reports of health and safety committees, which are transmitted to the National Directorate of Labour, in accordance with section D.282-7(2) of Decree No. 96-178/P-RM, as well as during the enterprise inspections carried out by labour inspectors. The Government indicates that, at the end of an inspection, a review meeting is held and recommendations and advice are made to the employer and the safety and health committee. The Committee requests the Government to provide further information on the application in practice of Articles 19(b), (c) and (e) and 20 of the Convention.

Article 21. OSH measures without any expenditure for workers. Further to its previous comment, the Committee notes that the Government refers once again to the provisions under which compulsory medical examinations and any additional examinations are free for workers. The Government also refers to section 54 of the Social Welfare Code, which provides that, in the event of the illness of the worker, her or his spouse or children, the Medical Centre is required to provide care and medicines free of charge. However, the Committee observes that Article 21 of the Convention refers to occupational safety and health measures as a whole and requires that they shall not involve any expenditure for the workers. The Committee therefore requests the Government to take the necessary measures to ensure that occupational safety and health measures do not involve any expenditure for the workers.

Protocol of 2002

Articles 2(a) and 3 of the Protocol. Procedures for recording. Further to its previous comment, the Committee notes the Government’s indication that the establishment and periodic review of procedures for the recording of occupational accidents and cases of occupational disease are always undertaken in consultation with the most representative organizations of employers and workers, which are also members of the Executive Board of the INPS. The Government adds that, in the public sector, the Mali Social Security Fund (CMSS) is in the process of operationalizing provisions of the Act on employment injury of public officials, military personnel and parliamentarians of 2018. The Government indicates that it does not currently have information on the consultations held for these purposes. Finally, the Government indicates that measures will be taken so that the elements envisaged in Article 3(a)(ii), (iii) and (iv), (c) and (d) of the Protocol are included in the recording procedures in future reviews. The Committee requests the Government to provide fuller information on the periodic review of the procedures for the recording of occupational accidents and occupational diseases referred to above, and on the consultations held with the most representative organizations of employers and workers concerning the establishment and periodic review of these procedures. The Committee also requests the Government to take the necessary measures to ensure that the elements envisaged in Article 3(a)(ii), (iii) and (iv), (c) and (d) of the Protocol are included in the procedures for recording.

Articles 2(b) and 4. Procedures for notification. Further to its previous comment, the Committee notes the Government’s indication that measures will be taken so that the procedures for the notification of occupational accidents and occupational diseases include the element envisaged in Article 4(a)(ii) of the Protocol on the occasion of future reviews of these procedures. The Government adds that it does not have information on the consultations held concerning the establishment and periodic review of these procedures, but that the most representative organizations of employers and workers are consulted. The Committee requests the Government to take the necessary measures to ensure that the procedures for notification referred to above include the element envisaged in Article 4(a)(ii) of the Protocol. The Committee also requests the Government to provide information on the consultations that have been held with the most representative organizations of employers and workers concerning the establishment and periodic review of these procedures.

Article 6. Annual publication of statistics. Further to its previous comment, the Committee notes the Government’s indication that no formal system has been established for the collection, analysis and processing of statistics of occupational accidents and occupational diseases, but that statistics of occupational accidents are collective by labour inspection services based on notifications of occupational accidents made by employers and following investigations and inspections undertaken by labour inspectors. The various types of information received on the subject are compiled in the annual activity report of the National Directorate of Labour. In this regard, the Committee notes the statistics of occupational accidents contained in the 2020 annual report of the National Directorate of Labour. The Committee requests the Government to take the necessary measures to ensure the annual publication of statistics, compiled in such a way as to be representative of the country as a whole, concerning occupational diseases and, as appropriate, dangerous occurrences and commuting accidents, as well as the analyses thereof.

2. White Lead (Painting) Convention, 1921 (No. 13)

Article 7 of the Convention. Statistics on morbidity and mortality due to lead poisoning. Application of the Convention in practice. Further to its previous comment, the Committee notes the Government’s indication that the INPS does not have statistical data on morbidity and mortality due to lead poisoning. It indicates that since 2015 there has been no notification by enterprises to the competent services of occupational diseases due to lead poisoning. The Committee notes the Government’s reiterates its request for ILO technical and financial assistance to conduct a survey on the mapping of risks related to the use of lead and its derivatives and on the prevalence of lead poisoning in Mali. The Committee once again hopes that the Government will take the necessary measures to ensure the collection of the data required by Article 7 of the Convention and will provide information on that subject. In the meantime, it requests the Government to provide any available information on lead-related diseases and any other information related to the application of the Convention in practice.