Observation (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 161) sur les services de santé au travail, 1985 - Burkina Faso (Ratification: 1997)

Legislation. The Committee notes with satisfaction the adoption of the new Labour Code, Act No. 028/2008/AN of 13 May 2008 (Labour Code), including in particular its Part 3 Occupational Health Services, which gives partial effect to the Articles of the Convention. It also notes the adoption of Decree No. 20112-928/PRES/PM/MFPTSS of 21 November 2011 on general measures concerning protection, prevention and safety applicable to all enterprises. The Committee also notes the information that additional implementing legislation is being drafted, including, in particular, regulations implementing sections 262 and 264 of the Labour Code, and regulations on the following subjects: procedures for the establishment of occupational safety and health services across enterprises; functions of the health personnel within occupational safety and health services; equipment and procurement of supplies of prime importance for occupational safety and health services; and models for registers for use by the occupational safety and health services (daily consultation logs and registers concerning occupational accidents and diseases).

Articles 1, 5 and 9 of the Convention. Functions and multidisciplinary nature of the occupational health services. The Committee notes the referenced provisions in sections 255–263 and that according to section 263 further implementing legislation is foreseen. It notes that section 256 provides that the occupational health services is charged with the prevention of occupational risks, and that the functions the occupational health services are required to fulfil according to section 257 include the functions referred to in Article 5(b), (f), (g), (i) and (j), but that it is not quite clear, however, how effect is given to its Article 5(a), (c), (d), (e), (h) and (k). In particular, the Committee notes that contrary to section 256, section 257 does not refer to the preventive aspects of the occupational health services including those related to the identification and assessment of the risks from health hazards in the workplace. In this context, the Committee would also like to emphasize the provisions in Article 9 which require that, in accordance with national law and practice, the occupational health services should be multidisciplinary. The Committee requests the Government to provide further information on the effect given or envisaged to be given to Article 5(a), (c), (d), (e), (h) and (k) and, as appropriate, to take due account of the terms of Articles 1 and 5 in the context of further development of legislation related to occupational health services.

Article 2. Implementation and periodical review of a coherent national policy on occupational health services. The Committee notes the information in the Government’s report, according to which the national occupational safety and health policy has been integrated in a national labour policy. In the absence of a copy of the policy adopted, the Committee cannot fully determine whether the action taken constitutes compliance with this Article of the Convention. The Committee requests the Government to submit a copy of the national occupational safety and health policy which it hopes contains a policy specifically addressing the subject matters of the present Convention, including a mechanism to ensure its implementation and periodical review in consultation with the most representative organizations of employers and workers.

Article 9(2). Collaboration between the occupational health services and other services within the enterprise. Article 10. Professional independence of the personnel providing occupational health services. Article 11. Qualifications required for the personnel providing occupational health services. Article 15. Information to be provided to the occupational health services regarding absences due to ill health. The Committee notes that the referenced provisions in the Labour Code do not appear to give effect to the provisions of these Articles. The Government is requested to provide further information on the measures taken or envisaged to give effect to Articles 9(2), 10, 11, and 15 of the Convention.

Part VI of the report form. Application in practice and requests for technical assistance. The Committee notes the information that the Government would like to benefit from technical assistance in the following four areas: (a) the promotion and the setting up of occupational health services; (b) training of a sufficient number of occupational medical doctors and nurses to ensure the provision of adequate assistance to the occupational health services; (c) training for the specialization of labour inspectors on matters related to occupational safety and health and in the area of international labour standards. The Committee hopes that relevant technical assistance can be carried out and asks the Government to provide information on any steps taken in this respect with the Office. The Committee again requests the Government to provide information concerning the practical application of the Convention in order to follow the progress made.