Observation (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 81) sur l'inspection du travail, 1947 - Sénégal (Ratification: 1962)

Article 12(1)(a) and (2) of the Convention. Powers of investigation of labour inspectors. The Committee notes the Government’s reaffirmation that section L.197 of the Labour Code applies Article 12 of the Convention. The Committee notes that, under section L.197(1) and (2) of the Labour Code, “labour and social security inspectors shall be empowered to enter freely, at any hour of the day, any workplace liable to inspection (...)” and “at night, in premises where collective work is carried out”. The Committee reminds the Government that under Article 12(1)(a), inspectors shall be empowered to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection, irrespective of the type of work carried out there. Referring to its previous comments, the Committee once again requests the Government to take the necessary measures, in law and practice, to ensure that inspectors can enter freely any workplace liable to inspection, regardless of the type of work carried out there, not only by day, but also at night.

Article 13(2)(b). Measures with immediate executory force in the event of imminent danger to the health or safety of the workers. The Committee notes the Government’s reaffirmation that section 4 of Decree No. 2006-1255 of 15 November 2006 gives effect to Article 13(2)(b). The Committee notes that under this text, labour inspectors may: (i) apply to the court for an injunction “in the event of a serious or imminent danger that might seriously jeopardize a worker’s safety, resulting from a failure to comply with occupational safety and health laws or regulations” (section 18); (ii) order a cessation of work “in the case of establishments in which the staff are involved in construction work, public works or any other work on buildings”, “in the event of serious or imminent danger resulting from a defect or absence of protection” (sections 19 and 20). The Committee reminds the Government that under Article 13(2)(b), labour inspectors shall be empowered to make or have made orders requiring measures with immediate executory force in the event of imminent danger to the health or safety of the workers. With reference to paragraph 107 of its 2006 General Survey on labour inspection, the Committee also emphasizes that, if the safety and health of workers is under imminent threat, it serves no purpose to investigate the existence of a contravention, the priority being to eliminate the hazard. With reference to its previous comments, the Committee requests the Government to take the necessary measures in law and practice to ensure that, in accordance with Article 13(2)(b), inspectors may order immediate executory measures in the event of imminent danger to the safety and health of the workers, without necessarily establishing the existence of a violation of laws or regulations; in the case of any industrial and commercial establishment, irrespective of the sector concerned.

The Committee is raising other points in a request addressed directly to the Government.