Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Mauritius

Occupational Safety and Health Convention, 1981 (No. 155) (Ratification: 2014)
Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) (Ratification: 2012)

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 155 (occupational safety and health) and 187 (promotional framework for OSH) together.

The Committee notes the observations of the Confederation of Public and Private Sector Workers (CTSP) transmitted by the Government.

Application of the Conventions in practice. The Committee notes the detailed information provided by the Government regarding the statistics on occupational accidents reported to the OSH Division of the Ministry of Labour, Human Resource Development and Training. The Committee notes that in 2023, 15 fatal accidents were reported, which represents an increase from 2022 (when 7 such accidents were reported), and is highest figure recorded in the last 5 years. However, there has also been a continued decrease in the number of non-fatal accidents: 311 such accidents in 2023, down from 331 in 2022, 328 in 2021, 367 in 2020, and 429 in 2019. The Committee requests the Government to pursue its efforts to ensure the application of the Conventions in practice and to continue to provide statistical information on the number of occupational accidents and cases of occupational disease.

Action at the national level

National policy

Article 2(3) of Convention No. 187. Measures that could be taken, in consultation with the social partners, to ratify relevant OSH Conventions. The Committee notes the Government’s indication that a preliminary gap analysis was undertaken on the Asbestos Convention, 1986 (No. 162), the Occupational Safety and Health (Dock Work) Convention, 1979 (No.152), the Occupational Health Services Convention, 1985 (No. 161), the Safety and Health in Construction Convention, 1988 (No.167), and the Safety and Health in Agriculture Convention, 2001 (No. 184). The Government indicates that following discussion in the tripartite Advisory Council on OSH, it was decided to first consider ratification of Convention No. 162. The Committee requests the Government to continue to provide information on the measures adopted to periodically consider what measures could be taken to ratify relevant OSH Conventions.

Article 5(b) of Convention No. 155. Relationships between the material elements of work and the persons who carry out or supervise the work. In response to its previous comments, the Committee notes that the amendment of the Occupational Safety and Health Act (2005) through the OSH (Amendment) Act 2022 included a definition of the term “health” as the absence of disease or infirmity and includes the physical and mental elements affecting health which are directly related to safety and hygiene at work. Further, the 14th Schedule of the OSH Act 2005 was revised to recognize occupational diseases related to musculoskeletal disorders and mental and behavioural disorders as notifiable diseases, and therefore employers are required to examine these factors in carrying out a risk assessment for the purpose of identifying measures to be implemented to ensure safety and health of employees. The Government indicates that the Risk Assessment Guidelines provides that the types of hazards to be considered include psychosocial and ergonomic risks and require employers to take into consideration workers with incapacities, young and old workers and pregnant workers. The Committee requests the Government to continue to provide information on measures adopted or envisaged to give full effect to this article of the Convention, including the adaptation of working time and organisation of work and work processes to the physical and mental capacities of the workers.

Article 14 of Convention No. 155. Measures for the inclusion of questions of occupational safety and health at all levels of education and training. Further to its previous comment, the Committee notes the information provided by the Government that necessary action is being taken to ensure compliance with the inclusion of safety and health in the curriculum at primary and secondary level, including the inclusion of safety and health in the curriculum of grades 1 to 9. The Government also indicates that several tertiary education and vocational institutions had included OSH in their courses and the Government will continue to follow-up on this matter. The Committee requests the Government to continue to provide information on measures taken to ensure the inclusion of questions of occupational safety and health at all levels of education and training.

National system

Article 11(c) of Convention No. 155 and Article 4(3)(f) and (g) of Convention No. 187. Establishment and application of procedures for the notification of occupational accidents and diseases by insurance institutions. Collaboration with insurance and social security schemes. The Committee takes due note of the Government’s indication that section 85 of the OSH Act 2005 was amended by sections 19 and 20 of OSH (Amendment) Act 2022, so that insurers must notify the National OSH Department of occupational accidents and diseases (in addition to the notification requirements for employers). The Committee takes note of this information, which addresses its previous request.

Article 11(c) and (e) of Convention No. 155. Notification of occupational diseases and annual publication of information on the measures taken in pursuance of the national policy. The Committee notes the detailed statistical information provided regarding the number of occupational accidents. It notes the Government’s indication that, for the period under review, no occupational diseases have been reported to the National OSH Department. The Government also indicates that the Occupational Health Unit of the Ministry of Health and Wellness collects data on occupational diseases through medical surveillance notification of occupational diseases. The Committee requests the Government to provide information on the measures taken to strengthen the system for the notification of occupational diseases. It also requests the Government to provide information on the manner in which it ensures the annual publication of information on the measures taken in pursuance of the national OSH policy and on occupational diseases and injuries arising in the course of or in connection with work.

Article 4(3)(h) of Convention No. 187. Micro-enterprises, small and medium-sized enterprises (SMEs) and the informal economy. The Committee requests the Government to provide additional information on the support mechanisms adopted for a progressive improvement of occupational safety and health conditions in micro-enterprises, small and medium-sized enterprises and the informal economy.

National programme

Article 5(1) and (2)(c) and (e) of Convention No. 187. Formulation, implementation, monitoring, evaluation and periodic review of the national OSH programme. Requirements of the national programme. In response to its previous request, the Committee notes the Government’s indication that a recruitment process is underway to hire a consultant to assist with the development of an updated National OSH Programme, and that tripartite consultations are being held within the Advisory Council for Occupational Safety and Health (ACOSH). The Committee requests the Government to continue to provide information on the evaluation and periodical review of the national OSH programme, as well as on the outcomes of the consultations held within ACOSH. The Committee also requests the Government to indicate the measures adopted to ensure that the national OSH programme is formulated and reviewed on the basis of the analysis of the national OSH situation, and includes objectives, targets and progress indicators.

Action at the level of the enterprise

Article 16(3) of Convention No. 155.Adequate protective clothing and equipment. The Committee notes that the CTSP indicates, in its observations, that there is a lack of expertise within the OSH Division regarding the provision of personal protective equipment, which affects particularly migrant workers, with many having to wear their own clothes at work. The CTSP also states that employers are failing to maintain, wash, and replace protective clothing when needed. In response, the Government states that the OSH Act 2005 makes no distinction between local and migrant workers, applying the same requirements to both regarding the provision of personal protective equipment and clothing (pursuant to section 82 of the Act). Additionally, the issuance of personal protective equipment and clothing is verified during on-site inspections. The Committee requests the Government to provide more information on measures taken or envisaged to ensure that employers provide, where necessary, adequate protective clothing and protective equipment to workers.

Articles 16 and 19(b), (c) and (e) of Convention No. 155. Obligations of employers and rights of workers and their representatives in the field of occupational safety and health. The Committee notes the Government’s indication that section 4 of the OSH (Amendment) Act 2022 amended the OSH Act 2005 to require employers to consult workers representatives of the Safety and Health Committee, or where such a committee does not exist, other worker representatives within the undertaking, to promote cooperation on safety and health at work. The Committee also notes the Government’s reference to section 61 of the Finance (Miscellaneous Provisions) Act 2023, which amended the OSH (Amendment) Act 2022 to establish that employers must, before and during risk assessments: (i) consult workers or their representatives to properly identify hazards; (ii) provide information and regular OSH training to workers and their representatives on work hazards and risks, preventive and protective measures and the need to inform the employers, their representative or any other relevant person of any hazard or risk at the place of work; and (iii) ensure that workers or their representatives have the right to request and receive information on the risk assessment report.

The Committee notes that the CTSP indicates, in its observations, that: (i) while risk assessments are required to be conducted by registered safety officers, employers often engage external consultants, who may not possess the requisite skills and expertise for proper risk assessments; and (ii) the contracts of safety officers and/or OSH physicians should not be terminated without the consent of the recognized trade union or a majority of workers, since allowing employers to unilaterally terminate these professionals creates a conflict of interest, as it may discourage them from identifying or reporting OSH deficiencies for fear of job loss. In response, the Government indicates that: (a) given the diverse and complex nature of workplace hazards, employers may need to rely on individuals with various competencies to ensure effective risk assessments. Moreover, employers with fewer than 100 employees are not required to employ a safety and health officer (as stipulated in section 30 of the OSH Act 2005), making it necessary to engage OSH consultants; and (b) OSH physicians are bound by the code of ethics for medical professionals, and the duties of safety and health officers are regulated by section 20 of the OSH Act 2005. In cases of malpractice, OSH physicians may face sanctions. The Committee requests the Government to provide additional information on measures taken in practice to ensure that representatives of workers are given adequate information on the measures taken by employers to secure OSH and also on the measures which are in place for employers to consult with representative organizations about such information and rights of workers and their representatives to inquire into and be consulted on all aspects of OSH.

Article 19(d) of Convention No. 155. Appropriate OSH training to workers. The Committee notes that the CTSP indicates that language barriers are hindering effective communication between OSH officers/inspectors and migrant workers. Although safety classes and safety signs are mandatory, they are not being conducted or displayed in languages understood by migrant workers. In its reply, the Government indicates that services of interpreters are sought by the National OSH Department when necessary and under section 5(2)(d) of OSH Act 2005, the employer is required to provide training to his employees, including migrant workers, and to ensure that communication is made in the language understood by them. The Committee requests the Government to provide further information on measures adopted in practice to ensure that all workers in the undertaking are given appropriate training in occupational safety and health.