Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Occupational Safety and Health Convention, 1981 (No. 155) - Seychelles (Ratification: 2005)

Article 1, paragraphs 2 and 3, and Article 2, paragraphs 2 and 3, of the Convention. Exemptions to scope of application. The Committee notes the Occupational Safety and Health Decree 1978 (No. 54) covers all sectors including public employees except seafarers while at sea and domestic workers, and that section 3 of the Occupational Safety and Health Act 1989 provides that the Decree shall apply to all employees, including employees of the Government; to employers including the Government; and to all self-employed persons where the activities could put themselves or other persons at risk. The Committee requests the Government to provide further information on whether consultations have been held with representative organizations of employers and workers regarding the exemptions to the scope of application of relevant national legislation. The Committee also requests the Government to provide information on the reasons for these exclusions and any progress made towards a wider application.

Articles 4, 5, 11 and 15. National policy on occupational safety and health and implementing laws and regulations. The Committee notes the information that a draft national OSH policy is being considered at the highest levels of government and that this policy will cover all aspects of OSH. The Committee draws the Government’s attention to the fact that a national OSH policy pursuant to Article 4 of the Convention shall be formulated, implemented and periodically reviewed in consultation with the most representative organizations of employers and workers. They shall thus be involved in all stages of the national policy process including the review process which is essential in order to assess progress and keep up with changing needs in society as well as technical developments. In order to ensure coherence, all relevant parties with responsibilities in the various aspects of OSH should be involved in this process and, in accordance with Article 5, it should cover the five main spheres of action mentioned. The protection of workers exercising OSH functions is an important sphere of action as it provides them with the level of independence necessary to carry out their work without fear of undue consequences. The Committee requests the Government to provide information on measures taken or envisaged to formulate, implement and periodically review a coherent national policy on OSH and the working environment in consultation with the most representative workers’ and employers’ organizations, covering the main spheres of action referred to in Article 5, and to ensure the progressive development of the functions referred to in Article 11, paragraphs (a), (b), (e) and (f), and the institutional arrangement referred to in Article 15.

Article 12. Obligations of those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use.  The Committee notes that in this context the Government indicates that the competent authorities carry out investigation of workplace complaints and occupational accidents; provide support to industry safety and health committees, safety officers, and safety and health representatives; registration of all chemical, physical and biological agents and dangerous equipment; and appointment of health and safety representatives. The Committee requests the Government to provide further information on measures taken to ensure that full effect, in law and in practice, is given to this Article of the Convention.

Articles 13 and 19(f). Right to removal. The Committee notes that the referenced legislation is silent on the issues regulated in this Article. The Committee requests the Government to indicate how effect is given, in law and in practice, to the requirements which ensure protection against undue consequences of workers who have removed themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health.

Article 17. Collaboration in complying with the requirements of the Convention when two or more enterprises engage in activities simultaneously at one workplace. The Committee notes that the report is silent on the effect given to this Article. The Committee requests the Government to provide further information on measures taken in law and in practice to ensure collaboration in applying the requirements of this Convention whenever two or more undertakings engage in activities simultaneously at one workplace.

Article 19, paragraphs (a)–(e). Arrangements made at the level of the undertaking ensuring suitable conditions for all aspects of cooperation between employers, workers, their representatives, consultations with them and their training. The Committee notes that the Government indicates that workers are free to contact the Labour Inspection Section regarding anything in relation to OSH in workplaces and that workers are able to consult their employer on any issues regarding OSH measures or before they carry out work on any hazardous or dangerous machines. The Committee requests the Government to indicate the measures taken, in law and in practice, to give full effect to the provisions of this Article of the Convention.

Article 20. Cooperation between management and workers and/or their representatives within the undertaking. The Committee notes that the Government’s report is silent on the issue provided for in this Article. It recalls that this Article requires that cooperation between management and workers and/or their representatives within the undertaking shall be an essential element of organizational and other measures taken in pursuance of Articles 16–19 of this Convention. The Committee requests the Government to supply further information on the measures adopted to give effect to the obligation of cooperation between management and workers within the undertaking in relation to OSH.

Part V of the report form. Application in practice. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in the country, including extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the legislation, the number and nature of the contraventions reported, the number, nature and causes of the accidents reported, etc.