Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) - Seychelles (Ratification: 1999)

The Committee notes that the report is silent in regards to legislative developments and that relevant legislation was not attached to the report as requested by the Committee. The Committee notes the information provided regarding effect given to Articles 2(1), 5(1–2), 7(2), and 11(3–4) of the Convention. The Committee requests the Government, in its next report, to provide a list of all relevant legislation including references to publicly available websites where this legislation can be found.

Article 4 of the Convention. Measures taken or envisaged to prevent and control occupational hazards due to air pollution, noise and vibration. Article 8(1) and( 3). Criteria for determining and reviewing hazards of exposure to air pollution, noise and vibration. The Committee notes the information that no such limits of exposure to specific hazardous dusts, gases or substances have been presently set up with regards to occupational health, and that the Seychelles Bureau of Standards through its Environmental Technical Committee, which is chaired by the Department of Environment, has set up noise emission limits for the ambient environment, which is being enforced under the Environmental Protection Act. It also notes that the Government indicates that a similar mechanism is proposed to specify limits for workplaces, that the Employment Department in partnership with the Seychelles Bureau of Standards can thereafter collaborate to measure noise levels in workplaces and compare with existing standards, but that further consultations with the relevant stakeholder will need to take place. The Committee further notes that hazards due to noise are regulated under the Environmental Protection Act, but that appropriate guidelines and standards need to be set to give full effect to the noise pollution regulations and that in regards to air pollution further measurements need to be done after acquisition of additional equipments followed by additional training. Regarding vibration, the Government indicates that measurements have been done in the past on an ad hoc basis in response to queries from the public. The Committee concludes from the foregoing that national law and practice is not in full compliance with the referenced provisions of the Convention. In its efforts to ensure compliance with these provisions the Committee would like to recall to the Government that the internationally used standard for determining threshold limit values (TLVs) concerning air pollution, noise and vibration are the annual publications of the American Conference of Governmental Industrial Hygienists (ACGIH). The Government is requested to indicate all measures taken in law and in practice to give full effect to the referenced provisions of the Convention.

Article 5(4). Participation of employer or worker representatives in labour inspection. The Committee notes the information that employers’ or workers’ representatives may accompany an inspector supervising the application of the measures prescribed in this Convention, but that no reference is made to a regulation of this issue. The Committee reiterates its request to the Government to indicate the measures it has taken or envisages to take in order to comply fully with this provision of the Convention.

Article 6(2). Cooperation between two or more employers at a workplace. The Committee notes the information provided that two or more employers working at the same workplace usually collaborate to ensure the safety of their workers but that no reference is made to a regulation of this issue. The Government is requested to indicate the measures it has taken or envisages to take in order to comply fully with this provision of the Convention.

Article 7(2). Workers’ right to appeal to appropriate bodies. The Committee notes the information that there is provision for workers to register a complaint to the Employment department if he or she has been affected by occupational hazards; that labour inspectors may thereafter conduct an investigation of the complaint and that the worker can appeal to the Magistrate court for any damages resulting from exposure to occupational hazards. The Committee requests the Government to indicate the relevant legislation which regulates the implementation of this provision of the Convention.

Article 9. Prevention of air pollution, noise and vibration through design and installations of new plants or processes or through work-related organizational measures. The Committee notes that the report is silent on measures taken to control air pollution, noise or vibration by technical measures applied to new plant or processes in design or installation or by supplementary organizational measures. The Committee reiterates its request to the Government to indicate measures taken or envisaged to give effect to this Article of the Convention.

Article 10. Requirements regarding the provision of personal protective equipment. The Committee notes the information that the Occupational Safety and Health Decree Amendment (1999) is so applied in practice that the labour inspectors may advise the employers and workers alike on the instances where Personal Protective Equipment shall be used. With reference to the terms of this provision, the Committee requests the Government to indicate measures taken in law and in practice to ensure full compliance with this article of the Convention.

Article 12. Processes, substances, machinery and equipment requiring notification to the competent authorities. The Committee notes that the Government’s report is silent as regards the Committee’s comment in this respect. The Committee reiterates its request to the Government to clarify how the schedule in Part V of the Occupational Safety and Health (Amendment) Decree, 20 October 1999 is used in practice and indicate whether a system of authorizations or prescription of conditions for engaging in activities involving certain processes, substances, machinery and equipment has been set up and if so how it has been applied in practice.

Part IV of the report form. Application in practice. The Committee notes the absence of any information in response to its previous request as regards application in practice of the Convention. The Committee reiterates its request to the Government to provide a general appreciation of the manner in which the Convention is applied in practice, in accordance with Part IV of the report form, including, for instance, extracts from the reports of inspection services, and available and relevant statistical information.

[The Government is asked to report in detail in 2013.]