Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Occupational Health Services Convention, 1985 (No. 161) - Seychelles (Ratification: 2005)

Article 1 of the Convention. Definitions. Further to its previous comments concerning the absence of a definition of the Occupational Health Unit (OHU), the Committee notes the Government’s indication that it needs to clearly define occupational health services in the country in order to provide for more effective coordination among the various stakeholders. In this regard, the Ministry of Labour and Human Resource Development (MLHRD) is considering the introduction of a definition of occupational health services within the National Policy on Occupational Safety and Health (National Policy on OSH), currently under review. In light of the ongoing review, the Committee invites the Government to take the necessary measures to incorporate the definition of occupational health services within the framework of the National Policy on OSH in accordance with Article 1(a) of the Convention.

Article 2. National policy on occupational health services. Further to its previous comments, the Committee notes from the Government’s report that the draft National Policy on OSH, prepared in consultation with the tripartite Occupational Safety Board (OSB), has been disseminated to different stakeholders for their comments, and that the MLHRD officially submitted a copy of this draft Policy to the ILO country office in Antananarivo on 5 August 2014. The Committee invites the Government to take the necessary measures to ensure that the National Policy on OSH includes the aspects of the occupational health services, and to transmit a copy as soon as it has been adopted.

Articles 3, 5 and 6. Establishment and functions of occupational health services. Further to its previous comments, the Committee notes the information provided by the Government in its report on the functions of the OHU and other bodies, such as labour inspection services and the Ministry of Environment and Energy, in conformity with Article 5 (a)–(j) of the Convention. The Committee also notes that the services provided by the OHU are available to all workers, including in those in the public sector, and that specific activities are carried out to address particular occupational safety and health hazards, such as biological hazards, exposure to noise and dust. The Committee requests the Government to provide information on the specific provisions made for the establishment of OSH services, including their functions, in accordance with Article 6 of the Convention.

Article 8. Cooperation and participation of the employers, the workers and their representatives in the implementation of measures relating to occupational health services. The Committee notes that the Government refers to the OSB, a tripartite body set up under the OSH Decree, 1991, enabling consultations between various stakeholders and which, among other duties, advises the Minister on OSH issues. It also notes the terms of reference of the OSB which guarantee the participation of employers and workers members on an equal footing. The Committee requests the Government to provide information on any activities carried out by the OSB regarding the organization of occupational health services, as provided by this Article of the Convention.

Article 10. Independence of personnel providing occupational health services. The Committee notes the Government’s reference to the Code of conduct and ethics in the public sector, published in 2009, which according to the Government, contains guidelines for the professional and responsible behaviour of public officers. The Committee recalls that the aim of Article 10 of the Convention is to provide to the personnel of occupational health services, full professional independence from employers, workers and their representatives in relation to the functions they perform. The Committee requests the Government to indicate the specific provision, contained in the Code of conduct and ethics or in any other legislative or regulatory text, guaranteeing the full independence of the personnel providing occupational health services.