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

Seychelles

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) (Ratification: 1999)
Occupational Safety and Health Convention, 1981 (No. 155) (Ratification: 2005)
Occupational Health Services Convention, 1985 (No. 161) (Ratification: 2005)

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 148 (working environment (air pollution, noise and vibration)), 155 (OSH), and 161 (occupational health services) together.

General provisions

Occupational Safety and Health Convention, 1981 (No. 155)

Articles 4, 5, 11 and 15 of the Convention. National policy on occupational safety and health. Further to its previous comment, the Committee notes with interest that a National Occupational Safety and Health Policy (OSH Policy) was approved and launched in April 2017. The new OSH Policy takes into account the main spheres of action in Article 5 of the Convention. It is based on key principles and eight strategies which address issues related to safety and health in workplaces, including the prevention of occupational accidents, diseases and deaths through the design and adaptation of work and work organizations to the physical and mental capacities of workers (section 4.0(e)); the effective coordination and collaboration amongst stakeholders (section 6.0(e)); and continual capacity of the enforcement agents particularly the labour inspectors and Safety Officers (section 10.7(a & b)). In addition, the Committee notes that the Government is planning to revise the OSH Policy in 2024 which will further take into account the requirements of Articles 11 and 15 of the Convention. The Committee further notes the Government’s indication that the revision of the Occupational Safety and Health Decree, undertaken since May 2013, was re-initiated by the Ministry in 2023 and that the technical assistance of the ILO has been requested to ensure its conformity with international standards. The Committee requests the Government to continue to provide updated information on all progress made regarding the revision of the OSH Policy and the review of the OSH Decree, as well as the consultations held with the most representative organisations of employers and workers in this regard. It also requests further information on measures taken or envisaged to give full effect to the requirements of Articles 11(b) (work processes and substances subject to authorization and control), 11(d) (holding of inquiries) and 11(e) (publication of OSH data), of the Convention.

Articles 13 and 19(f). Protection from undue consequences. Rights and duties of workers and their representatives. The Committee notes the Government’s indication, in reply to previous comments on the lack of legislative provisions giving effect to Article 13 of the Convention, that the revision of the Occupational Safety and Health Decree (OSH Decree) was re-initiated by the Ministry in 2023 and that the technical assistance of the ILO has been requested to ensure its conformity with the Convention. The Government further indicates that, during labour inspections, workers are advised to report to the Employment Department an imminent and serious danger to their life or health and that they should not feel compelled to work under unsafe conditions and may remove themselves from work. The Committee emphasizes that advice given to workers during the labour inspections does not give full effect to Articles 13 and 19(f) of the Convention. The Committee requests the Government to take the necessary measures to ensure that the revised OSH Decree gives full effect to Articles 13 and 19(f) of the Convention and provides that workers who have removed themselves from a work situation which they have reasonable justification to believe present an imminent and serious danger to their life or health shall be protected from undue consequences, and shall report the situation to their immediate supervisor.

Article 17. Collaboration when there are two or more employers engaging in activities simultaneously at the same undertaking. The Committee notes that under section 6.0(a) of the OSH Policy, employers and employers’ organizations are required to ensure that whenever two or more undertakings engage in activities simultaneously at one workplace, they collaborate in applying the requirements stipulated in the OSH Policy and the law. It is further stipulated that it shall be the responsibility of the main contractor to ensure compliance with safety regulations by the sub-contractor. Noting that the review of the Occupational Safety and Health Decree has been re-initiated by the Ministry in 2023, the Committee requests the Government to provide information on measures taken or envisaged to ensure that the revised OSH legislation gives full effect to the requirements of Article 17 of the Convention.

Article 19(c) and (e). Information and consultation at the level of the undertaking. The Committee requests the Government to provide further information on the measures taken to ensure that there are arrangements at the level of the undertaking under which workers and their representatives are given adequate information on measures taken to secure OSH (Article 19(c)) and that workers or their representatives and their representative organizations are enabled to enquire into, and are consulted by the employer on all aspects of OSH associated with their work (Article 19(e)).

Application of Convention No. 155 in practice. The Committee notes the statistics provided by the Government for 2015 to the first quarter of 2023 which indicates a total of sixteen fatal injuries, and an average of 73 reported occupational accidents per year. In particular, the Committee notes a more than 50 per cent increase in the number of occupational accidents and injuries reported from 2021 (41 injuries) to 2022 (100 injuries). Regarding inspection, the Committee notes with concern a substantial decrease in the number of inspections in the last decade, from 1,197 inspections conducted in 2013 to 538 inspections in 2022. The Committee requests the Government to provide information regarding the reasons for the significant decrease in the number of inspections, as well as measures taken to identify and address the underlying reasons for the increase in occupational accidents and injuries in 2022. It also requests the Government to continue to provide information on the application of the Convention in practice, including relevant up-to-date statistics onoccupational accidents and cases of occupational diseases.

Occupational Health Services Convention, 1985 (No. 161)

The Committee notes the information provided by the Government in response to its previous comments concerning Article 1 and Article 10 (independence of personnel providing occupational health services) of the Convention.

Article 2 of the Convention. National policy on occupational health services. Further to its previous comments, the Committee notes that section 6.0(e) of the OSH Policy states that the Government shall strengthen the OSH mechanism and system to protect all workers from occupational accidents, injuries and diseases, through the proper coordination of Occupational Health Services and OSH programmes. Noting the ongoing review of the OSH Decree and the projected revision of the OSH Policy, the Committee requests the Government to provide information on measures taken or envisaged to ensure that the revised policy includes a coherent national policy on occupational health services.

Articles 3, 5 and 6. Establishment and functions of occupational health services. Further to its previous comments regarding specific provisions the establishment of occupational health services, the Committee notes the Government's indication that such services are provided through the Public Health Authority and regulated by the OSH Decree and by Act 13, Public Health Authority Act, 2015, under the Surveillance Monitoring and Diseases Control Directorate. In this regard, the Committee notes the Government’s indications that the functions of occupational health Unit under the Ministry of Health include: conducting surveillance of worker's health; identification and assessment of the risk from health hazards in the workplace; preventing the occupational transmission of Hepatitis B virus among workers at risk; ensuring that the services are accessible to the working population; advising on planning and organization of work and work practices, including the design of workplaces; and providing advice, information, training and education on occupational health, safety and hygiene, which relate to the functions set out in Article 5(a), (c), (f) and (i). The Committee requests the Government to provide information on the performance of occupational health services with respect to the following functions: surveillance of the factors in the working environment and working practices which may affect workers' health (Article 5(b)); participation in the development of programmes for the improvement of working practices as well as testing and evaluation of health aspects of new equipment (Article 5(d)); advising on occupational health, safety and hygiene and on ergonomics and individual and collective protective equipment (Article 5(e)); promoting the adaptation of work to the worker (Article 5(g)); contribution to measures of vocational rehabilitation (Article 5(h)); organising of first aid and emergency treatment (Article 5(j)); and participation in analysis of occupational accidents and occupational diseases (Article 5(k)).

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 the information provided by the Government on the activities of the Occupational Safety Board (OSB) including in 2023 where all OSB members participated in a Forum organised for Safety Officers/Representatives. The Committee requests the Government to provide information on the cooperation and participation of the employers, the workers and their representatives in activities that are specifically related to the occupational health services.

Protection against specific risks

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

The Committee notes the information provided by the Government in response to its previous request concerning Article 7(2) on the right of workers and their representatives to present proposals, obtain information and appeal to appropriate bodies and Article 11(3)–(4) on alternative employment or other measures to maintain the income of transferred workers.

Articles 4 and 8(1) and (3) of the Convention. Measures taken to prevent and control occupational hazards due to air pollution, noise and vibration and criteria for determining and reviewing hazards of exposure to air pollution, noise and vibration. Further to its previous comments, the Committee notes from the Government’s report that requirements for specific measures to prevent, control and protect workers against hazards due to air pollution and vibration in the working environment will be considered in the current review of the OSH Decree. The Government further refers to the re-composition of the OSB which will include two specialised medical practitioners who will advise the Government on specific matters related to occupational safety and health including occupational hazards of exposure to air pollution, noise and vibration. The Committee requests the Government to take measures to ensure that in the current review of the OSH Decree full effect is given to the requirements of Articles 4 and 8(1) and (3) of the Convention, prescribing measures to be taken for the prevention and control of, and protection against, occupational hazards in the working environment due to air pollution, noise and vibration, and establishing criteria for determining the hazards of exposure.

Article 5(1) and (2). Consultation between the competent authority and the most representative organizations of employers and workers. The Committee notes the information provided by the Government in response to the Committee’s previous comment and refers to its comment above on Articles 4, 5, 11 and 15 of Convention No. 155.

Article 5(4). Participation of the employer's and workers’ representatives in labour inspection. The Committee notes the indication of the Government that OSB members representing the workers have the possibility to accompany labour inspectors on inspection visits to workplaces. The Government further indicates that the requirements of Article 5(4) will be considered when reviewing the OSH Decree on whether this should be formalised in the reviewed legislation. The Committee requests the Government to continue to provide information on the measures taken to ensure that representatives of the employer and representatives of the workers of the undertaking shall have the opportunity to accompany inspectors in accordance with Article 5(4) of the Convention.

Article 6(2). Cooperation between two or more employers undertaking activities simultaneously at one workplace. The Committee refers to its comment above on Article 17 of Convention No. 155.

Article 9. Prevention of air pollution, noise and vibration through design and installation of new plants or processes. Noting the absence of information on this matter, the Committee once again requests the Government to provide particulars of the technical measures prescribed under the Environmental Impact Assessment process to ensure that, as far as possible, new plants or processes are kept free from any hazards due to air pollution, noise or vibration, and to provide information on any such measures taken with regard to existing plants or processes, as required by Article 9 of the Convention.

Article 12. Processes, substances, machinery and equipment requiring notification to the competent authorities. Noting the absence of information on this matter, the Committee once again requests the Government to provide detailed information on the processes, substances, machinery and equipment, subject to notification or authorization for their use, as well as information on the conditions prescribed by the competent authorities for such use.