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

Niger

Occupational Safety and Health Convention, 1981 (No. 155) (Ratification: 2009)
Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) (Ratification: 2009)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 155 (OSH) and 187 (promotional framework for OSH) together.

Application of Conventions Nos 155 and 187 in practice. Further to its previous comments, the Committee duly notes the information provided by the Government concerning the measures taken to reduce the number of occupational accidents and occupational diseases, including awareness-raising workshops, legislative developments in the mining sector and training activities held by the National Social Security Fund (CNSS) for various actors between 2021 and 2024. The Committee notes that, according to the Government, 152 occupational accidents, including 6 fatal accidents, and 2 occupational diseases were recorded in 2022. The Government states that the highest rate of occupational accidents was recorded in extraterritorial organizations and bodies, with 44 occupational accidents (28.57 per cent of the total), followed by the water, gas and electricity production and distribution sector, with 22 accidents (14.29 per cent of the total). The Committee requests the Government to intensify its efforts and to continue to provide information on any measures taken or envisaged to reduce the number of occupational accidents and occupational diseases in the sectors recording the most occupational accidents and occupational diseases, as well as on the impact of the measures taken.

Action at the national level

Article 2(1) of Convention No. 187. Continuous improvement of OSH in consultation with the most representative organizations of employers and workers. The Committee notes the information provided by the Government in response to its previous comments concerning the steps taken to promote continuous improvement of OHS with respect to workers exposed to ionizing radiation in the mining sector. The Government refers, in particular, to various legislative measures adopted up to 2023, including the creation of the Nuclear Regulation and Safety Authority, whose mission is to regulate activities and practices related to the use of nuclear or radioactive substances and materials, as well as those related to sources of ionizing radiation. The Committee also notes the information provided by the Government on occupational accidents recorded in the mining sector between 2021 and 2023. The Committee requests the Government to continue to provide information on any new steps taken to promote continuous improvement of OSH in consultation with the social partners, including with respect to workers exposed to ionizing radiation in the mining sector. In the absence of up-to-date information in this regard, the Committee once again requests the Government to indicate: (i) the progress made regarding the adoption of a specific code on OSH and the mapping of occupational risks; and (ii) the activities of the OSH Technical Advisory Committee (CTCSST) in practice.

National policy

Articles 4 and 7 of Convention No. 155 and Article 3 of Convention No. 187. National policy on OSH. Further to its previous comments concerning the implementation of the national policy on OSH adopted on 30 June 2017 (PNSST 2017), the Committee notes that the Government refers to the dissemination of the policy and its implementation by the labour inspectorate. The Committee notes, however, that the Government does not provide information on the periodic review of the PNSST 2017. The Committee once again requests the Government to indicate the steps taken to ensure the periodic review of this national policy, in consultation with the most representative employers’ and workers’ organizations. The Committee requests the Government to provide more information on the steps taken to implement thePNSST 2017 and the results achieved.

National system

Article 5(c) of Convention No. 155 and Article 4(3)(c) of Convention No. 187. Training in OSH. Further to its previous comments, the Committee notes the Government’s indications concerning the activities organized by the National Coordinating Office for OSH Committees (CNCSST) between 2013 and 2022, including training for 739 members of OHS committees in undertakings. In addition, the Government refers to 33 visits to undertakings carried out between 2014 and 2022, in which the CNCSST helped to set up OHS committees in several undertakings, in collaboration with the CNSS and the labour inspectorate. While noting this information, the Committee requests the Government to provide information on the activities undertaken by the CNCSST since 2022. The Committee also requests the Government to indicate any other steps taken or envisaged with a view to training persons involved, in one capacity or another, in the achievement of adequate levels of safety and health, including OSH committees in undertakings.

Article 5(e) of Convention No. 155. Protection of workers and their representatives from disciplinary measures as a result of actions properly taken by them in conformity with national policy. Further to its previous comments on the steps taken to give effect to Article 5(e), the Committee notes that the Government refers to section 227 of the Labour Code, which provides that any dismissal of an employee representative envisaged by the employer or his or her representative must, regardless of the cause, be subject to approval by a labour inspector. The Government also indicates that, for other workers, in the event of notification of dismissal without just cause, the dismissal is declared to be unfair. The Committee notes that, under section 78 of the Labour Code, the act of having filed a complaint or taken part in proceedings against an employer for alleged violations of his or her obligations, or filed an appeal with the competent administrative authorities, cannot in any way constitute just cause for dismissal. The Committee requests the Government to continue to provide information on any new steps taken or envisaged to protect workers and their representatives from any disciplinary measures as a result of actions properly taken by them in conformity with the national policy on OSH.

Article 15(1) of Convention No. 155. Necessary coordination between various authorities and bodies. Further to its previous comments on coordination between the various stakeholders in the system for the prevention of occupational hazards further to the implementation of the PNSST 2017, the Committee notes the Government’s indication that synergies have been found between the labour inspectorate, the CNSS, the Ministry responsible for mining, the Ministry responsible for petroleum, the Ministry responsible for health and the Ministry responsible for the environment, depending on the issue. The Committee requests the Government to provide more information on the synergies identified, and to continue to provide information on how coordination is ensured between the various ministries responsible for implementing the national policy on OSH.

Article 4(3)(h) of Convention No. 187. Support mechanisms in micro-enterprises, in small and medium-sized enterprises and in the informal economy. Further to its previous comments, the Committee notes the information provided by the Government on the measures taken to support small and medium-sized enterprises and in the informal economy, including the organization of the African Day for the Prevention of Occupational Risks in Tahoua in 2022, the theme of which was the OSH management system for small and medium-sized enterprises. The Committee requests the Government to continue to provide information on the measures taken to give effect to this Article.

Article 12 of Convention No. 155. Obligations of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. Further to its previous comments on the measures taken to give effect to Article 12(b) and (c) concerning machinery, the Committee notes that the Government refers to the use of safety and user data sheets, the display of pictograms and awareness-raising sessions and safety inspections for imported machinery. However, for locally manufactured machinery, the Government indicates that it is the responsibility of labour inspectors to monitor the conditions in which the machines are installed and operated. The Committee recalls in this regard that the obligations laid down in Article 12 of the Convention are incumbent on persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee requests the Government to provide more information on the measures taken to ensure that persons who design, manufacture, import, provide or transfer machinery for occupational use make available information concerning the correct installation and use of such machinery, the hazards it presents, as well as instructions on how known hazards are to be avoided (Article 12(b) of Convention No. 155). The Committee once again requests the Government to indicate how such persons undertake studies and research or otherwise keep abreast of the scientific and technical knowledge to comply with their obligations (Article 12(c) of Convention No. 155).

National programme

Article 5 of Convention No. 187. National programme on OSH. Further to its previous comments concerning the strategies contained in the PNSST 2017 and their implementation, the Committee notes the information provided by the Government concerning the various training courses offered under the PNSST 2017 between 2017 and 2023. The Government also refers to the annual publication of statistics by the CNSS. The Committee requests the Government to provide more information on the measures taken to evaluate the strategies contained in the PNSST 2017, including the results that have been achieved through its implementation, and to provide information on the measures taken to periodically review these strategies, in consultation with the social partners.

Action at the level of the undertaking

Article 19(e) of Convention No. 155. Rights of workers’ representatives with regard to occupational safety and health. Further to its previous comments concerning the absence or non-operation of some OSH committees in undertakings, the Committee notes that, according to the Government, there are 50 OSH committees in the country, 41 of which are in Niamey. In this regard, the Committee notes that section 145 of the Labour Code provides that an OSH committee must be set up in establishments or undertakings usually employing at least 50 workers. The Committee also notes the activities undertaken by the Government, including the annual awareness-raising programmes on the importance of OSH committees and the free training provided to members of OSH committees. The Committee requests the Government to continue to provide information on any measures taken to ensure that OSH committees are established in all undertakings usually employing at least 50 workers. It also requests the Government to provide information on the application in practice of Article 19(e), which provides that: (i) workers or their representatives and, as the case may be, their representative organisations in an undertaking are enabled to enquire into, and are consulted by the employer on, all aspects of occupational safety and health associated with their work; and (ii) for this purpose technical advisers may, by mutual agreement, be brought in from outside the undertaking. The Committee requests the Government to continue to provide information on the impact of the measures taken, including the number of OSH committees identified.

In addition, the Committee recalls its pending comments on the ratified technical Conventions on OSH (the Guarding of Machinery Convention, 1963 (No. 119), the Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148), and the Occupational Health Services Convention, 1985 (No. 161)) and on the Protocol of 2002 to the Occupational Safety and Health Convention, 1981, adopted by the Committee in 2022, to which the Government will be asked to respond in 2027, in accordance with the reporting cycle.