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

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

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.

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

Article 4 of the Convention. Measures taken 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. Further to its previous comments, the Committee notes from the Government’s report that the threshold limit values concerning noise applied by labour inspectors is 90 decibels. Moreover, the Committee notes the Government’s reference to the Environment Protection Act of 1994 (EPA), concerning air pollution, and to the British Standards on vibration, in the absence of national standards on this hazard. The Committee notes however that these provisions are of general application and do not provide for specific measures to prevent, control and protect workers against hazards due to air pollution and vibration in the working environment. The Committee is therefore bound to reiterate its request to the Government to take all the necessary steps to give full effect to Articles 4 and 8 of the Convention and to provide information on any development in this regard. It particularly encourages the Government to adopt measures aimed at preventing, controlling and protecting workers against occupational hazards of exposure to air pollution, noise and vibration, to establish criteria for determining these hazards and to specify exposure limits on the basis of these criteria.

Article 5(1) and (2). Consultation between the competent authority and the most representative organizations of employers and workers. The Committee notes the information in the Government’s report that the Occupational Safety Board provides for consultations between the competent authority and the most representative organizations of employers and workers, in order to ensure that measures are taken for the prevention and control of, and protection against occupational hazards in the working environment due to air pollution, noise and vibration. The Committee requests the Government to describe the procedures followed for consulting the most representative organizations of employers and workers with a view to giving effect to the provisions of the Convention and how they are associated in the elaboration of provisions concerning the practical implementation of the measures prescribed in pursuance of the Convention.

Article 5(4). Participation of the employers’ and workers’ representatives in labour inspection. The Committee notes the indication of the Government that employer and worker representatives accompany labour inspectors on inspection visits to workplaces where they have members, especially in cases which involve serious breaches of occupational safety and health (OSH). It also notes that under the Occupational Safety and Health Decree (Safety Officer Regulation), 2012, the safety officer, who acts as the employers’ representative, shall, among other duties, take part in any workplace inspection carried out by authorities in view of assessing the efficiency of safety and health measures implemented (section 8(j)). The Committee requests the Government to provide further information on the measures taken to ensure that representatives of workers also have the opportunity to accompany inspectors during their visits, in accordance with this provision of the Convention.

Article 6(2). Cooperation between two or more employers undertaking activities simultaneously at one workplace. The Committee notes that the information in the Government’s report refers once again to provisions of the existing OSH Decree. With reference to its previous comments, and noting that this legislation is currently under review, the Committee invites the Government to take the necessary measures to give effect to this provision of the Convention.

Article 7(2). Right of workers and their representatives to present proposals, obtain information and appeal to appropriate bodies. The Committee notes the Government’s indications that workers and their representative have the opportunity to present their proposals and to obtain information and training through the Occupational Safety and Health Board and that under the Employment Act of 1995, they have a right to appeal to appropriate bodies on any work grievance, including OSH issues. The Committee requests the Government to indicate the specific provisions which give effect in law to this Article of the Convention, to describe the procedures available to workers and their representatives to present proposals and obtain information and training, and to give further information on the bodies to which they may appeal.

Article 9. Prevention of air pollution, noise and vibration through design and installations of new plants or processes. Further to its previous comment, the Committee notes the information provided by the Government concerning the Environmental Impact Assessment (EIA) process under which applications are made for new industrial plants. The Committee notes that the EIA identifies potential risks and prescribes measures to protect users, the public and workers. It also takes note of the annexes to the report. The Committee requests the Government to provide particulars of the technical measures prescribed under the EIA 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 11(3)–(4). Alternative employment or other measures to maintain the income of transferred workers. The Committee notes that the Government refers to provisions of the OSH Decree, which is currently under review. In light of this ongoing review, the Committee invites the Government to take the necessary measures to give effect to Article 11(3)–(4) of the Convention.

Article 12. Processes, substances, machinery and equipment requiring notification to the competent authorities. The Committee notes the information in the Government’s report that the EIA process applies to the system of notification and authorization, whereby a formal request has to be submitted to the Ministry of Environment and Energy, but that another process applies in the case of renewal or replacement of plants. The Committee 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.

Application of the Convention in practice. In the absence of the Government’s reply on this point, the Committee once again requests the Government to provide information on the application in practice of this Convention, including extracts from labour inspection reports and statistical information.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Articles 2(1), 5(1)–(2), 7(2) and 11(3)–(4) of the Convention. The Committee takes note of the list of relevant legislation provided in the Government’s report. It draws the Government’s attention to the fact that, to allow an assessment of the effect given to the Convention by this legislation, the report should also indicate in detail the provisions of the relevant legislation under which each concerned Article is applied. The Committee therefore requests the Government to provide detailed information on the specific provisions of the relevant legislation giving effect to Articles 2(1), 5(1)–(2), 7(2) and 11(3)–(4) of the Convention.

Article 4. 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 noted in its previous comments, that national law and practice was not in full compliance with the referenced provisions of the Convention and that limits on noise had not been established. The Committee also noted that the internationally used standard for determining threshold limit values (TLVs) concerning air pollution, noise and vibration are published annually by the American Conference of Governmental Industrial Hygienists (ACGIH). The Committee notes, following the information in the Government’s current report, that staff still need to be trained to measure the noise and vibration TLV according to the ACGIH guidelines, and that it is also acquiring materials that will allow the measurement of the main air pollutants; however, no information regarding noise limits or standards for air pollution or vibration were provided. The Committee once again requests the Government to take all necessary measures to give full effect in law and in practice to the referenced provisions of the Convention.

Article 5(4). Participation of employer or worker representatives in labour inspection. The Committee notes the information in the Government’s report that the Occupational Safety Board comprises employer and worker representatives who conduct joint visits with all stakeholders. The Committee requests the Government to provide detailed information on the application of this provision in practice.

Article 6(2). Cooperation between two or more employers at a workplace. The Committee notes that the Government states in its report that existing health and safety legislation stipulate that self-employed, principal contractors, employee, employer should cooperate in maintaining and managing occupational health and safety at work. The Committee also notes that the Government refers to section 6(1) of the Occupation Safety and Health Decree which provides that: “it shall be the duty of any person having control of premises which are used as a place of work by persons not in his employment or in which there is any plant or any substance provided for persons not in his employment, to ensure that the premises, plant or substances are safe and without risk to health”. The Government further states that this provision applies to the case of several employers working in the same workplace and establishes the duty of each of them to ensure the safety of the workers of the others. However, the Committee notes that a “person having control of premises” provided in the abovementioned provision does not necessarily appear to satisfy the obligation imposed by Article 6(2) of the Convention. In addition the Government does not mention any provision ensuring that when two or more employers undertake activities simultaneously at one workplace, they shall have a duty to collaborate in order to comply with the prescribed measures, without prejudice to the responsibility of each employer for the health and safety of his employees. Furthermore, the Committee understands from the Government’s report on the Occupational Safety and Health Convention, 1981 (No. 155), that this question would be taken into account in the context of the revision of the Occupational Health and Safety Decree, Chapter 151. The Committee hopes that the new legislation will soon be adopted and will give full effect to this provision of the Convention. The Government is requested to transmit a copy of the relevant text once it has been adopted and, in the meantime, the Committee asks that it take all the necessary measures to ensure the application of this provision in practice and to provide information in this respect.

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 the information in the Government’s report that new plants and processes go through an assessment procedure as part of the environment authorization procedure and this also includes analysis of the health, safety and environment aspects of the process. The Committee also notes that the best international standards from jurisdictions recognized as having adequate legislation for worker safety are usually recommended. The Committee requests the Government to provide further details on the assessment procedure applied for new plant or processes in design or installation, in order to keep the working environment free from hazards due to air pollution, noise or vibration.

Article 10. Requirements regarding the provision of personal protective equipment. The Committee notes the information in the Government’s report that employers have the duty and obligation to ensure that there is in place a system of work that is safe and without risks to the health of their employees and that section 4(2)(f) of the Occupational Health and Safety Decree, as amended in 1999, includes in the duties of every employer the “provision of protective equipment for his employees and training them to use such equipment”. The Committee further notes that industry-specific provisions exist within the Occupational Safety and Health (Construction Industry, Confined Space and Welding) Regulations, 1991, requiring employers to provide personal protective equipment to employees. The Committee invites the Government to indicate measures taken 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 the information in the Government’s report that all new applications for machinery or process are screened by the Ministry of Environment and Energy; however, it is a requirement that employers put into place measures to assess worker’s safety under the guidance of the Labour Department. The Committee requests the Government to provide further details on the system of notification and authorization regarding the use of specific processes, substances, machinery and equipment, which involve exposure of workers to occupational hazards in the working environment due to air pollution, noise or vibration.

Part IV of the report form. Application in practice. The Committee notes the information in the Government’s report that the Ministry of Environment and Energy deems that there is scope for synergies between the Labour Department and partner organizations, as the requirements of the Convention relate to many things undertaken by relevant organizations other than the Labour Department. The Committee once again requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice, including relevant extracts from the reports of the inspection services and statistical information.

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

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.]

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information provided in the Government’s first and second reports including reference to the Occupational Safety and Health Decree, Chapter 151, 1978 (revised edition 1991) (“Decree”). According to available information, this Decree has been amended by the Occupational Safety and Health (Amendment) Decree, 20 October 1999 (“Amendment Decree”), and relevant legislation also includes the Occupational Safety and Health (Construction Industry, Confined Space and Welding) Regulations, 1991 (“Construction Regulations”) and the Occupational Safety and Health (Workplace Health, Safety and Welfare) Regulations, 1997 (“Workplace Regulations”). While the present comments are based on publicly available copies of this legislation, the Committee requests the Government, with its next report, to provide copies of all relevant laws and regulations. The Committee also requests the Government to provide further information on the following points.

Article 2(1) of the Convention. Consultations with representative organizations of employers and workers. The Committee notes that the report is silent on whether the consultations called for in this provision of the Convention have been held. The Government is requested to indicate the manner in which the representative organizations of employers and workers concerned were consulted before taking the decision to accept the obligations in respect of all the categories of hazards.

Article 4. Measures taken or envisaged to prevent and control occupational hazards due to air pollution, noise and vibration. The Committee notes that available legislation includes a Decree which constitutes the general framework including duties and rights of employers and workers (Parts I–II), the administration of occupational safety and health through an occupational safety and health board (“OSH board”) (Part III), the appointment of officers with supervisory and regular monitoring functions (Part IV), provisions for issuing orders (Part V), obtaining information (Part VI) and penalties (Part VIII). The Workplace Regulations regulate and provide limits for exposure to “air pollution” (section 12), “noise” (section 13) and “vibration” (section 10). The Construction Regulations also contain provisions concerning air pollution (section 19) and noise (section 17). Section 40 of the Construction Regulations entitles the competent authority to provide exemptions from their application when it is “satisfied that compliance with all or any provisions of these regulations are not necessary for the protection of an employee”. The Government is requested to indicate how the provisions to control and limit exposure to air pollution, noise and vibration are applied in practice and whether and on what conditions exemptions are granted from their application. The Government is also requested to indicate whether any further protective and preventive measures have been taken or are envisaged to give full effect to the provisions in Articles 8 and 9 of the Convention.

Article 5(1) and (2) and Article 7(2). Participation of employers and workers and representatives of their organizations. The Committee notes the information provided that representatives of employers’ and workers’ organizations participate in the activities of the Occupational Safety and Health Board that has been set up and that workers also are entitled to present proposals before this Board or before the Principal Secretary of the Ministry of Social Affairs. The Committee also notes, however, that the quorum rules for this Board recently have been amended so as to no longer require the presence of a representative of all three groups, i.e. the Government, employers and employee groups. The Government is requested to indicate how the Occupational Safety and Health Board functions in practice, whether and to what extent workers and representatives of employers’ and workers’ organizations actually participate in its activities and whether and to what extent the new quorum rules have been applied.

Article 5(4). Participation of employer or worker representatives in labour inspection. The Committee notes that the Government reports that there are no specific provisions which provide a right for employers’ or workers’ representatives to accompany an inspector supervising the application of the measures prescribed in this Convention. The Committee requests the Government to indicate the measures it has taken or envisages in order to comply with this provision of the Convention.

Article 6(2). Cooperation between two or more employers at a workplace. The Committee notes, that in its report on the application of this provision, the Government refers to section 6 of the Decree which provides that “any person having control of premises which are used as a place of work by persons not in his employment or in which there is any plant or substance provided for use by persons not in his employment, to ensure that the premises, plant or substances are safe and without risk to health”. The Government is requested to clarify how section 6 of the Decree is applied in practice and how it contributes to ensuring that two or more employers at one workplace collaborate in order to apply prescribed measures for the protection of the health and safety of their employees.

Article 7(2). Workers’ right to appeal to appropriate bodies. The Committee notes that the Government’s report and relevant legislation is silent on the question of workers’ right to appeal to appropriate bodies prescribed in the Convention. The Committee requests the Government to indicate the measures it has taken or envisages in order to comply with this provision of the Convention.

Article 8(1) and (3). Criteria for determining and reviewing hazards of exposure to air pollution, noise and vibration. The Committee notes that according to the Workplace Regulations (sections 12, 10 and 13 respectively), air pollution, noise and vibration are to be monitored, controlled and maintained below certain limits and that the Seychelles Bureau of Standards should further specify the injurious maximum levels of specific hazardous dusts, gases or substances (section 12(2), paragraph 2) and that this institution also assists the Ministry in measuring noise levels. The report is silent, however, as regards measures taken regularly to supplement and review these criteria and exposure limits in the light of current knowledge and data taking into account as far as possible any increase in occupational hazards resulting from simultaneous exposure to several harmful factors at the workplace. The Committee requests the Government to indicate how sections 10, 12 and 13 of the Occupational Safety and Health (Workplace Health, Safety and Welfare) Regulations, 1997, are applied in practice, whether the Seychelles Bureau of Standards has further specified the levels of exposure to specific hazardous dusts, gases or substances pursuant to section 12(2), paragraph 2, and whether measures have been taken or are envisaged to review the criteria and exposure limits in the light of current national and international knowledge.

Article 9. Prevention of air pollution, noise and vibration through design and installations of new plants or processes or through organizational measures. The Committee notes that the Government in its report refers to the general requirement in the Decree that the working environment as far as possible is to be kept free from hazards, but 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 requests the Government to indicate measures taken or envisaged to give effect to the provisions in Article 9 concerning control of occupational hazards due to air pollution, noise and vibration.

Article 10. Provision of personal protective equipment. The Committee notes the Government’s reference to sections 4 and 8 of the Decree which prescribe a general duty for the employer to provide personal protective equipment (“PPE”) as part of “all practicable measures” it should take to protect the safety and health of its employees and the requirement that employees use and take care of the PPE provided. These provisions are reflected in more detailed requirements in section 25 of the Workplace Regulations and in sections 16, 17 and 19 of the Construction Regulations. These provisions do not, however, include criteria specifying when PPE is to be provided and used. The Committee requests the Government to indicate how the provisions requiring employers to provide PPE are applied in practice, in particular how it is determined when PPE is to be provided and used.

Article 11(3) and (4). Provision of alternative employment and preservation of rights under social security or other social insurance legislation. The Committee notes that the report and available legislation is silent on the question of the right of workers to alternative employment and as regards the preservation of workers’ rights under social security or other social insurance legislation. The Committee would appreciate it if the Government would indicate the measures taken or envisaged to ensure compliance with the provisions concerning the right of workers to alternative employment and the preservation of their rights under social security or other social insurance legislation.

Article 12. Processes, substances, machinery and equipment requiring notification to the competent authorities. The Committee notes the reference in the report on the application of this provision to Parts II–VI of the Amendment Decree. The Committee notes that these parts appear to relate to the requirements for notification of accidents and diseases resulting, inter alia, from certain processes, substances, machinery and equipment listed in the schedule in Part V. It is thus not clear from the report whether and to what extent the schedules in the Amendment Decree also are used in the context of a system of authorizations or prescription of conditions for engaging in activities involving certain processes, substances, machinery and equipment. The Committee therefore requests 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 to 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. The Committee would appreciate it if the Government also could 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, disaggregated by sex, if possible.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information provided in the Government’s first and second reports including reference to the Occupational Safety and Health Decree, Chapter 151, 1978 (revised edition 1991) (“Decree”). According to available information, this Decree has been amended by the Occupational Safety and Health (Amendment) Decree, 20 October 1999 (“Amendment Decree”), and relevant legislation also includes the Occupational Safety and Health (Construction Industry, Confined Space and Welding) Regulations, 1991 (“Construction Regulations”) and the Occupational Safety and Health (Workplace Health, Safety and Welfare) Regulations, 1997 (“Workplace Regulations”). While the present comments are based on publicly available copies of this legislation, the Committee requests the Government, with its next report, to provide copies of all relevant laws and regulations. The Committee also requests the Government to provide further information on the following points.

Article 2, paragraph 1, of the Convention. Consultations with representative organizations of employers and workers. The Committee notes that the report is silent on whether the consultations called for in this provision of the Convention have been held. The Government is requested to indicate the manner in which the representative organizations of employers and workers concerned were consulted before taking the decision to accept the obligations in respect of all the categories of hazards.

Article 4. Measures taken or envisaged to prevent and control occupational hazards due to air pollution, noise and vibration. The Committee notes that available legislation includes a Decree which constitutes the general framework including duties and rights of employers and workers (Parts I–II), the administration of occupational safety and health through an occupational safety and health board (“OSH board”) (Part III), the appointment of officers with supervisory and regular monitoring functions (Part IV), provisions for issuing orders (Part V), obtaining information (Part VI) and penalties (Part VIII). The Workplace Regulations regulate and provide limits for exposure to “air pollution” (section 12), “noise” (section 13) and “vibration” (section 10). The Construction Regulations also contain provisions concerning air pollution (section 19) and noise (section 17). Section 40 of the Construction Regulations entitles the competent authority to provide exemptions from their application when it is “satisfied that compliance with all or any provisions of these regulations are not necessary for the protection of an employee”. The Government is requested to indicate how the provisions to control and limit exposure to air pollution, noise and vibration are applied in practice and whether and on what conditions exemptions are granted from their application. The Government is also requested to indicate whether any further protective and preventive measures have been taken or are envisaged to give full effect to the provisions in Articles 8 and 9 of the Convention.

Article 5, paragraphs 1 and 2, and Article 7, paragraph 2. Participation of employers and workers and representatives of their organizations. The Committee notes the information provided that representatives of employers’ and workers’ organizations participate in the activities of the Occupational Safety and Health Board that has been set up and that workers also are entitled to present proposals before this Board or before the Principal Secretary of the Ministry of Social Affairs. The Committee also notes, however, that the quorum rules for this Board recently have been amended so as to no longer require the presence of a representative of all three groups, i.e. the Government, employers and employee groups. The Government is requested to indicate how the Occupational Safety and Health Board functions in practice, whether and to what extent workers and representatives of employers’ and workers’ organizations actually participate in its activities and whether and to what extent the new quorum rules have been applied.

Article 5, paragraph 4. Participation of employer or worker representatives in labour inspection. The Committee notes that the Government reports that there are no specific provisions which provide a right for employers’ or workers’ representatives to accompany an inspector supervising the application of the measures prescribed in this Convention. The Committee requests the Government to indicate the measures it has taken or envisages in order to comply with this provision of the Convention.

Article 6, paragraph 2. Cooperation between two or more employers at a workplace. The Committee notes, that in its report on the application of this provision, the Government refers to section 6 of the Decree which provides that “any person having control of premises which are used as a place of work by persons not in his employment or in which there is any plant or substance provided for use by persons not in his employment, to ensure that the premises, plant or substances are safe and without risk to health”. The Government is requested to clarify how section 6 of the Decree is applied in practice and how it contributes to ensuring that two or more employers at one workplace collaborate in order to apply prescribed measures for the protection of the health and safety of their employees.

Article 7, paragraph 2. Workers’ right to appeal to appropriate bodies. The Committee notes that the Government’s report and relevant legislation is silent on the question of workers’ right to appeal to appropriate bodies prescribed in the Convention. The Committee requests the Government to indicate the measures it has taken or envisages in order to comply with this provision of the Convention.

Article 8, paragraphs 1 and 3. Criteria for determining and reviewing hazards of exposure to air pollution, noise and vibration. The Committee notes that according to the Workplace Regulations (sections 12, 10 and 13 respectively), air pollution, noise and vibration are to be monitored, controlled and maintained below certain limits and that the Seychelles Bureau of Standards should further specify the injurious maximum levels of specific hazardous dusts, gases or substances (section 12(2), paragraph 2) and that this institution also assists the Ministry in measuring noise levels. The report is silent, however, as regards measures taken regularly to supplement and review these criteria and exposure limits in the light of current knowledge and data taking into account as far as possible any increase in occupational hazards resulting from simultaneous exposure to several harmful factors at the workplace. The Committee requests the Government to indicate how sections 10, 12 and 13 of the Occupational Safety and Health (Workplace Health, Safety and Welfare) Regulations, 1997, are applied in practice, whether the Seychelles Bureau of Standards has further specified the levels of exposure to specific hazardous dusts, gases or substances pursuant to section 12(2), paragraph 2, and whether measures have been taken or are envisaged to review the criteria and exposure limits in the light of current national and international knowledge.

Article 9. Prevention of air pollution, noise and vibration through design and installations of new plants or processes or through organizational measures. The Committee notes that the Government in its report refers to the general requirement in the Decree that the working environment as far as possible is to be kept free from hazards, but 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 requests the Government to indicate measures taken or envisaged to give effect to the provisions in Article 9 concerning control of occupational hazards due to air pollution, noise and vibration.

Article 10. Provision of personal protective equipment. The Committee notes the Government’s reference to sections 4 and 8 of the Decree which prescribe a general duty for the employer to provide personal protective equipment (“PPE”) as part of “all practicable measures” it should take to protect the safety and health of its employees and the requirement that employees use and take care of the PPE provided. These provisions are reflected in more detailed requirements in section 25 of the Workplace Regulations and in sections 16, 17 and 19 of the Construction Regulations. These provisions do not, however, include criteria specifying when PPE is to be provided and used. The Committee requests the Government to indicate how the provisions requiring employers to provide PPE are applied in practice, in particular how it is determined when PPE is to be provided and used.

Article 11, paragraphs 3 and 4. Provision of alternative employment and preservation of rights under social security or other social insurance legislation. The Committee notes that the report and available legislation is silent on the question of the right of workers to alternative employment and as regards the preservation of workers’ rights under social security or other social insurance legislation. The Committee would appreciate it if the Government would indicate the measures taken or envisaged to ensure compliance with the provisions concerning the right of workers to alternative employment and the preservation of their rights under social security or other social insurance legislation.

Article 12. Processes, substances, machinery and equipment requiring notification to the competent authorities. The Committee notes the reference in the report on the application of this provision to Parts II–VI of the Amendment Decree. The Committee notes that these parts appear to relate to the requirements for notification of accidents and diseases resulting, inter alia, from certain processes, substances, machinery and equipment listed in the schedule in Part V. It is thus not clear from the report whether and to what extent the schedules in the Amendment Decree also are used in the context of a system of authorizations or prescription of conditions for engaging in activities involving certain processes, substances, machinery and equipment. The Committee therefore requests 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 to 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. The Committee would appreciate it if the Government also could 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, disaggregated by sex, if possible.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the information provided in the Government’s first and second reports including reference to the Occupational Safety and Health Decree, Chapter 151, 1978 (revised edition 1991) ("Decree"). According to available information, this Decree has been amended by the Occupational Safety and Health (Amendment) Decree, 20 October 1999 ("Amendment Decree"), and relevant legislation also includes the Occupational Safety and Health (Construction Industry, Confined Space and Welding) Regulations, 1991 ("Construction Regulations") and the Occupational Safety and Health (Workplace Health, Safety and Welfare) Regulations, 1997 ("Workplace Regulations"). While the present comments are based on publicly available copies of this legislation, the Committee requests the Government, with its next report, to provide copies of all relevant laws and regulations. The Committee also requests the Government to provide further information on the following points.

2. Article 2, paragraph 1, of the Convention. Consultations with representative organizations of employers and workers. The Committee notes that the report is silent on whether the consultations called for in this provision of the Convention have been held. The Government is requested to indicate the manner in which the representative organizations of employers and workers concerned were consulted before taking the decision to accept the obligations in respect of all the categories of hazards.

3. Article 4. Measures taken or envisaged to prevent and control occupational hazards due to air pollution, noise and vibration. The Committee notes that available legislation includes a Decree which constitutes the general framework including duties and rights of employers and workers (Parts I-II), the administration of occupational safety and health through an occupational safety and health board ("OSH board") (Part III), the appointment of officers with supervisory and regular monitoring functions (Part IV), provisions for issuing orders (Part V), obtaining information (Part VI) and penalties (Part VIII). The Workplace Regulations regulate and provide limits for exposure to "air pollution" (section 12), "noise" (section 13) and "vibration" (section 10). The Construction Regulations also contain provisions concerning air pollution (section 19) and noise (section 17). Section 40 of the Construction Regulations entitles the competent authority to provide exemptions from their application when it is "satisfied that compliance with all or any provisions of these regulations are not necessary for the protection of an employee". The Government is requested to indicate how the provisions to control and limit exposure to air pollution, noise and vibration are applied in practice and whether and on what conditions exemptions are granted from their application. The Government is also requested to indicate whether any further protective and preventive measures have been taken or are envisaged to give full effect to the provisions in Articles 8 and 9 of the Convention.

4. Article 5, paragraphs 1 and 2, and Article 7, paragraph 2. Participation of employers and workers and representatives of their organizations. The Committee notes the information provided that representatives of employers’ and workers’ organizations participate in the activities of the Occupational Safety and Health Board that has been set up and that workers also are entitled to present proposals before this Board or before the Principal Secretary of the Ministry of Social Affairs. The Committee also notes, however, that the quorum rules for this Board recently have been amended so as to no longer require the presence of a representative of all three groups, i.e. the Government, employers and employee groups. The Government is requested to indicate how the Occupational Safety and Health Board functions in practice, whether and to what extent workers and representatives of employers’ and workers’ organizations actually participate in its activities and whether and to what extent the new quorum rules have been applied.

5. Article 5, paragraph 4. Participation of employer or worker representatives in labour inspection. The Committee notes that the Government reports that there are no specific provisions which provide a right for employers’ or workers’ representatives to accompany an inspector supervising the application of the measures prescribed in this Convention. The Committee requests the Government to indicate the measures it has taken or envisages in order to comply with this provision of the Convention.

6. Article 6, paragraph 2. Cooperation between two or more employers at a workplace. The Committee notes, that in its report on the application of this provision, the Government refers to section 6 of the Decree which provides that "any person having control of premises which are used as a place of work by persons not in his employment or in which there is any plant or substance provided for use by persons not in his employment, to ensure that the premises, plant or substances are safe and without risk to health". The Government is requested to clarify how section 6 of the Decree is applied in practice and how it contributes to ensuring that two or more employers at one workplace collaborate in order to apply prescribed measures for the protection of the health and safety of their employees.

7. Article 7, paragraph 2. Workers’ right to appeal to appropriate bodies. The Committee notes that the Government’s report and relevant legislation is silent on the question of workers’ right to appeal to appropriate bodies prescribed in the Convention. The Committee requests the Government to indicate the measures it has taken or envisages in order to comply with this provision of the Convention.

8. Article 8, paragraphs 1 and 3. Criteria for determining and reviewing hazards of exposure to air pollution, noise and vibration. The Committee notes that according to the Workplace Regulations (sections 12, 10 and 13 respectively), air pollution, noise and vibration are to be monitored, controlled and maintained below certain limits and that the Seychelles Bureau of Standards should further specify the injurious maximum levels of specific hazardous dusts, gases or substances (section 12(2), paragraph 2) and that this institution also assists the Ministry in measuring noise levels. The report is silent, however, as regards measures taken regularly to supplement and review these criteria and exposure limits in the light of current knowledge and data taking into account as far as possible any increase in occupational hazards resulting from simultaneous exposure to several harmful factors at the workplace. The Committee requests the Government to indicate how sections 10, 12 and 13 of the Occupational Safety and Health (Workplace Health, Safety and Welfare) Regulations, 1997, are applied in practice, whether the Seychelles Bureau of Standards has further specified the levels of exposure to specific hazardous dusts, gases or substances pursuant to section 12(2), paragraph 2, and whether measures have been taken or are envisaged to review the criteria and exposure limits in the light of current national and international knowledge.

9. Article 9. Prevention of air pollution, noise and vibration through design and installations of new plants or processes or through organizational measures. The Committee notes that the Government in its report refers to the general requirement in the Decree that the working environment as far as possible is to be kept free from hazards, but 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 requests the Government to indicate measures taken or envisaged to give effect to the provisions in Article 9 concerning control of occupational hazards due to air pollution, noise and vibration.

10. Article 10. Provision of personal protective equipment. The Committee notes the Government’s reference to sections 4 and 8 of the Decree which prescribe a general duty for the employer to provide personal protective equipment ("PPE") as part of "all practicable measures" it should take to protect the safety and health of its employees and the requirement that employees use and take care of the PPE provided. These provisions are reflected in more detailed requirements in section 25 of the Workplace Regulations and in sections 16, 17 and 19 of the Construction Regulations. These provisions do not, however, include criteria specifying when PPE is to be provided and used. The Committee requests the Government to indicate how the provisions requiring employers to provide PPE are applied in practice, in particular how it is determined when PPE is to be provided and used.

11. Article 11, paragraphs 3 and 4. Provision of alternative employment and preservation of rights under social security or other social insurance legislation. The Committee notes that the report and available legislation is silent on the question of the right of workers to alternative employment and as regards the preservation of workers’ rights under social security or other social insurance legislation. The Committee would appreciate it if the Government would indicate the measures taken or envisaged to ensure compliance with the provisions concerning the right of workers to alternative employment and the preservation of their rights under social security or other social insurance legislation.

12. Article 12. Processes, substances, machinery and equipment requiring notification to the competent authorities. The Committee notes the reference in the report on the application of this provision to Parts II-VI of the Amendment Decree. The Committee notes that these parts appear to relate to the requirements for notification of accidents and diseases resulting, inter alia, from certain processes, substances, machinery and equipment listed in the schedule in Part V. It is thus not clear from the report whether and to what extent the schedules in the Amendment Decree also are used in the context of a system of authorizations or prescription of conditions for engaging in activities involving certain processes, substances, machinery and equipment. The Committee therefore requests 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 to 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.

13. Part IV of the report form. The Committee would appreciate it if the Government also could 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, disaggregated by sex, if possible.