Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) - Mauritius (Ratification: 2012)

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 155 (occupational safety and health) and 187 (promotional framework for OSH) together.

The Committee notes the observations of the Confederation of Public and Private Sector Workers (CTSP) transmitted by the Government.

Application of the Conventions in practice. The Committee notes the detailed information provided by the Government regarding the statistics on occupational accidents reported to the OSH Division of the Ministry of Labour, Human Resource Development and Training. The Committee notes that in 2023, 15 fatal accidents were reported, which represents an increase from 2022 (when 7 such accidents were reported), and is highest figure recorded in the last 5 years. However, there has also been a continued decrease in the number of non-fatal accidents: 311 such accidents in 2023, down from 331 in 2022, 328 in 2021, 367 in 2020, and 429 in 2019. The Committee requests the Government to pursue its efforts to ensure the application of the Conventions in practice and to continue to provide statistical information on the number of occupational accidents and cases of occupational disease.

Action at the national level

National policy

Article 2(3) of Convention No. 187. Measures that could be taken, in consultation with the social partners, to ratify relevant OSH Conventions. The Committee notes the Government’s indication that a preliminary gap analysis was undertaken on the Asbestos Convention, 1986 (No. 162), the Occupational Safety and Health (Dock Work) Convention, 1979 (No.152), the Occupational Health Services Convention, 1985 (No. 161), the Safety and Health in Construction Convention, 1988 (No.167), and the Safety and Health in Agriculture Convention, 2001 (No. 184). The Government indicates that following discussion in the tripartite Advisory Council on OSH, it was decided to first consider ratification of Convention No. 162. The Committee requests the Government to continue to provide information on the measures adopted to periodically consider what measures could be taken to ratify relevant OSH Conventions.

Article 5(b) of Convention No. 155. Relationships between the material elements of work and the persons who carry out or supervise the work. In response to its previous comments, the Committee notes that the amendment of the Occupational Safety and Health Act (2005) through the OSH (Amendment) Act 2022 included a definition of the term “health” as the absence of disease or infirmity and includes the physical and mental elements affecting health which are directly related to safety and hygiene at work. Further, the 14th Schedule of the OSH Act 2005 was revised to recognize occupational diseases related to musculoskeletal disorders and mental and behavioural disorders as notifiable diseases, and therefore employers are required to examine these factors in carrying out a risk assessment for the purpose of identifying measures to be implemented to ensure safety and health of employees. The Government indicates that the Risk Assessment Guidelines provides that the types of hazards to be considered include psychosocial and ergonomic risks and require employers to take into consideration workers with incapacities, young and old workers and pregnant workers. The Committee requests the Government to continue to provide information on measures adopted or envisaged to give full effect to this article of the Convention, including the adaptation of working time and organisation of work and work processes to the physical and mental capacities of the workers.

Article 14 of Convention No. 155. Measures for the inclusion of questions of occupational safety and health at all levels of education and training. Further to its previous comment, the Committee notes the information provided by the Government that necessary action is being taken to ensure compliance with the inclusion of safety and health in the curriculum at primary and secondary level, including the inclusion of safety and health in the curriculum of grades 1 to 9. The Government also indicates that several tertiary education and vocational institutions had included OSH in their courses and the Government will continue to follow-up on this matter. The Committee requests the Government to continue to provide information on measures taken to ensure the inclusion of questions of occupational safety and health at all levels of education and training.

National system

Article 11(c) of Convention No. 155 and Article 4(3)(f) and (g) of Convention No. 187. Establishment and application of procedures for the notification of occupational accidents and diseases by insurance institutions. Collaboration with insurance and social security schemes. The Committee takes due note of the Government’s indication that section 85 of the OSH Act 2005 was amended by sections 19 and 20 of OSH (Amendment) Act 2022, so that insurers must notify the National OSH Department of occupational accidents and diseases (in addition to the notification requirements for employers). The Committee takes note of this information, which addresses its previous request.

Article 11(c) and (e) of Convention No. 155. Notification of occupational diseases and annual publication of information on the measures taken in pursuance of the national policy. The Committee notes the detailed statistical information provided regarding the number of occupational accidents. It notes the Government’s indication that, for the period under review, no occupational diseases have been reported to the National OSH Department. The Government also indicates that the Occupational Health Unit of the Ministry of Health and Wellness collects data on occupational diseases through medical surveillance notification of occupational diseases. The Committee requests the Government to provide information on the measures taken to strengthen the system for the notification of occupational diseases. It also requests the Government to provide information on the manner in which it ensures the annual publication of information on the measures taken in pursuance of the national OSH policy and on occupational diseases and injuries arising in the course of or in connection with work.

Article 4(3)(h) of Convention No. 187. Micro-enterprises, small and medium-sized enterprises (SMEs) and the informal economy. The Committee requests the Government to provide additional information on the support mechanisms adopted for a progressive improvement of occupational safety and health conditions in micro-enterprises, small and medium-sized enterprises and the informal economy.

National programme

Article 5(1) and (2)(c) and (e) of Convention No. 187. Formulation, implementation, monitoring, evaluation and periodic review of the national OSH programme. Requirements of the national programme. In response to its previous request, the Committee notes the Government’s indication that a recruitment process is underway to hire a consultant to assist with the development of an updated National OSH Programme, and that tripartite consultations are being held within the Advisory Council for Occupational Safety and Health (ACOSH). The Committee requests the Government to continue to provide information on the evaluation and periodical review of the national OSH programme, as well as on the outcomes of the consultations held within ACOSH. The Committee also requests the Government to indicate the measures adopted to ensure that the national OSH programme is formulated and reviewed on the basis of the analysis of the national OSH situation, and includes objectives, targets and progress indicators.

Action at the level of the enterprise

Article 16(3) of Convention No. 155.Adequate protective clothing and equipment. The Committee notes that the CTSP indicates, in its observations, that there is a lack of expertise within the OSH Division regarding the provision of personal protective equipment, which affects particularly migrant workers, with many having to wear their own clothes at work. The CTSP also states that employers are failing to maintain, wash, and replace protective clothing when needed. In response, the Government states that the OSH Act 2005 makes no distinction between local and migrant workers, applying the same requirements to both regarding the provision of personal protective equipment and clothing (pursuant to section 82 of the Act). Additionally, the issuance of personal protective equipment and clothing is verified during on-site inspections. The Committee requests the Government to provide more information on measures taken or envisaged to ensure that employers provide, where necessary, adequate protective clothing and protective equipment to workers.

Articles 16 and 19(b), (c) and (e) of Convention No. 155. Obligations of employers and rights of workers and their representatives in the field of occupational safety and health. The Committee notes the Government’s indication that section 4 of the OSH (Amendment) Act 2022 amended the OSH Act 2005 to require employers to consult workers representatives of the Safety and Health Committee, or where such a committee does not exist, other worker representatives within the undertaking, to promote cooperation on safety and health at work. The Committee also notes the Government’s reference to section 61 of the Finance (Miscellaneous Provisions) Act 2023, which amended the OSH (Amendment) Act 2022 to establish that employers must, before and during risk assessments: (i) consult workers or their representatives to properly identify hazards; (ii) provide information and regular OSH training to workers and their representatives on work hazards and risks, preventive and protective measures and the need to inform the employers, their representative or any other relevant person of any hazard or risk at the place of work; and (iii) ensure that workers or their representatives have the right to request and receive information on the risk assessment report.

The Committee notes that the CTSP indicates, in its observations, that: (i) while risk assessments are required to be conducted by registered safety officers, employers often engage external consultants, who may not possess the requisite skills and expertise for proper risk assessments; and (ii) the contracts of safety officers and/or OSH physicians should not be terminated without the consent of the recognized trade union or a majority of workers, since allowing employers to unilaterally terminate these professionals creates a conflict of interest, as it may discourage them from identifying or reporting OSH deficiencies for fear of job loss. In response, the Government indicates that: (a) given the diverse and complex nature of workplace hazards, employers may need to rely on individuals with various competencies to ensure effective risk assessments. Moreover, employers with fewer than 100 employees are not required to employ a safety and health officer (as stipulated in section 30 of the OSH Act 2005), making it necessary to engage OSH consultants; and (b) OSH physicians are bound by the code of ethics for medical professionals, and the duties of safety and health officers are regulated by section 20 of the OSH Act 2005. In cases of malpractice, OSH physicians may face sanctions. The Committee requests the Government to provide additional information on measures taken in practice to ensure that representatives of workers are given adequate information on the measures taken by employers to secure OSH and also on the measures which are in place for employers to consult with representative organizations about such information and rights of workers and their representatives to inquire into and be consulted on all aspects of OSH.

Article 19(d) of Convention No. 155. Appropriate OSH training to workers. The Committee notes that the CTSP indicates that language barriers are hindering effective communication between OSH officers/inspectors and migrant workers. Although safety classes and safety signs are mandatory, they are not being conducted or displayed in languages understood by migrant workers. In its reply, the Government indicates that services of interpreters are sought by the National OSH Department when necessary and under section 5(2)(d) of OSH Act 2005, the employer is required to provide training to his employees, including migrant workers, and to ensure that communication is made in the language understood by them. The Committee requests the Government to provide further information on measures adopted in practice to ensure that all workers in the undertaking are given appropriate training in occupational safety and health.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

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 155 (occupational safety and health) and 187 (promotional framework for OSH) together.

I. Action at the national level

A. National policy

Article 2(3) of Convention No. 187. Measures that could be taken, in consultation with the social partners, to ratify relevant OSH Conventions. Following its previous comment, the Committee notes that the following conventions were examined by the tripartite Advisory Council for OSH: the Asbestos Convention, 1986 (No. 162), the Occupational Safety and Health (Dock Work) Convention, 1979 (No.152), the Hygiene (Commerce and Offices) Convention, 1964 (No. 120), the Occupational Health Services Convention, 1985 (No. 161), the Safety and Health in Construction Convention, 1988 (No.167), and the Safety and Health in Agriculture Convention, 2001 (No. 184). The Committee notes that the Council has reviewed several ILO Conventions and Recommendations with a view to using them to update the national OSH legislation and improve working conditions. It takes note of the legislation and guidelines examined by the ACOSH. The Committee takes note of this information, which addresses its previous request.

Article 5(b) of Convention No. 155. Relationships between the material elements of work and the persons who carry out or supervise the work. In its previous comment, the Committee noted that a number of elements of Article 5(b) of the Convention do not seem to be covered by the OSH policy or legislation, including the adaptation of working time, the organization of work and work processes to the physical and mental capacities of the workers. The Committee requested the Government to provide further information on the extent to which the national OSH policy takes into account all the elements listed in Article 5(b) of the Convention. The Committee notes the Government’s indication that section 5(1) of the OSH Act 2005, which requires employers to ensure the safety and health of their employees, is being amended to include “mental health” in the definition of health. The Government also refers to the Risk Assessment Guidelines 2011, which are intended to provide guidance to employers on the hazards to be considered when carrying out the risk assessment. The types of hazards to be considered are: chemical, mechanical, physical, biological, psychosocial, environmental, fire and ergonomic. The Risk Assessment Guidelines also require employers to take into consideration workers with incapacities, young/old workers and pregnant workers. The Committee requests the Government to provide information on the amendment of section 5(1) of the OSH Act and to provide a copy once adopted.

Article 5(e) of Convention No. 155. Spheres of action in the national OSH policy. Protection of workers and their representatives from disciplinary measures. In its previous comment, the Committee requested the Government to provide information on the measures taken to ensure that workers and their representatives are protected from disciplinary measures as a result of actions properly taken by them. The Committee notes that the Government refers to section 15(2) of the OSH Act, which provides that no civil or criminal action, or any form of disciplinary proceedings, shall lie against any employee as a result of a complaint made in good faith against his employer under the Act. The Committee further notes that section 23(7) of the OSH Act provides that no civil, criminal or disciplinary action shall lie against a member of the Safety and Health Committee in respect of anything done in good faith under the Act. The Committee takes note of this information, which addresses its previous request.

Article 14 of Convention No. 155. Measures for the inclusion of questions of occupational safety and health at all levels of education and training. In its previous comment, the Committee noted that educational institutions at the primary, secondary, tertiary and vocational levels have included occupational safety and health questions in their courses. The Committee notes that the National OSH Programme provides for the introduction of OSH curricula at all levels of education and supporting research work in collaboration with universities and professional institutions. The Committee requests the Government to provide detailed information on the measures taken with a view to promoting, in a manner appropriate to national conditions and practice, the inclusion of questions of occupational safety and health and the working environment at all levels of education and training, including higher technical, medical and professional education, in a manner meeting the training needs of all workers.

B. National system

Article 11(b) of Convention No. 155. Functions to be carried out progressively including the determination of work processes and of substances and agents the exposure to which is to be controlled by the competent authority or authorities; health hazards due to the simultaneous exposure to several substances or agents. Following its previous comment, the Committee notes the Government’s reference to the Dangerous Chemical Control Act 2004 (DCCA). The Committee notes that, under section 7 of the DCCA, the Dangerous Chemicals Control Board is responsible for, among other things, classifying dangerous chemicals after consultation with the Advisory Council on Dangerous Products, considering applications for the grant of licences, permits and authorizations, issuing prohibition notices and registering dangerous chemicals. Furthermore, the Committee notes that the DCCA lists the dangerous and extremely dangerous chemicals, the prohibited chemicals, the enforcing agencies, the measures to be taken regarding scheduled operation, and that it regulates the transport, storage and handling of dangerous chemicals. In addition, the Committee notes the Government’s reference to the OSH (Noise at Work) Regulation 2012, which requires employers to ensure that workers receive appropriate medical surveillance; the OSH (Control of Asbestos at Work) Regulation 2014, which relates to the prohibition of asbestos; and section 8 of the OSH Act 2005, which prohibits the employment of young workers in certain activities. Finally, the Government indicates that employers should consider simultaneous exposure during risk assessment. The Committee takes note of this information, which addresses its previous request.

Article 11(c) of Convention No. 155 and Article 4(3)(f) and (g) of Convention No. 187. Establishment and application of procedures for the notification of occupational accidents and diseases by insurance institutions. Collaboration with insurance and social security schemes. Further to its previous comment, the Committee notes the Government’s indication that the OSH Act 2005 is being amended to include the reporting of occupational accidents by insurance companies. In addition, the Committee notes that occupational accidents are reported to the OSH Division, under the Ministry of Labour, Human Resource Development and Training, and that occupational diseases are reported to the Occupational Health Unit of the Ministry of Health and Wellness. Occupational industrial injuries are reported to the Ministry of Social Security and National Solidarity to obtain industrial injury benefits, as the self-employed and employees are entitled to industrial injury benefit and disablement benefit under the Social Contribution and Social Benefits Act 2021. The Workmen’s Compensation Act 1931 applies where, in any employment, a worker suffers personal injury by accident arising out of and in the course of employment. Finally, the Committee notes that an analysis of accidents reported to the OSH Division is carried out on a yearly basis. The Committee requests the Government to provide information on any developments regarding the revision of the OSH Act to give full effect to Article 11(c) of the Convention.

Article 11(e) of Convention No. 155. Annual publication of information on the measures taken in pursuance of the national policy. Further to its previous comment, the Committee notes the Government’s indication that data on the number of notifiable fatal accidents, notifiable non-fatal accidents and non-notifiable accidents, as well as the number of cases brought to the courts are published on the website of the Ministry. The Committee notes that the Government does not provide information on the effect given to Article 11(e) regarding the annual publication of information on the measures taken in pursuance of the national OSH policy and on occupational diseases and injuries arising in the course of or in connection with work. The Committee requests the Government to provide information on the measures progressively taken to give full effect to Article 11(e).

Article 4(3)(h) of Convention No. 187. Micro-enterprises, small and medium-sized enterprises (SMEs) and the informal economy. Following its previous comment, the Committee notes the Government’s indication that OSH training and advice is provided free of charge to all stakeholders, including micro-enterprises, SMEs and the informal economy. The Committee further notes that, in the context of the COVID-19 pandemic, and to address the economic hardship of the self-employed, micro-enterprises, SMEs and the informal economy, the Government has established the Self-employed Assistance Scheme and the Government Wage Assistance Scheme. In this regard, the Government indicates that, to benefit from these schemes, the self-employed and employees in the informal economy had to be registered with the Mauritius Revenue Authority, which resulted in a significant decrease in the number of persons working in the informal sector. The Committee requests the Government to continue providing information on the support mechanisms adopted for a progressive improvement of occupational safety and health conditions in micro-enterprises, small and medium-sized enterprises and the informal economy.

C. National programme

Article 5(1) and (2)(c) and (e) of Convention No. 187. Formulation, implementation, monitoring, evaluation and periodic review of the national OSH programme. Requirements of the national programme. Further to its previous comment, the Committee notes the Government’s indication that the 2009 National Occupational Safety and Health Profile is being reviewed with the assistance of the ILO to identify challenges in existing and emerging sectors in Mauritius and to propose measures to mitigate the risks and overcome obstacles. The Committee notes that an updated National Occupational Safety and Health Programme will be developed accordingly. Finally, it notes the activities carried out in the area of OSH in the context of the implementation of the Decent Work Country Programme 2012–14. The Committee requests the Government to continue providing information on the evaluation and periodical review of the national OSH programme. Moreover, it requests the Government to provide information on the outcome of the consultations held in this regard. Finally, the Committee requests the Government to indicate the measures adopted to ensure that the national OSH programme is formulated and reviewed on the basis of the analysis of the national OSH situation, and includes objectives, targets and progress indicators.

II. Action at the level of the enterprise

Article 19(b) and (c) of Convention No. 155. Rights of representatives of workers in the field of occupational safety and health. In its previous comment, the Committee noted the Government’s indication that the necessary amendments were being made to the OSH Act in order to implement these provisions of the Convention. The Committee notes that the Government has not provided information in this regard. The Committee once again requests the Government to provide information on any progress made in the adoption of the amendments to the OSH Act on this subject, and particularly on the manner in which they give effect to Article 19(b) and (c) of the Convention.

Article 19(e) of Convention No. 155. Inquiries by workers and their representatives, and their consultation on all aspects of OSH. Further to its previous comment, the Committee notes the Government’s indication that section 20 of the OSH Act 2005 is being amended. It indicates that once this section has been amended, following a request made by an employee, the employer shall within 28 days of a written request made by an employee, communicate to him the findings of the relevant part of the risk assessment in relation to the risks to which he is exposed whilst at work. The Committee requests the Government to provide information on any progress in the adoption of this amendment to the OSH Act, and to communicate a copy of the amended Act once it becomes available.

Article 20 of Convention No. 155 and Article 4(2)(d) of Convention No. 187. Cooperation between management, workers and their representatives. Further to its previous request on the arrangements made to ensure cooperation between management and workers and/or their representatives within undertakings employing fewer than 50 workers, the Committee notes the Government’s indication that, under the Risk Assessment Guidelines, it is recommended that the team that carries out the assessment shall, in so far as is reasonably practicable, consist of both employees’ and employer’s representatives. It should normally include safety and health personnel, safety and health representatives, a representative of the maintenance team and where necessary specialists in specific fields. The Committee takes note of this information, which addresses its previous request.

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

The Committee welcomes the detailed information supplied in the Government’s first report on the application of the Convention, in addition to the numerous documents annexed to the report, namely the national occupational safety and health (OSH) policy of 2001, the list of OSH legislation applicable in the country, the national OSH programme and the national OSH profile, which was prepared with the assistance of the ILO in 2009. The Committee also welcomes the commitment of the Government and the social partners to OSH issues and their efforts to develop a culture of prevention.

Article 2(3) of the Convention. Measures that could be taken, in consultation with social partners, to ratify relevant OSH Conventions. The Committee notes the information that, in addition to the ratification of this Convention, the Occupational Safety and Health Convention, 1981 (No. 155), was ratified on 25 July 2014, following consultations with the tripartite Advisory Council for OSH. It also notes that the ratification of these Conventions was part of one of the outcomes of Mauritius’ 2012–14 Decent Work Country Programme (DWCP), aimed at improving the quality of employment with increased OSH activities and adequate OSH training for social partners. The Committee asks the Government to continue to provide information on the periodic consideration of measures that could be taken to ratify relevant OSH Conventions, in consultation with the social partners, and on the outcome of the consultations held during the period covered by the next report.

Article 4(2)(d). Arrangements to promote cooperation between management, workers and their representatives at the level of the undertaking. The Committee notes the Government’s indication that cooperation between management, workers and their representatives is achieved through safety and health committees, which must be established in workplaces employing 50 or more workers (section 21(1) of the OSH Act of 2005). The Committee asks the Government to provide information on the measures taken, in law and in practice, to ensure that cooperation between management, workers and their representatives is promoted in undertakings employing less than 50 workers.

Article 4(3)(g). Collaboration with relevant insurance and social security schemes. The Committee notes that according to the Government, counselling and guidance with regard to compensation from insurance or social security schemes is offered to injured workers. The Committee asks the Government to provide further information on collaboration with insurance and social security schemes covering occupational injuries and diseases, and to indicate any provisions which give effect to this Article of the Convention.

Article 4(3)(h). Support mechanisms for progressive improvement of OSH conditions in micro-enterprises, small and medium-sized enterprises (SMEs) and the informal economy. The Committee notes the Government’s indication that all workplaces are covered by OSH legislation and have access to OSH-related information through the Ministry’s website. However, it notes from the 2009 OSH profile that the informal sector is the least served with regard to OSH, despite its great need, partly due to the fact that authorities are often unaware of the existence of such workplaces. The Committee asks the Government to provide further details on the support mechanisms referred to in this provision of the Convention in relation to micro-enterprises, SMEs and the informal economy.

Article 5(1) and (2)(c). Evaluation and periodical review of the national programme on OSH, in consultation with the most representative organizations of employers and workers. The Committee notes the Government’s indication that the national OSH programme was developed in consultation with the Advisory Council for OSH and that the continuous review and update of the programme is done as required. The Committee asks the Government to provide further information on the evaluation and periodical review of the national OSH programme, in light of the progressive implementation of the OSH-related measures of the 2012–14 DWCP, and to provide information on the outcome of the consultations held in this regard.

Article 4(3)(f). Mechanism for the collection and analysis of data on occupational injuries and diseases. Application of the Convention in practice. The Committee notes the Government’s indication that data on occupational accidents is collected and analysed by the OSH division of the Ministry of Health and Quality of Life, while the Ministry’s Occupational Health unit collects and analyses the data on occupational diseases. Furthermore, the Committee notes from the 2009 OSH profile that the collection of national statistics on occupational accidents and diseases meticulously conforms to the ILO code of practice on the recording and notification of occupational accidents and diseases. The Committee asks the Government to provide further details on the manner in which data on occupational injuries and diseases is collected and analysed. It also asks the Government to provide, where such statistics exist, information on the number of workers covered by the legislation, the number and nature of contraventions reported, and the number, nature and cause of accidents and occupational diseases reported.