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 the ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 155 (OSH) and 187 (promotional framework for OSH) together.

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

Action at the national level

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

National policy

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

National system

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

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

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

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

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

National programme

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

Action at the level of the undertaking

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

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

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

The Committee takes note of Ordinance No. 2023-01 of 28 July 2023, which suspends the Constitution of 25 November 2010, and establishes the National Council for the Safeguard of the Homeland, as well as Ordinance No. 2023-02 of 28 July 2023, on public authorities during the transition period, as communicated by the Government. It notes that under Ordinance No. 2023-02, laws and regulations enacted and published as of the signing date of the ordinance remain in force unless expressly repealed (section 19). The Committee also notes that this ordinance provides that Niger remains bound by ratified international treaties and agreements (section 3).

Articles 13 and 19(f) of the Convention. Protection of workers who have removed themselves from a situation presenting an imminent and serious danger. In its previous comments, the Committee noted an absence of information on the measures taken to ensure that any workers who have removed themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health are protected from undue consequences. In this regard, the Committee notes the Government’s indication in its report that workers are not required to return to work where there is a risk, until measures of protection have been taken to eliminate the danger. The Government indicates that in the event of a dispute, workers or staff representatives may refer the matter to the labour inspectorate and, where appropriate, to the labour court. Noting the absence of information concerning the existence of legal grounds protecting workers against undue consequences in the situations referred to in Article 13, the Committee requests the Government to take the necessary measures to give full effect to Articles 13 and 19(f) of the Convention in law and in practice, and requests the Government to provide information on the application in practice of these Articles, including on cases where workers or staff representatives have referred the matter to the labour inspectorate or the labour court, and the action taken in such cases.

Furthermore, the Committee recalls its pending comment concerning the ratified technical Convention on OSH (the Occupational Health Services Convention, 1985 (No. 161)), adopted by the Committee in 2022, to which the Government will be asked to respond in 2027, in accordance with the reporting cycle.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Previous comment on Convention No. 119Previous comment on Convention No. 148Previous comment on Convention No. 155Previous comment on Convention No. 161Previous comment on Convention No. 187

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 119 (guarding of machinery), 148 (working environment (air pollution, noise and vibration), 155 and its Protocol of 2002 (OSH), 161 (occupational health services) and 187 (promotional framework for OSH) together.

Application in practice of Conventions Nos 119, 148, 155 and its Protocol, 161 and 187. The Committee notes the statistical information in the Government’s report concerning occupational accidents and occupational diseases recorded between 2015 and 2019. It notes that mining and quarrying (18.93 per cent) and water, gas and electricity production and distribution (18.34 per cent) are the branches of activity recording the highest rates of occupational accidents and diseases, and that the occupational category of manual workers is the most affected, with 69 accidents, including seven fatal accidents, and a total of 1,240 days lost. The Committee requests the Government to indicate all measures taken or envisaged to reduce the number of occupational accidents and occupational diseases in these sectors and for this category of workers. The Committee also requests the Government to continue providing statistical data on occupational accidents and diseases which have been recorded, including occupational accidents resulting from the use of machinery and occupational diseases resulting from air pollution, noise and vibration.

A.General provisions

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

The Committee notes the information provided by the Government in reply to its previous requests concerning legislative developments and the following Articles of Convention No. 155: Article 5(a) and (b) (spheres of action involving the material elements of work and their relationships with the persons who carry out or supervise the work); Article 5(d) (sphere of action involving communication and cooperation); Article 6 (functions and responsibilities in respect of OSH); Article 11 (functions of the competent authorities); and Article 21 (expenditure for OSH measures). The Committee also notes the information provided by the Government in reply to its previous request concerning Article 4(3)(a)–(g) (components of the national system for OSH) of Convention No. 187.

I.Action at the national level

Article 2(1) of Convention No. 187. Continuous improvement of OSH in consultation with the most representative organizations of employers and workers. Further to its comments on the measures taken to give effect to Article 2(1), the Committee notes with interest the adoption of Decree No. 2017-682/PRN/MET/PS issuing the regulatory part of the Labour Code, of which Title III, Chapter II is concerned with occupational safety, health and hygiene, pursuant to sections 136–156 of the Labour Code. The Committee also notes section a.4.1 of the national policy on OSH adopted on 30 June 2017 (PNSST 2017), which indicates that the opinion of the OSH Technical Advisory Committee (CTCSST) must be obtained before any legislative or regulatory text on OSH is adopted. It also notes that the tripartite composition of the CTCSST is provided for by section 524 of Decree No. 2017-682/PRN/MET/PS. The Committee further notes the Government’s indication that the adoption of a specific code on OSH, the mapping of occupational hazards and the establishment of a Higher Council for the Prevention of Occupational Hazards are still under way. The Committee also notes that, in the context of the Universal Periodic Review (UPR) of the United Nations Human Rights Council, the recommendations for Niger in 2021 included strengthening the legislative and regulatory frameworks and the existing measures taken to protect local communities against the consequences of uranium mining (A/HRC/48/5, paragraph 122.66). In this regard, the Committee notes that Niger adopted Order No. 03/MME/DM of 8 January 2001 providing protection against the dangers of ionizing radiation in the mining sector. The Committee requests the Government to continue providing information on progress made regarding the adoption of the specific code on OSH and the mapping of occupational hazards. The Committee also requests the Government to continue providing information on the activities of the CTCSST in practice, including the frequency of its meetings, and on the steps taken to promote continuous improvement of OSH with respect to workers exposed to ionizing radiation in the mining sector.

National policy

Articles 4 and 7 of Convention No. 155 and Article 3 of Convention No. 187. National policy on OSH. The Committee notes with interest the adoption in 2017 of the national policy on OSH (PNSST 2017), further to the opinion of the tripartite CTCSST. It notes that the general objective of the PNSST 2017 is to ensure the safety and health of workers through the prevention of occupational accidents and diseases in all sectors (section 2.2). The Committee requests the Government to provide more information on the steps taken to implement the PNSST 2017, and to indicate the manner in which it ensures the periodic review of this national policy, in consultation with the most representative employers’ and workers’ organizations.

National system

Article 5(c) of Convention No. 155 and Article 4(3)(c) of Convention No. 187. Training in OSH. The Committee notes that, under section 1.1 of the PNSST 2017, one of the difficulties highlighted concerning the protection of workers’ health is the inadequacy of training for all stakeholders, and the competent authorities have made a point of resolving these issues, in particular through the introduction of OSH instruction in vocational training schools. Further to its previous request concerning the functioning of the National Coordinating Office for OSH Committees (CNCSST), the Committee also notes that, under section 2 of Order No. 0365 of 16 March 2012 (as amended in 2020) establishing the CNCSST and its competencies and composition, the CNCSST is tasked with organizing training activities with the assistance of the State, the employers, the National Social Security Fund and other stakeholders. Moreover, section 3 of the above-mentioned Order provides that the CNCSST can assist the regional coordinating offices by providing information and training for members of the OSH committees in enterprises. The Committee requests the Government to provide more information on the activities of the CNCSST in practice, particularly pursuant to sections 2 and 3 of Order No. 0365 of 16 March 2012, as amended.

Article 5(e) of Convention No. 155. Protection of workers and their representatives from disciplinary measures as a result of actions properly taken by them in conformity with national policy. The Committee notes that, under section 224(2) of Decree No. 2017-682/PRN/MET/PS, an employer cannot dismiss a worker for lack of work during the provisional suspension of work on account of a dangerous situation. The Committee requests the Government to provide more information on the steps taken to ensure the protection of workers and their representatives from disciplinary measures as a result of actions properly taken by them in conformity with national policy, beyond the situations envisaged in section 224 of Decree No. 2017-682/PRN/MET/PS.

Article 15(1) of Convention No. 155. Necessary coordination between various authorities and bodies. The Committee notes that, according to section 1.1.2.2 of the PNSST 2017, one of the weaknesses of the system for the prevention of occupational hazards is the lack of coordination between the various administrative stakeholders involved in prevention, which results in the dispersal of resources and frameworks for intervention. The Committee requests the Government to provide information and indicate whether progress has been made on coordination between the various stakeholders in the system for the prevention of occupational hazards further to the implementation of the PNSST 2017.

Article 4(3)(h) of Convention No. 187. Support mechanisms in micro-enterprises, in small and medium-sized enterprises and in the informal economy. The Committee requests the Government to indicate all the measures taken or envisaged to ensure that there are support mechanisms for a progressive improvement of OSH conditions in micro-enterprises, in small and medium-sized enterprises and in the informal economy.

Article 12 of Convention No. 155. Obligations of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee notes that, under section 304 of Decree No. 2017-682/PRN/MET/PS, the sale, hire, transfer and exhibition of machinery of which the dangerous parts are without appropriate guards are prohibited for persons or their agents who manufacture, sell, hire, transfer or exhibit such machinery. The Committee also notes that section 305 of the same Decree imposes the obligation on manufacturers, importers or sellers to provide employers and self-employed workers who are users of dangerous substances or preparations with the necessary information on prevention and safety through a safety data sheet. The Committee notes that these provisions give effect to Article 12(a) of Convention No. 155 with regard to substances and machinery and give effect to Article 12(b) and (c) with regard to substances. The Committee therefore requests the Government to indicate the manner in which it is ensured that persons who manufacture, sell, hire, transfer or exhibit machinery provide information concerning the correct installation and use of machinery and equipment (Article 12(b)) and undertake studies and research or otherwise keep abreast of the scientific and technical knowledge (Article 12(c)).

National programme

Article 5 of Convention No. 187. National programme on OSH. The Committee previously noted that there was no national programme on OSH and expressed the hope that the Government would make all necessary efforts to formulate and implement such a programme, asking the Government to continue providing information on the progress made in this respect. The Committee notes that, according to the Government, the national OSH programme has not yet been developed. However, the PNSST 2017 contains time-bound strategies setting out the results expected in terms of improving the national system for OSH. The Committee requests the Government to provide information on the implementation, monitoring, evaluation and periodic review of the strategies contained in the PNSST 2017, including the results achieved.

II.Action at the enterprise level

Article 19(b)–(e) of Convention No. 155. Rights of workers’ representatives with regard to occupational safety and health. The Committee notes the Government’s indication, in reply to its previous comments, that labour inspectors may ask establishments or enterprises of ten or fewer employees to elect their staff delegates in the context of an internal works agreement. It also notes that, under section 1.1.2.2 of the PNSST 2017, one of the organizational weaknesses of the national system is the absence of OSH committees in some enterprises or the fact that the committees are not operational. The Committee therefore requests the Government to indicate the measures taken, including in the context of implementation of the PNSST 2017, in support of OSH committees in enterprises and to ensure that these committees are established in enterprises in practice.

2. Protocol of 2002 to Convention No. 155

The Committee takes note of the Government’s first report.

Articles 2 and 3(a)(iv) and (c) of the Protocol. Responsibility of employers to refrain from instituting retaliatory or disciplinary measures. Duration for maintaining records. Periodic review of requirements and procedures. The Committee notes the procedures for recording occupational accidents and diseases established by the Labour Code and Decree No. 65-117 of 18 August 1965 establishing rules for the management of the scheme for the compensation and prevention of occupational accidents and diseases by the National Social Security Fund (Decree No. 65-117). However, the Committee observes a lack of information on recording requirements and procedures in relation to: (i) the responsibility of employers to refrain from instituting retaliatory or disciplinary measures against a worker for reporting an occupational accident, occupational disease, dangerous occurrence, commuting accident or suspected case of occupational disease (Article 3(a)(iv)); and (ii) the duration for maintaining these records (Article 3(c)). The Committee therefore requests the Government to indicate the measures taken or envisaged to give effect to Article 3(a)(iv) and (c) of the Protocol. The Committee also requests the Government to provide information on the consultations which have taken place with the social partners as regards establishing the recording and notification requirements and procedures prescribed by the Protocol, and on the periodic review of these requirements and procedures.

Article 5. Data included in the notification. The Committee notes that, under section 19 of Decree No. 65-117, the doctor concerned must draw up a medical certificate indicating the condition of the victim, the consequences of the accident or, if these are unclear, the possible aftermath. Under section 121 of the same Decree, the certificate drawn up by the employer must indicate the nature of the illness and the likely aftermath. The Committee requests the Government to indicate the measures taken or envisaged to ensure that notifications include data on the enterprise, establishment and employer, and also on the workplace, the circumstances of the accident or the dangerous occurrence and, in the case of an occupational disease, the circumstances of the exposure to health hazards.

Article 6. Annual publication of statistics. The Committee notes that the Government cites statistical information relating to occupational accidents and diseases, indicating that they originate from an annual report of the National Social Security Fund. The Committee requests the Government to provide more information on the measures taken or envisaged to publish these statistics annually, as well as the analyses thereof, indicating in particular the manner in which the annual reports of the National Social Security Fund are made public.

3.Occupational Health Services Convention, 1985 (No. 161)

The Committee notes the information provided by the Government in reply to its previous request concerning the legislation and Article 4 (consultations with the social partners), Article 9 (composition of the personnel and cooperation), Article 10 (professional independence), Article 11 (qualifications required for the personnel) and Article 12 (surveillance of workers’ health) of the Convention.

Article 5 of the Convention. Functions of occupational health services. The Committee notes the legislative provisions defining the functions of doctors in workplaces, in particular sections 235, 270, 271, 272 and 344–349 of Decree No. 2017-682/PRN/MET/PS, which correspond to the functions defined in Article 5(a), (b), (c), (e), (f), (g), (h), (i), (j) and (k) of the Convention. However, the Committee notes that, under section 1.1.2.2 of the PNSST 2017, one of the weaknesses noted in the OSH system is that occupational medical services focus exclusively on curative rather than preventive action. The Committee therefore requests the Government to indicate the measures taken or envisaged to remedy these difficulties, and to provide further information on the extent to which occupational health services perform in practice the functions defined in Article 5 of the Convention.

Article 8. Participation of employers and workers in the implementation of the organization of occupational health services. The Committee notes the Government’s indication concerning the participation of employers and workers in the activities of occupational health services in cases where an OSH committee exists in the enterprise. The Committee once again requests the Government to provide additional information on the measures taken to ensure that the employer, the workers and their representatives participate in the organization of occupational health services in enterprises or establishments with fewer than 50 workers.

B.Protection against specific risks

Guarding of Machinery Convention, 1963 (No. 119)

The Committee notes the information provided by the Government in reply to its previous request concerning the legislation and Articles 2 and 4 (prohibition on the sale, hire, transfer and exhibition of machinery) and Article 11 (prohibition on the use of machinery without guards) of the Convention.

Article 10 of the Convention. Information and instructions to be given to workers. The Committee notes that, under section 212 of Decree No. 2017-682/PRN/MET/PS, the employer is required to take all necessary steps to ensure the safety, and protect the life and health, of the workers that he employs, and also of all the workers present in the enterprise, and that these measures include information and training activities. Noting this general obligation, the Committee requests the Government to provide more detailed information on the measures taken to ensure that the employer informs the workers about the national laws or regulations relating to the guarding of machinery, about the dangers arising from the use of machinery, and about the precautions to be observed.

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

The Committee notes the information provided by the Government in reply to its previous request concerning Article 15 (appointment of a competent person or use of a competent service) and Article 16 (implementing measures and penalties) of the Convention.

Article 4(1) of the Convention. National legislation. Measures to prevent occupational hazards due to vibration. Further to its comments on the development of the legislation to give effect to Article 4 of the Convention, the Committee notes that Decree No. 2017-682/PRN/MET/PS contains requirements concerning the atmosphere in the workplace and the protection of workers against exposure to noise, but does not contain any provisions concerning occupational hazards due to vibration. The Committee therefore requests the Government to take the necessary steps to ensure that national legislation prescribe that measures shall be taken in the workplace to prevent occupational hazards due to vibration, to limit them and to protect workers against these hazards. It requests the Government to provide information on the measures taken in this regard.

Article 5(1). Consultations between the competent authority and the most representative organizations of employers and workers concerned. As regards the activities of the CTCSST, the Committee refers the Government to its comments made above in relation to Article 2(1) of Convention No. 187.

Article 8(2) and (3). Regular revision of criteria and exposure limits, and designation of technically competent persons. Further to its previous comments, the Committee notes sections 267 and 268 of Decree No. 2017-682/PRN/MET/PS, which establish the daily limit and the frequency of measurement for exposure to noise. Sections 253 and 255 of the same Decree also specify minimum values for the volume of air per person in both closed and underground premises. The Committee requests the Government to indicates the manner in which the competent authority has taken into account the opinion of technically competent persons designated by the most representative organizations of employers and workers concerned, in the elaboration of the criteria and the determination of exposure limits. The Committee also requests the Government to indicate the intervals at which revision occurs of the criteria for determining the hazards of exposure to air pollution, noise and vibration, and also the exposure limits.

Article 11(3) and (4). Provision of alternative employment or other measures to maintain income. The Committee previously requested the Government to specify the legislative or regulatory provisions relating to the provision of alternative employment for medical reasons and to the maintenance of income. The Committee notes Order No. 65/MME/DM establishing the rules for the prevention of the risk of silicosis on sites for mining research and operations, quarries and their outbuildings, with section 51 of the Order establishing the operator’s obligation to transfer workers showing early symptoms of silicosis to another sector which is free from dust, without any reduction in their pay. The Committee requests the Government to indicates the measures taken or envisaged to ensure that, where continued assignment to work involving exposure to noise or vibration is found to be medically inadvisable, every effort is made to provide the workers concerned with suitable alternative employment or to maintain their income through social security measures or otherwise.

Article 12. Notification to the competent authority. Noting the absence of provisions giving effect to this Article in Decree No. 2017-682/PRN/MET/PS, the Committee requests the Government to indicate the processes, substances, machinery and equipment involving exposure of workers to occupational hazards in the working environment due to air pollution, noise or vibration which must be notified to the competent authority. The Committee also once again requests the Government to indicate whether measures are being taken or envisaged to adopt the decrees provided for in section 140(2) of the Labour Code, which specifies, inter alia, that lists will be adopted of substances and preparations which are hazardous to workers and whose use is limited or regulated.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Previous comment on Convention No. 155: direct requestPrevious comment on Convention No. 161: direct request

In order to provide an overview of the issues relating to the application of the ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 155 (OSH) and 161 (occupational health services) in the same comment.

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

Articles 13 and 19(f) of the Convention. Protection of workers who have removed themselves from a situation presenting an imminent and serious danger. The Committee previously noted that the obligation in section 139 of the Labour Code to notify the employer of any work situation presenting a danger did not give full effect to Articles 13 and 19(f) of Convention No. 155. In this regard, the Committee notes the Government’s indication in its report that workers can inform the OSH committees, which in turn inform the labour inspectors, who refer the matter to a judge for an urgent application, if the employer asks the workers to resume work in a situation where there is continuing imminent and serious danger to life or health. However, the Committee notes an absence of information on the manner in which it is ensured that any workers who have removed themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health are protected from undue consequences, in accordance with Article 13 of Convention No. 155. The Committee therefore once again requests the Government to take the necessary measures to ensure that any workers who have removed themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health are protected from undue consequences, in accordance with Article 13 of Convention No. 155. Also noting that OSH committees are not established in all enterprises, the Committee also requests the Government to provide information on the manner in which it is ensured in practice that workers cannot be required to return to a work situation where there is continuing imminent and serious danger to life or health, until the employer has taken remedial action (Article 19(f)).

Occupational Health Services Convention, 1985 (No. 161)

Article 2 of the Convention. Formulation, implementation and periodic review, in consultation with the most representative organizations of employers and workers, of a coherent national policy on occupational health services. Further to its previous comments, the Committee notes the adoption of the national OSH policy on 30 June 2017, and observes that this policy contains information on occupational health services but not on any strategy devoted to these services. The Committee therefore requests the Government to take the necessary steps to formulate, implement and periodically review a coherent national policy on occupational health services, in consultation with the most representative organizations of employers and workers.

Article 3. Progressive development of occupational health services for all workers. The Committee previously asked the Government to indicate the extent to which workers benefit in practice from health services. It notes the Government’s reply that enterprise health services do not exist in sectors other than mining. In this regard, section 362 of Decree No. 2017-682/PRN/MET/PS issuing the regulatory part of the Labour Code establishes the possibility for establishments with fewer than 250 workers to adopt healthcare agreements, laying down obligations regarding visits, medical examinations, and urgent and first aid treatment, in medical centres and official dispensaries. However, the Government indicates that even though the healthcare agreement system is widespread, the services covered by these agreements are not occupational medical services. The Committee hopes that the Government will take the necessary steps to progressively develop occupational health services for all workers. It requests the Government to continue to provide information on the extent to which workers benefit in practice from health services in all sectors and on the steps taken to develop occupational health services for all workers.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Legislation. The Committee previously noted Act No. 2012-045 of 25 September 2012, issuing the Labour Code, which provides in section 148 that each employer shall provide an occupational health service for the workers employed. The Committee notes that the Government, in reply to its request to indicate in detail the relevant legislative provisions giving effect to the Articles of the Convention, provides general information in its report on the application of several Articles of the Convention. It also notes the indication that the regulations of the Labour Code, which will take into account the requirements of the Convention, are in the process of being adopted. The Committee therefore requests the Government to provide a copy of the relevant regulatory part of the Labour Code as soon as it is adopted. It also requests the Government to provide the following additional information.

Article 2 of the Convention. Formulation, implementation and periodic review, in consultation with the most representative organizations of employers and workers, of a coherent national policy on occupational health services. The Committee notes the Government’s indication that the national occupational safety and health (OSH) policy is currently being developed in collaboration with the social partners and the relevant technical services. The Committee requests the Government to provide information on any progress achieved in this respect and to provide a copy of the policy once it has been adopted.

Article 3. Progressive development of occupational health services for all workers. The Committee notes the Government’s indication that where an enterprise does not have the capacity in practice to provide the permanent services of a health practitioner, sections 381 et seq. of the regulations provide for the possibility for the enterprise to conclude a health care agreement with the health services. The Committee requests the Government to provide detailed information on the extent to which workers benefit in practice from health services in all sectors, all branches of activity and all enterprises. The Committee requests the Government to provide a copy of the relevant regulations.

Article 4. Consultation of the most representative organizations of employers and workers. The Committee requests the Government to describe the manner in which the most representative organizations of employers and workers were consulted on the measures taken to give effect to the provisions of the Convention.

Article 5. Functions of occupational health services. The Committee notes the Government’s indication that occupational health services are essentially responsible for the prevention of occupational hazards, an administrative function through the collection of data, and an advisory, information and awareness-raising function for the social partners. The Committee requests the Government to provide additional information on the manner in which the risks of the enterprise are taken into account in the determination of the functions of occupational health services and the extent to which the functions enumerated in clauses (a) to (f) of this Article are carried out.

Article 8. Participation of employers and workers in the implementation of the organization of occupational health services. The Committee notes that, under the terms of section 145 of the Labour Code, establishments or enterprises usually employing at least 50 workers shall establish an OSH committee composed of the employer, or his or her representatives, and representatives of the staff. Labour inspectors may call for the establishment of an OSH committee in establishments with a lower number of workers in certain circumstances (particularly by reason of the specific hazards of the activity, the significance of the risks identified, etc.). The Committee requests the Government to provide additional information on the measures taken to ensure that the employer, the workers and their representatives participate in the organization of occupational health services in enterprises or establishments with fewer than 50 workers.

Articles 9 and 11. Multi-disciplinary health services. Composition of health services. Collaboration with other services. Qualifications required for the personnel of health services. The Committee notes the Government’s indication that, in accordance with sections 354 et seq. of the regulations of the Labour Code, medical and paramedical personnel practicing in an enterprise and their numbers are dependent on the number of employed persons. The Committee requests the Government to provide additional information on the composition of the personnel of health services, and particularly on their multi-disciplinary nature and on the qualifications required for the personnel. It also requests the Government to provide information on the manner in which their collaboration is ensured with other enterprise services, as well as cooperation between occupational health services. The Committee requests the Government to provide a copy of the regulations concerned.

Article 10. Professional independence of the personnel providing occupational health services. The Committee notes the Government’s indication that in practice medical ethics prohibit the employer being informed of any information obtained through the medical examination of employed persons. The Committee requests the Government to provide additional information on the measures taken in law and practice to ensure the full professional independence of the personnel of health services in relation to all of the functions set out in Article 5.

Article 12. Surveillance of workers’ health without loss of earnings. The Committee requests the Government to provide information on the measures adopted to ensure that the surveillance of workers’ health in relation to their work does not involve any loss of earnings for them, and particularly that it is free of charge and takes place as far as possible during working hours.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Legislation. The Committee notes the adoption of Act No. 2012-45 of 25 September 2012 issuing the Labour Code. Referring to its previous comments, it also notes the Government’s indication that the legislative reform is progressing and that regulations pursuant to the Code will be adopted shortly. Once again expressing the hope that these regulations will give effect to a number of provisions of the Convention, the Committee requests the Government to provide information on any progress made with regard to the adoption thereof and to send a copy of this legislative text, once it has been adopted.

Articles 2 and 4 of the Convention. Prohibition of the sale, hire, transfer in any other manner and exhibition of machinery without appropriate guards. Formal designation of persons on whom the obligation rests to apply the prohibition. The Committee notes that section 140 of the new Labour Code provides for the adoption of decrees passed in the Council of Ministers establishing a list of machinery or the dangerous parts thereof, whose manufacture, sale, importation, transfer and use will be prohibited. It recalls in this respect that Article 2(3) and (4) of the Convention list in detail the dangerous parts that must be subject to prevention and protection measures and that Article 4 provides that the obligation to apply this prohibition shall rest on the vendor, the person letting out on hire or transferring the machinery in any other manner, the exhibitor or the manufacturer. Expressing the hope that full account will be taken of the requirements of Articles 2 and 4 of the Convention when the decrees provided for in section 140 of the Labour Code are drawn up, the Committee requests the Government to provide information on any progress made with respect to the adoption of these decrees and to send a copy of them, once they have been adopted. The Committee requests the Government in the meantime to indicate any other measures giving effect to the provisions of Articles 2 and 4 of the Convention.

Article 10. Information and instructions to be given to workers. The Committee notes that under the terms of section 137 of the Labour Code, workers must be informed in an appropriate manner of the occupational risks likely to arise in the workplace and be instructed with regard to the available means of prevention. It also notes the Government’s indication that such information and instructions are communicated in the form of safety regulations during training and awareness-raising sessions in the workplace. The Committee requests the Government to provide further information on the steps that must be taken by employers to inform the workers, as and where appropriate, regarding the dangers arising and the precautions to be observed in the use of machinery.

Article 11. Prohibition on using any machinery without the guards provided being in position and operative. The Committee notes that, according to section 139 of the Labour Code, workers have the obligation to use health and safety devices correctly and to refrain from removing or modifying them without the employer’s permission. The Committee observes that this section, in its current wording, appears to allow the employer to authorize the removal or modification of safety devices. The Committee recalls that, under the terms of Article 11 of the Convention, the use of machinery without the guards provided being in position (Article 11(1)) or with the guards made inoperative (Article 11(2)) shall be prohibited. The Committee requests the Government to provide information on the measures taken or envisaged, in law and in practice, to ensure that no worker uses machinery without the guards provided being in position and operative, and that employers are accordingly prohibited from authorizing safety devices to be removed or made inoperative, in accordance with Article 11 of the Convention.

Application in practice. The Committee notes the Government’s indication that the machinery used in Niger is generally second-hand, which is a constant source of danger. The Committee requests the Government to provide information on any measures taken or envisaged to identify and resolve specific safety issues relating to the use of second-hand machinery. It also requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice, including, for example, extracts from inspection reports and, where such statistics exist, details of the number of accidents recorded in relation to the Convention, the number and nature of infringements reported, etc.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Legislative developments. In its report, the Government indicates that as part of the revision of the Labour Code, the regulatory part, which is being adopted, will contain provisions aimed at giving effect to the requirements of the Convention, particularly Articles 4, 9, 11(1) and (2), 12 and 15, the application of which was referred to in the Committee’s previous comment. The Committee requests the Government to continue providing information on the progress made towards adopting the regulatory part of the Labour Code, particularly the provisions giving effect to Articles 4 (measures for the prevention of occupational hazards due to air pollution, noise and vibration); 9 (prevention of hazards related to air pollution, noise and vibration by technical measures); 11(1) and (2) (free medical examinations prior to and during employment); 12 (notification of the use of processes, substances, machinery and equipment to the competent authority); and 15 (obligation of the employer to appoint a competent person or use a competent service) of the Convention and to provide a copy of the text once it has been adopted.

Article 5(1) of the Convention. Consultations between the competent authority and the most representative organizations of employers and workers concerned. Further to its previous comment, the Committee notes the Government’s indication that 18 members of the Technical Advisory Committee on Occupational Safety and Health, the tripartite body responsible for examining occupational safety and health issues, were appointed under Order No. 2619/MET/SS of 23 December 2013. It further notes that the Committee meets at the request of its Chair and that, to date, it has been convened only once in order to examine the issue of revising schedules of occupational diseases and the framework document on the national occupational safety and health policy. Moreover, the Committee notes that the Government refers to Order No. 0365 of 16 March 2012 on the establishment, remit and composition of the National Coordinating Body of Occupational Safety and Health Committees, the mandate of which is to contribute to improving the protection of the working environment and working conditions. To this end, it contributes to the establishment of a common strategy for the prevention of occupational hazards and promotes research on occupational health and safety. The Government adds that the National Coordinating Body is assisted by regional branches. Lastly, the Government indicates in its report that the social partners provide state structures, such as the Occupational Health and Safety Directorate and the labour inspectorate, with considerable support. The Committee requests the Government to continue providing information on the activities of the Technical Advisory Committee on Occupational Safety and Health and, if possible, to send a copy of any opinions relating to measures to prevent occupational hazards due to air pollution, noise and vibration. It also requests the Government to provide further information on the composition of the National Coordinating Body of Occupational Safety and Health Committees, including a copy of Order No. 3065 of 16 March 2012, and its activities relating to the prevention of occupational hazards, particularly the establishment of a common prevention strategy.

Article 8(2) and (3). Regular revision of criteria and exposure limits and designation of technically competent persons. Further to its previous comment, the Committee notes that the Government reiterates that technically competent persons are designated by the Occupational Safety and Health Directorate, in collaboration with the prevention service of the National Social Security Fund. The Committee once again recalls that, under Article 8(2) of the Convention, the competent authority shall take into account the opinion of technically competent persons designated by the most representative organizations of employers and workers. Furthermore, the Committee notes the Government’s indication that the schedules of occupational diseases have recently been revised. The Committee requests the Government to take the necessary steps to ensure compliance with the requirements of Article 8(2). It also requests the Government to indicate the manner in which criteria for determining the hazards of exposure to air pollution, noise and vibration, as well as exposure limits, are established and revised regularly.

Article 11(3). Provision of alternative employment or other measures to ensure income maintenance. In response to the Committee’s previous comment, the Government indicates that, when a worker is exposed to an occupational hazard, the labour inspector or occupational physician recommends her or his reassignment so that the worker’s new occupational capacities are taken into account and her or his income is maintained. The Committee requests the Government to indicate the provisions of the laws or regulations on providing workers with alternative employment on medical grounds and on income maintenance.

Article 16. Measures of application and penalties. With reference to its previous comment in which it noted the absence of penalties for non-observance of the legislation on silicosis-related risks in mines and quarries, the Committee notes the Government’s indication that it has no information on the adoption of a decree to this effect and that it will be sent at a later date. The Committee requests the Government to provide information on any new developments in this regard and, if adopted, to provide a copy of the decree.

Application in practice. The Committee notes the concise information provided by the Government, indicating that the Convention is applied throughout the country, in all branches of activity. The Committee once again requests the Government to provide information and statistics on the manner in which the Convention is applied in practice, including the number of workers covered by the relevant legislation, the inspections carried out, the number and nature of the violations detected, and the number, nature and causes of the occupational accidents and cases of occupational diseases reported.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 2(1) of the Convention. Continuous improvement of occupational safety and health in consultation with the most representative organizations of employers and workers. The Committee notes that, in reply to its previous comments, the Government indicates that drafts have been prepared for a specific occupational safety and health (OSH) code, for a list of occupational hazards and for the creation of a higher council for the prevention of occupational risks and that the drafts will soon be submitted to the social partners in study groups and meetings of the Technical Advisory Committee on Occupational Safety and Health. The Committee requests the Government to continue to provide information on the progress made towards adopting the specific OSH code, in drawing up a list of occupational hazards and in creating a higher council for the prevention of occupational risks, together with information on any other measures taken to promote the continuous improvement of occupational safety and health and on the consultations held on these matters with the most representative organizations of employers and workers.

Article 3. National occupational safety and health policy. The Committee requests the Government to refer to its comments under Articles 4, 5, 6, 7 and 15 of the Occupational Safety and Health Convention, 1981 (No. 155).

Article 4(3). National tripartite advisory bodies. Components of the national occupational safety and health system. Further to its previous comments in which it noted the creation of a Technical Advisory Committee on Occupational Safety and Health, the Committee notes that, according to the information supplied by the Government under the Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148), another coordination body has been established, namely the National Coordination of Occupational Safety and Health Committees, the aim of which is to contribute to improving the protection of the working environment and working conditions and to promoting research in the field of OSH. The Committee observes that the Government has provided no information on measures taken to give effect, if applicable, to Article 4(3)(c),(f),(g) and (h). The Committee requests the Government to provide detailed information on the composition, role and functioning of the National Coordination of Occupational Safety and Health Committees and on any opinions, proposals or recommendations it has issued. It also requests the Government to provide a copy of Order No. 0365 of 16 March 2012 establishing this Coordination. In addition, the Committee requests the Government to: provide information on any measures taken or envisaged in order, if applicable, to develop an OSH training supply; set up a mechanism for the collection and analysis of data on occupational accidents and diseases; set up collaboration with insurance or social security schemes; create mechanisms for support to micro-enterprises, small and medium-sized enterprises and the informal economy with a view to the progressive improvement of occupational safety and health conditions, in accordance with Article 4(3)(c),(f),(g) and (h).

Article 5. National occupational safety and health programme. The Committee notes that in its report the Government indicates that there is at present no national OSH programme and that the measures taken in this area are far from coordinated. It adds that the major challenge facing Niger is to acquire OSH work tools and specialists in order to foster a genuine culture around the evaluation of measures and actions undertaken in this field. The Committee hopes that the Government will make all necessary efforts to develop work tools and train specialists in the area of OSH with a view to devising and implementing a national OSH programme, and requests it to continue to provide information on progress made in this regard.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee welcomes the Government’s ratification, on 14 May 2015, of the Protocol of 2002 to the Occupational Safety and Health Convention, 1981.

The Committee notes the information provided by the Government in reply to its previous comments on Article 14 of the Convention concerning the inclusion of occupational safety and health issues in education and training programmes.

Legislative developments. The Committee notes that, according to the information in the report submitted by the Government under the Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148), the regulatory part of the Labour Code (the legislative part having been promulgated in 2012) is in the process of enactment. The Committee requests the Government to provide a copy of the regulatory part of the new Labour Code as soon as it has been adopted.

Articles 4, 5, 6, 7 and 15 of the Convention. Principles of national occupational safety and health policy. The Committee notes the indication in the Government’s report that a process for the framing and adoption of a national occupational safety and health policy has been launched, and that in the course of this process a draft document was endorsed at a workshop, in collaboration with the social partners, and submitted to the Technical Advisory Council on Health in 2014. The Committee also notes that in its report submitted under Convention No. 148, the Government refers to the National Coordination of Occupational Safety and Health Committees, the purpose of which is to contribute to the establishment of a common strategy for occupational risk prevention. The Committee hopes that the Government will take all necessary steps to ensure that the national occupational safety and health policy that is currently being developed will include the main spheres of action listed at Article 5, that it will take account of the situation regarding workers’ occupational safety and health and the working environment, which, according to Article 7, is to be reviewed at appropriate intervals, and that it will indicate the respective functions and responsibilities of public authorities, employers, workers and others involved in the safety and health of workers (Article 6) while ensuring the necessary coordination between various authorities and bodies called upon to give effect to the policy (Article 15). It requests the Government to continue to provide information on progress made in this regard, and particularly on the consultations held with the most representative organizations of employers and workers, and to send a copy of the national policy as soon as it has been adopted. It also requests the Government to provide detailed information on the measures taken to establish a common strategy for occupational risk prevention.

Article 11(a)–(f). Obligation of the competent authorities to progressively ensure certain functions. The Committee notes the information supplied by the Government on the procedure for reporting occupational accidents and cases of disease. It nonetheless observes that the Government’s report contains no information on the production of annual statistics on occupational accidents and diseases (Article 11(c)) or on the application of the other subparagraphs of this Article. Consequently, the Committee requests the Government to indicate the measures taken or envisaged to ensure that the competent authorities progressively carry out the functions set out in Article 11(a)–(f).

Article 12. Obligations on persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee notes that, according to section 140 of the Labour Code, decrees must be adopted to determine the lists of substances or preparations that entail dangers for workers the use of which are limited or regulated and the lists of machinery or hazardous parts of machinery the manufacture, sale, import, transfer and use of which are prohibited. It also notes that, according to the Government, the Occupational Safety and Health Directorate, in collaboration with the social partners, has the assistance of a technical committee for the approval of substances, machinery and equipment. The Committee requests the Government to provide copies of the decrees provided for in section 140 of the Labour Code, indicating the specific obligations that have to be met by those who design, manufacture, import, provide or transfer the machinery or substances. It also asks the Government to provide information on the role and functioning of the technical approval committee.

Article 13 and 19(f). Protection of workers who have removed themselves from a work situation presenting an imminent and serious danger. The Committee notes that, according to section 139 of the Labour Code, employees must immediately notify to the employer any work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health, and any defect they note in systems of protection. The Committee observes that this provision does not expressly prohibit the employer from asking workers to return to a work situation where there is a continuing imminent and serious danger to life or health, nor does it protect workers against any undue consequences resulting from the exercise of their right to remove themselves from danger. The Committee requests the Government to take all necessary measures to ensure that any workers who remove themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to life or health are protected against undue consequences, and that employers may not ask workers to return to a work situation where there is continuing imminent and serious danger to life or health. Please provide information on these measures.

Article 19(b)–(e). Rights of representatives of workers in the field of occupational safety and health. The Committee notes that the representation of staff in occupational safety and health matters is ensured through staff delegates in establishments or enterprises with more than ten employees (section 218 of the Labour Code), and without prejudice to the duties of these representatives, by occupational safety and health committees in establishments or enterprises with 50 or more employees (sections 146 and 147 of the Labour Code and Decree No. 96-408/PRN/MFPT/E of 4 November 1996 on procedures for the establishment, organization and functioning of occupational safety and health committees). The Committee requests the Government to indicate the measures taken to give effect to Article 19(b)–(e) in establishments or enterprises of ten or fewer employees.

Article 21. No expenditure by workers for occupational safety and health measures. Noting the information supplied by the Government that the employer bears the operational costs of occupational safety and health committees, the Committee requests the Government to indicate the legislative or other provisions ensuring that occupational safety and health measures involve no expenditure for workers.

Application in practice. The Committee notes the statistical information sent by the Government in its reports under this Convention and the Occupational Health Services Convention, 1985 (No. 161). It notes in particular that in the course of 2013, 252,012 workers were registered with the National Social Security Fund and that 2,415 breaches of the labour legislation were reported, 2,404 of which were sanctioned with formal notices. The Committee further notes that in the same year, 244 occupational and commuting accidents were reported, 15 of which were fatal. The Committee requests the Government to continue to provide information on the application of the Convention in practice, and particularly on the total number of workers covered by the legislation, the number and nature of the infringements reported by the inspection services and the number, nature and causes of the occupational accidents and cases of disease reported.

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

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 comments.

Repetition

With reference to the information given in the Government’s previous report, the Committee notes that its comments appears to have been taken into account in the preparation of the draft Decree issuing regulations under the Labour Code. The Committee hopes that these regulations will be adopted in the near future and that their adoption will provide a basis for giving effect to the following Articles of the Convention: Articles 2 and 4 (prohibition of the sale, hire, transfer in any other manner and exhibition of machinery without appropriate guards; formal designation of the persons upon whom the obligation to ensure the application of this prohibition rests), Article 10 (information and instructions to be given to workers) and Article 11 (prohibition upon using any machinery without the guards provided being in position or made inoperative). The Committee hopes that the Government will indicate the progress achieved in this respect in its next report.

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

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 comments.

Repetition

Articles 3 and 4 of the Convention. Legislation and protection of workers exposed to occupational hazards in the working environment due to air pollution, noise and vibration. The Committee notes the adoption of Act No. 2012-45 issuing the Labour Code. It notes that, under section 140 of the Labour Code, decrees shall be issued by the Council of Ministers after obtaining the opinion of the Advisory Technical Committee on Occupational Safety and Health with a view to determining general measures of protection and hygiene, particularly with regard to airing, ventilation, the evacuation of dust and vapours, noise and vibration. With reference to its previous comments, the Committee notes that, with the exception of risks relating to silicosis in mines and quarries, occupational risks related to air pollution, noise and vibration are not covered by any specific provisions. The Committee further notes the Government’s indication that it has accepted the obligations of the Convention for all categories of risks (air pollution, noise and vibration). The Committee requests the Government to indicate whether the decrees envisaged in section 140 of the Labour Code have been adopted and, if so, to provide copies, and to supply information on any other measures adopted or envisaged by the Government to give full effect to Article 4 of the Convention.

Article 5(1). Consultations between the competent authority and the most representative organizations of employers and workers. The Committee notes that, under the terms of section 140 of the Labour Code, the decrees respecting prevention measures for occupational risks shall be adopted after obtaining the opinion of the Technical Advisory Committee on Occupational Safety and Health, the composition and functioning of which shall be determined by decree, in accordance with section 261 of the Labour Code. According to the information provided by the Government in its report, the Committee understands that the Ministry of Labour holds annual consultations with employers’ and workers’ organizations in the context of the Technical Advisory Committee. The Committee requests the Government to provide more detailed information on the composition, method of appointment and operation of the Technical Advisory Committee on Occupational Safety and Health, to indicate whether the decree envisaged in section 261 of the Labour Code has been adopted and, if so, to provide a copy. The Government is also requested to provide information on the consultations held in the Technical Advisory Committee on Occupational Safety and Health, and the action taken as a result of these consultations.

Article 7(2). Right of workers and their representatives to present proposals, obtain information and appeal to appropriate bodies. The Committee notes that, under the terms of section 218 of the Labour Code, staff delegates may propose any relevant measures concerning hygiene, health and safety requirements and address any complaint or claim concerning the application of these requirements to the labour inspectorate, and that section 219 of the Labour Code authorizes workers to submit their claims and suggestions to the employer themselves. While noting the general provisions contained in the Labour Code, the Committee requests the Government to provide information on any specific provisions giving effect in law and practice to Article 7(2) of the Convention respecting protection against occupational risks due to air pollution, noise and vibration in the working environment.

Article 8(2) and (3). Regular revision of exposure criteria and limits and designation of technically competent persons. The Committee notes the Government’s indication that technically competent persons, whose opinions are to be taken into account by the competent authority in the elaboration of the criteria and the determination of exposure limits, are designated by the Occupational Safety and Health Directorate, in collaboration with the prevention services of the National Social Security Fund. In this regard, the Committee wishes to remind the Government that, under the terms of Article 8(2) of the Convention, technically competent persons shall be designated by the most representative organizations of employers and workers concerned. The Committee also notes Order No. 65/MME/DM of 26 August 1999 establishing rules for the prevention of risks of silicosis in workplaces engaged in mining exploration and exploitation, quarries and their subsidiaries and, particularly, sections 28 to 32 defining criteria for the definition of exposure risks to dust and establishing methods of calculating exposure limits. The Committee requests the Government to take the necessary measures in law and practice to ensure that the competent persons involved in the procedure for the elaboration of the criteria and the determination of the exposure limits are designated by the most representative organizations of employers and workers. Further noting that the criteria and exposure limits relating to risks of silicosis were adopted over ten years ago, the Committee requests the Government to provide information on the manner in which these criteria and exposure limits are supplemented and revised regularly in the light of current national and international knowledge and data, in accordance with the requirements of Article 8(3) of the Convention. Finally, the Committee requests the Government to provide information on any other measures adopted or envisaged to give full effect in law and practice to Article 8 of the Convention, particularly in relation to noise and vibration.

Article 9. Prevention of air pollution, noise and vibration by technical measures applied to new plant or processes in design or installation, or added to existing plant or processes. The Committee notes the Government’s indication that the employer is required to organize the workplace so as to ensure the safety of the workers, particularly when using techniques and new procedures. It also notes the provisions of Order No. 65/MME/DM of 26 August 1999, referred to above, respecting measures to reduce and capture dust (sections 16 to 24) and measures for the ventilation of worksites (sections 25 and 26). The Committee would be grateful if the Government would provide information on the provisions giving effect to Article 9 of the Convention in relation to risks due to noise and vibration. It also requests the Government to provide additional information on any supplementary organizational measures which may be required (Article 9(b)).

Article 11. Pre-assignment and periodical medical examinations free of charge. The Committee notes that, under the terms of section 148 of the Labour Code, decrees issued by the Council of Ministers, after obtaining the opinion of the Technical Advisory Committee on Occupational Safety and Health, shall determine the conditions under which periodical medical examinations are carried out. It also notes the specific provisions respecting the medical supervision of workers exposed to risks of silicosis in mines and quarries. The Committee requests the Government to provide further information on the specific provisions respecting the medical supervision of the state of health of workers exposed to or liable to be exposed to occupational risks due to air pollution, noise and vibration. The Government is also requested to indicate the measures taken to transfer to suitable alternative employment any worker whose continued assignment to work involving such exposure is found to be medically inadvisable, or to maintain the worker’s income.

Article 12. Use of processes, substances, machinery and equipment that is to be notified to the competent authority. The Committee notes that, according to the Government’s report, labour inspectors have to be provided with the plan of the plant and the list of the chemicals that will be used before the establishment of any enterprise. It also notes that, under the terms of section 140(2) of the Labour Code, decrees issued by the Council of Ministers, after obtaining the opinion of the Technical Advisory Committee on Occupational Safety and Health, shall determine lists of substances and preparations that are hazardous for workers, the use of which shall be limited or regulated, and lists of machines or the hazardous parts thereof, of which the manufacture, sale, import, hiring or use shall be prohibited. Finally, the Committee notes that, under section 8 of Order No. 65/MME/DM, referred to above, plant shall be subject to the prior approval of the mine administration. The Committee requests the Government to provide additional information on the specific provisions which give effect in law and practice to Article 12 of the Convention. In particular, it requests the Government to indicate whether the decrees envisaged under section 140(2) of the Labour Code have been adopted and, if so, to provide copies.

Article 15. Requirement for the employer to appoint a competent person, or to use a competent service. The Committee notes that, according to the Government’s report, the procedures under which employers are required to appoint a competent person or to use a competent outside service to deal with matters pertaining to the prevention and control of air pollution, noise and vibration at the workplace are set out in the national legislation. The Committee also notes the provisions respecting the appointment of a competent person by employers in the mines and quarries sector (section 8 of Order No. 65/MME/DM). The Committee requests the Government to provide information on any other specific provision giving effect to this Article of the Convention, particularly in relation to occupational risks due to noise and vibration.

Article 16. Enforcement measures and penalties. The Committee notes that, under the terms of section 349 of the Labour Code, employers that are in breach of provisions respecting occupational hygiene, safety and health (sections 137 to 140 of the Labour Code) shall be liable to a fine of between 200,000 and 500,000 CFA francs. It also notes that, in the mining and quarrying sector, failure to comply with rules respecting prevention, the limitation of the risk of silicosis and the protection of workers who are exposed shall be punished in accordance with section 134 of Ordinance No. 93-16 of 2 March 1993 issuing the Mining Act. Noting that this section does not establish any penalties, but refers to the adoption of a decree for this purpose, the Committee requests the Government to indicate whether such a decree has been adopted and, if so, to provide a copy.

Part V of the report form. Application of the Convention in practice. The Committee notes that the Government’s report does not contain any information on the application of the Convention in practice. The Committee therefore requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice, including statistics on the number of workers covered by the relevant legislation, if possible disaggregated by gender, and on the number and nature of the contraventions reported.

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

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 comments.

Repetition

Legislation. The Committee notes Act No. 2012-045 of 25 September 2012 issuing the Labour Code. It notes that the new Labour Code establishes the principle of prevention and, inter alia, cooperation between employers and workers, training, reporting of accidents and occupational diseases, thereby giving effect to several Articles of the Convention. The Committee draws the Government’s attention to the fact that, in order to enable an evaluation of the effect given to the Convention by this legislation, the report should also indicate in detail the provisions of the relevant legislation that give effect to the corresponding Articles of the Convention. The Committee therefore requests the Government to provide detailed information on the particular provisions of the Labour Code and of any relevant legislation which gives effect to the Articles of the Convention.

Article 4 of the Convention. Formulation, implementation and periodic review of a national occupational safety and health policy in consultation with the most representative employers’ and workers’ organizations. The Committee notes the information provided by the Government to the effect that, to implement and periodically review the national occupational safety and health (OSH) policy, an OSH technical advisory committee has been set up. It also notes the information supplied in the Government’s report relating to the application of the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), according to which the framework document for the national OSH policy and the related plan of action are being drawn up. In the present report the Government also indicates that the OSH policy takes account of the major spheres of action listed in Article 5 of the Convention. The Committee requests the Government to supply information on any new developments regarding the national policy and to send a copy of it, once it has been adopted. It also requests the Government to provide information on the consultations held with the most representative employers’ and workers’ organizations regarding the national policy and the results of these consultations.

Part V of the report form. Application in practice. The Committee notes that the Government has not supplied the information requested in its previous comment on the application of the Convention in practice. The Committee again requests the Government to provide a general evaluation of the manner in which the Convention is applied in the country, including extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the legislation, the number and nature of infringements reported, and the number, nature and cause of accidents reported.

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

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 comments.

Repetition

Legislation. The Committee notes that Act No. 2012-045 of 25 September 2012 issuing the Labour Code provides in section 148 that each employer shall provide an occupational health service for the workers employed. Decrees issued by the Council of Ministers, after obtaining the opinion of the Technical Advisory Committee on Occupational Safety and Health (OSH), shall determine the procedures for the implementation of this requirement. It also notes that section 145 of the Labour Code provides that in establishments or enterprises usually employing under 50 employees, an OSH committee shall be established composed of the employer or her or his representatives and of staff representatives. The employer is required to submit for opinion to the OSH committee a general assessment of the risks to which the workers are exposed and a prevention programme. The Government also emphasizes that the new Labour Code is central in relation to OSH and that it considers stress, alcoholism, HIV/AIDS, drug addiction and tobacco addiction as emerging risks relating to health in the world of work. The Committee requests the Government to provide copies of the decrees issued under section 148 of the Labour Code and of any regulations giving effect to the Convention once adopted. In light of the legislative changes, and particularly the new Labour Code, the Committee draws the Government’s attention to the fact that, as a basis for an assessment of the effect given to the Convention by this legislation, its report should also indicate in detail the provisions of the respective legislation which give effect to the Articles of the Convention. The Committee therefore requests the Government to provide indications on the legislative provisions that give effect to the provisions of the Convention, and particularly to each of the subparagraphs of Article 5 of the Convention.

Part VI of the report form. Application in practice. The Committee once again requests the Government to provide a general appreciation of the manner in which the Convention is applied in the country, including extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the legislation, the number and nature of the contraventions reported, and the number, nature and cause of the accidents reported.

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

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 comments.

Repetition

The Committee notes the Government’s brief report. It notes that Act No. 2012-045 of 25 September 2012 on the Labour Code establishes, under section 261, an Occupational Safety and Health (OSH) Advisory Committee under the Ministry of Labour to examine issues concerned with workers’ safety and health, and that a decree will establish the composition and functioning of this Committee. This Committee is a tripartite body made up of 24 members: eight workers’ representatives, eight employers’ representatives and eight representatives of the State and public establishments. It also notes that the Government refers, in its report, to the existence of a national social security fund and states that other projects are under way, that is: the national OSH framework document and its plan of action; the specific OSH code; the listing of occupational hazards; and the setting up of a higher council for the prevention of occupational hazards. The Committee nevertheless considers that the brief information provided does not enable it to fully assess the application of the Convention. The Committee requests the Government to provide detailed information on the progress made in carrying out the abovementioned projects and to send a copy of the relevant documentation. Finally, the Committee requests the Government to provide information on each paragraph and subparagraph of Article 5 of the Convention.

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

Articles 3 and 4 of the Convention. Legislation and protection of workers exposed to occupational hazards in the working environment due to air pollution, noise and vibration. The Committee notes the adoption of Act No. 2012-45 issuing the Labour Code. It notes that, under section 140 of the Labour Code, decrees shall be issued by the Council of Ministers after obtaining the opinion of the Advisory Technical Committee on Occupational Safety and Health with a view to determining general measures of protection and hygiene, particularly with regard to airing, ventilation, the evacuation of dust and vapours, noise and vibration. With reference to its previous comments, the Committee notes that, with the exception of risks relating to silicosis in mines and quarries, occupational risks related to air pollution, noise and vibration are not covered by any specific provisions. The Committee further notes the Government’s indication that it has accepted the obligations of the Convention for all categories of risks (air pollution, noise and vibration). The Committee requests the Government to indicate whether the decrees envisaged in section 140 of the Labour Code have been adopted and, if so, to provide copies, and to supply information on any other measures adopted or envisaged by the Government to give full effect to Article 4 of the Convention.

Article 5(1). Consultations between the competent authority and the most representative organizations of employers and workers. The Committee notes that, under the terms of section 140 of the Labour Code, the decrees respecting prevention measures for occupational risks shall be adopted after obtaining the opinion of the Technical Advisory Committee on Occupational Safety and Health, the composition and functioning of which shall be determined by decree, in accordance with section 261 of the Labour Code. According to the information provided by the Government in its report, the Committee understands that the Ministry of Labour holds annual consultations with employers’ and workers’ organizations in the context of the Technical Advisory Committee. The Committee requests the Government to provide more detailed information on the composition, method of appointment and operation of the Technical Advisory Committee on Occupational Safety and Health, to indicate whether the decree envisaged in section 261 of the Labour Code has been adopted and, if so, to provide a copy. The Government is also requested to provide information on the consultations held in the Technical Advisory Committee on Occupational Safety and Health, and the action taken as a result of these consultations.

Article 7(2). Right of workers and their representatives to present proposals, obtain information and appeal to appropriate bodies. The Committee notes that, under the terms of section 218 of the Labour Code, staff delegates may propose any relevant measures concerning hygiene, health and safety requirements and address any complaint or claim concerning the application of these requirements to the labour inspectorate, and that section 219 of the Labour Code authorizes workers to submit their claims and suggestions to the employer themselves. While noting the general provisions contained in the Labour Code, the Committee requests the Government to provide information on any specific provisions giving effect in law and practice to Article 7(2) of the Convention respecting protection against occupational risks due to air pollution, noise and vibration in the working environment.

Article 8(2) and (3). Regular revision of exposure criteria and limits and designation of technically competent persons. The Committee notes the Government’s indication that technically competent persons, whose opinions are to be taken into account by the competent authority in the elaboration of the criteria and the determination of exposure limits, are designated by the Occupational Safety and Health Directorate, in collaboration with the prevention services of the National Social Security Fund. In this regard, the Committee wishes to remind the Government that, under the terms of Article 8(2) of the Convention, technically competent persons shall be designated by the most representative organizations of employers and workers concerned. The Committee also notes Order No. 65/MME/DM of 26 August 1999 establishing rules for the prevention of risks of silicosis in workplaces engaged in mining exploration and exploitation, quarries and their subsidiaries and, particularly, sections 28 to 32 defining criteria for the definition of exposure risks to dust and establishing methods of calculating exposure limits. The Committee requests the Government to take the necessary measures in law and practice to ensure that the competent persons involved in the procedure for the elaboration of the criteria and the determination of the exposure limits are designated by the most representative organizations of employers and workers. Further noting that the criteria and exposure limits relating to risks of silicosis were adopted over ten years ago, the Committee requests the Government to provide information on the manner in which these criteria and exposure limits are supplemented and revised regularly in the light of current national and international knowledge and data, in accordance with the requirements of Article 8(3) of the Convention. Finally, the Committee requests the Government to provide information on any other measures adopted or envisaged to give full effect in law and practice to Article 8 of the Convention, particularly in relation to noise and vibration.

Article 9. Prevention of air pollution, noise and vibration by technical measures applied to new plant or processes in design or installation, or added to existing plant or processes. The Committee notes the Government’s indication that the employer is required to organize the workplace so as to ensure the safety of the workers, particularly when using techniques and new procedures. It also notes the provisions of Order No. 65/MME/DM of 26 August 1999, referred to above, respecting measures to reduce and capture dust (sections 16 to 24) and measures for the ventilation of worksites (sections 25 and 26). The Committee would be grateful if the Government would provide information on the provisions giving effect to Article 9 of the Convention in relation to risks due to noise and vibration. It also requests the Government to provide additional information on any supplementary organizational measures which may be required (Article 9(b)).

Article 11. Pre-assignment and periodical medical examinations free of charge. The Committee notes that, under the terms of section 148 of the Labour Code, decrees issued by the Council of Ministers, after obtaining the opinion of the Technical Advisory Committee on Occupational Safety and Health, shall determine the conditions under which periodical medical examinations are carried out. It also notes the specific provisions respecting the medical supervision of workers exposed to risks of silicosis in mines and quarries. The Committee requests the Government to provide further information on the specific provisions respecting the medical supervision of the state of health of workers exposed to or liable to be exposed to occupational risks due to air pollution, noise and vibration. The Government is also requested to indicate the measures taken to transfer to suitable alternative employment any worker whose continued assignment to work involving such exposure is found to be medically inadvisable, or to maintain the worker’s income.

Article 12. Use of processes, substances, machinery and equipment that is to be notified to the competent authority. The Committee notes that, according to the Government’s report, labour inspectors have to be provided with the plan of the plant and the list of the chemicals that will be used before the establishment of any enterprise. It also notes that, under the terms of section 140(2) of the Labour Code, decrees issued by the Council of Ministers, after obtaining the opinion of the Technical Advisory Committee on Occupational Safety and Health, shall determine lists of substances and preparations that are hazardous for workers, the use of which shall be limited or regulated, and lists of machines or the hazardous parts thereof, of which the manufacture, sale, import, hiring or use shall be prohibited. Finally, the Committee notes that, under section 8 of Order No. 65/MME/DM, referred to above, plant shall be subject to the prior approval of the mine administration. The Committee requests the Government to provide additional information on the specific provisions which give effect in law and practice to Article 12 of the Convention. In particular, it requests the Government to indicate whether the decrees envisaged under section 140(2) of the Labour Code have been adopted and, if so, to provide copies.

Article 15. Requirement for the employer to appoint a competent person, or to use a competent service. The Committee notes that, according to the Government’s report, the procedures under which employers are required to appoint a competent person or to use a competent outside service to deal with matters pertaining to the prevention and control of air pollution, noise and vibration at the workplace are set out in the national legislation. The Committee also notes the provisions respecting the appointment of a competent person by employers in the mines and quarries sector (section 8 of Order No. 65/MME/DM). The Committee requests the Government to provide information on any other specific provision giving effect to this Article of the Convention, particularly in relation to occupational risks due to noise and vibration.

Article 16. Enforcement measures and penalties. The Committee notes that, under the terms of section 349 of the Labour Code, employers that are in breach of provisions respecting occupational hygiene, safety and health (sections 137 to 140 of the Labour Code) shall be liable to a fine of between 200,000 and 500,000 CFA francs. It also notes that, in the mining and quarrying sector, failure to comply with rules respecting prevention, the limitation of the risk of silicosis and the protection of workers who are exposed shall be punished in accordance with section 134 of Ordinance No. 93-16 of 2 March 1993 issuing the Mining Act. Noting that this section does not establish any penalties, but refers to the adoption of a decree for this purpose, the Committee requests the Government to indicate whether such a decree has been adopted and, if so, to provide a copy.

Part V of the report form. Application of the Convention in practice. The Committee notes that the Government’s report does not contain any information on the application of the Convention in practice. The Committee therefore requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice, including statistics on the number of workers covered by the relevant legislation, if possible disaggregated by gender, and on the number and nature of the contraventions reported.

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

The Committee notes the Government’s brief report. It notes with interest that Act No. 2012-045 of 25 September 2012 on the Labour Code establishes, under section 261, an Occupational Safety and Health (OSH) Advisory Committee under the Ministry of Labour to examine issues concerned with workers’ safety and health, and that a decree will establish the composition and functioning of this Committee. This Committee is a tripartite body made up of 24 members: eight workers’ representatives, eight employers’ representatives and eight representatives of the State and public establishments. It also notes that the Government refers, in its report, to the existence of a national social security fund and states that other projects are under way, that is: the national OSH framework document and its plan of action; the specific OSH code; the listing of occupational hazards; and the setting up of a higher council for the prevention of occupational hazards. The Committee nevertheless considers that the brief information provided does not enable it to fully assess the application of the Convention. The Committee requests the Government to provide detailed information on the progress made in carrying out the abovementioned projects and to send a copy of the relevant documentation. Finally, the Committee requests the Government to provide information on each paragraph and subparagraph of Article 5 of the Convention.

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

Legislation. The Committee notes Act No. 2012-045 of 25 September 2012 issuing the Labour Code. It notes with interest that the new Labour Code establishes the principle of prevention and, inter alia, cooperation between employers and workers, training, reporting of accidents and occupational diseases, thereby giving effect to several Articles of the Convention. The Committee draws the Government’s attention to the fact that, in order to enable an evaluation of the effect given to the Convention by this legislation, the report should also indicate in detail the provisions of the relevant legislation that give effect to the corresponding Articles of the Convention. The Committee therefore requests the Government to provide detailed information on the particular provisions of the Labour Code and of any relevant legislation which gives effect to the Articles of the Convention.

Article 4 of the Convention. Formulation, implementation and periodic review of a national occupational safety and health policy in consultation with the most representative employers’ and workers’ organizations. The Committee notes the information provided by the Government to the effect that, to implement and periodically review the national occupational safety and health (OSH) policy, an OSH technical advisory committee has been set up. It also notes the information supplied in the Government’s report relating to the application of the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), according to which the framework document for the national OSH policy and the related plan of action are being drawn up. In the present report the Government also indicates that the OSH policy takes account of the major spheres of action listed in Article 5 of the Convention. The Committee requests the Government to supply information on any new developments regarding the national policy and to send a copy of it, once it has been adopted. It also requests the Government to provide information on the consultations held with the most representative employers’ and workers’ organizations regarding the national policy and the results of these consultations.

Part V of the report form. Application in practice. The Committee notes that the Government has not supplied the information requested in its previous comment on the application of the Convention in practice. The Committee again requests the Government to provide a general evaluation of the manner in which the Convention is applied in the country, including extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the legislation, the number and nature of infringements reported, and the number, nature and cause of accidents reported.

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

Legislation. The Committee notes with interest that Act No. 2012-045 of 25 September 2012 issuing the Labour Code provides in section 148 that each employer shall provide an occupational health service for the workers employed. Decrees issued by the Council of Ministers, after obtaining the opinion of the Technical Advisory Committee on Occupational Safety and Health (OSH), shall determine the procedures for the implementation of this requirement. It also notes that section 145 of the Labour Code provides that in establishments or enterprises usually employing under 50 employees, an OSH committee shall be established composed of the employer or her or his representatives and of staff representatives. The employer is required to submit for opinion to the OSH committee a general assessment of the risks to which the workers are exposed and a prevention programme. The Government also emphasizes that the new Labour Code is central in relation to OSH and that it considers stress, alcoholism, HIV/AIDS, drug addiction and tobacco addiction as emerging risks relating to health in the world of work. The Committee requests the Government to provide copies of the decrees issued under section 148 of the Labour Code and of any regulations giving effect to the Convention once adopted. In light of the legislative changes, and particularly the new Labour Code, the Committee draws the Government’s attention to the fact that, as a basis for an assessment of the effect given to the Convention by this legislation, its report should also indicate in detail the provisions of the respective legislation which give effect to the Articles of the Convention. The Committee therefore requests the Government to provide indications on the legislative provisions that give effect to the provisions of the Convention, and particularly to each of the subparagraphs of Article 5 of the Convention.

Part VI of the report form. Application in practice. The Committee once again requests the Government to provide a general appreciation of the manner in which the Convention is applied in the country, including extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the legislation, the number and nature of the contraventions reported, and the number, nature and cause of the accidents reported.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

The Committee notes the Government’s most recent report which is essentially a repetition of information previously transmitted, and which indicates that national legislation does not contain any specific provisions regarding air pollution, noise and vibration, and that no progress appears to have been made as to the draft legislation which is reportedly under development in order to give effect to the Convention. With reference to the fact that a significant period of time has passed since the Government ratified this Convention and undertook to implement it in the country, and that no progress appears to have been made in this direction, the Committee yet again urges the Government to take the necessary measures, and to submit any relevant legislation to the Committee to enable it to examine the effect given to the Convention in the country.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

The Committee notes the brief information provided regarding the application of Articles 14 and 19(f) of the Convention including references made to a series of laws and regulations which were not attached to the report and that, following a technical assistance mission to Niger in 2010 after the ratification of, inter alia, this Convention, it was agreed to develop a National Policy on Occupational Safety and Health (OSH) and a new comprehensive OSH law; and to set up a National OSH Institute and a National Council for the Prevention of Occupational Hazards. The Committee welcomes the efforts to improve the application of the Convention, and hopes that the Government will soon be able to report on progress in this respect. To enable a full evaluation of the application of the Convention in the country, the Committee requests the Government to transmit copies of all relevant legislation, existing as well as newly adopted texts, as well as other documents adopted to ensure a full application of the Convention with its next report.

Part V of the report form. Application in practice. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in the country, and attach extracts from inspection reports, and, where such statistics exist, information on the number of workers covered by the legislation, the number and nature of the contraventions reported, the number, nature and cause of accidents reported.

[The Government is asked to reply in detail to the present comments in 2013.]

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

The Committee notes the brief information provided by the Government in its first report regarding Articles 2, 3, 11, 13 and 16 of the Convention including references made to a series of laws and regulations were not attached to the report. The Committee also notes the information that following a technical assistance mission to Niger in 2010 after the ratification of, inter alia this Convention, it was agreed to develop a National Policy on Occupational Safety and Health (OSH) and a new comprehensive OSH law; and to set up a National OSH Institute and a National Council for the Prevention of Occupational Hazards. The Committee welcomes the efforts to improve the application of the Convention, and hopes that the Government will soon be able to report on progress in this respect. To enable a full evaluation of the application of the Convention in the country, the Committee requests the Government to transmit copies of all relevant legislation, existing as well as newly adopted texts, as well as other documents adopted to ensure a full application of the Convention with its next report.

Part VI of the report form. Application in practice. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in the country, and attach extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the legislation, the number and nature of the contraventions reported, etc.

[The Government is asked to reply in detail to the present comments in 2013.]

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

The Committee notes the information provided by the Government in its first report including references made to a series of laws and regulations were not attached to the report. The Committee notes the brief information provided including that, following a technical assistance mission to Niger in 2010 after the ratification of, inter alia, this Convention, it was agreed to develop a National Policy on Occupational Safety and Health (OSH) and a new comprehensive OSH law; and to set up a National OSH Institute and a National Council for the Prevention of Occupational Hazards. The Committee welcomes the efforts to improve the application of the Convention, and hopes that the Government will soon be able to report on progress in this respect. To enable a full evaluation of the application of the Convention in the country, the Committee requests the Government to transmit copies of all relevant legislation, existing as well as newly adopted texts, as well as other documents adopted to ensure a full application of the Convention with its next report.

Part VI of the report form. Application in practice. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in the country, and attach extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the legislation, the number and nature of the contraventions reported, etc.

[The Government is asked to reply in detail to the present comments in 2013.]

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

The Committee notes the Government’s most recent report which is essentially a repetition of information previously transmitted, and which indicates that national legislation does not contain any specific provisions regarding air pollution, noise and vibration, and that no progress appears to have been made as to the draft legislation which is reportedly under development in order to give effect to the Convention. With reference to the fact that a significant period of time has passed since the Government ratified this Convention and undertook to implement it in the country, and that no progress appears to have been made in this direction, the Committee yet again urges the Government to take the necessary measures, and to submit any relevant legislation to the Committee to enable it to examine the effect given to the Convention in the country.

[The Government is asked to report in detail in 2012.]

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

The Committee notes that the Government reports that, in spite of its efforts, it has no new developments to report regarding legislative effect given to the Convention. The Government indicates that, although it is aware that many workplaces in the country have dangerous pieces of machinery which often are not equipped with proper safety devices, the Convention is not well understood, inter alia, among the social partners, and the institutional structures required to supervise the official approvals of machinery are still not operational. The Government indicates, however, that the trade union structure in the country is under development, that the Government is currently engaged in a social dialogue in order to review the legal structures for tripartite consultations and that a national inventory of all dangerous machinery is under preparation with the assistance of the ILO which will pave the way for regulation in this area. Against this background the Committee hopes that the Government will soon be in a position to report on progress in its effort to give effect to this Convention and that its report will contain full information on the matters raised in its previous direct request which read as follows:

With reference to the information given in the Government’s previous report, the Committee notes that its comments appears to have been taken into account in the preparation of the draft Decree issuing regulations under the Labour Code. The Committee hopes that these regulations will be adopted in the near future and that their adoption will provide a basis for giving effect to the following Articles of the Convention: Articles 2 and 4 (prohibition of the sale, hire, transfer in any other manner and exhibition of machinery without appropriate guards; formal designation of the persons upon whom the obligation to ensure the application of this prohibition rests), Article 10 (information and instructions to be given to workers) and Article 11 (prohibition upon using any machinery without the guards provided being in position or made inoperative). The Committee hopes that the Government will indicate the progress achieved in this respect in its next report.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes that the Government’s report contains no information in response to its previous comment. 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:

With reference to the information given in the Government’s previous report, the Committee notes that its comments appears to have been taken into account in the preparation of the draft Decree issuing regulations under the Labour Code. The Committee hopes that these regulations will be adopted in the near future and that their adoption will provide a basis for giving effect to the following Articles of the Convention: Articles 2 and 4 (prohibition of the sale, hire, transfer in any other manner and exhibition of machinery without appropriate guards; formal designation of the persons upon whom the obligation to ensure the application of this prohibition rests), Article 10 (information and instructions to be given to workers) and Article 11 (prohibition upon using any machinery without the guards provided being in position or made inoperative). The Committee hopes that the Government will indicate the progress achieved in this respect in its next report.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes the information contained in the Government’s report.

2. With reference to the information given in the Government’s previous report, the Committee notes that its comments appears to have been taken into account in the preparation of the draft Decree issuing regulations under the Labour Code. The Committee hopes that these regulations will be adopted in the near future and that their adoption will provide a basis for giving effect to the following Articles of the Convention: Articles 2 and 4 (prohibition of the sale, hire, transfer in any other manner and exhibition of machinery without appropriate guards; formal designation of the persons upon whom the obligation to ensure the application of this prohibition rests), Article 10 (information and instructions to be given to workers) and Article 11 (prohibition upon using any machinery without the guards provided being in position or made inoperative). The Committee hopes that the Government will indicate the progress achieved in this respect in its next report.

[The Government is asked to reply in detail to the present comments in 2007.]

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

1. The Committee notes the Government’s report including a reply to the Committee’s previous direct request and the information that the Government was in the process of adjusting its legislation to correct the mistake regarding references to disciplinary and other sanctions for infringements of provisions in the Labour Code.

2.  With reference to its previous comment, and the fact that national legislation does not contain any specific provisions regarding air pollution, noise and vibration, the Committee notes that it had invited the Government urgently to take measures to ensure application of the provisions of the Convention. Noting that the Government previously had indicated that the drafting of legislation intended to give effect to the Convention, was in progress, the Committee notes that, in its most recent report, the Government indicates the relevant piece of legislation had been transmitted to the Government General Secretariat for adoption at the end of 2003. The Committee urges the Government to submit the relevant legislation to enable the Committee to examine the effect given to the Convention in the country.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

With reference to the comments that it has been making for many years, the Committee notes that, following the adoption of Order No. 114/MFP/T, of 15 July 2003, the members of the Technical Advisory Committee on Occupational Safety and Health (CTCSST) have been appointed. It also notes that its comments were taken into account in the preparation of the draft Decree issuing regulations under the Labour Code. The Committee therefore hopes that the regulations referred to above will be adopted in the near future and that their adoption will provide a basis for giving effect to the following Articles of the Convention.

Articles 2 and 4 (prohibition of the sale, hire, transfer in any other manner and exhibition of machinery without appropriate guards; formal designation of the persons upon whom the obligation to ensure the application of this prohibition rests), Article 10 (information and instructions to be given to workers) and Article 11 (prohibition upon using any machinery without the guards provided being in position or made inoperative). The Committee hopes that the Government will indicate the progress achieved in this respect in its next report.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes with regret 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 noted the Government’s report and the general report on the activities of the Advisory Labour Commission responsible for examining the draft Decree issuing the regulations under each section of the Labour Code.

The Committee noted that the International Labour Office’s technical assistance has been requested for the revision of the regulations to the Labour Code.

With a view to assessing the application by the national legislation of the provisions of the Convention, the Committee requested the Government to provide the International Labour Office with a copy of the draft Decree issuing the regulations under the Labour Code once it has become law.

The Committee noted that the available legislation does not include specific measures relating to air pollution, noise and vibration. It requested the Government to adopt such measures rapidly with a view to giving effect to the provisions of the Convention.

The Committee noted that, in the version of the Labour Code that it has available, there was a problem in the numbering of the sections, with the result that the penalties envisaged in certain sections did not correspond to the contraventions which should be set out in other provisions of the Code. It therefore drew the Government’s attention to this problem, which was undoubtedly due to the revision process, and requested it to provide explanations relating to the numbering of the sections of the Labour Code, particularly with regard to the penalties envisaged in the event of contraventions.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s report, and in particular the information that the Advisory Technical Committee on Occupational Safety and Health has not yet been established due to the economic and financial problems that were already mentioned in the Government’s previous report, thus delaying the application of paragraph 2 of section 132 of the Labour Code which, after obtaining the views of the Technical Committee, aims at prohibiting the use of certain machines or parts of machines considered dangerous.

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

 The Committee notes that the Government’s report does not reply to its previous comments concerning the absence to date of measures that ensure the application of Articles 2 and 4 of the Convention (prohibition of the sale, hire, transfer in any other manner and exhibition of machines which must be guarded; formal designation of the persons on whom rests the obligation to apply this prohibition), Article 10 (information and instructions to be given to workers) and Article 11 (prohibition on using a machine without the protective guards being in position and operative). The Committee hopes that the adoption of the above-cited safety and health rules will permit the application of these Articles of the Convention.

The Committee hopes that the Government will be able to take the necessary measures in the very near future.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s report and the general report on the activities of the Advisory Labour Commission responsible for examining the draft Decree issuing the regulations under each section of the Labour Code.

The Committee notes that the International Labour Office’s technical assistance has been requested for the revision of the regulations to the Labour Code.

With a view to assessing the application by the national legislation of the provisions of the Convention, the Committee requests the Government to provide the International Labour Office with a copy of the draft Decree issuing the regulations under the Labour Code once it has become law.

The Committee notes that the available legislation does not include specific measures relating to air pollution, noise and vibration. It requests the Government to adopt such measures rapidly with a view to giving effect to the provisions of the Convention.

The Committee notes that, in the version of the Labour Code that it has available, there is a problem in the numbering of the sections, with the result that the penalties envisaged in certain sections do not correspond to the contraventions which should be set out in other provisions of the Code. It therefore draws the Government’s attention to this problem, which is undoubtedly due to the revision process, and requests it to provide explanations relating to the numbering of the sections of the Labour Code, particularly with regard to the penalties envisaged in the event of contraventions.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

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:

1. Further to its previous comments, the Committee notes with interest, that the ILO's technical assistance has helped the Government in adopting a new Labour Code on 29 June 1996. It notes however that, due to numerous difficulties, the Labour Advisory Commission has not been able to meet to examine the 1982 draft safety and health rules in the use of machinery. The Committee notes further that the 1982 draft rules will serve the General Inspectorate of Health at Work in its elaboration of the implementing rules provided for in section 132 of the new Labour Code.

The Committee hopes that the Government will take the necessary measures to enable the Advisory Commission to meet shortly and finalize the said safety and health rules, based on the 1982 draft and taking into account the Committee's previous comments on them.

2. The Committee notes that the Government's report does not reply to its previous comments concerning the absence to date of measures that ensure the application of Articles 2 and 4 of the Convention (prohibition of the sale, hire, transfer in any other manner and exhibition of machines which must be guarded; formal designation of the persons on whom rests the obligation to apply this prohibition), Article 10 (information and instructions to be given to workers) and Article 11 (prohibition on using a machine without the protective guards being in position and operative). The Committee hopes that the adoption of the above-cited safety and health rules will permit the application of these Articles of the Convention.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

1. Further to its previous comments, the Committee notes with interest, that the ILO's technical assistance has helped the Government in adopting a new Labour Code on 29 June 1996. It notes however that, due to numerous difficulties, the Labour Advisory Commission has not been able to meet to examine the 1982 draft safety and health rules in the use of machinery. The Committee notes further that the 1982 draft rules will serve the General Inspectorate of Health at Work in its elaboration of the implementing rules provided for in section 132 of the new Labour Code.

The Committee hopes that the Government will take the necessary measures to enable the Advisory Commission to meet shortly and finalize the said safety and health rules, based on the 1982 draft and taking into account the Committee's previous comments on them.

2. The Committee notes that the Government's report does not reply to its previous comments concerning the absence to date of measures that ensure the application of Articles 2 and 4 of the Convention (prohibition of the sale, hire, transfer in any other manner and exhibition of machines which must be guarded; formal designation of the persons on whom rests the obligation to apply this prohibition) Article 10 (information and instructions to be given to workers) and Article 11 (prohibition on using a machine without the protective guards being in position and operative). The Committee hopes that the adoption of the above-cited safety and health rules will permit the application of these Articles of the Convention.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

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 following matters raised in its previous direct request:

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2. The Committee noted that the Advisory Labour Commission would meet with a view to discussing the revision of labour texts, and that the Committee's comments will possibly be taken into account in the draft text setting out the safety and hygiene rules. The Committee requests the Government to specify whether this draft decree is the same as the one which was submitted by the Government in 1982 for an opinion by the Committee.

3. The Committee once again draws the Government's attention to the fact that no measures have been taken to date in order to ensure application of Articles 2 and 4 of the Convention (prohibition of the sale, hire, transfer in any other manner and exhibition of machines without appropriate guards; enumeration of the dangerous parts of machines which must be guarded; formal designation of the persons on whom rests the obligation to apply this prohibition), Article 10 (information and instructions to be given to workers) and Article 11 (prohibition on using a machine without the protective guards being in position and operative). The Committee requests the Government to indicate the measures taken or envisaged to ensure application of these Articles of the Convention.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

1. Further to its previous comments, the Committee notes that the Labour Code has still not been revised. The Committee hopes that the revised version of the Labour Code will be adopted in the near future and will give effect to the provisions of the Convention whose application has been the subject of comments for a number of years. The Committee requests the Government to send a copy of the text when adopted.

2. The Committee notes that the Advisory Labour Commission will meet very shortly with a view to discussing the revision of labour texts, and that the Committee's comments will possibly be taken into account in the draft text setting out the safety and hygiene rules. The Committee requests the Government to specify whether this draft decree is the same as the one which was submitted by the Government in 1982 for an opinion by the Committee.

3. The Committee once again draws the Government's attention to the fact that no measures have been taken to date in order to ensure application of Articles 2 and 4 of the Convention (prohibition of the sale, hire, transfer in any other manner and exhibition of machines without appropriate guards; enumeration of the dangerous parts of machines which must be guarded; formal designation of the persons on whom rests the obligation to apply this prohibition), Article 10 (information and instructions to be given to workers) and Article 11 (prohibition on using a machine without the protective guards being in position and operative). The Committee requests the Government to indicate the measures taken or envisaged to ensure application of these Articles of the Convention.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes that no report has been received from the Government. 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 following matters raised in its previous direct request:

In its previous comments, the Committee noted the absence of provisions to give effect to the Convention. It noted that in 1982 the Government had submitted to the Committee for its examination, and to verify its conformity with the Convention, a draft Decree establishing the rules on safety and health to be observed in the use of machinery. The draft Decree was examined by the Committee.

In its last report, the Government stated that in view of the development of technology, there is a multiplication of machinery that is ever more dangerous for the safety of the workers, and that it has embarked upon a policy of introducing legislation on the prevention of occupational hazards. It referred once again to the above draft Decree.

In this connection, the Committee recalls that, as regards Article 4 of the Convention, the draft Decree contains no provisions setting out that the obligation to ensure compliance with the prohibition of the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards, shall rest on the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor and their respective agents, as well as on the manufacturer when he sells machinery, lets it out on hire, transfers it in any other manner or exhibits it. It would therefore be desirable to include a provision to this effect in the draft Decree.

The Committee hopes that the draft Decree establishing the rules on safety and health to be observed in the use of machinery will be adopted in the near future and that the Government will not fail to supply a copy of it.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

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 following matters raised in its previous direct request, which read as follows:

In its previous comments, the Committee noted the absence of provisions to give effect to the Convention. It noted that in 1982 the Government had submitted to the Committee for its examination, and to verify its conformity with the Convention, a draft Decree establishing the rules on safety and health to be observed in the use of machinery. The draft Decree was examined by the Committee.

In its last report, the Government stated that in view of the development of technology, there is a multiplication of machinery that is ever more dangerous for the safety of the workers, and that it has embarked upon a policy of introducing legislation on the prevention of occupational hazards. It referred once again to the above draft Decree.

In this connection, the Committee recalls that, as regards Article 4 of the Convention, the draft Decree contains no provisions setting out that the obligation to ensure compliance with the prohibition of the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards, shall rest on the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor and their respective agents, as well as on the manufacturer when he sells machinery, lets it out on hire, transfers it in any other manner or exhibits it. It would therefore be desirable to include a provision to this effect in the draft Decree.

The Committee hopes that the draft Decree establishing the rules on safety and health to be observed in the use of machinery will be adopted in the near future and that the Government will not fail to supply a copy of it.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

In its previous comments, the Committee noted the absence of provisions to give effect to the Convention. It noted that in 1982 the Government had submitted to the Committee for its examination, and to verify its conformity with the Convention, a draft Decree establishing the rules on safety and health to be observed in the use of machinery. The draft Decree was examined by the Committee.

In its last report, the Government states that at the present time, in view of the development of technology, there is a multiplication of machinery that is ever more dangerous for the safety of the workers, and that it has embarked upon a policy of introducing legislation on the prevention of occupational hazards. It refers once again to the above draft Decree.

In this connection, the Committee recalls that, as regards Article 4 of the Convention, the draft Decree contains no provisions setting out that the obligation to ensure compliance with the prohibition of the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards, shall rest on the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor and their respective agents, as well as on the manufacturer when he sells machinery, lets it out on hire, transfers it in any other manner or exhibits it. It would therefore be desirable to include a provision to this effect in the draft Decree.

The Committee hopes that the draft Decree establishing the rules on safety and health to be observed in the use of machinery will be adopted in the near future and that the Government will not fail to supply a copy of it.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes with regret 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 following matters which were raised in its previous direct request:

The Committee has noted from the report of the Government that amendments had been introduced to the draft Decree establishing the rules on safety and health to be observed in the use of machinery, taking account of its earlier comments. It has examined the new version of the draft Decree, whose text has been communicated by the Government, and would like to point out the following:

1. Article 4 of the Convention. The Committee observed that the draft Decree contained no provisions giving effect to this Article of the Convention. It would therefore be desirable to include a provision to this effect in the draft Decree.

2. Article 14. The Committee observed that the scope of this Article covers the whole of Part III of the Convention and that the obligation to observe the provisions of this Part fall not only on the employer in the strict sense but also, where appropriate under national laws or regulations, on a prescribed agent of the employer. The Committee noted that section 16 of the draft Decree provided, in this connection, that certain obligations fell not only on the head of the establishment but also on his agent. It therefore hopes that the Government will be able to amend the draft in question so that all the obligations of the employer specified in Part III of the Convention fall also, where appropriate, on his agent and that this agent will also be made liable to the penalties provided for in section 22 of the draft.

The Committee hopes that the Government will take these remarks into account and that the draft thus amended will be adopted in the very near future.

The Committee also asks the Government, once again, to state whether the employers' and workers' organisations concerned were consulted during the preparation of this draft, in accordance with Article 16.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes with regret that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

The Committee has noted from the Government's report for the period ended June 1985 that the draft Decree to issue the rules on safety and health to be observed in the use of machinery, which was intended to give effect to the Convention, had been amended to take account of the earlier comments of the Committee. The Committee hopes that this draft will be adopted shortly and that it will also take account of the comments made in a request addressed directly to the Government.

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The Committee hopes that the Government will make every effort to take the necessary action in the very near future.