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

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

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

Article 4. Measures taken or envisaged to prevent and control occupational hazards due to air pollution, noise and vibration. Article 8(1) and (3). Criteria for determining and reviewing hazards of exposure to air pollution, noise and vibration. The Committee noted in its previous comments, that national law and practice was not in full compliance with the referenced provisions of the Convention and that limits on noise had not been established. The Committee also noted that the internationally used standard for determining threshold limit values (TLVs) concerning air pollution, noise and vibration are published annually by the American Conference of Governmental Industrial Hygienists (ACGIH). The Committee notes, following the information in the Government’s current report, that staff still need to be trained to measure the noise and vibration TLV according to the ACGIH guidelines, and that it is also acquiring materials that will allow the measurement of the main air pollutants; however, no information regarding noise limits or standards for air pollution or vibration were provided. The Committee once again requests the Government to take all necessary measures to give full effect in law and in practice to the referenced provisions of the Convention.

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

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

Article 9. Prevention of air pollution, noise and vibration through design and installations of new plants or processes or through work-related organizational measures. The Committee notes the information in the Government’s report that new plants and processes go through an assessment procedure as part of the environment authorization procedure and this also includes analysis of the health, safety and environment aspects of the process. The Committee also notes that the best international standards from jurisdictions recognized as having adequate legislation for worker safety are usually recommended. The Committee requests the Government to provide further details on the assessment procedure applied for new plant or processes in design or installation, in order to keep the working environment free from hazards due to air pollution, noise or vibration.

Article 10. Requirements regarding the provision of personal protective equipment. The Committee notes the information in the Government’s report that employers have the duty and obligation to ensure that there is in place a system of work that is safe and without risks to the health of their employees and that section 4(2)(f) of the Occupational Health and Safety Decree, as amended in 1999, includes in the duties of every employer the “provision of protective equipment for his employees and training them to use such equipment”. The Committee further notes that industry-specific provisions exist within the Occupational Safety and Health (Construction Industry, Confined Space and Welding) Regulations, 1991, requiring employers to provide personal protective equipment to employees. The Committee invites the Government to indicate measures taken in practice to ensure full compliance with this Article of the Convention.

Article 12. Processes, substances, machinery and equipment requiring notification to the competent authorities. The Committee notes the information in the Government’s report that all new applications for machinery or process are screened by the Ministry of Environment and Energy; however, it is a requirement that employers put into place measures to assess worker’s safety under the guidance of the Labour Department. The Committee requests the Government to provide further details on the system of notification and authorization regarding the use of specific processes, substances, machinery and equipment, which involve exposure of workers to occupational hazards in the working environment due to air pollution, noise or vibration.

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