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

Occupational Safety and Health Convention, 1981 (No. 155) - Seychelles (Ratification: 2005)

Articles 4, 5, 11 and 15 of the Convention. National policy on occupational safety and health. The Committee previously noted from the Government’s report that the National Occupational Safety and Health (OSH) policy was drafted in 2006, and that discussions were ongoing in order to finalize the policy. The Committee notes from the Government’s current report that the National OSH policy, drafted by a tripartite committee, has been disseminated to different stakeholders for their input and comments, and that the Ministry of Labour and Human Resource Development (MLHRD) officially submitted a copy of this policy to the ILO Country Office for Madagascar, Comoros, Djibouti, Mauritius and Seychelles in Antananarivo on 5 August 2014. The Committee further notes that the Ministry anticipates organising a workshop on the OSH policy by the end of the year. The Committee invites the Government to take the necessary measures to include provisions giving effect to Articles 4 and 5 of the Convention in its draft national policy on OSH and requests information on any development in this regard. The Committee also invites the Government to consider the adoption of provisions giving effect to Articles 11 (functions carried out by the competent authorities) and 15 (coordination between the various authorities and bodies responsible for the implementation of the policy) of the Convention. The Committee requests the Government to transmit a copy of the national OSH policy as soon as it has been adopted.

Articles 13 and 19(a)–(f). Protection from undue consequences. Rights and duties of workers and their representatives. The Committee previously noted that the Government indicated that the Occupational Health and Safety Decree, Chapter 151, was being reviewed by the Occupational Safety Board and that a consultant had been identified by the Ministry to finalize the Bill. In this respect, the Committee notes that the MLHRD has submitted the proposed Bill for comments to the ILO’s regional office in Antananarivo, and that it anticipates the submission of the draft Occupational Safety and Health Decree for approval by both the Cabinet of Ministers and the National Assembly during the course of this year. The Committee notes that the Government refers to Part II of paragraph 2 of the Employment Act, 1995, which provides that an employer or a worker may initiate a grievance procedure, as covering protection from undue consequences, giving effect to Article 13. However, the Committee emphasizes that this provision does not give full effect to Article 13 of the Convention. In this respect, the Committee refers to paragraph 145 of its 2009 General Survey on Occupational Safety and Health, which states as follows:

Article 13 requires, in accordance with national conditions and practice, the protection of workers against “undue consequences” for removing themselves from a work situation if they have “reasonable justification to believe” that it presents “an imminent and serious danger” to their life or health. Article 19(f) complements this provision. It prescribes that the arrangements that should be in place at the workplace should include arrangements according to which workers must report “forthwith” to their “immediate supervisor” any such situations representing imminent and serious dangers. Article 19(f) also provides that the employer cannot require workers to return to a work situation where there is a continuing imminent danger until the employer has taken remedial action, if necessary.

The Committee also notes that a training of OSH officers at the workplace, including the labour inspectorate, has been embarked in the ILO Biennium work plan for Seychelles for the 2nd quarter of 2015, which includes a sensitization strategy towards public opinion as one of its training outcomes. In light of the current review of the Occupational Safety and Health Decree, Chapter 151, the Committee invites the Government to take the necessary measures to give effect to Articles 13 and 19 of the Convention in the proposed OSH Bill. It requests the Government to transmit a copy of the relevant text once it has been adopted. The Committee also requests the Government to indicate the outcome of the training of OSH officers.

Article 17. Collaboration when there are two or more employers engaging in activities simultaneously at the same undertaking. The Committee notes the information in the Government’s report refers to the provisions in the existing Occupational Safety and Health Decree, Chapter 151. However, the Committee notes that the present Decree does not seem to contain a specific provision providing for such collaboration. Noting that this legislation is currently under review, the Committee invites the Government to take the necessary measures to give effect to these provisions of the Convention in this context.

Application of the Convention in practice. The Committee notes from the statistics attached to the Government’s report that for the period covering 2011–14, there were a total of six fatal injuries, one person who was permanently disabled and a total of 347 temporarily disabled workers. The Committee also notes from the Government’s report that in 2013 there were 1,197 inspection visits conducted which is a 2.92 per cent increase from the 1,163 visits conducted in 2012, and that 511 inspections were completed in the first quarter of 2014, an increase of 343 inspections compared to the same period in 2013. The Committee further notes from the Government’s report that the MLHRD is organizing a workshop on safety and health in dock work during the annual safety week and that labour inspectors have been specifically assigned to monitor and conduct inspections in the construction industry in order to ensure compliance with the safety and health regulations within the industry. The Committee requests the Government to continue to provide information on the application of the Convention in practice, including relevant up-to-date statistics.