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

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Convention No. 155 (occupational safety and health) and Convention No. 187 (promotional framework for OSH) together.

Legislative developments. The Committee notes the entry into force of Ministerial Order No. 02/MIFOTRA/23 of 1 August 2023 on occupational health and safety (OSH), organizations of employers and workers, child employment, employment of a foreigner and leave. The Committee also notes that this Order repealed Ministerial Order No. 02/MIFOTRA/22 of 30 August 2022 which, in turn, repealed Ministerial Order No. 02 of 17 May 2012, determining conditions for OSH, and Ministerial Order No. 01 of 15 January 2015, determining modalities of establishing and functioning of OSH committees. The Committee observes that the new Ministerial Order No. 02/MIFOTRA/23 reproduces some provisions of the 2012 and 2015 Ministerial Orders and amends others, such as those relating to the establishment and composition of OSH committees (which now have a greater number of employer representatives than worker representatives in private enterprises with 30 or more workers). However, it also observes that there are certain matters regulated in the 2012 and 2015 Ministerial Orders that have not been addressed in the new Ministerial Order of 2023, such as those on labour inspection in OSH, the employer’s obligation not to make deductions from the worker's remuneration in respect of anything done or provided in pursuance of 2012 Ministerial Order and the application of this Order to informal sectors and self-employed persons. In the light of the aforementioned legislative developments, the Committee requests the Government to provide clarifications on the current regulatory framework governing the elements that were previously regulated in the repealed Ministerial Orders of 2012 and 2015 and that are not addressed in Ministerial Order No. 02/MIFOTRA/23.

Action at the national level

Articles 1 and 2 of Convention No. 155. Scope. With reference to its previous comment, the Committee notes that the Government indicates in its report that Ministerial Order No. 02/MIFOTRA/23 on OSH applies to the public service and the private sector. This Order was adopted pursuant to Law No. 66/2018 of 30 August 2018 regulating labour in Rwanda (Labour Code), and its Chapter II provides for general OSH conditions as well as for the establishment and functioning of OSH committees. In this respect, the Committee recalls that section 2 of the Labour Code provides that it applies to the public sector, unless otherwise provided by the general statutes for public service. The Committee once again requests the Government to clarify whether the OSH provisions contained in the Labour Code apply to all branches of the public sector, and if not, to indicate which parts of the public sector are excluded. If any public sector workers are excluded, the Committee requests the Government to indicate the measures taken to ensure adequate OSH protection for these workers.

Article 2(3) of Convention No. 187. Periodic consideration of measures that could be taken to ratify relevant occupational safety and health Conventions of the ILO. Noting the Government's reference to its commitment to assess the relevance of other OSH Conventions before undertaking any steps towards their ratification, the Committee requests the Government to indicate whether periodic consideration is given to measures that could be taken to ratify relevant OSH Conventions within the National Labour Council (NLC), the national tripartite consultation body.

National policy

Articles 4 and 7 of Convention No. 155, and Article 3 of Convention No. 187. National OSH policy. Further to its previous comment, the Committee notes the Government´s indication that the National OSH Policy has not yet been reviewed, and that the 2020 National OSH Profile will guide the Ministry of Public Service and Labour (MIFOTRA) in the development of OSH policies. The Committee requests the Government to provide information on: (i) measures adopted to review the National OSH Policy, including the consultations with the organizations of workers and employers; (ii) the activities of the MIFOTRA and the NLC on the review of the OSH Policy, including the frequency of the meetings of the NLC in practice, and the OSH issues discussed at the meetings; and (iii) further measures that have been taken to review the situation of OSH and the working environment in the country, either overall or in respect of particular areas, with a view to identifying major problems and effective methods for dealing with them, in conformity with Article 7 of Convention No. 155.

Article 5(e) of Convention No. 155. Spheres of action in the national OSH policy. Protection of workers and their representatives from disciplinary measures. The Committee notes that, in reply to its previous comment, the Government indicates that section 36 of the Ministerial Order No. 003/19.20 of 17 March 2020, relating to employees’ representatives, provides that an employees’ representative cannot be dismissed on the basis of fulfilment of his or her duties. The Committee requests the Government to indicate whether the protection provided for in section 36 of Ministerial Order No. 003/19.20 applies to members of OSH committees or other OSH representatives. With reference to its indications below on Articles 13 and 19(f) of Convention No. 155,the Committee also requests the Government to provide information on whether workers (in addition to their representatives) are protected from disciplinary measures as a result of actions properly taken by them with regards to OSH.

Article 9(1) of Convention No. 155. Adequate and appropriate system of inspection. The Committee notes that according to the annual compliance labour inspection report 2022-2023, referred to by the Government in its latest report on the application of the Labour Inspection Convention, 1947 (No. 81), while the average level of compliance with standards is estimated at 72 per cent, the lowest level of compliance is found in the area of OSH, where it is estimated at 52.2 per cent for the inspected establishments. The Committee requests the Government to provide information on the measures adopted to strengthen the enforcement of laws and regulations concerning OSH and the results achieved.

National system

Article 11(b) and (f) of Convention No. 155. Determination of work processes and of substances and agents the exposure to which is to be prohibited, limited or made subject to authorization or control. Systems to examine chemical, physical and biological agents. Noting the Government's reference to its commitment to implement the necessary measures to meet the requirements outlined in this Article of Convention No. 155, the Committee requests the Government to provide information on any measures taken to ensure that the competent authorities progressively carry out the following functions: (i) the determination of substances and agents the exposure to which is to be prohibited, limited or made subject to authorization or control by the competent authority or authorities, in sectors other than agriculture (Article 11(b)); and (ii) the introduction or extension of systems to examine chemical, physical and biological agents in respect of the risk to the health of workers, taking into account national conditions and possibilities (Article 11(f)).

Articles 11(c) and (e) of Convention No. 155, and Article 4(3)(f) of Convention No. 187. Collection and analysis of data on occupational injuries and diseases. Production of annual statistics and annual publication of information on measures taken in pursuance of the OSH policy. Following its previous comment, the Committee notes the Government’s indication that the Integrated Labour Administration Information System (ILAS), established in 2019, is being upgraded to enhance productivity and functionality and to improve system performance and data handling, which is expected to ease the production of annual statistics on both occupational accidents and diseases. The Committee notes that the annual compliance labour inspection report 2022–23 indicates that 12 occupational accidents (4 fatal and 8 non-fatal) were reported during this period, mainly in the mining and quarrying sector (8 accidents in total). It also notes again that section 3(m) of the Ministerial Order No. 02/MIFOTRA/23 on OSH provides than employers are obliged to report occupational diseases to the labour inspector of the area of the workplace and to the social security organ. The Committee requests the Government to continue to provide information on the measures taken to ensure the production and publication of annual statistics on both occupational accidents and diseases, and to indicate any progress made with regard to the upgrading of ILAS. The Committee also refers to its comment on Articles 14, 20 and 21 of Convention No. 81 (labour inspection annual reports and notification of occupational diseases to the labour inspection services).

Article 12 of Convention No. 155. Obligations of those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use.Noting the lack of information in this regard, theCommittee again requests the Government to provide information on the measures taken, in law and in practice, to determine the obligations of those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use, as set out in clauses (a) (satisfy themselves that the machinery, equipment or substances do not entail dangers to safety and health); (b) (make available information and instructions); and (c) (keep abreast studies and research) of Article 12.

Article 15 of Convention No. 155. Necessary coordination between various authorities and bodies. The Committee notes that, in response to its previous comment, the Government refers to measures that have been taken to ensure coordination between different agencies responsible for various aspects of OSH, such as the establishment of the National OSH Steering Committee, the conduct of joint inspections by the MIFOTRA and the Rwanda Social Security Board (RSSB) and the development of the Workplace Wellness Program in partnership with the RSSB and the Ministry of Health in order to prevent occupational hazards and promote decent work and productivity. The Government indicates that this Program brings together interagency efforts to coordinate the implementation OSH activities at both the national and institutional levels but does not provide further information. The Committee requests the Government to provide detailed information on any coordination mechanism between authorities and bodies established for or as a result of the implementation of the Workplace Wellness Program and refers in this regard to its comment on Article 5(2)(e) of Convention No. 187 (complementary national programmes). Furthermore, theCommittee requests the Government to provide further information on: (i) the functioning in practice of any OSH-related coordination mechanisms established in local government structures (districts, sectors and cells); and (ii) the activities of the National OSH Steering Committee and its contribution to the implementation of Convention No. 155 in the country.

Article 4(3)(d) of Convention No. 187. Occupational health services. With reference to its previous comment, the Committee notes the Government´s indication that the Workplace Wellness Program is the solution on the provision of OSH services at the level of the undertaking as it focuses on the capacity building of OSH committees’ occupational health services at that level. In this regard, the Committee takes note that section 21 of Ministerial Order No. 02/MIFOTRA/23 on OSH provides that an OSH committee has, among others, the following responsibilities: (i) ensuring the implementation of OSH laws and regulations; (ii) advising on initiatives relating to methods of work and training programmes; (iii) explaining the meaning of occupational risks, sensitising on OSH related issues and developing a culture of prevention of occupational hazards and diseases; (iv) analysing occupational hazards and conducting investigations in relation to them; (v) investigating diseases or accidents (resulting in death, causing permanent incapacity or having revealed the existence of a serious danger) and proposing preventive and protective measures; and (vi) submitting regularly to the employer updated statistics on occupational hazards, diseases and deaths and making quarterly reports indicating how the concerned enterprise or State organ is progressing in taking measures to prevent them. The Committee also notes that section 3(t) of the Ministerial Order No. 02/MIFOTRA/23 on OSH provides than employers are obliged to hire a staff in charge of OSH or designate another employee among its employees who assumes the duties and responsibilities of OSH for an enterprise which has at least 50 employees that use products, machines and processes which are more likely to cause accidents or diseases. Furthermore, sections 17(d) and 18(c) of this Ministerial Order specifies that in case an enterprise or a State organ has an employee in charge of OSH or a health officer, the employee must be a member of the OSH committee. The Committee requests the Government to provide information on the specific functions of the employee in charge of OSH or the health officer at the level of the undertaking or the State organ, particularly those related to the provision of occupational health services.The Committee also requests the Government to provide information regarding the provision of other occupational health services including the surveillance of workers’ health in relation to work and the promotion of the adaptation of work to the workers. The Committee refers to its comment on Article 5(2)(e) of Convention No. 187 (complementary national programmes).

Article 4(3)(g) of Convention No. 187. Collaboration with relevant insurance and social security schemes for occupational injuries and diseases. Following its previous comment, the Committee notes the Government’s indication that the MIFOTRA and the RSSB are among the key authorities responsible for OSH in the country and play crucial roles in the implementation of OSH policies and regulations. The Government indicates that these authorities have established a memorandum of understanding to promote OSH and the extension of social security coverage, with specific areas of focus, namely inspection and legal enforcement, capacity building and awareness campaigns, etc. The Committee takes note of this information, which addresses its previous request.

National programme

Article 5(1) and 5(2)(c) of Convention No. 187. Implementing, monitoring, evaluating, and periodically reviewing a national programme on OSH. Regarding its previous comment, the Committee notes the Government’s indication that, in order to effectively implement and monitor the National OSH Strategy 2019 and its Joint Annual Action Plans, it has established a dedicated OSH committee comprised of government officials as well as employers’ and workers’ representatives. The Committee requests the Government to provide further information on the results achieved by the above-mentioned committee in the implementation and monitoring of the National OSH Strategy 2019 and its Joint Annual Action Plans. The Committee again requests the Government to indicate whether it intends to evaluate the National OSH Strategy 2019, in consultation with the social partners, and how this evaluation will contribute to the formulation of the Strategy for the subsequent period.

Article 5(2)(d) of Convention No. 187. Objectives, targets and indicators of progress. The Committee notes that, in response to its previous comment, the Government indicates that the key performance indicators for the National OSH Strategy 2019 include the level of compliance with labour standards at the enterprise, sectoral and national levels, as well as statistics on work-related diseases and injuries, such as rates (per 100,000 workers) of occupational deaths, occupational accidents, occupational diseases, occupational injuries resulting in hospitalization, work days lost due to occupational injuries, occupational injuries resulting in temporary incapacity and occupational injuries resulting in permanent incapacity. The Committee requests the Government to clarify whether the indicators used to assess compliance with labour standards at the enterprise, sectoral and national levels, within the framework of the National OSH Strategy 2019, include the rates estimated in the annual compliance labour inspection report mentioned above under Article 9(1) of Convention No. 155 (adequate and appropriate system of inspection).

Article 5(2)(e) of Convention No. 187. Complementary national programmes. Further to its previous comment, the Committee notes the Government’s indication that the Workplace Wellness Program is one of the complementary programmes being implemented to assist in the progressive achievement of a safe and healthy working environment. The Committee requests the Government to provide detailed information on the content, implementation and results of the Workplace Wellness Program as well as on any other complementary OSH national programmes and plans.

Action at the level of the undertaking

Articles 13 and 19(f) of Convention No. 155. Protection of workers who have removed themselves from a situation presenting an imminent and serious danger. With regards to its previous comment, the Committee notes with interest that section 7 of Ministerial Order No. 02/MIFOTRA/23 on OSH provides that: (i) an employee, an intern or apprentice, who finds that his or her workplace lacks safety or may endanger his or her health may refuse to work from or even decide to leave the workplace and, in that case, he or she is to inform his or her superior, the OSH committee or employees’ representatives; and, (ii) an employer does not suspend or impose a sanction to an employee, intern or apprentice who refuses to work from or leaves the workplace at which he or she was assigned when he or she believes that it may cause a danger to him or her. The Committee takes note of this information, which addresses its previous request.

Article 17 of Convention No. 155. Collaboration between two or more undertakings. The Committee notes that, in response to its previous comment, the Government refers to sections 17 and 18 of Ministerial Order No. 02/MIFOTRA/23 on OSH which provide for the selection of members of OSH committees in private enterprises and state organs. Noting that the above-mentioned provisions do not give effect to this Article of Convention No. 155, theCommittee requests the Government to provide information on the measures taken or envisaged, which may be of a legislative nature, to ensure that whenever two or more undertakings engage in activities simultaneously at one workplace, they are required to collaborate in applying the OSH requirements.

Article 19(c) of Convention No. 155. Right of workers’ representatives to consult their representative organizations. Further to its previous comment, the Committee notes that although the Government refers to section 3 of Ministerial Order No. 02/MIFOTRA/23 on OSH, which establishes obligations for employers (including the provision of certain OSH-related information to workers), this provision does not give effect to this Article of Convention No. 155. TheCommittee requests the Government to indicate whether legislative or practical measures have been taken or are envisaged to ensure that workers’ representatives have the right to consult with their representative organizations about the information they have received on the measures taken by the employer to secure OSH provided they do not disclose commercial secrets.

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

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 Convention No. 155 (occupational safety and health) and Convention No. 187 (promotional framework for OSH) together.

The Committee notes the Government’s first reports on the application of these Conventions.

• Action at the national level

Articles 1 and 2 of Convention No. 155. Scope. The Committee notes that the Government’s report does not explicitly identify the branch of economic activity excluded, as permitted by Articles 1 and 2 of the Convention. However, the Government refers to section 2 of Law No. 66/2018 of 30 August 2018 regulating labour in Rwanda (the Labour Code), indicating that it applies to: (a) the private sector, (b) the public sector, unless otherwise provided by the general statutes for public service; (c) apprentices, (d) interns, (e) self-employed persons with regard to OSH, and (f) the informal sector employees with regard to OSH. The Committee further notes that the National OSH Policy 2014 applies equally to the public and private sectors, and to the formal and informal sectors. The Committee requests the Government to clarify whether the OSH provisions contained in the Labour Code apply to all branches of the public sector, and if not, to indicate which parts of the public sector are excluded. If any public sector workers are excluded, the Committee requests the Government to indicate the measures taken to ensure adequate OSH protection for these workers.

Article 2(3) of Convention No. 187. Periodic consideration of measures that could be taken to ratify relevant occupational safety and health Conventions of the ILO. The Committee notes the ratification by Rwanda, in 2019, of the Labour Administration Convention, 1978 (No. 150). The Committee requests the Government to continue to provide information on the periodic consideration of the measures that could be taken to ratify relevant OSH Conventions by the National Labour Council.

National policy

Articles 4 and 7 of Convention No. 155, and Articles 3 and 4(3)(a) of Convention No. 187. National OSH policy. The Committee notes that, under section 3(2) of Prime Minister’s Order No. 087/03 of 14 August 2020, the Ministry of Public Service and Labour (MIFOTRA) is responsible for initiating laws and policies on OSH. It takes note of the National OSH Policy 2014, its primary objective being to reduce the number of work-related accidents and diseases in Rwanda, which “requires the adoption and implementation of a culture of prevention by Government, employers and workers”. The Government indicates that the National OSH Policy 2014 was reviewed in 2019 through the National OSH Strategy, after consultation with the National Labour Council (NLC), the national tripartite consultation body. The Committee further notes the Government’s indication that, in 2019, the national OSH country profile was reviewed. The Committee requests the Government to provide additional information on: (i) the review of the National OSH Policy which took place in 2019, including the consultations with the organizations of workers and employers, as well as on any subsequent reviews; (ii) the activities of the MIFOTRA and the NLC on the review of the OSH policy, including the frequency of the meetings of the NLC in practice, and the OSH issues discussed at the meetings; and (iii) further measures taken to review the situation of OSH and the working environment in the country, either overall or in respect of particular areas, with a view to identifying major problems and effective methods for dealing with them, in conformity with Article 7 of Convention No. 155.

Article 5(e) of Convention No. 155. Spheres of action in the national OSH policy. Protection of workers and their representatives from disciplinary measures.The Committee requests the Government to provide information on whether the National OSH Policy takes into account the protection of workers and their representatives from disciplinary measures as a result of actions properly taken by them in conformity with the OSH policy.

National system

Article 4(1) of Convention No. 187. Periodic review of the national system and national legislation. The Committee notes the Government’s indication that its legislation is periodically reviewed in order to achieve decent work in the country. In this regard, the Government refers to the adoption, in 2018, of the new Labour Code, and to the National OSH Strategy 2019, which reviewed the National OSH Policy. Given the importance of progressively developing and periodically reviewing the components of the national OSH system, the Committee encourages the Government to continue to undertake consultations with the most representative organizations of employers and workers on OSH legislation and regulations, with a view to addressing any exclusions or gaps in coverage identified in the legislative framework.

Article 11(b) and (f) of Convention No. 155. Determination of work processes and of substances and agents the exposure to which is to be prohibited, limited or made subject to authorization or control. Systems to examine chemical, physical and biological agents. The Committee notes that section 16 of Law No. 30/2012 of 1 August 2012 governing agrochemicals provides that a list of registered and prohibited agrochemicals shall be published in a ministerial order. The Committee further notes that Annex I of Ministerial Order No. 002/11.30 of 14 July 2016 determining regulations governing agrochemicals establishes a list of prohibited agrochemicals, and Annex II establishes a list of registered agrochemicals. The Committee requests the Government to provide further information on how it is ensured that the competent authorities carry out the functions of: (i) the determination of substances and agents the exposure to which is to be prohibited, limited or made subject to authorization or control by the competent authority or authorities, in sectors other than agriculture (Article 11(b)); and (ii) the introduction or extension of systems to examine chemical, physical and biological agents in respect of the risk to the health of workers, taking into account national conditions and possibilities (Article 11(f)).

Article 11(c) and (e) of Convention No. 155, and Article 4(3)(f) of Convention No. 187. Collection and analysis of data on occupational injuries and diseases. Production of annual statistics and annual publication of information on measures taken in pursuance of the OSH policy. The Committee notes that the National OSH Policy 2014 provides that the MIFOTRA shall produce and publish periodic reports on the OSH situation in the country. In doing so, the MIFOTRA shall work closely with stakeholders, especially the Rwandan Social Security Board, to facilitate the reporting of key statistical indicators relating to OSH, including rates of occupational deaths, injuries and diseases. The Committee also notes the Government’s indication that, for the collection and analysis of data on occupational injuries and diseases, it makes use of: (a) data from the Rwanda Social Security Board on occupational injuries compensation; (b) data from National Institute of Statistics of Rwanda (NISR) surveys; (c) data from labour inspection, namely the Integrated Labour Administration System (ILAS) which supports data recording, reporting and keeping; and (d) data from different institutions such as Rwanda Mining, Petroleum and Gas Board (RMB). However, the Committee notes that no information is provided on the number of occupational injuries. The Committee therefore requests the Government to provide information on: (i) the measures taken to ensure the production and publication of annual statistics on both occupational accidents and diseases; and (ii) the number of occupational accidents and diseases reported.

Article 12 of Convention No. 155. Obligations of those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee notes the Government’s reference, with respect to Article 12, to Chapter IV of Ministerial Order No. 02 of 17 May 2012 determining conditions for occupational health and safety, but it notes that this Ministerial Order only addresses obligations of the employer, and it recalls that Article 12 concerns the obligations of those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee therefore requests the Government to provide information on the measures taken, in law and in practice, to determine the obligations of those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use, as set out in clauses (a) (satisfy themselves that the machinery, equipment or substances do not entail dangers to safety and health); (b) (make available information and instructions); and (c) (keep abreast studies and research) of Article 12.

Article 15 of Convention No. 155. Necessary coordination between various authorities and bodies. The Committee notes the information provided by the Government indicating that the MIFOTRA is the government institution with the mandate to promote and coordinate OSH issues. The Committee further notes, from the National OSH Policy 2014, that local government structures (districts, sectors and cells) have the mandate to implement and coordinate government policies and develop programmes at their respective levels. The Policy also identifies inadequate mechanisms for the coordination of OSH activities as a weakness within the OSH system. In addition, the Committee notes that the National OSH Policy plans for the establishment of “an entity in Public and Private sectors with a mandate to coordinate OSH in the country” and a “National OSH Steering Committee in Public and Private Sectors”. In this regard, the Committee notes the Government’s declaration that the National OSH Steering Committee has been established, and that all tripartite constituents are represented. The Committee requests the Government to provide further information on: (i) the functioning in practice of the coordination mechanisms established by the National OSH Policy 2014; (ii) any measures taken to ensure coordination between the different authorities that have inspection and enforcement duties on OSH; and (iii) the activities of the National OSH Steering Committee and its contribution to the implementation of the Convention in the country. Noting that the National OSH Policy also provides for the establishment of an entity in the public and private sectors, mandated to coordinate, the Committee requests the Government to provide information on: (i) whether such an entity has been established; and (ii) how its activities differ from those of the National OSH Steering Committee.

Article 4(3)(d) of Convention No. 187. Occupational health services. The Committee notes the Government’s general declaration that occupational health services are provided by private consultancy services and non-governmental organizations. The Committee requests the Government to provide further information on the provision of occupational health services at the level of the undertaking.

Article 4(3)(g) of Convention No. 187. Collaboration with relevant insurance and social security schemes for occupational injuries and diseases. The Committee notes that Outcome III of the National OSH Strategy 2019 aims to enhance the coverage and compensation on occupational injuries, through an increased affiliation coverage to occupation injuries schemes and enhanced compensation for occupation injuries. The Committee requests the Government to provide information on the collaboration between the authorities responsible for OSH and relevant insurance and social security schemes, including in the framework of the National OSH Strategy 2019.

National programme

Article 5(1), 5(2)(c) and 5(3) of Convention No. 187. Formulating, implementing, monitoring, evaluating, periodically reviewing and promoting a national programme on OSH. The Committee takes note of the indication of the Government that the National OSH Strategy 2019 was adopted, in consultation with the NLC, and that it was communicated to the public through a Cabinet Communiqué and various platforms, including the website of the Office of the Prime Minister and the MIFOTRA. The Government adds that the 2019 review of the national OSH country profile informed the contents of National OSH Strategy and its implementing programme. The Committee also notes that the Strategy foresees the development of Joint Annual Action Plans and that, under Outcome VIII.1, monitoring and evaluating mechanisms shall be developed to monitor implementation progress of the Strategy and the Plans. While it takes due note of this information, the Committee notes that no information is provided on the results of the 2019 review or the monitoring mechanisms developed for the Strategy. The Committee requests the Government to provide further information on: (i) the measures taken to implement and monitor the National OSH Strategy and its Joint Annual Action Plans, as well as on the results achieved; and (ii)whether it intends to evaluate the National OSH Strategy 2019, in consultation with the social partners, and how this evaluation will contribute to the formulation of the Strategy for the subsequent period.

Article 5(2)(d) of Convention No. 187. Objectives, targets and indicators of progress. The Committee notes that the OSH Strategy states that stakeholders will collaborate to identify a set of valid and reliable indicators for measuring progress towards the Strategy’s outputs and activities. It also notes that statistical indicators related to work-related diseases and accidents, as well as indicators related to compliance levels, will be used. The Committee requests the Government to provide further information on the indicators selected, that make it possible to evaluate to what extent the objectives of the National OSH Strategy are being achieved, as required by Article 5(2)(d) of the Convention.

Article 5(2)(e) of Convention No. 187. Complementary national programmes. The Committee requests the Government to provide further information on any complementary programmes and plans that assist in progressively achieving a safe and healthy working environment.

• Action at the level of the undertaking

Articles 13 and 19(f) of Convention No. 155. Protection of workers who have removed themselves from a situation presenting an imminent and serious danger. The Committee notes that the legislation currently does not provide for protection from undue consequences when a worker removes himself from a work situation which he has reasonable justification to believe presents an imminent and serious danger to his life or health. In this regard, it notes the Government’s indication that a ministerial order proposing to introduce this protection has been submitted to the competent authority, after consultation with the employers’ and workers’ organizations. The Committee requests the Government to provide information on any progress made towards the adoption of the ministerial order that gives full effect to Articles 13 and 19(f) of the Convention and to provide a copy of the relevant legislation once adopted.

Article 17 of Convention No. 155. Collaboration between two or more undertakings. The Committee notes that the Government refers to section 3 of Ministerial Order No. 02 of 17 May 2012 determining conditions for occupational health and safety, which provides that when there is more than one company or cooperative housed in a single enterprise, each company or cooperative shall have at least one employer’s representative and one employee’s representative in the OSH committee of the enterprise. While it takes due note of this information related to representation on OSH committees, the Committee requests the Government to provide further information on the measures taken or envisaged to give effect to Article 17 of Convention No. 155 to ensure that whenever two or more undertakings engage in activities simultaneously at one workplace, they shall collaborate in applying the OSH requirements.

Article 19(c) of Convention No. 155. Right of workers’ representatives to consult their representative organizations. The Committee notes that the Government refers to sections 30 and 31 of Ministerial Order No. 003/19.20 of 17 March 2020 which provide that representatives of workers shall have the right to receive and request information on the enterprise, including information on OSH. However, it notes that the ministerial order does not clearly state that they shall also have the right to consult with their representative organizations, provided they do not disclose commercial secrets. The Committee therefore requests the Government to provide information on the measures which are in place for workers’ representatives to consult with their representative organizations about the information envisaged in Article 19(c), provided they do not disclose commercial secrets.

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

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 Convention No. 155 (occupational safety and health) and Convention No. 187 (promotional framework for OSH) together.

The Committee notes the Government’s first reports on the application of these Conventions.

I.Action at the national level

Articles 1 and 2 of Convention No. 155. Scope. The Committee notes that the Government’s report does not explicitly identify the branch of economic activity excluded, as permitted by Articles 1 and 2 of the Convention. However, the Government refers to section 2 of Law No. 66/2018 of 30 August 2018 regulating labour in Rwanda (the Labour Code), indicating that it applies to: (a) the private sector, (b) the public sector, unless otherwise provided by the general statutes for public service; (c) apprentices, (d) interns, (e) self-employed persons with regard to OSH, and (f) the informal sector employees with regard to OSH. The Committee further notes that the National OSH Policy 2014 applies equally to the public and private sectors, and to the formal and informal sectors. The Committee requests the Government to clarify whether the OSH provisions contained in the Labour Code apply to all branches of the public sector, and if not, to indicate which parts of the public sector are excluded. If any public sector workers are excluded, the Committee requests the Government to indicate the measures taken to ensure adequate OSH protection for these workers.

Article 2(3) of Convention No. 187. Periodic consideration of measures that could be taken to ratify relevant occupational safety and health Conventions of the ILO. The Committee notes the ratification by Rwanda, in 2019, of the Labour Administration Convention, 1978 (No. 150). The Committee requests the Government to continue to provide information on the periodic consideration of the measures that could be taken to ratify relevant OSH Conventions by the National Labour Council.

National policy

Articles 4 and 7 of Convention No. 155, and Articles 3 and 4(3)(a) of Convention No. 187. National OSH policy. The Committee notes that, under section 3(2) of Prime Minister’s Order No. 087/03 of 14 August 2020, the Ministry of Public Service and Labour (MIFOTRA) is responsible for initiating laws and policies on OSH. It takes note of the National OSH Policy 2014, its primary objective being to reduce the number of work-related accidents and diseases in Rwanda, which “requires the adoption and implementation of a culture of prevention by Government, employers and workers”. The Government indicates that the National OSH Policy 2014 was reviewed in 2019 through the National OSH Strategy, after consultation with the National Labour Council (NLC), the national tripartite consultation body. The Committee further notes the Government’s indication that, in 2019, the national OSH country profile was reviewed. The Committee requests the Government to provide additional information on: (i) the review of the National OSH Policy which took place in 2019, including the consultations with the organizations of workers and employers, as well as on any subsequent reviews; (ii) the activities of the MIFOTRA and the NLC on the review of the OSH policy, including the frequency of the meetings of the NLC in practice, and the OSH issues discussed at the meetings; and (iii) further measures taken to review the situation of OSH and the working environment in the country, either overall or in respect of particular areas, with a view to identifying major problems and effective methods for dealing with them, in conformity with Article 7 of Convention No. 155.

Article 5(e) of Convention No. 155. Spheres of action in the national OSH policy. Protection of workers and their representatives from disciplinary measures. The Committee requests the Government to provide information on whether the National OSH Policy takes into account the protection of workers and their representatives from disciplinary measures as a result of actions properly taken by them in conformity with the OSH policy.

National system

Article 4(1) of Convention No. 187. Periodic review of the national system and national legislation. The Committee notes the Government’s indication that its legislation is periodically reviewed in order to achieve decent work in the country. In this regard, the Government refers to the adoption, in 2018, of the new Labour Code, and to the National OSH Strategy 2019, which reviewed the National OSH Policy. Given the importance of progressively developing and periodically reviewing the components of the national OSH system, the Committee encourages the Government to continue to undertake consultations with the most representative organizations of employers and workers on OSH legislation and regulations, with a view to addressing any exclusions or gaps in coverage identified in the legislative framework.

Article 11(b) and (f) of Convention No. 155. Determination of work processes and of substances and agents the exposure to which is to be prohibited, limited or made subject to authorization or control. Systems to examine chemical, physical and biological agents. The Committee notes that section 16 of Law No. 30/2012 of 1 August 2012 governing agrochemicals provides that a list of registered and prohibited agrochemicals shall be published in a ministerial order. The Committee further notes that Annex I of Ministerial Order No. 002/11.30 of 14 July 2016 determining regulations governing agrochemicals establishes a list of prohibited agrochemicals, and Annex II establishes a list of registered agrochemicals.The Committee requests the Government to provide further information on how it is ensured that the competent authorities carry out the functions of: (i) the determination of substances and agents the exposure to which is to be prohibited, limited or made subject to authorization or control by the competent authority or authorities, in sectors other than agriculture (Article 11(b)); and (ii) the introduction or extension of systems to examine chemical, physical and biological agents in respect of the risk to the health of workers, taking into account national conditions and possibilities (Article 11(f)).

Articles 11(c) and (e) of Convention No. 155, and Article 4(3)(f) of Convention No. 187. Collection and analysis of data on occupational injuries and diseases. Production of annual statistics and annual publication of information on measures taken in pursuance of the OSH policy. The Committee notes that the National OSH Policy 2014 provides that the MIFOTRA shall produce and publish periodic reports on the OSH situation in the country. In doing so, the MIFOTRA shall work closely with stakeholders, especially the Rwandan Social Security Board, to facilitate the reporting of key statistical indicators relating to OSH, including rates of occupational deaths, injuries and diseases. The Committee also notes the Government’s indication that, for the collection and analysis of data on occupational injuries and diseases, it makes use of: (a) data from the Rwanda Social Security Board on occupational injuries compensation; (b) data from National Institute of Statistics of Rwanda (NISR) surveys; (c) data from labour inspection, namely the Integrated Labour Administration System (ILAS) which supports data recording, reporting and keeping; and (d) data from different institutions such as Rwanda Mining, Petroleum and Gas Board (RMB). However, the Committee notes that no information is provided on the number of occupational injuries. The Committee therefore requests the Government to provide information on: (i) the measures taken to ensure the production and publication of annual statistics on both occupational accidents and diseases; and (ii) the number of occupational accidents and diseases reported.

Article 12 of Convention No. 155. Obligations of those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee notes the Government’s reference, with respect to Article 12, to Chapter IV of Ministerial Order No. 02 of 17 May 2012 determining conditions for occupational health and safety, but it notes that this Ministerial Order only addresses obligations of the employer, and it recalls that Article 12 concerns the obligations of those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee therefore requests the Government to provide information on the measures taken, in law and in practice, to determine the obligations of those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use, as set out in clauses (a) (satisfy themselves that the machinery, equipment or substances do not entail dangers to safety and health); (b) (make available information and instructions); and (c) (keep abreast studies and research) of Article 12.

Article 15 of Convention No. 155. Necessary coordination between various authorities and bodies. The Committee notes the information provided by the Government indicating that the MIFOTRA is the government institution with the mandate to promote and coordinate OSH issues. The Committee further notes, from the National OSH Policy 2014, that local government structures (districts, sectors and cells) have the mandate to implement and coordinate government policies and develop programmes at their respective levels. The Policy also identifies inadequate mechanisms for the coordination of OSH activities as a weakness within the OSH system. In addition, the Committee notes that the National OSH Policy plans for the establishment of “an entity in Public and Private sectors with a mandate to coordinate OSH in the country” and a “National OSH Steering Committee in Public and Private Sectors”. In this regard, the Committee notes the Government’s declaration that the National OSH Steering Committee has been established, and that all tripartite constituents are represented. The Committee requests the Government to provide further information on: (i) the functioning in practice of the coordination mechanisms established by the National OSH Policy 2014; (ii) any measures taken to ensure coordination between the different authorities that have inspection and enforcement duties on OSH; and (iii) the activities of the National OSH Steering Committee and its contribution to the implementation of the Convention in the country. Noting that the National OSH Policy also provides for the establishment of an entity in the public and private sectors, mandated to coordinate, the Committee requests the Government to provide information on: (i) whether such an entity has been established; and (ii) how its activities differ from those of the National OSH Steering Committee.

Article 4(3)(d) of Convention No. 187. Occupational health services.The Committee notes the Government’s general declaration that occupational health services are provided by private consultancy services and non-governmental organizations. The Committee requests the Government to provide further information on the provision of occupational health services at the level of the undertaking.

Article 4(3)(g) of Convention No. 187. Collaboration with relevant insurance and social security schemes for occupational injuries and diseases. The Committee notes that Outcome 3 of the National OSH Strategy 2019 aims to enhance the coverage and compensation on occupational injuries, through an increased affiliation coverage to occupation injuries schemes and enhanced compensation for occupation injuries. The Committee requests the Government to provide information on the collaboration between the authorities responsible for OSH and relevant insurance and social security schemes, including in the framework of the National OSH Strategy 2019.

National programme

Article 5(1), 5(2)(c) and 5(3) of Convention No. 187. Formulating, implementing, monitoring, evaluating, periodically reviewing and promoting a national programme on OSH. The Committee takes note of the indication of the Government that the National OSH Strategy 2019 was adopted, in consultation with the NLC, and that it was communicated to the public through a Cabinet Communiqué and various platforms, including the website of the Office of the Prime Minister and the MIFOTRA. The Government adds that the 2019 review of the national OSH country profile informed the contents of National OSH Strategy and its implementing programme. The Committee also notes that the Strategy foresees the development of Joint Annual Action Plans and that, under Outcome VIII.1, monitoring and evaluating mechanisms shall be developed to monitor implementation progress of the Strategy and the Plans. While it takes due note of this information, the Committee notes that no information is provided on the results of the 2019 review or the monitoring mechanisms developed for the Strategy. The Committee requests the Government to provide further information on: (i) the measures taken to implement and monitor the National OSH Strategy and its Joint Annual Action Plans, as well as on the results achieved; and (ii)whether it intends to evaluate the National OSH Strategy 2019, in consultation with the social partners, and how this evaluation will contribute to the formulation of the Strategy for the subsequent period.

Article 5(2)(d) of Convention No. 187. Objectives, targets and indicators of progress. The Committee notes that the OSH Strategy states that stakeholders will collaborate to identify a set of valid and reliable indicators for measuring progress towards the Strategy’s outputs and activities. It also notes that statistical indicators related to work-related diseases and accidents, as well as indicators related to compliance levels, will be used. The Committee requests the Government to provide further information on the indicators selected, that make it possible to evaluate to what extent the objectives of the National OSH Strategy are being achieved, as required by Article 5(2)(d) of the Convention.

Article 5(2)(e) of Convention No. 187. Complementary national programmes. The Committee requests the Government to provide further information on any complementary programmes and plans that assist in progressively achieving a safe and healthy working environment.

II.Action at the level of the undertaking

Articles 13 and 19(f) of Convention No. 155. Protection of workers who have removed themselves from a situation presenting an imminent and serious danger. The Committee notes that the legislation currently does not provide for protection from undue consequences when a worker removes himself from a work situation which he has reasonable justification to believe presents an imminent and serious danger to his life or health. In this regard, it notes the Government’s indication that a ministerial order proposing to introduce this protection has been submitted to the competent authority, after consultation with the employers’ and workers’ organizations. The Committee requests the Government to provide information on any progress made towards the adoption of the ministerial order that gives full effect to Articles 13 and 19(f) of the Convention and to provide a copy of the relevant legislation once adopted.

Article 17 of Convention No. 155. Collaboration between two or more undertakings. The Committee notes that the Government refers to section 3 of Ministerial Order No. 02 of 17 May 2012 determining conditions for occupational health and safety, which provides that when there is more than one company or cooperative housed in a single enterprise, each company or cooperative shall have at least one employer’s representative and one employee’s representative in the OSH committee of the enterprise. While it takes due note of this information related to representation on OSH committees, the Committee requests the Government to provide further information on the measures taken or envisaged to give effect to Article 17 of Convention No. 155 to ensure that whenever two or more undertakings engage in activities simultaneously at one workplace, they shall collaborate in applying the OSH requirements.

Article 19(c) of Convention No. 155. Right of workers’ representatives to consult their representative organizations. The Committee notes that the Government refers to sections 30 and 31 of Ministerial Order No. 003/19.20 of 17 March 2020 which provide that representatives of workers shall have the right to receive and request information on the enterprise, including information on OSH. However, it notes that the ministerial order does not clearly state that they shall also have the right to consult with their representative organizations, provided they do not disclose commercial secrets. The Committee therefore requests the Government to provide information on the measures which are in place for workers’ representatives to consult with their representative organizations about the information envisaged in Article 19(c), provided they do not disclose commercial secrets.