Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

In order to provide a comprehensive view of the issues relating to the application of ratified occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine Conventions Nos 155 (OSH) and 187 (promotional framework for OSH) together.

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

The Committee requests the Government to provide information on the application in law and in practice of Article 11(f) (introduction or extension of systems to examine chemical, physical and biological agents in respect of the risk to the health of workers), Article 11(b) (prohibition, limitation or authorization of work processes, substances and agents), Article 12 (obligations of those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use), and Article 17 (collaboration between enterprises engaged in activities simultaneously at one workplace) of Convention No. 155, as well as of Article 2(2) and (3) (account taken of principles in ILO instruments relevant to the promotional framework for OSH and consultations with the social partners to ratify relevant OSH Conventions), Article 4(3)(g) collaboration with relevant insurance or social security schemes), and Article 4(3)(h) (support mechanisms for progressive improvement of OSH conditions in microenterprises, SMEs and in the informal economy) of Convention No. 187.

• Action at national level

Article 1 of Convention No. 155. Scope of application. The Committee notes that the new Labour Code, brought into effect in 2025, excludes from its scope the national defence forces, the police, corrections and security agencies. The Committee requests the Government to provide information on the measures taken or envisaged to give adequate protection to those employed in the said services and agencies, including in particular legislative measures.

National policy

Articles 4 and 7 of Convention No. 155 and Article 3 of Convention No. 187. The Committee notes the adoption of the first National OSH Policy in 2023, developed through tripartite consultations and with the support of the ILO. It notes that the National OSH Policy requires a full review every three years, which, according to the Government’s indication in its report, is to be carried out in consultation with tripartite stakeholders in order to ensure its relevance and alignment with emerging risks. The Committee requests the Government to provide information on the implementation of the 2023 National OSH Policy and the results achieved. It also requests the Government to provide information on subsequent measures taken to ensure its periodic review, in consultation with the most representative workers’ and employers’ organizations concerned. It requests the Government to indicate the way in which the review contributes to the formulation of the National OSH Policy for the subsequent period.

Articles 5(c) and 14 of Convention No. 155. Inclusion of questions of occupational safety and health and the working environment at all levels of education and training. The Committee notes that the 2023 National OSH Policy emphasizes the need for continuous OSH training and points to a lack of awareness of OSH amongst workers, employers, government and the general public, and inadequate OSH training and skills’ development. The Committee requests the Government to indicate the measures taken to address these challenges. It also requests the Government to indicate the measures taken or envisaged to promote the inclusion of questions of OSH and the working environment at all levels of education and training.

Article 15 of Convention No. 155. Necessary coordination between various authorities and bodies. The Committee notes that the 2023 National OSH Policy envisages the establishment of a National OSH Commission, tasked with coordinating multi-sectoral implementation across government agencies, employers’ and workers’ organizations. The Committee requests the Government to indicate whether the Commission has been established and to provide information on its activities.

National system

Article 9 of Convention No. 155 and Article 4(2)(c) of Convention No. 187. Mechanisms for ensuring compliance, including through an adequate and appropriate system of inspection and adequate penalties. The Committee notes that the new Labour Code provides for a system of inspection and a series of penalties for violations of OSH-related obligations. The Government indicates that challenges persist in the area of enforcement capacity, referring to limited OSH expertise and a shortage of trained inspectors, limited OSH inspections due to a lack of resources and low compliance. The Committee requests the Government to provide information on the measures taken or envisaged to strengthen the enforcement of OSH legislation through reinforcing its labour inspection system. It requests the Government to provide information on violations detected and penalties imposed in relation to OSH.

Article 4(3)(a) of Convention No. 187. National tripartite advisory body. The Committee notes that the new Labour Code provides for the establishment of the Federal Labour Commission. It notes that, although representatives of workers’ and employers’ organizations may be appointed by the Minister, the Commission is not a tripartite body by design. The Committee requests the Government to indicate whether there exists a national tripartite advisory body that addresses OSH issues.

Article 4(3)(d) of Convention No. 187. Occupational health services. The Committee notes that under section 38 of the new Labour Code, regulations may be adopted to require medical surveillance of employees. The Committee requests the Government to indicate whether such regulations have been adopted and to provide additional information on the provision of occupational health services in law and practice at the workplace level.

Article 11(c) and (e) of Convention No. 155 and Article 4(3)(f) of Convention No. 187. Occupational accidents and diseases. Procedures for notification, collection and analysis of data and annual publication of information. The Committee notes the procedure for the notification of occupational accidents and diseases established under sections 40 and 41 of the new Labour Code. At the same time, it notes that according to the Government, one of the main challenges is the weak OSH data collection and reporting systems. The Committee requests the Government to provide information on the application in practice of the procedure for the notification of occupational accidents and diseases, and to provide information on the measures taken or envisaged to collect and publish annually statistics on occupational accidents and diseases and information on the measures taken in relation to OSH. It also requests the Government to provide the latest statistics on this subject.

National Programme

Article 5 of Convention No. 187. National OSH programme. The Committee notes the Government’s indication that the first national OSH programme is under way for priority sectors such as construction, mining, agriculture, fishing and healthcare. The Committee requests the Government to provide information on measures taken to establish a national OSH programme in consultation with the employers’ and workers’ organizations consulted, in accordance with Article 5

II. Action at the level of undertaking

Articles 13 and 19(f) of Convention No. 155. The Committee notes that section 35 of the new Labour Code protects employees from retaliation when they submit a notification or a complaint to the employer about unsafe conditions. The Committee requests the Government to indicate themeasures taken to ensure that: (i) 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 (Article 13); and (ii) an employer cannot require workers to return to a work situation where there is continuing imminent and serious danger to life or health (Article 19(f)).

Article 19(b), (c) and (e) and 20 of Convention No. 155 and Article 4(2)(d) of Convention No. 187. Co-operation between management, workers and their representatives. Provision of information to representatives on measures taken and consultation with representative organizations about such measures. Enquiries by workers and their representatives, and their consultation on all aspects of OSH. The Committee notes that section 35 of the new Labour Code provides for the establishment of a safety and health committee at the workplace in accordance with regulations prescribed by the Minister if there are 20 or more persons employed at the workplace; or if the Director of OSH directs the establishment of such a committee at any workplace. It also notes that section 44 requires that workers are informed of OSH procedures but does not provide for such right to workers’ representatives. The Committee observes that the national legislation does not clearly provide for the right of workers to enquire into OSH-related matters. The Committee requests the Government to indicate whether regulations providing for the functioning of the safety and health committees have been adopted and to provide information on how it ensures cooperation between management and workers and/or their representatives within undertakings employing less than 20 workers.The Committee requests the Government to provide information on the measures taken or envisaged to ensure that representatives of workers are given adequate information on the measures taken by employers to ensure OSH. It also requests the Government to provide information on measures taken or envisaged to ensure that workers or their representatives can inquire into and be consulted on all aspects of OSH.

Article 19(d) of Convention No. 155. OSH training to workers’ representatives. The Committee observes that the new Labour Code includes several provisions that provide for OSH training of workers. Recalling that pursuant to Article 19(d) of the Convention, representatives of workers in the undertaking shall also be given appropriate training in OSH, the Committee requests the Government to provide information on measures taken to ensure that such representatives are provided with appropriate training on OSH.