Solicitud directa (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Santo Tomé y Príncipe

Convenio sobre seguridad y salud de los trabajadores, 1981 (núm. 155) (Ratificación : 2005)
Convenio sobre la seguridad y la salud en la agricultura, 2001 (núm. 184) (Ratificación : 2005)

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 155 (OSH) and 184 (safety and health in agriculture) together.

General provisions

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

The Committee notes the information provided by the Government in reply to its previous request relating to Articles 5(c) (training and education), 5(e) (protection of workers from disciplinary measures) and 14 (inclusion of occupational safety and health and the working environment at all levels of education and training) of the Convention.

Articles 1 and 2 of the Convention. Scope of application. The Committee notes the Government’s indication that occupational safety and health (OSH) is a right of all workers and that the General Labour Inspectorate (IGT) at the Ministry of Health, Labour and Solidarity and the Public Administration Inspectorate have the mandate to intervene and promote compliance with this principle. The Committee once again requests the Government to indicate the manner in which it ensures that workers in the activities excluded from the application of sections 436–526 of the Labour Code relating to OSH (pursuant to section 438(3)) benefit from the provisions of the Convention, and to provide a copy of any relevant legislation in this respect.

Articles 4, 7 and 8. National OSH policy and review of the national OSH situation in consultation with the most representative employers’ and workers’ organizations. The Committee notes the Government’s indication, in reply to its previous comment, that under section 3 of Act No. 1/1999, the National Council for Social Dialogue is responsible for issuing opinions on working conditions and labour relations, including OSH, and also protection in cases of occupational accidents and diseases. The Committee requests the Government to indicate the manner in which the National Council for Social Dialogue has participated in the formulation and adoption of the provisions relating to OSH in the Labour Code and on what matters it was consulted in this respect. The Committee also once again requests the Government to take steps to periodically review the national OSH policy through consultations with the National Council for Social Dialogue, and to provide information on progress made in this regard. The Committee further requests the Government to take the necessary measures to ensure the periodic review of the national situation regarding OSH and the working environment.

Articles 5(d) and 20. Communication and cooperation at the level of the undertaking. The Committee notes the Government’s indication that there has still been no progress on establishing safety and health committees but that it intends to implement measures in order to achieve this objective. The Committee requests the Government to provide detailed information on the measures taken or envisaged to establish safety and health committees in the workplace.

Articles 6 and 15. Functions and responsibilities of public authorities, employers and workers.Necessary coordination between various authorities and bodies. The Committee notes the Government’s indication that the National Council for Social Dialogue is chaired by the Prime Minister and that the Ministry Health, Labour and Solidarity participates in it. The Government also indicates that the communication of the reports prepared by the Government and the respective measures adopted comply with the provisions of the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), and the ILO Constitution. The Committee requests the Government to provide more detailed information on the steps taken or envisaged to define the respective functions and responsibilities of the public authorities, including the Ministry of Health, Labour and Solidarity and the tripartite National Council for Social Dialogue, in the fields of OSH and the working environment. The Committee also once again requests the Government to supply information on the measures taken or envisaged to ensure the necessary coordination between the various authorities and organizations responsible for giving effect to the provisions of the Convention, and on the consultations held with the most representative employers’ and workers’ organizations regarding these measures and their results.

Article 9(1). Enforcement of laws and regulations concerning OSH through an adequate and appropriate system of inspection. The Committee notes with concern the Government’s indication in its report on the Labour Inspection Convention, 1947 (No. 81), that although it will make efforts to recruit more labour inspectors, limited financial resources represent an obstacle. However, the Committee also notes the Government’s indication that the IGT has a sufficient number of inspectors to cover scheduled inspections. The Committee refers the Government to its comments on the Labour Inspection Convention, 1947 (No. 81), in which it highlights the need for an adequate and appropriate system of labour inspection.

Article 9(2). Adequate penalties for violations. The Committee notes the Government’s indication that, with regard to section 533 of the Labour Code, in the event of non-compliance with the OSH technical standards established in the Labour Code, the employer is penalized with a fine, which varies according to the type of offence detected. The Committee requests the Government to provide information on the application of the relevant provisions in practice, including the number of violations detected and the penalties imposed.

Article 11(a) and (b). Determination of design, construction and layout of undertakings and safety of technical equipment. Prohibition, limitation or authorization of work processes, substances and agents. The Committee notes the Government’s indication that there are specific methods for the handling of hazardous materials or materials presumed to be hazardous and also organizations designated to supervise them. The Government also states that it will provide more detailed information in subsequent reports. The Committee requests the Government to indicate in detail the measures taken or envisaged to ensure that the competent authorities progressively carry out the functions set out in Article 11(a) and (b) relating to the determination of conditions governing the design, construction and layout of undertakings, the commencement of their operations, major alterations and changes in their purposes, the safety of technical equipment used at work, and the application of procedures; as well as the determination of the prohibition, limitation or authorization or control of work processes, substances and agents.

Article 11(c). Procedures for the notification of occupational accidents and diseases and production of annual statistics. The Committee notes the Government’s indication, in reply to its previous comment, that collaboration will take place, through the IGT, with hospital institutions in order to obtain direct information on occupational accidents and diseases for the compilation of annual statistics. The Committee also notes the Government’s indication in its report on Convention No. 81 that the IGT recorded a total of 221 occupational accidents, of which two were fatal. However, according to the Government’s above-mentioned report, the lack of specialization in occupational medicine in the country results in the lack of recording of occupational diseases, with potential cases considered as common illnesses. The Committee requests the Government to continue providing information on progress in the collaboration between the IGT and hospital institutions, and also on other measures taken or envisaged to ensure the production of annual statistics on occupational accidents and diseases, and to provide information on any progress achieved in this respect. The Committee also requests the Government to supply information on the measures taken or envisaged to ensure the correct identification and notification of cases of occupational disease.

Article 11(d). Holding of inquiries. The Committee notes the Government’s indication, in reply to its previous comment, that a study will be conducted on occupational accidents and diseases. The Committee requests the Government to take the necessary steps to give full effect to Article 11(d) of the Convention by providing for the holding of inquiries where cases of occupational accidents, occupational diseases or any other injuries to health which arise in the course of or in connection with work appear to reflect situations which are serious.

Article 11(e). Publication of information on the implementation of the national policy. The Committee notes the Government’s indication that although it has not disseminated information on occupational accidents and diseases, it recognizes the importance of such statistics and will make the necessary efforts to conduct and publish in-depth investigations on this subject. The Committee requests the Government to provide information on the measures taken or envisaged to ensure the annual publication of information on OSH measures taken pursuant to the national OSH policy, and on occupational accidents and diseases.

Article 11(f). Systems to examine chemical, physical and biological agents. The Committee notes the Government’s indication that the matter referred to in Article 11(f) of the Convention is covered by specific legislation which prescribes the inspection of chemicals and chemical reagents. The Committee requests the Government to specify which provisions give effect to Article 11(f) of the Convention and to provide a copy of the relevant laws or regulations.

Article 12(b) and (c). Obligations of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee notes the Government’s indication that it will take all possible steps to monitor this matter. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use make information available concerning the correct installation and use of all types of machinery and equipment, and to provide further information on the manner in which it ensures that those persons keep abreast of the necessary scientific and technical knowledge.

Article 13. Right of workers to remove themselves from a work situation they believe to present a danger. The Committee notes the Government’s indication that it has duly noted its requests and that it intends to collaborate with the trade unions to address in future the issue of the right of workers to remove themselves from a work situation which they believe presents an imminent or serious danger. The Committee requests the Government to take specific measures to ensure that workers who remove 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 and that the employer cannot require workers to return to a work situation where there is continuing imminent and serious danger to life or health.

Article 16(2). Employers’ OSH responsibilities to ensure protection from health risks related to chemical, physical and biological substances and agents.The Committee once again requests the Government to provide information on the measures taken to give full effect to Article 16(2) of the Convention in order to make sure that it is the responsibility of employers to ensure that the chemical, physical and biological substances and agents under their control are without risk to health when the appropriate measures of protection are taken is applicable to all workplaces and workers.

Article 17. Collaboration between undertakings engaging in activities simultaneously at one workplace.Noting the Government’s indication that it will take the appropriate measures in this respect, the Committee once again requests the Government to take the necessary measures, in accordance with Article 17, to ensure that whenever two or more undertakings engage in activities simultaneously at one workplace, they collaborate in applying the requirements of the Convention.

Article 19(b), (c) and (e). Cooperation of workers’ representatives and the employer. Information to and consultation with workers’ representatives on OSH measures taken by the employer. Ability of workers and their representatives to enquire into and be consulted on all aspects of OSH associated with their work. The Committee notes the Government’s indication concerning the existence of close cooperation between workers’ representatives and the institutions responsible for OSH, with penalties prescribed in the event of non-compliance with the regulations. It also notes the Government’s indication that access to information is a right enshrined in the Constitution and that all available information must be given to the workers to optimize the performance of their duties. However, it notes that the Government has not provided detailed information on the specific measures taken or envisaged to ensure that: (i) workers’ representatives cooperate with the employer in the field of OSH (Article 19(b)); (ii) workers’ representatives in the undertaking are given adequate information on measures taken by the employer to secure OSH and may consult their representative organizations about such information provided that they do not disclose commercial secrets (Article 19(c)); and (iii) workers or their representatives have the right to enquire into all aspects of OSH associated with their work and have the possibility of recourse to technical advisers from outside the undertaking (Article 19(e)). The Committee therefore requests the Government to provide information on the measures taken or envisaged to give effect to Article 19(b), (c) and (e) of the Convention.

Specific branches of activity

Safety and Health in Agriculture Convention, 2001 (No. 184)

The Committee notes the information provided by the Government in response to its previous request concerning Articles 20 (working time arrangements) and 21 (coverage for occupational injuries and diseases) of the Convention.

Article 4(1) of the Convention. Adoption of a coherent national policy on safety and health in agriculture, after consultations with most representative organisations of workers and employers. Referring to its comments under Articles 4, 7 and 8 of Convention No. 155, the Committee requests the Government to provide information on the implementation of the national OSH policy in the agricultural sector, as well as its periodic review.

Article 4(2)(c). Mechanisms of inter-sectorial coordination. The Committee requests the Government to provide information on measures adopted or envisaged to establish inter-sectorial mechanisms among relevant authorities and bodies for the agricultural sector.

Article 5. Labour inspection services in agriculture. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that an adequate and appropriate system of inspection for agricultural workplaces is in place and is provided with adequate means.

Article 6(2). Cooperation between two or more employers in an agricultural workplace. Referring to its comments above on Article 17 of Convention No. 155, the Committee requests the Government to provide information on the measures adopted or envisaged in order to ensure that whenever in an agricultural workplace two or more employers undertake activities, or whenever one or more employers and one or more self-employed persons undertake activities, they shall cooperate in applying the safety and health requirements.

Article 7(c). Duty of employers to stop any operation in situations of imminent and serious danger to safety and health. The Committee refers to its comments above under Article 13 of Convention No. 155.

Article 8(1)(a) and (b).Right of workers to be consulted and to participate in the application and review of safety measures, and to select safety and health representatives.The Committee requests the Government to provide information on measures adopted or envisaged to ensure that workers have the right to be consulted on safety and health matters, including risks from new technologies, and the right to participate in the application and review of OSH measures. It also requests the Government to provide information on the manner in which it is ensured that workers have the right to select safety and health representatives and representatives in safety and health committees. The Committee also refers to its comments above under Article 19(b), (c) and (e) of Convention No. 155.

Articles 9(2) and 10. Machine safety and ergonomics. The Committee notes the information provided by the Government that the country does not have large-scale agriculture that requires heavy machinery, as its agriculture is predominantly small-scale. The Committee requests the Government to provide information on the measures taken to ensure that manufacturers, importers and suppliers of machinery, equipment (including personal protective equipment) and hand tools used in agriculture comply with prescribed safety and health standards, and provide adequate and appropriate information, including hazard warning signs to the users and, on request, to the competent authority (Article 9(2)). The Committee also requests the Government to provide information on measures taken to ensure that national laws and regulations: (i) prohibit the use of all agricultural machinery and equipment for purposes other than those initially envisaged (Article 10(a)); and (ii) require that all agricultural machinery and equipment be operated by trained and competent persons (Article 10(b)).

Article 11. Evaluation of risks, consultation and establishment of health and safety requirements for handling and transport of materials. The Committee notes the Government’s indication that the Labour Directorate of the Ministry of Labour and Solidarity needs to validate employment contracts, and the contract specifies the type of work and tasks to be performed by the worker. It also notes that section 47 OSH Act and section 485 of the Labour Code establish safety and health requirements for the handling and transport of materials. The Committee requests the Government to provide information on the measures taken to ensure that the health requirements for the handling and transport of materials are adopted based on risk assessment, technical standards and medical opinion.

Article 12. Appropriate system for the importation, classification, packaging and labelling of chemicals, and adequate information. Disposal of chemical waste. The Committee requests the Government to provide information on measures taken to ensure that there is an appropriate system establishing specific criteria for the importation, classification, packaging and labelling of chemicals used in agriculture and for their banning or restriction. It also requests the Government to provide information on the manner in which it ensures: (i) the duty of those who produce, import, provide, sell, transfer, store or dispose of chemicals to comply with standards and to provide information; and (ii) that there is a suitable system for the safe collection, recycling and disposal of chemical waste, obsolete chemicals and empty containers of chemicals so as to avoid their use for other purposes and to eliminate or minimize the risks to safety and health and to the environment.

Article 13. Handling of chemical waste. Further to its previous comment, the Committee notes the Government’s indication that the requirements of this Article are being implemented, despite the absence of a dedicated legal framework regulating the handling of chemical waist. The Committee requests the Government to provide more information on the preventive and protective measures adopted for the use of chemicals and handling of chemical waste at the level of the undertaking. It also requests the Government to provide information on any measures taken or envisaged to adopt regulations on the matter.

Article 14. Protection against biological hazards. In response to its previous comments, the Committee notes the Government’s indication that the Ministry of Agriculture ensures that procedures are in place to minimize the potential risk of infections from biological agents. The Government also indicates that the country maintains a list of diseases and infections that may result from the improper use of biological agents. The Committee requests the Government to provide further information on measures taken, including by the Ministry of Agriculture, to ensure that risks associated with handling biological agents are kept to a minimum, and activities involving animals, livestock and stabling areas, comply with national or other recognized health and safety standards.

Article 15. Construction, maintenance and repairing of agricultural installations. The Committee notes that requirements for the construction of buildings and other structures are outlined in Chapter XVII, Section III, Subsection I of the Labour Code and Chapter II, Section I of the OSH Act, and that section 511 of the Labour Code and section 73 of the OSH Act establish the obligation to maintain workplaces in good hygienic conditions. It also notes the Government’s indication that, in accordance with the procedures of the Ministry of Agriculture, the storage and preservation of produce must comply with all requirements set by the Agriculture Directorate. The Committee requests the Government to provide further information on the specific requirements for the construction, maintenance and repair of agricultural installations.