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

Rwanda

Convenio sobre seguridad y salud de los trabajadores, 1981 (núm. 155) (Ratificación : 2018)
Convenio sobre el marco promocional para la seguridad y salud en el trabajo, 2006 (núm. 187) (Ratificación : 2018)

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 The Committee also notes that this Order repealed Ministerial Order No. 02/MIFOTRA/22 of 30 August 2022 which, in turn, repealed Ministerial Order No. 02 of 17 May 2012, determining conditions for OSH, and Ministerial Order No. 01 of 15 January 2015, determining modalities of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provide clarifications on the current regulatory framework governing the elements that were previously regulated in the repealed Ministerial Orders of 2012 and 2015 and that are not addressed in Ministerial Order No. 02/MIFOTRA/23.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.