Underground Work (Women) Convention, 1935 (No. 45) - Morocco (RATIFICATION: 1956)

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In order to provide an overview of matters relating to the application of the ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine the application of Conventions Nos 13 (white lead, paint), 45 (underground work (women)), 119 (guarding of machinery), 136 (benzene), 162 (asbestos), 176 (safety and health in mines) and 187 (promotional framework for OSH) in a single comment.

A.General provisions

Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)

The Committee notes the Government’s first report on Convention No. 187.

Article 2(3) of the Convention. Ratification of relevant ILO OSH Conventions. The Government indicates in its report that the Department of Employment is currently examining the possibility of ratifying several ILO Conventions in the field of OSH. The Committee requests the Government to continue providing information on the measures taken, including consultation with the most representative employers’ and workers’ organizations, to consider the ratification of relevant ILO OSH Conventions. The Committee takes this opportunity to remind the Government that in June 2022 the International Labour Conference added the principle of a safe and healthy working environment to the fundamental principles and rights at work, thereby amending the ILO Declaration on Fundamental Principles and Rights at Work of 1998. The Committee draws the Government’s attention to the fact that it may request ILO technical assistance to bring the applicable law and practice into conformity with the fundamental OSH Conventions and accordingly promote their ratification and effective application.

National system

Article 4(2)(a). Laws and regulations. The Committee notes the Government’s indication that, within the framework of the National Occupational Safety and Health Programme 2020-24, action is currently being taken to extend the OSH legislative framework and regulations to the public sector (the public service and territorial communities). In this respect, a draft Framework Bill on OSH has been prepared. It is intended to resolve the gaps identified at the legislative level and to adapt the national legislation to international standards in this field. The Committee requests the Government to continue providing information on developments relating to the Framework Bill on OSH and to provide a copy once it has been adopted.

Article 4(3)(f) and (g). Collection and analysis of data on occupational injuries and diseases. Collaboration with insurance and social security schemes. The Committee notes the information provided by the Government, according to which it is endeavouring to improve knowledge of the causes of occupational injuries and diseases by developing a national system for the collection and analysis of reliable statistical data. In this regard, the measures envisaged in the national programme in relation to OSH, include the development of a tool for the analysis of events and occupational accidents and diseases, the regular publication of reports on the causes of occupational accidents and diseases, and the extension of the requirement for insurance for occupational accidents to occupational diseases. The Committee requests the Government to continue providing information on the measures adopted to improve the collection and analysis of data on occupational injuries and diseases, and to strengthen collaboration with insurance and social security schemes, including within the framework of the national programme, and the results achieved.

Article 4(3)(d) and (h). Occupational health services. Occupational safety and health conditions in micro-enterprises, small and medium-sized enterprises and the informal economy. The Committee notes that, according to the information in the 2017 national OSH profile (prepared by a tripartite committee under the Occupational Medicine and Prevention of Occupational Risks Council), small and micro-enterprises (MSEs) represent 95 per cent of the economic fabric and employ over 50 per cent of employees in the private sector. The national profile indicates that the low rate of coverage of occupational health services in MSEs requires particular attention by the public authorities and social and economic partners. In the National OSH Programme, the Government makes a commitment to accompanying enterprises, and particularly MSEs and the informal sector, in their action for prevention. The Committee requests the Government to continue providing information on the measures adopted or envisaged to improve OSH conditions in micro-enterprises, small and medium-sized enterprises and the informal economy, within the framework of the National OSH Programme. In particular, it requests the Government to provide information on the measures taken to broaden the coverage of occupational health services in MSEs, and the results achieved.

National programme

Article 5. Nationalprogramme. The Committee notes the adoption of the National OSH Programme for the period 2020-24. A plan of action for the same period has also been developed setting out the action to be taken. The Government indicates that a steering committee will be established to ensure the follow up and evaluation of the National Programme. The Committee also notes that the national profile, consisting of a diagnosis of the OSH situation in the country, was prepared in 2017. The Committee requests the Government to indicate whether the steering committee has been established and to provide information on its activities to follow up and evaluate the National Programme. It also requests the Government to indicate the measures adopted or envisaged to periodically review the National Programme on the basis of analysis of the national situation.

B.Protection against specific risks

Application in practice of Conventions Nos 13, 119, 136 and 162. The Committee notes the Government’s indication in its report that the National Programme envisages action for the development of an integrated electronic information system on occupational accidents and diseases. The Committee requests the Government to continue providing information on the development of the electronic information system on occupational accidents and diseases. It also requests the Government to continue providing the information available on the application in practice of ratified OHS Conventions, including on the number, nature and causes of reported occupational accidents and diseases.

While Lead (Painting) Convention, 1921 (No. 13)

Articles 1, 2 and 5 of the Convention.Prohibition and regulation of the use of white lead and sulphate of lead, and of all products containing these pigments. Legislation. The Committee notes the Government’s reference, in response to its previous comment, to Order No. 4575-14 of 24 December 2014 of the Ministry of Employment and Social Affairs establishing the conditions for the use of lead and its compounds. Section 2 of the Order provides that the use of lead hydrocarbonate or white lead and lead sulphate, and all products containing any of these substances, is prohibited in any painting work. The Committee notes the Government’s information, which replies to its previous request.

Guarding of Machinery Convention, 1963 (No. 119)

Article 4 of the Convention. Obligations of the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor. The Committee notes section 283 of Dahir No. 1-03-194 of 11 September 2003 promulgating Act No. 65-99 issuing the Labour Code, which prohibits employers from purchasing or hiring machinery or parts of machinery that present a risk of injury for workers and which are not equipped originally with appropriate protection devices of recognized effectiveness. It also notes the Vizirial Order of 11 June 1949 determining the list of machinery or parts of machinery that are hazardous for workers and for which there are protection devices of recognized effectiveness. However, the Committee notes that the Order does not appear to contain provisions specifying the obligations of vendors or hirers. The Committee requests the Government to indicate whether it envisages the adoption of an implementing text for the Labour Code in this regard, which sets out the obligations of the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor.

Asbestos Convention, 1986 (No. 162)

Article 4 of the Convention. Consultation of representative organizations of employers and workers. The Committee notes that, according to the Government’s report, a study was undertaken in 2020 on improving the operation of the tripartite commission responsible for consultations on the application of international labour standards, in the context of the project Advancing the Decent Work Agenda in North Africa, in partnership with the ILO and the Swedish International Development Cooperation Agency (SIDA). The Committee requests the Government to continue providing information on the work of the tripartite commission on the application of the Convention, particularly for the protection of workers against health risks due to occupational exposure to asbestos, with an indication of the employers’ and workers’ organizations consulted, and the outcome of the consultations.

Article 6(2). Cooperation of two or more employers undertaking activities simultaneously at one workplace. The Committee notes the Government’s reply to its previous comment indicating that there is currently no deposit of asbestos that is under active extraction in Morocco. Any future exploitation of these deposits will be subject to the provisions of Act No. 33-13 of 1 July 2015 respecting mines. Accordingly, each mining site will be exploited by a single mining enterprise which holds the related mining licence. The enterprise may have recourse to the services of subcontracting enterprises, but will constantly be required to ensure the application of labour regulations, including in relation to OSH. The Committee recalls that, under the terms of Article 1, the Convention applies to all activities involving exposure of workers to asbestos in the course of work. The Committee requests the Government to provide information on the arrangements for cooperation when several employers undertake activities simultaneously at the same workplace, in addition to extraction activities, particularly in enterprises engaged in the demolition of equipment and works containing asbestos.

Article 8. Cooperation between employers and workers or their representatives. The Committee notes the Government’s reply to its previous comment in relation to section 430 of the Labour Code, in accordance with which, in the case of enterprises employing fewer than 50 employees, delegates of the employees shall be elected in all establishments normally employing at least ten permanent employees, and the delegates shall assume the responsibilities of safety and health committees in such cases. Moreover, in accordance with section 431 of the Labour Code, in the case of establishments employing fewer than ten permanent employees, it is possible to adopt the system of employee delegates, under the terms of a written agreement. The Committee notes the Government’s information, which replies to its previous request.

Article 14. Responsibilities of producers and suppliers of asbestos and of producers and suppliers of products containing asbestos. Further to its previous comment, the Committee notes with interest the adoption of Order No. 06-14 of 2 January 2014 determining the compulsory information, form and arrangements for the placing of labels on goods and products in the commerce and industry sector. Under the terms of section 1, in addition to the identification of goods and products and the indication of their nature and origin, the following information must appear on the label: the composition of the good or product where such information is necessary for consumers to be able to use it in full safety and the specific conditions for use, including necessary precautions. Section 6 provides that this information shall be drawn up in a visible and legible manner and shall be indelible to ensure that the information can be read without difficulty. The Committee notes the information provided by the Government, which replies to its previous comment.

Article 13. Notification by employers to the competent authority of certain types of work involving exposure to asbestos. Article 17. Demolition work. Article 20(4). Right of workers or their representatives to request the monitoring of the working environment. Article 21(3). Appropriate information provided to workers on the results of their medical examinations. Article 22(2). Policies and procedures on measures for education and training. Further to its previous comment, the Committee notes the Government’s indication that orders respecting the protection of employees against risks due to exposure to asbestos are still in the process of being adopted. The Committee requests the Government to take the necessary measures without delay to ensure the application of Articles 13, 17, 20(4), 21(3) and 22(2) of the Convention. In this regard, the Committee requests the Government to continue providing information on the progress made in the process of drawing up and adopting the orders and to provide copies of the orders once they have been adopted.

C.Protection in specific branches of activity

Underground Work (Women) Convention, 1935 (No. 45)

The Committee recalls that the ILO Governing Body (at its 334th Session, October-November 2018), upon the recommendation of the Tripartite Working Group of the Standards Review Mechanism (SRM), classified Convention No. 45 as an outdated instrument and included an item on the agenda of the International Labour Conference in 2024 (112th Session) for its abrogation to be duly taken into consideration. The Governing Body also requested the Office to ensure follow-up with Member States that are currently bound by Convention No. 45 with a view to encouraging the ratification of up-to-date OSH instruments. The Committee therefore invites the Government to give effect to the decision taken by the Governing Body at its 334th Session (October-November 2018) approving the recommendations of the Tripartite Working Group of the Standards Review Mechanism, and to envisage the ratification of more up-to-date instruments in this field.

Safety and Health in Mines Convention, 1995 (No. 176)

Article 2 of the Convention. Scope of application. Further to its previous comment, the Committee notes the Government’s reply in its report to the effect that the draft reform of the staff regulations of mining enterprises has already been developed. As a consequence, all employees of mining enterprises, as well as those of subcontracting enterprises in mines, which normally employ a workforce of over or equal to 100 employees, will be subject to the new staff regulations, and they may be extended by order of the Government authority responsible for mines to mining enterprises with under 100 employees. The Government adds that the draft staff regulations of mining enterprises were the subject of several meetings with various actors in the mining sector, including the representatives of mining enterprises, the most representative unions in the sector and the ministerial departments concerned. The Committee requests the Government to continue providing information on the progress made in the process of drawing up and adopting the staff regulations of mining enterprises and their implementing orders, and to provide a copy of these texts once they have been adopted.

Article 3. Coherent policy on safety and health in mines. The Committee notes the adoption of the national policy on occupational safety and health and the working environment and the national programme, which includes time-bound objectives. The mining sector is one of the priority sectors targeted by the policy and by national programmes and, in this context, the Department of Energy and Mines has been a precursor in the modernization of the OSH legislative framework and regulations. Several draft regulations are in the process of being approved, including the draft reform of the staff regulations of mining enterprises, which is in the process of being adopted, as well as the draft decree issuing General Regulations on the exploitation of mines, which is being drawn up. Moreover, the Department of Energy and Mines is piloting one of the objectives of the national programme, which is to reinforce the prevention of occupational risks in the mining sector through the mapping of risks and the development of a plan to improve OSH. The Committee requests the Government to continue providing information on the implementation of the national OSH policy and programme in the mining sector, including the measures adopted and the results achieved.

Articles 5(2)(c)and 10(d) and (e). Reporting and investigating fatal and serious accidents, dangerous occurrences and mine disasters. Further to its previous comment, the Committee notes that Dahir No. 1.14.190 of 29 December 2014 issued under Act No. 18.12 on compensation for employment accidents (which repealed and replaced Dahir No. 1-60-223 of 6 February 1963) establishes rules on the procedures for the reporting and investigation of employment accidents. Moreover, section 28(2) of Dahir No. 1-60-007 of 24 December 1960 issuing the staff regulations of mining enterprises (hereinafter the staff regulations of mining enterprises) provides that the safety delegate shall proceed without delay to inspect the location where an accident has occurred which has resulted in the death of one or more employees or serious injury, or which may jeopardize the safety of the personnel, and that the notification of the accident shall be provided immediately to the delegate by the mine operator. The safety delegate may be questioned by the officials of the administration responsible for mines with a view to identifying the conditions under which an accident has occurred. In the case of mining enterprises not subject to the staff regulations of mining enterprises, the investigation on the scene shall be undertaken by mining engineers given responsibility for labour inspection in mining enterprises, in accordance with section 530 of the Labour Code. The Committee requests the Government to provide further information on the legislative provisions or established practices in relation to the reporting and investigation of cases of dangerous occurrences (incidents which could give rise to physical injuries or health hazards for persons at work or the public).

Article 5(2)(d). Compilation and publication of statistics on accidents, occupational diseases and dangerous occurrences. The Committee notes the Government’s reply to its previous comment, according to which an application for mining statistics has been purchased with a view to the management of updated data, including mining statistics, on accidents, occupational diseases and dangerous occurrences. This application has reached the final phase of its preparation so as to be able to exploit and export its data, which shall be the basis for any official publication. The Committee requests the Government to continue providing information on the preparation of this application, and to provide the statistics on accidents, occupational diseases and dangerous occurrences contained in the special bulletin published by the Department of Energy and Mines.

Article 5(2)(f). Procedures to ensure the implementation of the rights of workers and their representatives to be consulted on matters and measures relating to safety and health at the workplace. The Committee notes the reference made by the Government, in reply to its previous comment, to the draft reform of the staff regulations of mining enterprises, which broadens their scope of application to mining enterprises normally employing a workforce over or equal to 100 employees, and that it may be extended by order of the government authority responsible for mines to mining enterprises with fewer than 100 employees. The Committee requests the Government to take the necessary measures within the framework of the draft reform of the staff regulations of mining enterprises to ensure that effective procedures are established to ensure the implementation of the rights of workers and their representatives in all mining enterprises, irrespective of the number of workers employed therein, to be consulted on matters and to participate in measures relating to safety and health at the workplace. Once the reform has been completed, the Committee also requests the Government to provide information on the number of mines with fewer than 100 employees in respect of which the Government authority has issued an order for the extension of their scope of application.

Article 5(4)(d). Storage and disposal of hazardous substances and waste produced at the mine. The Committee notes the Dahir of 2 March 1938 issuing regulations on the conditions for the storage and transport of combustible substances, inflammable liquids, powders, explosives, munitions and devices, compressed, liquified, solidified and dissolved gasses, poisonous, caustic and corrosive substances and toxic and nauseating products, and particularly the ninth title of the General Regulations on the exploitation of mines respecting explosives. The Committee notes that there do not appear to be provisions on the storage of hazardous substances other than explosives, or on the disposal of hazardous substances and waste. The Committee requests the Government to indicate the national provisions establishing requirements for the storage and disposal of hazardous substances and waste produced at the mine.

Article 5(4)(e). Supply and maintenance in a hygienic condition of eating and washing facilities. The Committee notes that, under section 9 of the General Regulations, neither workers nor employees shall take their meals in places in which work is performed. Moreover, section 11 of the General Regulations provides that the director general of public works may require the installation of a changing room with a washbasin. The Committee requests the Government to indicate the places where workers or employees may take their meals, with the assurance that these facilities are maintained in an adequate hygienic condition. It requests the Government to provide further information on the provision of changing rooms and washing facilities, and particularly on the number of mines for which the General Regulations require the installation of a changing room in accordance with section 11.

Article 6. Order of priority in dealing with risks. The Committee notes the information provided by the Government, according to which each exploitation or processing centre has a safety service under the responsibility of an engineer. It is composed of personnel specialized in safety and health. In certain mining enterprises, safety and health matters may also be supervised by a unit under the responsibility of the technical production services. The Committee requests the Government to indicate the manner in which the risks identified are dealt with in the order of priority set out in Article 6 of the Convention by the safety services or the technical production services.

Article 7(i). Stoppage of operations and evacuation of workers where there is a serious danger to their safety and health. The Committee previously noted that, under the terms of section 95 of the General Regulations, the site manager is required to evacuate the site in the event of danger and to prohibit access until the arrival of the supervisory staff. However, it notes that section 96 provides that workers shall not leave the worksite before they have secured it. The Committee notes the Government’s indication in reply to its previous comment that section 96 of the General Regulations on the exploitation of mines applies under normal working conditions, and not in the event of danger as set out in section 95. The Committee notes the Government’s indications, which reply to its previous request.

Article 9. Measures taken by the employer where workers are exposed to physical, chemical or biological hazards. The Committee notes the Government’s reference to the Labour Code, the General Regulations and Decree No. 2-98-975 of 23 January 2001 respecting the protection of workers exposed to asbestos dust. The Committee also notes Decree No. 2-12-431 of 25 November 2013 establishing the conditions for the handling of substances or products liable to prejudice the health of workers or compromise their safety, which provides for evaluation, prevention and control measures for chemical and biological risks. However, the Committee notes that this Decree does not appear to contain provisions requiring the provision to workers at no cost of protective equipment, clothing and other facilities. Section 161 of the General Regulations also provides for at least one adequate stretcher in establishments with more than 25 workers and a room intended to receive injured and sick workers and to provide them with first aid in workplaces where there are more than 100 workers. The Committee requests the Government to specify whether protective equipment is provided at no cost to workers under Decree No. 2-12-431 of 25 November 2013. It requests the Government to provide further information on the measures taken by the employer, in the event of an accident, to ensure the provision of first aid in cases where the thresholds set out in section 161 of the General Regulations are not met.

Article 10(a). Training of workers. The Committee previously noted that sections 35 and 36 of the staff regulations of mining enterprises (Dahir No. 1-60-007 of 24 December 1960) provide that a vocational training service responsible for the organization and provision of vocational training shall be established in each mining enterprise. It also notes that these provisions only apply to mining enterprises with over 300 employees. The Committee notes the Government’s indications concerning the training provided by the Department of Energy and Mines, the Mineral Industry Federation and by operators. The Committee requests the Government to indicate whether the requirement for employers to organize vocational training will be extended to mining enterprise with fewer than 300 employees in the context of the draft reform of the staff regulations of mining enterprises.

Articles 13(1), (2) and (4) and 15. Rights of workers and their representatives and exercise of these rights without discrimination or retaliation. Cooperation between employers and workers and their representatives. Further to its previous comment, the Committee notes the Government’s indication that the Labour Code applies to mining enterprises with fewer than 600 workers, in which section 27 of the staff regulations of mining enterprises does not permit the appointment of safety delegates. Chapter V provides for the establishment of a safety and health committee and determines its functions in enterprises with fewer than 50 employees. Moreover, under section 430 of the Labour Code, for enterprises with fewer than 50 employees, employee delegates shall be elected in all establishments normally employing at least ten permanent employees, and these delegates assume the responsibilities of safety and health committees. In accordance with section 431 of the Labour Code, in the case of establishments with fewer than ten permanent employees, it is possible to adopt the system of staff delegates under a written agreement. However, the Committee notes that the Government’s report does not contain any information on the effect given to Article 13(1)(a) to (e) and (4) of the Convention. The Committee once again requests the Government to provide detailed information on the manner in which effect is given to Article 13(1)(a) to (e) and (4) of the Convention in relation to the rights of workers and the exercise of the rights of workers and their representatives without discrimination or retaliation.

Articles 7(g), 8, 12 and 14(b) to (d). Responsibilities of employers and duties of workers. Absence of information on the application of certain provisions. The Committee notes the Government’s reference to sections 56, 57, 99 and 101 of the Mining Act with regard to the general obligations of employers in relation to OSH. The Committee notes the absence of substantive information on the application of the following Articles of the Convention: 7(g) (operating plan and procedures to ensure a safe system of work); 8 (emergency response plan); 12 (obligation of the employer in charge of the mine to coordinate the implementation of, and assume primary responsibility for, measures for the safety of operations); and 14(b) to (d) (duties of workers). The Committee once again requests the Government to provide detailed information on the manner in which effect is given to these Articles in law and practice.

Application in practice of Convention No. 176. The Committee notes the information provided by the Government that the development of an application for mining statistics has reached the final preparatory stage with a view to the management of updated data on mining statistics, as well as on cases of accidents, occupational diseases and hazardous occurrences. The Committee requests the Government to continue providing information on the development of the application for the centralization of mining statistics. It also requests the Government to provide information on the manner in which the Convention is applied in practice, including information on the number and nature of the infringements reported and the number, nature and causes of occupational accidents and cases of occupational disease.

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The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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The Committee notes the information that the Convention continues to be applied in the country and that further effect has been given to the Convention by the adoption in 2004 of an implementing decree to Act No. 65-99, establishing the Labour Code which prohibits the employment of minors under 18 years of age, women and disabled persons in quarries and underground mines.

The Committee welcomes the information that the Government has initiated the ratification process of the Safety and Health in Mines Convention, 1995 (No. 176), and that the Government council approved its ratification on 17 July 2003. The Committee requests the Government to keep the Office informed of any further development in this regard.

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The Committee notes the information contained in the Government’s report and attached documentation, in particular the promulgation of Act No. 65-99 establishing the Labour Code by virtue of Dahir No. 1-03-194 of 11 September 2003. It also notes that, under section 179 of the new Labour Code, it is prohibited to engage minors under 18 years of age, women and handicapped employees to perform work in quarries or underground work in mines, and therefore the national legislation remains unchanged in this respect.

The Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided to promote with respect to underground work the ratification of the recent Safety and Health in Mines Convention, 1995 (No. 176), while inviting the States parties to Convention No. 45 to denounce, at the same time, this latter instrument (see GB.283/LILS/WP/PRS/1/2, paragraph 13). Contrary to the old approach based on the outright prohibition of underground work for all female workers, modern standards focus on risk assessment and risk management and provide for sufficient preventive and protective measures for mineworkers, irrespective of gender, whether employed in surface or underground sites. As the Committee has noted in its General Survey of 2001 on night work of women in industry in relation to Conventions Nos. 4, 41 and 89, "the question of devising measures that aim at protecting women generally because of their gender (as distinct from those aimed at protecting women’s reproductive and infant nursing roles) has always been and continues to be controversial" (paragraph 186).

In the light of the foregoing observations, and also considering that the present trend is no doubt to remove all gender-specific restrictions on underground work, the Committee invites the Government to give favourable consideration to the ratification of the Safety and Health in Mines Convention, 1995 (No. 176), which shifts the emphasis from a specific category of workers to the safety and health protection of all mineworkers, and possibly also to the denunciation of Convention No. 45. In this respect, the Committee recalls that, according to established practice, the Convention will be next open to denunciation during a one-year period from 30 May 2007 to 30 May 2008. The Committee requests the Government to keep the Office informed of any decision taken in this regard.