Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Occupational Health Services Convention, 1985 (No. 161) - Benin (Ratification: 1998)

1. The Committee notes the information transmitted by the Government in its report, as well as the adoption of Ministerial Order No. 468/MFPTRA/DC/ SGM/DGT/DNT/SRT. The Committee notes with interest that the Government indicates that Interministerial Order No. 31/MFPTRA/MSP/DC/SGM/DT/SST of 5 May 1999 is currently being revised with a view to ensuring the application of Articles 5(a), (b), (d), and 14 of the Convention. It requests the Government to provide a copy of the revised Ministerial Order as soon as it has been adopted. Furthermore, the Committee requests the Government to provide further information on the following points.

2. Article 2 of the Convention. National policy. The Committee notes with interest that the Government indicates in its report that a draft framework document on national policy on occupational health and safety has been elaborated and endorsed by a tripartite workshop, that the draft framework document is accompanied by an action plan document and is currently being adopted. The Committee requests the Government to provide a copy of the draft framework document on national policy on occupational health and safety, as well as a copy of the action plan document once they have been adopted.

3. Article 3, paragraph 1. Occupational health services. The Committee notes with interest the Government’s indication that it is currently taking measures gradually to extend the legal coverage of occupational health services to cover all workers. The Committee encourages the Government to strengthen its efforts gradually to extend the legal coverage of occupational health services. It also requests the Government to transmit information with regard to the results both of these efforts and efforts concerning the provision of occupational health care in the context of primary health-care benefits and the establishment of two health centres for workers as mentioned in the 2002 report.

4. Article 4. Tripartite consultation. The Committee notes with interest that Decree No. 2000-178 of 11 April 2000 sets out the methods to be used for consulting with employers’ and workers’ organizations within the Consultative Technical Committee on Occupational Health and Safety. The Committee requests the Government to indicate how this Decree has been applied in practice and to specify which organizations have been consulted.

5. Article 5, paragraph (a). Risk identification and assessment. The Committee notes that section 35 of Interministerial Order No. 031 of 5 May 1999 states that, amongst other things, occupational physicians are responsible for the application of all preventive measures with regards to occupational accidents and diseases and that section 40 of the same Interministerial Order states that, with the authority of the physician, the occupational health nurse may proceed to carry out inquiries, for instance, identification and assessment of certain risks. The Committee requests the Government to inform it of any measures taken to give effect to Article 5, paragraph (a), of the Convention and to inform it of whether existing legislation, including Interministerial Order No. 031, has given rise to the practice of undertaking assessments of risks which could pose a threat to health in the workplace.

6. Article 5, paragraph (i). Provision of information, training and education. The Committee notes that sections 188 and 189 of the Labour Code provide for collaboration with a view to the provision of information, training and education in the fields of occupational health, safety and ergonomics; a committee on health is responsible for these tasks. The Committee requests the Government to provide it with information on the activities of this committee and to specify how these sections are applied in practice.

7. Article 5, paragraph (k). Analyses of occupational accidents. The Committee notes with interest that section 189 of the Labour Code states, amongst other things, that the committee on health is responsible for carrying out inquiries in the case of serious occupational accidents. The Committee requests the Government to provide information on the application of this section in practice and, in particular, to specify the degree of seriousness of the accident required for an inquiry to be opened.

8. Article 9, paragraph 3. Cooperation between occupational health services. The Committee notes with interest that section 5 of Order No. 468 of 31 December 2004 ensures cooperation and collaboration between occupational medical  services and occupational advisers on social affairs.

9. Article 10. Professional independence. The Committee notes that the Government indicates in its report that medical inspectors are responsible for checking that occupational physicians enjoy technical and administrative independence within the enterprise. The Committee requests the Government to specify the legal provisions and other measures taken to ensure the application of this Article.

10. Article 15. Absence from work for health reasons. The Committee notes with interest that the Government indicates in its report that medical reports elaborated by health services specifically mention absences for health reasons.

11. In conclusion, the Committee requests the Government to continue to provide it with information on the application in practice of the measures taken to ensure the implementation of the Convention, including extracts from inspection reports and relevant statistics disaggregated by sex, if possible.