Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) - Niger (Ratification: 1993)

Articles 3 and 4 of the Convention. Legislation and protection of workers exposed to occupational hazards in the working environment due to air pollution, noise and vibration. The Committee notes the adoption of Act No. 2012-45 issuing the Labour Code. It notes that, under section 140 of the Labour Code, decrees shall be issued by the Council of Ministers after obtaining the opinion of the Advisory Technical Committee on Occupational Safety and Health with a view to determining general measures of protection and hygiene, particularly with regard to airing, ventilation, the evacuation of dust and vapours, noise and vibration. With reference to its previous comments, the Committee notes that, with the exception of risks relating to silicosis in mines and quarries, occupational risks related to air pollution, noise and vibration are not covered by any specific provisions. The Committee further notes the Government’s indication that it has accepted the obligations of the Convention for all categories of risks (air pollution, noise and vibration). The Committee requests the Government to indicate whether the decrees envisaged in section 140 of the Labour Code have been adopted and, if so, to provide copies, and to supply information on any other measures adopted or envisaged by the Government to give full effect to Article 4 of the Convention.

Article 5(1). Consultations between the competent authority and the most representative organizations of employers and workers. The Committee notes that, under the terms of section 140 of the Labour Code, the decrees respecting prevention measures for occupational risks shall be adopted after obtaining the opinion of the Technical Advisory Committee on Occupational Safety and Health, the composition and functioning of which shall be determined by decree, in accordance with section 261 of the Labour Code. According to the information provided by the Government in its report, the Committee understands that the Ministry of Labour holds annual consultations with employers’ and workers’ organizations in the context of the Technical Advisory Committee. The Committee requests the Government to provide more detailed information on the composition, method of appointment and operation of the Technical Advisory Committee on Occupational Safety and Health, to indicate whether the decree envisaged in section 261 of the Labour Code has been adopted and, if so, to provide a copy. The Government is also requested to provide information on the consultations held in the Technical Advisory Committee on Occupational Safety and Health, and the action taken as a result of these consultations.

Article 7(2). Right of workers and their representatives to present proposals, obtain information and appeal to appropriate bodies. The Committee notes that, under the terms of section 218 of the Labour Code, staff delegates may propose any relevant measures concerning hygiene, health and safety requirements and address any complaint or claim concerning the application of these requirements to the labour inspectorate, and that section 219 of the Labour Code authorizes workers to submit their claims and suggestions to the employer themselves. While noting the general provisions contained in the Labour Code, the Committee requests the Government to provide information on any specific provisions giving effect in law and practice to Article 7(2) of the Convention respecting protection against occupational risks due to air pollution, noise and vibration in the working environment.

Article 8(2) and (3). Regular revision of exposure criteria and limits and designation of technically competent persons. The Committee notes the Government’s indication that technically competent persons, whose opinions are to be taken into account by the competent authority in the elaboration of the criteria and the determination of exposure limits, are designated by the Occupational Safety and Health Directorate, in collaboration with the prevention services of the National Social Security Fund. In this regard, the Committee wishes to remind the Government that, under the terms of Article 8(2) of the Convention, technically competent persons shall be designated by the most representative organizations of employers and workers concerned. The Committee also notes Order No. 65/MME/DM of 26 August 1999 establishing rules for the prevention of risks of silicosis in workplaces engaged in mining exploration and exploitation, quarries and their subsidiaries and, particularly, sections 28 to 32 defining criteria for the definition of exposure risks to dust and establishing methods of calculating exposure limits. The Committee requests the Government to take the necessary measures in law and practice to ensure that the competent persons involved in the procedure for the elaboration of the criteria and the determination of the exposure limits are designated by the most representative organizations of employers and workers. Further noting that the criteria and exposure limits relating to risks of silicosis were adopted over ten years ago, the Committee requests the Government to provide information on the manner in which these criteria and exposure limits are supplemented and revised regularly in the light of current national and international knowledge and data, in accordance with the requirements of Article 8(3) of the Convention. Finally, the Committee requests the Government to provide information on any other measures adopted or envisaged to give full effect in law and practice to Article 8 of the Convention, particularly in relation to noise and vibration.

Article 9. Prevention of air pollution, noise and vibration by technical measures applied to new plant or processes in design or installation, or added to existing plant or processes. The Committee notes the Government’s indication that the employer is required to organize the workplace so as to ensure the safety of the workers, particularly when using techniques and new procedures. It also notes the provisions of Order No. 65/MME/DM of 26 August 1999, referred to above, respecting measures to reduce and capture dust (sections 16 to 24) and measures for the ventilation of worksites (sections 25 and 26). The Committee would be grateful if the Government would provide information on the provisions giving effect to Article 9 of the Convention in relation to risks due to noise and vibration. It also requests the Government to provide additional information on any supplementary organizational measures which may be required (Article 9(b)).

Article 11. Pre-assignment and periodical medical examinations free of charge. The Committee notes that, under the terms of section 148 of the Labour Code, decrees issued by the Council of Ministers, after obtaining the opinion of the Technical Advisory Committee on Occupational Safety and Health, shall determine the conditions under which periodical medical examinations are carried out. It also notes the specific provisions respecting the medical supervision of workers exposed to risks of silicosis in mines and quarries. The Committee requests the Government to provide further information on the specific provisions respecting the medical supervision of the state of health of workers exposed to or liable to be exposed to occupational risks due to air pollution, noise and vibration. The Government is also requested to indicate the measures taken to transfer to suitable alternative employment any worker whose continued assignment to work involving such exposure is found to be medically inadvisable, or to maintain the worker’s income.

Article 12. Use of processes, substances, machinery and equipment that is to be notified to the competent authority. The Committee notes that, according to the Government’s report, labour inspectors have to be provided with the plan of the plant and the list of the chemicals that will be used before the establishment of any enterprise. It also notes that, under the terms of section 140(2) of the Labour Code, decrees issued by the Council of Ministers, after obtaining the opinion of the Technical Advisory Committee on Occupational Safety and Health, shall determine lists of substances and preparations that are hazardous for workers, the use of which shall be limited or regulated, and lists of machines or the hazardous parts thereof, of which the manufacture, sale, import, hiring or use shall be prohibited. Finally, the Committee notes that, under section 8 of Order No. 65/MME/DM, referred to above, plant shall be subject to the prior approval of the mine administration. The Committee requests the Government to provide additional information on the specific provisions which give effect in law and practice to Article 12 of the Convention. In particular, it requests the Government to indicate whether the decrees envisaged under section 140(2) of the Labour Code have been adopted and, if so, to provide copies.

Article 15. Requirement for the employer to appoint a competent person, or to use a competent service. The Committee notes that, according to the Government’s report, the procedures under which employers are required to appoint a competent person or to use a competent outside service to deal with matters pertaining to the prevention and control of air pollution, noise and vibration at the workplace are set out in the national legislation. The Committee also notes the provisions respecting the appointment of a competent person by employers in the mines and quarries sector (section 8 of Order No. 65/MME/DM). The Committee requests the Government to provide information on any other specific provision giving effect to this Article of the Convention, particularly in relation to occupational risks due to noise and vibration.

Article 16. Enforcement measures and penalties. The Committee notes that, under the terms of section 349 of the Labour Code, employers that are in breach of provisions respecting occupational hygiene, safety and health (sections 137 to 140 of the Labour Code) shall be liable to a fine of between 200,000 and 500,000 CFA francs. It also notes that, in the mining and quarrying sector, failure to comply with rules respecting prevention, the limitation of the risk of silicosis and the protection of workers who are exposed shall be punished in accordance with section 134 of Ordinance No. 93-16 of 2 March 1993 issuing the Mining Act. Noting that this section does not establish any penalties, but refers to the adoption of a decree for this purpose, the Committee requests the Government to indicate whether such a decree has been adopted and, if so, to provide a copy.

Part V of the report form. Application of the Convention in practice. The Committee notes that the Government’s report does not contain any information on the application of the Convention in practice. The Committee therefore requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice, including statistics on the number of workers covered by the relevant legislation, if possible disaggregated by gender, and on the number and nature of the contraventions reported.