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

Occupational Safety and Health Convention, 1981 (No. 155) - Cabo Verde (Ratification: 2000)

Article 4(1) and (2) of the Convention. National policy on occupational safety and health and the working environment. Consultation with the most representative organizations of employers and workers. Technical assistance. The Committee notes the Government’s report in which it indicates that Cabo Verde participated in the technical assistance programme financed by the Special Account Programme (SPA). In this context, it notes that a tripartite workshop was held in Praia from 20 to 23 August 2013 with the assistance of the Office. The purpose of the assistance provided by the Office was to examine the law and practice with a view to identifying obstacles and difficulties for the implementation of a national policy on occupational safety and health (OSH), and the components of this policy, and to establish a roadmap for its adoption and implementation. To this end, a national safety and health profile was compiled in advance and approved by the tripartite workshop. The profile was prepared taking into account Part IV of the Promotional Framework for Occupational Safety and Health Recommendation, 2006 (No. 197), and the Committee’s comments. The Committee notes with interest that, on the basis of this profile, the main components that are to be incorporated into the future national policy have been identified, and a roadmap has been proposed to the Government by the tripartite members. The Government expressed its willingness to submit a draft national OSH policy to the tripartite constituents before the end of 2013. The Committee notes that the workshop provided an opportunity for current gaps and inadequacies to be identified, particularly the lack of human resources in the General Directorate of Labour and in other bodies responsible for OSH, including an absence of occupational doctors in state structures. The tripartite workshop also indicated the need to improve coordination of state bodies that have responsibilities for OSH. The Committee would be grateful if the Government would provide information on the specific actions taken by the Government on these various proposals and the progress of their implementation.

Article 11(a)–(f). Obligation of the competent authorities to ensure that certain functions are progressively carried out. The Committee notes that, according to the Government’s report, inspectors currently conduct inquiries in cases of fatal accidents. The Government indicates that these inquiries should be supplemented by more effective means. In view of the lack of material and human resources for the compilation and processing of data in the field of occupational accidents and diseases, it is not yet possible for the labour administration to process this data properly, as emphasized in the national profile on OSH. The adoption of the national OSH policy should ensure compliance with Article 11 of the Convention, and particularly with subparagraphs (a), (b), (e) and (f). The Committee notes that the national profile provided the basis for an assessment of the OSH situation and the identification of the system’s weaknesses. In order that these activities produce the desired results, the Committee hopes that the Government will take the necessary measures to ensure that the functions described in clauses (a), (b), (e) and (f) are progressively carried out, and that it will provide the relevant information in its next report.

Articles 13 and 19(f). Protection of workers who have removed themselves from situations presenting an imminent and serious danger. The Committee notes the Government’s indications that the legal framework will have to be adapted to give full effect to Articles 13 and 19(f) of the Convention. The Committee requests the Government to give effect to these Articles of the Convention as soon as possible and to provide information on this subject.

The Committee also requests the Government to provide the information requested in its last comment regarding the following provisions: Article 6. Respective functions and responsibilities; Article 8. Measures intended to give effect to the national OSH policy. Legislation; Article 12 (a)–(c). Responsibility of those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use; Article 15. Institutional coordination; Article 21. Implementation of OSH measures at no expenditure for the workers; Articles 10 and 20. Guidance to employers and workers. Cooperation between management and workers and/or their representatives within the undertaking.