Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Occupational Health Services Convention, 1985 (No. 161) - Niger (Ratification: 2009)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

Legislation. The Committee notes that Act No. 2012-045 of 25 September 2012 issuing the Labour Code provides in section 148 that each employer shall provide an occupational health service for the workers employed. Decrees issued by the Council of Ministers, after obtaining the opinion of the Technical Advisory Committee on Occupational Safety and Health (OSH), shall determine the procedures for the implementation of this requirement. It also notes that section 145 of the Labour Code provides that in establishments or enterprises usually employing under 50 employees, an OSH committee shall be established composed of the employer or her or his representatives and of staff representatives. The employer is required to submit for opinion to the OSH committee a general assessment of the risks to which the workers are exposed and a prevention programme. The Government also emphasizes that the new Labour Code is central in relation to OSH and that it considers stress, alcoholism, HIV/AIDS, drug addiction and tobacco addiction as emerging risks relating to health in the world of work. The Committee requests the Government to provide copies of the decrees issued under section 148 of the Labour Code and of any regulations giving effect to the Convention once adopted. In light of the legislative changes, and particularly the new Labour Code, the Committee draws the Government’s attention to the fact that, as a basis for an assessment of the effect given to the Convention by this legislation, its report should also indicate in detail the provisions of the respective legislation which give effect to the Articles of the Convention. The Committee therefore requests the Government to provide indications on the legislative provisions that give effect to the provisions of the Convention, and particularly to each of the subparagraphs of Article 5 of the Convention.

Part VI of the report form. Application in practice. The Committee once again requests the Government to provide a general appreciation of the manner in which the Convention is applied in the country, including extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the legislation, the number and nature of the contraventions reported, and the number, nature and cause of the accidents reported.