Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

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

Article 6 of the Convention. Respective functions and responsibilities of public authorities, employers, workers and others concerned as envisaged in the National OSH Policy. With reference to its previous request for information on the effect given to this Article, the Committee notes that the National Occupational Safety and Health (OSH) Policy adopted on 14 March 2014 by Resolution No. 20/2014 of the Council of Ministers provides that it will be given effect through the continuous articulation of Government action in the fields of industrial relations, production, consumption, the environment and health, with the participation of the representative organizations of workers and employers. The Government indicates in its report that the National OSH Policy sets out the responsibilities of the Ministries which are responsible respectively for matters relating to health and labour and that it also provides for the representation of employers’ and workers’ organizations on the Tripartite OSH Commission, which has the mandate to follow up the implementation and propose the review of the National OSH Policy. The Committee takes note of this information.

Article 10. Provision of guidance to employers and workers. With reference to the measures adopted to give effect to this Article, the Committee notes that the Government refers to section 12 of the conditions of service of the General Labour Inspectorate (IGT) adopted by Legislative Decree No. 13/2012, under the terms of which the IGT is empowered to engage in educational and guidance activities by providing managers, employers and workers with technical information and advice on the most effective manner of complying with the legislation. The Government adds that the IGT gives priority to preventive and educational measures, by informing and advising employers on best practices to improve working conditions in accordance with the legislation in force, and provides examples of the various activities organized by the IGT for the purposes of information and awareness raising on OSH. The Committee also notes that, under section 79 of Legislative Decree No. 55/99, the person with responsibility for safety and health matters at the enterprise level has to inform workers of the instructions to be followed in this field (subsection (c)) and promote the awareness of workers in relation to health and safety matters (subsection (d)). The Committee takes note of this information.

Article 11. Obligation of the competent authorities to ensure that certain functions are carried out progressively. In its previous comment, the Committee requested the Government to provide information on the measures taken to ensure that the functions set out in clauses (a) (the determination, where the nature and degree of hazards so require, of conditions governing the design, construction and layout of undertakings, the commencement of their operations, alterations, the safety of technical equipment used at work and the procedures defined), (b) (the determination of work processes and of substances and agents the exposure to which is to be prohibited, limited or made subject to authorization by the competent authority), (e) (the publication annually of information on measures taken in pursuance of the National OSH Policy and on occupational accidents, occupational diseases and other injuries to health which arise in the course of or in connection with work) and (f) (the introduction or extension of systems to examine chemical, physical and biological agents in respect of the risk to the health of workers). With regard to clause (e), the Committee notes the Government’s indications that the statutes of the IGT provide for the preparation of annual reports on the work of the inspection services. The Committee notes that, among its activities, the IGT receives notification of industrial accidents and occupational diseases from employers and insurance companies and is responsible for investigating industrial accidents. The Committee also notes that, under the terms of Resolution No. 20/2014 referred to above, the executive committee, the functions of which include coordinating and supervising the implementation of the National OSH Policy and the national OSH plan, is responsible for preparing an annual report on the activities undertaken within the framework of the national OSH plan, which it transmits to the Tripartite OSH Commission, and the Tripartite Commission is responsible for making public the results achieved in relation to the National OSH Policy and the national OSH plan. The Committee also notes that no information has been provided in relation to the effect given to clauses (a), (b) and (f) of Article 11. The Committee requests the Government to provide additional information on the measures adopted or envisaged to ensure the publication annually, by the Tripartite OSH Commission, among others, of information on the implementation of the National OSH Policy. It also requests it to provide information on the measures adopted or envisaged to give effect to clauses (a), (b) and (f) of Article 11 of the Convention.

Article 12. Responsibilities of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee notes the Government’s indication that the national legislation has not yet established the responsibilities set out in Article 12. The Committee requests the Government to take the necessary measures to give effect to Article 12 and to provide information on this subject.

Article 15. Coordination between institutions. In its previous comments, the Committee requested the Government to provide information on the coordination mechanisms that are in place to ensure the coherence of the National OSH Policy. The Committee notes that the National OSH Policy gives effect to this provision, particularly by envisaging such coordination through the Tripartite OSH Commission and the executive committee. The Committee takes note of this information.

Article 20. Cooperation between management and workers and/or their representatives in the enterprise. The Committee once again requests the Government to provide information on the measures adopted or envisaged to ensure cooperation between employers and workers and/or their representatives in the enterprise.

Article 21. Implementation of occupational safety and health measures without any expenditure for the workers. The Committee notes the Government’s indication that, under the terms of sections 4 and 5 of Legislative Decree No. 55/99, and in the light of the National OSH Policy, OSH measures do not involve any expenditure for the workers. The Committee notes this information.