Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Occupational Health Services Convention, 1985 (No. 161) - Gabon (Ratification: 2015)

The Committee notes the Government’s first report.

Article 2 of the Convention. Formulation, implementation and periodic review of a coherent national policy on occupational health services. The Committee notes the indication in the Government’s report that new legislation on the national policy is being drawn up. The Committee requests the Government to continue providing information on progress made towards the formulation of a coherent national policy on occupational health services and to clarify whether consultations with the most representative employers’ and workers’ organizations have been held for this purpose.

Articles 3, 4 and 6 of the Convention. Progressive establishment of occupational health services for all workers and all branches of economic activity. Consultation of the most representative organizations of employers and workers. The Committee notes that section 221 of the Labour Code stipulates that every enterprise or workplace must provide an occupational health service. It also notes that, under the same provision, decrees adopted further to the opinion of the technical advisory committee and on the proposal of the Labour Minister must determine, until such time as a general health insurance scheme is established, the procedures for fulfilling this obligation. The Committee also notes the Government’s indication in its report that plans put in place by employers’ and workers’ organizations for establishing occupational health services include the grouping of enterprises and the creation of enterprise health centres. Moreover, the Government refers to General Order No. 3773 of 25 November 1954 concerning the structure and operation of the medical services of enterprises established in French Equatorial Africa (AG No. 3773), section 8 of which provides that the works doctor must perform an advisory role for the head of the enterprise in relation to, inter alia, the monitoring of general workplace hygiene; hygiene in workshops and protection of workers against dust and hazardous vapours; the installation and use of safety equipment and the application of all measures designed to prevent occupational accidents and diseases; and improvements to working conditions, including through additional plant and facilities, technical adjustments for the benefit of workers, and studies of ergonomic conditions and rhythms. Section 7 also provides that the works doctor shall be responsible for providing workers with preventive health care to prevent any work-related deterioration of health, and for arranging education for workers concerning hygiene and the prevention of industrial accidents and occupational diseases. The Committee requests the Government to provide further information on the establishment in practice of occupational health service, including inter-enterprise services, and to state how the most representative employers’ and workers’ organizations have been consulted in this regard. The Committee also requests the Government to indicate whether the decrees referred to in section 221 of the Labour Code, determining implementing procedures for the establishment of occupational health services, have been adopted.

Article 5(a), (b), (d), (h) and (k). Functions of occupational health services. The Committee notes that no information has been provided on the manner in which the functions of occupational health services are determined in order to ensure that they are adequate and appropriate to the occupational risks of the undertaking. The Committee also observes that no information has been provided on the measures taken to ensure that occupational health services have the following functions: identification and assessment of the risks from health hazards in the workplace (Article 5(a)); surveillance of the factors in the working environment and working practices which may affect workers’ health (Article 5(b)); participation in the development of programmes for the improvement of working practices as well as testing and evaluation of health aspects of new equipment (Article 5(d)); contribution to measures of vocational rehabilitation (Article 5(h)); participation in analysis of occupational accidents and occupational diseases (Article 5(k)). The Committee requests the Government to provide information on the measures taken or envisaged to ensure that occupational health services have functions that are adequate and appropriate to the occupational risks of the undertaking and, where necessary, the functions specified in Article 5(a), (b), (d), (h) and (k) of the Convention.

Article 5(c) and (e). Advice on substances used in work, ergonomics and individual and collective protective equipment. The Committee notes that section 8 of AG No. 3773 states that the works doctor shall advise the employer on improvements to working conditions, including through additional plant and facilities, technical adjustments for the benefit of workers, and studies of ergonomic conditions and rhythms. However, the Committee notes that no reference is made in this context to substances used in work, ergonomics or individual and collective protective equipment. The Committee requests the Government to provide information on the measures taken or contemplated to ensure that the functions of occupational health services include the provision of advice on substances used in work, ergonomics and individual and collective protective equipment.

Article 8. Cooperation and participation of the employer, workers and their representatives. The Committee requests the Government to provide information on the measures taken or contemplated to ensure the application of Article 8 of the Convention, concerning the cooperation and participation of workers and their representatives in the implementation of organizational measures relating to occupational health services.

Article 9. Composition of the personnel of occupational health services and cooperation with the other services in the undertaking. The Committee notes that AG No. 3773 provides that occupational health services shall be composed of doctors and nurses. Moreover, under Order No. 306 of 4 February 1955 determining procedures for the establishment of medical and health services common to all enterprises in Gabon, the inter-enterprise medical service shall have the services of at least one doctor on a permanent basis. The Committee requests the Government to provide information on the measures taken or contemplated to ensure that occupational health services are multidisciplinary, in accordance with Article 9(1), and that these services cooperate with the other services of the undertaking, in accordance with Article 9(2). The Committee also requests the Government to indicate the measures taken or envisaged to ensure adequate cooperation and coordination between occupational health services and other bodies concerned with the provision of health services, in accordance with Article 9(3).

Article 10. Professional independence of personnel. The Committee requests the Government to provide information on the manner in which the professional independence of occupational health services personnel from the employer is ensured.

Articles 14 and 15. Notification of occupational health services. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that occupational health services are informed of any known factors and any suspected factors in the working environment which may affect the workers’ health, and also of occurrences of ill health amongst workers and absence from work for health reasons.