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

Occupational Safety and Health Convention, 1981 (No. 155) - Sao Tome and Principe (Ratification: 2005)

Legislation. Labour Code of 2019. The Committee notes the Government’s indication, in reply to its previous comments, that Act No. 14 of 2017 on Occupational Safety, Hygiene and Health (OSH Act) is the primary legislation that gives effect to the Convention, which is now an integral part of the new Labour Code adopted in 2019 (sections 436–526). In this respect, the Committee welcomes that the new Labour Code gives effect to a number of provisions of the Convention.

Articles 1 and 2 of the Convention. Scope of application. The Committee notes the Government’s indication that the Convention applies to all branches of economic activity and to all categories of workers. It notes with interest that, under sections 438(1) and 439 of the Labour Code, all branches of activity and all workers regardless of their association with an employment relationship fall under the application of sections 436–526 of the Labour Code regarding OSH. However, the Committee notes section 438(3) of the Labour Code, which excludes the armed forces, police forces and civil protection services in the public sector from the application of these sections. The Committee requests the Government to indicate the manner in which it ensures that workers in the activities excluded from the application of sections 436–526 of the Labour Code regarding OSH benefit from the provisions of the Convention, and to provide a copy of any relevant legislation in this respect.

Articles 4, 7 and 8. National OSH policy and review of the national OSH situation in consultation with the most representative employers’ and workers’ organizations. The Committee notes the Government’s indication that the OSH Act (which is now an integral part of the Labour Code), as well as Act No. 1/1999 establishing the National Council for Social Dialogue, give effect to these Articles of the Convention. It also notes that, pursuant to section 378(c) of the Labour Code, trade unions have the right to participate in the drafting of labour legislation. The Committee also notes the 2018–21 Decent Work Country Programme (DWCP) that establishes, as its priorities, strengthened OSH and workplace compliance through the elaboration of a national OSH policy as well as strengthened tripartism and social dialogue. The DWCP also identifies a lack of ownership between policymakers as a challenge to achieving an effective system of OSH.

Regarding the periodic review of the national OSH situation, the Government explains that, although the general labour inspectorate is responsible for a review of the situation regarding OSH and the working environment, labour inspectors are unable to periodically carry out such a review due to limited resources. The Government states that awareness-raising campaigns are conducted instead. In its 2009 General Survey, Promoting standards on occupational safety and health, paragraph 78, the Committee indicated that the review of the national policy provided for in Article 4 of the Convention depends on and should be informed by the review of the national situation provided for in Article 7.

The Committee requests the Government to indicate the manner in which the National Council for Social Dialogue was involved and consulted for the development and the adoption of the occupational safety and health provisions of the Labour Code. It also requests the Government to take measures, in the context of the present DWCP, to periodically review the national OSH policy through consultation with the National Council for Social Dialogue, and provide information on the progress made in this regard. The Committee also asks the Government to take necessary measures to ensure the periodic review of the national situation regarding OSH and the working environment, including in the context of the DWCP.

Article 5(c). Training and education. The Committee notes that sections 101(2)(j) and 442(c) of the Labour Code cover this sphere of action generally. The Committee requests the Government to provide further information on the provision of training and education related to OSH in practice.

Articles 5(d) and 20. Communication and cooperation at the level of the undertaking. The Committee notes that the principles of communication and cooperation on occupational safety and health between employers and workers are outlined generally under the Labour Code (sections 442(i) and 443(a)). It also notes that, pursuant to section 516(1), all workplaces with more than 50 workers are obliged to organize health and safety services under the guidance of a safety officer, whose duties include promoting workers’ awareness about hygiene and safety issues in order to foster prevention of occupational risks. The Committee also notes that the DWCP seeks to establish health and safety committees that would institutionalize communication and cooperation at the level of undertakings in order to give effect to Article 20. The Committee requests the Government to provide information on the progress made in the establishment of safety and health committees at the workplace level in the context of the current DWCP.

Article 5(e). The protection of workers from disciplinary measures. The Committee notes that section 116 of the Labour Code provides that “disciplinary sanctions are considered to be abusive” when workers had legitimate complaints about working conditions or have exercised, or intend to exercise, their rights. The Committee requests the Government to provide further information on all the measures taken in order to ensure that workers and their representatives are protected from disciplinary measures as a result of actions properly taken by them in accordance with the national OSH policy, including information on the implementation of section 116 of the Labour Code in this respect.

Articles 6 and 15. Functions and responsibilities of public authorities, employers and workers. Necessary coordination between various authorities and bodies. The Committee notes that the functions and responsibilities of employers, workers and safety officers with respect to OSH and the working environment are defined under the Labour Code (sections 442, 443, 516(1), and 517). The Committee requests the Government to provide further information on the measures taken or envisaged to define the respective functions and responsibilities of public authorities, including the Ministry of Labour and the tripartite National Council for Social Dialogue in the areas of OSH and the working environment. The Committee also requests the Government to provide information on the arrangements taken or envisaged to ensure necessary coordination between various authorities and bodies to give effect to the provisions of the Convention. It also requests the Government to provide information on the consultations and their outcomes, regarding those arrangements, with the most representative organizations of employers and workers.

Article 9(1). Enforcement of laws and regulations concerning OSH through an adequate and appropriate system of inspection. The Committee notes that, under the terms of section 519 of the Labour Code, the supervision of compliance with its provisions on OSH shall be carried out by the general labour inspectorate, the health inspectorate and the other entities with competence in this matter, according to the applicable legislation. However, it notes with concern the information provided by the Government in its report on the application of Convention No. 81 that the Occupational Safety, Hygiene and Health Department under the general labour inspectorate within the Ministry of Employment and Social Affairs has one department coordinator, four technicians, and one inspector. Noting the significantly limited number of labour inspectors in the areas of OSH, the Committee requests the Government to provide detailed information on the manner in which effect is given in practice to Article 9(1). The Committee also refers the Government to its comments on the Labour Inspection Convention, 1947 (No. 81), concerning the requirement for an adequate and appropriate system of labour inspection.

Article 9(2). Adequate penalties for violations. The Committee notes that, under section 533 of the Labour Code, a fine is applicable for infringements of the technical OSH standards set out in: sections 444–499 on installations, protection, maintenance and use of machinery, use of machines, lifting, transportation and storage of devices and equipment, installation, appliances and miscellaneous utensils (section 533(1)); sections 500–508 concerning personal protective equipment (section 533(2)); sections 509–511 on safety, hygiene and health of workers (section 533(3)); and sections 512–513 on sanitary facilities and medical exams (section 533(4)). The Committee requests the Government to provide information on the application in practice of the fines set out in section 533 of the Labour Code.

Article 11(a) and (b). Determination of design, construction, layout and operations of undertakings and safety of technical equipment. Prohibition, limitation or authorization of work processes, substances and agents. The Committee requests the Government to indicate the measures taken or envisaged to ensure that the competent authorities progressively carry out the functions set out in Article 11(a) and (b) relating to the determination of conditions governing the design, construction, and layout of undertakings, the commencement of their operations, major alterations and changes in their purposes, the safety of technical equipment used at work, and the application of procedures; as well as the determination of prohibition, limitation or authorization or control of work processes and substances and agents.

Article 11(c). Procedures for the notification of occupational accidents and diseases and production of annual statistics. The Committee notes that section 441(1) of the Labour Code requires employers to declare accidents and occupational diseases to the competent authorities and register them. It also notes the Government’s indication that the National Social Security Institute handles cases whenever occupational accidents occur or medical reports are submitted to the Institute. The Government states that in 2016, 19 individuals were registered as victims of occupational accidents and received social security payments, while many undertakings also deal directly with insurance companies that insure victims of accidents. The Committee requests the Government to take necessary measures to ensure the production of annual statistics on occupational accidents and diseases, and to provide information on any progress achieved in this respect.

Article 11(d). Holding of inquiries. The Committee requests the Government to take the necessary measures to give full effect to Article 11(d) of the Convention by providing for the holding of inquiries where cases of occupational accidents, occupational diseases or any other injuries to health which arise in the course of or in connection with work appear to reflect situations which are serious.

Article 11(e). Publication of information on the implementation of the national policy. The Committee requests the Government to provide information on the annual publication of information on OSH measures taken pursuant to the national OSH policy, and on occupational accidents and occupational diseases.

Article 11(f). Systems to examine chemical, physical and biological agents. The Committee requests the Government to indicate the manner in which it gives effect to Article 11(f) of the Convention.

Article 12(b) and (c). Obligations of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee requests the Government to take measures to ensure that those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use make available information concerning the correct installation and use of all types of machinery and equipment, and to provide further information on the manner in which it ensures that those persons keep abreast of the necessary scientific and technical knowledge.

Article 13. Right of workers to remove themselves from danger. The Committee notes that section 116 of the Labour Code contains a list of situations in which it is prohibited for the employer to sanction an employee, but observes that this section does not refer specifically to cases in which a worker has removed themselves due to a perceived imminent or serious danger. The Committee requests the Government to take specific measures to ensure that workers who remove themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health are protected from undue consequences and the employer cannot require workers to return to a work situation where there is continuing imminent and serious danger to life or health.

Article 14. Inclusion of occupational safety and health and the working environment at all levels of education and training. The Committee notes the Government’s indication that the OSH Act (which are now included the Labour Code) and the Act No. 5/97 on the Statute of the Public Administration give effect to this Article. It notes that these sections provide for employers’ duty to provide workers and their representatives with training (sections 101(2)(j) and 442(c) of the Labour Code), and the workers’ right to vocational training provided by public administration in general (section 17 of the Act No. 5/97). The Committee requests the Government to provide further information on the measures taken or envisaged to ensure the inclusion of OSH at all levels of education and training, including higher technical, medical and professional education.

Article 16(2). Employers’ OSH responsibilities to ensure protection from health risks relating to chemical, physical and biological substances and agents. The Committee notes that the Labour Code provides for employers’ responsibilities related to Article 16(2) with respect to pregnant women and young workers (sections 264, 265, and 266). The Committee requests the Government to provide information on the measures taken to give full effect to Article 16(2) to ensure employers’ responsibilities as required under Article 16(2) are generally applicable to all workplaces and workers.

Article 17. Collaboration between undertakings engaging in activities simultaneously at one workplace. The Committee requests the Government to take the necessary measures, in accordance with Article 17 that whenever two or more undertakings engage in activities simultaneously at one workplace, they collaborate in applying the requirements of this Convention.

Article 19(b), (c) and (e). Cooperation of workers’ representatives and the employer. Information to and consultation with workers’ representatives on OSH measures taken by the employer. Ability of workers and their representatives to enquire into and be consulted on all aspects of OSH associated with their work. The Committee notes that effect is given to Article 19(a),(d) and (f), and partially to Article 19(e) by sections 443(a) (on workers’ duty to cooperate), 442(c) (on employers’ duty to provide training for workers and their representatives), 516(1) and 517 (role of safety officers), and section 443(e) (on workers’ duty to notify an imminent and serious danger) of the Labour Code. The Committee requests the Government to take further measures to give effect to Article 19(b), (c), and (e) of the Convention with respect to cooperation of workers’ representatives and the employer; employers’ duty to ensure workers’ representatives are given adequate information and consulted on OSH measures taken by them; and rights of workers and their representatives to inquire into and be consulted on all aspects of OSH. It also requests the Government to provide further information on whether a technical adviser may be brought from outside the undertaking by mutual agreement for the purpose of enabling workers and their representatives to inquire into, and be consulted on, OSH matters, in accordance with Article 19(e).