Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Medical Examination of Young Persons (Underground Work) Convention, 1965 (No. 124) - Gabon (Ratification: 1968)

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Article 2(1) of the Convention.Medical examination of persons under 21 years of age prior to underground work in mines. The Committee notes the adoption on 19 November 2021 of Act No. 22/2021 issuing the Labour Code. The Committee notes the Government’s indication in its report that Chapter VI of the new Labour Code is devoted to the protection of young persons at work. It notes that section 215 of the Labour Code provides that the labour inspector may call for a thorough medical examination of fitness for employment for young persons up to the age of 21 years but that this is not an obligation. The Committee notes the Government’s indication that section 245 of the Labour Code provides that no worker may be admitted to employment without having undergone an initial medical examination also covering the trial period and that a supplementary medical examination is also required in the case of: (1) work entailing a serious risk either because of the nature of the products and objects handled or used, or because of the conditions in which the work is performed; and (2) young persons under 16 years of age. The Committee also notes that, under section 246, every worker must undergo a periodic medical examination. The examination must be conducted annually – this interval being determined according to exposure to occupational risks – except for certain workers exposed to hazardous substances. The Committee recalls that Article 2(1) of the Convention provides that a thorough medical examination of fitness for employment shall be required for work underground in mines for persons under 21 years of age. The Committee therefore requests the Government to clarify whether the supplementary medical examination required under section 245 of the Labour Code for work involving a serious risk because of the conditions in which the work is performed also applies to underground work in mines.

Article 5. General policy for the implementation of the Convention. The Committee notes that sections 258 and 259 of the new Labour Code provide for the establishment, by order of the Ministry of Labour, of a technical advisory committee on occupational safety and health, especially for mining operations. The Committee requests the Government to indicate whether the technical advisory committee has been established and to provide a copy of the order of the Ministry of Labour, once it has been adopted.