Hygiene (Commerce and Offices) Convention, 1964 (No. 120) - Guinea (Ratification: 1966)

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Legislation. The Committee notes the Government’s indication that, under section 231.4 of the new Labour Code of 10 January 2014, a draft order giving effect to the provisions of the Convention was drawn up and referred to the Labour and Social Legislation Advisory Committee for consideration at its April 2015 session. The Committee requests the Government to send a copy of the aforementioned order, once it has been adopted, and to indicate the specific provisions of the legislation in force that give effect to the Convention, particularly Article 8 (ventilation), Article 9 (lighting), Article 12 (drinking water), Article 14 (seats for all workers) and Article 18 (noise and vibrations), and to provide information on any other measures giving effect to the provisions of the Convention.

Article 1 of the Convention. Scope of application of the Convention. The Committee notes the Government’s indication that Decrees Nos D/2014/063/PRG/SGG and D/2014/064/PRG/GG of 31 March 2014 and D/2014/255/PRG/SGG and D/2014/256/PRG/SGG of 18 December 2014 have been adopted in order to ensure the full application of the Convention in the civil service sector. However, it notes that these decrees are concerned with the setting up of a social welfare fund for public employees and a national institute for compulsory health insurance and do not contain any provisions ensuring the application of the Convention to public sector workers. The Committee requests the Government to provide further information on the measures taken or contemplated, in law and in practice, to ensure the full application of the provisions of the Convention to workers in the civil service.

Application in practice. The Committee notes the information to the effect that, as a result of the 11 technical inspections conducted during 2011, four cases of occupational accidents, four cases involving hygiene issues and two cases of occupational disease were reported. The Committee requests the Government to continuing supplying information on the application of the Convention in practice, including the number of accidents and cases of occupational disease recorded, the number and nature of infringements reported, and the corresponding penalties imposed.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Legislation. The Committee notes the information that no legislative changes have yet been undertaken but that a new Labour Code and related legislation – including in the areas of the distribution of drinking water and sanitary facilities at enterprises – which will take into account the comments by the Committee under this Convention, is still being prepared. The Committee must therefore repeat its statement that since 1989, it has been asking the Government to adopt the ministerial orders envisaged in section 171 of the Labour Code in the following areas: ventilation (Article 8 of the Convention); lighting (Article 9); drinking water (Article 12); seats for all workers (Article 14); and noise and vibrations (Article 18), in order to give effect to these provisions of the Convention. The Committee hopes that such orders will be adopted after consultation with the representative organizations of employers and workers, in accordance with Article 5 of the Convention.

Article 1 of the Convention. The Committee notes the affirmation by the Government that all workers in the public as well as private sectors, are covered by occupational safety and health provisions. The Committee requests the Government to provide further information about the relevant legislation in this respect. To the extent that such legislation has not yet been adopted, it hopes that the Government will take the necessary measures in the near future to ensure a full application of the Convention in the public service and requests the Government to indicate the progress made in this regard.

Part IV of the report form. Application in practice. The Committee notes the information that the Labour Code covers all workers in the private sector, that the 100,000 public sector workers are covered by public service legislation. It also notes the information that 11 technical occupational safety and health inspections were conducted in the course of 2011, but that no information was provided regarding the outcome of these inspections. The Committee wishes to draw the Government’s attention to the fact that the information that it is requested to provide in this respect includes, inter alia, the number and nature of the contraventions reported. This type of information may be found, for example, in the reports of the labour inspection services.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

The Committee notes that the Government, in accordance with section 171 of the Labour Code, will be submitting draft orders on sanitary facilities in workplaces and the provision of drinking water and non-alcoholic drinks in enterprises and establishments. The Committee also notes the draft decree establishing Committees on Occupational Safety, Health and Working Conditions (CHSCT).

The Committee recalls that, since 1989, it has been asking the Government to adopt the ministerial orders envisaged in section 171 of the Labour Code in the following areas: ventilation (Article 8 of the Convention); lighting (Article 9); drinking water (Article 12); seats for all workers (Article 14); and noise and vibrations (Article 18) in order to give effect to these provisions of the Convention. The Committee hopes that such decrees will be adopted after consultation with the representative organizations of employers and workers, in accordance with Article 5 of the Convention.

Article 1 of the Convention. The Committee recalls its previous observation in which it drew attention to the fact that all workers who are mainly engaged in office work, including workers in the public services, are covered by the Convention. The Committee hopes that the Government will take the necessary measures in the near future to ensure the full application of the Convention in the public service and requests the Government to indicate the progress made in this regard.

Part IV of the report form. The Committee wishes to draw the Government’s attention to the fact that the information that it is requested to provide in this respect concerns the number of workers covered by the national legislation and the number and nature of the contraventions reported. This type of information may be found, for example, in the reports of the labour inspection services.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes with regret that the Government’s latest reports do not contain a reply to its previous comments and do not include any new information in relation to the report provided in 2003.

The Committee notes that the Government, in accordance with section 171 of the Labour Code, will be submitting draft orders on sanitary facilities in workplaces and the provision of drinking water and non-alcoholic drinks in enterprises and establishments. The Committee also notes the draft decree establishing Committees on Occupational Safety, Health and Working Conditions (CHSCT).

The Committee recalls that, since 1989, it has been asking the Government to adopt the ministerial orders envisaged in section 171 of the Labour Code in the following areas: ventilation (Article 8 of the Convention); lighting (Article 9); drinking water (Article 12); seats for all workers (Article 14); and noise and vibrations (Article 18) in order to give effect to these provisions of the Convention. The Committee hopes that such decrees will be adopted after consultation with the representative organizations of employers and workers, in accordance with Article 5 of the Convention.

Article 1 of the Convention. The Committee recalls its previous observation in which it drew attention to the fact that all workers who are mainly engaged in office work, including workers in the public services, are covered by the Convention. The Committee hopes that the Government will take the necessary measures in the near future to ensure the full application of the Convention in the public service and requests the Government to indicate the progress made in this regard.

Part IV of the report form. The Committee wishes to draw the Government’s attention to the fact that the information that it is requested to provide in this respect concerns the number of workers covered by the national legislation and the number and nature of the contraventions reported. This type of information may be found, for example, in the reports of the labour inspection services.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes with regret that the Government’s latest reports do not contain a reply to its previous comments and do not include any new information in relation to the report provided in 2003. The Committee is therefore bound to reiterate its previous observation, which read as follows:

1. The Committee notes that the Government, in accordance with section 171 of the Labour Code, will be submitting draft orders on sanitary facilities in workplaces and the provision of drinking water and non-alcoholic drinks in enterprises and establishments. The Committee also notes the draft decree establishing Committees on Occupational Safety, Health and Working Conditions (CHSCT).

2. The Committee recalls that, since 1989, it has been asking the Government to adopt the ministerial orders envisaged in section 171 of the Labour Code in the following areas: ventilation (Article 8 of the Convention); lighting (Article 9); drinking water (Article 12); seats for all workers (Article 14); and noise and vibrations (Article 18) in order to give effect to these provisions of the Convention. The Committee hopes that such decrees will be adopted after consultation with the representative organizations of employers and workers, in accordance with Article 5 of the Convention.

3. Article 1. The Committee recalls its previous observation in which it drew attention to the fact that all workers who are mainly engaged in office work, including workers in the public services, are covered by the Convention. The Committee hopes that the Government will take the necessary measures in the near future to ensure the full application of the Convention in the public service and requests the Government to indicate the progress made in this regard.

2. Part IV of the report form. The Committee wishes to draw the Government’s attention to the fact that the information that it is requested to provide in this respect concerns the number of workers covered by the national legislation and the number and nature of the contraventions reported. This type of information may be found, for example, in the reports of the labour inspection services.

3. The Committee hopes that the Government will make every effort to take the necessary measures in the very near future.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

1. The Committee notes that the Government, in implementation of section 171 of the Labour Code, will be submitting draft decrees concerning sanitary facilities in workplaces and concerning the provision of drinking-water and non-alcoholic drinks in enterprises and establishments. The Committee also notes the draft decree establishing Committees on Hygiene, Safety and Working Conditions (CHSCT).

2. The Committee recalls that, since 1989, it has been asking the Government to adopt ministerial orders, in accordance with section 171 of the Labour Code, in the following areas: ventilation (Article 8 of the Convention); lighting (Article 9); drinking water (Article 12); seats for all workers (Article 14); and noise and vibrations (Article 18), in order to give effect to these provisions of the Convention. The Committee hopes that such decrees will be adopted after consultation with the representative organizations of employers and workers, in accordance with Article 5 of the Convention.

3. Article 1. Lastly, the Committee recalls its previous observation in which it drew attention to the fact that all workers who are mainly engaged in office work, including workers in the public services, are covered by the Convention. The Committee hopes that the Government will take the necessary measures in the near future to ensure full application of the Convention to the public services and requests the Government to indicate the progress made in this regard.

2. The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

1. The Committee notes that the Government, in implementation of section 171 of the Labour Code, will be submitting draft decrees concerning sanitary facilities in workplaces and concerning the provision of drinking-water and non-alcoholic drinks in enterprises and establishments. The Committee also notes the draft decree establishing Committees on Hygiene, Safety and Working Conditions (CHSCT).

2. The Committee recalls that, since 1989, it has been asking the Government to adopt ministerial orders, in accordance with section 171 of the Labour Code, in the following areas: ventilation (Article 8 of the Convention); lighting (Article 9); drinking water (Article 12); seats for all workers (Article 14); and noise and vibrations (Article 18), in order to give effect to these provisions of the Convention. The Committee hopes that such decrees will be adopted after consultation with the representative organizations of employers and workers, in accordance with Article 5 of the Convention.

3. Article 1 of the Convention. Lastly, the Committee recalls its previous observation in which it drew attention to the fact that all workers who are mainly engaged in office work, including workers in the public services, are covered by the Convention. The Committee hopes that the Government will take the necessary measures in the near future to ensure full application of the Convention to the public services and requests the Government to indicate the progress made in this regard.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes that the Government’s report contains no response to its previous comments. It must therefore repeat its previous observation which read as follows:

1. The Committee notes that the Government, in implementation of section 171 of the Labour Code, will be submitting draft decrees concerning sanitary facilities in workplaces and concerning the provision of drinking-water and non-alcoholic drinks in enterprises and establishments. The Committee also notes the draft decree establishing Committees on Hygiene, Safety and Working Conditions (CHSCT).

2. The Committee recalls that, since 1989, it has been asking the Government to adopt ministerial orders, in accordance with section 171 of the Labour Code, in the following areas: ventilation (Article 8 of the Convention); lighting (Article 9); drinking water (Article 12); seats for all workers (Article 14); and noise and vibrations (Article 18), in order to give effect to these provisions of the Convention. The Committee hopes that such decrees will be adopted after consultation with the representative organizations of employers and workers, in accordance with Article 5 of the Convention.

3. Article 1 of the Convention. Lastly, the Committee recalls its previous observation in which it drew attention to the fact that all workers who are mainly engaged in office work, including workers in the public services, are covered by the Convention. The Committee hopes that the Government will take the necessary measures in the near future to ensure full application of the Convention to the public services and requests the Government to indicate the progress made in this regard.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

The Committee takes note of the information provided by the Government in response to its previous observation.

1. The Committee notes that the Government, in implementation of section 171 of the Labour Code, will be submitting draft Decrees concerning sanitary facilities in workplaces and concerning the provision of drinking-water and non-alcoholic drinks in enterprises and establishments. The Committee also notes the draft Decree establishing Committees on Hygiene, Safety and Working Conditions (CHSCT).

2. The Committee recalls that, since 1989, it has been asking the Government to adopt ministerial orders, in accordance with section 171 of the Labour Code, in the following areas: ventilation (Article 8 of the Convention); lighting (Article 9); drinking water (Article 12); seats for all workers (Article 14); and noise and vibrations (Article 18), in order to give effect to these provisions of the Convention. The Committee hopes that such Decrees will be adopted after consultation with the representative organizations of employers and workers, in accordance with Article 5 of the Convention.

3. Article 1 of the Convention. Lastly, the Committee recalls its previous observation in which it drew attention to the fact that all workers who are mainly engaged in office work, including workers in the public services, are covered by the Convention. The Committee hopes that the Government will take the necessary measures in the near future to ensure full application of the Convention to the public services and requests the Government to indicate the progress made in this regard.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee takes note of the information provided by the Government in answer to its previous observation.

1. The Committee notes that the Government, in implementation of section 171 of the Labour Code, will be submitting draft Decrees concerning sanitary facilities in workplaces and concerning the provision of drinking-water and non-alcoholic drinks in enterprises and establishments. The Committee also notes the draft Decree establishing Committees on Hygiene, Safety and Working Conditions (CHSCT).

2. The Committee recalls that, since 1989, it has been asking the Government to adopt ministerial orders, in accordance with section 171 of the Labour Code, in the following areas: ventilation (Article 8 of the Convention); lighting (Article 9); drinking-water (Article 12); seats for all workers (Article 14); and noise and vibrations (Article 18), in order to give effect to these provisions of the Convention. The Committee hopes that such Decrees will be adopted after consultation with the representative organizations of employers and workers, in accordance with Article 5 of the Convention.

3. Article 1 of the Convention. Lastly, the Committee recalls its previous observation in which it drew attention to the fact that all workers who are mainly engaged in office work, including workers in the public services, are covered by the Convention. The Committee hopes that the Government will take the necessary measures in the near future to ensure full application of the Convention to the public services and requests the Government to indicate the progress made in this regard.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes that the Government's report contains no reply to previous comments. It must therefore repeat its previous observation on the following points:

1. The Committee has noted the indication provided in the Government's report received in 1992 that the Committee's previous comments would be taken into account when the texts regulating occupational safety and health are drafted. The Committee hopes that the texts necessary to ensure the full application of the Convention will be drafted in the near future in consultation with the representative organizations of workers and employers concerned, in accordance with Article 5 of the Convention. The Committee notes that section 171 of the Labour Code provides that ministerial orders shall determine general measures regulating ventilation, lighting, drinking-water and noise and vibrations in all establishments covered by the Code. The Committee hopes that these orders will be drafted in the near future and that they will ensure the full application of Article 8 (provision of sufficient and suitable ventilation), Article 9 (sufficient and suitable lighting; including, as far as possible, natural lighting), Article 12 (sufficient supply of wholesome drinking-water available to all workers) and Article 18 (measures to ensure that noise and vibrations at the workplace are reduced as far as possible). Furthermore, the Committee notes that no provision exists to ensure that sufficient and suitable seats are supplied to workers, nor to ensure a reasonable opportunity of using the seats, in accordance with Article 14. The Government is requested to indicate the measures taken or envisaged to ensure the application of this Article. 2. Article 1 of the Convention. The Committee has noted the Government's indication in its report received in 1992 that its previous comments concerning the public service would be taken into account when occupational safety and health regulations are drafted. The Committee would recall that all workers who are mainly engaged in office work, including workers in the public service, are covered by the Convention. The Committee, therefore, hopes that the Government will take all necessary measures in the near future to ensure the full application of the Convention to the public service and requests the Government to indicate the progress made in this regard.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

1. The Committee notes the indication provided in the Government's latest report that the Committee's previous comments would be taken into account when the texts regulating occupational safety and health are drafted. The Committee hopes that the texts necessary to ensure the full application of the Convention will be drafted in the near future in consultation with the representative organizations of workers and employers concerned, in accordance with Article 5 of the Convention.

The Committee notes that section 171 of the Labour Code provides that ministerial orders shall determine general measures regulating ventilation, lighting, drinking-water and noise and vibrations in all establishments covered by the Code. The Committee hopes that these orders will be drafted in the near future and that they will ensure the full application of Article 8 (provision of sufficient and suitable ventilation), Article 9 (sufficient and suitable lighting; including, as far as possible, natural lighting), Article 12 (sufficient supply of wholesome drinking-water available to all workers) and Article 18 (measures to ensure that noise and vibrations at the workplace are reduced as far as possible).

Furthermore, the Committee notes that no provision exists to ensure that sufficient and suitable seats are supplied to workers, nor to ensure a reasonable opportunity of using the seats, in accordance with Article 14. The Government is requested to indicate the measures taken or envisaged to ensure the application of this Article.

2. Article 1 of the Convention. The Committee notes the Government's indication in its report that its previous comments concerning the public service would be taken into account when occupational safety and health regulations are drafted. The Committee would recall that all workers who are mainly engaged in office work, including workers in the public service, are covered by the Convention. The Committee, therefore, hopes that the Government will take all necessary measures in the near future to ensure the full application of the Convention to the public service and requests the Government to indicate, in its next report, the progress made in this regard.

[The Government is asked to report in detail for the period ending 30 June 1994.]

Observation (CEACR) - adopted 1989, published 76th ILC session (1989)

Further to its previous observations, the Committee notes with satisfaction that the new Labour Code (Ordinance No. 3/PRG/SGG/88 of 28 January 1988) lays down penalties for infringements of the provisions relating to safety and health, in accordance with Article 6, paragraph 2, of the Convention.

The Committee notes that the new Labour Code contains general provisions concerning health and safety which give effect to various Articles of the Convention and provides for ministerial orders to prescribe more specific measures for ensuring health and safety in all establishments. The Committee hopes that those measures will be prescribed shortly, that they will be framed after consultations with the representative organisations of employers and workers concerned, in accordance with Article 5 of the Convention, and that they will ensure full application of the following Articles of the Convention: Article 8 (ventilation); Article 9 (lighting); Article 12 (drinking water); Article 14 (seats for all workers); and Article 18 (noise and vibrations).

Article 1 of the Convention. The Committee notes that section 1 of the Labour Code excludes the public service from the application of the Code. It requests the Government to indicate how the Convention is applied to the public service.