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

Occupational Health Services Convention, 1985 (No. 161) - Burkina Faso (Ratification: 1997)

The Committee notes the observations of the National Confederation of Workers of Burkina (CNTB) received on 25 August 2015, and the Government’s comments in reply.

Legislation. The Committee notes the adoption of Joint Order No. 2013-010/MFPTSS/MS of 11 April 2013 establishing arrangements and conditions for the conduct of medical checks and supplementary examinations and Joint Order No. 2014-015/MFPTSS/MS of 5 March 2014 on the organization, functioning and means of action of the occupational health services. Noting that the Government has not provided Joint Order No. 2014-015/MFPTSS/MS, the Committee requests it to send a copy to enable it to assess the effect given to the Convention.

Article 1 of the Convention. Functions of occupational health services. Article 9. Multidisciplinary nature of these services. Article 10. Professional independence of the personnel of these services. Article 11. Qualifications required for the personnel. In reply to the Committee’s previous comments on the functions to be entrusted to occupational health services and the multidisciplinary nature of such services, the Committee notes that in its report, the Government indicates that sections 27, 29, 49 and 50 of Joint Order No. 2014-015/MFPTSS/MS give effect to Articles 1 and 5 of the Convention. In this connection, the Committee notes that in its observations, the CNTB states that the matter of the protection of workers is taken into account in the Labour Code and is reflected in particular in the existence of occupational safety and health bodies, such as the Workers’ Safety and Health Office (OST). The CNTB nonetheless considers that the OST is not multidisciplinary in nature. In its reply, the Government indicates that it has taken note of the need to ensure that occupational health services are multidisciplinary. It adds that, according to the abovementioned Joint Order, the staff of the occupational health service is made up of medical and paramedical personnel specializing in occupational safety and health and may include technical occupational safety and health personnel and administrative staff. Lastly, it indicates that in accordance with the abovementioned Joint Order, the personnel of occupational health services enjoy professional independence from employers and workers. The Committee requests the Government to indicate the extent to which the health service functions listed in Article 5(a), (c), (d), (e), (h) and (k) are provided for in national laws or regulations, including in the provisions of Joint Order No. 2014-015/MFPTSS/MS, to specify the criteria used to determine the composition of occupational health services (Article 9) and to specify the national provisions ensuring the independence of health service personnel (Article 10) and determining the qualifications required for the personnel having regard to the nature of the duties to be performed (Article 11).

Article 2. Formulation, implementation and periodic review of a coherent national policy on occupational health services. Further to its previous comments, the Committee notes that, according to the Government, programme No. 4 of the national labour policy incorporates the national occupational safety and health policy, the objectives of which are: to prevent occupational risks; to reduce the worst forms of child labour; and to control sexually transmissible infections, HIV/AIDS and tuberculosis in the workplace. It also notes that, according to the Government, an operational action plan to implement the national labour policy is under way. The Committee requests the Government to provide detailed information on the measures taken or envisaged under programme No. 4 in connection with the establishment of occupational health services and on progress made on the implementation of the operational action plan.

Article 9(2). Cooperation between occupational health services and other services in the undertaking. Noting that the Government’s report contains no information on this point, the Committee once again requests the Government to indicate the manner in which cooperation between occupational health services and other services in the undertaking is ensured.

Article 15. Information to be provided to occupational health services concerning absence from work for health reasons. Further to its previous comments, the Committee notes that, according to the Government, the provisions of Article 15 of the Convention are not specifically reflected in the national legislation. The Committee requests the Government to take the necessary steps to ensure that occupational health services are informed of occurrences of ill health among workers and absences from work for health reasons and that the personnel of these services are not required to verify the reasons for such absences, in accordance with Article 15 of the Convention.

Application in practice. Technical assistance. Further to its previous comments, the Committee notes that the Government indicates that in the course of the technical assistance provided by the Office in 2012, four labour inspectors were given training on international labour standards. The Committee also notes that the Government wishes to request technical assistance for the training of occupational health doctors, nurses specializing in occupational safety and health, occupational hygienists, ergonomists and medical labour inspectors in order to remedy the lack of personnel specializing in occupational safety and health. The Committee requests the Government to provide general information on the manner in which the Convention is applied in practice, including any relevant extracts of labour inspection reports.