Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Guinea

Safety and Health in Mines Convention, 1995 (No. 176) (Ratification: 2017)
Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) (Ratification: 2017)

The Committee takes note of the Government's first reports.

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 176 (OSH in mining) and 187 (promotional framework for OSH) in a single together.

1. Promotional Framework for Occupational Safety and Health Convention (No. 187)

The Committee notes that the Governing Body, in March 2021, declared as admissible a representation submitted under article 24 of the ILO Constitution alleging non-observance by Guinea of this Convention as well as of the Labour Inspection Convention, 1947 (No. 81), and the Protection of Wages Convention, 1949 (No. 95), and appointed a tripartite committee to examine it (GB.341/INS/14/6, March 2021).

Legislation. The Committee notes that, in its report, the Government indicates that regulations (implementing orders) define the safety and protection measures that shall be implemented in enterprises, the conditions of application as well as the employer’s obligations in terms of training and awareness-raising of workers. The Committee also notes that as order of the Minister of Labour has been adopted to specify the modalities of application of section 231.8 of the Labour Code, which concerns the powers of labour inspectors when the facts they observe present a serious and imminent danger to the physical integrity of workers. The Committee further notes that the Government provides information on two draft orders relating to OSH which are currently being prepared (one order concerns the general protection and health measures applicable to all establishments subject to the Labour Code and the other order concerns the mission and functioning of the safety and health committees set up at the level of establishments or enterprises). The Committee requests the Government to provide a copy of all OSH orders in force, including the one adopted under Article 231.8 of the Labour Code. The Committee also requests the Government to continue to provide information on the process of adoption of the two draft OSH orders mentioned above and to provide copies after their adoption.

Article 2(3) and Article 4(3)(f). Effective consultations between government, employers’ and workers’ representatives. National tripartite consultative body. The Committee notes that section 515.1 of the Labour Code provides that a Consultative Commission on Labour and Social Legislation (CCTLS) shall be established under the Minister of Labour and that its permanent tasks concern: (i) receiving consultations for the development of all legislation concerning labour, employment, continuing education, social security, hygiene, health and safety at work; (ii) studying problems concerning labour, employment, social security, hygiene, health and safety in enterprises, vocational training, the improvement of working conditions and fundamental freedoms and, (iii) the establishment of a permanent tripartite consultation mechanism to promote the implementation of international labour standards and the scrupulous observance of ratified Conventions, and to draw up regular reports on the application of ILO Conventions and Recommendations in the field. The Committee also notes that, according to section 515.3 of the Labour Code, the CCTLS has a tripartite composition. The Committee further notes that the Government informs about the adoption of Order A/2017/3552/METFPET/DNETLS on the establishment, organisation and functioning of the CCTLS. The Committee requests the government to provide detailed information on the functioning and the activities of the CCTLS in practice, including information on its meetings, their frequency, and their outcomes. The Committee also requests the Government to provide a copy of the decree on the creation, organisation and functioning of the CCTLS.

Article 3. National OSH policy. The Committee notes that the Government states that: (i) a national OSH policy has been adopted; (ii) however, steps have been taken by the National Occupational Health Service before the National Directorate of Labour and Social Legislation to develop a policy in accordance with the guidelines of the Occupational Safety and Health Convention, 1981 (No. 155); and, (iii) the terms of reference of this new policy will be drawn up shortly. The Committee requested the Government to take the necessary steps to finalise the development of the national OSH policy in the near future. The Committee requests the Government to take steps to ensure that this policy is developed in accordance with Article 3 of the Convention. The Committee also requests the Government to provide information on the periodic review of the national OSH policy, as well as on the consultations carried out with the most representative employers' and workers' organisations during its development. Finally, the Committee requests the Government to provide a copy of the policy once it is adopted.

Article 4. National OSH system. The Committee notes the Government's indication that the national OSH system includes most of the components listed in Article 4, paragraph 3 of the Convention and that the establishment and operation of these components have a legal basis. However, the Government draws attention to the fact that the national OSH system is known to be dysfunctional due to a lack of technical and material resources. The Committee requests the Government to provide further information on any problems that hinder the functioning of the national OSH system in general, specifying which are the problems, to which elements of the system they relate and the measures taken or envisaged to address these problems.

Article 4, paragraph 2(d). Arrangements to promote, at the level of the undertaking, cooperation between management, workers and their representatives. The Committee notes that section 231.2 of the Labour Code provides that all establishments or undertakings regularly employing at least 25 workers must set up a safety and health committee, and that the committee's task is to study, draw up and ensure the implementation of preventive and protective measures in the field of occupational safety and health. The Committee requests the Government to provide information on the arrangements taken or envisaged to promote, cooperation between management, workers and their representatives, in undertakings which regularly employ fewer than 25 workers.

Article 4, paragraph 3(f). Mechanism for the collection and analysis of data on occupational injuries and diseases. With regard to the collection of data covered by this Article of the Convention, the Committee notes that the Labour Code provides that: (i) the employer is obliged to report to the body responsible for social security and to inform the labour inspector of occupational accidents and diseases within 48 hours of the occurrence of the occupational accident or disease (section 152.1); and, (ii) the occupational health services of enterprises must provide quarterly activity reports to the national service responsible for occupational health, including, inter alia, statistics on diseases ascertained or treated (section 232.8). The Committee also notes that according to section 84 of the Social Security Code, as part of the general policy of prevention, health and safety, and health and social action, the National Social Security Fund must collect, for the various categories of establishments, all the information needed to compile statistics on occupational accidents and diseases, taking into account their causes and the circumstances in which they occurred, their frequency, their effects, and in particular the duration and extent of the resulting disabilities. Noting the absence of information in this respect, the Committee requests the Government to indicate whether measures have been taken or are envisaged to establish a mechanism for the analysis of data on occupational injuries and diseases in accordance with Article 4, paragraph 3(f) of the Convention.

Article 4, paragraph 3(g). Collaboration with insurance or social security schemes covering occupational injuries and diseases. The Committee notes that section 512.1 (4) of the Labour Code provides that one of the main tasks of the labour administration services is to document, advise, coordinate and control the services and bodies involved in the application of social legislation. The Committee requests the Government to provide detailed information on the activities of coordination and control of the services and bodies involved in the application of social legislation carried out by the labour administration services under section 512.1 (4) of the Labour Code. The Committee also requests the Government to provide information on any other measures taken or envisaged with a view to collaboration with insurance or social security schemes covering occupational injuries and diseases.

Article 4, paragraph 3(h). Support mechanisms for the progressive improvement of OSH conditions in micro, small and medium-sized enterprises and the informal economy. The Committee notes the Government's indication that mechanisms as the ones mentioned in this Article of the Convention do not exist. The Committee requests the Government to indicate whether measures have been taken or are envisaged to establish support mechanisms for the progressive improvement of OSH conditions in micro, small and medium-sized enterprises and the informal economy.

Article 5. National OSH programme. The Committee notes that, according to the Government, a national OSH programme has not yet been developed and that measures will be taken to this end with the participation of all partners. The Committee notes that the Government is also requesting technical assistance from the Office to develop this programme. The Committee requests the Government to make efforts to take steps towards the development and implementation of a national OSH programme as required by Article 5 of the Convention. The Committee also requests the Government to provide information on the employers and workers' organizations that have been consulted and the outcome of the consultations undertaken in this regard.

2. Safety and Health in Mines Convention (No. 176)

The Committee takes note of the information provided by the Government in its first report. It notes, however, that the Government does not provide information, or provides insufficient information, on the effect given in law and in practice to Article 5(2)(a) (supervision of safety and health in mines), and (e) (power of the competent authority to suspend or restrict mining activities on safety and health grounds); Article 5(3) (manufacture, storage, transport and use of explosives and initiating devices, and hazardous substances); Article 5(4)(a) (requirements relating to mine rescue, first aid and appropriate medical facilities), (b) (obligation to provide and maintain adequate self-rescue respiratory devices), (c) (protective measures to secure abandoned mine workings), (e) (sanitary conveniences); Article 5(5) (plans of workings); Article 10(b) (supervision and control of each shift), (c) (system allowing to know accurately the names of all persons who are underground); Article 13(1)(a) (right of workers to report accidents, dangerous occurrences and hazards to the employer and the competent authority), (b) (right of workers to obtain inspections and investigations), (d) (right of workers to obtain information relating to their safety or health), (e) (right of workers to remove themselves from a danger), (f) (right of workers to collectively select safety and health representatives); Article 13(2)(b) (right of workers' safety and health representatives to: (i) participate in inspections and investigations; and (ii) monitor and investigate safety and health matters), (c) (have recourse to advisers and independent experts), (e) (consult with the competent authority) and (f) (receive notice of accidents and dangerous occurrences); Article 13(3) (procedures for the exercise of the rights of workers and their safety and health representatives, pursuant to Article 13(1) and (2)) and Article 13(4) (protection against discrimination and retaliation); Article 14 (b) (duty of workers to take reasonable care of their own safety and health and that of other persons who may be affected by their acts or omissions at work), (c) (duty of workers to report forthwith to their immediate supervisor any situation which they believe could present a risk to their safety or health), (d) (duty of workers to cooperate with the employer to permit compliance with the duties and responsibilities placed on the employer). The Committee therefore requests the Government to indicate the specific provisions of the legislation in force, and to provide information on any other measures, which give effect to the aforementioned Articles of the Convention. It also requests the Government to communicate a copy of the relevant provisions.

Article 3 of the Convention. National policy on OSH in the mining sector. The Committee notes the Government's indication that the country has an OSH policy but that it has not yet adopted a specific policy covering the mining sector. The Committee notes that the Government indicates in its report that, for its formulation, it intends to consult the social partners before seeking technical and financial support. The Committee also notes that the government indicates that the regulatory framework for health and safety in mining includes: the Labour Code, the Mining Code, the Environmental Code, the Mining and Quarrying Collective Agreement, the Social Security Code, the National Health Policy, the National Social Protection Policy, the National Health Development Plan 2015-2024 and also the internal regulations of mining companies. The Committee notes that a mine safety and health policy can take different forms, ranging from a specific national policy document to a coherent set of implementing laws and regulations, accompanied by a tripartite process for its review (2017 General Survey, Working together to promote a safe and healthy working environment, paragraph 97). The Committee requests the Government to indicate the progress made in the development of a national policy on health and safety in mines, in consultation with the social partners.

Article 5(1) and (2)(b) and Article 16. Mine safety and health monitoring, remediation and enforcement. The Committee notes that the Government refers to sections 513.1, 513.2 and 513.5 of the Labour Code, which regulate labour inspection. The Committee also requests the Government to provide information on the application of the Convention in practice, including inspection activities, the number of violations found and the number and nature of penalties imposed. It also requests the Government to indicate the number of complaints received concerning unsafe conditions, occupational accidents and diseases in the mining sector.

Article 5(2)(c) and (d) and Article 10(d). Procedures for the investigation of serious and fatal accidents and the compilation and publication of statistics. Appropriate corrective action and measures taken by employers following investigations to prevent future accidents. The Committee notes that according to section 199 of the Mining Code, the National Directorate of Mines and its local representative must be informed by the holder within 72 hours of incidents occurring in a mine, quarry or its dependencies, and if the accidents are serious or fatal, within 24 hours. In addition, the Committee notes that section 152.1 of the Labour Code provides that the employer is required to make a declaration to the body responsible for social security and to inform the labour inspector of accidents and occupational diseases within 48 hours of the occurrence of the accident or the occupational disease. The Committee also notes that according to section 84 of the Social Security Code, as part of the general policy of hygiene, prevention, and safety and health and social action, the National Social Security Fund must (i) collect, for the various categories of establishments, all information enabling it to compile statistics on occupational accidents and diseases, taking into account their causes and the circumstances in which they occurred, their frequency, their effects, and in particular the duration and extent of the resulting disabilities; and (ii) carry out any surveys deemed useful with regard to the health and social status and the health and safety conditions of workers. The Committee requests the Government to provide further information on the procedures for reporting and investigation accidents, fatal or serious accidents, as well as mine disasters and dangerous occurrences. The Committee also requests the Government to provide information on the measures proposed for the compilation and publication of statistics on accidents, occupational diseases and dangerous occurrences in mines. It also requests the Government to provide information on the planned publication of such data, in accordance with Article 5, paragraph 2 (d).

Articles 6 and 7(a), (b), (c), (d), (g), (h) and (i). Assessment and management of risks by the employer. Obligations of employers to eliminate or minimize safety and health risks in mines. The Committee notes that, according to the Government's information, section 37 of the Mining Code provides that the application for a mining concession must be accompanied by a dossier, the details of which are set out in the mining regulations, and which must include a detailed environmental and social impact study, together with an environmental and social management plan, including a hazard plan, a risk management plan and a health, safety and security plan. The Committee also notes that: (i) section 231.3 of the Labour Code provides that employers are required to take all appropriate measures that are suited to the operating conditions of the enterprise; and (ii) section 231.4 of the Labour Code provides that orders of the Ministry in charge of labour shall lay down general protection and health measures applicable to all establishments subject to the law, in particular with regard to precautions to be taken against fire and radiation. The Committee requests the Government to indicate whether the risk management plan and the hygiene, health and safety plan provided for in section 37 of the Mining Code include the assessment and management of risks in accordance with the priority established in Article 6 of the Convention. It also requests the Government to indicate the measures adopted to provide for the obligation of employers referred to in section 7(a) (design of mines), (b) (commissioning and decommissioning of the mine), (c) (arrangements for maintaining the stability of the ground) (d) (exits for underground workplaces), (g) (operating plan and procedures), (h) (precautions to prevent, detect and control the outbreak and spread of fires and explosions), and (i) (stoppage of operations and evacuation of workers in the event of a serious threat to their safety and health).

Article 8. Specific emergency response plan. The Committee notes that, according to the Government, in the event of force majeure as defined in section 87 of the Mining Code, the party concerned must take all necessary steps to minimise the impact of the force majeure on the performance of its obligations and to ensure the normal resumption of the performance of the affected obligations as soon as possible. The Committee requests the Government to indicate the provisions of the national legislation that require the employer to prepare a specific emergency plan to deal with reasonably foreseeable industrial and natural disasters.

Article 9. Physical, chemical or biological hazards. The Committee notes that, according to the Government, section 91(3) of the Mining and Quarrying Collective Agreement provides for the involvement of trade unions in the dissemination of training and information programmes for workers in order to develop positive attitudes to OSH. It also notes that: (i) section 231.9 provides for the obligation to affix to any container, bag or envelope containing dangerous substances a label or inscription indicating the dangers of their use; and (ii) section 231.14 of the Labour Code provides for the obligation of the employer to provide the worker with personal protective equipment when the collective technical preventive measures are insufficient. The Committee requests the Government to indicate the measures taken to ensure that, where workers are exposed to physical, chemical or biological hazards, the employer will be obliged to (a) keep workers informed, in an intelligible manner, of the hazards of their work, the risks to their health and the preventive and protective measures applicable, and (b) take appropriate measures to eliminate or reduce to a minimum the risks resulting from such exposure.

Article 12. Responsibility of the employer in charge of the mine when two or more employers undertake activities at the same mine. The Committee notes the Government's indication that section 231.1 of the Labour Code provides that establishments or enterprises engaged in simultaneous activities in the same workplace must collaborate in applying the prescribed OSH measures, without prejudice to the responsibility of each establishment or enterprise manager for the health and safety of the workers he or she employs. The Committee notes that according to Article 12 of the Convention, where two or more employers undertake activities at the same mine, the employer responsible for the mine shall coordinate the implementation of all measures relating to the safety and health of workers and shall be held primarily responsible for the safety of the operations without relieving the individual employers of their own responsibility for the implementation of all measures relating to the safety and health of their workers. The Committee therefore requests the Government to indicate the measures adopted to give effect to this Article of the Convention.