Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

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Occupational Safety and Health Convention, 1981 (No. 155) (Ratification: 2009)
Occupational Health Services Convention, 1985 (No. 161) (Ratification: 2009)

Previous comment on Convention No. 155: direct requestPrevious comment on Convention No. 161: direct request

In order to provide an overview of the issues relating to the application of the ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 155 (OSH) and 161 (occupational health services) in the same comment.

Occupational Safety and Health Convention, 1981 (No. 155)

Articles 13 and 19(f) of the Convention. Protection of workers who have removed themselves from a situation presenting an imminent and serious danger. The Committee previously noted that the obligation in section 139 of the Labour Code to notify the employer of any work situation presenting a danger did not give full effect to Articles 13 and 19(f) of Convention No. 155. In this regard, the Committee notes the Government’s indication in its report that workers can inform the OSH committees, which in turn inform the labour inspectors, who refer the matter to a judge for an urgent application, if the employer asks the workers to resume work in a situation where there is continuing imminent and serious danger to life or health. However, the Committee notes an absence of information on the manner in which it is ensured that any workers who have removed 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, in accordance with Article 13 of Convention No. 155. The Committee therefore once again requests the Government to take the necessary measures to ensure that any workers who have removed 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, in accordance with Article 13 of Convention No. 155. Also noting that OSH committees are not established in all enterprises, the Committee also requests the Government to provide information on the manner in which it is ensured in practice that workers cannot be required to return to a work situation where there is continuing imminent and serious danger to life or health, until the employer has taken remedial action (Article 19(f)).

Occupational Health Services Convention, 1985 (No. 161)

Article 2 of the Convention. Formulation, implementation and periodic review, in consultation with the most representative organizations of employers and workers, of a coherent national policy on occupational health services. Further to its previous comments, the Committee notes the adoption of the national OSH policy on 30 June 2017, and observes that this policy contains information on occupational health services but not on any strategy devoted to these services. The Committee therefore requests the Government to take the necessary steps to formulate, implement and periodically review a coherent national policy on occupational health services, in consultation with the most representative organizations of employers and workers.

Article 3. Progressive development of occupational health services for all workers. The Committee previously asked the Government to indicate the extent to which workers benefit in practice from health services. It notes the Government’s reply that enterprise health services do not exist in sectors other than mining. In this regard, section 362 of Decree No. 2017-682/PRN/MET/PS issuing the regulatory part of the Labour Code establishes the possibility for establishments with fewer than 250 workers to adopt healthcare agreements, laying down obligations regarding visits, medical examinations, and urgent and first aid treatment, in medical centres and official dispensaries. However, the Government indicates that even though the healthcare agreement system is widespread, the services covered by these agreements are not occupational medical services. The Committee hopes that the Government will take the necessary steps to progressively develop occupational health services for all workers. It requests the Government to continue to provide information on the extent to which workers benefit in practice from health services in all sectors and on the steps taken to develop occupational health services for all workers.

The Committee is raising other matters in a request addressed directly to the Government.