Demande directe (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Convention (n° 167) sur la sécurité et la santé dans la construction, 1988 - Guinée (Ratification: 2017)

The Committee takes note of the Government’s first report.

Article 4 of the Convention. Assessment of hazards. The Committee notes the indications in the Government’s report that the assessment of occupational safety and health (OSH) hazards in construction activities is carried out through on-site visits by a specialist service, the National Occupational Health Service (SNST). The Committee also notes that under section 231.26 of the Labour Code adopted in 2014, a technical committee on the prevention of occupational hazards shall be established in the construction sector. That committee’s task shall be to issue technical opinions and formulate proposals to be submitted to the Advisory Committee on Labour and Labour Legislation regarding draft laws and regulations applicable to hygiene and OSH. Section 231.27 provides that an Order adopted by the Minister for labour shall determine the composition, structure and operation of the technical committee on the prevention of occupational hazards, further to the opinion of the Advisory Committee on Labour and Labour Legislation. The Committee requests the Government to provide more information on the activities of the technical committee on the prevention of occupational hazards in the construction sector, indicating whether the Order establishing its composition, structure and operation has been adopted by the Minister for labour.

Article 8(1)(a) and (b). Two or more employers undertaking activities simultaneously at one construction site. Principal contractor. The Committee notes that under section 231.1 of the Labour Code, enterprises undertaking activities simultaneously at one construction site must cooperate in the application of measures prescribed for the protection of workers’ health. However, the Government indicates that the national legislation does not stipulate that it is the principal contractor, or other person or body with actual control over or primary responsibility for overall construction site activities, who must coordinate the prescribed measures in the area of safety and health. The Committee requests the Government to provide more information on the measures taken, in law and practice, to ensure that full effect is given to Article 8(1)(a) and (b) of the Convention.

Article 9. Design and planning of a construction project. The Committee notes that under section 231.24 of the Labour Code, enterprises called upon to work on a construction project “exceeding a certain amount” must provide the project contractor with an OSH plan before commencing any activity on the site. This amount is fixed by regulation. The Committee requests the Government to clarify whether the regulation prescribing the amount above which the obligation to submit an OSH plan applies has been adopted. The Committee also requests the Government to indicate the manner in which it ensures that enterprises called upon to work on a construction project that is below the fixed amount, take account of workers’ safety and health in the design and planning of a construction project.

Article 11. Obligations of workers. The Committee notes that section 231.3 of the Labour Code establishes the obligation for workers to make proper use of health and safety systems/devices, which gives effect to Article 11(c) of the Convention. The Government indicates that employees are also advised, in the internal regulations of enterprises, to alert their hierarchical superior regarding any safety issue. The Committee requests the Government to provide information on the measures, in law and practice, which give full effect to this Article concerning workers’ obligations, in particular to cooperate with their employer (Article 11(a)) and to take reasonable care for their own safety and health and that of other persons who may be affected (Article 11(b)).

Article 12(1). Measures in the event of imminent danger. Right of workers to remove themselves from danger. The Committee notes the Government’s indication that, in the event of imminent and serious danger, workers have the right to remove themselves from the danger. The Committee requests the Government to provide information on any legislative provision giving effect to Article 12 of the Convention, which provides that a worker shall have the right to remove himself from danger when he has good reason to believe that there is an imminent and serious danger to his safety or health, and the duty to inform his supervisor immediately.

Article 12(2). Work stopped by the employer in the event of imminent danger. The Committee notes the Government’s reference to section 231.8 of the Labour Code, which empowers the labour inspector to order the stoppage of work when the facts show that there is an imminent and serious danger to workers’ physical safety. The Committee recalls that Article 12(2) provides that where there is an imminent danger to the safety of workers, the employer shall take immediate steps to stop the operation and evacuate workers as appropriate. The Committee requests the Government to take the necessary steps to give effect to Article 12(2) of the Convention.

Article 14(4). Inspection of scaffolds by a competent person.The Committee requests the Government to indicate whether scaffolds are inspected by a competent person to ensure that they are in good condition and safe to use.

Articles 15, 16 and 17. Lifting appliances and gear. Transport, earth-moving and materials-handling equipment. Plant, machinery, equipment and hand tools. The Committee notes that under section 231.13 of the Labour Code, machinery, mechanisms, transmission equipment, tools and mechanical or manual devices must be installed and kept in the safest possible conditions. Moreover, the employer or his representative must organize constant checks on the state of machinery so as to ensure the protection of workers. Section 231.17 provides that it is prohibited to exhibit, put on sale, sell, import, hire out, transfer in any form or use appliances, machinery or parts of machines which are not constructed, laid out, protected or operated in conditions which ensure the safety and health of workers. The Committee also notes that section 48 of the collective agreement governing labour relations between employers and workers in the construction and public works sector, imposes the obligation on employers to provide occupational training adapted to the enterprise concerned. The Committee requests the Government to provide information on: (i) the legislation which prescribes the intervals at which lifting appliances and gear shall be examined and tested and which provides that the results of these examinations and tests shall be recorded (Article 15(1)(d) of the Convention); (ii) the legislation which provides that no person shall be raised, lowered or carried by a lifting appliance unless it is constructed, installed and used for that purpose (Article 15(2)); (iii) the provision of safe and suitable access ways for vehicles, earth-moving or materials-handling equipment, and the organization and control of traffic to secure their safe operation (Article 16(2)); and (iv) the national legislation which prescribes the cases in which, and the times at which, pressure plant and equipment shall be examined and tested (Article 17(3)).

Article 18. Work at heights. The Committee notes that under section 116 of the Construction and Housing Code adopted in 2015, all workers on construction sites must be equipped, according to their job, with equipment to ensure their safety, including a belt for work at heights. The Committee requests the Government to provide further information on other preventive measures taken to prevent the fall of workers and tools or other objects or materials, and to ensure that workers do not step on or fall through fragile material. The Committee also requests the Government to indicate the values prescribed for heights or slopes in excess of which protection measures apply.

Article 19. Excavations, shafts, earthworks, underground works and tunnels. The Committee notes the Government’s reference to section 231.14 of the Labour Code, which requires that adequate ventilation for work in shafts, gas pipelines, smoke vents, cesspits, tanks or any appliances that may contain noxious gases should be ensured, that a safety belt or safety device should be provided, and that surveillance and rescue procedures should be implemented by the competent personnel. The Committee requests the Government to provide information on other precautionary measures taken with regard to excavations, shafts, earthworks, underground works and tunnels, including: (i) suitable shoring or other means to guard against danger to workers from a fall or dislodgement of earth, rock or other material; (ii) procedures to prevent the fall of materials or objects or the inrush of water; (iii) precautions to enable workers to reach safety in the event of fire, or an inrush of water or material; and (iv) the carrying out of appropriate investigations to locate hazards, particularly the circulation of fluids or the presence of pockets of gas.

Article 20. Cofferdams and caissons. The Committee notes the Government’s indication that the national legislation does not contain any particular provisions governing cofferdams and caissons. The Committee requests the Government to take the necessary steps to give effect to this Article of the Convention.

Article 21. Work in compressed air. The Committee notes the Government’s reference to section 231.14 of the Labour Code, which does not appear to contain any provisions concerning work in compressed air. The Committee requests the Government to take the necessary steps to give effect to this Article of the Convention, ensuring that work in compressed air shall be carried out only by workers whose physical aptitude for such work has been established by a medical examination and when a competent person is present to supervise the conduct of the operations.

Article 22. Structural frames and formwork. The Committee notes the Government’s reference to section 123 of the Construction and Housing Code, which establishes general protection measures for workers on construction sites but does not appear to contain specific provisions relating to structural frames and formwork. The Committee requests the Government to provide more detailed information on safety measures adopted specifically in relation to structural frames and formwork, ensuring that: (i) they are erected only under the supervision of a competent person; (ii) adequate precautions are taken to guard against danger to workers arising from any temporary state of weakness or instability of a structure; and (iii) they are designed, constructed and maintained in such a way as to safely support all loads that may be imposed on them.

Article 23. Work over water. The Committee notes the Government’s reference to section 231.15 of the Labour Code and section 123 of the Construction and Housing Code, which do not appear to contain specific provisions relating to work over water. The Committee requests the Government to provide more detailed information on the measures taken in relation to work done over or in close proximity to water to prevent workers from falling into water, to rescue workers in danger of drowning, and to provide safe and sufficient transport.

Article 24. Demolition. The Committee notes that under section 85 of the Construction and Housing Code, demolition operations must conserve the environment and safeguard the safety of persons and property. The Government indicates that in practice this activity occurs under the supervision of the general housing inspectorate. The Committee requests the Government to provide more detailed information on appropriate precautions, methods and procedures adopted, including those for the disposal of waste or residues, when the demolition of any building or structure might present danger to workers or to the public.

Article 25. Lighting. The Committee notes section 231.4 of the Labour Code, which provides that Orders adopted by the Minister for labour shall establish general protection and hygiene measures applicable to all regulated establishments, including with regard to lighting. The Committee requests the Government to indicate whether such an Order on lighting has been adopted under section 231.4 of the Labour Code.

Article 26. Electricity.The Committee requests the Government to provide detailed information on the measures taken to ensure that: (i) all electrical equipment and installations are constructed, installed and maintained by a competent person, and so used as to guard against danger; (ii) there is no danger to workers from the presence of any live electrical cable or apparatus which is under, over or on the site.

Article 27. Explosives. The Committee notes that under section 148 of the Mining Code adopted in 2011, the import, export, manufacture, storage, handling, purchase and sale of explosives for civilian use comes within the competence of the Ministers for mining and security. The conditions governing the import, export, manufacture, storage, handling, purchase and sale of explosives are established by joint Orders adopted by the Ministers for mining, defence and security. The Committee requests the Government to provide information on the joint Orders adopted by the Ministers for mining, defence and security establishing conditions for the storage and handling of explosives for civilian use. It also requests the Government to provide information on the regulatory texts and practical measures relating to conditions governing the transport and use of explosives in construction.

Article 28. Chemical, physical and biological hazards. The Committee notes that under section 231.2 of the Labour Code, heads of establishments, directors, managers or officers in charge of the performance of work that presents particular dangers to workers’ health are responsible for the application of specific protection measures for workers. Moreover, section 231.4 provides that Orders adopted by the Minister for labour shall establish general protection and hygiene measures applicable to all regulated workplaces, especially regarding, inter alia, aeration or ventilation, evacuation of dust and vapour, radiation, noise, vibrations and temperature. The Committee requests the Government to indicate whether the above-mentioned Orders have been adopted under section 231.4 of the Labour Code, particularly regarding physical hazards. It also requests the Government to provide information on the provisions relating to chemical and biological hazards, that ensure that preventive measures are taken as required by Article 28(2). Lastly, the Committee requests the Government to provide information on the measures taken or envisaged to give effect to Article 28(3) concerning preventive measures for any area or atmosphere in which a hazardous substance may be present, and to Article 28(4) concerning waste disposal.

Article 29. Fire precautions. The Committee notes the Government’s indication that practical arrangements for fire precautions include the installation of extinguishers, the establishment of fire assembly points and the installation of smoke detectors. It also notes that section 231.4 of the Labour Code provides that Orders adopted by the Minister for labour shall establish general protection and hygiene measures applicable to all regulated workplaces, including precautions to be adopted against fire. The Committee requests the Government to indicate whether any such Order regarding fire precautions has been adopted under section 231.4 of the Labour Code. It also requests the Government to provide information on facilities established for the storage of flammable liquids, solids and gases.

Article 30(3). Standards for protective equipment and protective clothing.The Committee requests the Government to provide information on the standards set by the competent authority regarding protective equipment and protective clothing, taking account of ergonomic principles.

Article 32(2) and (3). Sanitary facilities. The Committee notes that section 231.4 of the Labour Code provides that Orders adopted by the Minister for labour shall establish general protection and hygiene measures applicable to all regulated workplaces, including with regard to sanitary facilities. The Committee requests the Government to indicate whether any such Order regarding sanitary facilities has been adopted under section 231.4 of the Labour Code.