CMNT_TITLE

Occupational Safety and Health Convention, 1981 (No. 155) - Niger (RATIFICATION: 2009)

Other comments on C155

Observation

2022

Direct Request

2022
2015
2014
2013
2011

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The Committee welcomes the Government’s ratification, on 14 May 2015, of the Protocol of 2002 to the Occupational Safety and Health Convention, 1981.

The Committee notes the information provided by the Government in reply to its previous comments on Article 14 of the Convention concerning the inclusion of occupational safety and health issues in education and training programmes.

Legislative developments. The Committee notes that, according to the information in the report submitted by the Government under the Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148), the regulatory part of the Labour Code (the legislative part having been promulgated in 2012) is in the process of enactment. The Committee requests the Government to provide a copy of the regulatory part of the new Labour Code as soon as it has been adopted.

Articles 4, 5, 6, 7 and 15 of the Convention. Principles of national occupational safety and health policy. The Committee notes the indication in the Government’s report that a process for the framing and adoption of a national occupational safety and health policy has been launched, and that in the course of this process a draft document was endorsed at a workshop, in collaboration with the social partners, and submitted to the Technical Advisory Council on Health in 2014. The Committee also notes that in its report submitted under Convention No. 148, the Government refers to the National Coordination of Occupational Safety and Health Committees, the purpose of which is to contribute to the establishment of a common strategy for occupational risk prevention. The Committee hopes that the Government will take all necessary steps to ensure that the national occupational safety and health policy that is currently being developed will include the main spheres of action listed at Article 5, that it will take account of the situation regarding workers’ occupational safety and health and the working environment, which, according to Article 7, is to be reviewed at appropriate intervals, and that it will indicate the respective functions and responsibilities of public authorities, employers, workers and others involved in the safety and health of workers (Article 6) while ensuring the necessary coordination between various authorities and bodies called upon to give effect to the policy (Article 15). It requests the Government to continue to provide information on progress made in this regard, and particularly on the consultations held with the most representative organizations of employers and workers, and to send a copy of the national policy as soon as it has been adopted. It also requests the Government to provide detailed information on the measures taken to establish a common strategy for occupational risk prevention.

Article 11(a)–(f). Obligation of the competent authorities to progressively ensure certain functions. The Committee notes the information supplied by the Government on the procedure for reporting occupational accidents and cases of disease. It nonetheless observes that the Government’s report contains no information on the production of annual statistics on occupational accidents and diseases (Article 11(c)) or on the application of the other subparagraphs of this Article. Consequently, the Committee requests the Government to indicate the measures taken or envisaged to ensure that the competent authorities progressively carry out the functions set out in Article 11(a)–(f).

Article 12. Obligations on persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee notes that, according to section 140 of the Labour Code, decrees must be adopted to determine the lists of substances or preparations that entail dangers for workers the use of which are limited or regulated and the lists of machinery or hazardous parts of machinery the manufacture, sale, import, transfer and use of which are prohibited. It also notes that, according to the Government, the Occupational Safety and Health Directorate, in collaboration with the social partners, has the assistance of a technical committee for the approval of substances, machinery and equipment. The Committee requests the Government to provide copies of the decrees provided for in section 140 of the Labour Code, indicating the specific obligations that have to be met by those who design, manufacture, import, provide or transfer the machinery or substances. It also asks the Government to provide information on the role and functioning of the technical approval committee.

Article 13 and 19(f). Protection of workers who have removed themselves from a work situation presenting an imminent and serious danger. The Committee notes that, according to section 139 of the Labour Code, employees must immediately notify to the employer any work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health, and any defect they note in systems of protection. The Committee observes that this provision does not expressly prohibit the employer from asking workers to return to a work situation where there is a continuing imminent and serious danger to life or health, nor does it protect workers against any undue consequences resulting from the exercise of their right to remove themselves from danger. The Committee requests the Government to take all necessary measures to ensure that any workers who remove themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to life or health are protected against undue consequences, and that employers may not ask workers to return to a work situation where there is continuing imminent and serious danger to life or health. Please provide information on these measures.

Article 19(b)–(e). Rights of representatives of workers in the field of occupational safety and health. The Committee notes that the representation of staff in occupational safety and health matters is ensured through staff delegates in establishments or enterprises with more than ten employees (section 218 of the Labour Code), and without prejudice to the duties of these representatives, by occupational safety and health committees in establishments or enterprises with 50 or more employees (sections 146 and 147 of the Labour Code and Decree No. 96-408/PRN/MFPT/E of 4 November 1996 on procedures for the establishment, organization and functioning of occupational safety and health committees). The Committee requests the Government to indicate the measures taken to give effect to Article 19(b)–(e) in establishments or enterprises of ten or fewer employees.

Article 21. No expenditure by workers for occupational safety and health measures. Noting the information supplied by the Government that the employer bears the operational costs of occupational safety and health committees, the Committee requests the Government to indicate the legislative or other provisions ensuring that occupational safety and health measures involve no expenditure for workers.

Application in practice. The Committee notes the statistical information sent by the Government in its reports under this Convention and the Occupational Health Services Convention, 1985 (No. 161). It notes in particular that in the course of 2013, 252,012 workers were registered with the National Social Security Fund and that 2,415 breaches of the labour legislation were reported, 2,404 of which were sanctioned with formal notices. The Committee further notes that in the same year, 244 occupational and commuting accidents were reported, 15 of which were fatal. The Committee requests the Government to continue to provide information on the application of the Convention in practice, and particularly on the total number of workers covered by the legislation, the number and nature of the infringements reported by the inspection services and the number, nature and causes of the occupational accidents and cases of disease reported.