CMNT_TITLE

Occupational Safety and Health Convention, 1981 (No. 155) - Nigeria (RATIFICATION: 1994)

Other comments on C155

Observation

2013

Direct Request

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The Committee notes the information in the Government’s report and the National Policy on Occupational Safety and Health 2020 (National OSH Policy 2020) referred to therein, regarding measures giving effect to Articles 5(b)–(e) (spheres of action in national policy), 14 (promotion of OSH), 19(a) (workers’ cooperation on OSH) and 19(d) (training for workers and representatives) of the Convention.

Articles 4(1) and 7 of the Convention. Periodic review of the national policy and national situation regarding occupational safety and health (OSH). Following its previous comments on measures taken for the periodic review of the national OSH policy 2006, in consultation with social partners, the Committee notes with interest the information provided by the Government regarding the revision of such policy and the adoption of the National OSH Policy 2020, in consultation with social partners and relevant stakeholders. The Committee further notes that, according to the National OSH Policy 2020, such policy shall be subject to review every three years by the Federal Ministry of Labour and Employment, in collaboration with the most representative organizations of workers and employers, other relevant stakeholders, the Tripartite–Plus group, professional bodies and practitioners. The Committee also notes that Nigeria has a national OSH profile, established in 2016 with the assistance of the ILO. The Committee requests the Government to provide information on the periodic review of the National OSH Policy 2020, in consultation with the most representative organizations of workers and employers.

Article 8. Legislation. The Committee has previously noted the Government’s indication, since 2012, that an OSH Bill was being drafted. In this regard, the Committee notes that the Government refers once again to the OSH Bill, indicating that a number of measures to implement the Convention have been taken through its provisions, and stating that a copy would be transmitted once adopted. The Committee hopes that the Government will be in a position to adopt the OSH Bill in the near future, in consultation with the representative organisations of employers and workers concerned, and requests the Government to provide a copy of the new Act, once adopted.

Article 9(2). Adequate penalties. The Committee notes that, according to paragraph 4.1.24 of the National OSH Policy 2020, the responsibilities of the Federal Ministry of Labour and Employment include the institution of mechanisms for ensuring compliance with national laws and regulations, including system of inspection, where adequate penalties should be provided for OSH violations. Noting that the OSH Bill has yet to be adopted and that existing legislation related to OSH does not apply to all categories of workers covered under the Convention, the Committee hopes that due account will be taken of Article 9(2) in its ongoing legislative developments. The Committee requests the Government to provide further information on how it gives effect to Article 9(2).

Article 11(b) and (f). Functions of the competent authority. Work processes, substances and agents the exposure to which is prohibited, limited or made subject to authorization or control. Systems to examine chemical, physical and biological agents. In response to its previous comments on measures taken to give effect to these provisions, the Government indicates that the OSH Bill will take Article 11(b) and (f) into account. The Committee also notes that, pursuant to paragraph 4.1.1 of the National OSH Policy 2020, the Federal Ministry of Labour and Employment has the function envisaged under Article 11(b). The Committee requests the Government to provide information on the implementation, in practice, of the Federal Ministry of Labour and Employment’s function under paragraph 4.1.1 of the National OSH Policy 2020. The Committee also requests the Government to provide further information on how it ensures that the competent authority progressively carries out the function of introducing or extending systems to examine chemical, physical and biological agents in respect of the risk to the health of workers, taking into account national conditions and possibilities (Article 11(f)).

Article 11(c) and (e). Notification of occupational accidents and diseases. Annual publication of information on occupational accidents, occupational diseases and other injuries to health. Application of the Convention in practice. The Committee notes that the National OSH Policy 2020 provides for the Federal Ministry of Labour and Employment to establish and apply procedures for the notification of occupational accidents and diseases by employers, appropriate insurance institutions and others directly concerned in the production of annual statistics on occupational accidents and diseases. The National OSH Policy 2020 also requires that the Federal Ministry of Labour and Employment ensure the annual publication of information regarding measures taken in pursuance of the policy, and on occupational accidents, occupational diseases and other injuries to health, which arise in the course of, or in connection with work. Nevertheless, the Committee notes that, according to the Government, there are difficulties with regard to underreporting of occupational accidents and diseases, and indicates that there is no consistent national reporting system. In this regard, the Committee notes the Government’s indication that there were 51 accidents reported between January and May 2020. The Committee requests the Government to provide information on the measures taken to improve the notification of occupational accidents and diseases, and the collection and publication of such statistics. Noting its comment under Articles 20 and 21 of the Labour Inspection Convention, 1947 (No. 81), the Committee requests the Government to continue to provide information on the number of occupational accidents and diseases reported (disaggregated by sector, age and gender) and also to provide further information on measures taken to ensure the annual publication of information on measures taken pursuant to the policy.

Article 12(c). Obligations of those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. Following its previous comments on measures giving effect to this provision, the Committee notes paragraphs 4.6 and 4.7 of the National OSH Policy 2020, define the duties of transporters and of persons or organizations who design, manufacture, import or supply any equipment, article or substance for use at work, which give effect to Article 12(a) and (b). The Committee requests the Government to indicate the measures taken to ensure that, in accordance with Article 12(c), those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use undertake studies and research or otherwise keep abreast of the scientific and technical knowledge necessary to comply with Article 12(a) and (b).

Articles 13 and 19(f). Protection of a worker from undue consequences. Removal from situations of imminent and serious danger. The Committee notes that, under the National OSH Policy 2020, workers have a duty to report forthwith to their immediate supervisor any situation that could present a hazard. The National OSH Policy also specifies that, upon report, workers are to withdraw temporarily from such hazards or undue risks considered as life-threatening, pending rectification of the situation. The Committee observes, however, that the Policy does not clearly set out whether 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, shall be protected from undue consequences. The Committee requests the Government to provide further information on the measures taken to give full effect to Article 13, and the application in practice of this provision in the country. The Committee also requests the Government to provide further information on the measures taken to ensure that an employer cannot require workers to return to a work situation where there is continuing imminent and serious danger to life or health.

Article 15(1). Arrangements, after consultations with representative employers’ and workers’ organizations, to ensure the necessary coordination between various authorities and bodies. Following its previous comments on this issue, the Committee notes that the National OSH Policy 2020 requires cooperation on OSH matters between the Federal Ministry of Labour and Employment, as the central authority on OSH, and different bodies, such as relevant Ministry Departments and Agencies, national and international institutions, and organizations playing a role in OSH. The National OSH Policy 2020 also requires coordination between the Federal Ministry of Health and other bodies and stakeholders, such as stakeholders in the National Health Information Management System (NHIMS) on occupational accidents, injuries and diseases, by providing information on such cases in medical facilities nationwide. In addition, the Committee notes that, according to section 5.1 of the national OSH profile, there are several OSH enforcement bodies, including the OSH Department of the Federal Ministry of Labour and Employment, staffed mainly with factory inspectors, the OSH Division of the Federal Ministry of Health, and the Lagos State Safety Commission. The Committee requests the Government to provide further information on the application in practice of the coordination mechanisms established by the National OSH Policy 2020. The Committee further requests the Government to indicate any measures taken to ensure coordination between the different authorities that have inspection and enforcement duties on OSH.

Article 17. Cooperation between two or more undertakings engaging in activities simultaneously at one workplace. Noting that, in response to its previous request, the Government only refers to the OSH Bill, the Committee once again requests the Government to provide detailed information on measures taken to implement this provision by laws or regulations or by any other method consistent with national conditions and practice.

Article 19(b), (c) and (e). Arrangements at the level of the undertaking. Cooperation in the field of OSH. Adequate information on measures taken. Inquiry and consultation on all aspects of OSH associated with the work. The Committee notes that, pursuant to paragraph 4.4 of the National OSH Policy 2020, employers shall ensure cooperation between management, workers and their representatives on matters relating to safety and health in the workplace, and organize quarterly and bilateral meetings between management and workers’ representatives on such matters. The Committee also notes that paragraph 4.9 of the Policy provides for employers’ duty to establish safety and health committees at the level of the enterprise to facilitate the implementation of OSH policies and programmes. The Committee requests the Government to provide further information on the application in practice of the requirement to establish safety and health committees at the undertaking level. The Committee also requests the Government to provide further information on measures taken to ensure that representatives of workers are given adequate information on the measures taken by employers’ to secure OSH and also on the measures which are in place for employers to consult with representative organisations about such information, provided they do not disclose commercial secrets.

Article 21. OSH measures involving no expenditure for workers. The Committee notes the requirement in paragraph 4.4.1 of the National OSH Policy 2020, that occupational health protection and personal protective clothing and equipment, which are appropriate for the nature of the job, be provided by the employer at no cost for the workers. Noting that Article 21 extends to OSH measures in general, the Committee requests the Government to specify whether the obligation that there should be no cost for workers extends to all OSH measures.