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 13 (white lead), 62 (safety provisions, building), 119 (guarding of machinery), 120 (hygiene, commerce and offices) and 155 (OSH) together.

Legislation. Noting that, in its report, the Government indicates that the draft revised Labour Code reflects significant progress with regard to OSH, the Committee requests the Government to continue to provide: (i) information on any measures taken towards the adoption of this draft; and (ii) a copy of the new Labour Code, once it has been adopted.

A. General provisions

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

Article 11(a), (b) and (f) of the Convention. Functions to be progressively implemented. Further to its previous comment, the Committee notes the Government’s reference to section 350 of the draft revised Labour Code, which, taking account of the nature of the undertaking’s activities, sets out the obligation of the employer to evaluate OSH risks, including in the choice of manufacturing processes, work equipment and chemical preparations in the construction and renovation of workplaces or plants, and in job descriptions. The Committee notes that this draft section 350 could, if adopted, give full effect to the provisions of Article 11(a) of the Convention and partial effect to the provisions of Article 11(b). The Committee requests the Government to provide information on: (i) any measures taken to give full effect to Article 11(a) and (b) of the Convention; and (ii) any measures taken or envisaged to ensure that the functions listed in Article 11(f) of the Convention are progressively implemented.

Article 11(e). Annual publication of information. In response to the Committee’s previous comment, the Government indicates that the data gathered by the National Social Security Fund in application of section 130 of Decree No. 09.116 on the procedure for the application of Act No. 06.035 of 28 December 2006, issuing the Social Security Code, are used in the annual publication of statistics on occupational accidents and diseases. The Committee also notes the information provided in the Government’s report on the number of occupational accidents and diseases, and of commuting accidents, for 2020 and 2021 recorded by the National Fund. The Committee requests the Government to indicate the manner in which this information is published in accordance with Article 11(e).

Article 12. Certain obligations of those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use.Noting the absence of any new information on this point, the Committee once again requests the Government to provide information on themeasures taken or envisaged to give effect to Article 12 of the Convention in relation to the obligations of those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use.

Article 14. Inclusion of questions of OSH in education and training programmes. Further to its previous comments, the Committee notes the Government’s information that national labour legislation provides for measures aimed at promoting education and training programmes for enterprise managers and OSH committee members at two levels: (i) technical capacity-building sessions led by labour inspectors and medical labour inspectors; and (ii) sessions organized by the Central African Agency for Employment and Vocational Training (ACFPE). The Committee requests the Government to specify the provisions of national legislation that apply in this regard.

Article 15. Necessary coordination between various authorities and bodies. In response to the Committee’s previous comment, the Government indicates that the Ministry of Labour, Employment, Vocational Training and Social Protection has established a coordination system with the social partners and other stakeholders involved in all reforms concerning the development and adoption of national policies on social protection and other specific issues, such as OSH, in a social dialogue setting. The Committee requests the Government to provide further information on the organization and functioning of this coordination system, specifying the parties involved, the activities carried out and the results achieved.

Article 16(3). Adequate protective clothing and equipment. Further to its previous comment, the Committee notes the Government’s reference to section 127 of the Labour Code, which sets forth that the employer must provide workers with the equipment and tools necessary for the proper performance of their tasks. The Government also indicates that the draft revised Labour Code envisages strengthening the OSH system, as section 348(5) of this draft sets forth the obligation of the employer to provide workers with personal and collective protective equipment and section 349(8) sets forth the obligation of the employer to prioritize collective protection measures over personal protection measures. The Committee requests the Government to continue to provide information on the measures taken or envisaged to ensure that the draft revised Labour Code is adopted and gives full effect to Article 16 of the Convention.

B. Protection against specific risks

White Lead (Painting) Convention, 1921 (No. 13)

Article 7 of the Convention. Statistics with regard to lead poisoning among working painters. In response to the Committee’s previous comment, the Government indicates that in 2021 the National Social Security Fund recorded two cases of lead poisoning among working painters, while none were recorded in 2020. The Committee requests the Government to continue to provide information on the application of the Convention in practice.

Guarding of Machinery Convention, 1963 (No. 119)

Article 10(1) of the Convention. Obligation of the employer to provide workers with information. In response to the Committee’s previous comment, the Government indicates that section 348 of the draft revised Labour Code sets forth the obligation of the employer to take the necessary measures to ensure the safety and protect the health of the workers, including through information, training and preventive actions regarding occupational risks, as well as to provide protective equipment. The Government adds that section 353 of this draft also provides that the employer’s instructions must specify, particularly when warranted by the type of risk, the conditions of use of work equipment and protection means. The Committee requests the Government to provide specific information on any measures taken or envisaged to ensure that the employer brings applicable national laws to the notice of workers and instructs them, as and where appropriate, regarding the dangers arising and the precautions to be observed in the use of machinery.

C. Protection in specific branches of activity

Safety Provisions (Building) Convention, 1937 (No. 62)

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018) confirmed the classification of Convention No. 62 as an outdated instrument and has placed an item on the agenda of the 112th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also requested the Office to undertake follow-up action to actively encourage the ratification of the up-to-date OSH instruments, particularly the Safety and Health in Construction Convention, 1988 (No. 167), and to offer targeted technical assistance to those countries requiring most support. The Committee notes that, in response to its previous comment, in which it encouraged the Government to consider ratifying the most up-to-date OSH instruments, the Government indicates that it made a request to the Office for technical assistance in 2022, which it reiterated in 2023. The Committee notes this request and hopes that technical assistance will be provided in the near future. In addition, the Committee requests the Government to continue to provide information on any measures taken or envisaged with a view to ratifying the most up-to-date OSH instruments, including Convention No. 167.

Article 3(a) of the Convention. Obligation of the employer to provide workers with information. In the absence of new information on this point, the Committee once again refers the Government to its comments above on the application of Article 10(1) of Convention No. 119.

Article 6. Statistics on accidents.In the absence of new information on this point, the Committee once again requests the Government to provide information on statistics concerning occupational accidents in the construction industry.

Article 7(1), (2), (5), (6), (7) and (8). Scaffolds. In the absence of new information on this point, the Committee once again requests the Government to provide information on any measures taken or envisaged to give effect to Article 7(1), (2), (5), (6), (7) and (8) of the Convention.

Article 16. Personal safety equipment. The Committee notes the information provided by the Government in response to its above comment on Article 16(3) of Convention No. 155.

Article 17. Risk of drowning.In the absence of new information on this point, the Committee once again requests the Government to provide information on any measures taken or envisaged to ensure that all necessary equipment is provided and kept ready for use and that all necessary steps are taken for the prompt rescue of any person in danger when work is carried on in proximity to any place where there is a risk of drowning.

Hygiene (Commerce and Offices) Convention, 1964 (No. 120)

Article 17 of the Convention. Personal protective equipment. The Committee notes the information provided by the Government in response to its above comment on Article 16(3) of Convention No. 155.

Article 18. Noise and vibrations.In the absence of new information on this point, the Committee once again requests the Government to provide information on any measures taken or envisaged to reduce as far as possible noise and vibrations likely to have harmful effects on workers in commercial workplaces and offices.