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Previous comment: C.120

In order to provide a comprehensive view 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 120 (hygiene (commerce and offices)), 155 (OSH), 161 (occupational health services) and 187 (promotional framework for OSH) together.
The Committee notes the Government’s first reports concerning Conventions Nos 155, 161 and 187.
  • General provisions

OSH and its promotional framework (Conventions Nos 155 and 187)

Article 1 of Convention No. 155. Application to the public and informal sectors. The Committee notes that, according to the Government’s information, the protection measures provided for by the Convention apply to all workers under the terms of section L.2 of the Labour Code, irrespective of the branch of economic activity. In this regard, the Committee notes, however, that this section does not apply to persons appointed to a permanent post in the public administration. The Committee therefore requests the Government to provide further information on the implementation of the protection granted by the Convention to persons working in the public sector. With regard to the application of the protection of the Convention to workers in the informal economy, the Committee refers to its comments below on Article 4(3)(h) of Convention No. 187.
Article 2(3) of Convention No. 187. Periodic consideration of the measures which, in consultation with the social partners, could be taken to ratify relevant OSH Conventions. The Committee requests the Government to provide information on the periodicity of the examination of the measures which could be taken with a view to the ratification of the relevant ILO OSH Conventions.

Action at the national level

  • National policy
Articles 4 and 5(a), (b), (d) and (e) of Convention No. 155. Account taken in the national OSH policy of the spheres of action that affect the safety and health of workers and the working environment. The Committee notes the Government’s indication in its report that the general objective of the national OSH policy (adopted in 2017) is to strengthen human capital in the working environment by preventing occupational risks and effectively managing accidents and harm to workers’ health. The Government adds that the specific objectives of this policy include: (i) strengthening inspection and monitoring of workplaces, as well as strategies for information, communication, education and training on OSH matters; (ii) promoting occupational health services in all activity sectors; (iii) improving the conditions and working environment in different activity sectors; (iv) protecting vulnerable groups; and (v) combating arduous work. The Committee requests the Government to provide detailed information on the implementation of these different objectives of the national OSH policy in terms of the various spheres of action listed in Article 5(a), (b) and (d) of the Convention. In addition, the Committee requests the Government to indicate how, within the framework of this policy, account is taken of the protection of workers and their representatives from disciplinary measures as a result of actions properly taken by them in conformity with the above policy (Article 5(e)).
  • National system
Article 8 of Convention No. 155 and Article 4(1) and (2)(a) of Convention No. 187. Periodic review of the national system for OSH. The Committee notes that, according to the Government’s information, the Labour Code, the Decree No. 94-244 of 7 March 1994 determining the terms for the organization and functioning of the health and safety committees and the Decree No. 2006-1258 of 15 November 2006 determining the tasks and the regulations for the organization and functioning of the occupational health services are currently being revised. The Committee requests the Government to provide information on the process of revision of all these texts, consultation with the most representative employers’ and workers’ organizations in this domain and, where possible, the results of the above process of revision.
Articles 6 and 15 of Convention No. 155 and Article 4(2)(b) of Convention No. 187. Functions and responsibilities in respect of the national OSH system. The Committee notes that strategic objective No. 1.2 of the national OSH programme for 2023–2027 (strengthen the OSH institutional framework) aims to establish the High Council for the prevention of occupational risks, which will be responsible for ensuring the coordination of the national OSH policy. The Committee requests the Government to provide detailed information on the implementation of this specific objective.
Article 11(b) of Convention No. 155. Consideration taken of the hazards due to the simultaneous exposure to several substances or agents. The Committee notes that under the terms of section L.168 of the Labour Code, a decree may determine the specific requirements for certain types of hazardous materials and substances. It notes the provision of Decree No. 2006-1257 of 15 November 2006 determining the minimum requirements for protection against chemical risks. The Committee requests the Government to provide information on the measures taken to progressively implement Article 11(b) of the Convention, including with regard tohazards due to the simultaneous exposure to several substances or agents.
Article 11(f) of Convention No.155 and Article 4(3)(f) of Convention No.187. Introduction or extension of systems to examine chemical, physical and biological agents in respect of the risk to the health of workers.The Committee requests the Government to indicate how, in law and in practice, effect is given to this provision.
Article 9(1) of Convention No. 155 and Article 4(2)(c) of Convention No. 187. Inspection system.The Committee refers the Government to its comment under Article 16 of Convention No. 161 above, as well as its comments under the Labour Inspection Convention, 1947 (No. 81).
Article 9(2) of Convention No. 155. Appropriate penalties.Noting that, as part of the revision of the Labour Code, a whole chapter is dedicated to penalties, especially the issue of proportionality between violations and penalties, the Committee refers the Government to its comment under Article 18 of Convention No. 81.
Article 4(3)(h) of the Convention No. 187. Progressive improvement of occupational safety and health conditions in small and medium-sized enterprises and in the informal economy.Noting that the specific objective No. 5.3 of the national OSH programme 2023–27 aims particularly to promote OSH in the informal economy by establishing a network of trainers for the WIIS (Improving working conditions in the informal sector) and WISE (Improving working conditions in small enterprises) programmes, the Committee requests the Government to provide information on the implementation of this objective.
Article 5(1) and (2)(c) of Convention No. 187. Monitoring, evaluation and periodical review of a national programme and policy on OSH. Conditions of review. The Committee notes that the national policy – the national OSH programme for 2023–27 – shows that: (i) a periodic review of the national OSH programme should be carried out to check that it is producing the expected results; (ii) it is necessary to provide for the monitoring procedures of such a programme; (iii) it is strongly recommended that this monitoring is handled by a tripartite committee set up by order of the Minister of Labour; and (iv) to this end, a description of the material and budget of the functioning of this committee is attached to the document in question. The Committee requests the Government to provide information on any measures taken or envisaged with a view to setting up the tripartite committee in question and to specify the procedures for the review of the national OSH programme in light of the requirements of Article 5(2)(c) of the Convention.
Article 12 of Convention No. 155. Obligations of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee requests the Government to indicate the manner in which, in law and in practice, effect is given to the provisions of this Article.
  • Action at the level of the enterprise
Article 20 of Convention No. 155 and Article 4(2)(d) of Convention No. 187. Cooperation between employers, workers and their representatives. The Committee notes the Government’s indication that 74 occupational health and safety committees were established in 2022, 18 more than in 2021. It also notes that, of the 14,135 infringements identified by the labour inspectorate in 2022, only five related to a lack of effectiveness of this type of committee. In addition, the Committee notes that specific objective No. 5.2 (to promote OSH in the public and semi-public sector) of the national OSH programme 2023–2027 aims, inter alia, to ensure that occupational health and safety committees are set up in workplaces with at least 50 workers, and that their members are trained. The Committee requests the Government to provide information on any measures taken or envisaged to implement this objective.

Occupational Health Services Convention, 1985 (No. 161)

Application of the Convention in the public and informal sectors.Noting that specific objective No. 5.1 of the national OSH programme 2023–27 aims to promote OSH services as part of workplace compliance in the public, private and informal sectors, the Committee requests the Government to provide detailed information on any measures taken or envisaged to implement this objective in the public and informal sectors.
Article 5. Functions of occupational health services.The Committee requests the Government to provide detailed information on the application in practice of this Article of the Convention, as well as on the implementation of specific objective No. 2.2 of the national OSH programme 2023–27, which aims to promote occupational health services. In particular, the Committee requests the Government to provide detailed information on the functions of the occupational health services with regard to ergonomics and individual and collective protective equipment (Article 5(e) and (i)).
Article 9(3). Cooperation and coordination between occupational health services.The Committee requests the Government to provide information on the implementation of strategic objective No. 1.2 of the national OSH programme 2023–2027, which aims to strengthen the institutional OSH framework, in particular through the adoption of an order issuing the establishment and functioning of national coordination for the health and safety committees and sectoral committees.
Article 10. Independence of occupational health services personnel. The Committee notes that, in accordance with Decree No. 67-147, issuing the Code of Conduct for medical practitioners, doctors may not give up their professional independence. The Committee requests the Government to indicate how the professional independence of other members of occupational health services (nurses, medical secretaries and emergency workers) is ensured.
Article 12. Surveillance of workers’ health in relation to work. Noting that, in accordance with section L.176 of the Labour Code, surveillance of workers’ health in relation to work must not involve any expense for them, the Committee requests the Government to provide information on any measures taken or envisaged to ensure that this surveillance shall involve no loss of earnings for them and shall take place as far as possible during working hours.
Article 13. Information for workers of health hazards involved in their work.The Committee requests the Government to provide information on the measures taken to ensure that, in practice, all workers are informed of the health hazards involved in their work.
Article 14. Informing the occupational health services of any known factors and any suspected factors in the working environment which may affect the workers’ health.The Committee requests the Government to provide information on the measures taken to ensure that, in practice,the occupational health services are informed by the employer and workers of any known factors and any suspected factors in the working environment which may affect the workers’ health.
Article 15. No verification of the reasons for absence from work. The Committee notes that, in accordance with section 86 of the national inter-occupational collective agreement, if workers who are sick do not report their condition to the enterprise’s medical service within 48 hours, they must, except in a case of force majeure, notify their employer of the reason for their absence and provide a medical certificate. The employer may initiate a follow-up examination by the works doctor or by any doctor he or she chooses. The Committee requests the Government to provide information on any measures taken or envisaged to amend its legislation with a view to ensuring that the employer cannot require the occupational health services personnel to verify the validity of the reasons for absence of a worker.
Article 16. Authority responsible both for supervising the operation of and for advising occupational health services. The Committee notes that, according to the national OSH programme 2023–27, the medical labour inspectorate, which is responsible for, inter alia, supervising the operations of the occupational medical services and issuing its views to the labour inspection services as provided for by Decree No. 2006-1258 of 15 November 2006, determining the tasks and the regulations for the organization and functioning of the occupational health services, is not operational. Noting also that the specific objective No. 2.1 of the above national programme aims to establish medical labour inspection, by hiring and training a work doctor, occupational nurses and suitable personnel, the Committee requests the Government to provide detailed information on the implementation of this objective.

Protocol to Convention No. 155

Articles 2, 3, 4 and 5 of the Protocol. Requirements and procedures for recording and notification of occupational accidents and occupational diseases and, where appropriate, of dangerous occurrences, commuting accidents and suspected cases of occupational diseases. The Committee notes that: (i) priority No. 3 of the national OSH programme 2023–2027 is the harmonization of data collection tools and accessibility of OSH statistics; (ii) specific objective No. 3.2 is the establishment of a single OSH data management system, by incorporating all the data on occupational accidents and diseases into a database under the OSH information system; and (iii) specific objective No. 3.1 aims to strengthen the system for notification of occupational accidents and diseases. The Committee requests the Government to provide information on the implementation of this priority and these two objectives, including in the public sector. In addition, the Committee requests the Government to provide information on the procedures for the review of the above requirements and procedures for recording and notification (Article 2), as well as on any other measure taken or envisaged to give effect to Articles 3(a)(ii), (iii) and (iv), (b), (c) and (d), 4(a)(ii) and (c) and 5 of the Protocol.
Articles 6 and 7. Annual publication of statistics concerning occupational accidents, occupational diseases and, as appropriate, dangerous occurrences and commuting accidents, as well as the analyses thereof. The Committee notes that statistical data on occupational accidents and occupational diseases are published annually in the labour statistics report and the document entitled Labour in Figures. The Committee also notes the Government’s indication that, with regard to data collection, there are plans to improve and align the data collection mechanisms of the labour and social security inspectorates, the Social Security Fund and the Directorate of Labour Statistics and Studies. The Committee requests the Government to provide information on any measures taken or envisaged to improve and align the data collection mechanisms and ensure that the annual statistics represent the whole country in respect of occupational accidents, occupational diseases and, as appropriate, dangerous occurrences and commuting accidents, as well as the analyses thereof.
  • Protection in specific branches of activity

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

Application of the Convention in practice. In response to the Committee’s previous request, the Government indicates that the monitoring of the working conditions of personnel employed in commerce and offices is ensured by the labour and social security inspection services, which dedicated 38.63 per cent of the 5,112 inspections carried out in 2022 to the commerce sector (which is the largest employer in the country), 8.31 per cent to activities of the administrative and support services and 5.34 per cent to financial and insurance activities. The Committee also notes that one of the two reports of infringements, of all the branches of industry in 2022, involved a workplace in the commerce sector, and that over half of the warnings targeted workplaces in this sector (62.50 per cent). The Committee requests the Government to pursue its efforts to ensure the application of the Convention and to continue to provide information on the application in practice of the Convention, including the number and nature of the infringements identified.

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Application of the Convention in practice. The Committee notes the information from the Government indicating that the labour and social security inspections that are responsible for monitoring compliance with regulations constantly strive to enforce the law and provide advice to those concerned. It also notes that hygiene, safety and health committees take measures in enterprises to monitor the application of the texts. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in the country, including relevant extracts from the reports of the inspection services and, where possible, statistical data on the number of workers covered by the legislation, the number and nature of the contraventions reported, and the number, nature and cause of the accidents reported.

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Part IV of the report form. Application in practice. In its previous comments the Committee noted the legislative texts giving effect to the Convention and requested information on the application of these texts in practice. The Committee notes the Government’s indication that the texts adopted have resulted in the availability of more tools for improved action, that the Convention covers all workers and that there are no statistics available on the number of infringements. The Committee notes, however, that the Government has not provided a general appreciation of the manner in which the Convention is applied in the country. The Committee therefore once again requests the Government to supply information on the practical application of the Convention.

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The Committee notes that the Government’s report has not been received. It therefore feels bound to reiterate its previous comment, which read as follows:

Part IV of the report form. Application in practice. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in the country, including for example extracts from the reports of the inspection services, with particular reference to the number of workers covered by the legislation, information on the number and nature of the contraventions reported and the action taken on them, etc.

The Committee hopes that a report will be supplied for examination by the Committee as its next session and that it will contain full information on the matter raised in its previous comment.

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With reference to its previous comments, the Committee notes with satisfaction the information contained in the Government’s report that the legislative process commenced several years ago in the field of occupational safety and health has resulted in the adoption of Decree No. 2006-1261 of 15 November 2006 establishing general safety and health measures in establishments of all natures and Decree No. 2006-1252 of 15 November 2006 determining the minimum requirements for the prevention of certain physical ambient factors, giving effect to Articles 14 and 18 of the Convention. It further notes the adoption of 11 other Decrees in relation to occupational safety and health, namely: Decree No. 2006-1251 of 15 November 2006 respecting workplace installations; Decree No. 2006-1249 of 15 November 2006 determining minimum safety and health requirements for temporary or mobile worksites; Decree No. 2006-1250 of 15 November 2006 respecting the movement of vehicles and equipment within enterprises; Decree No. 2006-1253 of 15 November 2006 establishing a medical labour inspectorate and determining its responsibilities; Decree No. 2006-1254 of 15 November 2006 respecting the manual transport of loads; Decree No. 2006-1255 of 15 November 2006 respecting the legal means of intervention of labour inspectors in the field of occupational safety and health; Decree No. 2006-1256 of 15 November 2006 determining the obligations of employers in relation to occupational safety; Decree No. 2006-1257 of 15 November 2006 determining the minimum requirements for protection against chemical hazards; Decree No. 2006-1258 of 15 November 2006 determining the duties and rules for the organization and operation of occupational medicine services; Decree No. 2006-1259 of 15 November 2006 respecting occupational safety warnings; and Decree No. 2006-1260 of 15 November 2006 respecting ventilation and sanitation measures at the workplace. The Committee notes that these legislative texts give further effect to the provisions of the Convention.

Part IV of the report form. Application in practice. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in the country, including for example extracts from the reports of the inspection services, with particular reference to the number of workers covered by the legislation, information on the number and nature of the contraventions reported and the action taken on them, etc.

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The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

1. The Committee notes that the procedure for the adoption of a new draft decree establishing the general hygiene and safety measures for establishments of all types is still ongoing. The Government indicates that the text of this decree will be sent to the Committee as soon as it has been formally adopted. The Committee requests the Government to provide a copy of the decision once it is adopted.

2. Articles 14 and 18 of the Convention. Seats for all workers and protection against noise and vibrations. As in its previous comments, the Committee notes with concern that the legislative process begun in 1992 has never been completed. The Committee hopes, once again, that the procedure for the adoption of the decree in question will be completed in the very near future so as to give effect to the provisions of Articles 14 and 18 of the Convention.

The Committee hopes that the Government will make every effort to take the necessary measures in the very near future.

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1. The Committee notes the information contained in the Government’s report. It notes, in particular, that the procedure for the adoption of a new draft decree establishing the general hygiene and safety measures for establishments of all types is still ongoing. The Government indicates that the text of this decree will be sent to the Committee as soon as it has been formally adopted. The Committee requests the Government to provide a copy of the decision once it is adopted.

2. Articles 14 and 18 of the Convention. Seats for all workers and protection against noise and vibrations. As in its previous comments, the Committee notes with concern that the legislative process begun in 1992 has never been completed. The Committee hopes, once again, that the procedure for the adoption of the decree in question will be completed in the very near future so as to give effect to the provisions of Articles 14 and 18 of the Convention.

[The Government is requested to report in detail in 2007.]

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With reference to its previous comments, the Committee notes the Government’s indication that 13 draft decrees on health and safety have been prepared by the Ministry of Labour and will be submitted to the National Advisory Labour and Social Security Council for its opinion. While noting this indication, the Committee regrets to note that as long ago as 1992 the Government was already referring to a draft decree on safety and health measures which had been forwarded for signature by the President of the Republic and, in its report in 1997, the Government referred to technical problems relating to the finalization of the above decree. The Committee therefore notes with concern that the legislative process commenced in 1992 has never been completed. The Committee is bound once again to express the strongest hope that the legislative process relating to the draft decrees concerned will be completed in the very near future to give effect to the provisions of the Convention, and particularly to Articles 14 and 18 of the Convention concerning suitable seats for workers and measures to be taken to reduce noise and vibration at the workplace, on which the Committee has been commenting for over 20 years. The Committee hopes that the Government’s next report will indicate the progress achieved in this respect.

[The Government is asked to report in detail in 2006.]

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The Committee notes the information supplied by the Government in its latest reports. It notes in particular the information concerning the draft Decree on general hygiene and safety measures, which, according to the Government, give effect to Articles 14 and 18 of the Convention concerning suitable seats for workers and measures to be taken to reduce noise and vibration at the workplace, on which the Committee has been commenting for more than 20 years. It also notes that, according to the Government, it has not been possible to finalize the draft Decree owing to last-minute technical problems, although in its report for 1992 the Government indicated that the draft had already been submitted to the President of the Republic for signing. The Committee notes in this connection that, according to the Government, the Ministry of Labour office in charge of occupational medicine, hygiene and safety has assumed new powers in the area of human resources in order to deal with these technical problems, which still exist. The Committee therefore expresses the hope that in the near future the problems preventing the adoption of the draft Decree will be overcome so that the legislative process may be completed and full effect given to the Convention.

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The Committee takes note of the information supplied in the Government's last two reports concerning the Bill on general health and safety provisions. It notes in particular that the Bill contains provisions to ensure the application of Articles 14 and 18 of the Convention concerning the provision of seats for workers and measures to reduce noise and vibrations in the workplace, on which the Committee has been commenting since 1976.

It notes that section 23 of the Bill provides that a sufficient number of seats shall be made available close to workstations for general use by the workers when the work cannot be performed sitting and that the use of seats must be authorized to the greatest extent compatible with the performance of the work. Procedures for the enforcement of this rule are to be laid down in internal regulations. The Government is asked to indicate the measures taken or contemplated to ensure that workers covered by the Convention will be given the opportunity to use seats in the workplace, in accordance with Article 14 of the Convention.

The Committee notes from the Government's report that the Bill has been submitted for signature by the President of the Republic. It hopes that it will be adopted in the near future and will ensure that effect is given to Articles 14 and 18 and that such effect as may be possible and desirable under national conditions is given to the provisions of the Hygiene (Commerce and Offices) Recommendation, 1964 (No. 120), in accordance with Article 4(b) of the Convention. The Government is asked to provide information on progress made in this respect in its next report and to provide a copy of the Bill as soon as it is adopted.

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In comments it has been making since 1972, the Committee has noted the Government's indication that the regulations concerning the health and safety of workers would be revised in order to give effect to Article 14 of the Convention (the provision of suitable and sufficient seating for all workers) and Article 18 (the reduction of noise and vibrations likely to have a harmful effect on workers).

The Committee notes the information provided in the Government's latest report that a draft decree concerning general safety and health measures applicable in all establishments has been submitted to the President of the Republic for signature. It notes from the Government's report that this decree shall ensure that a suitable chair be provided for each worker whenever the work carried out is compatible with a continuous or intermittent sitting position and that, where this is not the case, a sufficient number of chairs will be made available near the workstation and the use of these chairs must be authorised whenever it is compatible with the work carried out. The Government has indicated that an internal circular shall determine the manner in which this rule shall be applied. The Committee would recall that Article 14 further provides that workers shall be given reasonable opportunity to use the chairs supplied to them. It therefore hopes that, workers who may be involved in work not considered to be compatible with the sitting position be nevertheless assured a reasonable opportunity to sit down.

The Committee trusts that the draft decree concerning general safety and health measures will be adopted in the near future and that it will ensure the application of Articles 14 and 18. It also hopes that the decree will give such effect as may be possible and desirable under national conditions to the provisions of the Hygiene (Commerce and Offices) Recommendation, 1964 (No. 120), in accordance with Article 4(b) of the Convention. The Government is requested to provide information on the progress made in this regard in its next report and to provide the office with a copy of the decree as soon as it is adopted.

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Further to its previous comments, the Committee takes note of the amendments made to the Labour Code by Act No. 87-29 of 18 August 1987 which contains general provisions in matters of health and safety. The Committee notes, however, that the draft Order laying down health and safety regulations has still not been adopted. The Committee must, therefore, reiterate the hope that the draft will be adopted in the very near future and that it will require the provision of seats for all workers, as called for in Article 14 of the Convention, and provide for the reduction of noise and vibrations likely to have harmful effects on workers, as required by Article 18. It also hopes that the draft will give such effect as may be possible and desirable under national conditions to the provisions of the Hygiene (Commerce and Offices) Recommendation, 1964, in accordance with Article 4(b) of the Convention.

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