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Hygiene (Commerce and Offices) Convention, 1964 (No. 120) - Central African Republic (RATIFICATION: 2006)

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Previous comment

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.

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition
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.
The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism (SRM) Tripartite Working Group, confirmed the classification of Convention No. 62 as an outdated instrument, and has placed an item on the agenda of the 113th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also requested the Office to undertake follow-up action, including the promotion of tripartite action, with member States currently bound by Convention No. 62 to actively encourage the ratification of up-to-date instruments concerning OSH, including but not limited to the Safety and Health in Construction Convention, 1988 (No. 167), and to offer targeted technical assistance to those countries requiring the most support. The Committee therefore encourages the Government to follow-up the Governing Body’s decision at its 334th Session (October–November 2018) approving the recommendations of the SRM Tripartite Working Group and to consider ratifying the most up-to-date instruments in this subject area. The Committee reminds the Government of the possibility to avail itself of the technical assistance of the Office in this regard.
With regard to an appropriate and sufficient inspection system and adequate penalties for violations of laws and regulations, taking into account that the Central African Republic has ratified the Labour Inspection Convention, 1947 (No. 81), the Committee refers to its detailed comments on the application of this Convention, specifically with respect to Article 3(2) (additional duties of labour inspectors); Article 5(a) (effective cooperation); Article 6 (status and conditions of service); Article 7 (training); Article 9 (collaboration with technical experts and specialists); Articles 11 and 16 (material means and frequency of visits); Articles 13 and 17 (injunction powers, legal proceedings and warnings); Article 19 (inspection reports submitted to the central authority); and Articles 20 and 21 (annual labour inspection reports).
A. General provisions
Occupational Safety and Health Convention, 1981 (No. 155)
The Committee notes the information provided by the Government in response to its previous comments on Article 11(c) (notification of occupational accidents and diseases) and (d) (the holding of inquiries in cases of occupational accidents and occupational diseases).
Article 11(a), (b) and (f) of the Convention.Functions to be progressively carried out. Further to its previous comments, the Committee notes the Government’s reiteration that the Minister responsible for labour is the competent authority for ensuring the functions listed in Article 11 of the Convention. The Committee recalls that this provision amplifies the spheres of action of the national policy by focusing specifically on the elements most likely to be a source of occupational hazards and risks for the safety and health of workers, and which need to be regulated (see Promoting a safe and healthy working environment, General Survey, 2009, paragraph 126). The Committee requests the Government to provide additional information on the measures taken or envisaged to ensure that the functions listed in Article 11(a), (b) and (f) of the Convention are progressively carried out.
Article 11(e).Annual publication of information. The Committee notes that, under section 130 of Decree No. 09.116 establishing the implementing regulations of Act No. 06.035 of 28 December 2006 issuing the Social Security Code, the National Social Security Fund shall collect from undertakings any data that enable statistics on occupational accidents and occupational diseases to be established, taking into account their causes and circumstances, their frequency, the extent of the resulting incapacities and the costs of recovery and treatment. Nevertheless, further to its previous comments, the Committee notes that the Government does not provide information on the measures taken to implement this provision. The Committee requests the Government to provide information on the measures taken or envisaged to guarantee the publication, annually, of information on occupational accidents, occupational diseases and other injuries to health which arise in the course of or in connection with work, in accordance with Article 11(e) of the Convention.
Article 12. Certain obligations of those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. Further to its previous comments, the Committee notes the Government’s indication that the provisions of General Order No. 3758 of 25 November 1954 establishing health and safety measures applicable to agricultural, forestry, industrial and commercial undertakings, and to administrative establishments in French Equatorial Africa, give effect to this Article of the Convention. The Committee notes that section 37 of the General Order prohibits the sale or lease of devices, machinery or parts of dangerous machinery, and that section 35(2) establishes a special procedure for the importation of protective devices approved in a foreign country. The Committee nevertheless notes that the General Order does not contain provisions on the obligation of those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee requests the Government to provide information on the measures 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. Further to its previous comments, the Committee notes that the Government reiterates in its report that the measures provided for by this Article come within the remit of the Directorate of Occupational Medicine, in accordance with the provisions of Decree No. 05.006 of 12 January 2005 on the organization and operation of the Ministry of the Public Service, Labour, Social Security and the Vocational Integration of Young Persons. However, the Government does not provide information on the initiatives taken to promote, in a manner appropriate to national conditions and practice, the inclusion of questions relating to OSH at all levels of education and training, including in higher technical, medical and vocational education, in a manner that responds to the training needs of all workers. The Committee requests the Government to provide information on the measures taken or envisaged to promote the inclusion of questions of OSH and the working environment at all levels of education and training, in accordance with Article 14 of the Convention.
Article 15. Necessary coordination between various authorities and bodies. Further to its previous comments, the Committee notes that the Government reiterates in its report that the measures provided for by this Article come within the remit of the Directorate of Occupational Medicine, in accordance with the provisions of the Decree No. 05.006 of 12 January 2005. However, the Government does not provide information on the measures taken to ensure the necessary coordination between the various authorities and bodies called upon to give effect to this Convention, such as the National Social Security Fund and the labour inspectorate. The Committee requests the Government to provide information on the measures taken or envisaged to ensure the application of Article 15 of the Convention.
Article 16(3). Adequate protective clothing and equipment. The Committee notes that section 14 of General Order No. 3758 establishes specific protective measures for persons working in shafts, chimney flues, sewers, cesspools, tanks or any appliances that might contain noxious gases. The Committee nevertheless notes that this section refers to specific conditions of work and does not establish the general obligation of employers to provide workers with adequate protective clothing and protective equipment for other work situations in which they are needed. The Committee requests the Government to provide information on the measures taken or envisaged to ensure the application of section 16(3) of the Convention in work situations other than those listed in section 14 of Order No. 3758.
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. Further to its previous comments, the Committee notes that section 9 of Order No. 718/IGT of 1957 regulating the use of white lead in situations where its use is still authorized provides that the territorial labour inspector and the chief of the public health service are responsible for the collection and compilation of statistics relating to lead poisoning among working painters, including morbidity and mortality from lead poisoning. The Committee nevertheless notes the Government’s longstanding indication that no statistics are available on morbidity and mortality from lead poisoning among working painters. The Committee requests the Government to take the necessary measures to compile and provide the statistics in question, in accordance with Article 7 of the Convention.
Guarding of Machinery Convention, 1963 (No. 119)
Article 10(1) of the Convention. Obligation of the employer to provide workers with information. Further to its previous comments, the Committee notes that section 127 of the Labour Code of 2009 establishes the obligation of the employer to take the necessary measures to ensure OSH conditions. Moreover, section 129 provides: (a) forthe establishment of internal regulations on the rules regarding the technical organization of the work and OSH by the head of the undertaking; and (b) that the modalities for the communication, deposit and posting of the internal regulations, as well as the number of workers in an undertaking above which the existence of such internal regulations is mandatory, shall be established in a decree by the Council of Ministers, in consultation with the Standing National Labour Council. However, the Government does not provide information on the adoption of such a decree. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that the employer takes measures to bring national laws or regulations relating to the guarding of machinery to the notice of workers and inform them, in the appropriate manner, regarding the dangers arising and the precautions to be observed in the use of machine, in accordance with Article 10(1) of the Convention.
C. Protection in specific branches of activity
Safety Provisions (Building) Convention, 1937 (No. 62)
The Committee notes the information provided by the Government in reply to its previous comments on Articles 1 (laws or regulations), 2 (scope of application), 3(b) and (c) (persons responsible and penalties), 7(3) and (4) (materials and construction of scaffolds), 9 (fall of persons or material), 10 (means of access, ladders, lighting, electrical equipment and materials on the site), 11–15 (hoisting machines and tackle) and 18 (first-aid treatment) of the Convention.
Article 3(a) of the Convention. Obligation of the employer to provide workers with information. The Committee refers to its comments above on the application of Article 10(1) ofConvention No. 119.
Article 6. Statistics on accidents. In its previous comments, the Committee asked the Government to communicate the latest statistical information relating to the number and classification of accidents occurring to persons occupied on work done on sites in connection with the construction, repair, alteration, maintenance and demolition of all types of buildings. In the absence of new information on this subject, the Committee once again requests the Government to provide information on the statistics on accidents, in accordance with Article 6 of the Convention.
Article 7(1), (2), (5), (6), (7) and (8). Scaffolds. The Committee notes that General Order No. 3758 does not give effect to Article 7(1), (2), (5), (6), (7) and (8) of the Convention. The Committee once again requests the Government to provide information on the measures taken or envisaged to ensure that effect is given to Article 7(1), (2), (5), (6), (7) and (8) of the Convention.
Article 16. Personal safety equipment. The Committee refers to its comments above on the application of Article 16(3) of Convention No. 155.
Article 17. Risk of drowning. The Committee notes that General Order No. 3758 does not contain provisions to prevent the risk of drowning when work is carried on in proximity to any place where there is such a risk. The Committee once again requests the Government to provide information on the 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, in accordance with Article 17 of the Convention.
Hygiene (Commerce and Offices) Convention, 1964 (No. 120)
The Committee notes the information provided by the Government in reply to its previous comments on Articles 5 (laws or regulations), 10 (temperature in work premises), 16 (underground or windowless premises) and 19 (dispensary and first-aid post) of the Convention.
Article 17 of the Convention. Personal protective equipment. The Committee refers to its comments above on the application of Article 16(3) of Convention No. 155.
Article 18. Noise and vibrations. Further to its previous comments, the Committee notes that General Order No. 3758 to which the Government refers does not contain provisions on the reduction of noise and vibrations likely to have harmful effects on workers. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that noise and vibrations likely to have harmful effects on workers in trading establishments and office work are reduced as far as possible, in accordance with Article 18 of the Convention.

CMNT_TITLE

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism (SRM) Tripartite Working Group, confirmed the classification of Convention No. 62 as an outdated instrument, and has placed an item on the agenda of the 113th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also requested the Office to undertake follow-up action, including the promotion of tripartite action, with member States currently bound by Convention No. 62 to actively encourage the ratification of up-to-date instruments concerning OSH, including but not limited to the Safety and Health in Construction Convention, 1988 (No. 167), and to offer targeted technical assistance to those countries requiring the most support. The Committee therefore encourages the Government to follow-up the Governing Body’s decision at its 334th Session (October–November 2018) approving the recommendations of the SRM Tripartite Working Group and to consider ratifying the most up-to-date instruments in this subject area. The Committee reminds the Government of the possibility to avail itself of the technical assistance of the Office in this regard.

With regard to an appropriate and sufficient inspection system and adequate penalties for violations of laws and regulations, taking into account that the Central African Republic has ratified the Labour Inspection Convention, 1947 (No. 81), the Committee refers to its detailed comments on the application of this Convention, specifically with respect to Article 3(2) (additional duties of labour inspectors); Article 5(a) (effective cooperation); Article 6 (status and conditions of service); Article 7 (training); Article 9 (collaboration with technical experts and specialists); Articles 11 and 16 (material means and frequency of visits); Articles 13 and 17 (injunction powers, legal proceedings and warnings); Article 19 (inspection reports submitted to the central authority); and Articles 20 and 21 (annual labour inspection reports).

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

The Committee notes the information provided by the Government in response to its previous comments on Article 11(c) (notification of occupational accidents and diseases) and (d) (the holding of inquiries in cases of occupational accidents and occupational diseases).

Article 11(a), (b) and (f) of the Convention. Functions to be progressively carried out. Further to its previous comments, the Committee notes the Government’s reiteration that the Minister responsible for labour is the competent authority for ensuring the functions listed in Article 11 of the Convention. The Committee recalls that this provision amplifies the spheres of action of the national policy by focusing specifically on the elements most likely to be a source of occupational hazards and risks for the safety and health of workers, and which need to be regulated (see Promoting a safe and healthy working environment, General Survey, 2009, paragraph 126). The Committee requests the Government to provide additional information on the measures taken or envisaged to ensure that the functions listed in Article 11(a), (b) and (f) of the Convention are progressively carried out.

Article 11(e). Annual publication of information. The Committee notes that, under section 130 of Decree No. 09.116 establishing the implementing regulations of Act No. 06.035 of 28 December 2006 issuing the Social Security Code, the National Social Security Fund shall collect from undertakings any data that enable statistics on occupational accidents and occupational diseases to be established, taking into account their causes and circumstances, their frequency, the extent of the resulting incapacities and the costs of recovery and treatment. Nevertheless, further to its previous comments, the Committee notes that the Government does not provide information on the measures taken to implement this provision. The Committee requests the Government to provide information on the measures taken or envisaged to guarantee the publication, annually, of information on occupational accidents, occupational diseases and other injuries to health which arise in the course of or in connection with work, in accordance with Article 11(e) of the Convention.

Article 12. Certain obligations of those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. Further to its previous comments, the Committee notes the Government’s indication that the provisions of General Order No. 3758 of 25 November 1954 establishing health and safety measures applicable to agricultural, forestry, industrial and commercial undertakings, and to administrative establishments in French Equatorial Africa, give effect to this Article of the Convention. The Committee notes that section 37 of the General Order prohibits the sale or lease of devices, machinery or parts of dangerous machinery, and that section 35(2) establishes a special procedure for the importation of protective devices approved in a foreign country. The Committee nevertheless notes that the General Order does not contain provisions on the obligation of those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee requests the Government to provide information on the measures 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. Further to its previous comments, the Committee notes that the Government reiterates in its report that the measures provided for by this Article come within the remit of the Directorate of Occupational Medicine, in accordance with the provisions of Decree No. 05.006 of 12 January 2005 on the organization and operation of the Ministry of the Public Service, Labour, Social Security and the Vocational Integration of Young Persons. However, the Government does not provide information on the initiatives taken to promote, in a manner appropriate to national conditions and practice, the inclusion of questions relating to OSH at all levels of education and training, including in higher technical, medical and vocational education, in a manner that responds to the training needs of all workers. The Committee requests the Government to provide information on the measures taken or envisaged to promote the inclusion of questions of OSH and the working environment at all levels of education and training, in accordance with Article 14 of the Convention.

Article 15. Necessary coordination between various authorities and bodies. Further to its previous comments, the Committee notes that the Government reiterates in its report that the measures provided for by this Article come within the remit of the Directorate of Occupational Medicine, in accordance with the provisions of the Decree No. 05.006 of 12 January 2005. However, the Government does not provide information on the measures taken to ensure the necessary coordination between the various authorities and bodies called upon to give effect to this Convention, such as the National Social Security Fund and the labour inspectorate. The Committee requests the Government to provide information on the measures taken or envisaged to ensure the application of Article 15 of the Convention.

Article 16(3). Adequate protective clothing and equipment. The Committee notes that section 14 of General Order No. 3758 establishes specific protective measures for persons working in shafts, chimney flues, sewers, cesspools, tanks or any appliances that might contain noxious gases. The Committee nevertheless notes that this section refers to specific conditions of work and does not establish the general obligation of employers to provide workers with adequate protective clothing and protective equipment for other work situations in which they are needed. The Committee requests the Government to provide information on the measures taken or envisaged to ensure the application of section 16(3) of the Convention in work situations other than those listed in section 14 of Order No. 3758.

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

Article 7 of the Convention. Statistics with regard to lead poisoning among working painters. Further to its previous comments, the Committee notes that section 9 of Order No. 718/IGT of 1957 regulating the use of white lead in situations where its use is still authorized provides that the territorial labour inspector and the chief of the public health service are responsible for the collection and compilation of statistics relating to lead poisoning among working painters, including morbidity and mortality from lead poisoning. The Committee nevertheless notes the Government’s longstanding indication that no statistics are available on morbidity and mortality from lead poisoning among working painters. The Committee requests the Government to take the necessary measures to compile and provide the statistics in question, in accordance with Article 7 of the Convention.

Guarding of Machinery Convention, 1963 (No. 119)

Article 10(1) of the Convention. Obligation of the employer to provide workers with information. Further to its previous comments, the Committee notes that section 127 of the Labour Code of 2009 establishes the obligation of the employer to take the necessary measures to ensure OSH conditions. Moreover, section 129 provides: (a) for the establishment of internal regulations on the rules regarding the technical organization of the work and OSH by the head of the undertaking; and (b) that the modalities for the communication, deposit and posting of the internal regulations, as well as the number of workers in an undertaking above which the existence of such internal regulations is mandatory, shall be established in a decree by the Council of Ministers, in consultation with the Standing National Labour Council. However, the Government does not provide information on the adoption of such a decree. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that the employer takes measures to bring national laws or regulations relating to the guarding of machinery to the notice of workers and inform them, in the appropriate manner, regarding the dangers arising and the precautions to be observed in the use of machine, in accordance with Article 10(1) of the Convention.

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

The Committee notes the information provided by the Government in reply to its previous comments on Articles 1 (laws or regulations), 2 (scope of application), 3(b) and (c) (persons responsible and penalties), 7(3) and (4) (materials and construction of scaffolds), 9 (fall of persons or material), 10 (means of access, ladders, lighting, electrical equipment and materials on the site), 11–15 (hoisting machines and tackle) and 18 (first-aid treatment) of the Convention.

Article 3(a) of the Convention. Obligation of the employer to provide workers with information. The Committee refers to its comments above on the application of Article 10(1) of Convention No. 119.

Article 6. Statistics on accidents. In its previous comments, the Committee asked the Government to communicate the latest statistical information relating to the number and classification of accidents occurring to persons occupied on work done on sites in connection with the construction, repair, alteration, maintenance and demolition of all types of buildings. In the absence of new information on this subject, the Committee once again requests the Government to provide information on the statistics on accidents, in accordance with Article 6 of the Convention.

Article 7(1), (2), (5), (6), (7) and (8). Scaffolds. The Committee notes that General Order No. 3758 does not give effect to Article 7(1), (2), (5), (6), (7) and (8) of the Convention. The Committee once again requests the Government to provide information on the measures taken or envisaged to ensure that effect is given to Article 7(1), (2), (5), (6), (7) and (8) of the Convention.

Article 16. Personal safety equipment. The Committee refers to its comments above on the application of Article 16(3) of Convention No. 155.

Article 17. Risk of drowning. The Committee notes that General Order No. 3758 does not contain provisions to prevent the risk of drowning when work is carried on in proximity to any place where there is such a risk. The Committee once again requests the Government to provide information on the 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, in accordance with Article 17 of the Convention.

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

The Committee notes the information provided by the Government in reply to its previous comments on Articles 5 (laws or regulations), 10 (temperature in work premises), 16 (underground or windowless premises) and 19 (dispensary and first-aid post) of the Convention.

Article 17 of the Convention. Personal protective equipment. The Committee refers to its comments above on the application of Article 16(3) of Convention No. 155.

Article 18. Noise and vibrations. Further to its previous comments, the Committee notes that General Order No. 3758 to which the Government refers does not contain provisions on the reduction of noise and vibrations likely to have harmful effects on workers. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that noise and vibrations likely to have harmful effects on workers in trading establishments and office work are reduced as far as possible, in accordance with Article 18 of the Convention.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It expresses concern in this respect. It is therefore bound to repeat its previous comments.

Repetition
The Committee notes the adoption of Act No. 009-004 of 29 January 2009 issuing the Labour Code, repealing Act No. 61-221 of 2 June 1961, certain provisions of which are relevant to the application of the Convention. The latter Act was made available to the Committee. The Committee also notes the reference made by the Government to Order No. 005/MFPESSFP/CAB/SG/DGTEFP of 11 July 1994 establishing and regulating the operation of health and safety committees in the Central African Republic, and Order No. 008/MFPTSS/CAB/SG/DGTE/DESTRE of 26 June 1986 respecting general safety and health measures applicable in agricultural, forestry, industrial and commercial enterprises, as well as in similar public and para-public enterprises. The two Orders have not been made available to the Committee. The Committee requests the Government to provide a copy of the two Orders referred to above with its next report, as well as of any other relevant legislative texts adopted or envisaged under the new Act issuing the Labour Code so as to enable it to examine the manner in which effect is given to the provisions of the Convention, with particular reference to Articles 5, 6(1) and 19. The Committee also draws the Government’s attention to the following points.
Article 10 of the Convention. Temperature of workplaces. Article 16. Information on provisions ensuring that underground or windowless premises comply with appropriate standards of hygiene. Article 18. Protection against vibrations. The Committee notes that the Government refers briefly to General Order No. 3758 of 25 November 1954 respecting general safety and health measures applicable in agricultural, forestry, industrial and commercial enterprises and similar administrative establishments in French Equatorial Africa (AEF). However, the Committee observes that no precise reference is made to the relevant provisions of the Order which give effect to these provisions of the Convention. The Committee requests the Government to provide additional information on the relevant provisions of the Order which give effect to Articles 10, 16 and 18 of the Convention.
Application in practice. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in the Central African Republic, including, for example, extracts from the reports of the inspection services and, where available, information concerning the number and nature of the contraventions reported and the measures taken as a consequence, etc.

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

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The Committee notes that the Government does not attach the requested legislative texts to its most recent report, and notes with concern that the report contains no new information regarding the longstanding comments by the Committee on the application of the Convention. Against this background, the Committee is bound to repeat its previous comment which read as follows:

Repetition
The Committee notes the adoption of Act No. 009-004 of 29 January 2009 issuing the Labour Code, repealing Act No. 61-221 of 2 June 1961, certain provisions of which are relevant to the application of the Convention. The latter Act was made available to the Committee. The Committee also notes the reference made by the Government to Order No. 005/MFPESSFP/CAB/SG/DGTEFP of 11 July 1994 establishing and regulating the operation of health and safety committees in the Central African Republic, and Order No. 008/MFPTSS/CAB/SG/DGTE/DESTRE of 26 June 1986 respecting general safety and health measures applicable in agricultural, forestry, industrial and commercial enterprises, as well as in similar public and para-public enterprises. The two Orders have not been made available to the Committee. The Committee requests the Government to provide a copy of the two Orders referred to above with its next report, as well as of any other relevant legislative texts adopted or envisaged under the new Act issuing the Labour Code so as to enable it to examine the manner in which effect is given to the provisions of the Convention, with particular reference to Articles 5, 6(1) and 19. The Committee also draws the Government’s attention to the following points.
Article 10 of the Convention. Temperature of workplaces. Article 16. Information on provisions ensuring that underground or windowless premises comply with appropriate standards of hygiene. Article 18. Protection against vibrations. The Committee notes that the Government refers briefly to General Order No. 3758 of 25 November 1954 respecting general safety and health measures applicable in agricultural, forestry, industrial and commercial enterprises and similar administrative establishments in French Equatorial Africa (AEF). However, the Committee observes that no precise reference is made to the relevant provisions of the Order which give effect to these provisions of the Convention. The Committee requests the Government to provide additional information on the relevant provisions of the Order which give effect to Articles 10, 16 and 18 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 Central African Republic, including, for example, extracts from the reports of the inspection services and, where available, information concerning the number and nature of the contraventions reported and the measures taken as a consequence, etc.

With reference to its comments in relation to the application by the Government of the Occupational Safety and Health Convention, 1981 (No. 155), this year, the Committee urges the Government to make every effort to take the necessary action in the near future.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the adoption of Act No. 009-004 of 29 January 2009 issuing the Labour Code, repealing Act No. 61-221 of 2 June 1961, certain provisions of which are relevant to the application of the Convention. The latter Act was available to the Committee. The Committee also notes the reference made by the Government to Order No. 005/MFPESSFP/CAB/SG/DGTEFP of 11 July 1994, establishing and regulating the operation of health and safety committees in the Central African Republic, and Order No. 008/MFPTSS/CAB/SG/DGTE/DESTRE of 26 June 1986 respecting general safety and health measures applicable in agricultural, forestry, industrial and commercial enterprises, as well as in similar public and para-public enterprises. The two Orders have not been made available to the Committee. The Committee requests the Government to provide a copy of the two Orders referred to above with its next report, as well as of any other relevant legislative texts adopted or envisaged under the new Act issuing the Labour Code so as to enable it to examine the manner in which effect is given to the provisions of the Convention, with particular reference to Articles 5, 6(1) and 19. The Committee also draws the Government’s attention to the following points.

Article 10 of the Convention. Temperature of workplaces. Article 16. Information on provisions ensuring that underground or windowless premises comply with appropriate standards of hygiene. Article 18. Protection against vibrations. The Committee notes that the Government refers briefly to General Order No. 3758 of 25 November 1954 respecting general safety and health measures applicable in agricultural, forestry, industrial and commercial enterprises and similar administrative establishments in French Equatorial Africa (AEF). However, the Committee observes that no precise reference is made to the relevant provisions of the Order which give effect to these provisions of the Convention. The Committee requests the Government to provide additional information on the relevant provisions of the Order which give effect to Articles 10, 16 and 18 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 Central African Republic, including, for example, extracts from the reports of the inspection services and, where available, information concerning the number and nature of the contraventions reported and the measures taken as a consequence, etc.

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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 Central African Republic including, for example, extracts from the reports of the inspection services and, where available, information concerning the number and nature of the contraventions reported and the measures taken as a consequence, etc.