Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

Further to its previous comments, the Committee notes the Government's report and the information contained therein. The Committee requests the Government to provide clarifications concerning the following points:

1. Article 1 of the Convention. The Committee notes the information that the Factories Act does not cover workers in offices, shops, works of engineering construction and mines and that other legislation provides for the safety of such workers in these sectors. Please provide particulars on and copies of this other legislation implementing the provisions of the Convention for the workers of the sectors concerned.

2. Article 4. Further to its previous comments, the Committee notes the information that the Government has prepared the final draft of the National Occupational Safety and Health Policy and that the Nigeria Labour Congress, the Nigeria Employers' Consultative Assembly and some relevant professional bodies have been invited to review the document before its final public issuance. Please keep the Office informed of developments in this regard and please communicate a copy of the policy document when adopted.

3. Article 5(b). Please indicate how the National Occupational Safety and Health Policy takes account of the adaptation of machinery, equipment, working time, organization of work and work processes to the physical and mental capacities of the workers.

4. Article 5(d) and (e). Please indicate the extent to which the National Occupational Safety and Health Policy covers: (1) the communication and cooperation in questions of occupational safety and health at all appropriate levels including those of the working group and the undertaking; and (2) the protection of workers and their representatives from disciplinary measures as a result of actions properly taken by them in conformity with the abovementioned policy.

5. Article 7. Please indicate what arrangements have been made for the reviews provided for in this Article, specifying the intervals at which they take place, upon the completion of the meeting between the Government and workers' representatives and professional bodies referred to in the Government's report.

6. Article 11(b), (e) and (f). Please indicate the extent to which the competent authority or authorities ensure that the functions enumerated in the mentioned provisions are progressively carried out on a continuing basis.

7. Article 12. Further to its previous comments, the Committee notes that while section 20 of the Factories Act provides for the requirement of paragraph (a) of this Article of the Convention as concerns machines, it does not provide similarly for equipment or substances. In addition measures should be taken to ensure that such persons who design, manufacture, import, provide, and transfer machinery, equipment or substances for occupational use should also meet the requirements of paragraphs (b) and (c) of this Article of the Convention. Please provide further information in this regard.

8. Article 13. Please indicate the provision of national legislation which ensures protection against undue consequences to a worker who has removed himself or herself from a work situation which he or she has reasonable justification to believe presents an imminent danger to his or her life or health.

9. Article 14. Further to its previous comments, the Committee notes the information that measures for inclusion of occupational safety and health and the working environment in the educational curricula are being looked into. Please keep the Office informed of developments in this regard.

10. Article 15. Further to its previous comments, the Committee notes that consultations take place on an ad hoc basis in committees on industrial safety and health with various authorities and representative organizations of employers and workers and other bodies, on the basis of invitations, whenever the situation arises. Please indicate if these consultations take place in accordance with arrangements put in place after consultations with the said organizations at the earliest possible stage.

11. Article 19(a) to (c), (e) and (f). Please give indications on the provisions of national legislation and/or practical measures taken that give effect to the mentioned subparagraphs of this Article.

12. Article 19(d). Further to its previous comments, the Committee would be grateful if the Government would indicate the arrangements made whereby the representatives of workers in an undertaking are given appropriate training in occupational safety and health, in addition to arrangements provided for individual workers under section 23 of the Factories Act.