Demande directe (CEACR) - adoptée 1994, publiée 81ème session CIT (1994)

In the comments which it has been making for a number of years, the Committee has noted that no provision in the national legislation sets out the requirement, which is contained in the Convention, to carry out an X-ray film of the lungs on the occasion of the initial medical examination and, when regarded as medically necessary, on the occasion of subsequent re-examinations of persons under 21 years of age. The Committee also noted the absence of a formal clause on this matter in the collective agreement for mining and similar enterprises.

The Government has on a number of occasions expressed the intention of taking measures in this respect in the context of "restructuring the general health inspection and occupational medical services and revising the relevant legislation". The Committee notes the Government's statement in its latest report that, while awaiting a revision of the relevant legislation, it proposes to issue instructions through a circular to the medical services and enterprises concerned. The Committee also noted the comments made by the Gabonese Employers' Confederation which confirm that X-ray examinations of the lungs are conducted for all employees in mines (manganese and uranium) on the occasion of their recruitment and during regular medical examinations, but that this measure is an initiative taken by the enterprises concerned and is not a legal obligation.

The Committee requested the Government to take the necessary measures to bring the national legislation formally into conformity with the Convention so that the legislative texts reflected the practice described by the Government. It trusts that these measures will be taken in the near future, as the Government had expressed the intention of doing, with a view to ensuring that the Convention is respected in law and in practice.

The Committee requests the Government to indicate whether the decree referred to in section 139 of the Labour Code to establish rules for pre-employment and periodic medical examinations, examinations on resumption of work and supplementary examinations, and for establishing and keeping medical record cards and files, has been adopted and, if so, to supply a copy. If it has not been adopted, please indicate whether General Order No. 3773 is still in force. The Committee also requests the Government to supply a copy of the collective agreement for mining and similar enterprises which is currently in force.