Observation (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

Convention (n° 81) sur l'inspection du travail, 1947 - Sénégal (Ratification: 1962)

Autre commentaire sur C081

Observation

Demande directe

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Article 13(2)(b) of the Convention. Measures with immediate executory force in regard to occupational safety and health. The Committee previously noted that Decree No. 2006-1255 of 15 November 2006 limits the application of measures with immediate executory force in the event of imminent danger to health or safety of workers to situations arising from failure to comply with occupational safety and health laws or regulations (section 18), except in the building sector, where no violation of the legislation is required for an order of cessation of work (sections 19 and 20). The Government indicated that these limitations were being considered in the context of the reflections concerning the strengthening of the legal powers of labour inspectors. The Committee notes the Government’s statement in its report that the draft text strengthening the legal powers of labour inspectors, which necessitates the revision of a number of provisions of the national labour legislation, is under way and that the various actors concerned are concerting thereon. The Committee requests the Government to pursue its efforts to take the necessary measures to bring its legislation and practice into full conformity with Article 13(2)(b) of the Convention as soon as possible, allowing inspectors to impose measures with immediate executory force in the event of imminent danger to the health or safety of the workers in all industrial and commercial establishments, without the obligation to determine whether or not there is violation of the legislative or regulatory provisions.

Articles 17 and 18. Effective enforcement of adequate penalties for violations of legal provisions. Further to its previous comments, the Committee notes the statistics provided by the Government, and also that the numbers of compliance letters (556 in 2015; 1,062 in 2016; 1,069 in 2017; and 1,429 in 2018) and official notices (24 in 2015; 54 in 2016 and 56 in 2018) issued by labour inspectors requiring employers to conform with the legislation, have increased, while more severe measures, such as reports of non-compliance, have greatly reduced (58 in 2014; 2 in 2015; 0 in 2017; and 1 in 2018. The Committee requests the Government to provide information on the reasons for the reduced number of non-compliance reports issued. It also requests the Government to provide specific information on the number of documents submitted annually by the labour inspectorate to the prosecutors and judges, the number of cases where proceedings have been filed or legal action engaged, and the outcomes thereof.

The Committee is raising other matters in a request addressed directly to the Government.