Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

Occupational Health Services Convention, 1985 (No. 161) - Benin (Ratification: 1998)

The Committee notes the information supplied by the Government in its report and the extracts from inspection reports sent by the Government.

The Committee asks the Government to provide further information on the following points.

1. Article 2 of the Convention. The Committee notes the information in the Government’s report that in order for a national policy on occupational health services to be formulated, an institutional framework must first be established. The Government also indicates that the Minister of the Civil Service, Labour and Administrative Reform has been working towards the adoption of a text on the subject and to set up the structures that will underpin the implementation of the policy in order to ensure cohesion between the various players. The Committee asks the Government to provide all information relevant to the implementation of a coherent national policy on occupational health services and on consultations held with social partners to that end.

2. Article 3, paragraph 1. The Committee notes that the provisions of the Labour Code apply to all workers and employers engaged in an occupational activity in the Republic of Benin. The Government further states in its report that, in practice, not all workers are covered by the occupational health services. The Government adds that, at the moment, workers’ organizations are exploring the possibility of establishing two health centres for workers in order to fill the void that exists in this area in so far as workers do not have their own health structure. The Committee therefore asks the Government to state whether the scope of the occupational health-related measures adopted pursuant to the legislation extends to all workers, including those in the public sector and in production cooperatives, in all branches of economic activity and all enterprises. If not, the Government is asked to take the necessary measures to extend gradually the legal coverage of occupational health services to all workers. The Committee also asks the Government to provide information on the establishment of the two health centres for workers and to keep the Office informed of any measures to set up health structures specifically for workers.

3. The Committee notes that in its report the Government does not mention the procedures for consulting employers’ and workers’ organizations. It therefore asks the Government to state which organizations have been consulted and the procedures for such consultation.

4. Article 5(a). The Committee notes sections 35-40 of Interministerial Order No. 031 setting forth the duties of company doctors and nurses. The Committee observes that these provisions do not cover the identification and evaluation of risks. It therefore asks the Government to take the necessary steps to ensure that the duties of the occupational health services include the identification and assessment of risks that may affect health at the workplace.

Article 5(b). The Committee notes that no provision is made in national provisions for the supervision of housing provided by the employer. It therefore asks the Government to take the necessary steps to ensure that the occupational health services are also responsible for the surveillance of housing when it is provided by the employer.

Article 5(d). The Committee recalls that, under this provision of the Convention, the Government must take steps to ensure that the occupational health services participate in the testing and evaluation of new equipment.

Article 5(i). The Committee notes that section 5(2), (3) of Interministerial Order No. 031 has more to do with the health services’ duties of informing and advising than collaboration in the provision of information, training and education in the fields of occupational health and hygiene and ergonomics. It notes that sections 35(5) and 41 of the same interministerial order provide that the company doctor and nurse are responsible for providing in-house health education relevant to the occupational activities. The Committee accordingly asks the Government to indicate the procedures for collaboration in the provision of information, training and education in the fields of occupational health and hygiene and ergonomics.

Article 5(k). The Committee notes that the provisions of the national legislation, particularly articles 5(10) and 35(6) of Interministerial Order No. 031 appear to give effect to the provisions of the Convention as regards analysis of occupational diseases but not that of occupational accidents. It therefore asks the Government to state how it ensures the participation of the occupational health services in the analysis of occupational accidents.

Article 9, paragraph 3. The Committee notes that section 205 of the Labour Code provides for cooperation between the occupational health services and company social advisers. However, these services account for only some of the "other bodies concerned with the provision of health services" prescribed by the Convention. The Government indicates in its report that the medical labour inspectors coordinate and supervise the activities of these services. While noting this information, the Committee observes that there is no express requirement in the legislation for cooperation between the occupational health services and the other services in the enterprise. Consequently, the Committee requests the Government to provide further information on any practical or legislative measures to ensure adequate cooperation and coordination between occupational health services and, as appropriate, other bodies concerned with the provision of health services.

Article 10. The Committee notes that, according to the Government’s report, the independence of personnel providing occupational health services must be guaranteed in the contract agreed on by the employer and the health personnel. According to article 29 of Interministerial Order No. 031, the contract with the employer must be endorsed by the labour inspector following consultation of the medical labour inspector. Article 9 of the Order No. 008 guarantees the independence of medical labour inspectors. The Committee infers from the foregoing that the medical labour inspector checks that the contract contains provisions to ensure the independence of occupational health staff from employers, workers and their representatives. The Government is asked to state which provisions provide this guarantee.

Article 14. The Committee notes that section 185 of the Labour Code, cited by the Government in its report as giving effect to the provisions of the Convention, does not require company doctors or occupational health services to be informed by the employer and workers of any known factors and any suspected factors in the working environment which may affect the workers’ health. The Committee requests the Government to indicate the measures taken or envisaged to ensure that the occupational health services shall be informed by the employer and the workers of the factors specified in this provision of the Convention.

Article 15. The Committee notes the provisions of article 11, 21 and 27 of Interministerial Order No. 031 concerning, inter alia, medical reports. The Government is asked to state whether these reports record absences from work for health reasons as well as occurrences of ill health.