Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Occupational Safety and Health Convention, 1981 (No. 155) - Nigeria (Ratification: 1994)

The Committee notes with regret 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:

Repetition

Article 1 of the Convention. Scope of the application of the Convention. The Committee notes that the Federal Ministry of Solid Minerals Development operates the Minerals and Mining Act, 1999 Part XIII of this Act covers accidents in mines. It also notes that a draft National Occupational Safety and Health (OSH) Policy of the Federal Ministry of Labour covers all workplaces. The Committee again requests the Government to provide particulars on and copies of other legislation implementing the provisions of the Convention for workers in offices, shops, works of engineering construction.

Article 4. Obligation to formulate, implement and periodically review a coherent national policy on occupational safety, occupational health and the working environment. Further to its previous comments, the Committee notes that the draft national OSH policy was forwarded to the Federal Executive Council for necessary action and since then there is no development. The Committee hopes that this draft will soon be adopted and requests the Government to indicate the manner in which the most representative organizations of employers and workers were consulted. The Government is requested to communicate a copy of the policy document when adopted.

Article 5(b). Relationships between the material elements of work and the persons who carry out or supervise the work as the main sphere taken into account by the OSH policy. The Committee notes the statement of the Government according to which article 6.1(b) of the draft National OSH Policy that covers inter-relationship between the material elements of work, the worker, his/her supervisor, person-machine adaptation, working time, rest period, organization of work, work processes and work processes to the physical and mental capacities of the workers. The Government is requested to supply a copy of this text as soon as the draft National OSH Policy has been adopted.

Article 5(d). Communication and cooperation at the levels of the working group and the undertaking and at all other appropriate levels as the main sphere taken into account by the OSH policy. The Committee notes the Government’s reference to a strategy, provided by the draft National OSH Policy, ensuring: (i) communication and cooperation between the shop-floor and the management; (ii) tripartite consultation and collaboration; and (iii) multidisciplinary and multi-sectoral participation and collaboration across the Nigerian economy. The Committee hopes that the Government will soon be able to supply a copy of relevant provisions of the National OSH Policy giving effect to this provision of the Convention.

Article 5(e). The protection of workers and their representatives from disciplinary measures as a result of actions properly taken by them. The Committee notes that the Government’s report contains no information in reply to its previous comments and requests the Government to indicate the extent to which the National Occupational Safety and Health Policy gives effect to this provision of the Convention.

Article 7. Review at appropriate intervals the situation regarding occupational safety and health and the working environment. The Committee notes that the National Labour Advisory Council, which is a tripartite body, is currently reviewing the Factories Act CAP126, 1990 known as the draft OSH Act. The Committee therefore hopes that the Government will keep it informed of the results of this exercise.

Article 11(b), (e) and (f). Functions to be carried out, namely, the determination of work processes and of substances and agents, the exposure to which is to be controlled by the competent authority; the annual publication of information on occupational accidents, occupational diseases and other injuries to health; systems to examine chemical, physical and biological agents in respect of the risk. The Committee notes the Government’s reference to the draft OSH Act which includes provisions ensuring the carrying out of functions enumerated in the indicated subparagraphs and requests the Government to indicate the extent to which the competent authority or authorities ensure that the functions enumerated in the mentioned provisions are progressively carried out on the basis of the draft OSH Act.

Article 12. Measures to make available information and undertake studies concerning the correct installation and use of equipment and the correct use of substances. The Committee notes the Government’s reference to the additional measures envisaged in the draft OSH Act in order to ensure that persons who design, manufacture, import, provide or transfer equipment or substances for occupational use meet the requirements of subparagraphs (b) and (c) of this Article. It requests the Government to supply a copy of the relevant provisions of the mentioned legal text.

Article 13. Protection from undue consequences of a worker who has removed himself from a work situation which he has reasonable justification to believe presents an imminent and serious danger to his life or health. The Committee notes that the provision contained in section 61(2) of the Factories Act CAP126, 1990, to which the Government makes reference in its report, is too general in obliging a person employed in a factory to do everything in a safe manner. The Government is requested to indicate other provisions whereby a worker who has removed himself from a work situation which he/she has reasonable justification to believe presents an imminent and serious danger to his life or health shall be protected from undue consequences.

Article 14. Measures to include OSH questions into educational and training programme of all levels. The Committee notes from the Government’s report that no significant measures have been taken to give effect to this Article. It expresses the hope that such measures will be adopted in the near future. The Government is requested to provide information about any actions undertaken with a view to promoting, in a manner appropriate to national conditions and practice, the inclusion of questions of occupational safety and health and the working environment at all levels of education and training, including higher technical, medical and professional education, in a manner meeting the training needs of all workers.

Article 15. Arrangements, made after consultations with representative employers’ and workers’ organizations, to ensure the necessary coordination between various authorities and bodies making activities within the OSH policy at the national level. With reference to the Committee’s previous comments, the Government indicates that consultations take place in accordance with arrangements put in place with representative organizations of employers and workers at the earliest stage. The Government is requested to indicate what arrangements have been made to ensure the necessary coordination between the various authorities and bodies called upon to give effect to the Convention, and at what stage the most representative organizations of employers and workers were consulted about these arrangements.

Article 19(a)–(c) and (e)–(f). Arrangements made at the level of the undertaking ensuring suitable conditions for all aspects of cooperation between employers, workers, their representatives, consultations with them and their training. The Committee notes that every management of industrial enterprises most have an OSH policy in line with the draft OSH Act. The Committee hopes that the Government will soon communicate a copy of the abovementioned draft.

Article 19(d). Appropriate training in OSH for workers and their representatives in the undertaking. The Committee notes that the National Industry Safety Council of Nigeria conducts training in all areas of OSH for all industrial workers. The Committee requests the Government to provide examples of specific training programmes carried out on this regard.