Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

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

Legislation. The Committee notes the Government’s indication that the new Occupational Safety and Health (OSH) Bill, to which the Government referred in its 2012 report on the application of this Convention, has not yet been adopted by the National Assembly. In this context, the Committee hopes that the Government will take into account the comments that it has made on the application of the Convention. The Committee requests the Government to continue to provide information on the developments regarding the adoption of the new Occupational Safety and Health Bill, and to transmit a copy of any new legislation once adopted.

The Committee observes that the brief information provided by the Government does not enable it to gain an overview of the application of the Convention. It wishes to emphasize that the indication that new legislation is being adopted does not release the Government from its obligation to give effect to the Convention pending the adoption of the new legislation or to respond to the Committee’s requests so that the latter has the necessary overview of the current application of the Convention. Consequently, the Committee hopes that the next report of the Government will include full information on the matters raised below.

Articles 4(1) and 7 of the Convention. Obligation to periodically review the national policy and national situation regarding occupational safety and health. The Committee previously noted that, according to section 10.0 of the National Policy on Occupational Safety and Health adopted in 2006, the competent authority shall review the policy adopted every three years in collaboration with workers’ and employers’ organizations and other relevant stakeholders. In this regard, the Committee notes the Government’s indication that the national policy on OSH has not yet been reviewed. The Committee requests the Government to provide information on the measures taken to periodically review its national policy in consultation with the most representative organizations of employers and workers concerned.

Articles 4(1), 5(b)–(e), 8, 14, 19(a)–(c) and (e)–(f). Implementation of policy in the areas of relationships between the material elements of work and the persons who carry out or supervise the work; training; communication and cooperation; protection of workers from disciplinary measures; inclusion of occupational safety and health at all levels of education and training; and 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. With reference to its previous comments and the requirements in Articles 4(1) and 8, the Committee once again requests the Government to provide detailed information on measures taken to implement these provisions by laws or regulations or by any other method consistent with national conditions and practice.

Article 11(b), (e) and (f). Functions to be carried out progressively including 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; and systems to examine chemical, physical and biological agents in respect of the risk. The Committee notes the Government’s indication that sections 40, 98 and 60(4) of the OSH Bill give effect to paragraphs (b), (e) and (f) of Article 11 of the Convention, respectively. In this regard, the Committee notes that the Government does not provide information on the content of these sections. The Committee requests the Government to provide detailed information on the manner in which the OSH Bill will implement Article 11(b), (e) and (f) of the Convention.

Article 12. Obligations of those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee notes the Government’s reference, in reply to the Committee’s previous comment, to section 52(1) and (2) of the OSH Bill, but notes that the Government does not provide information on the content of this section. The Committee requests the Government to provide detailed information on the manner in which the OSH Bill will implement this Article of the Convention.

Article 13. Protection of a worker from undue consequences. Noting that the Government refers to provisions of the OSH Bill which empower the minister to make regulations, the Committee requests the Government to provide detailed information on measures taken to implement this Article by laws or regulations or by any other method consistent with national conditions and practice.

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. The Committee notes the Government’s indication that collaboration exists with the National Industrial Safety Council of Nigeria (NISCN). The Government also refers to section 5 of the OSH Bill, but does not provide information on the content of this section. The Committee requests the Government to provide further information on existing and envisaged coordination and cooperation mechanisms to ensure the required coherence of the national policy referred to in Article 4.

Article 17. Cooperation between two or more undertakings engaging in activities simultaneously at one workplace. The Committee once again requests the Government to provide detailed information on measures taken to implement this provision by laws or regulations or by any other method consistent with national conditions and practice.

Article 19(d). Appropriate training in OSH for workers and their representatives in the undertaking. The Committee previously noted the Government’s indication that the specific training programmes carried out by the NISCN include workshops on: occupational safety and health awareness; industrial accident and disease prevention training; confined space safety training; fire prevention and control training; and first-aid training, but that no further information was provided on measures taken to ensure training at the level of the undertaking. The Committee notes the Government’s reference in reply to the Committee’s request to section 29(2) of the OSH Bill but notes that the Government does not provide information on the content of this section. The Committee requests the Government to provide further information on measures taken to ensure there are arrangements at the level of the undertaking under which workers and their representatives in the undertaking are given appropriate training in occupational safety and health.

Application in practice. The Committee notes the information provided by the Government according to which 2,100,000 workers are covered by the legislation giving effect to the Convention, with contraventions to the legislation including unguarded mechanical traps, poorly kept hygiene facilities, poorly stocked first-aid kits, inadequate ventilation, exposure to dust and fumes, fires and chemical explosions. It also notes that 260 occupational accidents were recorded and the causes included machine traps, chemical reactions, worker behaviour and environmental hazards. The Committee requests the Government to provide further information on the manner in which the Convention is applied in the country, and where such statistics exist, information on the number and nature of the contraventions reported, the number, nature and cause of the accidents and diseases reported, etc.