Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Occupational Safety and Health Convention, 1981 (No. 155) - Central African Republic (Ratification: 2006)

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Articles 4, 5 and 8 of the Convention. National policy. Spheres of action. With regard to its previous comment, the Committee notes with interest the Government’s indication that: (i) a process for the formulation of a coherent national policy on occupational safety and health (OSH) was launched in 2019, and this process takes account of the spheres of action set out in Article 5, with due respect for tripartism; and (ii) the OSH guidelines, which may be periodically reviewed, are also being developed. The Government adds that, to help it to finalize this project, it has requested the technical assistance of the Office. While taking due note of this information, the Committee requests the Government to continue its efforts to finalize a coherent national policy on OSH, in consultation with the most representative organizations of employers and workers. The Committee notes the Government’s request for technical assistance and hopes that this technical assistance will be provided in the near future.

Article 7. Periodic review of the situation regarding OSH and the working environment. Further to its previous comment, the Committee notes the Government’s information that the periodic review of the OSH situation is guaranteed under current legislation and advisory bodies, particularly the Standing National Labour Council (CNPT), a permanent advisory tripartite body on issues of work, employment, vocational training and, primarily, OSH. One mission of this tripartite body is to issue views and make recommendations on specific sectors with a view to determining effective ways of monitoring occupational hazards and proposing adequate measures. The Committee notes that, in accordance with section 7 of Decree No. 07.177 of 18 June 2007, on the organization and functioning of the CNPT, the latter should meet at least twice a year. While noting the activities of the CNPT, the Committee requests the Government to take the necessary measures to ensure that the situation regarding OSH and the working environment is subject to an overall review at appropriate intervals.

Articles 13 and 19(f). Situation of imminent and serious danger to life or health. Further to the Committee’s previous comment, the Government refers to sections 143 and 144 of the Labour Code. The Committee notes that section 143 provides for the procedures for dismissal for economic reasons, and that section 144 provides for remedies in the case of unjustified dismissal. The Committee also notes the Government’s information on the draft revised Labour Code, section 354 of which sets out that workers are bound to alert the employer, immediately and by any means, to a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health, as well as any shortcoming observed in the system of protection. In addition, the section establishes that the employer cannot require workers who have exercised their right to withdraw, to return to their activity in a work situation where there is continuing imminent and serious danger, resulting from, in particular, a shortcoming in the system of protection. The Committee recalls that Article 19(f) of the Convention provides that an employer cannot require workers to return to a work situation where there is a continuing imminent and serious danger to life or health, and it observes that this would cover any such danger, and not only danger resulting from a shortcoming in the system of protection. The Committee further recalls that Article 13 of the Convention provides that a worker who has removed themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health shall be protected from undue consequences in accordance with national conditions and practice. The Committee requests the Government to take the necessary measures to ensure that section 345 of the draft revised Labour Code is adopted and gives full effect to Articles 13 and 19(f) of the Convention.

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