Occupational Health Services Convention, 1985 (No. 161) - Burkina Faso (Ratification: 1997)

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

The Committee notes the observations of the National Confederation of Workers of Burkina (CNTB) received on 25 August 2015, and the Government’s comments in reply.

Legislation. The Committee notes the adoption of Joint Order No. 2013-010/MFPTSS/MS of 11 April 2013 establishing arrangements and conditions for the conduct of medical checks and supplementary examinations and Joint Order No. 2014-015/MFPTSS/MS of 5 March 2014 on the organization, functioning and means of action of the occupational health services. Noting that the Government has not provided Joint Order No. 2014-015/MFPTSS/MS, the Committee requests it to send a copy to enable it to assess the effect given to the Convention.

Article 1 of the Convention. Functions of occupational health services. Article 9. Multidisciplinary nature of these services. Article 10. Professional independence of the personnel of these services. Article 11. Qualifications required for the personnel. In reply to the Committee’s previous comments on the functions to be entrusted to occupational health services and the multidisciplinary nature of such services, the Committee notes that in its report, the Government indicates that sections 27, 29, 49 and 50 of Joint Order No. 2014-015/MFPTSS/MS give effect to Articles 1 and 5 of the Convention. In this connection, the Committee notes that in its observations, the CNTB states that the matter of the protection of workers is taken into account in the Labour Code and is reflected in particular in the existence of occupational safety and health bodies, such as the Workers’ Safety and Health Office (OST). The CNTB nonetheless considers that the OST is not multidisciplinary in nature. In its reply, the Government indicates that it has taken note of the need to ensure that occupational health services are multidisciplinary. It adds that, according to the abovementioned Joint Order, the staff of the occupational health service is made up of medical and paramedical personnel specializing in occupational safety and health and may include technical occupational safety and health personnel and administrative staff. Lastly, it indicates that in accordance with the abovementioned Joint Order, the personnel of occupational health services enjoy professional independence from employers and workers. The Committee requests the Government to indicate the extent to which the health service functions listed in Article 5(a), (c), (d), (e), (h) and (k) are provided for in national laws or regulations, including in the provisions of Joint Order No. 2014-015/MFPTSS/MS, to specify the criteria used to determine the composition of occupational health services (Article 9) and to specify the national provisions ensuring the independence of health service personnel (Article 10) and determining the qualifications required for the personnel having regard to the nature of the duties to be performed (Article 11).

Article 2. Formulation, implementation and periodic review of a coherent national policy on occupational health services. Further to its previous comments, the Committee notes that, according to the Government, programme No. 4 of the national labour policy incorporates the national occupational safety and health policy, the objectives of which are: to prevent occupational risks; to reduce the worst forms of child labour; and to control sexually transmissible infections, HIV/AIDS and tuberculosis in the workplace. It also notes that, according to the Government, an operational action plan to implement the national labour policy is under way. The Committee requests the Government to provide detailed information on the measures taken or envisaged under programme No. 4 in connection with the establishment of occupational health services and on progress made on the implementation of the operational action plan.

Article 9(2). Cooperation between occupational health services and other services in the undertaking. Noting that the Government’s report contains no information on this point, the Committee once again requests the Government to indicate the manner in which cooperation between occupational health services and other services in the undertaking is ensured.

Article 15. Information to be provided to occupational health services concerning absence from work for health reasons. Further to its previous comments, the Committee notes that, according to the Government, the provisions of Article 15 of the Convention are not specifically reflected in the national legislation. The Committee requests the Government to take the necessary steps to ensure that occupational health services are informed of occurrences of ill health among workers and absences from work for health reasons and that the personnel of these services are not required to verify the reasons for such absences, in accordance with Article 15 of the Convention.

Application in practice. Technical assistance. Further to its previous comments, the Committee notes that the Government indicates that in the course of the technical assistance provided by the Office in 2012, four labour inspectors were given training on international labour standards. The Committee also notes that the Government wishes to request technical assistance for the training of occupational health doctors, nurses specializing in occupational safety and health, occupational hygienists, ergonomists and medical labour inspectors in order to remedy the lack of personnel specializing in occupational safety and health. The Committee requests the Government to provide general information on the manner in which the Convention is applied in practice, including any relevant extracts of labour inspection reports.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Legislation. The Committee notes with satisfaction the adoption of the new Labour Code, Act No. 028/2008/AN of 13 May 2008 (Labour Code), including in particular its Part 3 Occupational Health Services, which gives partial effect to the Articles of the Convention. It also notes the adoption of Decree No. 20112-928/PRES/PM/MFPTSS of 21 November 2011 on general measures concerning protection, prevention and safety applicable to all enterprises. The Committee also notes the information that additional implementing legislation is being drafted, including, in particular, regulations implementing sections 262 and 264 of the Labour Code, and regulations on the following subjects: procedures for the establishment of occupational safety and health services across enterprises; functions of the health personnel within occupational safety and health services; equipment and procurement of supplies of prime importance for occupational safety and health services; and models for registers for use by the occupational safety and health services (daily consultation logs and registers concerning occupational accidents and diseases).

Articles 1, 5 and 9 of the Convention. Functions and multidisciplinary nature of the occupational health services. The Committee notes the referenced provisions in sections 255–263 and that according to section 263 further implementing legislation is foreseen. It notes that section 256 provides that the occupational health services is charged with the prevention of occupational risks, and that the functions the occupational health services are required to fulfil according to section 257 include the functions referred to in Article 5(b), (f), (g), (i) and (j), but that it is not quite clear, however, how effect is given to its Article 5(a), (c), (d), (e), (h) and (k). In particular, the Committee notes that contrary to section 256, section 257 does not refer to the preventive aspects of the occupational health services including those related to the identification and assessment of the risks from health hazards in the workplace. In this context, the Committee would also like to emphasize the provisions in Article 9 which require that, in accordance with national law and practice, the occupational health services should be multidisciplinary. The Committee requests the Government to provide further information on the effect given or envisaged to be given to Article 5(a), (c), (d), (e), (h) and (k) and, as appropriate, to take due account of the terms of Articles 1 and 5 in the context of further development of legislation related to occupational health services.

Article 2. Implementation and periodical review of a coherent national policy on occupational health services. The Committee notes the information in the Government’s report, according to which the national occupational safety and health policy has been integrated in a national labour policy. In the absence of a copy of the policy adopted, the Committee cannot fully determine whether the action taken constitutes compliance with this Article of the Convention. The Committee requests the Government to submit a copy of the national occupational safety and health policy which it hopes contains a policy specifically addressing the subject matters of the present Convention, including a mechanism to ensure its implementation and periodical review in consultation with the most representative organizations of employers and workers.

Article 9(2). Collaboration between the occupational health services and other services within the enterprise. Article 10. Professional independence of the personnel providing occupational health services. Article 11. Qualifications required for the personnel providing occupational health services. Article 15. Information to be provided to the occupational health services regarding absences due to ill health. The Committee notes that the referenced provisions in the Labour Code do not appear to give effect to the provisions of these Articles. The Government is requested to provide further information on the measures taken or envisaged to give effect to Articles 9(2), 10, 11, and 15 of the Convention.

Part VI of the report form. Application in practice and requests for technical assistance. The Committee notes the information that the Government would like to benefit from technical assistance in the following four areas: (a) the promotion and the setting up of occupational health services; (b) training of a sufficient number of occupational medical doctors and nurses to ensure the provision of adequate assistance to the occupational health services; (c) training for the specialization of labour inspectors on matters related to occupational safety and health and in the area of international labour standards. The Committee hopes that relevant technical assistance can be carried out and asks the Government to provide information on any steps taken in this respect with the Office. The Committee again requests the Government to provide information concerning the practical application of the Convention in order to follow the progress made.

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

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

The Committee notes the information in the Government’s reports submitted in 2007, including the reference to various legislative and regulatory texts.

Article 2 of the Convention. Implementation and periodical review of a coherent national policy on occupational health services. Further to its previous comments, the Committee notes the information in the Government’s report, according to which a national occupational safety and health policy is still being prepared. This involves a framework document on national policy in this area, accompanied by a national action plan. The measures concerning the implementation and periodical review of the policy are set forth therein. The Committee hopes that this document will be adopted in the very near future and asks the Government to provide a copy thereof once it has been adopted.

Article 6. Provision for the establishment of occupational health services. Further to its previous comments, the Committee notes that some progress has been made in this respect, in that the action plan accompanying the framework document on national policy relating to occupational health services will cover not only the formal sector, but also the informal sector and the agricultural sector. The Committee notes, however, that the Government has not provided any clarification as to the points raised in its previous comments. It is therefore obliged to reiterate its request concerning the following points: Article 3, Establishment of health services; Article 5(a), Identification of risks from health hazards in the workplace; Article 5(b), Surveillance of the workplace; Article 5(c), Role of health services in the planning and organization of work; Article 5(d), Role of the health services in testing and evaluating new equipment; Article 5(e) and (i), Role of the health services in ergonomics; Article 5(h), Role of the health services in vocational rehabilitation; Article 5(j), Emergencies and first aid; Article 9(2), Cooperation of the health services with other services in the enterprise; Article 10, Independence of health service personnel; Article 11, Qualifications of health service personnel; Article 15, Notification to health services of absences from work for health reasons. The Committee asks the Government to take these points into consideration within the context of the preparation of the new national policy, so as to give full effect to the provisions of the Convention.

Part VI of the report form. Application in practice. The Committee notes the information provided by the Government, according to which 162,372 workers in the private sector and 70,308 workers in the public sector are covered by the legislation. Furthermore, the Committee invites the Government to request, at the appropriate time, ILO assistance with the view to the effective application of the Convention. The Committee hopes that such technical assistance can be carried out and asks the Government to provide information on any steps taken in this respect with the relevant ILO bodies. The Committee requests the Government to continue providing information concerning the practical application of the Convention in order to follow the progress made.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes the information in the Government’s reports submitted in 2007, including the reference to various legislative and regulatory texts.

Article 2 of the Convention. Implementation and periodical review of a coherent national policy on occupational health services. Further to its previous comments, the Committee notes the information in the Government’s report, according to which a national occupational safety and health policy is still being prepared. This involves a framework document on national policy in this area, accompanied by a national action plan. The measures concerning the implementation and periodical review of the policy are set forth therein. The Committee hopes that this document will be adopted in the very near future and asks the Government to provide a copy thereof once it has been adopted.

Article 6. Provision for the establishment of occupational health services. Further to its previous comments, the Committee notes that some progress has been made in this respect, in that the action plan accompanying the framework document on national policy relating to occupational health services will cover not only the formal sector, but also the informal sector and the agricultural sector. The Committee notes, however, that the Government has not provided any clarification as to the points raised in its previous comments. It is therefore obliged to reiterate its request concerning the following points: Article 3, Establishment of health services; Article 5(a), Identification of risks from health hazards in the workplace; Article 5(b), Surveillance of the workplace; Article 5(c), Role of health services in the planning and organization of work; Article 5(d), Role of the health services in testing and evaluating new equipment; Article 5(e) and (i), Role of the health services in ergonomics; Article 5(h), Role of the health services in vocational rehabilitation; Article 5(j), Emergencies and first aid; Article 9(2), Cooperation of the health services with other services in the enterprise; Article 10, Independence of health service personnel; Article 11, Qualifications of health service personnel; Article 15, Notification to health services of absences from work for health reasons. The Committee asks the Government to take these points into consideration within the context of the preparation of the new national policy, so as to give full effect to the provisions of the Convention.

Part VI of the report form. Application in practice. The Committee notes the information provided by the Government, according to which 162,372 workers in the private sector and 70,308 workers in the public sector are covered by the legislation. Furthermore, the Committee invites the Government to request, at the appropriate time, ILO assistance with the view to the effective application of the Convention. The Committee hopes that such technical assistance can be carried out and asks the Government to provide information on any steps taken in this respect with the relevant ILO bodies. The Committee requests the Government to continue providing information concerning the practical application of the Convention in order to follow the progress made.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

1. The Committee notes the information in the Government’s reports submitted in 2007, including the reference to various legislative and regulatory texts.

2. Article 2 of the Convention. Implementation and periodical review of a coherent national policy on occupational health services. Further to its previous comments, the Committee notes the information in the Government’s report, according to which a national occupational safety and health policy is still being prepared. This involves a framework document on national policy in this area, accompanied by a national action plan. The measures concerning the implementation and periodical review of the policy are set forth therein. The Committee hopes that this document will be adopted in the very near future and asks the Government to provide a copy thereof once it has been adopted.

3. Article 6. Provision for the establishment of occupational health services. Further to its previous comments, the Committee notes that some progress has been made in this respect, in that the action plan accompanying the framework document on national policy relating to occupational health services will cover not only the formal sector, but also the informal sector and the agricultural sector. The Committee notes, however, that the Government has not provided any clarification as to the points raised in its previous comments. It is therefore obliged to reiterate its request concerning the following points: Article 3, Establishment of health services; Article 5(a), Identification of risks from health hazards in the workplace; Article 5(b), Surveillance of the workplace; Article 5(c), Role of health services in the planning and organization of work; Article 5(d), Role of the health services in testing and evaluating new equipment; Article 5(e) and (i), Role of the health services in ergonomics; Article 5(h), Role of the health services in vocational rehabilitation; Article 5(j), Emergencies and first aid; Article 9, paragraph 2, Cooperation of the health services with other services in the enterprise; Article 10, Independence of health service personnel; Article 11, Qualifications of health service personnel; Article 15, Notification to health services of absences from work for health reasons. The Committee asks the Government to take these points into consideration within the context of the preparation of the new national policy, so as to give full effect to the provisions of the Convention.

4. Part VI of the report form. Application in practice. The Committee notes the information provided by the Government, according to which 162,372 workers in the private sector and 70,308 workers in the public sector are covered by the legislation. Furthermore, the Committee invites the Government to request, at the appropriate time, ILO assistance with the view to the effective application of the Convention. The Committee hopes that such technical assistance can be carried out and asks the Government to provide information on any steps taken in this respect with the relevant ILO bodies. The Committee requests the Government to continue providing information concerning the practical application of the Convention in order to follow the progress made.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the information contained in the Government’s brief report. The Committee understands that, with assistance from the ILO, the Government is making efforts, in consultation with the tripartite constituents, to bring Burkina Faso’s legislation and practice in conformity with its obligations under ratified ILO Conventions. Hoping that the Government soon will be able to report on positive results from these efforts, including in relation to the obligations in relation to the present Convention, the Committee recalls the comments made in its previous direct request which read as follows:

2. Article 2 of the Convention. Implementation and periodical review of a coherent national policy on occupational health services. The Committee notes with interest that, according to the Government, a national occupational safety and health policy is being prepared. It asks the Government to keep it informed of progress in this matter and to provide copies of the relevant texts as soon as they have been adopted.

3. Article 6. Measures to organize the occupational health service. After examining the Government’s first report, the Committee notes that the main provisions of the Convention are applied. However, a number of clarifications are needed on the following points: Article 3, establishment of health services; Article 5(a), identification and assessment of risks from health hazards in the workplace; Article 5(b), surveillance of the workplace; Article 5(c), role of health services in the planning and organization of work; Article 5(d), role of the health services in testing and evaluating new equipment; Article 5(e) and (i), role of the health services in ergonomics; Article 5(h), role of the health services in vocational rehabilitation; Article 5(j), emergencies and first aid; Article 9, paragraph 2, cooperation of the health services with other services in the enterprise; Article 10, independence of health service personnel; Article 11, qualifications of health service personnel; Article 15, notification to health services of absences from work for health reasons. The Committee hopes that the new national occupational safety and health policy will contribute to the application of these Articles of the Convention, and requests the Government to indicate the measures taken or envisaged to ensure that the Convention is fully applied. It invites the Government to consider whether technical assistance may be useful in this context and, if so, to apply for such assistance to the Office.

4. Part V of the report form. Application in practice. The Committee requests the Government to provide statistics and inspection reports, information on the number of workers covered by the legislation, the number and nature of contraventions reported and any other information that would enable the Committee to better assess how the Convention is applied in the country in practice.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee takes note of the information in the Government’s first report. It notes the adoption of Act No. 33-2004 of 14 September issuing the Labour Code. The Committee asks the Government to provide additional information on the following points.

2. Article 2 of the Convention. Implementation and periodical review of a coherent national policy on occupational health services. The Committee notes with interest that, according to the Government, a national occupational safety and health policy is being prepared. It asks the Government to keep it informed of progress in this matter and to provide copies of the relevant texts as soon as they have been adopted.

3. Article 6. Measures to organize the occupational health service. After examining the Government’s first report, the Committee notes that the main provisions of the Convention are applied. However, a number of clarifications are needed on the following points: Article 3, establishment of health services; Article 5(a), identification and assessment of risks from health hazards in the workplace; Article 5(b), surveillance of the workplace; Article 5(c), role of health services in the planning and organization of work; Article 5(d), role of the health services in testing and evaluating new equipment; Article 5(e) and (i), role of the health services in ergonomics; Article 5(h), role of the health services in vocational rehabilitation; Article 5(j), emergencies and first aid; Article 9, paragraph 2, cooperation of the health services with other services in the enterprise; Article 10, independence of health service personnel; Article 11, qualifications of health service personnel; Article 15, notification to health services of absences from work for health reasons. The Committee hopes that the new national occupational safety and health policy will contribute to the application of these Articles of the Convention, and requests the Government to indicate the measures taken or envisaged to ensure that the Convention is fully applied. It invites the Government to consider whether technical assistance may be useful in this context and, if so, to apply for such assistance to the Office.

4. Part V of the report form. Application in practice. The Committee requests the Government to provide statistics and inspection reports, information on the number of workers covered by the legislation, the number and nature of contraventions reported and any other information that would enable the Committee to better assess how the Convention is applied in the country in practice.