Medical Examination of Young Persons (Underground Work) Convention, 1965 (No. 124) - Gabon (Ratification: 1968)

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

Previous comment

Article 2(1) of the Convention.Medical examination of persons under 21 years of age prior to underground work in mines. The Committee notes the adoption on 19 November 2021 of Act No. 22/2021 issuing the Labour Code. The Committee notes the Government’s indication in its report that Chapter VI of the new Labour Code is devoted to the protection of young persons at work. It notes that section 215 of the Labour Code provides that the labour inspector may call for a thorough medical examination of fitness for employment for young persons up to the age of 21 years but that this is not an obligation. The Committee notes the Government’s indication that section 245 of the Labour Code provides that no worker may be admitted to employment without having undergone an initial medical examination also covering the trial period and that a supplementary medical examination is also required in the case of: (1) work entailing a serious risk either because of the nature of the products and objects handled or used, or because of the conditions in which the work is performed; and (2) young persons under 16 years of age. The Committee also notes that, under section 246, every worker must undergo a periodic medical examination. The examination must be conducted annually – this interval being determined according to exposure to occupational risks – except for certain workers exposed to hazardous substances. The Committee recalls that Article 2(1) of the Convention provides that a thorough medical examination of fitness for employment shall be required for work underground in mines for persons under 21 years of age. The Committee therefore requests the Government to clarify whether the supplementary medical examination required under section 245 of the Labour Code for work involving a serious risk because of the conditions in which the work is performed also applies to underground work in mines.

Article 5. General policy for the implementation of the Convention. The Committee notes that sections 258 and 259 of the new Labour Code provide for the establishment, by order of the Ministry of Labour, of a technical advisory committee on occupational safety and health, especially for mining operations. The Committee requests the Government to indicate whether the technical advisory committee has been established and to provide a copy of the order of the Ministry of Labour, once it has been adopted.

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

Previous comment

Article 3(2) of the Convention.X-ray film of the lungs. The Committee notes the adoption on 19 November 2021 of Act No. 22/2021 issuing the Labour Code. It notes the Government’s indication in its report that an X-ray film of the lungs must be made on the occasion of the initial medical examination, in accordance with sections 245 and 246 of the Labour Code. However, the Committee notes that sections 245 and 246 merely refer to a “supplementary medical examination”, without stating that an X-ray film of the lungs is compulsory. Recalling that it has been raising this matter for nearly 30 years, the Committee urges the Government to take the necessary measures to ensure that an X-ray film of the lungs is required during the initial medical examination of any person under 21 years of age with a view to their employment or work underground in mines and, if considered necessary from a medical point of view, during subsequent re-examinations.

Article 4(4) and (5). Records of persons who are employed or work underground. The Committee notes with regret the Government’s indication that General Order No. 3018 of 29 September 1953 establishing the model for employers’ records has still not been amended. The Government indicates that a committee drafting the implementing regulations for the new Labour Code has started work to bring Order No. 3018 into conformity with the Convention. The Committee therefore once again requests the Government to take the necessary measures in the near future to bring General Order No. 3018 of 29 September 1953 into conformity with the Convention, and to require that the employer must make available to workers’ representatives, at their request, the records of persons under 21 years of age employed or working underground, with these records obliged to indicate the date of birth of the aforementioned persons, details of the nature of their work and a certificate of fitness for employment, but not providing any medical information.

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

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 2(1) of the Convention. Medical examination of persons under 21 years of age prior to underground work in mines. In its previous comments, the Committee noted that under section 207 of the Labour Code, the initial medical examination prior to recruitment was only compulsory for children under 18 years of age and not, as envisaged by the Convention, for persons under 21 years of age. The Government gave an undertaking to take into account the requirement to make the initial medical examination prior to recruitment compulsory for workers under 21 years of age in the framework of the adoption of a draft Decree to update Order No. 3773 of 25 March 1954 on the organization and operation of medical services. It also noted that under section 178 of the Labour Code, as amended by Ordinance No. 018/PR/2010 of 25 February 2010, labour inspectors may require a medical examination for fitness for employment of children and young persons up to the age of 18 years and up to the age of 21 years for types of work which involve high health risks. The Committee nevertheless observed that medical examination prior to recruitment for young persons of under 21 years of age is still not compulsory. The Committee notes the Government’s indication in its report that section 178 of the Labour Code was amended by Ordinance No. 018/PR/2010 of 25 February 2010. Nevertheless, the Committee notes that the new section 178, which authorizes labour inspectors to require a medical examination until 18 years of age, or until 21 years for types of work that involve high health risks, still does not make medical examinations prior to recruitment compulsory. The Committee recalls that Article 2(1) of the Convention provides that a thorough medical examination for fitness of employment shall be required for work underground in mines for persons under 21 years of age.The Committee therefore requests the Government to take the necessary measures to give full effect to this provision of the Convention, and to provide information on any new developments in this regard.

Article 3(2). X-ray film of the lungs. The Committee has been emphasizing for a number of years that the national legislation in Gabon does not contain any provision requiring an X-ray film of the lungs on the occasion of the initial medical examination and it expressed the hope that the Government would envisage the inclusion in the national legislation of a provision to this effect. The Committee has subsequently noted that the draft Decree to update Order No. 3773 of 25 March 1954 on the organization and operation of medical services would take into account the requirement of an X-ray film of the lungs during the initial medical examination and also, if considered necessary from a medical point of view, during re-examinations. The Committee notes the Government’s indication that there have been no further developments, but that it reiterates its commitment to taking measures to this effect.Recalling that it has been raising this matter for nearly 30 years, the Committee urges the Government to take the necessary measures to ensure that an X-ray film of the lungs is required during the initial medical examination of any person under 21 years of age with a view to their employment or work in underground mines and, if considered necessary from a medical point of view, during subsequent re-examinations. In this respect, it expresses the firm hope that the draft Decree will be adopted in the near future and requests the Government to continue providing information in this respect.

Article 4(4) and (5). Records of persons who are employed or work underground. In its previous comments, the Committee noted General Order No. 3018 of 29 September 1953, the provisions of which do not meet all the requirements of Article 4(4) and (5) of the Convention. However, the Government indicated that it would introduce provisions in conformity with Article 4 of the Convention when the time came to update General Order No. 3018. The Committee notes that, according to the Government’s report, General Order No. 3018 has not yet been amended, but that the Government is working to bring its provisions into conformity with the Convention.The Committee therefore requests the Government to take the necessary measures in the near future to bring General Order No. 3018 of 29 September 1953 into conformity with the Convention.

Article 5. General policy for the implementation of the Convention. The Committee previously noted that section 251 of the Labour Code provides for the establishment of an advisory committee on occupational safety and health, the composition and operation of which are determined by Order No. 000808/MTRHFP/SG/IGHMT of the Minister of Labour. In this respect, the Committee noted that the technical advisory committee on occupational safety and health had not yet been established due to a problem relating to the representativity of trade unions.

The Committee notes the Government’s indication that the problem relating to the representativity of trade unions described in the previous report persists, due to the absence of elections, and that it has therefore not yet been possible in practice to establish the technical advisory committee.The Committee requests the Government to continue providing information on any progress made in this respect.

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

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 2(1) of the Convention. Medical examination of persons under 21 years of age prior to underground work in mines. In its previous comments, the Committee noted that under section 207 of the Labour Code, the initial medical examination prior to recruitment was only compulsory for children under 18 years of age and not, as envisaged by the Convention, for persons under 21 years of age. The Government gave an undertaking to take into account the requirement to make the initial medical examination prior to recruitment compulsory for workers under 21 years of age in the framework of the adoption of a draft Decree to update Order No. 3773 of 25 March 1954 on the organization and operation of medical services. It also noted that under section 178 of the Labour Code, as amended by Ordinance No. 018/PR/2010 of 25 February 2010, labour inspectors may require a medical examination for fitness for employment of children and young persons up to the age of 18 years and up to the age of 21 years for types of work which involve high health risks. The Committee nevertheless observed that medical examination prior to recruitment for young persons of under 21 years of age is still not compulsory. The Committee notes the Government’s indication in its report that section 178 of the Labour Code was amended by Ordinance No. 018/PR/2010 of 25 February 2010. Nevertheless, the Committee notes that the new section 178, which authorizes labour inspectors to require a medical examination until 18 years of age, or until 21 years for types of work that involve high health risks, still does not make medical examinations prior to recruitment compulsory. The Committee recalls that Article 2(1) of the Convention provides that a thorough medical examination for fitness of employment shall be required for work underground in mines for persons under 21 years of age. The Committee therefore requests the Government to take the necessary measures to give full effect to this provision of the Convention, and to provide information on any new developments in this regard.

Article 3(2). X-ray film of the lungs. The Committee has been emphasizing for a number of years that the national legislation in Gabon does not contain any provision requiring an X-ray film of the lungs on the occasion of the initial medical examination and it expressed the hope that the Government would envisage the inclusion in the national legislation of a provision to this effect. The Committee has subsequently noted that the draft Decree to update Order No. 3773 of 25 March 1954 on the organization and operation of medical services would take into account the requirement of an X-ray film of the lungs during the initial medical examination and also, if considered necessary from a medical point of view, during re examinations.

The Committee notes the Government’s indication that there have been no further developments, but that it reiterates its commitment to taking measures to this effect. Recalling that it has been raising this matter for nearly 30 years, the Committee urges the Government to take the necessary measures to ensure that an X-ray film of the lungs is required during the initial medical examination of any person under 21 years of age with a view to their employment or work in underground mines and, if considered necessary from a medical point of view, during subsequent re-examinations. In this respect, it expresses the firm hope that the draft Decree will be adopted in the near future and requests the Government to continue providing information in this respect.

Article 4(4) and (5). Records of persons who are employed or work underground. In its previous comments, the Committee noted General Order No. 3018 of 29 September 1953, the provisions of which do not meet all the requirements of Article 4(4) and (5) of the Convention. However, the Government indicated that it would introduce provisions in conformity with Article 4 of the Convention when the time came to update General Order No. 3018.

The Committee notes that, according to the Government’s report, General Order No. 3018 has not yet been amended, but that the Government is working to bring its provisions into conformity with the Convention. The Committee therefore requests the Government to take the necessary measures in the near future to bring General Order No. 3018 of 29 September 1953 into conformity with the Convention.

Article 5. General policy for the implementation of the Convention. The Committee previously noted that section 251 of the Labour Code provides for the establishment of an advisory committee on occupational safety and health, the composition and operation of which are determined by Order No. 000808/MTRHFP/SG/IGHMT of the Minister of Labour. In this respect, the Committee noted that the technical advisory committee on occupational safety and health had not yet been established due to a problem relating to the representativity of trade unions.

The Committee notes the Government’s indication that the problem relating to the representativity of trade unions described in the previous report persists, due to the absence of elections, and that it has therefore not yet been possible in practice to establish the technical advisory committee. The Committee requests the Government to continue providing information on any progress made in this respect.

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

Article 4(4) and (5) of the Convention. Records of persons who are employed or work underground. Further to its previous comments, the Committee notes General Order No. 3018 of 29 September 1953 communicated with the Government’s report. It observes that the provisions of this Order do not meet all the requirements of Article 4(4) and (5) of the Convention. The Committee however notes the Government’s indication that it will look to introduce provisions in conformity with Article 4 of the Convention when the time comes to update General Order No. 3018. The Committee firmly encourages the Government to take the necessary measures in the near future to bring General Order No. 3018 of 29 September 1953 into conformity with the Convention.

Article 5. General policy for the implementation of the Convention. In its previous comments, the Committee noted that section 251 of the Labour Code provides for the establishment of an advisory committee on occupational safety and health, the composition and operation of which are determined by Order No. 000808/MTRHFP/SG/IGHMT of the Minister of Labour. In this respect, the Committee notes that the technical advisory committee on occupational safety and health has not yet been established due to a problem relating to the representativity of trade unions.

The Committee notes the Government’s indication that the problem relating to the representativity of trade unions referred to in the previous report persists and that it has not yet therefore been possible in practice to establish the technical advisory committee. The Committee requests the Government to continue providing information on any progress achieved in this respect.

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

Article 2(1) of the Convention. Minimum age. In its previous comments, the Committee noted that, under the terms of section 207 of the Labour Code, the initial medical examination prior to recruitment was only compulsory for children under 18 years of age and not, as envisaged by the Convention, for persons under 21 years of age.

The Committee notes the Government’s indication in its report that it undertakes to take into account the requirement to make the initial medical examination prior to recruitment compulsory for workers under 21 years of age in the framework of the adoption of a draft Decree to update Order No. 3773 of 25 March 1954 on the organization and operation of medical services. It also notes that, under the terms of section 178 of the Labour Code, as amended by Ordinance No. 018/PR/2010 of 25 February 2010, labour inspectors may require a medical examination for fitness for employment of children and young persons up to the age of 18 years and up to the age of 21 years for types of work which involve high health risks. The Committee nevertheless observes that the medical examination prior to recruitment for young persons of 21 years of age is still not compulsory. The Committee therefore expresses the firm hope that the draft Decree will be adopted in the near future so as to give full effect to this provision of the Convention and requests the Government to provide information on any developments in this respect.

Article 3(2). X-ray film of the lungs. The Committee has been emphasizing for a number of years that the national legislation in Gabon does not contain any provision requiring an X-ray film of the lungs on the occasion of the initial medical examination and it expressed the hope that the Government would envisage the inclusion in the national legislation of a provision to this effect.

The Committee notes the Government’s indication that the draft Decree to update Order No. 3773 of 25 March 1954 on the organization and operation of medical services will take into account the requirement of an X-ray film of the lungs during the initial medical examination and also, if that is considered necessary from a medical point of view, during re-examinations. Observing that it has been raising this matter for many years, the Committee urges the Government to adopt the necessary measures to ensure that an X-ray film of the lungs is required during the initial medical examination of any person under 21 years of age with a view to their employment or work in underground mines, as well as, if considered necessary from the medical point of view, during subsequent re-examinations. In this respect, it expresses the firm hope that the draft Decree will be adopted in the near future and it requests the Government to continue providing information in this respect.

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

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

The Committee notes the Government’s report. In reference to its previous comments, the Committee notes the Government’s indication that Order No. 3773 of 25 November 1954 is still in force.

Article 2, paragraph 1, of the Convention. Minimum age. In its previous comments, the Committee noted that, under section 207 of the Labour Code, the initial medical examination is compulsory only for children under 18 years and not, as the Convention provides, for persons under 21 years of age. The Committee also noted that section 220 of the Labour Code provides that special orders will be issued for certain specific industries including mining whereas, under section 221, requirements regarding medical examinations must be established in decrees. The Committee asked the Government to take steps to make the initial medical examination compulsory for all workers under 21 years of age and to indicate whether any such rules had been adopted and, if so, to provide a copy of them. In its report, the Government indicates that it has taken note of the comments made by the Committee of Experts in respect of the steps to be taken to make the initial medical examination compulsory for all workers under 21 years of age. It also indicates that the special orders provided for under section 220 of the Labour Code have not yet been adopted. The Committee asks the Government to take the necessary steps to make the initial medical examination compulsory for all workers under 21 years of age, in accordance with Article 2, paragraph 1, of the Convention. It also asks the Government to communicate information on any progress made in this regard.

Article 3, paragraph 2. X-ray film of the lungs. For a number of years, the Committee has pointed out that the national legislation contains no provision requiring an X-ray film of the lungs on the occasion of the initial medical examination and hoped that the Government would incorporate this requirement into its legislation. In its report, the Government indicates that it has taken good note of the Committee of Experts’ comments on the X-ray filming of the lungs on the occasion of the initial medical examination. The Committee asks the Government to take its comments into account when adopting the special orders provided for under section 220 of the Labour Code so as to incorporate a provision requiring an X-ray film of the lungs on the occasion of the initial medical examination and, when regarded medically necessary, on the occasion of subsequent re-examinations. It asks the Government to communicate information on any progress made in this regard.

Article 4, paragraphs 4 and 5. Records of persons who are employed or work underground. In its previous comments, the Committee asked the Government to provide a copy of the Order of the Minister of Labour establishing the model for employers’ records and to state whether any law or regulation requires the information in these records to be made available to workers’ representatives, at their request, in accordance with Article 4, paragraph 5, of the Convention. The Committee notes the information communicated by the Government indicating that General Order No. 3018 of 29 September 1953 establishes the model for employers’ records and that, at present, no law or regulation requires the information in these records to be made available to workers’ representatives. The Committee asks the Government to communicate a copy of General Order No. 3018 of 29 September 1953 which establishes the model for employers’ records. It also asks the Government to take the necessary steps to bring its legislation into line with Article 4, paragraph 5, of the Convention and to ensure that the employer shall make available to the workers’ representatives, at their request, the records of persons under 21 years of age who are employed or work underground and that these records shall contain their date of birth, an indication of the nature of their occupation and a certificate which attests their fitness for employment, but which does not contain medical data.

Article 5. General policy of implementation of the Convention. In its previous comments, the Committee noted that section 251 of the Labour Code provides for the establishment of an advisory committee on safety and health at work, the composition and operation of which are determined by Order No. 000808/MTRHFP/SG/IGHMT of the Minister of Labour. In this regard, the Committee notes the Government’s indication that the technical advisory committee on safety and health at work has not yet been set up due to problems concerning trade union representation. The Committee hopes that the technical advisory committee will be established in the near future. It asks the Government to communicate information on any progress made in this regard.

In reference to its previous direct requests, the Committee asks the Government, once again, to communicate a copy of the collective labour agreement for mining and allied enterprises which is currently in force.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee takes note of the Government’s report. It asks the Government to provide information on the following points.

The Committee recalls that in its 1995 report the Government stated that Order No. 3773 of 25 November 1954 was to remain in force pending adoption of the texts to implement the new Labour Code. Given that the abovementioned order gives effect to some provisions of the Convention and that the Labour Code came into force in 1994, the Committee asks the Government to indicate whether the Order is still in force or whether it has been replaced by new texts and, in the latter case, to provide a copy of them.

Article 2, paragraph 1, of the Convention. The Committee notes that, under section 207 of the Labour Code, the initial medical examination is compulsory only for children under 18 years and not, as the Convention provides, for persons under 21 years of age. It therefore asks the Government to take steps to make the initial medical examination compulsory for all workers under 21 years of age. The Committee also notes that section 220 of the Labour Code provides that special orders will be issued for certain specific industries including mining whereas, under section 221, requirements regarding medical examinations must be established in decrees. It asks the Government to indicate whether any such rules have been adopted, and if so, to provide a copy of them.

Article 3, paragraph 2. The Committee recalls that it has pointed out for several years that the national legislation establishes no requirement for an X-ray film of the lungs at the initial medical examination. The Committee therefore hopes that the Government will shortly incorporate such a provision into the legislation.

Article 4, paragraphs 4 and 5. The Committee notes that section 257 of the Labour Code requires employers to keep up-to-date records according to a model established by an Order of the Minister of Labour. It asks the Government to provide a copy of this Order. The Committee notes that section 257 of the Labour Code requires the records to be made available to the labour inspector. It asks the Government to state whether any law or regulation requires the information in the register to be made available to workers’ representatives, at their request, in accordance with Article 4, paragraph 5, of the Convention.

Article 5. The Committee notes that section 251 of the Labour Code provides for the establishment of an advisory committee on safety and health at work, the composition and operation of which are determined by Order No. 000808/MTRHFP/SG/IGHMT of the Minister of Labour. Since the text has not been sent, the Committee would be grateful if the Government would provide a copy.

With reference to its earlier direct requests, the Committee again asks the Government to provide a copy of the collective labour agreement for mining and allied enterprises which is currently in force.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes 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 reads as follows:

  Article 3, paragraph 2, of the Convention.  In its previous comments, the Committee drew the Government’s attention to the need to take the appropriate measures to introduce into the national legislation a formal provision requiring an X-ray film of the lungs on the occasion of the initial medical examination for employment or work underground in mines of persons under 21 years of age and, when regarded as medically necessary, on the occasion of subsequent re-examinations.

In its latest report, the Government states that the Franceville Uranium Mining Company (COMUF), which is the only enterprise engaging staff (principally persons over 21 years of age) in underground mines, provides effective protection for the staff working in underground galleries. The Committee notes the Government’s statement and recalls that national law has to be brought into conformity with the Convention so that statutory law reflects the practice described above.

The Committee hopes that a provision laying down, in accordance with this provision of the Convention, the requirement to carry out an X-ray film of the lungs on the occasion of the initial medical examination of workers under 21 years of age and, when regarded as medically necessary, on the occasion of subsequent re-examinations, will be included in one of the sets of regulations that have to be adopted under section 220 (a special order to determine the specific occupational health rules applicable to mining enterprises) and section 221 (a decree to determine the conditions under which initial medical examinations, periodical examinations, re-examinations and supplementary examinations shall be carried out) of the new Labour Code (Act No. 3/94 of 21 November 1994). The Committee hopes that these texts will be adopted in the near future and requests the Government to provide their copies.

With reference to its previous direct request, the Committee once again requests the Government to transmit a copy of the collective labour agreement for mining and allied enterprises which is currently in force.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes that no report has been received from the Government. 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 following matters raised in its previous direct request.

In the comments which it has been making for a number of years, the Committee has noted that no provision in the national legislation sets out the requirement, which is contained in the Convention, to carry out an X-ray film of the lungs on the occasion of the initial medical examination and, when regarded as medically necessary, on the occasion of subsequent re-examinations of persons under 21 years of age. The Committee also noted the absence of a formal clause on this matter in the collective agreement for mining and similar enterprises.

The Government has on a number of occasions expressed the intention of taking measures in this respect in the context of "restructuring the general health inspection and occupational medical services and revising the relevant legislation". The Committee notes the Government's statement in its report received in 1991 that, while awaiting a revision of the relevant legislation, it proposes to issue instructions through a circular to the medical services and enterprises concerned. The Committee also noted the comments made by the Gabonese Employers' Confederation which confirm that X-ray examinations of the lungs are conducted for all employees in mines (manganese and uranium) on the occasion of their recruitment and during regular medical examinations, but that this measure is an initiative taken by the enterprises concerned and is not a legal obligation.

The Committee requested the Government to take the necessary measures to bring the national legislation formally into conformity with the Convention so that the legislative texts reflected the practice described by the Government. It trusts that these measures will be taken in the near future, as the Government had expressed the intention of doing, with a view to ensuring that the Convention is respected in law and in practice.

The Committee requests the Government to indicate whether the decree referred to in section 139 of the Labour Code to establish rules for pre-employment and periodic medical examinations, examinations on resumption of work and supplementary examinations, and for establishing and keeping medical record cards and files, has been adopted and, if so, to supply a copy. If it has not been adopted, please indicate whether General Order No. 3773 is still in force. The Committee also requests the Government to supply a copy of the collective agreement for mining and similar enterprises which is currently in force.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

Article 3, paragraph 2, of the Convention. In its previous comments, the Committee drew the Government's attention to the need to take the appropriate measures to introduce into the national legislation a formal provision requiring an X-ray film of the lungs on the occasion of the initial medical examination for employment or work underground in mines of persons under 21 years of age and, when regarded as medically necessary, on the occasion of subsequent re-examinations.

In its latest report, the Government states that the Franceville Uranium Mining Company (COMUF), which is the only enterprise engaging staff (principally persons over 21 years of age) in underground mines, provides effective protection for the staff working in underground galleries. The Committee notes the Government's statement and recalls that national law has to be brought into conformity with the Convention so that statutory law reflects the practice described above.

The Committee hopes that a provision laying down, in accordance with this provision of the Convention, the requirement to carry out an X-ray film of the lungs on the occasion of the initial medical examination of workers under 21 years of age and, when regarded as medically necessary, on the occasion of subsequent re-examinations, will be included in one of the sets of regulations that have to be adopted under section 220 (a special order to determine the specific occupational health rules applicable to mining enterprises) and section 221 (a decree to determine the conditions under which initial medical examinations, periodical examinations, re-examinations and supplementary examinations shall be carried out) of the new Labour Code (Act No. 3/94 of 21 November 1994). The Committee hopes that these texts will be adopted in the near future and requests the Government to provide their copies.

With reference to its previous direct request, the Committee once again requests the Government to transmit a copy of the collective labour agreement for mining and allied enterprises which is currently in force.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

In the comments which it has been making for a number of years, the Committee has noted that no provision in the national legislation sets out the requirement, which is contained in the Convention, to carry out an X-ray film of the lungs on the occasion of the initial medical examination and, when regarded as medically necessary, on the occasion of subsequent re-examinations of persons under 21 years of age. The Committee also noted the absence of a formal clause on this matter in the collective agreement for mining and similar enterprises.

The Government has on a number of occasions expressed the intention of taking measures in this respect in the context of "restructuring the general health inspection and occupational medical services and revising the relevant legislation". The Committee notes the Government's statement in its latest report that, while awaiting a revision of the relevant legislation, it proposes to issue instructions through a circular to the medical services and enterprises concerned. The Committee also noted the comments made by the Gabonese Employers' Confederation which confirm that X-ray examinations of the lungs are conducted for all employees in mines (manganese and uranium) on the occasion of their recruitment and during regular medical examinations, but that this measure is an initiative taken by the enterprises concerned and is not a legal obligation.

The Committee requested the Government to take the necessary measures to bring the national legislation formally into conformity with the Convention so that the legislative texts reflected the practice described by the Government. It trusts that these measures will be taken in the near future, as the Government had expressed the intention of doing, with a view to ensuring that the Convention is respected in law and in practice.

The Committee requests the Government to indicate whether the decree referred to in section 139 of the Labour Code to establish rules for pre-employment and periodic medical examinations, examinations on resumption of work and supplementary examinations, and for establishing and keeping medical record cards and files, has been adopted and, if so, to supply a copy. If it has not been adopted, please indicate whether General Order No. 3773 is still in force. The Committee also requests the Government to supply a copy of the collective agreement for mining and similar enterprises which is currently in force.

Direct Request (CEACR) - adopted 1988, published 75th ILC session (1988)

In its previous comments, the Committee noted that, in accordance with Article 3, paragraph 2, of the Convention, an X-ray film of the lungs was required in practice. It none the less requested the Government to take the necessary measures to confirm this practice explicitly in formal provisions.

The Government states in its report that it has requested the ILO's technical assistance in "restructuring the general health inspection and occupational medicine services and revising the relevant legislation".

The Committee takes note of this statement and suggests that, pending the revision of this legislation, which could well be lengthy, the Government should formally confirm the requirement of an X-ray film of the lungs, by means of instructions to be sent to the medical services and enterprises concerned. It requests the Government to keep the Office informed of any developments that have occurred in this respect.

Finally, the Committee notes the observations communicated by the Gabonese Employers' Confederation which confirms that lung X-ray examinations are conducted on the initiative of the enterprises concerned (manganese and uranium mines).