Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Gabon

Occupational Safety and Health Convention, 1981 (No. 155) (Ratification: 2015)
Safety and Health in Construction Convention, 1988 (No. 167) (Ratification: 2015)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH) for which reports are examined this year, the Committee considers it appropriate to examine Conventions Nos 155 (occupational safety and health) and 167 (safety and health in construction) together.

Legislation. The Committee notes that Act No. 3/94 of 11 November 1994, amended by Act No. 12/2000 of 12 October 2000 issuing the Labour Code in the Gabonese Republic, as well as Decree No. 01494/PR/MTEPS of 29 December 2011 issuing general regulations on hygiene in the workplace, give effect to some of the provisions of the Conventions examined. The Committee also notes that the Labour Code (amended in 2010) is being revised and that the draft Code was the subject of an Office technical memorandum in 2014. The Committee requests the Government to continue to provide information on the legislative measures taken to implement the Convention and on the progress made in the revision of the Labour Code. The Committee requests the Government to provide a copy of the revised Labour Code once it has been adopted.

Occupational Safety and Health Convention, 1981 (No. 155)

The Committee notes the Government’s first report.

Articles 4, 7 and 8 of the Convention. National policy on OSH and periodic review of the situation regarding OSH in consultation with the social partners. The Committee notes that section 198 of the Labour Code refers to a national policy on occupational health, but nevertheless notes the Government’s indication that such a policy is not yet in place. The Committee also notes that section 251 of the Labour Code establishes the technical advisory committee on OSH, which is responsible for examining issues relating to OSH and is consulted by the Minister of Labour prior to issuing regulations on OSH. Order No. 00808/MTRFP/SG/IGHMT of 25 November 1995 establishing the composition and regulating the operation of the Committee provides that it must meet at least twice a year. However, the Committee recalls noting, in its General Survey of 2017 on certain OSH instruments, that the Confederation of Gabonese Free Trade Unions (CGSL) had indicated that the tripartite technical advisory committee on OSH was no longer functioning (paragraph 44). The Government is requested to indicate the measures taken or envisaged to formulate, implement and periodically review a coherent national policy on OSH, and to specify whether consultations with the most representative organizations of employers and workers have been undertaken to this effect. The Committee requests the Government to specify whether the technical advisory committee on OSH is still functioning and, if so, to provide information on the manner in which it reviews the situation regarding OSH and the working environment.

Article 5(d). Communication and cooperation at the national level. The Committee notes the provisions of the Labour Code requiring collaboration, at the level of the undertaking, between employers, workers and/or their representatives, including through the OSH committees (sections 205 and 214–219 of the Code), and between employers operating in the same workplace (section 198 of the Code), as well as possible collaboration at the national level between the Ministries of Labour and of Social Security and the social partners with regard to information on OSH to be provided to workers (section 201 of the Code). The Committee requests the Government to provide further information on the measures taken to ensure communication and cooperation on OSH at the national level.

Article 5(e). Protection of workers from disciplinary measures as a result of action properly taken to protect their safety and health. The Committee notes that, under the terms of section 206 of the Labour Code and sections 246–248 of Decree No. 01494/PR/MTEPS, all workers have the right to remove themselves from any situation presenting an imminent danger without being sanctioned. Recalling that Article 5(e) of the Convention provides for a broader understanding of the actions of workers and their representatives and the consequences of these actions, the Committee requests the Government to indicate the measures taken or envisaged to guarantee that workers and their representatives are protected from disciplinary measures as a result of actions properly taken by them in relation to OSH.

Article 9. Enforcement of laws and regulations. The Committee notes the information provided by the Government indicating that the penalties established in section 227 of the Labour Code are applicable to persons who violate the provisions of Chapter IV of the Code relating to OSH. It also recalls that the Gabonese labour administration and inspection systems were the subject of a diagnostic study by the Office in 2010 which, inter alia, noted a shortage of logistical, material and human resources of the inspectorate, especially concerning the application of OSH laws and regulations and labour inspectors’ limited knowledge of OSH, including occupational risk prevention. It also recalls having noted, in its General Survey of 2017 on certain OSH instruments, that the CGSL reported an absence of dissuasive penalties for OSH violations (paragraph 474). With reference to the comments that it adopted in 2014 in the context of the Labour Inspection Convention, 1947 (No. 81), the Committee requests the Government to provide information on labour inspectors’ training in OSH and risk prevention. It also requests the Government to provide information on the measures taken or envisaged to ensure the establishment of adequate penalties for violations of laws and regulations relating to OSH.

Article 10. Guidance for employers and workers. The Committee notes the information provided by the Government on the OSH committees, established in accordance with section 214 of the Labour Code, whose objectives include raising stakeholders’ awareness of measures to improve OSH conditions. The Committee invites the Government to provide further information on the measures taken to provide guidance to employers and workers and on the results achieved.

Article 11(b). Determination of work processes, substances and agents to be subject to authorization or control by the competent authority. The Committee notes that section 204 of Decree No. 01494/PR/MTEPS of 29 December 2011 issuing general regulations on hygiene in the workplace establishes the types of substances considered to be dangerous, but that the Decree does not prohibit or limit their usage. It also notes Act No. 11/2001 establishing the guidelines of the policy for the prevention of ionizing radiation. The Committee requests the Government to indicate whether any measures, apart from the definition of dangerous substances in section 204 of Decree No. 01494/PR/MTEPS, have been taken or envisaged by the competent authority to determine the work processes, substances and agents the exposure of which is to be prohibited, limited or made subject to authorization or control by the competent authorities.

Article 11(c) and (e). Occupational accidents and diseases. Notification procedures and publication of annual statistics. The Committee notes the procedure for the notification of occupational accidents and diseases established in section 202 of the Labour Code and in section 57 of the Social Security Code, as well as the obligation of the labour inspectorate to publish an annual report containing statistics on inspection visits, violations and the penalties imposed, and occupational accidents and diseases, in accordance with section 247 of the Labour Code. The Committee also notes the observation made by the Office in its 2010 diagnostic of the very low rate of notification of occupational accidents and diseases and the absence of basic labour statistics. The Committee requests the Government to provide information on the application in practice of the procedure for the notification of occupational accidents and diseases, and to include in its next report further information on measures to collect and publish annually statistics on occupational accidents and diseases and information on the measures taken in relation to OSH. Please provide a copy of the latest statistics on this subject.

Article 11(d). Inquiries. The Committee notes that section 202 of the Labour Code requires labour inspectors to open an inquiry according to the nature or gravity of the accident or disease, and that section 217 provides that OSH committees are responsible for conducting inquiries into occupational accidents and diseases. The Committee also recalls that the diagnostic study by the Office found that the procedure for the notification of occupational accidents and diseases did not always result in the holding of inquiries, but rather, in an agreement for reparation or compensation in conciliation. Recalling that Article 11(d) requires the holding of inquiries where occupational accidents or cases of occupational diseases appear to reflect grave situations, the Committee requests the Government to provide information on the application in practice of the inquiry procedure set forth in section 202.

Article 12. Obligations of those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee notes that section 212 of the Labour Code requires machinery, mechanisms, transmission devices, tools and engines to be designed, manufactured, installed and maintained in accordance with safety regulations, and that Decree No. 01494/PR/MTEPS establishes safety and health requirements for the installation and use of machinery, devices, engines and other installations. The Committee nevertheless notes that the Government’s report does not contain information on the measures taken to give effect to the specific requirements of Article 12 of the Convention, in particular the responsibilities of those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee requests the Government to indicate the measures taken or envisaged, in law and practice, to give full effect to the requirements of Article 12 of the Convention concerning the responsibilities of those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. It also requests the Government to provide information on manufacturers’ responsibilities in relation to the substances that they produce.

Article 14. Measures to include questions of OSH at all levels of education and training. The Committee notes the information provided by the Government on the promotion of OSH committees in undertakings in recent years and their contribution to the objective of making the fight against occupational risk part of the culture of undertakings. Recalling the scope of application of Article 14 is not limited to the workplace, the Committee requests the Government to specify the measures taken outside the undertaking environment to raise the entire population’s awareness of questions of OSH, including in education.

Article 15. Arrangements to ensure coordination between authorities and bodies. The Committee notes that, in accordance with section 224 of the Labour Code, labour inspectors, occupational health specialists and agents supervising social security bodies are responsible for the implementation of general OSH measures. The Committee requests the Government to provide information on the measures taken or envisaged to ensure coordination between these authorities, as well as information on the consultations held with the social partners to this effect.

Article 19(b) to (d). Rights and obligations of workers and their representatives. The Committee notes the information provided by the Government indicating that legislative measures have been taken to give effect to this provision of the Convention and reporting positive results with regard to worker protection arising from the activities of OSH committees as well as committees on environmental safety and health issues. The Committee nevertheless notes the absence of information on the laws or regulations governing the committees on environmental safety and health issues. It also notes that section 201 provides for the training of workers, but that the legislation does not seem to guarantee the application of Article 19(b), (c) and (d) to representatives of workers. The Committee requests the Government to provide information on the laws or regulations governing committees on environmental safety and health issues, as well as on the measures taken or envisaged to ensure that the rights and obligations listed in Article 19(b) to (d) of the Convention apply to representatives of workers.

Article 20. Cooperation at the level of the undertaking. The Committee notes the information provided by the Government on OSH cooperation between management and workers within OSH committees. It also notes that such committees are usually formed only in undertakings with more than 50 employees, in accordance with sections 214 and 215 of the Labour Code, unless a labour inspector decides to impose the creation of such a committee in an undertaking with fewer staff due to the nature of the work (section 215). Lastly, it notes that section 214 provides that, in undertakings with less than 50 employees, staff representatives are to be given tasks usually assigned to committee members. The Committee requests the Government to indicate how this collaboration is ensured in undertakings with less than 50 employees. It also requests the Government to indicate how frequently section 215 of the Code is invoked by the labour inspectorate, thereby requiring undertakings with less than 50 employees to create OSH committees.

Safety and Health in Construction Convention, 1988 (No. 167)

The Committee notes the Government’s first report.

Articles 3 and 4 of the Convention. Consultation of the most representative organizations of employers and workers and assessment of safety and health hazards. With reference to its comments above under Convention No. 155 on the Technical Advisory Committee on Occupational Safety and Health, the Committee requests the Government to provide information on the manner in which the social partners are consulted on the measures taken to give effect to the Convention. Moreover, the Committee requests the Government to indicate the manner in which existing safety and health hazards in the construction sector are assessed at the national level in order to serve as a basis for the adoption and maintenance in force of laws or regulations which ensure the application of the Convention.

Article 14(4). Inspection of scaffolds. The Committee notes the absence of information provided on the inspection of scaffolds by a competent person in such cases and at such times as shall be prescribed by national laws or regulations. The Committee requests the Government to indicate the provisions establishing the cases in which and the times at which scaffolds must be inspected.

Article 16(1)(d). Training of workers operating vehicles and earth-moving or materials-handling equipment. The Committee notes section 77 of Decree No. 01494/PR/MTEPS establishing the training of workers responsible for maintenance operations of moving work equipment and section 86 on worker training on protection from work equipment. The Committee requests the Government to indicate the measures taken to ensure that vehicles and earth-moving or materials-handling equipment are operated by workers who have received appropriate training.

Article 17(1)(c) and (d). Use of plant, machinery, equipment and hand tools, and training of workers who operate them. The Committee requests the Government to indicate the measures taken or envisaged to give effect to the clauses of the Convention concerning the exclusive use of plant, machinery, equipment and hand tools for work for which they have been designed unless a use outside the initial design purposes has been assessed by a competent person who has concluded that such use is safe, as well as those concerning the training of workers who operate plant, machinery, equipment and hand tools.

Article 17(3). Examination and testing of pressure plant and equipment. The Committee notes that pressure equipment are considered to be dangerous under the terms of section 189 of Decree No. 01494/PR/MTEPS. It nevertheless notes the absence of information on the examination and testing of such equipment by a competent person. The Committee requests the Government to specify the measures taken to ensure in law and practice that pressure plant and equipment are examined and tested by a competent person, as provided for in the Convention.

Article 19(c). Excavations, shafts, earthworks, underground works and tunnels. The Committee notes that sections 186 and 187 of Decree No. 01494/PR/MTEPS regulate underground and semi-underground works and that section 24 provides for the aeration of the ambient atmosphere during underground and semi-underground works. The Committee nevertheless notes the absence of information on the limits laid down for fumes, gases, vapours, dust and other impurities. The Committee requests the Government to indicate the provisions taken or envisaged to lay down limits that keep any fumes, gases, vapours, dust or other impurities at levels which are not dangerous or injurious to health.

Article 19(d). Precautions in the event of fire, or an inrush of water or material. The Committee notes that sections 236 to 249 of Decree No. 01494/PR/MTEPS regulate fire risks. It nevertheless notes that no information is provided on risks relating to an inrush of water or material underground. The Committee requests the Government to indicate the precautions taken to enable workers to reach safety in the event of an inrush of water or material in excavations, shafts, earthworks, underground works or tunnels.

Article 20. Cofferdams and caissons. The Committee notes the lack of information on work involving cofferdams and caissons. The Committee requests the Government to provide information on the manner in which laws or regulations give effect to Article 20 of the Convention.

Article 21. Work in compressed air and supervision. The Committee notes the information provided by the Government concerning Article 21(2) on the provisions making medical examinations for workers mandatory. It nevertheless notes the absence of information provided on the provisions covering work in compressed air and supervision of the conduct of the operations. The Committee requests the Government to indicate the provisions covering work in compressed air, as well as the measures taken to ensure that a competent person supervises the conduct of the operations.

Article 22(1) and (3). Structural frames and formwork. Supervision of a competent person. The Committee requests the Government to indicate the measures taken to guarantee that the erection of structural frames and components, formwork, falsework and shoring are carried out only under the supervision of a competent person, and that it is so designed, constructed and maintained that it will safely support all loads that may be imposed on it.

Article 23. Work over water. The Committee notes that the report does not contain information on work done over or in close proximity to water. The Government is requested to indicate the measures taken or envisaged to guarantee that there is adequate provision for preventing workers from falling into water and the rescue of workers in danger of drowning, in accordance with this Article of the Convention.

Article 24. Demolition. The Committee requests the Government to indicate the measures taken or envisaged to guarantee that appropriate precautions, methods and procedures are adopted when the demolition of any building or structure might present danger to workers or to the public.

Article 27. Explosives. The Committee requests the Government to indicate the measures taken to ensure that explosives are not handled or used except by a competent person.

Article 35. Effective enforcement on the provisions of the Convention and appropriate inspection services. The Committee refers to its comments above on the application of Article 9 of Convention No. 155.