Demande directe (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

Côte d'Ivoire

Convention (n° 155) sur la sécurité et la santé des travailleurs, 1981 (Ratification: 2016)
Convention (n° 161) sur les services de santé au travail, 1985 (Ratification: 2016)
Convention (n° 187) sur le cadre promotionnel pour la sécurité et la santé au travail, 2006 (Ratification: 2016)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Convention No. 155 (occupational safety and health), Convention No. 161 (occupational health services), and Convention No. 187 (promotional framework for OSH) together. The Committee notes the Government’s first reports on the application of these Conventions.

OSH and its promotional framework (Conventions Nos. 155 and 187)

I. Action at the national level

Articles 1 and 2 of Convention No. 155. Scope. The Committee notes that the Government’s report does not explicitly identify the branch of economic activity excluded, as permitted by Articles 1 and 2 of the Convention. However, the Government refers, under Article 1 of Convention, to various provisions of the national law, including the Labour Code, of which section 2 excludes its application to permanent employment in a public administration and to workers holding special status employed by the State or public authorities. Consequently, the Committee requests the Government to indicate whether the workers excluded under section 2 of the Labour Code are thus excluded from the protection afforded by Convention No. 155. If so, it requests the Government to provide information regarding the consultations held with the social partners in that connection, as well as the measures taken to ensure adequate protection for these workers.

Article 2(3) of Convention No. 187. Periodic consideration of measures that could be taken to ratify relevant occupational safety and health Conventions of the ILO. The Committee welcomes ratification by Côte d’Ivoire, in November 2019, of the Chemicals Convention, 1990 (No. 170) and of the Protocol of 2002 to the Occupational Safety and Health Convention, 1981.

National policy

Articles 4 and 7 of Convention No. 155, and Articles 3 and 4(3)(a) of Convention No. 187. National OSH policy. National tripartite advisory body. The Committee notes the Government’s indication that a technical tripartite group has been established to draw up a national OSH policy. The Government also indicates that once the national policy has been formulated, it will be re-examined by that group after five years, and that elaboration of a national OSH profile is foreseen, to facilitate examination of the OSH situation at appropriate intervals, as provided in in Article 7 of Convention No. 155. Moreover, the Committee notes that the Government refers to Decree No. 98-40 of 28 January 1998 on the technical advisory committee for OSH questions which, according to sections 1 and 2 of the Decree is tripartite in composition and is mandated to “advise, and to formulate proposals and resolutions on all issues related to occupational safety and health”. The Committee requests the Government to provide information on progress made towards the definition and implementation, in consultation with the social partners, of a coherent national OSH policy and towards the elaboration of a national OSH profile. It also requests the Government to provide information on all other measures taken to examine the OSH situation at appropriate intervals. Furthermore, the Committee requests the Government to provide additional information on the activities of the tripartite advisory committee on OSH, including the frequency of its meetings in practice, and the OSH issues discussed at the meetings.

National system

Article 8 of Convention No. 155, and Article 4(1) and (2)(a) of Convention No. 187. Legal and regulatory framework in respect of OSH and periodic review of the national system. The Committee takes note that, according to the Government, the national OSH system includes periodic reviews which involve consultation with the social partners. The Committee also notes that the current legal OSH framework consists of the Labour Code and a number of decrees and decisions. The Government indicates further that the implementing decrees for the Labour Code are in the process of adoption. The Committee requests the Government to supply more information on the periodic review mechanism of the national system, and in particular on OSH laws and regulations. It also requests information on relevant consultations held with the social partners.

Article 11(b) of Convention No. 155. Functions that the competent authorities must progressively carry out. Work processes and exposure to substances and agents. The Committee notes, according to section 41.8 of the Labour Code, that decrees can, inter alia, restrict, regulate or prohibit the manufacture, sale, transfer for whatever reason and use of machines, substances and preparations dangerous to workers. The Committee requests the Government to list all decrees adopted on the basis of section 41.8 of the Labour Code that restrict, regulate or prohibit the manufacture, sale, transfer for whatever reason and use of machines, substances and preparations dangerous to workers, and to provide a copy of any decrees adopted in this respect.

Article 11(c) and (e) of Convention No. 155, and Article 4(3)(f) of Convention no. 187. Collection and analysis of data on occupational injuries and diseases. Production of annual statistics and annual publication of measures taken in pursuance of the OSH policy. The Committee notes the recent ratification of the Protocol of 2002 to the Occupational Safety and Health Convention, 1981. The Committee also notes Decree No. 2013-555 of 5 August 2013 on the creation, attributions, organization and functioning of the Côte d’Ivoire National Observatory of occupational accidents and diseases which, in its section 2, lists the functions of the Observatory. It notes from the Decree that the Observatory is responsible for collecting, synthesising, processing, validating and diffusing existing OSH information. The Committee requests the Government to provide information on how the Observatory discharges in practice all the functions listed in section 2 of Decree No. 2013-555 of 5 August 2013, and to indicate whether the Observatory’s functions include the annual establishment and publication of statistics on occupational accidents and diseases at national level.

Article 11(f) of Convention No. 155. Systems to examine chemical, physical and biological agents in respect of the risk to the health of workers. The Committee notes that Decree No. 2013-554 of 5 August 2013 on establishing the list of occupational diseases subject to compensation provides, in its section 4, that the list may be updated once annually. It also notes, under section 2 of Decree No. 2013-555 of 5 August 2013, that the Observatory is responsible for placing information concerning work-related pathologies at the disposal of the structure responsible for revising the list of occupational diseases. The Committee requests the Government to provide more information on the measures taken to develop systems to investigate chemical, physical or biological agents with regard to the danger they entail for workers’ health.

Article 12 of Convention No. 155. Obligations of those who design, manufacture, import, provide or transfer for whatever reason machinery, equipment or substances for occupational use. The Committee notes the Government’s indication that a permanent committee has been created to monitor electrical installations, dangerous machinery and its protective equipment, in accordance with decision No. 1716/MFPE/CAB of 20 February 2008 on the monitoring of electrical installations, of dangerous machinery and its protective equipment at the workplace. It also takes note of the effect given, with regard to machinery, to Article 12(a) of the Convention, by prohibiting the sale, rental, transfer for whatever reason, or the display of certain machinery, as provided in article 4 D 69 of Decree No. 67-321 of 21 July 1967, codifying the implementing regulations of Title VI “Health and safety – medical service” of Act No. 64-290 of 1 August 1964 concerning the Labour Code. The Committee requests the Government to provide information on the measures taken to give effect to Article 12(b) and (c) of Convention No. 155. It also requests the Government to indicate measures taken to give effect to Article 12 (a) in respect of equipment and substances for occupational use.

Article 15(1) of Convention No. 155, and Article 4(3)(g) of Convention No. 187. Necessary coordination between various authorities and bodies. Collaboration with insurance or social security schemes. The Committee notes that, according to the Government, the labour administration services, in particular the Department of Occupational Safety and Health, collaborate with the employers’ and workers’ organizations and with the National Social Welfare Fund. According to the Government, the National Social Welfare Fund also has a Department of Prevention and Promotion of Occupational Safety and Health, which monitors OSH in enterprises. In that connection, section 127 of the Social Welfare Code establishes that the National Social Welfare Fund must verify, by means of the labour and social legislation inspectorate, whether employers respect the health and preventive measures provided by the regulations. The Committee requests the Government to provide information on the mechanisms allowing collaboration between the Department of Occupational Safety and Health and the Department of Prevention and Promotion of Occupational Safety and Health within the National Social Welfare Fund. It requests the Government in particular to indicate how the National Social Welfare Fund collaborates with the authorities responsible for labour inspection and OSH when monitoring OSH in enterprises. It also requests the Government to supply further information on the consultations held with employers’ and workers’ organizations in respect of OSH.

Article 4(3)(b) of Convention No. 187. Information and advisory services on occupational safety and health. The Committee requests the Government to indicate whether measures have been taken to establish information and advisory services on OSH, in accordance with Article 4(3)(b) of Convention No. 187.

Article 4(3)(h) of Convention No. 187. Support mechanisms for a progressive improvement of occupational safety and health conditions in micro-enterprises, in small and medium-sized enterprises and in the informal economy. The Committee notes that one of the outcomes of the Côte d’Ivoire Decent Work Country Programme (DWCP) 2017–2020 was to strengthen workplace conformity with OSH standards in micro-enterprises, small and medium-sized enterprises, in the informal economy and in the rural sector (outcome 3.7). The Committee requests the Government to indicate the measures taken or envisaged, including as part of the DWCP, to establish support mechanisms for a progressive improvement of occupational safety and health conditions in micro-enterprises, in small and medium-sized enterprises, and in the informal economy, in conformity with Article 4(3)(h) of Convention No. 187.

National programme

Article 5 of Convention No. 187. National programme on OSH. The Committee notes the Government’s indication that a national programme is being drawn up and that a tripartite technical group has been established for that purpose. The Committee requests the Government to take the steps required to draw up and implement the national OSH programme and to ascertain that the programme, once completed, is in conformity with the requirements of Article 5(2) of Convention No. 187. It also requests the Government to take measures to ensure that the programme will be widely publicized, endorsed and launched by the highest national authorities, as provided in Article 5(3). The Committee requests the Government to provide information on progress made in that connection.

II. Action at the level of the enterprise

Article 16 of Convention No. 155. Employers’ responsibilities. The Committee notes the Government’s indication that employers are under a general obligation, provided by section 41.2 of the Labour Code, to take all useful measures adapted to the operation of the enterprise to protect the lives and health of workers. However, it observes the absence of information on the existence of a general obligation for employers (i) to ensure, so far as is reasonably practicable, that the chemical, physical and biological substances and agents under their control are without risk to health when appropriate measures of protection are taken, in conformity with Article 16(2) of the Convention; and (ii) provide, where necessary, adequate protective clothing and protective equipment to prevent, so far as is reasonably practicable, risk of accidents or of adverse effects on health, in conformity with Article 16(3). The Committee requests the Government to indicate the measures taken to ensure that employers respect the obligations set out in Article 16(2) and (3) of Convention No. 155.

Article 17 of Convention No. 155. Collaboration between two or several enterprises at the same workplace. The Committee requests the Government to indicate the measures taken to ensure, each time that several enterprises undertake activities at one workplace, that they collaborate in applying the provisions of the Convention, in conformity with Article 17.

Article 19(e) of Convention No. 155. Involvement of technical advisers by mutual agreement. The Committee notes that in enterprises of more than 50 workers, an occupational safety and health committee, composed of representatives of the employers and workers, must be constituted (section 1 of Decree No. 96-206 of 7 March 1996 on the occupational safety and health committee). Moreover, section 10 of Decree No. 96-206 of 7 March 1996 provides that the prevention technician from the National Social Welfare Fund, as well as any other qualified person, may attend the meetings of those committees in an advisory capacity. The Committee requests the Government to indicate all measures taken or envisaged to ensure that in enterprises without an OSH committee, technical advisors may, by mutual agreement, be brought in from outside the enterprise, so that the workers or their representatives and, as the case may be, their representative organizations in the enterprise are enabled to enquire into, and are consulted by the employer on, all aspects of occupational safety and health associated with their work.

Article 21 of Convention No. 155. Expenditure on occupational safety and health measures. The Committee notes that section 16 of Decree No. 96-206 of 7 March 1996 provides that the cost of establishing OSH committees is to be borne by the employer. It also notes that section 4 D 536 of Decree No. 67-321 of 21 July 1967 stipulates that the employer must bear the cost of periodic medical examinations for all workers in the enterprise. The Committee recalls that Article 21 of the Convention provides that occupational safety and health measures shall not involve any expenditure for the workers, and requests the Government to provide more information on the measures taken to give effect to this Article of the Convention with regard, for example, to individual and collective protective equipment.

The Occupational Health Services Convention, 1985 (No. 161)

Article 2 of the Convention. Coherent national policy on occupational health services. The Committee notes that the Government refers in its report to the tripartite technical group established to formulate the OSH policy. The Committee requests the Government to indicate the measures taken to ensure that the OSH policy also includes the elements of a coherent national policy on occupational health services.

Article 5(a), (d), (e), and (i). Functions of occupational health services. The Committee notes that section 4 D 540 of Decree No. 67-321 of 21 July 1967 provides that the physician of the enterprise may advise the director of the establishment on a list of OSH subjects. Section 4 D 539 of the same Decree provides that the enterprise physician’s responsibilities include ensuring that workers receive training in hygiene, prevention of occupational accidents and occupational diseases. The Committee also notes that, in enterprises with over 50 workers the enterprise physician must be on the OSH committee, the functions of which include the requirements of Article 5(a), (d), (e) and (i) of the Convention (sections 2, 3 and 4 of Decree No. 96-206 of 7 March 1996 on the occupational safety and health committee). The Committee requests the Government to indicate whether, in practice, the occupational health services fulfil functions that are adequate and appropriate to the occupational risks of the enterprise, as set out in Article 5(a) (identification and assessment of the risks), (d) (development of programmes and testing and evaluation of new equipment), (e) (advice on OSH, ergonomics and protective equipment), and (i) (providing information, training and education), including in enterprises without OSH committees.

Article 5(h). Functions of the occupational health service. Contribution to measures of vocational rehabilitation. The Committee notes that under section 5 D 536 of Decree No. 67-321 of 21 July 1967, the enterprise physicians are to conduct the medical examination prior to workers resuming work following a suspension of contract due to ill health. The Committee requests the Government to indicate whether other measures have been taken or are envisaged so that the functions of the occupational health services include their contribution to measures of vocational rehabilitation, in conformity with Article 5(h).

Article 5(k). Participation in analysis of occupational accidents and occupational diseases. The Committee requests the Government to indicate whether the functions of the occupational health services include their participation in analysis of occupational accidents and diseases, in conformity with Article 5(k).

Article 9. Composition of the occupational health services personnel and cooperation with the other services in the enterprise. The Committee notes that under sections 4 D 435, 4 D 541 and 4 D 547 of Decree No. 67-321 of 21 July 1967, the health services include physicians and nurses, whose assignments are different. The Government also indicates that there is collaboration, cooperation and coordination between the occupational health services and the health services, through the attending physicians. The Committee requests the Government to provide further information on the measures taken to ensure that occupational health services are multidisciplinary, in conformity with Article 9(1); and on the ways occupational health services and other bodies concerned with the provision of health services cooperate and coordinate together in practice, in conformity with Article 9(3).

Article 14. Information to provide to the occupational health services on factors which may affect the workers’ health. The Committee notes the measures indicated by the Government for keeping the occupational health services informed, including through the minutes of meetings and inspection reports issued by the OSH committees, by inspection reports drawn up by national monitoring structures, and by reports of visits by the occupational physician and the enterprise physician. It notes in that connection that section 4 D 535 of Decree No. 67-321 of 21 July 1967 prescribes daily visits by the enterprise physician only to see workers in ill health, and that section 4 D 536 of the same Decree only provides for periodic examinations for workers once a year. The Committee requests the Government to clarify whether enterprise physicians visit enterprises for reasons other than those cited above and to specify the frequency of those visits in practice.

Article 15. Information on occurrences of ill health amongst workers, and absence from work for health reasons. The Committee notes, according to the Government, that the medical staff is bound to professional secrecy by the Code of Medical Ethics. It notes however that under section 10 of Decree No. 96-198 of 7 March 1996 on conditions of suspension of the worker’s contract due to ill health, the worker must provide justification of his or her health condition throughout the entire period of suspension, and the employer may, during that period, order a second medical opinion regarding the worker’s state of health. That provision could potentially make difficult the application of Article 15, if members of the occupational health service personnel were required by the employer to verify the reasons for absence from work. The Committee therefore requests the Government to take the necessary measures to ensure that members of the personnel providing occupational health services are not required by the employers to examine the reasons for absence from work. The Committee also requests the Government to provide more information on how the occupational health services are informed of occurrences of ill health amongst workers and absence from work for health reasons, in conformity with Article 15 of the Convention.