Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) - Seychelles (Ratification: 1999)

Article 4 of the Convention. Measures taken to prevent and control occupational hazards due to air pollution, noise and vibration. Article 8(1) and (3). Criteria for determining and reviewing hazards of exposure to air pollution, noise and vibration. Further to its previous comments, the Committee notes from the Government’s report that the threshold limit values concerning noise applied by labour inspectors is 90 decibels. Moreover, the Committee notes the Government’s reference to the Environment Protection Act of 1994 (EPA), concerning air pollution, and to the British Standards on vibration, in the absence of national standards on this hazard. The Committee notes however that these provisions are of general application and do not provide for specific measures to prevent, control and protect workers against hazards due to air pollution and vibration in the working environment. The Committee is therefore bound to reiterate its request to the Government to take all the necessary steps to give full effect to Articles 4 and 8 of the Convention and to provide information on any development in this regard. It particularly encourages the Government to adopt measures aimed at preventing, controlling and protecting workers against occupational hazards of exposure to air pollution, noise and vibration, to establish criteria for determining these hazards and to specify exposure limits on the basis of these criteria.

Article 5(1) and (2). Consultation between the competent authority and the most representative organizations of employers and workers. The Committee notes the information in the Government’s report that the Occupational Safety Board provides for consultations between the competent authority and the most representative organizations of employers and workers, in order to ensure that measures are taken for the prevention and control of, and protection against occupational hazards in the working environment due to air pollution, noise and vibration. The Committee requests the Government to describe the procedures followed for consulting the most representative organizations of employers and workers with a view to giving effect to the provisions of the Convention and how they are associated in the elaboration of provisions concerning the practical implementation of the measures prescribed in pursuance of the Convention.

Article 5(4). Participation of the employers’ and workers’ representatives in labour inspection. The Committee notes the indication of the Government that employer and worker representatives accompany labour inspectors on inspection visits to workplaces where they have members, especially in cases which involve serious breaches of occupational safety and health (OSH). It also notes that under the Occupational Safety and Health Decree (Safety Officer Regulation), 2012, the safety officer, who acts as the employers’ representative, shall, among other duties, take part in any workplace inspection carried out by authorities in view of assessing the efficiency of safety and health measures implemented (section 8(j)). The Committee requests the Government to provide further information on the measures taken to ensure that representatives of workers also have the opportunity to accompany inspectors during their visits, in accordance with this provision of the Convention.

Article 6(2). Cooperation between two or more employers undertaking activities simultaneously at one workplace. The Committee notes that the information in the Government’s report refers once again to provisions of the existing OSH Decree. With reference to its previous comments, and noting that this legislation is currently under review, the Committee invites the Government to take the necessary measures to give effect to this provision of the Convention.

Article 7(2). Right of workers and their representatives to present proposals, obtain information and appeal to appropriate bodies. The Committee notes the Government’s indications that workers and their representative have the opportunity to present their proposals and to obtain information and training through the Occupational Safety and Health Board and that under the Employment Act of 1995, they have a right to appeal to appropriate bodies on any work grievance, including OSH issues. The Committee requests the Government to indicate the specific provisions which give effect in law to this Article of the Convention, to describe the procedures available to workers and their representatives to present proposals and obtain information and training, and to give further information on the bodies to which they may appeal.

Article 9. Prevention of air pollution, noise and vibration through design and installations of new plants or processes. Further to its previous comment, the Committee notes the information provided by the Government concerning the Environmental Impact Assessment (EIA) process under which applications are made for new industrial plants. The Committee notes that the EIA identifies potential risks and prescribes measures to protect users, the public and workers. It also takes note of the annexes to the report. The Committee requests the Government to provide particulars of the technical measures prescribed under the EIA to ensure that, as far as possible, new plants or processes are kept free from any hazards due to air pollution, noise or vibration, and to provide information on any such measures taken with regard to existing plants or processes, as required by Article 9 of the Convention.

Article 11(3)–(4). Alternative employment or other measures to maintain the income of transferred workers. The Committee notes that the Government refers to provisions of the OSH Decree, which is currently under review. In light of this ongoing review, the Committee invites the Government to take the necessary measures to give effect to Article 11(3)–(4) of the Convention.

Article 12. Processes, substances, machinery and equipment requiring notification to the competent authorities. The Committee notes the information in the Government’s report that the EIA process applies to the system of notification and authorization, whereby a formal request has to be submitted to the Ministry of Environment and Energy, but that another process applies in the case of renewal or replacement of plants. The Committee requests the Government to provide detailed information on the processes, substances, machinery and equipment, subject to notification or authorization for their use, as well as information on the conditions prescribed by the competent authorities for such use.

Application of the Convention in practice. In the absence of the Government’s reply on this point, the Committee once again requests the Government to provide information on the application in practice of this Convention, including extracts from labour inspection reports and statistical information.