Occupational Health Services Convention, 1985 (No. 161) - Seychelles (Ratification: 2005)

Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

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 Conventions Nos 148 (working environment (air pollution, noise and vibration)), 155 (OSH), and 161 (occupational health services) together.

General provisions

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

Articles 4, 5, 11 and 15 of the Convention. National policy on occupational safety and health. Further to its previous comment, the Committee notes with interest that a National Occupational Safety and Health Policy (OSH Policy) was approved and launched in April 2017. The new OSH Policy takes into account the main spheres of action in Article 5 of the Convention. It is based on key principles and eight strategies which address issues related to safety and health in workplaces, including the prevention of occupational accidents, diseases and deaths through the design and adaptation of work and work organizations to the physical and mental capacities of workers (section 4.0(e)); the effective coordination and collaboration amongst stakeholders (section 6.0(e)); and continual capacity of the enforcement agents particularly the labour inspectors and Safety Officers (section 10.7(a & b)). In addition, the Committee notes that the Government is planning to revise the OSH Policy in 2024 which will further take into account the requirements of Articles 11 and 15 of the Convention. The Committee further notes the Government’s indication that the revision of the Occupational Safety and Health Decree, undertaken since May 2013, was re-initiated by the Ministry in 2023 and that the technical assistance of the ILO has been requested to ensure its conformity with international standards. The Committee requests the Government to continue to provide updated information on all progress made regarding the revision of the OSH Policy and the review of the OSH Decree, as well as the consultations held with the most representative organisations of employers and workers in this regard. It also requests further information on measures taken or envisaged to give full effect to the requirements of Articles 11(b) (work processes and substances subject to authorization and control), 11(d) (holding of inquiries) and 11(e) (publication of OSH data), of the Convention.

Articles 13 and 19(f). Protection from undue consequences. Rights and duties of workers and their representatives. The Committee notes the Government’s indication, in reply to previous comments on the lack of legislative provisions giving effect to Article 13 of the Convention, that the revision of the Occupational Safety and Health Decree (OSH Decree) was re-initiated by the Ministry in 2023 and that the technical assistance of the ILO has been requested to ensure its conformity with the Convention. The Government further indicates that, during labour inspections, workers are advised to report to the Employment Department an imminent and serious danger to their life or health and that they should not feel compelled to work under unsafe conditions and may remove themselves from work. The Committee emphasizes that advice given to workers during the labour inspections does not give full effect to Articles 13 and 19(f) of the Convention. The Committee requests the Government to take the necessary measures to ensure that the revised OSH Decree gives full effect to Articles 13 and 19(f) of the Convention and provides that workers who have removed themselves from a work situation which they have reasonable justification to believe present an imminent and serious danger to their life or health shall be protected from undue consequences, and shall report the situation to their immediate supervisor.

Article 17. Collaboration when there are two or more employers engaging in activities simultaneously at the same undertaking. The Committee notes that under section 6.0(a) of the OSH Policy, employers and employers’ organizations are required to ensure that whenever two or more undertakings engage in activities simultaneously at one workplace, they collaborate in applying the requirements stipulated in the OSH Policy and the law. It is further stipulated that it shall be the responsibility of the main contractor to ensure compliance with safety regulations by the sub-contractor. Noting that the review of the Occupational Safety and Health Decree has been re-initiated by the Ministry in 2023, the Committee requests the Government to provide information on measures taken or envisaged to ensure that the revised OSH legislation gives full effect to the requirements of Article 17 of the Convention.

Article 19(c) and (e). Information and consultation at the level of the undertaking. The Committee requests the Government to provide further information on the measures taken to ensure that there are arrangements at the level of the undertaking under which workers and their representatives are given adequate information on measures taken to secure OSH (Article 19(c)) and that workers or their representatives and their representative organizations are enabled to enquire into, and are consulted by the employer on all aspects of OSH associated with their work (Article 19(e)).

Application of Convention No. 155 in practice. The Committee notes the statistics provided by the Government for 2015 to the first quarter of 2023 which indicates a total of sixteen fatal injuries, and an average of 73 reported occupational accidents per year. In particular, the Committee notes a more than 50 per cent increase in the number of occupational accidents and injuries reported from 2021 (41 injuries) to 2022 (100 injuries). Regarding inspection, the Committee notes with concern a substantial decrease in the number of inspections in the last decade, from 1,197 inspections conducted in 2013 to 538 inspections in 2022. The Committee requests the Government to provide information regarding the reasons for the significant decrease in the number of inspections, as well as measures taken to identify and address the underlying reasons for the increase in occupational accidents and injuries in 2022. It also requests the Government to continue to provide information on the application of the Convention in practice, including relevant up-to-date statistics onoccupational accidents and cases of occupational diseases.

Occupational Health Services Convention, 1985 (No. 161)

The Committee notes the information provided by the Government in response to its previous comments concerning Article 1 and Article 10 (independence of personnel providing occupational health services) of the Convention.

Article 2 of the Convention. National policy on occupational health services. Further to its previous comments, the Committee notes that section 6.0(e) of the OSH Policy states that the Government shall strengthen the OSH mechanism and system to protect all workers from occupational accidents, injuries and diseases, through the proper coordination of Occupational Health Services and OSH programmes. Noting the ongoing review of the OSH Decree and the projected revision of the OSH Policy, the Committee requests the Government to provide information on measures taken or envisaged to ensure that the revised policy includes a coherent national policy on occupational health services.

Articles 3, 5 and 6. Establishment and functions of occupational health services. Further to its previous comments regarding specific provisions the establishment of occupational health services, the Committee notes the Government's indication that such services are provided through the Public Health Authority and regulated by the OSH Decree and by Act 13, Public Health Authority Act, 2015, under the Surveillance Monitoring and Diseases Control Directorate. In this regard, the Committee notes the Government’s indications that the functions of occupational health Unit under the Ministry of Health include: conducting surveillance of worker's health; identification and assessment of the risk from health hazards in the workplace; preventing the occupational transmission of Hepatitis B virus among workers at risk; ensuring that the services are accessible to the working population; advising on planning and organization of work and work practices, including the design of workplaces; and providing advice, information, training and education on occupational health, safety and hygiene, which relate to the functions set out in Article 5(a), (c), (f) and (i). The Committee requests the Government to provide information on the performance of occupational health services with respect to the following functions: surveillance of the factors in the working environment and working practices which may affect workers' health (Article 5(b)); participation in the development of programmes for the improvement of working practices as well as testing and evaluation of health aspects of new equipment (Article 5(d)); advising on occupational health, safety and hygiene and on ergonomics and individual and collective protective equipment (Article 5(e)); promoting the adaptation of work to the worker (Article 5(g)); contribution to measures of vocational rehabilitation (Article 5(h)); organising of first aid and emergency treatment (Article 5(j)); and participation in analysis of occupational accidents and occupational diseases (Article 5(k)).

Article 8. Cooperation and participation of the employers, the workers and their representatives in the implementation of measures relating to occupational health services. The Committee notes the information provided by the Government on the activities of the Occupational Safety Board (OSB) including in 2023 where all OSB members participated in a Forum organised for Safety Officers/Representatives. The Committee requests the Government to provide information on the cooperation and participation of the employers, the workers and their representatives in activities that are specifically related to the occupational health services.

Protection against specific risks

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

The Committee notes the information provided by the Government in response to its previous request concerning Article 7(2) on the right of workers and their representatives to present proposals, obtain information and appeal to appropriate bodies and Article 11(3)–(4) on alternative employment or other measures to maintain the income of transferred workers.

Articles 4 and 8(1) and (3) of the Convention. Measures taken to prevent and control occupational hazards due to air pollution, noise and vibration and 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 requirements for specific measures to prevent, control and protect workers against hazards due to air pollution and vibration in the working environment will be considered in the current review of the OSH Decree. The Government further refers to the re-composition of the OSB which will include two specialised medical practitioners who will advise the Government on specific matters related to occupational safety and health including occupational hazards of exposure to air pollution, noise and vibration. The Committee requests the Government to take measures to ensure that in the current review of the OSH Decree full effect is given to the requirements of Articles 4 and 8(1) and (3) of the Convention, prescribing measures to be taken for the prevention and control of, and protection against, occupational hazards in the working environment due to air pollution, noise and vibration, and establishing criteria for determining the hazards of exposure.

Article 5(1) and (2). Consultation between the competent authority and the most representative organizations of employers and workers. The Committee notes the information provided by the Government in response to the Committee’s previous comment and refers to its comment above on Articles 4, 5, 11 and 15 of Convention No. 155.

Article 5(4). Participation of the employer's and workers’ representatives in labour inspection. The Committee notes the indication of the Government that OSB members representing the workers have the possibility to accompany labour inspectors on inspection visits to workplaces. The Government further indicates that the requirements of Article 5(4) will be considered when reviewing the OSH Decree on whether this should be formalised in the reviewed legislation. The Committee requests the Government to continue to provide information on the measures taken to ensure that representatives of the employer and representatives of the workers of the undertaking shall have the opportunity to accompany inspectors in accordance with Article 5(4) of the Convention.

Article 6(2). Cooperation between two or more employers undertaking activities simultaneously at one workplace. The Committee refers to its comment above on Article 17 of Convention No. 155.

Article 9. Prevention of air pollution, noise and vibration through design and installation of new plants or processes. Noting the absence of information on this matter, the Committee once again requests the Government to provide particulars of the technical measures prescribed under the Environmental Impact Assessment process 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 12. Processes, substances, machinery and equipment requiring notification to the competent authorities. Noting the absence of information on this matter, the Committee once again 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.

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

Article 1 of the Convention. Definitions. Further to its previous comments concerning the absence of a definition of the Occupational Health Unit (OHU), the Committee notes the Government’s indication that it needs to clearly define occupational health services in the country in order to provide for more effective coordination among the various stakeholders. In this regard, the Ministry of Labour and Human Resource Development (MLHRD) is considering the introduction of a definition of occupational health services within the National Policy on Occupational Safety and Health (National Policy on OSH), currently under review. In light of the ongoing review, the Committee invites the Government to take the necessary measures to incorporate the definition of occupational health services within the framework of the National Policy on OSH in accordance with Article 1(a) of the Convention.

Article 2. National policy on occupational health services. Further to its previous comments, the Committee notes from the Government’s report that the draft National Policy on OSH, prepared in consultation with the tripartite Occupational Safety Board (OSB), has been disseminated to different stakeholders for their comments, and that the MLHRD officially submitted a copy of this draft Policy to the ILO country office in Antananarivo on 5 August 2014. The Committee invites the Government to take the necessary measures to ensure that the National Policy on OSH includes the aspects of the occupational health services, and to transmit a copy as soon as it has been adopted.

Articles 3, 5 and 6. Establishment and functions of occupational health services. Further to its previous comments, the Committee notes the information provided by the Government in its report on the functions of the OHU and other bodies, such as labour inspection services and the Ministry of Environment and Energy, in conformity with Article 5 (a)–(j) of the Convention. The Committee also notes that the services provided by the OHU are available to all workers, including in those in the public sector, and that specific activities are carried out to address particular occupational safety and health hazards, such as biological hazards, exposure to noise and dust. The Committee requests the Government to provide information on the specific provisions made for the establishment of OSH services, including their functions, in accordance with Article 6 of the Convention.

Article 8. Cooperation and participation of the employers, the workers and their representatives in the implementation of measures relating to occupational health services. The Committee notes that the Government refers to the OSB, a tripartite body set up under the OSH Decree, 1991, enabling consultations between various stakeholders and which, among other duties, advises the Minister on OSH issues. It also notes the terms of reference of the OSB which guarantee the participation of employers and workers members on an equal footing. The Committee requests the Government to provide information on any activities carried out by the OSB regarding the organization of occupational health services, as provided by this Article of the Convention.

Article 10. Independence of personnel providing occupational health services. The Committee notes the Government’s reference to the Code of conduct and ethics in the public sector, published in 2009, which according to the Government, contains guidelines for the professional and responsible behaviour of public officers. The Committee recalls that the aim of Article 10 of the Convention is to provide to the personnel of occupational health services, full professional independence from employers, workers and their representatives in relation to the functions they perform. The Committee requests the Government to indicate the specific provision, contained in the Code of conduct and ethics or in any other legislative or regulatory text, guaranteeing the full independence of the personnel providing occupational health services.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes the information provided by the Government in its first report on the application of the Convention.

Article 1 of the Convention. Definitions. The Committee notes the information that the objective of the occupational health unit within the Ministry of Health is to contribute towards the achievement of a healthy workforce in the Seychelles by providing occupational health services. It however notes that the Government’s report does not provide any definition of the abovementioned services. The Committee therefore requests the Government to provide further information on the definition of occupational health services in accordance with Article 1(a) of the Convention.

Article 2. National policy on occupational health services. The Committee notes that, according to the Government, a national health and safety policy has been formulated by the Ministry of Labour and Human Resource Department in consultation with the employers’ and workers’ organizations, to demonstrate the Government’s full commitment relating to occupational safety and health in the Seychelles. The policy should integrate the aspect of occupational health services. It also notes the information that the policy has been finalized and will come into force after validation from all stakeholders, including the social partners and endorsement by the Cabinet. The Committee requests the Government to provide a copy of the national health and safety policy once it has been validated.

Article 3. Occupational health services. The Committee notes that no legislative reference has been provided regarding the functions of the occupational health services referred to in the report. It also notes that while the occupational health services provided by the Occupational Health Unit of the Ministry of Health reportedly are available to all workers, it is not clear how the Government ensures that these services are adequate and appropriate to the specific risks of the undertakings in all branches of economic activity and in all undertakings. Moreover, the Committee observes that the obligation to provide for safety officers and occupational safety and health representatives depends on the classification of the undertaking as involving a particular risk to safety and health The Committee requests the Government to provide further information on measures taken to ensure that full effect is given to Article 3, in law and in practice.

Article 5. Functions of the occupational health services. The Committee notes the information according to which effect is given to Article 5(b), (e), (f) and (i). The Committee requests the Government to indicate the measures taken to give full effect to Article 5(a), (c), (d), (g), (h), (j) and (k) of the Convention.

Article 8. Cooperation and participation of the employers, the workers and their representatives where they exist, in the implementation of measures relating to occupational health services. The Committee asks the Government to indicate the measures taken to bring about the cooperation and participation of the parties concerned.

Article 10. Independence of personnel providing occupational health services. The Committee requests the Government to provide information on the measures adopted to guarantee the professional independence of the personnel.

Article 11. Qualification of personnel providing occupational health services. The Committee requests the Government to indicate the qualifications required for the personnel which have been determined by the competent authority