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

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 13 (white lead), 45 (underground work (women)), 136 (benzene), 155 (OSH), 161 (occupational health services), 170 (chemicals) and 187 (promotional framework for OSH) in the same comment.

A.General provisions

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 of application. In reply to the Committee’s previous comment, the Government indicates in its report that persons in permanent employment in a public administration or employed in the service of the State or public authorities holding special status are not excluded from the scope of the Convention since the national policy on OSH encompasses all persons in the world of work, whether in the public or private sector or the informal or rural economy. The Government also indicates that sections 68–70 of the General Public Service Regulations set out the provisions that apply to officials and employees of the State in the event of an occupational accident or disease. The Committee notes this information, which responds to its previous request.

Article 2(3) of Convention No. 187. Periodic consideration of measures that could be taken to ratify relevant ILO Conventions on OSH. The Committee notes that Order No. 2019-067 MEPS/CAB/DGT instituting the Tripartite Advisory Committee on International Labour Standards (CCTNIT) and establishing its competencies, structure and operation was adopted on 22 August 2019. The Committee also notes that the role of the CCTNIT, composed of representatives of the Government, employers’ organizations and trade union federations, includes giving its opinion on the examination of unratified Conventions and of Recommendations to which effect has not yet been given, with the aim of contemplating measures which might be taken to promote their implementation and ratification. In this regard, the Committee notes that the record of the CCTNIT meeting held on 20 February 2020 indicates that the members of this body were due to consider the question of the ratification of the Safety and Health in Mines Convention, 1995 (No. 176). The Committee requests the Government to provide information on the status of the discussions on the ratification of Convention No. 176 and indicate whether discussions have been launched in the CCTNIT regarding the ratification of other relevant ILO Conventions relating to OSH.

National policy

Articles 4 and 7 of Convention No. 155 and Article 3 of Convention No. 187. Review of national policy on OSH. Consultation of employers’ and workers’ organizations. Promotion of information. The Committee notes with interest the Government’s reference, in reply to its previous comment, to the adoption, by the tripartite representatives, of the National Policy on OSH for 2020–24 (PNSST 2020–24), and of the national OSH profile. The Committee notes that the PNSST 2020–24 aims in particular to promote occupational safety and health in order to increase productivity in all sectors of the national economy and that, accordingly, the State has undertaken to ensure the conformity of workplaces and to promote training, research and the culture of prevention in OSH. The Committee also notes that the implementation of the PNSST is guided by a number of principles, including tripartism and coverage provided by the workplace, so that the employer protects the health of workers, ensures their safety and physical integrity and ensures that the work environment, organization of work and methods used in workplaces are safe. The Committee further notes that the PNSST 2020–24 provides for the drawing up of an operational communication plan aimed at associating target groups with the implementation and evaluation of actions set out in that document, including the political and administrative authorities, the employers, private enterprises and the leaders of trade unions and occupational organizations. Lastly, the Committee notes that the PNSST will be revised every five years by the Ministry of Labour but that periodic reviews can be organized if major changes occur which affect all or part of the PNSST. The Committee requests the Government to provide information on the launch of any process for the periodic review or revision of the PNSST and on arrangements for consultation of the social partners in this context. The Committee also requests the Government to provide information on the drawing up of the operational communication plan referred to in the PNSST.

National system

Article 4(3)(a) of Convention No. 187. Tripartite advisory body. The Committee notes the Government’s indications in its report that the Technical Advisory Committee on issues relating to workers’ safety and health (CTC-SST), a tripartite body which was established by Decree No. 98-40 of 28 January 1998, is experiencing operational difficulties and so a new draft decree is being prepared. The Committee requests the Government to provide information on the status of the process for the preparation of this new decree and to send a copy of it once it has been adopted.

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 review of the national system. In reply to the Committee’s previous comment, the Government indicates, with regard to the revision of OSH laws and regulations, that drafts are prepared by the Ministry of Labour and then referred to the Labour Advisory Committee (CCT), composed of representatives of the employers and workers, before being adopted by the Government. The Committee requests the Government to provide information on the frequency of the periodic review of the national system for OSH, including laws and regulations relating to OSH.

Article 11(b) of Convention No. 155. Functions that the competent authorities must progressively carry out. Work processes and exposure to substances and agents. In reply to the Committee’s previous comment, the Government refers to Decree No. 67-321 of 21 July 1967 codifying the implementing regulations for Title VI (Health and safety – medical service) of Act No. 64-290 of 1 August 1964 issuing the Labour Code, in particular section 4 D 69 of this Decree, which prohibits not only exposure to machinery of which the dangerous parts are without approved guards but also its sale, hire or transfer in any other manner; sections 4 D 302–4 D 318, dealing with particular health measures applicable in establishments whose staff are exposed to lead poisoning; and, lastly, sections 4 D 431 and 4 D 432, dealing with the ban on the use of white lead, sulphate of lead and linseed oil with lead content in painting work in buildings. The Committee notes this information and also notes that the above-mentioned Decree also governs safety and health measures in many other areas. The Committee requests the Government to continue providing information on the application of Article 11(b) of the Convention, for example by indicating the adoption of any new text giving effect to this provision.

Article 11(c) and (e) of Convention No. 155 and Article 4(3)(e) and (f) of Convention No. 187. Collection and analysis of data on occupational accidents and diseases. Production of annual statistics and annual publication of measures taken in pursuance of OSH policy. Research. The Committee notes the Government’s indication that the Côte d’Ivoire National Observatory on Occupational Accidents and Diseases (ONATMP-CI) (OSH Observatory), whose mandate includes collecting and publishing statistics on occupational accidents and diseases at the national level and also carrying out specific studies on such accidents and diseases, is not yet operational. In this regard, the Committee also notes that the PNSST 2020–24 was adopted in a context in which the real scale of the numerous occupational accidents and diseases was under-estimated and where research into OSH was limited. The Committee therefore requests the Government to take the necessary steps to ensure the effective implementation of Decree No. 2013-555 of 5 August 2013 instituting the OSH Observatory and establishing its competencies, structure and operation, and in the meantime to indicate whether practical measures enable effect to be given to the above-mentioned provisions of Conventions Nos 155 and 187. The Committee also requests the Government to provide information on the role of medical labour inspectors in the collection of data on occupational accidents and diseases and also, if applicable, in the establishment of statistics.

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. In its previous comment, the Committee noted that Decree No. 2013-554 of 5 August 2013 establishing the list of occupational diseases which qualify for compensation provides that the OSH Observatory is responsible, inter alia, for placing information concerning work-related diseases at the disposal of the structure responsible for revising the aforementioned list. The Committee notes the Government’s indication that this list is not revised annually and that at present information is gathered on the basis of annual reports of the occupational health services, reports of occupational diseases to the National Social Welfare Fund (CNPS), inspections, and occupational health consultations. In this regard, the Committee also notes that the PNSST 2020–24 shows that the list in question has undergone little adjustment in terms of scientific and technological developments and that it did not cover many diseases now encountered in the workplace. Recalling that the OSH Observatory is not yet operational, the Committee requests the Government to provide information on the measures taken or envisaged to establish any other system that makes it possible: (i) to assess chemical, physical and biological agents in terms of their risk to the health of workers; and (ii) to adjust the list of occupational diseases which qualify for compensation to take account of scientific and technological developments and current diseases.

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. In reply to the Committee’s previous comment, the Government refers to several sections of Decree No. 67-321 concerning, in particular, specific risks. The Committee also notes that Decree No. 89-02 of 4 January 1989 covers the approval, manufacture, sale and use of pesticides, and that Order No. 159/MINAGRI of 21 June 2004 prohibits the utilization in agriculture of active substances used in the manufacture of phytopharmaceutical products. As regards Article 12(a), the Committee requests the Government to continue providing information on the measures taken to give effect to this provision and to indicate, for example, whether a national standardization office exists which is responsible for the drafting and implementation of technical standards. As regards Article 12(b), the Committee refers to its comment below on Articles 6 and 7 of the Chemicals Convention, 1990 (No. 170). In the absence of information on procedures for the application of Article 12(c), the Committee requests the Government to indicate whether and, if so, to what extent, the undertaking given by the State in the context of the PNSST 2020–24 to promote research on OSH has had an impact on the measures taken or envisaged to give effect to Article 12(c).

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. In reply to the Committee’s previous comment, the Government indicates that the CNPS and the Department of Occupational Safety and Health (DSST) are both members of the National Committee for the review of the list of occupational diseases which qualify for compensation and the OSH Observatory. The Government also indicates that the CNPS carries out an annual review of the implementation of the programme contract with the State, which contains elements relating to OSH, but that these elements are not systematically shared with the DSST. The Government further indicates that collaboration between the labour inspection services and the CNPS, in the context of OSH inspections conducted in enterprises, is non-existent and that consultations with the social partners take place through various advisory committees, in particular the CCT and the CTC-SST. The Committee requests the Government to provide information on all measures taken or envisaged to reinforce: (i) the coordination and sharing of data between the DSST and the CNPS; and (ii) collaboration between the latter and the labour inspectorate in the context of OSH inspections conducted in enterprises.

Article 4(3)(b) of Convention No. 187. Information and advisory services on occupational safety and health. In reply to the Committee’s previous comment, the Government indicates that these services are provided in particular by the DSST, the regional OSH offices, the labour inspection services, the CNPS Department for Prevention and the office for occupational diseases. The Committee notes this information, which responds to its previous request.

Article 4(3)(h) of Convention No. 187. Support mechanisms for a progressive improvement of occupational safety and health conditions in micro, small and medium-sized enterprises and in the informal economy. In reply to the Committee’s previous comment, the Government indicates that pilot initiatives have already been conducted by the labour inspectorate and the OSH inspectorate in the informal economy and the rural sector, and that it is envisaged to extend actions of this type. However, the Committee notes from the profile of the Decent Work Country Programme (DWCP), established in April 2020 by the Côte d’Ivoire Ministry of Employment and Social Security in cooperation with the ILO, that the resources allocated to the labour inspectorate are still insufficient to tackle the new challenges in the world of work, particularly in the informal economy. The Committee requests the Government to provide information: (i) on the impact of activities which have already been undertaken by the labour inspection services; and (ii) on any other initiatives aimed at progressively improving OSH in micro, small and medium-sized enterprises and in the informal economy.

National programme

Article 5 of Convention No. 187. National programme on OSH. The Committee notes the Government’s indication that the national programme on OSH 2021–25 has been formulated by the tripartite representatives but that it has not yet been launched or disseminated. The Committee requests the Government to take all necessary steps to ensure the rapid and effective implementation of the national OSH programme, including by seeking support from the highest national authorities, in accordance with Article 5(3) of the Convention. The Committee also requests the Government to continue providing information on all progress made in this respect.

II.Action at the level of the enterprise

Article 16(2) and (3) of Convention No. 155. Employers’ responsibilities. In reply to the Committee’s previous comment, the Government indicates that there is a regulatory text which places employers under the obligation to comply with the requirements established in Article 16(2) and (3). The Committee requests the Government to provide a copy of the regulatory text that places employers under the obligation to comply with the requirements established in Article 16(2) and (3), as referred to in its report.

Article 17 of Convention No. 155. Collaboration between several enterprises at the same workplace. In reply to the Committee’s previous comment, the Government indicates that it is planned to prepare a draft text. The Committee requests the Government to provide information on the adoption of legislation which provides, in accordance with Article 17, that each time that several enterprises undertake activities at one workplace, they collaborate in applying the provisions of the Convention.

Article 19(e) of Convention No. 155. Involvement of technical advisers by mutual agreement. The Committee notes that under section 2 of Decree No. 2020-955 of 9 December 2020 establishing the competencies, structure and operation of occupational safety and health committees (CSSTs), an OSH committee shall be established in all establishments or enterprises employing over 50 workers and that under section 13 of the same Decree the chairperson of the OSH committee can call on an expert if a serious risk arises further to an occupational accident or disease or in the event of a project resulting in a significant modification of OSH conditions and the operation of the enterprise. The Committee also notes that, in enterprises with 50 workers or fewer, it is the staff council which fulfils the role of the OSH committee. The Committee takes note of this information, which addresses its previous request.

Article 21 of Convention No. 155. Cost of OSH measures. The Committee reminds the Government that, under Article 21 of the Convention, occupational safety and health measures must not involve any expenditure for the workers. In the absence of new information on this matter, the Committee once again requests the Government to provide information on the measures taken to give effect to this Article of the Convention regarding, for example, collective and individual protective equipment.

Occupational Health Services Convention, 1985 (No. 161)

Article 2 of the Convention. Coherent national policy on occupational health services. In reply to the Committee’s previous comment, the Government indicates in its report that the PNSST 2020–24 covers occupational health services through its general principle of coverage by the workplace, according to which the employer protects the health of workers, ensures their safety and physical integrity and ensures that the work environment, organization of work and methods used in workplaces are safe. The Government also indicates that the coordination of the PNSST takes place at the strategic, central, intermediate and peripheral level and that at the latter level various actors contribute to the implementation of the PNSST in the workplace, particularly the members of OSH committees and services. The Committee notes this information, which responds to its previous request.

Article 4. Consultation of employers’ and workers’ organizations. The Committee notes that occupational health services are established in consultation with the most representative employers’ and workers’ organizations and that at the national level this consultation takes place within the CCT and the CTC-SST. However, the Committee notes the Government’s indication that the CTC-SST is experiencing operational difficulties and that a new draft decree relating to this body is being prepared. In this regard, the Committee requests the Government to refer to its comment above on Article 4(3)(a) of Convention No. 187. The Committee also requests the Government to indicate how the CCT enables the necessary consultation to take place for the adoption of the necessary measures to give effect to the provisions of Convention No. 161.

Article 5(a)–(f), (i) and (k). Functions of occupational health services. In reply to the Committee’s previous comment, the Government indicates that in practice occupational health services are supposed to perform the functions which are defined in the Convention and that they participate in analysis of occupational accidents and diseases through the OSH committee. The Government also indicates that implementing decrees for the Labour Code are being adopted with a view to reinforcing the functions of these services. The Committee notes that the PNSST 2020–24 shows that the monitoring of workers’ health and of the workplace, in relation to occupational risks, and prevention activities are not extensively developed and that the OSH information system is deficient. The Committee requests the Government to provide information on the status of the process for the preparation of the decrees in question and to ensure that these provide that occupational health services shall fulfil the following functions that shall be adequate and appropriate to the occupational risks of the enterprise, as defined in Article 5 of the Convention, in particular : identification and assessment of the risks (Article 5(a)), surveillance of the factors in the working environment and working practices (Article 5(b)), advice on planning and organization of work (Article 5(c)), development of programmes and testing and evaluation of new equipment (Article 5(d)), advice on OSH, ergonomics and protective equipment (Article 5(e)), surveillance of workers’ health in relation to work (Article 5(f)), collaboration in providing information, training and education (Article 5(i)), and participation in analysis of occupational accidents and occupational diseases (Article 5(k)). The Committee also requests the Government to send copies of the above-mentioned decrees once they have been adopted.

Article 5(h). Functions of occupational health services. Contribution to measures of vocational rehabilitation. In reply to the Committee’s previous comment, the Government refers to sections 80 and 82 of the Social Welfare Code, which provide for the availability of functional rehabilitation measures in the event of an occupational accident or disease. The Committee requests the Government to indicate how occupational health services contribute to decisions taken on occupational rehabilitation further to an occupational accident or disease.

Article 9(1) and (3). Multidisciplinary nature of occupational health services. Cooperation and coordination between health services and other bodies concerned with the provision of health services. The Committee notes the Government’s indication that the multidisciplinary nature of occupational health services is established in the draft implementing decree for the Labour Code relating to them and that under section 4 D 545 of Decree No. 67-321 of 21 July 1967 the works doctor must send a short quarterly report on the health status of the establishment to the labour inspector and to the chief medical officer of the health district, and that this doctor must also notify both of them of any cases of infectious or contagious disease. The Government adds that other, more up-to-date provisions will reinforce this cooperation and coordination. The Committee also notes that the PNSST 2020–24 shows that there is a management deficit in terms of the coordination and management of occupational health services and that the operational and technical capacities of the structures and human resources responsible for occupational health are limited. The Committee requests the Government to provide information on the status of the process for the preparation of new regulatory texts, to ensure that these stipulate the multidisciplinary nature of occupational health services and to send copies of the texts in question once they have been adopted. The Committee also requests the Government to provide information on all measures taken or envisaged to reinforce cooperation and coordination between occupational health services and other bodies concerned with the provision of health services.

Article 14. Information to provide to the occupational health services on factors which may affect the workers’ health. The Committee notes the Government’s indication that, apart from daily visits to sick workers and periodic medical examinations for all workers, section 4 D 536 of Decree No. 67-321 of 21 July 1967 provides in particular for a medical examination at the time of recruitment and one on the resumption of work after the suspension of a contract on account of illness. The Committee also notes the Government’s indication that new texts are being prepared. The Committee requests the Government to provide information on the status of the process for the preparation of these new texts, to ensure that these stipulate that occupational health services shall be informed by the employer and workers of any known factors and any suspected factors in the working environment which may affect the workers’ health, and to send copies of the texts once they have been adopted.

Article 15. Information on occurrences of ill health amongst workers, and absence from work for health reasons. Non-verification of reasons for absences. In reply to the Committee’s previous comment, the Government refers to the Medical Code of Ethics and Decree No. 96-198 of 7 March 1996 on the conditions of suspension of a worker’s contract owing to ill health. While noting this information, the Committee recalls that, under section 10 of Decree No. 96-198, a sick worker must provide justification of his or her health condition throughout the entire period of suspension of the contract, and the employer may, during that period, order a second medical opinion on the worker’s state of health. That provision could potentially create difficulties regarding the application of Article 15, if occupational health service personnel were required by the employer to verify the reasons for absence from work. The Committee therefore once again requests the Government to take the necessary steps to ensure that personnel providing occupational health services are not required by the employers to verify the reasons for absence from work. The Committee also requests the Government to provide more information on the manner in which occupational health services are informed of occurrences of ill health among workers and of absences from work for health reasons, in accordance with Article 15 of the Convention.

Protocol of 2002 to Convention No. 155

The Committee requests the Government to provide detailed information on the application of each of the Articles of the Protocol of 2002.

B.Protection against specific risks

White Lead (Painting) Convention, 1921 (No. 13)

Article 3(1) of the Convention. Prohibition of the employment of young persons under 18 years of age and all women in industrial painting work involving the use of white lead or sulphate of lead or other products containing these pigments. Further to its previous comment, the Committee notes that Order No. 2017-017 MEPS/CAB of 2 June 2017, which determines the list of hazardous types of work prohibited for children, does not contain any specific provisions on the use of white lead or sulphate of lead. Noting with concern that it has been commenting on the issue of the prohibitionof the employment of young persons under 18 years of age and all women in industrial painting work involving the use of white lead or sulphate of lead or other products containing these pigments since 1996,the Committee once again requests the Government to take prompt steps, in law and in practice, to give effect to the prohibition, and requests it to provide information on all progress made in this respect.

Benzene Convention, 1971 (No. 136)

Article 11(2) of the Convention. Prohibition of the employment of young persons under 18 years of age in work processes involving exposure to benzene or products containing benzene, except in the context of education or training. Having noted in its previous comment that, under section 5 of Decree No. 95-307 of 1 March 1995, young persons under 18 years of age are considered unfit, unless there has been special authorization from a doctor, for work processes likely to result in benzene poisoning, the Committee asked the Government to provide information on the measures taken or envisaged to repeal the exception established in section 5 of the Decree. The Committee requests the Government to take all necessary measures to ensure that all work processes involving exposure to benzene or products containing benzene are explicitly included in the list of hazardous types of work prohibited for children, or to take measures to repeal the exception enabling children under 18 years of age to be employed,further to special authorization from a doctor as provided for in section 5 of Decree No. 95-307, in work processes likely to result in benzene poisoning. The Committee also requests the Government to provide detailed information on any cases where special authorization from a doctor has been granted to permit the employment of young persons under 18 years of age in the above-mentioned work processes.

Chemicals Convention, 1990 (No. 170)

Articles 1(1) and 4 of the Convention. Scope of application. Implementation and periodic review of a coherent policy on safety in the use of chemicals, in consultation with the social partners. In its previous comment, the Committee noted that the National Strategy for the management of chemicals (the Strategy), which covered the 2016–20 period, provided for the establishment of a monitoring system. The Committee once again requests the Government to provide information on the measures taken to implement the Strategy in all branches of economic activity where chemicals are used, and on the results achieved through its implementation, and to provide information on the use of the mechanism for the periodic review of the Strategy, in consultation with the most representative organizations of employers and workers concerned.

Article 5. Power to prohibit or restrict the use of certain hazardous chemicals. The Committee once again requests the Government: (i) to indicate the measures taken to ensure coordination of the authorities responsible for prohibiting or restricting the use of certain hazardous chemicals; (ii) to provide information on progress made as regards setting up an inter-institutional committee on the management of chemicals with the task of reinforcing technical capacities in this area; and (iii) to provide information on the mechanisms for notification or authorization before certain hazardous chemicals are used.

Articles 6 and 7. Classification systems and marking of chemicals. The Committee previously noted the Government’s indication that it had not yet determined specific systems or criteria for classifying chemicals according to the degree of hazard they represent and that the Strategy, for the 2016–18 period, provided for devising a harmonized general system (SGH) for the classification and labelling of chemicals and, for the 2018–20 period, provided for mapping the production and use of chemicals according to sectors of activity. The Committee once again requests the Government to provide detailed information on the measures taken to establish systems and criteria for the classification and marking of all chemicals.

Article 8. Chemical safety data sheets. The Committee once again requests the Government to indicate the measures taken to ensure that employers are provided with chemical safety data sheets containing detailed essential information on hazardous chemicals regarding their identity, supplier, classification, hazards, safety precautions and emergency procedures.

Article 9. Responsibilities of suppliers. The Committee previously noted the Government’s indication that suppliers are informed of the need to observe conformity standards for the products concerned and that they are fully responsible for their export and even import activities. The Committee once again requests the Government to provide further information on standards governing the responsibility of suppliers and on the legal consequences of any violation of their obligations in this regard.

Articles 10, 11 and 12. Responsibilities of employers. Identification, transfer of chemicals and exposure.The Committee once again requests the Government to provide information on the measures taken to give effect to the provisions of these Articles concerning the responsibility of employers for the use and transfer of chemicals and with regard to the protection of workers in the event of exposure to hazardous chemicals.

Article 13(1)(a), (d) and (f) and 2(b) and (c). Operational control. The Committee once again requests the Government to indicate the measures taken to ensure that employers are required to meet the obligations provided for in the above-mentioned subparagraphs, namely to choose chemicals that eliminate or minimize the risk; to adopt working systems and practices that eliminate or minimize the risk; to provide and properly maintain personal protective equipment and clothing for workers; and to provide first aid and make arrangements to deal with emergencies.

Articles 15(b) and (d) and 18(3). Information and training. Right to information for workers and their representatives. The Committee once again requests the Government to provide information on the measures taken to ensure instruction of workers in how to obtain and use the information provided on labels and chemical safety data sheets and to provide ongoing training for workers in the practices and procedures to be followed for safety in the use of chemicals at work, including with regard to the transportation of chemicals.

Article 19. Responsibility of exporting States to provide information on the prohibition of the use of chemicals for reasons of safety and health at work. The Committee once again requests the Government to provide further information on the measures taken to ensure that, in cases involving the exportation of chemicals which are subjected to regulation for reasons of health and safety at work, this fact and the reasons for it are communicated to any country to which these chemicals are to be exported.

C.Protection in specific branches of activity

Underground Work (Women) Convention, 1935 (No. 45)

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism (SRM) Tripartite Working Group, classified Convention No. 45 as an outdated instrument, and placed an item on the agenda of the 112th Session (2024) of the International Labour Conference regarding the abrogation of the Convention. The Governing Body also requested the Office to follow up with member States currently bound by Convention No. 45 to encourage the ratification of up-to-date instruments related to OSH, including the Safety and Health in Mines Convention, 1995 (No. 176), and to undertake a campaign to promote the ratification of Convention No. 176. The Committee therefore encourages the Government to follow up on the Governing Body’s decision at its 334th Session (October–November 2018) approving the recommendations of the SRM Tripartite Working Group, and to consider ratifying Convention No. 176.

[The Government is asked to reply in full to the present comments in 2025.]

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

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.