Individual Case (CAS) - Discussion: 1994, Publication: 81st ILC session (1994)

A Government representative indicated that his Government was called to supply information on the inadequacy of the national legislation in respect of benzene in the observations made in respect of his country on the Convention. In this respect he pointed out that a new Labour Code, elaborated with the technical assistance of the Office, was at present with the National Assembly and might be adopted at its next session. The particular feature of this new Code was the reinforcement of the provisions on the safety and health of the workers. The regulations prepared for its implementation were in full conformity with the ILO Conventions. If the Government in its report did not mention the decree referred to since 1984, it was because this decree could not be adopted due to changes which occurred in November 1990 and January 1994 in the Ministry of Employment and Public Service and because of the new law which would necessarily repeal a certain number of regulations. He added, however, that this Committee could be sure that his Government would soon take the measures necessary for the adoption of the implementing texts, in conformity with Articles 1, 2, 4, 6, 8 and 11 of the Convention, in order to ensure the individual and collective protection of workers exposed to benzene.

The Employers' members stated that while those countries who had ratified this technical Convention faced some quite tough requirements, it was necessary because working with benzene could be extremely dangerous and harmful to health. With respect to the Côte d'Ivoire, the experts have been making observations since the ratification of the Convention by that country in 1972 for the simple reason that the law of 1967 was considerably at variance with the requirements of the Convention. These requirements were quite clear and unambiguous and it should therefore be perfectly possible for the Government to include them in the draft legislation. According to the Government representative, this draft legislation, prepared with the assistance of the Office, was now before the Parliament, and the Employers' members hoped that it would in fact be adopted in the course of the next parliamentary session and later on be implemented. They requested the Government to send a copy of this draft legislation to the International Labour Office as soon as possible so that it could be examined once again. They also urged the Government to expedite the parliamentary adoption of this Bill, so that the Committee would finally be able to take note that Côte d'Ivoire was fulfilling its obligations under the Convention.

The Workers' members emphasized the importance of this Convention. For nearly 20 years, the Committee of Experts had noted the non-application of a number of the provisions of the Convention and that, since 1984, the Government had referred to a draft decree to rectify the situation. However, until now nothing had been approved or done to resolve these difficulties. The Workers' members considered that a period of ten years was too long to reply to the comments and to take the necessary measures, taking into account that in other cases concerning other Conventions the Committee of Experts was also obliged to note unfulfilled promises on the part of the Government and the same difficulties, as on Convention No. 52. There was a certain lack of will on the part of the Government to cooperate and to take into account the conclusions and the supervisory bodies. In view of the gravity of the problem and the fact that it presented real dangers for the health and even for the life of workers, the Workers' members believed that the Committee should urge the Government to take the comments of the Committee of Experts seriously, to speed up the adoption of new regulations and to furnish all the information on the measures taken in this field. They hoped that real progress could be registered next year.

The Government representative stated that he had taken due note of the suggestions made by the Employers' and by the Workers' members and assured the Committee that provisions would be taken in line with the recommendations made. He hoped that the texts necessary for the application of the Convention would be adopted in the near future.

The Committee noted the information supplied by the Government representative. It noted with concern, as had the Committee of Experts, that serious discrepancies had existed for many years between certain specific provisions of the Convention and the national legislation and practice, without any real progress having been registered. The Committee expressed the firm hope that the Government would, in the very near future, take all the necessary measures to ensure full application of the Convention, in legislation as well as in practice. The Committee requested the Government to supply, as soon as possible, the draft decree to the Committee of Experts and hoped that it would at last be able to note some real progress in the Government's next report.

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 2021, published 110th ILC session (2022)

The Committee notes the information supplied by the Government in its first report.

Articles 1(1) and 4 of the Convention. Scope of application. Formulation, implementation and periodic review of a coherent policy on safety in the use of chemicals, in consultation with the social partners. The Committee notes that the National Strategy for the management of chemicals (the Strategy) was adopted in 2014 and covers the 2016–20 period. The Strategy groups together all projects and activities which are planned to enable Côte d’Ivoire to achieve environmentally rational management of chemicals throughout their life cycle. The Committee also notes that this document provides for the establishment of a monitoring system and that the Ministry of the Environment and Sustainable Development is the authority responsible for the evaluation of its implementation. The Committee requests the Government to provide information on the measures taken to apply the National Strategy for the management of chemicals in all branches of economic activity where chemicals are used, and to indicate the results achieved. The Committee also requests the Government to provide information on 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 notes the Government’s indication that the ministries responsible respectively for labour, the environment, public health and agriculture have the power, as part of their specific areas of competence, to prohibit or limit the use of certain hazardous chemicals. The Committee also notes that the Strategy, as part of reinforcing technical capacities in this area, provides for the setting up of an inter-institutional committee on the management of chemicals. The Government also refers in its report to specific legislative provisions which prohibit or restrict the use of certain hazardous chemicals. The Committee requests the Government to indicate the measures taken to ensure coordination of the authorities responsible for prohibiting or restricting the use of certain hazardous chemicals. In this regard, the Committee requests the Government to provide information on progress made as regards setting up an inter-institutional committee on the management of chemicals. The Committee further requests the Government 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 notes the Government’s indication that it has not yet determined specific systems or criteria for classifying chemicals according to the degree of hazard they represent. The Committee also notes that the Government, with regard to the marking of chemicals, refers to Decree No. 67-321 of 21 July 1967, section IV of which regulates the labelling of containers for benzene hydrocarbons or products for industrial use. Moreover, the Committee notes that the Strategy, as part of the assessment and management of risks linked to chemicals, provides for mapping the production and use of chemicals according to sectors of activity and devising a harmonized general system (SGH) for the classification and labelling of chemicals. The Committee 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 notes the Government’s reference in its report to the verification of hazardous chemicals, by the national authorities and accredited agencies, before these products are imported into Côte d’Ivoire. The Committee recalls that, under Article 8 of the Convention, for hazardous chemicals, chemical safety data sheets containing detailed essential information regarding their identity, supplier, classification, hazards, safety precautions and emergency procedures shall be provided to employers. The Committee therefore requests the Government to indicate the measures taken to ensure that employers are provided with chemical safety data sheets, as prescribed in this Article of the Convention.

Article 9. Responsibilities of suppliers. The Committee notes the indication in the Government’s report 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 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 notes that the Government’s report refers to the labour inspection system and to the competence that lies with the Ministry of Labour and the Ministry of Public Health for the application of these Articles. The Committee notes that Articles 10, 11 and 12 refer to 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. The Committee therefore requests the Government to provide information on the measures taken to ensure the application of the provisions of these Articles.

Article 13. Operational control. The Committee notes the Government’s indication concerning the general obligation of employers, established in section 41.2 of the Labour Code, to take all appropriate measures in line with the operating conditions of the enterprise to protect the life and health of workers. The Government’s report also refers to Chapter II of Decree No. 67-321 of 21 July 1967, which establishes particular hygiene and safety measures applicable in workplaces where, because of hazardous, unhealthy or dirty work, the materials or products used, or the strength required to handle them, the workers employed there must be specially protected or provided with appropriate conditions of hygiene. However, the Committee notes the lack of information on the existence of obligations for employers to: (i) choose chemicals that eliminate or minimise the risk; (ii) adopt working systems and practices that eliminate or minimise the risk; (iii) provide and properly maintain personal protective equipment and clothing for workers; and (iv) provide first aid and make arrangements to deal with emergencies. The Committee requests the Government to indicate the measures taken to ensure that employers are required to meet the obligations provided for in Article 13(1) and (2).

Articles 15 and 18(3). Information and training. Right to information for workers and their representatives. The Committee notes the Government’s reference in its report to section 41.3 of the Labour Code, which provides that employers are required to conduct training on hygiene and safety for newly recruited employees and those who change jobs or working techniques. This training must be updated for the staff concerned in the event of changes to the legislation or regulations. The Committee 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 notes that Order No. 159/MINAGRI of 21 June 2004, prohibiting the use in agriculture of active inputs in the manufacture of phytopharmaceutical products, contains an appended list of active substances whose use, manufacture and packaging for placing on the national market or use in agriculture is prohibited. The Committee 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.

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.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 6(2) of the Convention. Concentration of benzene in the air of places of employment not exceeding a ceiling value of 25 parts per million (80 mg/m3). Application in practice. With reference to its previous comments, in which it requested the Government to provide information on the measures taken to ensure that the ceiling value of benzene established by Decree No. 95-307 of 1 March 1995 is not exceeded, the Committee notes the Government’s indication in its report that the maximum concentration of benzene is brought to the attention of the enterprises concerned during inspections, and that measurements of benzene in the air are carried out by private and semi-public institutions. The Committee requests the Government to provide further information on the application in practice of this provision, including relevant extracts from inspection reports.

Article 11(2). 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. The Committee recalls that, in its previous comments, it noted that, under section 4 of Decree No. 95-307, young persons under 18 years of age are not considered fit for work processes likely to result in benzene poisoning, except with special authorization from a physician, and that this exception runs counter to Article 11(2) of the Convention. The Committee notes that the Government refers in its report to section 12 of Order No. 009 MEMEASS/CAB of 19 January 2012 revising Order No. 2250 of 14 March 2005, determining the list of hazardous types of work prohibited for children under 18 years of age, which prohibits the employment of children in types of workshops set out in a list, including workshops where benzene vapour is released. The Committee nevertheless notes that this list is not exhaustive and that the prohibition established in this Order does not explicitly cover all work processes involving exposure to benzene or products containing benzene. It also notes that the Government does not provide information on the measures taken to amend Decree No. 95-307 with a view to repealing the exception established in section 4 concerning the employment of young persons with special authorization from a physician. The Committee requests the Government to provide information on the measures taken or envisaged to repeal the exception established in section 4 of Decree No. 95-307 regarding the possibility for young persons under 18 years of age who have special authorization from a physician to be employed in work processes likely to result in benzene poisoning, so as to bring it into conformity with Article 11(2) of the Convention. It also encourages the Government to take measures to revise Order No. 009 MEMEASS/CAB of 19 January 2012 to explicitly include in the list of hazardous types of work prohibited for children under 18 years of age all work processes involving exposure to benzene or products containing benzene.

Technical assistance. The Committee notes that the Government wishes to receive technical assistance from the Office in order to strengthen the national occupational safety and health system and the capacities of medical labour inspectors. It also notes that in its report on the White Lead (Painting) Convention, 1921 (No. 13), the Government indicates that it requests technical assistance from the Office to study the extent of white lead and benzene use in enterprises. The Committee hopes that the Office will provide the technical assistance requested by the Government.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 3(1) of the Convention. Prohibition of the employment of young men under 18 years of age and all women in industrial painting work involving the use of white lead and sulphate of lead. Technical assistance. The Committee refers to its previous comments, in which it has been asking the Government for years to take the necessary steps to ensure that young men under 18 years of age and all women are not employed in industrial painting work involving the use of white lead, sulphate of lead or all other products containing these pigments. The Committee notes that the Government refers once again in its report to section 4D-431 of Decree No. 67-321 of 21 July 1967. The Government also refers to section 12 of Order No. 009 MEMEASS/CAB of 19 January 2012 revising Order No. 2250 of 14 March 2005 determining the list of hazardous types of work prohibited for young persons under 18 years of age. The Committee recalls once again that the above section of the 1967 Decree is only concerned with painting work in buildings, whereas Article 3(1) of the Convention covers all types of industrial painting work. The Committee further notes that section 12 of Order No. 009 of 19 January 2012 prohibits the employment of children in listed workshops, which could include those using certain procedures involving the use of white lead or sulphate of lead, and particularly workshops where acid fumes or dust are emitted or where varnish is manufactured or applied. However, the Committee notes that this list is not exhaustive and does not cover all uses of white lead, sulphate of lead or all other products containing these pigments. Moreover, the Committee notes that the Government does not provide any information on the prohibition of the employment of women in the industrial painting work concerned. It further notes that the Government has requested technical assistance from the Office in order to survey the extent of the use of white lead and benzene in enterprises. The Committee urges the Government to take prompt steps, in law and in practice, to prohibit the employment of young men under 18 years of age and all women in industrial painting work involving the use of white lead, sulphate of lead or other products containing these pigments, and requests it to provide information on this matter. It also hopes that the Office will provide the technical assistance requested by the Government.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the Government’s brief report and statement that the Government intends to consider ratifying the Safety and Health in Mines Convention, 1995 (No. 176). With reference to its previous comments, the Committee recalls that Convention No. 45 will again be open to denunciation for a one-year period from 30 May 2017. The Committee asks the Government to keep the Office informed of any decision taken in this regard.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Further to its observation, the Committee requests the Government to provide additional information on the following points.

Article 6(2) of the Convention. Concentration of benzene in the air of places of employment not exceeding a ceiling value of 25 parts per million (80 mg/m³, or 0.08 g per m³). Noting that, according to the Government, Decree No. 95–307 of 1 March 1995 gives full effect to this provision, the Committee requests the Government to provide detailed information on the measures taken to ensure that this rate is not exceeded, including, for example, extracts from relevant labour inspectorate reports.

Article 11(2). Prohibition upon young persons under 18 years of age from being employed in work processes involving exposure to benzene or products containing benzene, except in the context of education or training. For many years, the Committee has been recalling that this provision of the Convention prohibits young persons under 18 years of age from being employed in work processes involving exposure to benzene or products containing benzene, except in the context of education or training, subject to adequate technical and medical supervision. Indicating that the Convention does not permit other exceptions, such as the employment of young persons with special authorization by a physician, as contained in section 4 of Decree No. 95–307, the Committee requested the Government to amend the legislation and to take steps to ensure the application of this Article in practice. The Government reiterates that this exception will be repealed during the next revision of the regulations. The Committee requests the Government to provide more concrete information concerning the amendment of the legislation concerned. Pending the adoption of the amendments announced, the Committee requests the Government to take practical steps without delay to ensure that young persons under 18 years of age are not employed in the work mentioned, even with special authorization by a physician, and to provide information on the steps taken and their impact.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 3(1) of the Convention. Prohibition of the employment of young persons under 18 years of age and women in any painting work of an industrial character involving the use of white lead or sulphate of lead. In its previous comments, the Committee noted the Government’s indication that the Labour Code prohibits the use of white lead, sulphate of lead or leaded linseed oil in painting work in construction (section 4 D 431). The Committee recalled that the prohibition laid down in Article 3(1) applies to all sectors which engage in industrial painting work, and not only building work. The Committee also requested the Government to take the necessary measures to ensure that young persons under 18 years of age and women are not employed in any painting work of an industrial character involving the use of white lead or sulphate of lead or other products containing these pigments, in accordance with this Article of the Convention. The Committee notes that, according to the Government’s report, measures will be taken to extend the law to all sectors which engage in industrial painting work, and not only in building work, and that the law will be amended to prohibit the employment of young persons under 18 years of age and women in any painting work of an industrial character involving the use of white lead, sulphate of lead or other products containing this pigment. The Committee recalls that it has been referring to this matter for many years. The Committee therefore urges the Government to take the necessary measures to bring its legislation into conformity with the Convention and to provide more concrete information on the amendment of the law. Pending the adoption of the amendments announced, the Committee requests the Government to take practical steps without delay to ensure that young persons under 18 years of age and women are not employed in the work mentioned and to provide information in that regard.

Plan of Action (2010–16). The Committee would like to take this opportunity to inform the Government that, in March 2010, the Governing Body adopted a plan of action to achieve widespread ratification and effective implementation of the key instruments in the area of occupational safety and health (OSH), the Occupational Safety and Health Convention, 1981 (No. 155), its 2002 Protocol, and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) (document GB.307/10/2(Rev.)). The Committee would like to bring to the Government’s attention that, under this plan of action, the Office is available to provide assistance to governments, as appropriate, to bring their national law and practice into conformity with these key OSH Conventions in order to promote their ratification and effective implementation. The Committee invites the Government to provide information on any needs it may have in this respect.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Action Plan (2010–16). The Committee notes with interest the documents entitled “National Occupational Safety and Health Policy” and “National Occupational Safety Plan 2010–14”, the latter of which indicates under objective 1.1 the desire to ratify the Occupational Safety and Health Convention, 1981 (No. 155), the Occupational Health Services Convention, 1985 (No. 161), and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187). It also notes the introduction of the document concerning the national policy, which indicates that “Due to the lack of an overall policy, there are problems in terms of both the design and the operation of the occupational safety and health system in Cote d’Ivoire, even though it is codified”. The Committee takes this opportunity to indicate that, in March 2010, the Governing Body adopted the plan of action to achieve widespread ratification and effective implementation of Convention No. 155, its 2002 Protocol and Convention No. 187 (see document GB.307/10/2(Rev.)). The Committee indicates that, under this plan of action, the Office envisages a whole series of actions to provide assistance to governments who request it to help them to bring their legislation and practices into line with the fundamental occupational safety and health Conventions in order to promote their ratification and effective implementation. The Committee requests the Government to provide information on any needs identified in this regard.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes the information contained in the Government’s brief report. It notes in particular that the Decree issuing regulations under section 23.1 of the Labour Code (Act No. 95-15 of 12 January 1995), determining the nature of the work prohibited for women, pregnant women and children has not been adopted. The Committee also notes the request for technical and financial assistance made by the Government for the purpose of controlling compliance with the prohibition on the use of white lead and sulphate of lead in the painting and building industries.

2. Article 3, paragraph 1, of the Convention. Prohibition of the employment of young persons under 18 years of age and women in any painting work of an industrial character involving the use of white lead or sulphate of lead. With reference to its previous comments, the Committee notes the indication provided by the Government that the Labour Code (Act No. 64-290 of 1 August 1964), Chapter II, Part XV, 4th Book (health and safety, medical services), prohibits the use of white lead, sulphate of lead and leaded linseed oil in painting work in construction (section 4 D 431). The Committee recalls that the prohibition laid down in Article 3, paragraph 1, of the Convention applies to all sectors which engage in industrial painting work, and not only building work. The Committee therefore requests the Government to take the necessary measures to ensure that young persons under 18 years of age and women are not employed in any painting work of an industrial character involving the use of white lead or sulphate of lead or other products containing these pigments, in accordance with this Article of the Convention.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes the information contained in the Government’s report, which indicates that no new legislative or other measures have been taken concerning which impact on the application of the Convention.

2. The Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that with respect to underground work the States parties to Convention No. 45 should be invited to contemplate ratifying the Safety and Health in Mines Convention, 1995 (No. 176), and possibly denouncing Convention No. 45 even though the latter instrument has not been formally revised (see GB.283/LILS/WP/PRS/1/2, paragraph 13). Contrary to the old approach based on the outright prohibition of underground work for all female workers, modern standards focus on risk assessment and risk management and provide for sufficient preventive and protective measures for mineworkers, irrespective of gender, whether employed in surface or underground sites. As the Committee has noted in its 2001 General Survey on night work of women in industry in relation to Conventions Nos. 4, 41 and 89, “the question of devising measures that aim at protecting women generally because of their gender (as distinct from those aimed at protecting women’s reproductive and infant nursing roles) has always been and continues to be controversial” (paragraph 186).

3. In the light of the foregoing observations, and also considering that the present trend is no doubt to remove all gender-specific restrictions on underground work, the Committee invites the Government to give favourable consideration to the ratification of the Safety and Health in Mines Convention, 1995 (No. 176), which shifts the emphasis from a specific category of workers to the safety and health protection of all mineworkers, and possibly also to the denunciation of Convention No. 45. In this respect, the Committee recalls that according to the established practice, the Convention will be next open to denunciation during a one-year period from 30 May 2007 to 30 May 2008. The Committee requests the Government to keep the Office informed of any decision taken in this regard.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that, despite a firm promise that the provisions of the Decree of 1 March 1995 would be aligned with the conclusions of the National Seminar on Occupational Risks related to Benzene and Prevention Strategies, held in Abidjan in 1998, the Government merely states in its last report that there has been no change in the legislation. However, the Government indicates that the practice of enterprises has been aligned with the abovementioned conclusions. It also indicates that the Directorate of Occupational Medicine ensures scrupulous observance of the abovementioned conclusions in its inspections of enterprises. The Committee requests the Government to take the necessary steps in the very near future to revise the abovementioned Decree to ensure that full effect is given to the provisions of the following Articles of the Convention: Article 6, paragraph 2 (the concentration of benzene in the air of places of employment not to exceed a ceiling value of 25 parts per million (80 mg/m³, or 0.08 g/ m³)), and Article 11, paragraph 2 (prohibition on young persons under 18 years of age from being employed in work processes involving exposure to benzene or products containing benzene, except in the context of education or training).

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the very brief information provided by the Government in its report. It notes that the Government makes no reference to the measures adopted or envisaged with a view to prohibiting, in accordance with Article 3, paragraph 1, of the Convention, the employment of young persons under 18 years of age and women in any painting work of an industrial character involving the use of white lead, sulphate of lead or other products containing these pigments. It therefore once again requests the Government to indicate whether the Decree issuing regulations under section 23.1 of the Labour Code determining the nature of the work prohibited for women, pregnant women and young persons has been adopted and, if so, to provide a copy.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information provided by the Government in reply to its direct request.

It also notes the outcome of the work of the National Seminar on Occupational Risks related to Benzene and Prevention Strategies, held in Abidjan in 1998, and the respective report of the first “Legislative” Committee, which refers to the Convention and its Recommendation. It also notes the Government’s indication that, in the framework of the decrees issued under Act No. 95-15 issuing the Labour Code, the Decree of 1 March 1995 will be revised in order to bring it into conformity with the following Articles of the Convention: Article 6, paragraph 2 of the Convention (the concentration of benzene in the air of places of employment not to exceed a ceiling value of 25 parts per million (80 mg/m³, or 0.08 g per m³)); and Article 11, paragraph 2 (prohibition upon young persons under 18 years of age from being employed in work processes involving exposure to benzene or products containing benzene, except in the context of education or training).

The Committee hopes that the Government will take the necessary measures in the near future to give full effect to the Convention. It requests the Government to provide information on any progress achieved in this respect.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the very brief information provided by the Government in its report. It notes that the Government makes no reference to the measures adopted or envisaged with a view to prohibiting, in accordance with Article 3, paragraph 1, of the Convention, the employment of young persons under 18 years of age and women in any painting work of an industrial character involving the use of white lead, sulphate of lead or other products containing these pigments. It therefore once again requests the Government to indicate whether the Decree issuing regulations under section 23.1 of the Labour Code determining the nature of the work prohibited for women, pregnant women and young persons has been adopted and, if so, to provide a copy.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes that under the terms of section 110.4 of Act No. 95-15 of 12 January 1995 setting forth the Labour Code, the provisions for the application of the Act shall be determined by regulation and that the previous regulations remain in force where their provisions are in harmony with the Code. It also notes the Government’s statement in its report that the provisions of Decree Code No. 67-321 of 21 July 1967, which are in accordance with the Code, remain in force (sections 4D-280 to 4D-301; 4D-302 to 4D-318; 4D-431 and 4D-432). The Committee also notes that, by virtue of section 23.1 of the Code, the nature of the work prohibited to women, pregnant women and children shall be determined under the conditions set out by decree. The Committee recalls that Article 3, paragraph 1, of the Convention prohibits the employment of males under 18 years of age and of all females in any painting work of an industrial character involving the use of white lead or sulphate of lead or other products containing these pigments. The Committee requests the Government to indicate the measures that have been taken or are envisaged to ensure the observance of this Article of the Convention.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes that under the terms of section 110.4 of Act No. 95-15 of 12 January 1995 setting forth the Labour Code, the provisions for the application of the Act shall be determined by regulation and that the previous regulations remain in force where their provisions are in harmony with the Code. It also notes the Government’s statement in its report that the provisions of Decree Code No. 67-321 of 21 July 1967, which are in accordance with the Code, remain in force (sections 4D-280 to 4D-301; 4D-302 to 4D-318; 4D-431 and 4D-432). The Committee also notes that, by virtue of section 23.1 of the Code, the nature of the work prohibited to women, pregnant women and children shall be determined under the conditions set out by decree. The Committee recalls that Article 3, paragraph 1, of the Convention prohibits the employment of males under 18 years of age and of all females in any painting work of an industrial character involving the use of white lead or sulphate of lead or other products containing these pigments. The Committee requests the Government to indicate the measures that have been taken or are envisaged to ensure the observance of this Article of the Convention.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information provided by the Government in reply to its direct request.

It also notes with interest the outcome of the work of the National Seminar on Occupational Risks related to Benzene and Prevention Strategies, held in Abidjan in 1998, and the respective report of the first "Legislative" Committee, which refers to the Convention and its Recommendation. It also notes with interest the Government's indication that, in the framework of the decrees issued under Act No. 95-15 issuing the Labour Code, the Decree of 1 March 1995 will be revised in order to bring it into conformity with the following Articles of the Convention: Article 6, paragraph 2 of the Convention (the concentration of benzene in the air of places of employment not to exceed a ceiling value of 25 parts per million (80 mg/m3, or 0.08 g per m3)); and Article 11, paragraph 2 (prohibition upon young persons under 18 years of age from being employed in work processes involving exposure to benzene or products containing benzene, except in the context of education or training).

The Committee hopes that the Government will take the necessary measures in the near future to give full effect to the Convention. It requests the Government to provide information on any progress achieved in this respect.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that under the terms of section 110.4 of Act No. 95-15 of 12 January 1995 setting forth the Labour Code, the provisions for the application of the Act shall be determined by regulation and that the previous regulations remain in force where their provisions are in harmony with the Code. It also notes the Government's statement in its report that the provisions of Decree Code No. 67-321 of 21 July 1967, which are in accordance with the Code, remain in force (sections 4D-280 to 4D-301; 4D-302 to 4D-318; 4D-431 and 4D-432). The Committee also notes that, by virtue of section 23.1 of the Code, the nature of the work prohibited to women, pregnant women and children shall be determined under the conditions set out by decree. The Committee recalls that Article 3, paragraph 1, of the Convention prohibits the employment of males under 18 years of age and of all females in any painting work of an industrial character involving the use of white lead or sulphate of lead or other products containing these pigments. The Committee requests the Government to indicate the measures that have been taken or are envisaged to ensure the observance of this Article of the Convention.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

With reference to its observation on the Convention and its previous comments, the Committee requests the Government to provide further information on the following points.

Article 6, paragraph 2, of the Convention. The Committee notes that, by virtue of section 4 of Decree No. 95-307 of 1 March 1995, amending section 4 (2)(11) D471 "technical prevention measures" of the Labour Code, the atmosphere in premises in which work is performed that is liable to cause intoxication by benzene must not contain more than 0.80 grams of benzene per m3. The Committee recalls that, in accordance with this provision of the Convention, the concentration of benzene in the air of the places of employment shall not exceed a maximum which shall be fixed by the competent authority and shall not exceed 80mg/m3, or 0.08g per m3. The Committee requests the Government to indicate the measures which have been taken or are envisaged to ensure that this level is not exceeded.

Article 11, paragraph 2. The Committee notes that under section 4 of Decree No. 95-307, young persons under 18 years of age are considered unsuited to work that is liable to cause intoxication by benzene, unless specially authorized by a physician or unless they have received education or training under adequate technical and medical supervision. The Committee recalls that this provision of the Convention prohibits the employment of young persons under 18 years of age in work processes involving exposure to benzene or products containing benzene, except in the framework of vocational education or training, subject to adequate technical and medical supervision. The Convention does not permit other exceptions, such as the employment of young persons with special authorization by a physician. The Committee requests the Government to indicate the measures which have been taken or are envisaged to give effect to this Article of the Convention.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

With reference to its previous comments, the Committee notes with satisfaction that Decree No. 95-307 of 1 March 1995 to amend the Labour Code (regulations) gives effect to Article 1; Article 2, paragraph 1; and Article 8, paragraph 1, of the Convention.

The Committee also notes the amendments made by the same Decree to the provisions of the Labour Code (regulations) to which the Committee had referred previously with regard to the application of Article 6, paragraph 2, and Article 11, paragraph 2. The Committee is addressing a request directly to the Government in this respect.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the information provided in the Government's report which refers to Decree No. 67-321 of 21 July 1967. In comments it has been making since 1976, the Committee has noted that a number of provisions of the Convention are not applied by the legislation in force. Since 1984, the Government has referred to the text of a draft Decree which was to be adopted in order to bring Decree No. 67-321 into conformity with all provisions of the Convention. Once again, the Committee notes that the Government's latest report makes no mention of the draft Decree and merely refers to the legislation which, as the Committee has already noted, does not satisfy the full application of the Convention. The Committee trusts that the Government will shortly take the necessary measures, through adoption of the draft Decree or otherwise, to ensure that effect is given to the following Articles of the Convention:

Articles 1 and 4 of the Convention. In earlier comments, the Committee noted that section 4 D 453 of Decree No. 67-321 of 21 July 1967 prohibited the use of benzene as a solvent, but defined products containing benzene for this use in terms of the level of distillation. In its latest report, the Government indicates that the distillation curve and the composition of solvents set forth in section 4 D 453 is mandatory according to the standards made uniform by decree of the Minister of Employment and Public Service after consultation with the technical advisory committee on the safety and health of workers. The Committee must, however, once again recall that, under Article 1, the provisions of the Convention are to be applied to benzene and products the benzene content of which exceeds 1 per cent by volume, regardless of the level of distillation. The Committee once again expresses the hope that the necessary measures be taken to ensure that the prohibition of the use of benzene or products containing benzene as a solvent, established in section 4 D 453, be amended so as to strictly cover the use as a solvent of all products containing more than 1 per cent by volume of benzene.

Article 2, paragraph 1. The Government indicates that, while there are no measures in national legislation to ensure that the use of benzene or products containing benzene be replaced by harmless or less harmful substitute products whenever such products are available, this would be ensured through specific safety and health measures applicable in establishments. The Committee trusts that the Government will take the necessary measures, by means of legislation or otherwise, to ensure that this Article of the Convention is applied.

Article 6, paragraph 2. The Government has indicated in its report that ventilation or aspiration is provided in the workplace to ensure that the level of benzene vapour in the air does not exceed 80 mg/m3. The Committee would recall that this provision of the Convention calls for a maximum limit to be set by the competent authority for the level of concentration of benzene vapour in the air not to exceed 80 mg/m3. The Government is requested to take the necessary measures to ensure that this level is not surpassed.

Article 8, paragraph 1. The Committee notes from the Government's report that, in all types of activities involving exposure to benzene, workers must be provided with personal protective equipment, such as respiratory masks. The Committee would once again recall that this Article of the Convention calls for personal protective equipment to be provided for workers who may, for special reasons, be exposed to concentrations of benzene in the air of places of employment exceeding the maximum permissible level set forth in Article 6, paragraph 2, of the Convention and requests the Government to indicate the measures taken to ensure that this protective equipment is provided.

Article 11, paragraph 2. In its previous comments, the Committee noted that the recommendations to doctors annexed to Part XVII, Chapter II, Title II of the Labour Code provides that there is reason to consider young women under the age of 18 as unfit for work likely to cause benzene poisoning and the same recommendation applies to young men under 18, unless special medical authorization is given. The Committee noted from the Government's previous report that this recommendation was binding. In its latest report, the Government indicates that there is no legal provision formally prohibiting young persons under the age of 18 from work involving exposure to benzene, nor is there any provision requiring special medical authorization for persons undergoing education or training involving exposure to benzene. The Committee would recall that this Article of the Convention provides that young persons under the age of 18 shall not be employed in work processes involving exposure to benzene, with the exception of young persons undergoing education and training who are under adequate technical and medical supervision. The Government is requested to indicate the measures taken or envisaged to ensure the application of this Article of the Convention.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the Government's report which reproduces information from earlier reports but contains no reply to the Committee's previous observations.

In the comments it has been making since 1976, the Committee has noted that a number of provisions of the Convention are not applied by the legislation in force. Since 1984, the Government has referred to the text of a draft Decree which was approved by the the Health and Safety Advisory Committee and was to be adopted in order to bring Decree No. 67-321 of 21 July 1967 into conformity with all the provisions of the Convention. In its most recent report, the Government makes no mention of the draft Decree and merely refers to the legislation which, as the Committee has already noted, does not fully meet the requirements of the Convention. The Committee trusts that the Government will shortly take the necessary measures, through adoption of the draft Decree or otherwise, to ensure that effect is given to the following Articles of the Convention, and that the Government will indicate the action taken in this regard.

Articles 1 and 4 of the Convention. In earlier comments, the Committee noted that section 4 D 453 of Decree No. 67-321 of 21 July 1967 prohibited the use of benzene as a solvent, but defined products containing benzene for this use in terms of the level of distillation. The Committee recalled that, under Article 1 of the Convention, its provisions are to be applied to benzene and products the benzene content of which exceeds 1 per cent by volume. The Committee expressed the hope that the necessary measures would be taken to ensure that the prohibition of the use of benzene or products containing benzene as a solvent, established in section 4 D 453, would be amended so as to cover the use as a solvent of products containing more than 1 per cent by volume of benzene. The Government is asked to indicate the progress made in this respect.

Article 2, paragraph 1. Measures need to be taken, in accordance with this Article of the Convention, to ensure that the use of benzene or products containing benzene will be replaced by harmless or less harmful substitute products whenever such products are available.

Article 6, paragraph 2. Measures need to be taken, in accordance with this Article of the Convention, to ensure that the level of concentration of benzene vapour in the air does not exceed 80 mg/m3.

Article 8, paragraph 1. The Committee notes from the Government's report that protective equipment, notably respiratory masks, must be provided to workers involved in painting work. The Committee would recall that this Article of the Convention calls for personal protective equipment to be provided for workers who may for special reasons be exposed to concentrations of benzene in the air of places of employment exceeding the maximum permissible level set forth in Article 6, paragraph 2, of the Convention. The Government is therefore requested to indicate the measures taken to ensure that workers in all types of activities involving exposure to benzene, who may be exposed to especially high levels of benzene, are provided with personal protective equipment and to indicate the manner in which the duration of exposure in such circumstances is limited as far as possible.

Article 11, paragraph 2. The Committee notes that the recommendation to doctors annexed to Part XVII, Chapter II, Title II, of the Labour Code provides that there is reason to consider young women under the age of 18 as unfit for work likely to cause benzene poisoning. The same recommendation is made for young men under 18, unless special medical authorization is given. The Committee notes from the Government's report that this recommendation is legally binding. The Committee would recall that Article 11 of the Convention provides that young persons under the age of 18 shall not be employed in work processes involving exposure to benzene, but that this prohibition need not apply to young persons undergoing education or training who are under adequate technical and medical supervision. The Government is requested to indicate the manner in which it is ensured that special medical authorization for young men under the age of 18 is only granted to those persons who are involved in work involving exposure to benzene for reasons of education and training and only where it can be ensured that the adequate technical and medical supervision is provided.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

In comments the Committee has been making since 1976, it has noted that there are a number of provisions of the Convention which are not applied by the legislation in force. Since 1984, the Government has referred to the text of a draft decree which had been approved by the Health and Safety Advisory Committee and which was to be adopted in order to bring Decree No. 67-321 of 21 July 1967 into conformity with all provisions of the Convention. In its latest report, the Government has made no mention of this draft decree and has only referred to the legislation which, as the Committee has already noted, does not fully meet the requirements of the Convention. The Committee trusts that the Government will soon take the necessary measures through adoption of the draft decree or otherwise, to ensure that effect is given to the following Articles of the Convention, and that the Government will indicate the action taken.

Articles 1 and 4 of the Convention. In previous comments, the Committee had noted that section 4 D 453 of Decree No. 67-321 of 21 July 1967 prohibited the use of benzene as a solvent, but defined products containing benzene for this use in terms of the level of distillation. The Committee had recalled that, under Article 1 of the Convention, its provisions are to be applied to benzene and products the benzene content of which exceeds 1 per cent by volume. The Committee expressed the hope that the necessary measures would be taken to ensure that the prohibition of the use of benzene or products containing benzene as a solvent, established in section 4 D 453 would be amended so as to cover the use as a solvent of products containing more than 1 per cent by volume of benzene. The Government is requested to indicate the progress made in this regard.

Article 2, paragraph 1. Measures need to be taken, in accordance with this Article of the Convention, to ensure that the use of benzene or products containing benzene will be replaced by harmless or less harmful substitute products whenever such products are available.

Article 6, paragraph 2. Measures need to be taken, in accordance with this Article of the Convention, to ensure that the level of concentration of benzene vapour in the air does not exceed 80 mg/m3.

Article 8, paragraph 1. The Committee notes from the Government's report that protective equipment, notably respiratory masks, must be provided to workers involved in painting work. The Committee would recall that this Article of the Convention calls for personal protective equipment to be provided for workers who may for special reasons be exposed to concentrations of benzene vapour in the air of places of employment exceeding the maximum permissible level set forth in Article 6, paragraph 2, of the Convention. The Government is therefore requested to indicate the measures taken to ensure that workers in all types of activities involving exposure to benzene, who may be exposed to especially high levels of benzene vapour, are provided with personal protective equipment and to indicate the manner in which the duration of exposure in such circumstances is limited as far as possible.

Article 11, paragraph 2. The Committee notes that the recommendation to doctors annexed to Part XVII, Chapter II, Title II of the Labour Code provides that there is reason to consider young women under the age of 18 as unfit for work likely to cause benzene poisoning. The same recommendation is made for young men under 18, unless special medical authorisation is given. The Committee notes from the Government's report that this recommendation is legally binding. The Committee would recall that Article 11 of the Convention provides that young persons under the age of 18 shall not be employed in work processes involving exposure to benzene, but that this prohibition need not apply to young persons undergoing education and training who are under adequate technical and medical supervision. The Government is requested to indicate the manner in which it is ensured that special medical authorisation for young men under the age of 18 is only granted to those persons who are involved in work involving exposure to benzene for reasons of education and training and only where it can be ensured that the adequate technical and medical supervision is provided.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

In comments made for a number of years, the Committee has been referring to a draft decree to amend Decree No. 67-321 of 21 July 1967 codifying the regulatory provisions of the Labour Code concerning special occupational safety and health measures applying to establishments whose staff is exposed to benzene intoxication. The Committee notes the Government's statement in its latest report that while the draft decree amending Decree No. 67-321 of 21 July 1967 has been approved by the Health and Safety Technical Advisory Committee, it has not yet entered into force because the Labour Code and the Decree No. 67-321 are presently undergoing further revision. The Committee further notes the Government's indication that all efforts are being made for the adoption of these new texts.

The Committee hopes that, accordingly, the necessary amendments will soon be adopted to give effect to the following provisions of the Convention: Articles 1 and 4 (prohibition of the use of products the benzene content of which exceeds 1 per cent by volume); Article 2 (use of harmless or less harmful substitute products instead of benzene or products containing benzene); Article 6, paragraph 2 (fixing the maximum concentration of benzene in the air of the places of employment at a level not exceeding 80 mg/m3); Article 8, paragraph 1 (adequate means of personal protection); Article 11, paragraph 2 (employment of young people under the age of 18 years only when they are undergoing education or training and are under adequate technical and medical supervision).