Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

In order to provide a comprehensive view of the issues relating to the application of ratified occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine Conventions Nos 155 (OSH) and 187 (promotional framework for OSH) together.

The Committee notes the Government’s first reports on these Conventions.

The Committee requests the Government to provide detailed information on the application in law and in practice of Article 11(b) (prohibition, limitation or authorization of work processes, substances and agents); Article 11(f) (introduction or extension of systems to examine chemical, physical and biological agents in respect of the risk to the health of workers) of Convention No. 155, and Article 4(3)(h) (support mechanisms for progressive improvement of OSH conditions in microenterprises, SMEs and in the informal economy); Article 5(2)(e) (complementary national programmes) and Article 5(3) (publicity given to the national programme) of Convention No. 187.

Action at the national level

Article 1 of Convention 155. Scope of application. The Committee notes that while the Prime Minister’s Decree on OSH No. 22/GOV, adopted in 2019 (the OSH Decree) is of general application, the Labour Law No. 43/NA, adopted in 2013 (the Labour Law) excludes from its scope workers in certain branches of activity, including government officials, soldiers and the police. The Government indicates in its report that specific laws and regulations apply to such branches of economic activity, which will be provided in its next report. The Committee requests the Government to provide information on the measures taken or envisaged to give adequate protection to workers excluded from the application of the legislation giving effect to the Convention and provide copies of the mentioned laws and regulations providing for such protection.

Article 2(2) and (3) of Convention No. 187. Account taken of principles in ILO instruments relevant to the promotional framework for OSH. Consultations with the social partners to ratify relevant OSH Conventions. The Committee requests the Government to provide information on the manner in which the principles set out in ILO instruments relevant to the promotional framework for OSH, which appear in the annex to Promotional Framework for Occupational Safety and Health Recommendation, 2006 (No. 197), have been taken into consideration in progressively achieving a safe and healthy working environment. The Committee requests the Government to provide information on the consideration given to the ratification of relevant OSH Conventions, and on the consultations held in that respect.

A. National policy

Articles 4 and 5 of Convention No. 155 and Article 3 of Convention No. 187. Formulation, implementation and periodic review of a national policy on OSH in consultation with social partners. Spheres of Action. The Committee notes that while the Government does not have a national OSH Policy in the form of a national document, it has an OSH Decree as well as a National OSH Programme for 2022–2026. In this respect it notes, that the first priority of the National OSH Programme focuses on the development of a legal and policy framework, with one of the expected outputs being the development of a National OSH Policy. The Committee requests the Government to provide information on the progress made in the adoption of a National OSH Policy and the tripartite consultations undertaken in this respect. It requests the Government to provide a copy of the Policy once it has been adopted and indicate how the Policy takes into account the spheres of action under Article 5 of Convention No. 155. It also requests the Government to provide information on the subsequent measures taken to ensure its periodic review, at regular intervals and in consultation with the most representative workers’ and employers’ organizations concerned.

Article 5(e) of Convention No. 155. Protection of workers from disciplinary measures as a result of action properly taken to protect their safety and health. The Committee notes that section 118 of the Labour Law provides that the State shall provide for measures for the protection of employees who report malpractice or neglect related to OSH. The Committee requests the Government to indicate the specific measures taken or envisaged to guarantee that workers and their representatives are protected from disciplinary measures as a result of actions properly taken by them in relation to OSH.

Article 14 of Convention No. 155. Inclusion of questions of occupational safety and health and the working environment at all levels of education and training. The Committee notes that the national OSH Profile of 2021 included recommendations to strengthen OSH competencies through structured training for health professionals and to develop a national OSH curriculum aligned with international standards. The Committee requests the Government to provide information regarding the progress made in this respect, and more generally regarding the measures taken or envisaged to promote the inclusion of questions of OSH and the working environment at all levels of education and training, including higher technical, medical and professional education, in a manner which meets the training needs of all workers.

B. 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 in consultation with social partners. The Committee notes the legislation pertaining to OSH provided by the Government, in particular the Labour Law and the OSH Decree. The Committee observes that the National OSH Programme for 2022–2026 identifies the inadequate national regulatory framework as a key challenge and prioritizes the strengthening of the national legal framework, with a focus on reviewing the implementation of the OSH Decree. According to the Government, this evaluation will inform the development of a new OSH Law envisaged for the period 2026–2030. The Committee requests the Government to continue to provide information on the legislative measures taken to implement the Conventions and provide updated information regarding the progress made in the review of the OSH Decree and the adoption of the OSH Law as well as on the consultations held in this regard.

Article 9(1) of Convention No. 155 and Article 4(2)(c) of Convention No. 187. Mechanisms for ensuring compliance with national laws and regulations, including systems of inspection. The Committee notes that the National OSH Programme for 2022–2026 identifies inadequate enforcement capacity as a key challenge, particularly due to weak cooperation and coordination among stakeholders. It further notes that the fifth priority of the Programme aims to improve compliance with OSH laws and policies, with one of the expected outputs being the introduction of strategic compliance planning. The Committee requests the Government to provide information on the measures taken to strengthen compliance with OSH laws and policies, including in the context of implementing the National OSH Programme.

Article 11(c) and (e) of Convention No. 155 and Article 4(3)(f) of Convention No. 187. Occupational accidents and diseases. Procedures for notification, collection and analysis of data and annual publication of information. The Committee notes that according to the National OSH profile of 2021, there is no national report system and data collection in place for workplace accident, injury, and occupational disease and the report of labour inspection includes only limited information related to workplace accident and occupational disease. The Committee notes that the third priority of the National OSH Programme for 2022–2026 aims to strengthen the collection, management, and dissemination of data on occupational accidents, injuries, and diseases, with expected outputs including improved recording and notification systems and the development of national statistics. The Committee requests the Government to provide information on the application in practice of the procedure for the notification of occupational accidents and diseases, and to provide information on measures taken to collect and publish annually statistics on occupational accidents and diseases. It also requests the Government to provide the latest statistics on this subject.

C. National Programme

Article 5(1) and (2) of Convention No. 187. Formulation, implementation, monitoring, evaluation and periodic review of a national programme on OSH, in consultation with the most representative organizations of employers and workers. The Committee notes that the 3rd National OSH Programme for 2022–2026 was adopted following tripartite consultations and based on the evaluation of the implementation of the 2nd National OSH Programme. The Committee notes that the National OSH Programme for 2022–2026 will be supported by a structured monitoring and evaluation system, coordinated by a working committee comprising technical and research staff from various ministries and social partners. This system will include an annual monitoring and evaluation plan developed by the Ministry of Labour and Social Welfare in consultation with tripartite partners, with mid-term and final evaluations scheduled for 2024 and 2026 respectively. According to the Government, the methodology will combine internal and external assessments, including independent evaluations. The Committee requests the Government to provide information on any evaluation carried out of the National OSH Programme 2022–2026 in consultation with the social partners, the results of the evaluation and on how this evaluation contributes to the formulation of the National OSH Programme for the subsequent period.

Action at the level of the undertaking

Articles 13 and 19(f) of Convention No. 155. Protection of a worker from undue consequences. Removal from situations of imminent and serious danger. The Committee notes that, under section 120 of the Labour Law, workers have a duty to report situations of hazards to OSH and, according to section 118, the Government shall have measures to protect employees who inform on malpractice or neglect related to OSH. The Committee observes, however, that national legislation does not clearly set out whether workers who have removed themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health, shall be protected from undue consequences. The Committee requests the Government to provide further information on the measures taken to give full effect to Article 13 of Convention No. 155. The Committee also requests the Government to provide further information on the measures taken to ensure that an employer cannot require workers to return to a work situation where there is continuing imminent and serious danger to life or health, in accordance with Article 19(f) of Convention No. 155.

Article 16(2) of Convention No. 155. Provisions requiring employers to ensure that the chemical, physical and biological substances and agents under their control are without risk to health. The Committee notes that under section 119 of the Labour Law the employer has the obligation to assess risks to employee health and safety at least once per year and then report to the Labour Administration Agency. It also notes that the OSH Decree includes a series of provisions with regard to chemical substances, and that the Decree on Pesticide Management defines the principles, regulations and measures regarding the use of pesticides, management and monitoring of activities related to pesticides. The Committee requests the Government to provide further information on the measures taken, in accordance with Article 16(2), to require employers to ensure that, so far as is reasonably practicable, the chemical, physical and biological substances and agents under their control are without risk to health when the appropriate protection measures are taken.

Article 17 of Convention No. 155. Collaboration between two or more undertakings engaging in activities simultaneously at one workplace. The Committee notes that section 16 of the OSH Decree requires the collaboration between the main contractors and subcontractors in order to apply the same OSH standards. The Committee observes that the obligations appear to apply only where a contractor–subcontractor relationship exists, while Article 17 requires collaboration among all undertakings operating simultaneously at the same workplace, regardless of contractual ties. The Committee requests the Government to provide information on measures adopted or envisaged to ensure that whenever two or more undertakings engage in activities simultaneously at one workplace, they collaborate in applying the requirements of the Convention.

Article 19(c) and (e) of Convention No. 155. Provision of information to workers’ representatives on measures taken and consultation with their representative organizations about such measures. Enquiries by workers and their representatives, and their consultation on all aspects of OSH. The Committee notes that according to section 13 of the OSH Decree, the OSH Unit has the obligation to consult with employers to find solutions for unsafe and unhealthy workplace environment which has health impact to employees. The Committee requests the Government to indicate the measures taken or envisaged to ensure that workers’ representatives have the right to consult with their representative organizations about the information they have received on the measures taken by the employer to secure OSH, provided they do not disclose commercial secrets. The Committee requests the Government to indicate the provisions of national legislation ensuring that workers or their representatives and their representative organizations are enabled to enquire into all aspects of OSH associated with their work.

Article 19(d) of Convention No. 155 and Article 4(3)(c) of Convention No. 187. Appropriate OSH training provided to workers and workers’ representatives. The Committee observes that the OSH Decree includes several provisions that provide for OSH training of workers but there is no information on the obligation to provide training to workers’ representatives. Recalling that pursuant to Article 19(d) of the Convention, representatives of workers in the undertaking shall also be given appropriate training in OSH, the Committee requests the Government to provide information on measures taken or envisaged, including in the context of the ongoing review of the OSH Decree, to ensure that such representatives are provided with appropriate training on OSH.

Article 21 of Convention No. 155. No expenditure on OSH measures for workers. The Committee notes the Government’s indication that employers bear the expenditures for providing OSH trainings, health checkup, personal protective equipment, first aid kits, as well as safe working environment arrangements. In this respect, the Committee notes that, according to section 24 of the OSH Decree all medical expenses for physical checkup of employees should be paid by the employer. The Committee requests the Government to provide information on the legislative provisions that ensure that all OSH measures are provided at no cost for workers.

In addition, the Committee recalls the pending comments regarding the technical OSH Convention ratified: the White Lead (Painting) Convention, 1921 (No. 13), adopted in 2021. The Government will be requested to reply to this comment in accordance with the reporting cycle.