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

Occupational Safety and Health Convention, 1981 (No. 155) - Mali (Ratification: 2016)

The Committee notes the observations of the National Council of Employers of Mali (CNPM) on the application of Convention No. 155, communicated with the Government’s report.

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

Article 1(2) and (3) of the Convention. Exclusions. In its previous comments, the Committee noted that the protection measures provided for in the Convention apply to all branches of economic activity, with the exception of magistrates, civil servants and the armed forces, which are also excluded from the scope of application of Act No. 92-020 of 23 September 1992 issuing the Labour Code, as amended (the Labour Code). The Committee notes section 3 of Act No. 2017-020 of 12 June 2017 establishing the branch for prevention and compensation of employment injury applicable to public employees of the State and local authorities, and military personnel and partners, which provides that the principles, procedures and rules specific to occupational safety and health (OSH), and the organization and prevention measures set out in the Labour Code and ratified international Conventions, apply to persons insured under this branch. In this regard, the Committee notes the Government’s indication that all branches of economic activity fall within the scope of the Convention. The Committee notes this information which responds to its previous request.

Articles 4, 7 and 8. National OSH policy, formulated in consultation with the most representative organizations of employers and workers. Further to its previous request on the progress made towards the formulation of the national OSH policy, the Committee notes the Government’s indication that a national OSH policy document was approved at a national tripartite workshop. The Committee requests the Government to continue providing information on the progress achieved in the adoption of the national OSH policy and to provide a copy of it once adopted. It once again requests the Government to continue providing information on the manner in which the national OSH policy will be periodically reviewed and on the other measures taken to review the OSH situation at appropriate intervals.

Articles 5(c) and 19(d). Training of workers and their representatives. Further to its previous request, the Committee notes the Government’s indication that the action plan of the draft national OSH policy document takes into account the training, skills and motivation of the persons involved to ensure that adequate levels of safety and health are achieved in the following ways: (i) the recruitment and appointment of medical labour inspectors; (ii) the organization of training sessions for occupational health professionals; (iii) the organization of training workshops for inspection officers; and (iv) the development and strengthening of the OSH training programme for trainee civil servants of the National School of Administration (ENA). In addition, the Government indicates that two labour inspectors participated in training on OSH promotion in 2022 at the African Regional Labour Administration Centre (CRADAT) and that CRADAT held a mobile training session in Bamako for labour and social security inspectors on capacity-building in OSH. The Government also indicates that, as part of its 2023–24 training plan, the National Social Welfare Institute (INPS) has strengthened its workforce and the capacities of social and health workers and managers. While noting this information, the Committee once again requests the Government to provide information on the measures taken to ensure that workers, staff representatives and members of the safety and health committee and their representatives in the enterprise receive appropriate OSH training, in accordance with Article 19(d) of the Convention.

Article 5(e). Protection of workers and their representatives from disciplinary measures. The Committee previously noted that under the terms of section 282-2 of Decree No. 96-178/P-RM of June 1996 on the application of various provisions of the Labour Code (Decree No. 96-178), the members of safety and health committees benefit from the legal protection set out in section L.277 of the Labour Code for staff representatives, which requires the authorization of the labour inspector in the event of dismissal. The Committee notes that, in response to its previous request, the Government refers to section L.51 of the Labour Code, which requires legitimate grounds to justify the dismissal of any worker, and to section L.40, which sets out that the labour inspector must be informed prior to any dismissal. The Committee recalls, however, that Article 5(e) of the Convention concerns not only protection against dismissal, but against all disciplinary measures imposed as a result of actions properly taken by workers in conformity with the national OSH policy. The Committee once again requests the Government to take the necessary measures, in law and in practice, so that workers and their representatives benefit from protection against all disciplinary measures as a result of actions properly taken by them in conformity with the national policy.

Articles 6 and 19(a). Functions and responsibilities of workers. In reply to its previous request, the Committee notes the Government’s indication that the national OSH policy being developed provides that workers have the following responsibilities: (i) examine all aspects of OSH; (ii) comply with safety instructions in order to ensure their own health and safety and that of others; (iii) immediately report to their superiors any situations where they have reasonable grounds to believe that there is an imminent and serious danger to their life or health; (iv) use safety devices and protective equipment correctly; (v) report any accident or harm to health occurring during or in connection with work; (vi) actively participate in safety and health committees. In addition, the Government indicates that workers’ cooperation, in the context of their work, in meeting requirements incumbent on the employer is ensured through the establishment of a safety and health committee within the workplace. The Committee requests the Government to provide information on the specific measures taken to give effect to Articles 6 and 19(a) of the Convention, once the national OSH policy has been adopted.

Articles 9 and 15. Adequate and appropriate system of inspection. Necessary coordination between various authorities and bodies. The Committee previously noted that, under section 230 of the Social Security Code, breaches of the provisions therein are recorded by labour inspectors, who may delegate these powers to inspectors from the National Social Welfare Institute (INPS), who are duly sworn in and bound by professional secrecy. The Committee notes that, in response to its previous request, the Government refers to section 173 of the Social Security Code, which stipulates that the INPS must verify, under the supervision of the labour inspector, whether employers are complying with the safety and health measures set out in the regulations in force. The Government indicates that OSH inspections are carried out by INPS inspectors, who have greater resources than labour inspectors and are better trained in OSH preventive measures and inspections. The Government also indicates that joint OSH inspections are sometimes organized between the INPS and the labour inspection authorities, under the supervision of a labour inspector. However, the Government indicates that the relevant services act according to their assigned areas of responsibility, and generally without any synergy among them. The Committee notes the observations of the CNPM that INPS social security inspectors are solely responsible for informing and raising awareness among employers and workers about occupational risks, and that they do not conduct inspections in enterprises without being expressly directed to do so by labour inspection. The Committee requests the Government to provide further information on the delegation of powers of labour inspectors to INPS inspectors, both in law and in practice. It also requests the Government to provide detailed information on the inspections conducted by the INPS and on the joint inspections established between the INPS and the authorities responsible for labour and OSH inspection, including the number of inspections conducted and their outcomes. It requests the Government to take the necessary measures to ensure that the two services collaborate in the area of OSH inspections, and that there is an adequate and appropriate system of inspection. The Committee also refers to its comments on the Labour Inspection Convention, 1947 (No. 81).

Article 11(b) and (f). Determination of work processes and of substances and agents which are prohibited, limited or made subject to authorization or control by the competent authority. Examination of chemical, physical and biological agents. Further to its previous comment, the Committee notes the Government’s indication that the forthcoming revision of the Labour Code will allow for the inclusion of the provisions relating to Article 11(b) and (f) of the Convention into its national legislation. The Government also indicates that the national OSH policy provides for a study to be carried out on conformity of the Labour Code and the Social Security Code with the ratified international OSH Conventions, as well as for the development of drafts for their amendment accordingly. In addition, the Government indicates that, to date, no decree has been adopted under section L.171(4) of the Labour Code, which sets forth that such decrees determine measures relating to the distribution and use of substances or preparations for industrial use that present a risk to workers. The Committee requests the Government to take the necessary measures, including through the adoption of decrees under section L. 171(4) of the Labour Code and within the framework of the foreseen legislative reforms, to ensure the determination of substances and agents the exposure to which is to be prohibited, limited or made subject to authorization or control by the competent authority or authorities (Article 11(b)). The Committee also requests the Government to take the necessary measures, in law and in practice, to introduce or develop systems to examine chemical, physical and biological agents in respect of the risk to the health of workers (Article 11(f)). It also requests the Government to continue to provide information on the measures adopted in this regard.

Article 12(a), (b) and (c). Obligations of those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. In response to its previous request, the Committee notes the Government’s reference to the provisions of Decree No. 96-178 which define employers’ obligations in relation to the use of machines and materials. The Committee notes, however, that Article 12(a), (b) and (c) of the Convention refer to the obligations of those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee notes the Government’s indication that the obligations of those persons targeted in Article 12 shall be defined at a forthcoming revision of the Labour Code. The Committee therefore requests the Government to take the necessary measures, including as part of the envisaged legislative reform, to determine the obligations of those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. It also requests the Government to provide information on the measures adopted for this purpose.

Articles 13, 19(f), 16(2) and (3) and 17. Protection of workers who have removed themselves from situations presenting an imminent and serious danger. Responsibilities of employers. Collaboration between two or more undertakings engaging in activities simultaneously at one workplace. The Committee notes the Government’s indication that it will ensure that Articles 13, 19(f), 16(2) and (3) and 17 of the Convention are taken into account in the forthcoming revision of the Labour Code. The Committee requests the Government to take the necessary measures, including as part of the envisaged legislative reform, to give full effect to the above-mentioned Articles of the Convention by ensuring that national laws set out: (i) the right of all workers to remove themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health and not to be required to return to that situation while the imminent and serious danger persists (Articles 13 and 19(f)); (ii) the requirement of employers to ensure that the chemical, physical and biological substances and agents under their control are without risk to health when the appropriate protection measures are taken (Article 16(2)); (iii) the requirement of employers to provide, where necessary and in sectors other than construction and mines, adequate protective clothing and protective equipment to prevent the risk of accidents or of adverse effects to heath (Article 16(3)); and (iv) the requirement, where one or more enterprises engage simultaneously in activities at one workplace, to collaborate in applying the provisions of the Convention (Article 17). It requests the Government to provide information on the measures adopted in this respect and to transmit a copy of any relevant text, once adopted.

Article 15. Necessary coordination between various authorities and bodies. Central body. Further to its previous comment, the Committee notes the Government’s indication that, in the context of its implementation, the national OSH policy provides for the establishment of several structures, including a Higher Council for the Prevention of Occupational Risks. The Committee requests the Government to continue providing information on the progress achieved in the establishment of the different national OSH policycoordination structures, including the central coordination body and, where relevant, on their mandates and tasks.

Articles 19(b), (c) and (e) and 20. Cooperation by workers and their representatives with the employer. The Committee previously noted that collaboration by workers and their representatives with the employer is demonstrated, for example, through the review of the reports of the safety and health committees, as well as at a meeting following enterprise inspections carried out by labour inspectors to review the recommendations and advice to the employer and the safety and health committee. The Committee notes the Government’s indication that the draft national OSH policy document provides that workers must examine all aspects of occupational safety and health. The Committee once again requests the Government to provide further information on the application in practice of Articles 19(b), (c) and (e) and 20 of the Convention.

Article 21. OSH measures without any expenditure for workers. Further to its previous comment, the Committee notes that the Government refers once again to section 46 of the Labour Code, which provides for free additional examinations for workers. The Committee also notes the Government’s indication that it will take the necessary measures to ensure that all OSH measures do not entail any expenditure for workers. The Committee therefore requests the Government to specify the measures taken or envisaged to give full effect to Article 21 of the Convention.

Protocol of 2002

Articles 2(a) and 3 of the Protocol. Procedures for recording. The Committee previously noted that the establishment and periodic review of procedures for the recording of occupational accidents and occupational diseases are always undertaken in consultation with the most representative organizations of employers and workers, which are also members of the Executive Board of the INPS. The Committee notes the Government’s indication that, to date, no measure has been taken to ensure that the elements envisaged in Article 3(a)(ii), (iii) and (iv), (c) and (d) of the Protocol are included in the procedures for recording. The Government indicates, nevertheless, that measures will soon be taken. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure that the elements envisaged under Article 3(a)(ii), (iii) and (iv), (c) and (d) of the Protocol are included in the procedures for recording. In addition, the Committee once again requests the Government to provide further information on the periodic review of the procedures for the recording of occupational accidents and occupational diseasesreferred to above, and on the consultations held with the most representative organizations of employers and workers concerning the establishment and periodic review of these procedures.

Articles 2(b) and 4. Procedures for notification. In the absence of additional information on this question, the Committee reiterates its request to the Government to take the necessary measures to ensure that the procedures for notification of employment injury include the element envisaged in Article 4(a)(ii) of the Protocol. The Committee also requests the Government to provide information on the consultations that have been held with the most representative organizations of employers and workers concerning the establishment and periodic review of these procedures.

Article 6. Annual publication of statistics. The Committee previously noted that no formal system has been established for the collection, analysis and processing of statistics of occupational accidents and occupational diseases, but that statistics of occupational accidents are collected by labour inspection services based on notifications of occupational accidents made by employers and following investigations and inspections undertaken by labour inspectors. The Committee also noted that various types of information received on the subject are compiled in the annual activity report of the National Labour Directorate. In this regard, the Committee notes that the latest annual report of the National Directorate of Labour is that of 2020. The Committee notes that in response to its previous request, the Government indicates that the necessary measures will soon be taken to ensure the annual publication of statistics, compiled in such a way as to be representative of the country as a whole, concerning occupational diseases and, as appropriate, dangerous occurrences and commuting accidents, as well as the analyses thereof. The Committee also notes that the action plan of the national OSH policy provides for the establishment of a system for the collection, analysis and processing of statistical information on occupational accidents and occupational diseases, as well as the creation of OSH statistical services within the various monitoring bodies. The Committee requests the Government to provide information on the measures taken or envisaged to give full effect to Article 6 of the Protocol. It also requests the Government to provide information on the progress made in establishing the system for the collection, analysis and processing of statistical information on occupational accidents and occupational diseases. The Committee further requests the Government to publish and transmit the annual activity reports of the National Labour Directorate.

The Committee also recalls its comment pending on the White Lead (Painting) Convention, 1921 (No. 13), adopted by the Committee in 2021, to which the Government will be requested to reply in accordance with the reporting cycle.