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

Gabon

Occupational Safety and Health Convention, 1981 (No. 155) (Ratification: 2015)
Occupational Health Services Convention, 1985 (No. 161) (Ratification: 2015)
Safety and Health in Construction Convention, 1988 (No. 167) (Ratification: 2015)

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), 161 (occupational health services) and 167 (OSH in construction) together.

Legislative developments. The Committee notes the adoption of Act No. 022/2021 of 19 November 2021 establishing the Labour Code in the Republic of Gabon, and of Order No. 00006/MTLCC of 19 April 2024 on the responsibilities, organization and functioning of the occupational health services.

General provisions

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

Articles 4, 7 and 8 of Convention No. 155. National policy on OSH and periodic review of the situation regarding OSH in consultation with the social partners. The Committee notes that section 236 of the Labour Code refers to a national occupational health policy. However, it observes that this policy has not yet been implemented. The Committee also notes the Government’s indication in its report that several actions were undertaken to formulate and periodically review a national policy on OSH, in collaboration with the most representative employers’ and workers’ organizations. The Committee requests the Government to take the necessary measures to formulate, implement and periodically review a coherent national policy on OSH, in consultation with the most representative employers’ and workers’ representatives. It also requests the Government to provide detailed information on the progress achieved in this regard. In the absence of relevant information on this matter, the Committee once again requests the Government to specify whether the Technical Advisory Committee on OSH is still functioning and, if so, to provide information on the manner in which it reviews the situation regarding OSH.

Article 5(d). Communication and cooperation at the national level. The Committee notes the Government’s indication that the National Occupational Health and Safety Council (CNSST) was created as a tripartite advisory body, bringing together government, employers’ and workers’ representatives. The Government indicates that the CNSST meets regularly to discuss national policies, monitor the application of standards and propose reforms. The Committee requests the Government to indicate the legislative and regulatory provisions governing the functioning and duties of the CNSST. Referring to its comments made above on the Technical Advisory Committee on OSH, the Committee requests the Government to provide information on the manner in which the CNSST and the Technical Advisory Committee on OSH interact and collaborate at the national level.

Article 5(e). Protection of workers from disciplinary measures as a result of action properly taken to protect their safety and health. The Committee notes that section 244 of the Labour Code establishes that workers and their representatives are protected against all disciplinary measures as a result of actions properly taken by them with regard to occupational safety and health. The Committee notes this information, which replies to its previous request.

Article 9(1). Adequate and appropriate system of inspection. Noting the absence of information on this matter, and referring to the comments on the application of Labour Inspection Convention, 1947 (No. 81), the Committee once again requests the Government to provide information on the training of labour inspectors in OSH and risk prevention.

Article 9(2). Adequate penalties for violations. The Committee notes that the 2021 Labour Code provides for substantially heavier penalties for violations of legal provisions on OSH than those in the previous version of the Labour Code. The Committee notes this information, which replies to its previous request.

Article 10. Guidance for employers and workers. In the absence of information in this matter, the Committee once again requests the Government to provide details on the measures taken to advise employers and workers, and on the results achieved.

Article 11(b). Determination of work processes, substances and agents to be subject to authorization or control by the competent authority. In the absence of additional information, the Committee once again requests the Government to indicate whether any measures have been taken or envisaged by the competent authority to determine the work processes, substances and agents the exposure of which is to be prohibited, limited or made subject to authorization or control by the competent authorities, in addition to the definition of hazardous substances set out in section 204 of Decree No. 01494/PR/MTEPS of 29 December 2011 establishing general hygiene rules in the workplace.

Article 11(c), (d) and (e). Occupational accidents and diseases. Notification procedures, investigations and publication of annual statistics. The Committee notes that section 240 of the Labour Code requires labour inspectors to launch an investigation based on the nature or seriousness of an occupational accident or disease. The Committee notes that, in its report on the application of Convention No. 81, the Government indicates that the General Directorate of Occupational Safety and Health is taking measures aimed at reducing the administrative complexity of notification procedures, particularly through the use of standard forms and tools; improving monitoring and evaluation systems; and conducting thorough investigations into serious cases, and implementing criminal and administrative penalties in the event of a breach of occupational safety and health obligations. Referring to the comments on the application of Convention No. 81, the Committee once again requests the Government to continue to provide information on the application in practice of the procedure for the notification of occupational accidents and diseases, and the investigation procedure. The Committee also requests the Government to take the necessary measures to ensure the collection, production and publication of annual statistical data on occupational accidents and diseases. It requests the Government to provide information on the progress achieved in this regard.

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. The Committee requests the Government to indicate the measures taken, in law and in practice, to give effect to this Article of the Convention.

Article 12. Obligations of those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. Noting the absence of information on this matter, the Committee once again requests the Government to indicate the measures taken or envisaged, in law and in practice, to set out the obligations of those who design, manufacture, provide or transfer machinery, equipment or substances for occupational use, as provided for in Article 12(a) (ensuring that the machinery, equipment or substance does not entail dangers), (b) (information and instructions) and (c) (studies and research).

Article 14. Measures to include questions of OSH at all levels of education and training.In the absence of information, the Committee once again requests the Government to specify the measures taken outside the undertaking environment to raise the entire population’s awareness of questions of OSH, including in education.

Article 15. Arrangements to ensure coordination between authorities and bodies. The Committee notes that, in accordance with section 265 of the Labour Code, labour inspectors, occupational physicians serving as occupational health and safety managers, and agents supervising social security bodies are responsible for the implementation of general OSH measures. In the absence of additional information, the Committee once again requests the Government to provide information on the measures taken or envisaged to ensure coordination between these authorities, as well as information on the consultations held with the social partners to this effect.

Article 19(b). Cooperation of workers’ representatives. The Committee notes that workers’ representatives in undertakings cooperate with employers in the field of occupational safety and health through occupational safety and health committees, provided for in section 252 of the Labour Code. The Committee notes this information, which replies to its previous request.

Article 19(c) and (d). Rights and duties of workers and their representatives.In the absence of additional information, the Committee once again requests the Government to provide information on the laws or regulations governing committees on environmental safety and health issues, as well as on the measures taken or envisaged to ensure that the rights and obligations listed in Article 19(c) and (d) of the Convention apply to representatives of workers.

Article 20. Cooperation at the level of the undertaking. The Committee previously noted that OSH cooperation between employers and workers is ensured through OSH committees. The Committee notes that, in accordance with section 252 of the Labour Code, these committees are usually formed only in undertakings with more than 50 employees, unless a labour inspector decides to impose the creation of such a committee in an undertaking with fewer staff, as provided for in section 253 of the Labour Code. In the absence of information, the Committee once again requests the Government to indicate how this collaboration is ensured in undertakings with fewer than 50 employees. It also requests the Government to indicate how frequently section 253 of the Code is invoked by the labour inspectorate, thereby requiring undertakings with less than 50 employees to create OSH committees.

2. Occupational Health Services Convention, 1985 (No. 161)

The Committee notes that, following the adoption of Act No. 022/2021 of 19 November 2021 issuing the Labour Code, and Order No. 00006/MTLCC of 19 April 2024 on the responsibilities, organization and functioning of the occupational health services, the national legislation gives effect to Articles3 (progressive development of occupational health services for all workers), 5 (functions of occupational health services), 6 (mechanisms for the implementation of the Convention, 8 (cooperation and participation of the employer, the workers and their representatives), 9(1) and (2) (multidisciplinary occupational health services; cooperation with the other services in the undertaking), and 10 (professional independence of personnel).

Article 2 of Convention No. 161.Formulation, implementation and periodic review of a coherent national policy on occupational health services. The Committee notes that, according to the Government, actions have been undertaken by the Ministry of Labour to develop a national policy on occupational health services. The Committee requests the Government to provide detailed information on the measures taken to formulate a coherent national policy on occupational health services, in consultation with the most representative employers’ and workers’ organizations. The Committee requests the Government to continue to provide information on the progress achieved in this regard.

Article 4. Consultation with the most representative employers’ and workers’ organizations. In reply to its previous request, the Committee notes the Government’s indication that extensive tripartite consultations were held with workers’ and employers’ organizations during the revision of the Labour Code. The Committee also notes that section 263 of the Labour Code provides that regulatory texts on the procedures for establishing occupational health services must be adopted by the Minister responsible for labour, further to the opinion of the Technical Advisory Committee on OSH. In this regard, the Committee requests the Government to specify whether the Technical Advisory Committee on OSH was consulted prior to the adoption of Order No. 00006/MTLCC.

Article 9(3). Cooperation and coordination between occupational health services and with other bodies concerned with the provision of health services. Further to its previous comments, the Committee notes that, in accordance with sections 19 and 62 of Order No. 00006/MTLCC, the occupational medicine service is required to submit half-yearly reports to the General Directorate of Occupational Safety and Health and the National Social Security Fund, and that occupational physicians must notify these bodies of cases of occupational diseases. The Committee notes the Government’s indication that, in several industrial areas and urban centres, occupational health services collaborate with public and private health facilities. It also notes the Government’s indication that it is working on the integration of occupational health services into the national health information system and on the development of a national integrated occupational health policy. The Committee requests the Government to continue to provide information on the measures taken or envisaged to ensure adequate cooperation and coordination between occupational health services and with other bodies concerned with the provision of health services, in accordance with Article 9(3) of the Convention. It requests the Government to provide information on the progress achieved in this regard.

Articles 14 and 15. Notification of occupational health services. In reply to its previous comments, the Committee notes the Government’s indication that occupational health services have access to data on notified occupational diseases, occupational accidents and absences for health reasons, in compliance with the rules on confidentiality and medical secrecy. The Committee notes the Government’s indication that it is working to strengthen the regulatory framework with a view to further institutionalizing requirements on information, particularly through the implementation of formalized procedures for data transmission between enterprises and occupational health services, the development of an integrated information system on occupational health, and the provision of training for employers and safety committees on the importance of transparency with regard to occupational risks. The Committee requests the Government to continue to provide information on the measures taken or envisaged to ensure that health services are informed of any known factors and any suspected factors in the working environment which may affect the workers’ health, and of ill health among workers and absence from work for health reasons. It requests the Government to provide information on any progress achieved in this regard.

Protection in specific branches of activity

Safety and Health in Construction Convention, 1988 (No. 167)

Articles 3 and 4 of Convention No. 167. Consultation of the most representative organizations of employers and workers and assessment of safety and health hazards.Referring to its above comments made under Convention No. 155 on the Technical Advisory Committee on OSH, the Committee once again requests the Government to continue to provide information on the manner in which the social partners are consulted on the measures taken to give effect to the Convention. In the absence of information on this matter, the Committee once again requests the Government to indicate the manner in which existing safety and health hazards in the construction sector are assessed at the national level in order to serve as a basis for the adoption and maintenance in force of legislation which ensures the application of the Convention.

Article 14(4). Inspection of scaffolds. The Committee notes that the Government’s report does not provide information on the provisions establishing the cases in which scaffolds must be inspected by a competent person and the times at which such inspections must be carried out. Consequently, the Committee requests the Government to indicate the measures taken in order to bring the national legislation into conformity with Article 14(4) of the Convention.

Article 16(1)(d). Training of workers operating vehicles and earth-moving or materials-handling equipment. The Committee notes the Government’s indication that it plans to adopt and strengthen laws and regulations providing for compulsory training for construction equipment operators. It also notes that the Government plans to implement mechanisms for monitoring and enforcing legislation through the following activities: (i) the requirement of specific certification prior to authorizing workers to use such equipment; (ii) the organization of regular inspections of construction sites by competent services to verify compliance with safety standards; (iii) the establishment of penalties for cases of non-compliance; (iv) the provision of training and awareness-raising; (v) the implementation of specialized training programmes for equipment operators; (vi) the requirement of employers to ensure that this training has been received prior to any assignment; and (vii) the creation of a national registry of certified equipment operators. The Committee requests the Government to continue to provide information on the measures taken or envisaged, in law and in practice, to ensure that vehicles and earth-moving or materials-handling equipment are operated by workers who have received the appropriate training. It requests the Government to provide information on any progress achieved in this regard.

Article 17(1)(c) and (d). Use of plant, machinery, equipment and hand tools, and training of workers who operate them. In the absence of information in this regard, the Committee once again requests the Government to indicate the measures taken or envisaged to give effect to the clauses of the Convention concerning the exclusive use of plant, machinery, equipment and hand tools for work for which they have been designed unless a use outside the initial design purposes has been assessed by a competent person who has concluded that such use is safe, as well as those concerning the training of workers who operate plant, machinery, equipment and hand tools.

Article 17(3). Examination and testing of pressure plant and equipment. The Committee notes the Government’s indication that the General Directorate of Occupational Safety and Health ensures that only duly qualified and approved persons or bodies are authorized to carry out inspections and test pressure plant and equipment. The Government also indicates that this Directorate conducts regular inspections on construction sites in order to ensure that pressure equipment is compliant, that the required testing has been carried out, and that the inspection reports are kept up to date. The Committee requests the Government to provide information on the measures taken to ensure that the national legislation provides for the cases in and times at which pressure plant and equipment must be examined and tested by a competent person.

Article 19(c). Excavations, shafts, earthworks, underground works and tunnels. Noting the absence of information on this matter, the Committee once again requests the Government to indicate the provisions taken or envisaged to lay down limits that keep any fumes, gases, vapours, dust or other impurities at levels which are not dangerous or injurious to health.

Article 19(d). Precautions in the event of fire, or an inrush of water or material. Notingthe absence of information in this regard, the Committee once again requests the Government to indicate the precautions taken to enable workers to reach safety in the event of an inrush of water or material in excavations, shafts, earthworks, underground works or tunnels.

Article 20. Cofferdams and caissons. In the absence of information on this matter, the Committee once again requests the Government to provide information on the manner in which laws or regulations give effect to Article 20 of the Convention.

Article 21. Work in compressed air and supervision.In the absence of a reply to its previous request, the Committee once again requests the Government to indicate the provisions covering work in compressed air, as well as the measures taken to ensure that a competent person supervises the conduct of the operations.

Article 22. Structural frames and formwork. The Committee requests the Government to indicate the measures taken to ensure that: (i) the erection of structural frames and components, formwork, falsework and shoring are carried out only under the supervision of a competent person; (ii) adequate precautions are taken to guard against danger to workers arising from any temporary state of weakness or instability of a structure; and (iii) structural frames and components, formwork, falsework and shoring are so designed, constructed and maintained that it will safely support all loads that may be imposed on it.

Article 23. Work over water. Noting the absence of information on this matter, the Committee once again requests the Government to indicate the measures taken or envisaged to ensure that there is adequate provision for preventing workers from falling into water and the rescue of workers in danger of drowning, in accordance with this Article of the Convention.

Article 24. Demolition. In the absence of information, the Committee once again requests the Government to indicate the measures taken or envisaged to ensure that appropriate precautions, methods and procedures are adopted when the demolition of any building or structure might present danger to workers or to the public.

Article 27. Explosives. Noting the absence of information on this matter, the Committee once again requests the Government to indicate the measures taken to ensure that explosives are not handled or used except by a competent person.

Article 35. Effective enforcement on the provisions of the Convention and appropriate inspection services. The Committee refers, in this regard, to its above comments regarding the application of Article 9(1) and (2) of Convention No. 155.