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Occupational Safety and Health (OSH)

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Central African Republic - 2015

Themes

1 Description of national OSH regulatory framework
- 1.1 Description of OSH regulatory framework
  Summary/citation: The Central African Republic (CAR) became independent from France in 1960. The Central African Republic is a constitutional republic with a legal system based on the French civil law system. A new constitution was approved by voters in a referendum held on 5 December 2004.
  
  Politics in the Central African Republic formally take place in a framework of a semi-presidential republic. In this system, the President is the head of state, with a Prime Minister as head of the government. Executive power is exercised by the government. (Constitution, Art 21. 22)
  Legislative power is vested in both the government and National Assembly.
  The President enacts legislation and signs orders and decrees. (Constitution, Art. 22)
  The Central African people elect by direct universal suffrage their deputies who are members of the Parliament.The Central African Republic’s parliament is composed by a unique assembly which is named National Assembly. (Constitution, Art. 49)
  The National Assembly votes the law and controls the government action as it is provided by constitution.(Constitution, Art. 58)
  The power to initiate legislation vests in the president, the government and deputies.(Constitution, Art. 65)
  Justice is an independent power from legislative power and executive power.(Constitution, Art. 78)
  
  The mains regulations protecting health and safety of workers are the followings :
  - Loi n°09-004 du 29 janvier 2009 portant Code du travail de la République centrafricaine
  - Loi n°06.035 du 28 décembre 2006 portant Code de la sécurité Sociale
  - Décret n° 09-116 du 27 avril 2009 fixant les modalités d'application de la loi n° 06-035 portant Code de sécurité sociale.
  - l’arrêté n°005/MFPTSSFP/CAF/DGTEFP du 11 juillet 1994, portant institution et fonctionnement des Comités d’hygiène et de sécurité en République centrafricaine .
  
  According to the article 9 of the Central African Republic Constitution “All workers participate to determine workings conditions through their representatives.
  Laws establish mandatory assistance and protection to workers who suffer from health problems due to their working conditions.”
  
  Moreover, according to the article 9 of the Central African Republic Constitution: “The Republic guarantees all citizens the right to work in healthy environment, rest and satisfaction of their needs (…). It guarantees citizens conditions favourable to their personal development, through an efficient employment policy.
  All citizens of the country shall be equal before the law. No one may be prejudiced in his/her employment on the basis of his/her origin, gender, opinion or belief.
  Laws establish assistance and protection conditions granted to workers, especially the younger, older, disabled and those who have health problems due to their working conditions.”
  • Occupational safety and health country profile: Central African Republic
  • Loi nº 09-004 du 29 janvier 2009 portant Code du travail de la République centrafricaine.
  • Décret n° 09-116 du 27 avril 2009 fixant les modalités d'application de la loi n° 06-035 portant Code de sécurité sociale.
  • Loi n° 06.035 du 28 décembre 2006 portant Code de sécurité sociale.
  • Constitution de la République centrafricaine (Art. 9)
2 Scope, coverage and exclusions
- 2.1 Health and safety covers physical and psychological health
  Summary/citation: Labour physician inspectors develop a permanent action to protect physical and mental health in workplaces and participate in the health monitoring of workers.
  • Loi nº 09-004 du 29 janvier 2009 portant Code du travail de la République centrafricaine. (Art. 335)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2018
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
- 2.2 Definition of worker
  Summary/citation: A worker is defined as any physical person regardless of gender, race, religion or nationality who performs his/her professional activity against remuneration, under authority and direction of a physical person which is a private or public person named “employer”.
  (Labour Code, Art. 3)
  
  The Social Security Code provides another definition of worker.
  According to the Social Security Code, a worker is any physical person who performs his/her professional activity for and under the direction of one or more employers, regardless of gender, race, nationality and regardless of the form, nature or validity of the employment contract and regardless the nature and amount of his/her remuneration.
  (Art. 3, Décret n° 09-116 du 27 avril 2009 fixant les modalités d'application de la loi n° 06-035 portant Code de sécurité sociale.)
  • Décret n° 09-116 du 27 avril 2009 fixant les modalités d'application de la loi n° 06-035 portant Code de sécurité sociale. (Art. 3)
  • Loi nº 09-004 du 29 janvier 2009 portant Code du travail de la République centrafricaine. (Art. 3)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2018
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
  - 2.2.1 Coverage of particular categories of workers
    Sometimes.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2018
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
    - 2.2.1.1 Migrant workers
      Summary/citation: Migrant workers are included in the Labour Code’s definition of “worker”.
      Any physical person regardless of gender, race, religion or nationality who performs his/her professional activity against remuneration, under authority and direction of a physical person which is a private or public person named “employer”.
      (Labour Code, Art . 3)
      
      Moreover, regardless the place where has been signed the contract and regardless the residence of the parties, the employment contract signed to be performed in Central African Republic territory is in the scope of application of the Labour Code, except the cases of partial execution out of the Central African Republic for an intermittent contract under the law of another state for displaced workers when the duration does not exceed 3 months.
      (Labour Code, Art. 96)
      • Loi nº 09-004 du 29 janvier 2009 portant Code du travail de la République centrafricaine. (Art. 3, Art. 96)
      Related CEACR Comments
      • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2018
      • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
    - 2.2.1.2 Domestic workers
      Summary/citation: Domestic workers are not specifically excluded from the definition of worker which is defined as any physical person regardless of gender, race, religion or nationality who performs his/her professional activity against remuneration, under authority and direction of a physical person which is a private or public person named “employer”.
      (Labour Code, Art. 3)
      • Loi nº 09-004 du 29 janvier 2009 portant Code du travail de la République centrafricaine. (Art. 3)
      Related CEACR Comments
      • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2018
      • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
    - 2.2.1.3 Home workers
      Summary/citation: Home workers are not specifically excluded from the definition of worker which is defined as any physical person regardless of gender, race, religion or nationality who performs his/her professional activity against remuneration, under authority and direction of a physical person which is a private or public person named “employer”.
      (Labour Code, Art .3)
      • Loi nº 09-004 du 29 janvier 2009 portant Code du travail de la République centrafricaine. (Art. 3)
      Related CEACR Comments
      • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2018
      • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
    - 2.2.1.4 Self-employed persons
      Summary/citation: Self-employed persons are excluded from the Labour Code’s definition of worker.
      The Labour Code provisions are not applicable to independents workers.
      (Labour Code, Art. 2)
      • Loi nº 09-004 du 29 janvier 2009 portant Code du travail de la République centrafricaine. (Art. 2)
- 2.3 Definition of employer
  Summary/citation: An employer is any physical or moral person governed by public or private law who uses the services of one or more workers through an employment contract.
  An employment contract is a convention by which a physical person is engaged to exercise his/her professional activity against remuneration under the direction or the authority of another physical or moral, public or private, person.
  (Labour Code, Art. 3)
  
  The Social Security Code provides another definition of employer. According to the Social Security Code an employer is any physical or moral, private or public, person who uses occasionally, permanently or temporary the services of one or more workers.
  (Art. 4, Décret n° 09-116 du 27 avril 2009 fixant les modalités d'application de la loi n° 06-035 portant Code de sécurité sociale.)
  • Décret n° 09-116 du 27 avril 2009 fixant les modalités d'application de la loi n° 06-035 portant Code de sécurité sociale. (Art. 4)
  • Loi nº 09-004 du 29 janvier 2009 portant Code du travail de la République centrafricaine. (Art. 3)
  Related CEACR Comments
  • Labour Clauses (Public Contracts) Convention, 1949 (No. 94) Observation 2021
- 2.4 Exclusion of branches of economic activity
  - 2.4.1 Agriculture
    Summary/citation: Safety and health in agriculture is governed by Decree No. 008/MFPTSS/CAB/SG/DGTE/DESTRE of 26 June 1986.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2018
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
  - 2.4.2 Construction
    Summary/citation: The Labour Code governs professional relations between workers and employers resulting from an employment contract signed to be performed in the Central African Republic territory.
    Remarks / comments: OSH legislation is applicable to the Construction’s branch.
    • Loi nº 09-004 du 29 janvier 2009 portant Code du travail de la République centrafricaine. (Art. 1)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2018
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
    • Safety Provisions (Building) Convention, 1937 (No. 62) Observation 2015
    • Safety Provisions (Building) Convention, 1937 (No. 62) Direct Request 2018
  - 2.4.3 Services
    Summary/citation: Services are included.
    The Labour Code governs professional relations between workers and employers resulting from an employment contract signed to be performed in the Central African Republic territory.
    • Loi nº 09-004 du 29 janvier 2009 portant Code du travail de la République centrafricaine. (Art. 1)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2018
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
  - 2.4.4 Public sector
    Summary/citation: The provisions of the Labour Code do not apply to civil servants.
    (Labour Code, Art. 2)
    Labour Code does not apply to magistrates, civil servants, military personnel, the republic guard (Garde Republicaine).
    (Labour Code, Art. 2)
    
    Restrictions / obligations: The Labour Code governs also relations of staff from sate enterprises, mixed economy enterprises and public offices.
    (Labour Code, Art. 1)
    • Loi nº 09-004 du 29 janvier 2009 portant Code du travail de la République centrafricaine. (Art. 1, Art. 2)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2018
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
    • Labour Clauses (Public Contracts) Convention, 1949 (No. 94) Observation 2021
  - 2.4.5 Other
    No data available.
- 2.5 Definition of occupational accident
  Summary/citation: An occupational accident is considered, whatever the cause is, as an accident occurred due to work or in the course of work to a worker engaged by one or more employers.
  
  The accident occurred to a worker is considered as an occupational accident during the round trip between :
  - the worker’s main residence, his/her secondary residence or another place where the workers are used to go for family reasons and the workplace.
  - the workplace, the restaurant or the cafeteria and in general the place where the worker usually takes his/her meals or the place where the worker receives his/her remuneration and during travels authorized by the employer and displacements linked to this mission. Insofar the course has not been interrupted or diverted due to a personal interest or non-job-related reason.
  
  • Décret n° 09-116 du 27 avril 2009 fixant les modalités d'application de la loi n° 06-035 portant Code de sécurité sociale. (Art. 79)
  • Loi n° 06.035 du 28 décembre 2006 portant Code de sécurité sociale. (Art. 3)
- 2.6 Definition of occupational disease
  Summary/citation: A disease caused by a slow, lasting and repeated action in the exercise of a profession is considered as an occupational disease.
  It is the consequence of working conditions and harmful agents to which the worker has been exposed in the exercise of his/her profession.
  (Art. 80, Décret n° 09-116 du 27 avril 2009 fixant les modalités d'application de la loi n° 06-035 portant Code de sécurité sociale)
  
  An occupational disease is any disease caused by working conditions and harmful agents that the victim has been exposed to in the exercise of his/her profession.
  (Art. 3, Loi n°06.035 du 28 décembre 2006 portant Code de la sécurité Sociale)
  • Décret n° 09-116 du 27 avril 2009 fixant les modalités d'application de la loi n° 06-035 portant Code de sécurité sociale. (Art. 80)
  • Loi n° 06.035 du 28 décembre 2006 portant Code de sécurité sociale. (Art. 3)
  - 2.6.1 List of occupational diseases
    Summary/citation: The occupational diseases, acute or chronic intoxications presented by workers exposed on a regular basis to the action of harmful agents are listed in the table which provides an indicative list of major works involving handling or use of these agents shall be determined by a joint order of the Minister of Social Security and the Ministry of Public Health.
    (Art. 81, Décret n° 09-116 du 27 avril 2009 fixant les modalités d'application de la loi n° 06-035 portant Code de sécurité sociale.)
    
    The tables which list microbial infections which are presumed to have an occupational cause when the victims were used to perform the jobs enumerated indicated in those tables.
    Some tables define the diseases presumed to be caused by the atmosphere or by tasks which workers were assigned.
    Others tables list microbial or parasitic infections which can be contracted in the course of work in some areas recognized as infected and limited by a joint ministerial order.
    (Art. 82, Décret n° 09-116 du 27 avril 2009 fixant les modalités d'application de la loi n° 06-035 portant Code de sécurité sociale.)
    
    The tables can be modified by another order.
    From the date on which the workers ceases to be exposed to harmful agents enumerated in the tables, the national social security fund covers diseases which correspond to these tables only during the time limit indicated in the table.
    (Art. 83, Décret n° 09-116 du 27 avril 2009 fixant les modalités d'application de la loi n° 06-035 portant Code de sécurité sociale)
    • Décret n° 09-116 du 27 avril 2009 fixant les modalités d'application de la loi n° 06-035 portant Code de sécurité sociale. (Art. 81, Art. 82 and Art. 83)
  - 2.6.2 Mechanism for compensating other diseases as occupational ones
    Summary/citation: A disease which is not on the list of occupational diseases is presumed to be occupational when it is established that the latter is essentially and directly caused by the usual job of the victim.
    In this case, a notice from a Committee composed by the National Social Security Fund's medical advisor, the victim’s family physician and an expert doctor designated by the Minister in charge of Public Health is compulsory.
    (Art. 84, Décret n° 09-116 du 27 avril 2009 fixant les modalités d'application de la loi n° 06-035 portant Code de sécurité sociale.
    
    The technical committee of the National Social Security Fund takes a decision on the occupational nature of the accident/disease in the time limit of 30 days as from the notification of an occupational accident and 90 days as from the notification of occupational diseases.
    (Art. 96, Décret n° 09-116 du 27 avril 2009 fixant les modalités d'application de la loi n° 06-035 portant Code de sécurité sociale.)
    
    In case of lack of decision of the Committee in the time limits and subject to a complementary investigation, the occupational nature of the accident or disease is established.
    (Art. 97, Décret n° 09-116 du 27 avril 2009 fixant les modalités d'application de la loi n° 06-035 portant Code de sécurité sociale. )
    • Décret n° 09-116 du 27 avril 2009 fixant les modalités d'application de la loi n° 06-035 portant Code de sécurité sociale. (Art. 84, Art. 96 and Art. 97)
3 Institutions and programmes relating to OSH administration and/or enforcement
- 3.1 Competent national authority for safety and health at work
  Yes.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2018
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
  - 3.1.1 Objectives, roles and/or functions
    Summary/citation: The Minister of Labour is in charge of all the relevant questions about working conditions, occupational medicine and social security.
    (Labour Code, Art. 317)
    
    The Labour and Social Laws Inspectorate is in charge of complying with provisions concerning working conditions and workers protection at work.
    (Labour Code, Art. 318)
    
    Physicians labour inspectors develop a permanent action to protect physical and mental health in workplaces and participate to the health monitoring of workers. This action concerns in particular organization and operation of occupational medical services.
    Physician labour inspectors act in conjunction with labour and social laws inspectors and cooperate with them on the implementation of regulations.
    (Labour Code, Art. 335)
    
    The National Permanent Council of Labour is in charge of delivering opinions on issues, improvement, material and moral conditions of workers, social security, health and safety at work.
    (Labour Code, Art. 338)
    (Article 2 du Décret n°07.177 du 18 juin 2007 portant organisation et fonctionnement du Conseil national permanent du travail)
    Restrictions / obligations: The definition provided by the article 338 of the Labour Code is enough large to include occupational health and safety issues
    • Loi nº 09-004 du 29 janvier 2009 portant Code du travail de la République centrafricaine. (Art. 317, Art. 318, Art. 335 and Art. 338)
    • Décret n° 07.177 du 18 juin 2007 portant organisation et fonctionnement du Conseil national permanent du Travail. (Art. 2)
  - 3.1.2 Chairperson and composition
    Summary/citation: The National Permanent Labour Council is set up under the auspices of the Minister of Labour. Its composition is tripartite. It brings together representatives of governments, employers and workers.
    (Labour Code, Art. 337)
    
    It is composed as follows:
    - 8 representatives from employers’ organizations with five representatives of the State as employers
    - 8 representatives of the most representative trade unions of workers
    - experts on social issues appointed by decree of the Minister in charge of Labour.
    (Article 4 du Décret n°07.177 du 18 juin 2007 portant organisation et fonctionnement du Conseil national permanent du travail)
    
    The Labour Inspectorate is composed of labour and social laws inspectors and labour controllers. The latter have the task of assisting labour and social laws inspectors.
    (Labour Code, Art. 326)
    • Loi nº 09-004 du 29 janvier 2009 portant Code du travail de la République centrafricaine. (Art. 337 and Art. 326)
    • Décret n° 07.177 du 18 juin 2007 portant organisation et fonctionnement du Conseil national permanent du Travail. (Art. 4)
- 3.2 National OSH research programme or institute
  Summary/citation: The National Social Security Fund develops and implements programs to prevent occupational accidents and occupational diseases approved by the Board of Directors.
  (Art. 128, Décret n° 09-116 du 27 avril 2009 fixant les modalités d'application de la loi n° 06-035 portant Code de sécurité sociale)
  
  The occupational risk prevention is a set of measures to protect workers against the risks in the workplace.
  (Art. 127, Décret n° 09-116 du 27 avril 2009 fixant les modalités d'application de la loi n° 06-035 portant Code de sécurité sociale)
  
  Investigations and preventive actions are performed by specialised engineers and sworn prevention officers of the National Social Security Fund.
  (Art. 131, Décret n° 09-116 du 27 avril 2009 fixant les modalités d'application de la loi n° 06-035 portant Code de sécurité sociale)
  • Décret n° 09-116 du 27 avril 2009 fixant les modalités d'application de la loi n° 06-035 portant Code de sécurité sociale. (Art. 128, Art. 127 and Art. 131)
  - 3.2.1 Objectives, roles and/or functions
    Summary/citation: The National Social Security Fund supports all initiatives to inform and raise awareness of workers and employers on workplace risks.
    It shall:
    - ensure compliance by employers with legal and regulatory requirements which aim to protect health and safety at work;
    - invite employers to take any preventive measures against occupational hazards;
    - request the intervention of Labour Inspectorate or any other competent authority to enforce preventive measures as well as those provided by laws and regulations;
    - adopt general prevention provisions applicable to all employers engaged in the same activity or using same tools and processes;
    - collect from enterprises all data to establish statistics of occupational accidents and diseases, taking into account their causes and circumstances and their frequency and the extent of incapacities and the cost of health care;
    - make contribution rates increase for any employer who does not comply with preventive measures.
    (Art. 130, Décret n° 09-116 du 27 avril 2009 fixant les modalités d'application de la loi n° 06-035 portant Code de sécurité sociale)
    
    The National Social Security Fund might provide grants or advances to some employers to :
    - reward any initiative for prevention, hygiene, safety and health at the workplace;
    - study, facilitate the achievement of organizations for a better protection of workers;
    - create and develop institutions, works or services whose aim is to simulate and improve methods of prevention, rehabilitation and health and safety conditions and more generally the health and social welfare.
    (Art. 133, Décret n° 09-116 du 27 avril 2009 fixant les modalités d'application de la loi n° 06-035 portant Code de sécurité sociale)
    
    In case of non-compliance with prevention regulations or non-registration of hazardous products for workers’ health, the National Social Security Authority has the power to ask to the court the provisional closure of the enterprise.
    (Art. 132, Décret n° 09-116 du 27 avril 2009 fixant les modalités d'application de la loi n° 06-035 portant Code de sécurité sociale)
    • Décret n° 09-116 du 27 avril 2009 fixant les modalités d'application de la loi n° 06-035 portant Code de sécurité sociale. (Art. 130, Art. 132 and Art. 133)
  - 3.2.2 Governance board constitution and chairmanship
    No data available.
  - 3.2.3 Source of funding
    Summary / Citation: Prevention activities are financed by a fund for prevention whose terms of establishment and use are defined by the Board of Directors of the National Social Security Fund.
    The annual budget of the fund for prevention is equal to at least 10% of the expenses of the occupational risks branch.
    • Décret n° 09-116 du 27 avril 2009 fixant les modalités d'application de la loi n° 06-035 portant Code de sécurité sociale. (Art. 134 and Art. 135)
- 3.3 National OSH programme
  Sometimes.
  - 3.3.1 Consultation on the national OSH programme
    Summary/citation: The National Social Security Fund develops and implements programs to prevent occupational accidents and occupational diseases approved by the Board of Directors.
    
    • Décret n° 09-116 du 27 avril 2009 fixant les modalités d'application de la loi n° 06-035 portant Code de sécurité sociale. (Art. 128)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2018
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
4 Employers’ duties and responsibilities to protect the safety and health of workers and others
- 4.1 Duty to ensure the health and safety of employees
  Summary/citation: The employer shall take necessary measures to ensure conditions of health and safety at work according to applicable provisions.
  (Labour Code, Art. 127)
  
  Any head of company is required to take necessary steps to ensure hygiene and safety conditions for workers. For this purpose, he/she is supported by the Health and Safety Committee.
  (Labour Code, Art. 298)
  
  Concerning the contract of apprenticeship, individuals with contagious or mental diseases shall not have trainees.
  (Labour Code, Art. 168)
  
  Moreover, the trainee’s supervisor shall ensure the best living conditions, food, hygiene and safety conditions for him/her.
  (Labour Code, Art. 171)
  
  The trainee’s supervisor shall not employ the trainee to a work that exceeds his/her physical capabilities.
  (Labour Code, Art. 170)
  • Loi nº 09-004 du 29 janvier 2009 portant Code du travail de la République centrafricaine. (Art. 127, Art. 298, Art. 168, Art. 171 and Art. 170)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2018
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
- 4.2 Duty to protect the health and safety of people other than their own employees
  No data available.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2018
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
- 4.3 Collaboration among two or more employers at the same workplace
  Summary/citation: Construction sites bringing together several enterprises shall create an inter-enterprise health and safety committee.
  
  • Loi nº 09-004 du 29 janvier 2009 portant Code du travail de la République centrafricaine. (Art. 82)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2018
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
- 4.4 Surveillance of workers’ health in relation to work
  Summary / Citation: Every worker shall undergo medical examination if the employment contract is signed for a period of at least 3 months and if an effective change of residence is imposed.
  (Labour Code, Art. 120)
  
  A periodic medical examination is compulsory in every agriculture or forestry enterprise which employs more than 100 workers.
  (Labour Code, Art. 309)
  
  The employer reports to public bodies the employment of a worker. This statement shall include a medical certificate of the worker.
  (Labour Code, Art. 332)
  • Loi nº 09-004 du 29 janvier 2009 portant Code du travail de la République centrafricaine. (Art. 120, Art. 309 and Art. 332)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2018
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
  - 4.4.1 Specific hazards for which surveillance is required
    No data available.
- 4.5 Surveillance of the working environment and working practices
  No data available.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2018
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
- 4.6 Duty to provide personal protective equipment
  No data available.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2018
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
  • Safety Provisions (Building) Convention, 1937 (No. 62) Observation 2015
  • Safety Provisions (Building) Convention, 1937 (No. 62) Direct Request 2018
  • Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Observation 2015
  • Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Direct Request 2018
- 4.7 Duty to ensure the usage of personal protective equipment
  Sometimes.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2018
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
- 4.8 Duty to provide first-aid and welfare facilities
  Sometimes.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2018
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
  - 4.8.1 Arrangements for first-aid
    Summary / Citation: In case of illness of a worker or one of his/her family member living with him/her at the company’s expense, the employer is required to provide for free appropriate care.
    The employer is also required to provide for free food for every sick worker hospitalized in the enterprise or inter-enterprise medical unit.
    (Labour Code, Art. 310)
    
    The employer shall evacuate to the nearest medical unit wounded and transportable patients who cannot be treated by means at its disposal.
    If the employer does not have immediate appropriate means, he/she shall report the emergency to the nearest local authorities which shall evacuate the worker(s). All costs incurred shall be reimbursed by the employer.
    (Labour Code, Art. 311)
    
    The employer shall upon the occurrence of an occupational accident :
    - provide first aid to the victim;
    - notify the enterprise’s doctor or failing that, the nearest doctor;
    - take the victim to the nearest Medical Centre.
    (Art. 87, Décret n° 09-116 du 27 avril 2009 fixant les modalités d'application de la loi n° 06-035 portant Code de sécurité sociale)
    
    A joint order of the Minister in charge of Labour and the Minister in charge of Public Health, adopted after consulting the National Permanent Council of Labour, sets the conditions under which employers are required to settle and supply the stock of medicines and accessories either in an infirmary, a care room or a first aid kit.
    (Labour Code, Art. 312)
    • Décret n° 09-116 du 27 avril 2009 fixant les modalités d'application de la loi n° 06-035 portant Code de sécurité sociale. (Art. 87)
    • Loi nº 09-004 du 29 janvier 2009 portant Code du travail de la République centrafricaine. (Art. 310, Art. 311 and Art. 312)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2018
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
  - 4.8.2 Sanitary installations
    Summary / Citation: A joint order of the Minister in charge of Labour and the Minister in charge of Public Health, adopted after consulting the National Permanent Council of Labour, sets the conditions under which employers are required to settle and supply the stock of medicines and accessories either in an infirmary, a care room or a first aid kit.
    
    • Loi nº 09-004 du 29 janvier 2009 portant Code du travail de la République centrafricaine. (Art. 312)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2018
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
    • Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Observation 2015
    • Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Direct Request 2018
  - 4.8.3 Drinking water
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2018
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
    • Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Observation 2015
    • Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Direct Request 2018
  - 4.8.4 Rest and eating areas
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2018
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
5 Employers’ duty to organize prevention formally along generally accepted OSH management principles and practices
- 5.1 Elements of an OSH management system
  - 5.1.1 Policy or plan specifying responsibilities and arrangements for health and safety
    Summary/citation: Prevention and compensation of occupational accidents and occupational diseases are provided in a special law.
    (Labour Code, Art. 304)
    
    When the occupational accident results from the misconduct of the employer or his/her representative, the contributions of the occupational risks branch are increased by 20%. The Social Security Fund has a five-year period to claim the penalty if the accident has not been reported.
    (Art. 222, Décret n° 09-116 du 27 avril 2009 fixant les modalités d'application de la loi n° 06-035 portant Code de sécurité sociale.)
    
    When the accident is due to the fault of a third party, the victim or his/her right holders retain against the author of the accident the right to seek compensation for the suffered harm.
    (Art. 224, Décret n° 09-116 du 27 avril 2009 fixant les modalités d'application de la loi n° 06-035 portant Code de sécurité sociale)
    • Décret n° 09-116 du 27 avril 2009 fixant les modalités d'application de la loi n° 06-035 portant Code de sécurité sociale. (Art. 222 and Art. 224)
    • Loi nº 09-004 du 29 janvier 2009 portant Code du travail de la République centrafricaine. (Art. 304)
  - 5.1.2 Appointment of a person for health and safety
    No data available.
  - 5.1.3 Written risk assessment
    Summary/citation: The internal rule of the company is a document established by the manager which shall be communicated to the workers’ delegates. It sets in particular requirements concerning hygiene and safety necessary for the smooth functioning of the enterprise.
    
    • Loi nº 09-004 du 29 janvier 2009 portant Code du travail de la République centrafricaine. (Art. 129 and Art. 3)
  - 5.1.4 Safe operating work systems and procedures
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2018
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
  - 5.1.5 Training and information on risks
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2018
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
  - 5.1.6 Review or assessment of the results of preventive measures
    No data available.
  - 5.1.7 Consultation with workers in health and safety
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2018
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
- 5.2 Obligation to implement a specific OSH management system or standard
  No data available.
6 Employers’ duty to ensure availability of expertise and competence in health and safety
- 6.1 OSH competence
  Sometimes.
  - 6.1.1 Requirement to access expert advice and/or support in health and safety
    Summary / Citation: Companies shall establish an inter-enterprise Medical Service or create dispensaries or infirmaries common to a group of enterprises under conditions established by a joint order of the Minister in charge of Labour and the Minister in charge of Public Health after consultation with the Permanent National Council of Labour.
    (Labour Code, Art. 311)
    
    Any enterprise or establishment of any sort, public or private, secular or religious, civil or military, including those related to liberal professions and associations or trade unions shall provide a medical service for the benefit of workers and their families.
    However, every enterprise is still required to have an infirmary with a separate room for emergencies.
    (Labour Code, Art. 305)
    
    Implementing rules are determined by a joint order of the Minister of Labour and Minister of Public Health, issued after consultation with the Permanent National Labour Council.
    (Labour Code, Art. 306)
    
    The company doctors shall be approved by a joint decision of the Minister in charge of Public Health and the Minister in charge of Labour, and after consultation with the National Council of the College of Physician doctors, pharmacists and dentist-surgeons)
    (Labour Code, Art. 307)
    
    Enterprises employing less than 30 workers which are near a medical centre can use its services, according to a joint order of the Minister in charge of Labour and the Minister in charge of Public Health issued after consultation with the Permanent National Council of Labour.
    (Labour Code, Art. 308)
    • Loi nº 09-004 du 29 janvier 2009 portant Code du travail de la République centrafricaine. (Art. 311, Art. 305, Art. 306, Art. 307 and Art. 308)
    - 6.1.1.1 Qualifications of experts or professional services
      No data available.
- 6.2 Appointment of an OSH practitioner
  No data available.
  - 6.2.1 Workforce size threshold for the appointment of OSH practitioners
    No data available.
7 Workers' rights and duties
- 7.1 Duty to take reasonable steps to protect their own safety and health
  No data available.
- 7.2 Duty to take reasonable steps to protect the safety and health of others
  No data available.
- 7.3 Supervisors’ duty to take reasonable steps to protect the safety and health of others
  No data available.
- 7.4 Senior officers’ duty to take reasonable steps to protect the safety and health of others
  No data available.
- 7.5 Self-employed persons’ duty to take reasonable steps to protect their own and other people’s health and safety
  No data available.
- 7.6 Duty to comply with OSH-related requirements
  Summary / Citation: The worker shall comply with the employer’s instructions concerning working conditions and health and safety measures.
  
  • Loi nº 09-004 du 29 janvier 2009 portant Code du travail de la République centrafricaine. (Art. 127)
- 7.7 Right to enquire about risks and preventive measures
  Summary / Citation: The probation period has also the objective for the worker to assess the general working conditions and health and safety conditions in the enterprise.
  (Labour Code, Art. 121)
  
  Notwithstanding the provisions of the article 63 of the Labour Code, workers have the right to submit their own complaints and suggestions to the employer.
  (Labour Code, Art. 64).
  
  The article 63 of the Labour Code provides the right of workers’ delegates to ensure implementation of hygiene requirements relating to safety of workers and to propose any useful measures and to present employers all individual or collective complaints about working conditions and protection of workers.
  • Loi nº 09-004 du 29 janvier 2009 portant Code du travail de la République centrafricaine. (Art. 121, Art. 64 and Art. 63)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2018
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
- 7.8 Right to remove themselves from a dangerous situation
  No data available.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2018
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
- 7.9 Right to be reassigned to non-hazard work
  No data available.
  - 7.9.1 Right to withdraw with compensation when workers are not reassigned to non-hazard work
    No data available.
8 Consultation, collaboration and co-operation with workers and their representatives
- 8.1 National OSH committee, commission, council or similar body
  Sometimes.
  - 8.1.1 Objectives, roles and/or functions
    Summary / Citation: Some regional councils concerning occupational risks prevention might be established by a joint order of the Minister in charge of Labour and the Minister of Health under the regional administrative authorities.
    
    • Loi nº 09-004 du 29 janvier 2009 portant Code du travail de la République centrafricaine. (Art. 299)
  - 8.1.2 Constitution and chairmanship modalities
    No data available.
- 8.2 Employers’ duty to consult workers on risks
  No data available.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2018
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
- 8.3 Workers’ right to select their representatives for health and safety matters
  Summary / Citation: In every enterprise or establishment when a health and safety committee do not exist, the workers’ delegates are in charge of hygiene and safety.
  • Loi nº 09-004 du 29 janvier 2009 portant Code du travail de la République centrafricaine. (Art. 84)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2018
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
  - 8.3.1 Workforce size conditions for workers’ representation in health and safety
    Summary / Citation: Workers’ delegates shall be elected in all establishments where at least 11 workers are appointed, according to the provisions of the Labour Code.
    (Labour Code, Art. 58)
    
    In this case, the workforce is comprised of persons who work on a regular basis in the establishment. Apprentices, workers in probation period, workers engaged or paid by hour or by day but stable enough to achieve, over a year, 6 months of work in the service of the company are included in the workforce.
    (Labour Code, Art. 59)
    • Loi nº 09-004 du 29 janvier 2009 portant Code du travail de la République centrafricaine. (Art. 58 and Art. 59)
  - 8.3.2 Conditions of eligibility to represent workers in health and safety
    Summary / Citation: Workers’ delegates are elected for 2 years and they might be re-elected.
    (Labour Code, Art. 58)
    
    Any workers’ delegate might be ceased during the terms of his/her office by a secret ballot by the majority of his/her own electoral college.
    (Labour Code, Art. 66)
    • Loi nº 09-004 du 29 janvier 2009 portant Code du travail de la République centrafricaine. (Art. 58 and Art. 66)
- 8.4 OSH representatives’ functions, rights and powers
  Yes.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2018
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
  - 8.4.1 Right to inspect the workplace
    No data available.
  - 8.4.2 Right to access OSH information
    Summary / Citation: An order issued by the Council of Ministers after consultation with the Permanent National Council of Labour sets the information that shall be provided by the employer regarding the enterprise to workers’ delegates.
    • Loi nº 09-004 du 29 janvier 2009 portant Code du travail de la République centrafricaine. (Art. 67)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2018
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
  - 8.4.3 Right to be present at interviews
    No data available.
  - 8.4.4 Right to receive professional assistance from OSH experts
    No data available.
  - 8.4.5 Right to accompany inspectors
    Summary / Citation: Labour and social laws inspectors might be accompanied by workers’ delegates.
    • Loi nº 09-004 du 29 janvier 2009 portant Code du travail de la République centrafricaine. (Art. 324)
  - 8.4.6 Right to use facilities
    Summary / Citation: An order issued by the Council of Ministers after consultation with the Permanent National Council of Labour, sets the resources that shall be made available to workers’ delegates.
    • Loi nº 09-004 du 29 janvier 2009 portant Code du travail de la République centrafricaine. (Art. 67)
  - 8.4.7 Right to have time off work with pay to perform duties
    Summary / Citation: Workers’ delegates get a credit of fifteen hours per month paid full time to perform their duties. In case of exceptional circumstances, the credit might be waived (according to the size of the establishment or geographical dispersion of staff) by an order of the Minister of Labour after consultation with the Permanent National Labour Council.
    • Loi nº 09-004 du 29 janvier 2009 portant Code du travail de la République centrafricaine. (Art. 65)
  - 8.4.8 Right to issue remedial notices
    No data available.
  - 8.4.9 Right to resolve OSH issues in consultation with employers
    Summary / Citation: An order issued by the Council of Ministers after consultation with the Permanent National Council of Labour sets conditions in which workers’ delegates meet the employer.
    (Labour Code, Art. 67)
    
    The employer shall inform workers’ delegates before bringing into force the rules of the company.
    (Labour Code, Art. 129)
    The internal rule of the company contains provisions concerning health and safety necessary for the smooth running of the enterprise.
    • Loi nº 09-004 du 29 janvier 2009 portant Code du travail de la République centrafricaine. (Art. 67 and Art. 129)
  - 8.4.10 Right to direct that dangerous work cease
    No data available.
- 8.5 Right of workers’ representatives from outside the undertaking to address OSH issues at the workplace
  No data available.
  - 8.5.1 Right to enter the workplace
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2018
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
  - 8.5.2 Right to investigate suspected non-compliance with OSH legislation
    No data available.
  - 8.5.3 Right to consult with workers
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2018
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
  - 8.5.4 Right to advise workers
    No data available.
  - 8.5.5 Right to initiate enforcement action
    No data available.
- 8.6 Joint OSH Committee
  Sometimes.
  - 8.6.1 Participation of workers’ representatives in joint OSH committee
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2018
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
  - 8.6.2 Conditions for establishing a joint OSH committee
    Summary / Citation: Concerning safety and health committees, they shall be established in any company or institution which employs at least 30 workers including temporary or casual workers.
    Enterprises with less than 30 employees might establish a committee on health, safety and working conditions issues.
    Construction sites bringing together several enterprises shall create an inter-enterprise health and safety committee.
    (Labour Code, Art. 82)
    
    Depending on the nature of work and particular risks to which workers are exposed, the labour and social laws inspector may impose within 15 days, the establishment of a safety and health committee in an undertaking, an enterprise or a construction site even if there are less than 30 workers appointed.
    This decision may be subject to an administrative review.
    (Labour Code, Art. 83).
    
    Concerning the safety, health and working conditions committee, staff elects its repressentatives. These representatives shall have skills and technical knowledge on health and safety.
    (Labour Code, Art. 85).
    
    Their term of office is three years which is renewable.
    (Labour Code, Art. 86)
    
    A decision of the Minister in charge of Labour issued after consultation with the Permanent National Council of Labour determines the composition, internal functioning and powers of health and safety committees.
    (Labour Code, Art. 88).
    • Loi nº 09-004 du 29 janvier 2009 portant Code du travail de la République centrafricaine. (Art. 82, Art. 83, Art. 85, Art. 86 and Art. 88)
  - 8.6.3 Objectives, roles and/or functions of joint OSH committees
    Summary / Citation: A decision of the Minister in charge of Labour issued after consultation with the Permanent National Council of Labour determines the composition, internal functioning and powers of health and safety committees.
    (Labour Code, Art. 88).
    
    Safety and health committees have the mission to inspect establishments and to ensure implementation of health and safety regulations.
    (Labour Code, Art. 87).
    • Loi nº 09-004 du 29 janvier 2009 portant Code du travail de la République centrafricaine. (Art. 88 and Art. 87)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2018
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
  - 8.6.4 Keeping record of the work of joint OSH committees
    No data available.
  - 8.6.5 Sharing the minutes of joint OSH committees meetings
    No data available.
- 8.7 Mandatory training for members of joint OSH committee(s)
  No data available.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2018
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
- 8.8 Protection against reprisals
  Summary / Citation: Any dismissal of a workers’ delegate contemplated by the employer or his/her representative shall be subject to the prior authorization of the labour and social laws inspector.
  However, in case of serious misconduct, the employer might immediately suspend the worker pending the final decision of the labour and social laws inspector. If the dismissal is refused, the suspension shall be cancelled and its effects shall be automatically abolished.
  The labour and social laws inspector has a period of 30 days to issue his/her decision.
  In case of failure to comply these procedural requirements, the dismissal is null and void.
  (Labour Code, Art. 89 and 90).
  
  In case of refusal of the worker's reintegration following the rejection of the authorization, the employer shall pay to the workers’ delegate, in addition to salaries which have been discontinued, damages proportional to the length of service in the enterprise and depending on the seriousness of the obstruction.
  (Labour Code, Art. 91).
  
  The decision of the labour and social legislation inspector may be subject to an administrative review or to an appeal before the administrative courts.
  (Labour Code, Art. 92).
  
  This protection extends also to :
  - candidates on the electoral lists until the representatives are elected;
  - unsuccessful candidates from the moment when the representatives are elected to the expiration of six months after the election;
  - former workers’ delegates for a period between the termination of the mandate and the expiry of 6 months following the second ballot;
  - and alternate candidates from the moment they are on the electoral lists.
  (Labour Code, Art. 93).
  
  The dismissal of a worker will be considered as being abusive when he/she had previously filed a complaint or participated in proceedings against the employer because of alleged violation of applicable provisions or had appealed to competent administrative authorities.
  (Labour Code, Art. 152).
  
  Remarks / comments: The article 152 of the Labour Code is written in very general terms, we can estimate that it is also applicable to complaints concerning safety and health issues.
  • Loi nº 09-004 du 29 janvier 2009 portant Code du travail de la République centrafricaine. (Art. 89, Art. 90, Art. 91, Art. 92, Art. 93 and Art. 152)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2018
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
- 8.9 Immunity from civil and criminal liability for exercising OSH related rights and duties
  No data available.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2018
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
9 Specific hazards or risks
- 9.1 Biological hazards
  No data available.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2018
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
- 9.2 Chemical hazards
  No data available.
  - 9.2.1 Handling, storage, labelling and use
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2018
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
  - 9.2.2 Duty of manufacturers, suppliers and importers of chemicals in relation to the safety and health of users
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2018
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
  - 9.2.3 Pesticides
    No data available.
- 9.3 Ergonomic hazards
  No data available.
- 9.4 Physical hazards
  No data available.
  - 9.4.1 Ionising radiation
    No data available.
  - 9.4.2 Vibration and noise
    No data available.
    Related CEACR Comments
    • Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Observation 2015
    • Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Direct Request 2018
  - 9.4.3 Working at height
    No data available.
    Related CEACR Comments
    • Safety Provisions (Building) Convention, 1937 (No. 62) Observation 2015
    • Safety Provisions (Building) Convention, 1937 (No. 62) Direct Request 2018
  - 9.4.4 Working in confined spaces
    No data available.
  - 9.4.5 Risks arising from poor maintenance of workplace facilities
    No data available.
    Related CEACR Comments
    • Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Observation 2015
    • Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Direct Request 2018
  - 9.4.6 Exposure to extreme temperatures
    No data available.
    Related CEACR Comments
    • Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Observation 2015
    • Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Direct Request 2018
  - 9.4.7 Fire risks
    No data available.
  - 9.4.8 Tobacco
    No data available.
  - 9.4.9 Asbestos
    No data available.
  - 9.4.10 Risks related to nanotechnology
    No data available.
  - 9.4.11 Contraction of HIV in the workplace
    Summary / Citation: Issues concerning HIV / AIDS shall be considered as a work-related problem. All employers' and workers' organizations have to:
    - participate fully in the development and dissemination of regulations, guidelines, policies and ethical frameworks in favour of programs to fight HIV / AIDS;
    - ensure that infected or affected workers are protected against all forms of stigma and discrimination; encourage and promote workers' access to voluntary testing and counselling, to treatment and to psycho-social assistance programs at the workplace.
    • Loi nº 09-004 du 29 janvier 2009 portant Code du travail de la République centrafricaine. (Art. 313)
- 9.5 Psychosocial hazards
  No data available.
  - 9.5.1 Psychosocial risks
    Summary / Citation: Labour physician inspectors develop a permanent action to protect physical and mental health in workplaces and participate in the health monitoring of workers.
    • Loi nº 09-004 du 29 janvier 2009 portant Code du travail de la République centrafricaine. (Art. 335)
  - 9.5.2 Occupational violence
    No data available.
- 9.6 Other hazardous substances
  No data available.
- 9.7 Machineries
  No data available.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2018
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
  - 9.7.1 Risks related to machinery and tools
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2018
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
    • Guarding of Machinery Convention, 1963 (No. 119) Observation 2015
    • Guarding of Machinery Convention, 1963 (No. 119) Direct Request 2018
  - 9.7.2 Duty of designers and/or manufacturers of machineries in relation to the occupational safety and health of operators of machineries
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2018
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
    • Guarding of Machinery Convention, 1963 (No. 119) Observation 2015
    • Guarding of Machinery Convention, 1963 (No. 119) Direct Request 2018
  - 9.7.3 Duty of designers, manufacturers, importers or suppliers of machineries to provide machineries information
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2018
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
    • Guarding of Machinery Convention, 1963 (No. 119) Observation 2015
    • Guarding of Machinery Convention, 1963 (No. 119) Direct Request 2018
  - 9.7.4 Duty to purchase machineries from authorised/certificated suppliers or only if approved/certificated
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2018
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
    • Guarding of Machinery Convention, 1963 (No. 119) Observation 2015
    • Guarding of Machinery Convention, 1963 (No. 119) Direct Request 2018
  - 9.7.5 Maintenance of machinery and equipment
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2018
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
    - 9.7.5.1 List of equipment where applicable
      No data available.
      Related CEACR Comments
      • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2018
      • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
- 9.8 Provisions to protect workers in specific condition of vulnerability
  Sometimes.
  - 9.8.1 Protection of pregnancy at work
    Summary / Citation: Every woman has the right to suspend her employment contract during 14 consecutive weeks including 6 weeks before the birth and 8 weeks after the birth.
    (Labour Code, Art. 253)
    
    The maternity leave may be extended for 3 weeks in case of an illness, duly certified by a doctor, resulting from the birth or the pregnancy. During this period the employer shall not dismiss the worker.
    In any case, the woman is authorized to work during the period of 6 weeks before the birth and 08 weeks after the birth.
    (Labour Code, Art. 253)
    
    Any pregnant woman whose state of health is certified by a doctor or whose pregnancy is notable, has the right to terminate the employment contract without paying an indemnity in lieu of notice, or any compensation for breach of contract.
    (Labour Code, Art. 253)
    
    On the initiative of the worker or the employer, if the health of the worker requires it, the pregnant woman may be reassigned temporarily to another post.
    In case of disagreement between the worker and the employer concerning the transfer to another post, or when the transfer was requested by the employer, the health condition of the worker and his/her aptitude to carry out the new work shall be assessed by an occupational safety and health physician. The transfer to another post shall not proceed without the agreement of the worker.
    The temporary transfer shall not exceed the duration of the pregnancy and shall end once the woman’s health allows her to return to her original post.
    The transfer to another post shall not reduce the remuneration paid to the worker. However, this shall not apply if the transfer to another post is requested by a worker who has been employed in the enterprise for less than one year.
    (Labour Code, Art. 254)
    
    Carrying, dragging or pushing of any load is prohibited during pregnancy and within three weeks after returning to work after giving birth.
    (Art. 20, de l’arrêté général n°3759 du 25 novembre 1954 relatif au travail des femmes et des femmes enceintes en Afrique équatoriale française.)
    
    • Loi nº 09-004 du 29 janvier 2009 portant Code du travail de la République centrafricaine. (Art. 253 and Art. 254)
    • Arrêté général n°3759 du 25 novembre 1954 relatif au travail des femmes et des femmes enceintes en Afrique équatoriale française (Art. 20)
  - 9.8.2 Protection of lactating women at work
    Summary / Citation: During a period of 15 months after resuming work, the mother has the right to take paid breastfeeding-breaks during working hours, up to 1 hour in total per day. The schedule for the nursing breaks is determined through agreement between the worker and the employer. In case no agreement is reached, breaks shall be taken in the middle of each half of the working day.
    (Labour Code, Art. 256)
    
    During the lactating period, the mother might leave her work without notice and without paying any compensation for breach of contract.
    (Labour Code, Art. 256)
    
    A woman might always breastfeed her baby in the establishment. A nursing room shall be provided in or near establishments employing more than 50 women.
    (Art. 18, Order relating to the employment of women and pregnant women No. 3759)
    • Loi nº 09-004 du 29 janvier 2009 portant Code du travail de la République centrafricaine. (Art. 256)
    • Arrêté général n°3759 du 25 novembre 1954 relatif au travail des femmes et des femmes enceintes en Afrique équatoriale française (Art. 18)
  - 9.8.3 Limits to women’s access to specific occupations, undertakings or shifts
    Summary / Citation: In factories, manufactures, mines, quarries and building sites women shall not be employed to perform night work between 10pm and 5 am.
    (Art. 3, Order relating to the employment of women and pregnant women No. 3759)
    
    The rest period for women shall be at least 11 consecutive hours and shall include the period from 10pm to 5 am mentioned in the preceding article.
    (Art. 4, Order relating to the employment of women and pregnant women No. 3759)
    
    It is prohibited to employ women in jobs which exceed their strength. They shall be assigned to a suitable position. If this is not possible, the contract shall be dissolved by the employer accompanied by an indemnity in lieu of notice, a severance payment and a payment of damages as applicable.
    (Labour Code, Art. 252)
    
    A decree issued by the Minister of Labour and the Minister of Public Health determines, following the opinion of the National Permanent Council of Labour, shall determine the nature of work prohibited for women.
    (Labour Code, Art. 257)
    
    The labour and social laws inspector may request a medical examination of a woman in order to verify whether the assigned work does not exceed her forces. Such an examination may be requested by the interested parties.
    (Labour Code, Art. 258)
    
    Women shall not be required to carry, drag or push any load exceeding the following weights:
    - porterage 25 kg;
    - transport in cars running on rails (including weight of vehicle) 600 kg;
    - transport in wheelbarrows (including weight of vehicle) 40 kg;
    - transport on three-wheeled or four-wheeled vehicles (including weight of vehicle) 60 kg;
    - transport in two-wheeled hand carts (including weight of vehicle) 130 kg.
    (Art. 20, Order relating to the employment of women and pregnant women No. 3759)
    
    Women shall not be admitted to premises where the following substances and agents are involved, present or manipulated: lead, alkaline chlorides, phosphor, etc. This is a non exhaustive list.
    The employment of women in the following premises shall be subject to certain conditions: manufacture of sulphuric acid, application of rubber coatings, pickling or galvanising of iron, etc. This is non exhaustive list.
    (Order relating to the employment of women and pregnant women No. 3759, table A and B)
    Remarks / comments:
    According to the article 9 of the Central African Republic: “All citizens of the country shall be equal before the law. No one may be discriminated in their employment on the basis of their origins, gender, opinions or beliefs. ”
    
    • Loi nº 09-004 du 29 janvier 2009 portant Code du travail de la République centrafricaine. (Art. 252, Art. 257, Art. 258)
    • Arrêté général n°3759 du 25 novembre 1954 relatif au travail des femmes et des femmes enceintes en Afrique équatoriale française (Art. 3, Art. 4, Art. 20)
  - 9.8.4 Limits to workers’ access to specific occupations, undertakings or shifts by reason of age
    Summary / Citation: A worker, even an apprentice shall be at least 14 years old.
    (Labour Code, Art. 166 and 259)
    
    An exemption may be issued by order of the Minister in charge of labour after consultation with the Permanent National Council of Labour, taking into account local circumstances and tasks that may be performed.
    (Labour Code, Art. 259)
    
    The minimum rest period for young workers under the age of 18 shall not be less than 12 consecutive hours.
    (Labour Code, Art. 251)
    
    The labour and social laws inspector might request examination of a child by an occupational safety and health physician or by any other approved physician to determine if the work performed by the child does not exceed his/her physical strength. Children are entitled to require this examination.
    If the work is beyond the child's physical strengths, the employer is required to reassign him/her to a suitable job. Otherwise, the employment contract is terminated to the sole prejudice of the employer with payment arrangement and, when appropriates, payment of compensation.
    (Labour Code, Art. 260)
    
    A joint order of the Minister of Labour and the Minister of Public Health, after consultation of the Permanent National Council of Labour, sets the nature of the work and the categories of enterprises prohibited for children and related age-limits.
    (Labour Code, Art. 261)
    
    The worst forms of child labour are prohibited in the Central African Republic territory. It includes works which are dangerous to health, safety or morality of children.
    (Labour Code, Art. 262 and 263)
    • Loi nº 09-004 du 29 janvier 2009 portant Code du travail de la République centrafricaine. (Art. 166, Art. 259, Art. 251, Art. 260, Art. 261, Art. 262 and Art. 263)
    Related CEACR Comments
    • Minimum Age Convention, 1973 (No. 138) Observation 2021
    • Minimum Age Convention, 1973 (No. 138) Direct Request 2011
    • Night Work of Young Persons (Industry) Convention, 1919Â (No. 6) Direct Request 2008
10 Recording, notification and investigation of accidents/incidents and diseases
- 10.1 Duty to record and/or investigate the causes of work accidents, near misses incidents and cases of occupational diseases
  Yes.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2018
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
  - 10.1.1 Work-related accidents
    Summary / Citation: The employer has to keep a record which shall include the following information:
    - victim’s identity;
    - the date, the place and circumstances of the accident;
    -the nature and localisation of the injuries with a certificate showing the medical treatments undergone by the worker;
    - care provided.
    The victim or the person who assists the victim signs the register.
    The register might be consulted at any time by the labour and social laws inspector or by agents from the National Social Security Fund.
    • Décret n° 09-116 du 27 avril 2009 fixant les modalités d'application de la loi n° 06-035 portant Code de sécurité sociale. (Art. 95)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2018
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
  - 10.1.2 Near miss incidents
    No data available.
  - 10.1.3 Occupational diseases
    Summary / Citation: Employers who use work processes which can cause occupational diseases are required to declare it to the National Social Security Fund, according to an order issued by the Minister in charge of Social Security.
    (Art. 85, Décret n° 09-116 du 27 avril 2009 fixant les modalités d'application de la loi n° 06-035 portant Code de sécurité sociale)
    
    The victim of an occupational accident or disease shall immediately notify the employer or one of his/her representative, except in cases of force majeure. The same obligation has to be insured by the right holders in case of death.
    (Art. 86, Décret n° 09-116 du 27 avril 2009 fixant les modalités d'application de la loi n° 06-035 portant Code de sécurité sociale)
    
    Any occupation accident has to be subject of an investigation carried out by sworn officers of the National Social Security Fund. In case of the absence of the latters, it shall be carried out by labour inspectors, police officers or other local administrative authority.
    (Art. 93, Décret n° 09-116 du 27 avril 2009 fixant les modalités d'application de la loi n° 06-035 portant Code de sécurité sociale)
    • Décret n° 09-116 du 27 avril 2009 fixant les modalités d'application de la loi n° 06-035 portant Code de sécurité sociale. (Art. 85, Art. 86 and Art. 93)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2018
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
- 10.2 Employers’ duty to notify OSH authorities of work related death and/or injuries to health
  Summary / Citation: The employer is under the obligation to report to the National Social Security Fund within 8 working days any occupational accident or recognized occupational disease. Concerning accidents occurred outside the national territory, this period begins when the employer has been informed of the accident.
  (Art. 88, Décret n° 09-116 du 27 avril 2009 fixant les modalités d'application de la loi n° 06-035 portant Code de sécurité sociale)
  
  The worker or his/her right holder might declare an occupational accident or disease until the end of the sixth month following the date of the occupational accident or the first medical diagnosis of the occupational disease.
  (Art. 101, Décret n° 09-116 du 27 avril 2009 fixant les modalités d'application de la loi n° 06-035 portant Code de sécurité sociale)
  • Décret n° 09-116 du 27 avril 2009 fixant les modalités d'application de la loi n° 06-035 portant Code de sécurité sociale. (Art. 88 and Art. 101)
  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2018
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2018
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2018
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
11 OSH inspection and enforcement of OSH legislation
- 11.1 Appointment of OSH inspectors
  Summary / Citation: In Central African Republic there are two types of labour inspectors:
  - labour and social laws inspectors; and
  - physician labour inspectors.
  
  The Labour and Social Laws Inspectorate is in charge of complying with provisions concerning working conditions and workers protection at work.
  (Labour Code, Art. 318)
  
  The status of labour and social laws inspectors is established by a joint order of the Council of Ministers on the proposal of the Minister in charge of Labour.
  (Labour Code, Art. 319)
  
  The labour and social laws inspectors shall not have any interest, direct or indirect, in enterprises or institutions under their control.
  
  Physician labour inspectors develop a permanent action to protect physical and mental health in workplaces and participate in monitoring the health of workers. This action concerns in particular the organization and operation of occupational medical services.
  Labour doctor inspectors act in conjunction with labour and social laws inspectors and cooperate with them on the implementation of regulations.
  (Labour Code, Art. 335)
  
  To perform the mission of the Medical Labour Inspectorate, the physician labour inspectors are under the same obligations and enjoy the same prerogatives as the labour and social laws inspectors provided by the articles 319, 321 and 325 of the Labour Code.
  Nevertheless, the physician labour inspectors do not have the power to set forth a formal notice for the infringement or to issue a formal notice.
  (Labour Code, Art. 334)
  Remarks / comments: The definition provided by the article 318 is large enough to include occupational health and safety issues.
  
  The law refers to labour inspectors as “physician labour inspectors” since they shall be qualified doctors.
  • Loi nº 09-004 du 29 janvier 2009 portant Code du travail de la République centrafricaine. (Art. 318, Art. 319, Art. 335 and Art. 334)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2018
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
- 11.2 OSH inspectors’ powers
  Yes.
  - 11.2.1 Power to enter workplaces
    Summary / Citation: The Labour and Social legislation Inspectors have the power to: enter freely and without prior notice at any time of day or night, in establishments subject to the control of the inspectors where they may have reasonable cause to believe that there are workers enjoying legal protection. They notify at the beginning of their inspection the company’s manager or head unless they consider that notifying the company can interfere in a negative way the effectiveness of the inspection.
    • Loi nº 09-004 du 29 janvier 2009 portant Code du travail de la République centrafricaine. (Art. 324)
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2018
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2018
  - 11.2.2 Power to inspect and carry out any examination, test or enquiry
    Summary / Citation: Labour and social laws inspectors have the right to decide where and when to carry out inspections and investigations and controls according to the labour rules in force.
    To perform their mission, the labour and social laws inspectors have at their disposal appropriate working places.
    (Labour Code, Art. 319)
    
    Labour inspectors have the power to require opinions and consultations from physicians and technicians concerning hygiene and safety issues.
    They may be assisted by interpreters, workers’ delegates, physicians and technicians.
    They have the power to conduct or to require examinations, controls or investigations necessary to ensure that relevant provisions are complied with. This power includes interviewing the employer or the workers privately or not, verifying their identity, requiring information from any person whose testimony seems necessary, requiring any record or document which is mandatory, taking away in the presence of the employer, the head of the establishment or his/her representative any samples of used materials or substances to be analysed.
    (Labour Code, Art. 324)
    
    In mines and quarries and workplaces where the work is under the control of a technical service, public servants responsible for this control shall ensure that facilities under their control are established to ensure workers' safety.
    They shall ensure application of special rules and provide to this effect powers of labour and social laws inspectors.
    They shall inform the labour and social laws inspector about measures they have required and formal notices issued.
    At any time, the labour and social laws inspector may request and perform with these public servants the visit of mines, quarries, construction sites, workplaces and facilities subject to their control.
    (Labour Code, Art. 328)
    
    Restrictions / obligations: The statute of civil servants responsible to control safety and health in mines is established in the Mines Code.
    • Loi n° 9-005 du 29 avril 2009 portant Code minier.
    • Loi nº 09-004 du 29 janvier 2009 portant Code du travail de la République centrafricaine. (Art. 319, Art. 324 and Art. 328)
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2018
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2018
  - 11.2.3 Power to investigate
    Summary / Citation: Any occupation accident has to be subject to an investigation carried out by sworn officers of the National Social Security Fund. In case of their absence, it is carry out by labour inspectors, police officers or other local administrative authority.
    
    • Décret n° 09-116 du 27 avril 2009 fixant les modalités d'application de la loi n° 06-035 portant Code de sécurité sociale. (Art. 93)
  - 11.2.4 Duty to provide advice on OSH
    No data available.
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2018
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2018
- 11.3 OSH inspectors’ enforcement powers
  Yes.
  - 11.3.1 Power to issue orders or notices
    Summary / Citation: Prior to enforce the rules of the company, the manager has to submit to the labour and social laws inspector approval who may require withdrawal or amendment of some provisions contrary to laws and regulations in force.
    (Labour Code, Art. 129)
    
    The internal rule of the company contains provisions relating to health and safety issues necessary to the smooth functioning of the enterprise.
    Joint orders of the Minister of Labour and the Minister of Public Health specify the conditions in which labour and social laws inspectors or the labour doctor inspector shall use the formal notice procedure.
    (Labour Code, Art. 300)
    
    The formal notice procedure has to be made in writing either on the employer's register, either by registered letter with an acknowledgement of receipt. It shall be dated and signed.
    It specifies the infringements or risks observed and establishes deadlines for the execution. This deadline shall be within between 4 days and 1 month except in cases of extreme emergency.
    (Labour Code, Art. 301)
    
    Where there are dangerous working conditions for workers which are not defined by the orders issued according to article 301 mentioned above, the labour and social laws inspector or the physician labour inspector shall send a notice to the employer.
    The latter fixes the time limits to execute the formal notice.
    (Labour Code, Art. 302)
    
    When working conditions present a risk for the physical integrity of workers, the labour and social laws inspector sets forth a formal notice for the infringement.
    (Labour Code, Art. 303)
    
    Labour and social laws inspectors determine infringements of laws and regulations provisions through a formal notice which shall be deemed authentic until proved otherwise.
    (Labour Code, Art. 322)
    
    All formal notices shall be notified against receipt within fifteen days from the date the infringement was determined by supplying a certified copy to the interested party or its representative. In case of lack of this procedure, the prosecution involving is null.
    However, this deadline may be extended for 15 additional days as circumstances require.
    In case of extension of this deadline, the employer shall be informed by the labour and social laws inspector.
    A copy of the formal notice shall be sent to the public prosecutor, the National Treasury, the Minister of Labour and the Labour and Social Laws Inspectorate.
    (Labour Code, Art. 323)
    • Loi nº 09-004 du 29 janvier 2009 portant Code du travail de la République centrafricaine. (Art. 129, Art. 300, Art. 301, Art. 302, Art. 303, Art. 322 and Art. 323)
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2018
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2018
  - 11.3.2 Power to impose financial penalties
    No data available.
  - 11.3.3 Power to revoke or suspend licenses or authorisations
    No data available.
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2018
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2018
  - 11.3.4 Power to require the cessation of dangerous work
    No data available.
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2018
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2018
  - 11.3.5 Power to initiate prosecutions
    Summary / Citation: Labour and social laws inspectors are entitled to refer to competent judicial authorities.
    
    • Loi nº 09-004 du 29 janvier 2009 portant Code du travail de la République centrafricaine. (Art. 323)
  - 11.3.6 Power to conduct prosecutions
    No data available.
  - 11.3.7 Other enforcement powers
    Summary / Citation: Depending on the nature of work and particular risks to which workers are exposed to, the labour and social laws inspector may impose within 15 days, the establishment of a safety and health committee in an undertaking, an enterprise or a construction site even if there are less than 30 workers appointed.
    This decision may be subject to an administrative review.
    (Labour Code, Art. 83)
    
    To perform their mission, labour and social laws inspectors may require the public forces to intervene when the circumstances require so.
    (Labour Code, Art.327)
    
    In the framework of an individual or collective dispute, the labour and social laws inspector shall intervene and seek to reconcile the parties.
    (Labour Code, Art. 350 and 367)
    • Loi nº 09-004 du 29 janvier 2009 portant Code du travail de la République centrafricaine. (Art. 83, Art. 327, Art. 350 and Art. 367)
- 11.4 Application of sanctions by courts
  Yes.
  - 11.4.1 Financial penalties for legal persons
    Summary / Citation: The offenders to the followings provisions shall be punished by a fine from 100,000 (approximately $ 189.66) to 1,000,000 CFA francs (approximately $ 189,684.65) where the articles concerned are :
    - Art. 129 about employers’ obligations regarding the rules of the company;
    - Art. 258 relating to women examination by a registered physician to ensure that their work does not exceed their physical abilities;
    - Art. 259 about the prohibition to employ children under the age of fourteen;
    - Art. 305 about the employer’s obligation to ensure medical service for the benefit of workers and their families;
    - Art. 307 relating to the requirement where the company physician shall be approved by a joint decision from the Minister of Public Health and the one in charge of labour, after consultation with the National Council of the College of Physician doctors, pharmacists and dentist-surgeons;
    - Art. 308 about the possibility for companies with at least 30 workers near to a medical centre or a clinic to use its services for health care;
    - Art. 310 about the obligation of the employer in case of illness of a worker or one of his/her family member living with him/her at the company’s expense, to provide for free appropriate health care, and the obligation of the employer to provide free food for every sick worker hospitalized in the enterprise or inter-enterprise medical unit;
    - Art. 311 about the obligation of the employer to evacuate to the nearest medical unit wounded and transportable patients who cannot be treated by the means at its disposal.
    (Labour Code, Art. 389)
    
    Offenders to the article 252 of the Labour Code shall be punished by a fine from 200,000 to 1,500,000 CFA francs (approximately from 379.39 to 2,843.47 USD). The article 252 of the Labour Code is about the prohibition to employ women in jobs which exceeding their strength, are dangerous, or by their nature and the conditions under which they are carried out may harm morality.
    (Labour Code, Art. 390)
    • Loi nº 09-004 du 29 janvier 2009 portant Code du travail de la République centrafricaine. (Art. 389 and Art. 390)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2018
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
  - 11.4.2 Financial penalties for natural persons
    Summary / Citation: Without prejudice to the provisions of the Criminal Code, anyone who opposes labour and social laws inspectors, physician labour inspectors or labour controllers’ powers is punished by one year imprisonment and a fine from 2,500,000 to 5,000,000 CFA francs (4,738.29 to 9,476.77 USD) or by one of these sentences.
    The same sentence is applicable to the usurpers of these functions.
    (Labour Code, Art. 391)
    
    Managers and heads of enterprise are civilly liable for payment of the fines imposed on their representatives or people they are responsible of.
    (Labour Code, Art. 394)
    
    The offenders to the followings provisions shall be punished by a fine from 100,000 (approximately $ 189.66) to 1,000,000 CFA francs (approximately $ 189,684.65) where the articles concerned are :
    - Art. 129 about employers’ obligations regarding the rules of the company;
    - Art. 258 relating to women examination by a registered physician to ensure that their work does not exceed their physical abilities;
    - Art. 259 about the prohibition to employ children under the age of fourteen;
    - Art. 305 about the employer’s obligation to ensure medical service for the benefit of workers and their families;
    - Art. 307 relating to the requirement where the company physician shall be approved by a joint decision from the Minister of Public Health and the one in charge of labour, after consultation with the National Council of the College of Physician doctors, pharmacists and dentist-surgeons;
    - Art. 308 about the possibility for companies with at least 30 workers near to a medical centre or a clinic to use its services for health care;
    - Art. 310 about the obligation of the employer in case of illness of a worker or one of his/her family member living with him/her at the company’s expense, to provide for free appropriate health care, and the obligation of the employer to provide free food for every sick worker hospitalized in the enterprise or inter-enterprise medical unit;
    - Art. 311 about the obligation of the employer to evacuate to the nearest medical unit wounded and transportable patients who cannot be treated by the means at its disposal.
    (Labour Code, Art. 389)
    
    Offenders to the article 252 of the Labour Code shall be punished by a fine from 200,000 to 1,500,000 CFA francs (approximately from 379.39 to 2,843.47 USD). The article 252 of the Labour Code is about the prohibition to employ women in jobs which exceeding their strength, are dangerous, or by their nature and the conditions under which they are carried out may harm morality.
    (Labour Code, Art. 390)
    
    Anyone who interferes to the mission of the labour inspector shall be punished by a fine from 200,000 to 1,500,000 CFA francs.
    (Labour Code, Art. 390)
    
    Offenders to the article 252 of the Labour Code shall be punished by a fine from 200,000 to 1,500,000 CFA francs (approximately from 379.39 to 2,843.47 USD). The article 252 of the Labour Code is about the prohibition to employ women in jobs which exceeding their strength, are dangerous, or by their nature and the conditions under which they are carried out may harm morality.
    (Labour Code, Art. 390)
    
    Any person who interferes in the mission of workers’ delegates shall be punished by a fine from 200,000 to 1,500,000 CFA francs (approximately from 379.39 to 2,843.47 USD).
    (Labour Code, Art. 390)
    • Loi nº 09-004 du 29 janvier 2009 portant Code du travail de la République centrafricaine. (Art. 391, Art. 394, Art. 389 and Art. 390)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2018
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
  - 11.4.3 Non-financial sanctions
    Summary / Citation: In case of non-compliance with prevention regulations or non-registration of hazardous products for workers’ health, the National Social Security Authority has the power to ask to the court the provisional closure of the enterprise.
    • Décret n° 09-116 du 27 avril 2009 fixant les modalités d'application de la loi n° 06-035 portant Code de sécurité sociale. (Art. 132)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2018
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
  - 11.4.4 Criminal liability
    Summary / Citation: Anyone with specific responsibilities in safety who deliberately exposes another person to a risk of death or injury which can cause mutilation or permanent disability shall be punished with imprisonment from one to three years and by a fine from 100,000 to 1,000,000 francs (approximately from 63,70 to 637,00 USD).
    
    • Loi n° 10.001 du 6 janvier 2010 portant Code pénal centrafricain. (Art. 253)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2018
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
  - 11.4.5 Terms of imprisonment for natural persons
    Summary / Citation: Without prejudice to the provisions of the Criminal Code, anyone who opposes labour and social laws inspectors, physician labour inspectors or labour controllers’ powers is punished by one year imprisonment and a fine from 2,500,000 to 5,000,000 CFA francs (4,738.29 to 9,476.77 USD) or by one of these sentences.
    The same sentence is applicable to the usurpers of these functions.
    (Labour Code, Art. 391)
    
    Imprisonment sentences from one month to six months may be required in case of violation of the followings articles :
    - Article 251 from the Labour Code concerning the minimum rest period for young workers under the age of 18 which shall not be less than 12 consecutive hours;
    - Article 252 from the Labour Code about the prohibition to employ women in jobs which exceed their strength;
    - Article 259 from the Labour Code which imposes that a worker, even an apprentice, shall be at least 14 years old;
    - Article 305 from the Labour Code concerning the employer’s obligation to have an infirmary with a separate room for emergencies.
    In case of recurrence, the imprisonment sentence is mandatory.
    (Labour Code, Art. 392)
    
    Anyone who recruits or tried to recruit worst form of child labour shall be punished by a fine from 500,000 to 5.000.000F CFA (from 948.018 to 9,480.51 USD) or imprisonment from one to five years or by one of these sentences.
    In case of recurrence, punishments are doubled.
    (Labour Code, Art. 393)
    • Loi nº 09-004 du 29 janvier 2009 portant Code du travail de la République centrafricaine. (Art. 391, Art. 392 and Art. 393)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2018
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018

Central African Republic - 2015

Themes

1 Description of national OSH regulatory framework

1.1 Description of OSH regulatory framework

2 Scope, coverage and exclusions

2.1 Health and safety covers physical and psychological health

2.2 Definition of worker

2.2.1 Coverage of particular categories of workers

2.2.1.1 Migrant workers

2.2.1.2 Domestic workers

2.2.1.3 Home workers

2.2.1.4 Self-employed persons

2.3 Definition of employer

2.4 Exclusion of branches of economic activity

2.4.1 Agriculture

2.4.2 Construction

2.4.3 Services

2.4.4 Public sector

2.4.5 Other

2.5 Definition of occupational accident

2.6 Definition of occupational disease

2.6.1 List of occupational diseases

2.6.2 Mechanism for compensating other diseases as occupational ones

3 Institutions and programmes relating to OSH administration and/or enforcement

3.1 Competent national authority for safety and health at work

3.1.1 Objectives, roles and/or functions

3.1.2 Chairperson and composition

3.2 National OSH research programme or institute

3.2.1 Objectives, roles and/or functions

3.2.2 Governance board constitution and chairmanship

3.2.3 Source of funding

3.3 National OSH programme

3.3.1 Consultation on the national OSH programme

4 Employers’ duties and responsibilities to protect the safety and health of workers and others

4.1 Duty to ensure the health and safety of employees

4.2 Duty to protect the health and safety of people other than their own employees

4.3 Collaboration among two or more employers at the same workplace

4.4 Surveillance of workers’ health in relation to work

4.4.1 Specific hazards for which surveillance is required

4.5 Surveillance of the working environment and working practices

4.6 Duty to provide personal protective equipment

4.7 Duty to ensure the usage of personal protective equipment

4.8 Duty to provide first-aid and welfare facilities

4.8.1 Arrangements for first-aid

4.8.2 Sanitary installations

4.8.3 Drinking water

4.8.4 Rest and eating areas

5 Employers’ duty to organize prevention formally along generally accepted OSH management principles and practices

5.1 Elements of an OSH management system

5.1.1 Policy or plan specifying responsibilities and arrangements for health and safety

5.1.2 Appointment of a person for health and safety

5.1.3 Written risk assessment

5.1.4 Safe operating work systems and procedures

5.1.5 Training and information on risks

5.1.6 Review or assessment of the results of preventive measures

5.1.7 Consultation with workers in health and safety

5.2 Obligation to implement a specific OSH management system or standard

6 Employers’ duty to ensure availability of expertise and competence in health and safety

6.1 OSH competence

6.1.1 Requirement to access expert advice and/or support in health and safety

6.1.1.1 Qualifications of experts or professional services

6.2 Appointment of an OSH practitioner

6.2.1 Workforce size threshold for the appointment of OSH practitioners

7 Workers' rights and duties

7.1 Duty to take reasonable steps to protect their own safety and health

7.2 Duty to take reasonable steps to protect the safety and health of others

7.3 Supervisors’ duty to take reasonable steps to protect the safety and health of others

7.4 Senior officers’ duty to take reasonable steps to protect the safety and health of others

7.5 Self-employed persons’ duty to take reasonable steps to protect their own and other people’s health and safety

7.6 Duty to comply with OSH-related requirements

7.7 Right to enquire about risks and preventive measures

7.8 Right to remove themselves from a dangerous situation

7.9 Right to be reassigned to non-hazard work

7.9.1 Right to withdraw with compensation when workers are not reassigned to non-hazard work

8 Consultation, collaboration and co-operation with workers and their representatives

8.1 National OSH committee, commission, council or similar body

8.1.1 Objectives, roles and/or functions

8.1.2 Constitution and chairmanship modalities

8.2 Employers’ duty to consult workers on risks

8.3 Workers’ right to select their representatives for health and safety matters