Gabon - 2015

1.1 Description of OSH regulatory framework

2.1 Health and safety covers physical and psychological health

2.2 Definition of worker

• 2.2.1 Coverage of particular categories of workers

  Sometimes.
  

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
  

  • 2.2.1.1 Migrant workers

    Summary/citation: Regardless the place where the contract was signed and regardless the residence of the parties, the employment contract signed to be performed on Gabonese territory in whole or partially is in the scope of application of the Labour Code. Nevertheless, the Labour Code is not applicable to temporary workers introduced in Gabonese’s territory when the duration does not exceed 3 months. Terms and conditions of this article shall be determinate by a decree issued on the proposal of the Minister of Labour.
    

    • Loi n° 3/94 du 21 novembre 1994 portant Code du travail. (Art. 21)

    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
    

  • 2.2.1.2 Domestic workers

    No data available.
    

    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
    

  • 2.2.1.3 Home workers

    No data available.
    

    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
    

  • 2.2.1.4 Self-employed persons

    No data available.
    

2.3 Definition of employer

2.4 Exclusion of branches of economic activity

• 2.4.1 Agriculture

  Summary/citation: Agriculture is included in the scope of application of OSH legislation.
  Establishments which belong to an agricultural, forestry, industrial, commercial or maintenance enterprises, and in particular, manufactures, factories, construction sites, workshops, laboratories, kitchens, cellars, shops, offices, shows establishments, family’s workshops and their outbuildings of any kind of nature, be it secular or religious, even when the purpose of these establishments is to provide vocational education or charity are under the scope of application of occupational safety and health regulations.

  • Loi n° 3/94 du 21 novembre 1994 portant Code du travail. (Art. 197)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
  

• 2.4.2 Construction

  Summary/citation: Construction is included in the scope of application of OSH legislation.

  Establishments which belong to an agricultural, forestry, industrial, commercial or maintenance enterprises, and in particular, manufactures, factories, construction sites, workshops, laboratories, kitchens, cellars, shops, offices, shows establishments, family’s workshops and their outbuildings of any kind of nature, be it secular or religious, even when the purpose of these establishments is to provide vocational education or charity are under the scope of application of occupational safety and health regulations.

  • Loi n° 3/94 du 21 novembre 1994 portant Code du travail. (Art. 197)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
  • Safety and Health in Construction Convention, 1988 (No. 167) Direct Request 2018
  

• 2.4.3 Services

  Summary/citation: Services are not especially excluded in the scope of application of OSH legislation.

  Establishments which belong to an agricultural, forestry, industrial, commercial or maintenance enterprises, and in particular, manufactures, factories, construction sites, workshops, laboratories, kitchens, cellars, shops, offices, shows establishments, family’s workshops and their outbuildings of any kind of nature, be it secular or religious, even when the purpose of these establishments is to provide vocational education or charity are under the scope of application of occupational safety and health regulations.

  Civil and military administrations (terrestrial, maritime and air), public and ministerial offices, liberal professions, trade unions, civil societies and associations, of any kind of nature are under the scope of application of occupational safety and health regulations.

  • Loi n° 3/94 du 21 novembre 1994 portant Code du travail. (Art. 197)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
  

• 2.4.4 Public sector

  Summary/citation: Any person appointed as a permanent worker in a public authority is not subject to the provisions of the Labour Code.
  (Labour Code, Art. 1)
  

  Restrictions / obligations: Civil and military administrations (terrestrial, maritime and air), public and ministerial offices, liberal professions, trade unions, civil societies and associations, of any kind of nature are under the scope of application of occupational safety and health regulations.
  (Labour Code, Art. 197)
  

  • Loi n° 3/94 du 21 novembre 1994 portant Code du travail. (Art. 1, Art. 197)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
  

• 2.4.5 Other

  No data available.
  

2.5 Definition of occupational accident

2.6 Definition of occupational disease

• 2.6.1 List of occupational diseases

  Summary/citation: 1) Occupational accident’s regulations are applicable to occupational diseases. A decree issued on the proposal of the Minister of Labour and Social Welfare and the Minister of Health, after consultation with the Advisory Committee on Occupational Safety, Hygiene and Health establishes the list of occupational diseases. For each disease corresponds a list of tasks, work processes, professions including handling or use of harmful agents or performed in unhealthy working conditions or areas which expose, on a regular basis, workers to the risk of contracting a disease.
  2) The list shall be periodically updated according to the procedure referred to the previous paragraph. This update shall take into account new production techniques and advances in the medical knowledge of occupational diseases.
  3) The date of the first medical diagnosis of the occupational disease is assimilated to the date of the accident.
  4) Diseases which occur after the date on which the worker ceases to be exposed to the risk qualify for benefits only if they occur in the time limits indicated in the list.

  • Loi no 6/75 du 25 novembre 1975 portant code de sécurité sociale. (Art. 56)

• 2.6.2 Mechanism for compensating other diseases as occupational ones

  No data available.
  

3.1 Competent national authority for safety and health at work

• 3.1.1 Objectives, roles and/or functions

  Summary/citation: The Minister of Labour is in charge of ensuring the enforcement of laws and regulations and the implementation of the general policy of the Government on labour, employment and social security issues.
  (Labour Code, Art. 230)

  Labour inspectors, physician labour inspectors and social security authorities’ inspectors are in charge of the enforcement of occupational safety and health general regulations.
  (Labour Code, Art. 224)

  Labour inspectors shall :
  - ensure the enforcement and the control of laws, regulations and treaty provisions linked to labour, employment, social security, hygiene, safety and occupational medicine issues;
  - provide advices and recommendations to employers, workers and public administration;
  - seek to reconcile labour disputes;
  - bring to the notice to the Ministry of Labour lacks and abuses which are not specifically covered by existing provisions.
  The Minister in charge of Labour can give a general or special delegation to exercise an appropriate monitoring to authorities specialised in labour, employment, safety issues in their territories.
  (Labour Code, Art. 230)

  An Advisory Committee on Occupational Safety, Hygiene and Health Protection is established under the auspices of the Minister of Labour.
  Its remits, organisation and internal functioning are determined by rules and regulations.
  Its operating expenses are covered by the State budget.
  (Article 250 –nouveau- du Code du travail) (Ordonnance n°018/PR/2010 du 25 février 2010 portant modification de certaines dispositions du Code du travail de la République Gabonaise)

  Anyone who plans to open any kind of enterprise shall, a prior, declare it to the Labour Inspectorate and establish measures the entrepreneur intends to adopt to protect workers.
  Orders from the Minister of Labour shall determine its modalities of declaration.
  These orders shall set a time limit in which companies will have to make the declaration and require the production of periodic information on the situation of the workforce and measures on occupational safety and health issues.
  (Labour Code, Art. 256)
  

  Remarks / comments: There is a Gabonese association on occupational safety and health (SGST). It is a non-profit scientific association which brings together labour Gabonese physicians graduated or trainees.
  For more information, please refer to http://sgst.net/?page_id=109.

  • Ordonnance n° 018/PR/2010 du 25 février 2010 portant modification de certaines dispositions du Code du Travail de la République gabonaise. (Art. 250)

  • Arrêté no 808/MTRHFP/SG/IGHMT du 21 novembre 1995 fixant la composition et réglementant le fonctionnement du Comité technique consultatif pour la sécurité et la santé au travail.

  • Loi n° 3/94 du 21 novembre 1994 portant Code du travail. (Art. 230, Art. 224. Art. 230 and Art. 256)

• 3.1.2 Chairperson and composition

  No data available.
  

3.2 National OSH research programme or institute

• 3.2.1 Objectives, roles and/or functions

  Summary/citation: Labour Inspectorate shall publish every year, in the time limit of one month, an annual report on the followings subjects :
  - laws and regulations under the scope of the Labour Inspectorate;
  - Labour Inspectorate’s staff;
  - statistics of establishments under the control of the Labour Inspectorate and the number of workers in these establishments;
  - statistics about inspections;
  - statistics about infringements committed and sanctions imposed;
  - statistics on occupational accidents;
  - statistics on occupational diseases and all subjects relating to the Labour Inspectorate’s control.
  (Labour Code, Art. 247)

  An Advisory Committee on Occupational Safety, Hygiene and Health is in charge of studying issues concerning hygiene, safety and occupational medicine.
  An order issued by the Minister in charge of Labour sets up the composition and provides the internal functioning of the Committee which should include workers’ representatives and employers’ representatives.
  (Arrêté no 808/MTRHFP/SG/IGHMT du 21 novembre 1995 fixant la composition et réglementant le fonctionnement du Comité technique consultatif pour la sécurité et la santé au travail)
  (Labour Code, Art. 251)

  1°) The National Social Security Fund is in charge of sustaining a preventive action on occupational accidents and occupational diseases. To perform this mission, it collects information to establish statistics on the frequency, causes and effects of occupational accidents and diseases. The Fund may require investigations on the spot or entrust the investigation to agents certified by itself or by the Minister in charge of Labour and Social Security. It carries out studies and researches on occupational risks’ prevention.
  2°) The Fund has the power to use its fund for health and social action so as to organize propaganda and campaigns to prevent occupational risks. It can create or develop institutions, services or works to develop prevention methods and improve readaptation and retraining and safety and health conditions.
  3°) Modalities of application of these functions shall be provided by decree.
  (Social Security Code, Art. 73)
  

  • Arrêté no 808/MTRHFP/SG/IGHMT du 21 novembre 1995 fixant la composition et réglementant le fonctionnement du Comité technique consultatif pour la sécurité et la santé au travail.

  • Loi n° 3/94 du 21 novembre 1994 portant Code du travail. (Art. 247, Art. 251)

  • Loi no 6/75 du 25 novembre 1975 portant code de sécurité sociale. (Art. 73)

• 3.2.2 Governance board constitution and chairmanship

  Summary/citation: The National Social Security Fund is managed by a board of directors whose composition is set of by a decree issued after consultation with the Minister of Labour and Social Security.
  (Social Security Code, Art. 6)

  The Advisory Committee on Occupational Safety, Hygiene and Health Protection is composed by:
  - a representative from the ministry in charge of labour;
  - a representative from the ministry in charge of health;
  - a representative from the ministry in charge of social affairs;
  - a representative from the ministry in charge of equipment and construction;
  - a representative from the ministry in charge of mines and energy;
  - a representative from the ministry in charge of transports;
  - a representative from the ministry in charge of water affaires and forestry;
  - a representative from the ministry in charge of agriculture;
  - a representative from the ministry in charge of environment;
  - a representative from the ministry in charge of higher education and scientific research;
  - a representative from the ministry in charge of trade and industry;
  - a representative from the ministry in charge of small and medium enterprises;
  - a representative from the ministry in charge of public service;
  - 8 representatives from employers' unions including 2 members from small and medium enterprises;
  - 8 representatives from workers' unions.

  The Committee is chaired by the Minister in charge of Labour or his/her representative.
  The Committee shall meet at least twice per year.
  (Art. 3 and Art. 5, Arrêté no 808/MTRHFP/SG/IGHMT du 21 novembre 1995 fixant la composition et réglementant le fonctionnement du Comité technique consultatif pour la sécurité et la santé au travail)
  

  • Arrêté no 808/MTRHFP/SG/IGHMT du 21 novembre 1995 fixant la composition et réglementant le fonctionnement du Comité technique consultatif pour la sécurité et la santé au travail. (Art. 3 and Art. 5)

  • Loi no 6/75 du 25 novembre 1975 portant code de sécurité sociale. (Art. 6)

• 3.2.3 Source of funding

  Summary / Citation: An Advisory Committee on Occupational Safety, Hygiene and Health Protection is established under the auspices of the Minister of Labour.
  Its remits, organisation and internal functioning are determined by rules and regulations.
  Its operating expenses are covered by the State budget.
  (Article 250 –nouveau- du Code du travail) (Ordonnance n°018/PR/2010 du 25 février 2010 portant modification de certaines dispositions du Code du travail de la République Gabonaise)

  National Social Security Fund’s resources shall be constituted by:
  a) contributions from employers and workers to finance various branches of the social security system
  b) surcharges for late payments and default interests
  c) the product of investment funds
  d) donations and legacies
  e) any other resources assigned to the Fund by law or regulation.
  (Social Security Code, Art. 22)
  

  • Ordonnance n° 018/PR/2010 du 25 février 2010 portant modification de certaines dispositions du Code du Travail de la République gabonaise. (Art. 250)

  • Loi no 6/75 du 25 novembre 1975 portant code de sécurité sociale. (Art. 22)

3.3 National OSH programme

• 3.3.1 Consultation on the national OSH programme

  No data available.
  

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
  

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

  Summary / Citation: The pre-hiring medical examination is mandatory in the following cases :
  a) tasks involving serious hazards either because of the nature of handling or use of harmful agents or conditions under which the work is performed;
  b) women and children under the age of 18;
  c) physical or mental disabled people.
  Every worker shall be subject to a periodical medical examination according to regulations in force.
  (Labour Code, Art. 207)

  The worker, whose activity includes a serious hazard shall, under the responsibility of the employer, be subject to a medical surveillance during an appropriate period after cessation of the term of the employment contract.
  (Labour Code, Art. 208)

  Workers, whose activities require special skills that can put their health and their lives and other workers’ life and health at risk, shall undergo periodical and appropriate medical examinations accompanied, if necessary of additional examinations.
  (Labour Code, Art. 209)

  Medical examinations provided in this section of the Labour Code are undergone on the initiative and the responsibility of the employer. Examinations are compulsory for the worker.
  (Labour Code, Art. 210)

  Workers in charge of preparing and serving meals shall benefit from a specific medical surveillance.
  (Art. 175, Décret n°01494/PR/MTEPS du 29 décembre 2011 déterminant les règles générales d’hygiène et de sécurité sur les lieux de travail)
  

  • Décret n° 01494/PR/MTEPS du 29 décembre 2011 déterminant les règles générales d'hygiène et de sécurité sur les lieux de travail. (Art. 175)

  • Loi n° 3/94 du 21 novembre 1994 portant Code du travail. (Art. 207, Art. 208, Art. 209 and Art. 210)

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

  Summary / Citation: Any business or establishment shall provide an occupational safety and health service in workplaces.
  The occupational health service shall provide first aid and emergency services for workers who are victims of occupational accidents or fainting at the workplace.
  Decrees issued after consultation with the Advisory Committee on Occupational Safety, Hygiene and Health Protection and on proposal of the Minister of Labour shall set up implementing rules of this obligation, for example:
  1) Conditions under which pre-hiring medical examinations are undergone, periodical examinations, resumption examinations, complementary examinations, the establishment and update of medical records (… )
  (Labour Code, Art. 221)

  The evacuation of sick and wounded persons to the nearest medical unit is an obligation of the employer.
  If the employer does not have appropriate means, he/she shall refer to the head of the territorial administrative unit.
  (Labour Code, Art. 223)

  Except the first-aid medical care, the cost of the others medical care is covered by the National Social Security Fund itself.
  (Social Security Code, Art. 59)

  • Loi n° 3/94 du 21 novembre 1994 portant Code du travail. (Art. 221 and Art. 223)

  • Loi no 6/75 du 25 novembre 1975 portant code de sécurité sociale. (Art. 59)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
  

• 4.8.2 Sanitary installations

  Summary / Citation: The employer shall provide sinks with clean running water following a proportion of one tap per every ten workers, at least.
  These sinks are separated for the use of men and women, they shall be installed close to workplaces and to premises where workers are used to eat.
  (Art. 149, Décret n°01494/PR/MTEPS du 29 décembre 2011 déterminant les règles générales d’hygiène et de sécurité sur les lieux de travail)

  The decree n°01494/PR/MTEPS lays down detailed provisions concerning sinks, showers and lavatories, and in particular related to:
  - clean showers following a proportion of one shower per every ten workers at least depending of the nature of the work performed (Art. 150 and Art. 157 of the decree);
  - personal closets or basic toiletry items which shall be supplied such as soap or brushes (Art. 151 of the decree);
  - lavatories which shall be used in an hygienic way supplied with toilet paper and toilet flushes and following a proportion of one lavatory per 25 men and one lavatory per every 20 women(Art. 152 and Art. 153 of the decree);
  - the sanitary installations’ situation or the materials used (Art. 154 of the decree);
  - provision concerning the toilets’ place such as the lightning, the cleanness or the colour of the walls (Art. 155 of the decree);
  - requirements relating to the water treatment (Art. 156 of the decree).
  
  The decree n°01494/PR/MTEPS lays down detailed provisions concerning cloakrooms and lockers and in particular related to:
  - the number of individual cloakrooms which shall present the possibility to be locked with a padlock or a key (Art. 158 and Art. 160 of the decree);
  - the cloakrooms’ dimensions and maintenance, the obligation to supply hangers, seats or the number of compartments depending of the work performed (Art. 158, Art. 159 of the decree);
  - which kind of personal effects could be put in the cloakrooms (Art. 160 of the decree).
  

  • Décret n° 01494/PR/MTEPS du 29 décembre 2011 déterminant les règles générales d'hygiène et de sécurité sur les lieux de travail. (Art. 149, Art. 150, Art. 157, Art. 151, Art. 152, Art. 153, Art. 154, Art. 155, Art. 156, Art. 158, Art. 160 and Art. 159)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
  

• 4.8.3 Drinking water

  Summary / Citation: Employers shall provide for free, and in sufficient quantities, fresh and drinking water for workers’ use.
  (Art. 164, Décret n°01494/PR/MTEPS du 29 décembre 2011 déterminant les règles générales d’hygiène et de sécurité sur les lieux de travail)

  The decree n°01494/PR/MTEPS lays down detailed provisions concerning drinking water and other beverages in particular related to :
  - which kind of beverage is accepted in the workplace and alcohol restrictions (Art. 161, Art. 162 and Art. 163 of the decree)
  - the obligation of the employer to provide for free drinking water and depending of the nature of the work performed to provide a cold or warm beverage according to the opinion of the company’s physician (Art. 164 of the decree)
  - the maintenance of water containers or their place (Art. 165 and Art. 166 of the decree)
  - the obligation for the employer to supply a personal glass or recipient for each worker (Art. 167 of the decree).

  • Décret n° 01498/PR/MTEPS du 29 décembre 2011 réglementant les dérogations relatives à la limite d'âge de départ à la retraite dans certains secteurs d'activités et de certains personnels régis par le Code du travail. (Art. 164, Art. 161, Art. 162, Art. 163, Art. 164, Art. 165, Art. 166 and Art. 167)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
  

• 4.8.4 Rest and eating areas

  Summary / Citation: It is forbidden to allow workers to take their meal at their work station or in areas assigned to work.
  When workers are usually required to take their meals in the establishment, the employer shall fit up refectories and canteens separated from workplaces.
  (Art. 169, Décret n°01494/PR/MTEPS du 29 décembre 2011 déterminant les règles générales d’hygiène et de sécurité sur les lieux de travail)

  The decree n°01494/PR/MTEPS lays down detailed provisions concerning rest and eating areas in particular related to:
  - the maintenance, cleanness and fittings needed for canteens and refectories (Art. 169 of the decree);
  - derogations to allow workers to take their meals at their work station (Art. 171 of the decree);
  - requirements concerning canteens’ place, ventilation, size or clean-up (Art. 172 of the decree);
  - the obligation for the employer to maintain in a perfect state of cleanness kitchen and equipment used to prepare meals (Art. 173 of the decree);
  - the obligation for the employer to maintain kitchens free of rodents, insects and pets (Art. 174 of the decree);
  - the obligation for workers whose prepare and serve meals to comply with food hygiene’s regulations and to strict personal and clothing hygiene, to this purpose, the employer shall provide them a formation (Art. 175 of the decree).

  
  When schedules, the nature of the task, safety, health and the distance between the construction site and the residence require it, rest rooms or accommodations are provided for workers.
  (Art. 176 of the Decree n°01494/PR/MTEPS)

  The decree n°01494/PR/MTEPS lays down detailed provisions concerning rest and accommodation areas in particular related to:
  - the place, size of the rest areas or the obligation for the employer to protected non-smoker workers from smokers (Art. 177 of the decree);
  - the mandatory obligation for the employer who accommodates workers to make a statement to the Labour Inspectorate (Art. 178 of the decree);
  - provisions regarding the accommodation place such as the obligation for the employer to separate men from women or to ensure that the place free from rain water or floods and in a calm area (Art. 179 of the decree);
  - provisions regarding the temperature, ventilation or the size of accommodations (Art. 180 of the decree);
  - the obligation for the employer to ensure the proportion of 6 workers per one room maximum and to provide to workers a minimum surface area, a bed and a locked closet (Art. 181 of the decree);
  - the maintenance of the accommodation such as the obligation for the employer to clean at least once per day accommodation’s places (Art. 182 of the decree);
  - the duty for the employer to provide close to the accommodation lavatories, showers, washbasins or a refectory (Art. 182 of the decree).
  

  • Décret n° 01494/PR/MTEPS du 29 décembre 2011 déterminant les règles générales d'hygiène et de sécurité sur les lieux de travail. (Art. 169, Art. 171, Art. 172, Art. 173, Art. 174, Art. 175, Art. 176, Art. 177, Art. 178, Art. 179, Art. 180, Art. 181 and Art. 182)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
  

5.1 Elements of an OSH management system

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

  Summary/citation: Occupational risks incurred by a day or weekly labourer, when the latter delivered his/her services to an employer are covered by the employer if the worker has not been medical coverage.
  (Labour Code, Art. 26)

  Heads of establishment are responsible for ensuring the safety and health protection of workers under their authority.
  (Art. 4, Décret n°01494/PR/MTEPS du 29 décembre 2011 déterminant les règles générales d’hygiène et de sécurité sur les lieux de travail)
  

  • Décret n° 01494/PR/MTEPS du 29 décembre 2011 déterminant les règles générales d'hygiène et de sécurité sur les lieux de travail. (Art. 4)

  • Loi n° 3/94 du 21 novembre 1994 portant Code du travail. (Art. 26)

• 5.1.2 Appointment of a person for health and safety

  No data available.
  

• 5.1.3 Written risk assessment

  Summary/citation: The internal rules of the company contain provisions related to occupational safety and health.
  

  • Loi n° 3/94 du 21 novembre 1994 portant Code du travail. (Art. 110)

• 5.1.4 Safe operating work systems and procedures

  No data available.
  

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
  

• 5.1.5 Training and information on risks

  Summary/citation: The worker shall receive a training concerning occupational safety and health with the purpose to inform him/her on the risks arising from his/her work and how to prevent them.
  (Labour Code, Art. 201)

  At the time of hiring or in case of introduction of a new production processes, the employer is under the obligation to inform workers about risks and prevention measures, including the use of protection equipment.
  Furthermore, permanent information shall be provided to workers with the eventual support of relevant departments of the Ministries of Labour and Social Security, labour organizations of employers or workers and any kind of authority with competencies in occupational safety and health issues.
  (Labour Code, Art. 201)

  Moreover, the employer shall inform workers about provisions concerning protective equipment. The employer shall inform workers about precautions to take, including the use of protective equipment and about safety measures of devices. (Art. 86, cret n°01494/PR/MTEPS du 29 décembre 2011 déterminant les règles générales d’hygiène et de sécurité sur les lieux de travail)

  The employer shall establish special signs related to safety in workplaces.
  (Article 90 of the decree n°01494/PR/MTEPS)

  The Decree n°01494/PR/MTEPS contains detailed provisions related to signs at workplaces, and in particular:
  - signs informing the worker to adopt certain behaviour (Art. 91 of the decree);
  - the requirement for the information to be easily understandable, clear and straight forward (Art. 92 and Art. 96 of the decree);
  - the duty of the employer to ensure that the information is understood by workers (Art. 95 of the decree).
  

  • Décret n° 01494/PR/MTEPS du 29 décembre 2011 déterminant les règles générales d'hygiène et de sécurité sur les lieux de travail. (Art. 86, Art. 90, Art. 91, Art. 92, Art. 96 and Art. 95)

  • Loi n° 3/94 du 21 novembre 1994 portant Code du travail. (Art. 201)

  Related CEACR Comments
  • 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

  Summary/citation: Furthermore, permanent information shall be provided to workers with the eventual support of relevant departments of the Ministries of Labour and Social Security, labour organizations of employers or workers and any kind of authority with competencies in occupational safety and health issues.
  (Labour Code, Art. 201)

  Workers shall collaborate with the employer to implement preventive measures concerning risks in workplaces.
  For example, workers shall report any accident or any damages for workers’ health which occur in the course of work or in workplaces.
  (Labour Code, Art. 205)
  

  • Loi n° 3/94 du 21 novembre 1994 portant Code du travail. (Art. 201 and Art. 205)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
  

5.2 Obligation to implement a specific OSH management system or standard

6.1 OSH competence

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

  Summary / Citation: Any business or establishment shall provide an occupational safety and health service in workplaces.
  The occupational health service shall provide first aid and emergency services for workers who are victims of occupational accidents or fainting at the workplace.
  Decrees issued after consultation with the Advisory Committee on Occupational Safety, Hygiene and Health Protection and on proposal of the Minister of Labour shall set up implementing rules of this obligation.

  • Loi n° 3/94 du 21 novembre 1994 portant Code du travail. (Art. 221)

  Related CEACR Comments
  • Occupational Health Services Convention, 1985 (No. 161) Direct Request 2019
  

  • 6.1.1.1 Qualifications of experts or professional services

    Summary / Citation: A decree shall be issued upon receiving the opinion of the Advisory Committee on Occupational Safety, Hygiene and Health Protection and on proposal of the Minister of Labour setting up modalities for the establishment and functioning of the medical service.

    • Loi n° 3/94 du 21 novembre 1994 portant Code du travail. (Art. 221)

    Related CEACR Comments
    • Occupational Health Services Convention, 1985 (No. 161) Direct Request 2019
    

6.2 Appointment of an OSH practitioner

• 6.2.1 Workforce size threshold for the appointment of OSH practitioners

  No data available.
  

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

  No data available.
  

8.1 National OSH committee, commission, council or similar body

• 8.1.1 Objectives, roles and/or functions

  Summary / Citation: An Advisory Committee on Occupational Safety, Hygiene and Health is in charge of studying issues concerning hygiene, safety and occupational medicine.
  An order issued by the Minister in charge of Labour sets up the composition and provides the internal functioning of the Committee which should include workers’ representatives and employers’ representatives.

  • Loi n° 3/94 du 21 novembre 1994 portant Code du travail. (Art. 251)

• 8.1.2 Constitution and chairmanship modalities

  Summary / Citation: An order issued by the Minister in charge of Labour sets up the composition and provides the internal functioning of the Committee which should include workers’ representatives and employers’ representatives.

  • Loi n° 3/94 du 21 novembre 1994 portant Code du travail. (Art. 251)

8.2 Employers’ duty to consult workers on risks

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

• 8.3.1 Workforce size conditions for workers’ representation in health and safety

  Summary / Citation: Occupational safety and health committees are created in every establishment under the scope of the article 197 of the Labour Code (which establishes the scope of application of the Labour Code itself) and which employs at least 50 workers.
  The establishment of an occupational safety and health committee is only compulsory if the workforce size was composed of 50 workers during 12 months, be it consecutive or not, over the previous three years.
  In case of lack of an occupational safety and health committee, workers’ delegates shall be in charge of occupational safety and health committee’s missions.
  (Labour Code, Art. 214)

  Workers’ delegates shall be elected in each establishment with at least 10 workers employed on a regular basis.
  (Labour Code, Art. 290)
  

  • Loi n° 3/94 du 21 novembre 1994 portant Code du travail. (Art. 214 and Art. 290)

• 8.3.2 Conditions of eligibility to represent workers in health and safety

  Summary / Citation: Workers’ delegates are elected for three years and they might be re-elected.
  An order issued by the Minister of Labour shall specify:
  - conditions of eligibility and requirements to be allowed to vote
  - the number of delegates and their professional distribution
  - secret ballot election procedure;
  - resources available for workers’ delegates;
  - conditions in which workers’ delegates meet the employer;
  -conditions under which the delegate may be revoked by the group of workers which elected him/her.
  

  • Ordonnance n° 018/PR/2010 du 25 février 2010 portant modification de certaines dispositions du Code du Travail de la République gabonaise. (Art. 291)

8.4 OSH representatives’ functions, rights and powers

• 8.4.1 Right to inspect the workplace

  No data available.
  

• 8.4.2 Right to access OSH information

  No data available.
  

  Related CEACR Comments
  • 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 inspectors have the right to be accompanied during their inspection by workers’ delegates from the enterprise subject to inspection and by physicians and technicians.

  • Loi n° 3/94 du 21 novembre 1994 portant Code du travail. (Art. 237)

• 8.4.6 Right to use facilities

  No data available.
  

• 8.4.7 Right to have time off work with pay to perform duties

  Summary / Citation: The time off work with pay to perform workers’ delegate duties shall not exceed 15 hours per month.
  

  • Loi n° 3/94 du 21 novembre 1994 portant Code du travail. (Art. 298)

• 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: The internal rules of the company shall be established by the head of the enterprise.
  However, before the entry into force of the internal rules of the company, the employer shall communicate them for comments to the Standing Committee on Economic and Social Dialogue, to workers’ delegates and to the Labour Inspectorate, which may require the withdrawal or the modification of provisions contrary to laws and regulations.
  (Labour Code, Art. 110)

  Collective agreements likely to be extended to other branches of economic activity shall include provisions related to heavy, dangerous or unhealthy work and if necessary, any special working conditions for women and children in enterprises under the scope of application of the convention and workers’ protection against sexual harassment.
  (Labour Code, Art. 126)

  Workers’ delegates are in charge of presenting to employers any individual or collective complaints concerning working conditions and protection of workers.
  (Labour Code, Art. 298)
  

  • Loi n° 3/94 du 21 novembre 1994 portant Code du travail. (Art. 110, Art. 126 and Art. 298)

• 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

• 8.5.1 Right to enter the workplace

  No data available.
  

  Related CEACR Comments
  • 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) 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

• 8.6.1 Participation of workers’ representatives in joint OSH committee

  Summary / Citation: The occupational safety and health committee is composed of:
  - the head of the enterprise or his/her representative;
  - workers’ representatives, elected for two years who might be re-elected;
  - the head of the security service;
  - the company physician or nurse as advisors.
  

  • Ordonnance n° 018/PR/2010 du 25 février 2010 portant modification de certaines dispositions du Code du Travail de la République gabonaise. (Art. 219)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
  

• 8.6.2 Conditions for establishing a joint OSH committee

  Summary / Citation: Establishments with less than 50 workers may organize within the same branch of economic activity or several branches of economic activity to establish an occupational safety and health committee.
  (Labour Code, Art. 216)

  The occupational safety and health committee is chaired by the head of the enterprise or his/her representative.
  It has to meet at least once every three months on the initiative of the head of the enterprise or of the establishment and more frequently, if needed, especially in high-risk branches.
  It may also meet at the justified request of two of its workers members, or in event of an occupational accident with severe consequences. In the latter case, the labour inspector, the physician labour inspector and the social security authority shall be informed of the committee meeting. They may participate in meetings and they have the right to speak.
  (Art. 220, Ordonnance n°018/PR/2010 du 25 février 2010 portant modification de certaines dispositions du Code du travail de la République Gabonaise)
  

  • Ordonnance n° 018/PR/2010 du 25 février 2010 portant modification de certaines dispositions du Code du Travail de la République gabonaise. (Art. 220)

  • Loi n° 3/94 du 21 novembre 1994 portant Code du travail. (Art. 216)

• 8.6.3 Objectives, roles and/or functions of joint OSH committees

  Summary / Citation: The occupational safety and health committee shall aim to:
  - contribute to the protection of health and safety of workers who performed their work in the establishment and of workers from an external company, including day labourers;
  - improve working conditions;
  - ensure compliance with legislative and regulatory requirements related to safety and health issues;
  - analyse occupational hazards and working conditions;
  - carry out, at regular intervals, inspections and investigations on occupational accidents and occupational diseases or with an occupational nature;
  - contribute to promote prevention of occupational hazards in the establishment, and encourage any initiative considered useful to this purpose.
  The Committee shall be consulted before any significant construction decision regarding hygiene and safety conditions and working conditions, and especially before substantial transformation of workstations resulting from the modification of tools, change of materials or labour organization.
  (Labour Code, Art. 217)

  The Committee shall take a decision on all issues falling under its competence referred to it by the head of the enterprise or of the establishment, workers’ delegates and staff’s representatives of the committee.
  (Labour Code, Art. 218)
  

  • Loi n° 3/94 du 21 novembre 1994 portant Code du travail. (Art. 217 and Art. 218)

  Related CEACR Comments
  • 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)

8.8 Protection against reprisals

8.9 Immunity from civil and criminal liability for exercising OSH related rights and duties

9.1 Biological hazards

9.2 Chemical hazards

• 9.2.1 Handling, storage, labelling and use

  Summary / Citation: In addition to specific measures concerning each category of substances, appropriate measures shall be taken in all workplaces where hazardous materials are produced, handled, used, stored, transported and particularly in relation to the development of premises, the choice of building materials or lighting and of temperature humidity and ventilation levels

  • Décret n° 01494/PR/MTEPS du 29 décembre 2011 déterminant les règles générales d'hygiène et de sécurité sur les lieux de travail. (Art. 205)

  Related CEACR Comments
  • 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) Direct Request 2018
  

• 9.2.3 Pesticides

  No data available.
  

9.3 Ergonomic hazards

9.4 Physical hazards

• 9.4.1 Ionising radiation

  Summary / Citation: This law aims to promote a prevention policy against ionizing radiation by:
  - the establishment of administrative bodies, technical support and radiation safety to regulate activities or practices involving ionizing radiation sources to include the radiological protection of workers against harmful effects of radiations;
  - peaceful and reasonable uses of ionizing radiation sources and generators.
  (Art. 2, Loi n°11/2001 du 12 décembre 2001 fixant les orientations de la politique de prévention et de la protection contre les rayonnements ionisants)

  A National Commission on Radiation Safety and Prevention (CNPSR) shall be created. It is in charge of issuing recommendations regarding the national policy on the prevention and protection against ionizing radiation.
  The Minister in charge of energy shall supply the chairman.
  (Art. 5, Loi n°11/2001 du 12 décembre 2001 fixant les orientations de la politique de prévention et de la protection contre les rayonnements ionisants)
  

  • Loi no 11/2001 du 12 décembre 2001 fixant les orientations de la politique de prévention et de protection contre les rayonnements ionisants. (Art. 2 and Art. 5)

• 9.4.2 Vibration and noise

  Summary / Citation: The level of exposure to noise shall be as low as possible and stay in a limit which is not likely to harm the health of workers, and especially their hearing.
  (Art. 45, Décret n°01494/PR/MTEPS du 29 décembre 2011 déterminant les règles générales d’hygiène et de sécurité sur les lieux de travail)

  The decree n°01494/PR/MTEPS contains detailed provisions related to vibration and noise, in particular:
  - obligation for the employer to limit the noise level and to choose less noisy manufacturing processes or to organize the workplace so as to keep away workers from the noise (Art. 45 and Art. 49 of the decree);
  - the decibel level which is deemed acceptable (Art. 46 and Art. 47);
  - individual protective equipment that shall be supplied for workers (Art. 48);
  - audiometry medical examination for workers exposed to this risk, at least 2 times per year (Art. 50).

  • Décret n° 01494/PR/MTEPS du 29 décembre 2011 déterminant les règles générales d'hygiène et de sécurité sur les lieux de travail. (Art. 45, Art. 46, Art. 47, Art. 48, Art. 49 and Art. 50)

• 9.4.3 Working at height

  Summary / Citation: Any workstation situated at height of more than two meters shall be provided with equipment to protect workers against the risk of falling.
  The decree n°01494/PR/MTEPS contains detailed provisions related to the work at height, in particular:
  - means to protect workers from the risk of falling such as balustrades (Art. 183);
  - specific provisions concerning work performed with a ladder or with a scaffolding (Art. 184 and Art. 185);
  - specific provisions related to the risk of falling if the work is performed underground or in a well or a pit (Art. 186 and 187 of the Decree).

  • Décret n° 01494/PR/MTEPS du 29 décembre 2011 déterminant les règles générales d'hygiène et de sécurité sur les lieux de travail. (Art. 183, Art. 184, Art. 185, Art. 186 and Art. 187)

• 9.4.4 Working in confined spaces

  Summary / Citation: Premises in which work is performed shall be ventilated. They shall be supplied with windows or other openings directly to the outside and which ensure a sufficient natural or artificial ventilation.
  (Article 11, Décret n°01494/PR/MTEPS du 29 décembre 2011 déterminant les règles générales d’hygiène et de sécurité sur les lieux de travail)

  The atmosphere of workplaces shall be free from smells obstructing breathing from condensation and hazardous unhealthy and inconvenient pollutants as steams, gases or dust.
  (Article 18, Décret n°01494/PR/MTEPS du 29 décembre 2011 déterminant les règles générales d’hygiène et de sécurité sur les lieux de travail)
  

  • Décret n° 01494/PR/MTEPS du 29 décembre 2011 déterminant les règles générales d'hygiène et de sécurité sur les lieux de travail. (Art. 11 and Art. 18)

• 9.4.5 Risks arising from poor maintenance of workplace facilities

  Summary / Citation: Premises shall be set up and equipment shall be installed and maintained to ensure workers’ safety and, if necessary, users or customers’ safety.
  Premises shall be maintained in a constant state of cleanliness and provide appropriate conditions of safety and hygiene necessary for health.
  (Art. 3, Décret n°01494/PR/MTEPS du 29 décembre 2011 déterminant les règles générales d’hygiène et de sécurité sur les lieux de travail)

  The durability and the stability of workplaces shall be adequate for their use and the nature of the work performed.
  Premises, workplaces and equipment shall be maintained in a good state of repair, free of clutter. They shall be maintained in a constant state of cleanliness.
  These places shall be protected from water, especially rainwater and flood and any source of infection including tanks, cesspits, sumps, sewers or stagnant waters.
  Floors of workplaces shall be non-slip floors and resistant, free from bumps, holes, inclined or dangerous planes.
  Floors shall be cleaned at least once a day. Walls and ceilings’ coatings shall be cleaned or repainted whenever necessary.
  (Art. 7, 8, 9, 10 et 13 du Décret n°01494/PR/MTEPS du 29 décembre 2011 déterminant les règles générales d’hygiène et de sécurité sur les lieux de travail)
  

  • Décret n° 01494/PR/MTEPS du 29 décembre 2011 déterminant les règles générales d'hygiène et de sécurité sur les lieux de travail. (Art. 3, Art. 7, Art. 8, Art. 9, Art. 10 and Art. 13)

• 9.4.6 Exposure to extreme temperatures

  Summary / Citation: The ambient temperature shall be at an acceptable level, consistent with workers’ health and without discomfort for physical obligations required to perform the job. It shall be monitored by thermometers installed in workplaces.
  The temperature shall not cause any discomfort or any risk for workers’ health and safety.
  (Art. 40, Décret n°01494/PR/MTEPS du 29 décembre 2011 déterminant les règles générales d’hygiène et de sécurité sur les lieux de travail)

  The decree n°01494/PR/MTEPS contains detailed provisions related to thermal environment, in particular:
  - rest periods granted to workers exposed to extreme temperatures;
  - means to protect workers from heat (Art. 42);
  - means to protect workers from cold (Art. 43):
  - personal equipment for workers who perform their work outside to protect them from bad weather (Art. 44).
  

  • Décret n° 01494/PR/MTEPS du 29 décembre 2011 déterminant les règles générales d'hygiène et de sécurité sur les lieux de travail. (Art. 40, Art. 42, Art. 43 and Art. 44)

• 9.4.7 Fire risks

  Summary / Citation: The decree n°01494/PR/MTEPS contains detailed provisions related to fire risks. These provisions are classified as follows:
  - regarding flammable materials (Art. 236);
  - protection and prevention’ provisions (Art. 237, 238, 239, 240, 241, 242 and 243);
  - fire-fighting, first aid, evacuation of workers (Art. 244, Art. 245. Art. 246, Art. 247, Art. 248 and Art. 249).
  

  • Décret n° 01494/PR/MTEPS du 29 décembre 2011 déterminant les règles générales d'hygiène et de sécurité sur les lieux de travail. (Art. 236, Art. 237, Art. 238, Art. 239, Art. 240, Art. 241, Art. 242, Art. 243, Art. 244, Art. 245, Art. 246, Art. 247, Art. 248 and Art. 249)

• 9.4.8 Tobacco

  Summary / Citation: It is prohibited to smoke in the following places and vehicles subject to common use:
  - pre-school, school and university institutions;
  - hospital establishments;
  - other health care establishments;
  - venues for spectacles, cinemas, theatres, concert halls;
  - sports venues;
  - libraries;
  - elevators;
  - bus shelters;
  - public restrooms;
  - government and public buildings;
  - public transport vehicles (buses, taxis and other vehicles transporting two or more persons);
  - halls and waiting areas in airports, bus stations and other public transportation facilities;
  - common areas in apartment buildings, whether such buildings are cooperatively owned or not;
  - tents, pavilions and other similar installations, whether set up temporarily or permanently, that
  accommodate the public;
  - all other enclosed places that accommodate the public.
  Notices stating the prohibition of smoking must be prominently displayed.
  (Art. 19, Loi n°00612013 du 21 août 2013 portant instauration des mesures en faveur de la lutte antitabac en République Gabonaise)

  5) Failure to comply with provisions concerning the prohibition of smoking in work places is punishable by a fine of:
  a) 1,00,000 [sic, i.e., ‘100,000’] to 500,000 FCFA (about 189.40 to 947.01 USD), in cases of infractions committed by an individual;
  b) 1,000,000 to 5,000,000 FCFA (about 1894,0 to 9470,1 USD) in cases of infractions committed by a distributor;
  c) 5,000,000 to 20,000,000 FCFA in cases of infractions committed by a wholesaler or manufacturer;
  d) These penalties may be combined with cancellation of authorization, license or operating permit or
  other suitable penalty, in cases of infractions committed by a wholesaler or manufacturer.
  (Art. 42, Loi n°00612013 du 21 août 2013 portant instauration des mesures en faveur de la lutte antitabac en République Gabonaise)

  In rest areas the employer is under the obligation to protect non-smoker workers from smoke.
  (Art. 177, Décret n°01494/PR/MTEPS du 29 décembre 2011 déterminant les règles générales d’hygiène et de sécurité sur les lieux de travail)

  • Loi n°00612013 du 21 août 2013 portant instauration des mesures en faveur de la lutte antitabac en République Gabonaise (Art. 19 and Art. 42)

  • Décret n° 01494/PR/MTEPS du 29 décembre 2011 déterminant les règles générales d'hygiène et de sécurité sur les lieux de travail. (Art. 177)

• 9.4.9 Asbestos

  Summary / Citation: Materials used to perform insulation shall not contain asbestos.
  

  • Décret n° 01494/PR/MTEPS du 29 décembre 2011 déterminant les règles générales d'hygiène et de sécurité sur les lieux de travail. (Art. 82)

• 9.4.10 Risks related to nanotechnology

  No data available.
  

• 9.4.11 Contraction of HIV in the workplace

  No data available.
  

9.5 Psychosocial hazards

• 9.5.1 Psychosocial risks

  No data available.
  

• 9.5.2 Occupational violence

  No data available.
  

9.6 Other hazardous substances

9.7 Machineries

• 9.7.1 Risks related to machinery and tools

  Summary / Citation: The employer is under the obligation to make available to workers facilities and to maintain them, fittings and tools appropriate to ensure to workers a proper protection against occupational accidents and to prevent possible damages to health.
  (Labour Code, Art. 200)

  Machinery shall be:
  - made of a solid materials;
  - compatible with operational constraints; and
  - appropriate to the work performed to ensure workers’ safety and health.
  (Art. 53, Décret n°01494/PR/MTEPS du 29 décembre 2011 déterminant les règles générales d’hygiène et de sécurité sur les lieux de travail)

  The Decree No. 01494 / PR / MTEPS contains provisions related to risks related to machinery and tools, and in particular concerning :
  - the installation of machines (Art. 54);
  - the floor on which machineries are installed (Art. 56);
  - hazardous parts of the machines (Art. 56, Art. 58, Art. 59 and Art. 60);
  - protection devices and locking devices (Art. 61, Art. 62, Art. 63);
  -specific provisions concerning manual machines (Art. 64) and portable machineries (Art. 65).

  Workers shall be prevented to be in contact with dangerous movable parts that they use to perform their work. (Art. 66)

  Machinery shall be fitted with control suitable for its operation.
  Machinery shall be equipped with operating parameters, such as temperature, pressure, speed, or the presence of harmful substances which could be the cause of a hazardous situation. Work equipment shall be fitted with acoustic or light signs. These signs shall be easily seen and understood by workers.
  The decree provides different regulations concerning warning, safety and stop devices. (Art. 69 to 74)
  (Art. 67 and 68, Décret n°01494/PR/MTEPS du 29 décembre 2011 déterminant les règles générales d’hygiène et de sécurité sur les lieux de travail)

  The Decree provides regulations concerning the use of hazardous machines (from Art. 188 to Art. 203) and the use of some specific machines such as lifts (from Art. 194 to 203).
  

  • Décret n° 01494/PR/MTEPS du 29 décembre 2011 déterminant les règles générales d'hygiène et de sécurité sur les lieux de travail. (Art. 53, Art. 54, Art. 56, Art. 58, Art. 59, Art. 60, Art. 61, Art. 62, Art. 63, Art. 64, Art. 65, Art. 66, Art. 67, Art. 68)

  • Loi n° 3/94 du 21 novembre 1994 portant Code du travail. (Art. 200)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) 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

  Summary / Citation: Establishments and facilities shall be set up to ensure safety in workplaces.
  Machines, mechanisms, transmitting apparatus and tools shall be designed, manufactured, installed and maintained according to safety standards.

  • Loi n° 3/94 du 21 novembre 1994 portant Code du travail. (Art. 212)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) 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) 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) Direct Request 2018
  

• 9.7.5 Maintenance of machinery and equipment

  Summary / Citation: Every day, the employer or his/her representative shall make sure that machinery can be used safety.
  (Art. 75 du Décret n°01494/PR/MTEPS du 29 décembre 2011 déterminant les règles générales d’hygiène et de sécurité sur les lieux de travail)

  The decree provides different regulations concerning prevention methods related to machinery and equipment, in particular: interventions on the machines and workers in charge of the intervention.
  (Art. 76, Art. 77 du Décret n°01494/PR/MTEPS du 29 décembre 2011 déterminant les règles générales d’hygiène et de sécurité sur les lieux de travail)

  Work equipment shall be maintained with the aim to ensure a safe use.
  (Art. 88 du Décret n°01494/PR/MTEPS du 29 décembre 2011 déterminant les règles générales d’hygiène et de sécurité sur les lieux de travail)
  

  • Décret n° 01494/PR/MTEPS du 29 décembre 2011 déterminant les règles générales d'hygiène et de sécurité sur les lieux de travail. (Art. 75, Art. 76, Art. 77, Art. 88)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
  

  • 9.7.5.1 List of equipment where applicable

    Summary / Citation: According to the decree, work equipment refers to machinery, engines, devices or others installations the work is performed with.
    New or used equipment shall comply with safety and health provisions.
    

    • Décret n° 01494/PR/MTEPS du 29 décembre 2011 déterminant les règles générales d'hygiène et de sécurité sur les lieux de travail. (Art. 52)

    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
    

9.8 Provisions to protect workers in specific condition of vulnerability

• 9.8.1 Protection of pregnancy at work

  Summary / Citation: An employer shall not dismiss a woman worker because of her pregnancy or confinement.
  Employers shall not dismiss a woman during pregnancy or during the 15 months after childbirth without the authorization of the labour inspector. The time limit period for the labour inspector to take a decision about this authorization is one month. If the decision has not been taken during this period, the employer’s dismissal is presumed to be authorized.
  (Art. 170, Labour Code)

  The pregnant woman is entitled, because of her pregnancy, to maternity leave of 14 weeks: 6 weeks before the birth and 8 weeks after the birth.
  During this period, the employer aware of the situation is under the obligation to refrain from using the services of a pregnant woman without the express written agreement concluded at the request of the worker and which copy shall be sent to the labour inspector.
  The suspension of contract is a temporary interruption of part or the whole contract, which shall not imply a breaking of the contract.
  Where the confinement occurs after the presumed date, the prenatal period shall be extended until the date of birth, with no reduction of the postnatal leave.
  This service interruption shall not be discounted from the length of service of the worker, and therefore shall not affect his/her seniority. The service interruption may be extended by 3 weeks in case of duly certified illness resulting either from the pregnancy or confinement and shall not be considered as a contract break.
  Dismissal shall not be given to a woman during the extension of maternity leave in case of multiple births or in case of illness or complications.
  (Art. 171 du Code du travail)

  During pregnancy and 3 months after the date of resumption of work, a woman whose work is considered as dangerous or who presents a medical certificate indicating that the nature of her work shall be changed due to medical reasons, shall be transferred to a more suitable work without reduction of wage. If this is not possible, the contract is suspended for a maximum of 3 months. During this period she is entitled to half of the wage she received before the suspension of the contract.
  Collective sectorial agreement may provide more favourable provisions.
  (Art. 172 du Code du travail)

  • Loi n° 3/94 du 21 novembre 1994 portant Code du travail. (Art. 170, Art. 171 and Art. 172)

• 9.8.2 Protection of lactating women at work

  Summary / Citation: For a period of 12 months following the resumption of work, the mother shall be entitled to nursing breaks. These breaks shall be at least 2 hours per day during the first 6 months and 1 hour per day during the last 6 months.
  The breastfeeding periods shall be considered as work time and shall be paid as such. However, a woman worker who is nursing her child may terminate her employment contract without notice and without being obliged to pay compensation on this basis.
  

  • Loi n° 3/94 du 21 novembre 1994 portant Code du travail. (Art. 174)

• 9.8.3 Limits to women’s access to specific occupations, undertakings or shifts

  Summary / Citation: The work performed between 9 pm and 6 am is considered as night work.
  The night working period shall not exceed 8 consecutive hours.
  (Labour Code, Art. 166)

  Women of all ages, and children under 18 shall not be employed during the night in any industrial establishments, public or private, or any undertaking of these establishments, except where workers are only family members.
  (Labour Code, Art. 167)

  The article 167 from the Labour Code does not apply in the following cases:
  a) in case of force majeure when, in a company, an operational interruption happened and when this interruption was impossible to predict and which do not have a periodical nature;
  b) if raw materials or materials under development and subject to a rapid transformation are used by the enterprise or when it is necessary to protect these materials from certain loss;
  (…)
  d) for women who occupy a management position which does not involve a manual work.
  (Labour Code, Art. 168)

  Night work of women and children in the industry branch will be regulated by decree proposed by the Minister of Labour according to international standards.
  The daily rest period for women and children shall be at least 12 hours.
  (Labour Code, Art. 169)

  In terms of labour legislation, the woman has the same rights and obligations, subject to special provisions.
  (Labour Code, Art. 170)

  Decrees issued upon the of the Minister of Labour and the Minister in charge of Public Health shall determine the nature of work prohibited for women and pregnant women.
  (Labour Code, Art. 176)

  The labour inspector may require a medical examination of women, children and young workers up to 18 years of age, and concerning jobs with a high risk for their health until the age of 21 by a certified physician to verify whether the assigned work does not exceed her/his force. Such an examination may be requested by the interested parties.
  The woman or the child shall not be maintained in his/her job recognized to be beyond his/her forces and shall be assigned to a suitable job. Otherwise, the employment contract is terminated with payment arrangements.
  (Labour Code, Art. 178)

  Remarks / comments: Every worker is equal by law and shall benefit of the same protection and guaranties. Discrimination with regards to employment or conditions of work based, notably, on the race, colour, sex, religion, political opinion, national ascendance or social origins is forbidden.
  (Labour Code, Art. 8)
  

  • Loi n° 3/94 du 21 novembre 1994 portant Code du travail. (Art. 166, Art. 167, Art. 168, Art. 169, Art. 170, Art. 176, Art. 178 and Art. 8)

  Related CEACR Comments
  • Underground Work (Women) Convention, 1935 (No. 45) Direct Request 2015
  

• 9.8.4 Limits to workers’ access to specific occupations, undertakings or shifts by reason of age

  Summary / Citation: Children shall not be employed in jobs not appropriate to their age or condition, or prevent them from receiving compulsory education, except in the case of derogations provided by this law.
  (Labour Code, Art. 6)

  The retirement is the cessation of all salaried employment for a worker who reached the age limit. The age limit is between 55 and 60 years according to business sectors.
  These limits are specified in the decree related to age limits depending of the sector in which the worker perform his/her work.
  Parties to the employment contract, with the authorization of the social security agency, may agree on the conditions of an early retirement.
  (Labour Code, Art. 62)
  (Decree n°01498/PR/MTEPS du 29 décembre 2011)

  The work performed between 9 pm and 6 am is considered as night work.
  The night working period shall not exceed 8 consecutive hours.
  (Labour Code, Art. 166)

  Women of all ages, and children under 18 shall not be employed during the night in any industrial establishments, public or private, or any undertaking of these establishments, except where workers are only family members.
  (Labour Code, Art. 167)

  The article 167 from the Labour Code does not apply in the following cases:
  a) in case of force majeure when, in a company, an operational interruption happened and when this interruption was impossible to predict and which do not have a periodical nature;
  b) if raw materials or materials under development and subject to a rapid transformation are used by the enterprise or when necessary it is necessary to protect these materials from certain loss;
  c) if children over 16 are employed in the following industry to perform a task which, by reason of its nature, should be continued necessarily nights and days: glassware, paper making, sugar refiner where raw sugar is used (…)
  (Labour Code, Art. 168)

  Night work of women and children in the industry branch will be regulated by decree proposed by the Minister of Labour according to international standards.
  The daily rest period for women and children shall be at least 12 hours.
  (Labour Code, Art. 169)

  Children shall not be employed in any enterprise before the age of 16 subject to a derogation issued by decree on the proposal of the Minister of Labour, the Minister of Public Health and the Minister of National Education accordingly.
  Children under 18 years of age shall not be employed in work considered as worse forms of child labour, and particularly work which, by its nature or conditions in which it is carried out, is likely to jeopardize the health, safety or morals of young persons. The provision includes types of work which:
  - expose children to physical, psychological or sexual abuse;
  -involve work with dangerous machineries or tools or with heavy loads;
  - are performed underground, under water, at dangerous heights or in confined spaces; or
  - are performed in an unhealthy environment, for example where harmful agents are used or with temperature or noise conditions which can cause prejudice to health.
  The list of these tasks shall be determined by decree issued by the Council of Ministers after consulting employers’ and workers’ organizations.

  The labour inspector may require a medical examination of women, children and young workers up to 18 years of age, and concerning jobs with a high risk for their health until the age of 21 by a certified physician to verify whether the assigned work does not exceed her/his capacity. Such an examination may be requested by the interested parties.
  The labour inspector may require presentation of civil status documents of each child when the inspector has strong suspicion to think that the child is employed for a work which corresponds to the worst forms of child labour. The labour inspector has the power to interview the child with or without witnesses, in the framework of the formal and informal sectors and, if necessary, to make him arrested by security forces.
  Finally, the labour inspector is required to report any fact which may be the basis of children exploitation for work purposes.
  The hygiene and physician labour inspector and the labour inspector who is the head of the departmental labour service are entitled with the same powers.
  The woman or the child shall not be maintained in his/her job recognized to be over his/her capacities and shall be assigned to a suitable job. Otherwise, the employment contract is terminated with payment arrangements.
  (Labour Code, Art. 178)

  Remarks / comments: The Committee notes that, according to the information provided by the Government under Convention No. 182, the list of hazardous types of work is determined by Decree No. 275 of 5 November 1962, but that this list of hazardous types of work is currently being reviewed.
  

  • Décret n° 01498/PR/MTEPS du 29 décembre 2011 réglementant les dérogations relatives à la limite d'âge de départ à la retraite dans certains secteurs d'activités et de certains personnels régis par le Code du travail.

  • Loi n° 3/94 du 21 novembre 1994 portant Code du travail. (Art. 6, Art. 62, Art. 166, Art. 167, Art. 168, Art. 169 and Art. 178)

  Related CEACR Comments
  • Minimum Age Convention, 1973 (No. 138) Observation 2019
  • Minimum Age Convention, 1973 (No. 138) Direct Request 2019
  

10.1 Duty to record and/or investigate the causes of work accidents, near misses incidents and cases of occupational diseases

• 10.1.1 Work-related accidents

  No data available.
  

  Related CEACR Comments
  • 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

  No data available.
  

  Related CEACR Comments
  • 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

11.1 Appointment of OSH inspectors

11.2 OSH inspectors’ powers

• 11.2.1 Power to enter workplaces

  Summary / Citation: Labour inspectors, carrying identification documents which justify their functions have the power to:
  - enter freely and without prior notice at any time during the day and the night in establishments where workers under the scope of application of labour and social security law are performing their job;
  - enter during the day in premises where the inspector shall reasonably suspect it is a workplace subject to the control of the inspection.
  They shall notify, at the beginning of their inspection, the company’s head or his/her agent unless they consider that notifying the company can interfere in a negative way the effectiveness of the inspection.
  

  • Loi n° 3/94 du 21 novembre 1994 portant Code du travail. (Art. 237)

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2011
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2014
  

• 11.2.2 Power to inspect and carry out any examination, test or enquiry

  Summary / Citation: Labour inspectors have in the territory of their competence, the right to decide where and when to carry out inspections and controls according to the labour rules in force.
  (Labour Code, Art. 233)

  Any employer who uses manufacturing processes involving special hazards or which could cause occupational diseases is required to make the statement, prior to the beginning of the operations, by registered letter addressed to the Labour Inspectorate.
  The statement shall specify the nature of hazards and protective and preventive measures taken to protect workers’ security.
  In all cases, the Labour Inspectorate shall request for an investigation to ensure that all measures have been taken.
  (Labour Code, Art. 199)

  Labour inspectors have the rights to:
  - require, if necessary, opinions and consultations from physicians and technicians concerning hygiene and safety issues. Physicians and technicians shall be subject to professional secrecy in the same conditions as labour inspectors.
  - labour inspectors have the right to be accompanied during their inspection by workers’ delegates from the enterprise subject to inspection and by physicians and technicians;
  - conduct all examinations, controls or investigations necessary to their missions to ensure that labour and social security regulations are enforced and, in particular:
  1) to interview, either privately or in the presence of witness the employer or workers of the enterprise, to verify their identity and to require information from any person whose testimony seems necessary;
  2) to require any record or document which is mandatory;
  3) to take away in the presence of the employer or his/her representative any samples of used materials or substances to be analysed given that the employer is informed of the samples taken away;
  4) to require mandatory posting of notices.
  (Labour Code, Art. 237)
  

  • Loi n° 3/94 du 21 novembre 1994 portant Code du travail. (Art. 233, Art. 199 and Art. 237)

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2011
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2014
  

• 11.2.3 Power to investigate

  Summary / Citation: Except in case of force majeure, the employer has to declare, within two working days, to the social security authority any occupational accident or occupational disease contracted in the company, according to the legislation in force.
  Copy of the declaration shall be sent to the Labour Inspectorate.
  The labour inspector shall launch an investigation depending of the nature and severity of the accident or disease.

  • Loi n° 3/94 du 21 novembre 1994 portant Code du travail. (Art. 202)

• 11.2.4 Duty to provide advice on OSH

  Summary / Citation: Labour inspectors shall give advices and recommendations to employers, workers and the public administration.
  (Labour Code, Art. 230)

  Workers’ delegates are in charge of:
  - informing the labour inspector of any complaints related to the application of laws and regulations which he/she shall control;
  - monitoring the implementation of regulations concerning workers’ hygiene and safety and social security rules, and to propose any useful measures.
  (Labour Code, Art. 298)
  

  • Loi n° 3/94 du 21 novembre 1994 portant Code du travail. (Art. 230 and Art. 298)

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2011
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2014
  

11.3 OSH inspectors’ enforcement powers

• 11.3.1 Power to issue orders or notices

  Summary / Citation: Infringements of general occupational safety and health regulations are set forth in a written statement by labour inspectors.
  However, prior to set forth a written statement, the employer shall receive a formal notice to comply with the requirements which he/she had breached.
  The formal notice shall 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. The formal notice shall indicate the infringement and set a time limit to remedy the breach.
  This time limit is set by the labour inspector according to circumstances and necessary means to remedy the breach. The minimum time-limits are fixed by an order issued by the Minister of Labour, after consultation with the Advisory Committee on Occupational Safety, Hygiene and Health Protection.
  (Labour Code, Art. 225)

  Labour inspectors set forth by means of a written statement which shall be deemed authentic until proved otherwise, infringements of labour, occupational safety and health and social security regulations.
  They have the power to:
  - fix the amount of fines to the benefit of the Treasury;
  - refer any offender before the court;
  - exercise all legal means of recourse and have the right to speak before the competent court.
  Implementing provisions shall be issued by means of a joint decree of the Minister of Labour and the Minister of Finance.
  (Labour Code, Art. 235)
  

  • Loi n° 3/94 du 21 novembre 1994 portant Code du travail. (Art. 225 and Art. 235)

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2011
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2014
  

• 11.3.2 Power to impose financial penalties

  Summary / Citation: Labour inspectors have the power to fix the amount of fines to the benefit of the Treasury.
  Implementing provisions shall be issued by means of a joint decree of the Minister of Labour and the Minister of Finance.

  • Loi n° 3/94 du 21 novembre 1994 portant Code du travail. (Art. 235)

• 11.3.3 Power to revoke or suspend licenses or authorisations

  No data available.
  

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2011
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2014
  

• 11.3.4 Power to require the cessation of dangerous work

  Summary / Citation: In the event of an imminent and serious danger for the health and safety of workers, despite the formal notice procedure, the labour inspector shall bring the situation before the judge for a summary judgement. The aim of this procedure is to take whatever necessary measures to put an end to the threat, including the temporary closure of the workshop or the construction site, the dismantling, immobilisation, seizure of materials, equipment, machines, devices or products.
  The judge may accompany the judgment by a penalty for non-execution which shall be paid to the benefit of the Treasury.
  

  • Loi n° 3/94 du 21 novembre 1994 portant Code du travail. (Art. 226)

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2011
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2014
  

• 11.3.5 Power to initiate prosecutions

  Summary / Citation: The labour inspector shall be informed of the judicial follow-up of the written statement.
  During the prosecutions, the labour inspector may request before the court either verbal or written requisitions.
  (Labour Code, Art. 236)

  Labour inspectors set forth by means of a written statement which shall be deemed authentic until proved otherwise, infringements of labour, occupational safety and health and social security regulations.
  They have the power to:
  - fix the amount of fines to the benefit of the Treasury;
  - refer any offender before the court;
  - exercise all legal means of recourse and have the right to speak before the competent court.
  Implementing provisions shall be issued by means of a joint decree of the Minister of Labour and the Minister of Finance.
  (Labour Code, Art. 235)

  Provisions of articles 235 and 237 do not derogate general provisions on the prosecution of criminal offences by judicial officers. In all cases, police officers shall inform the competent labour inspector.
  (Labour Code, Art. 243)
  

  • Loi n° 3/94 du 21 novembre 1994 portant Code du travail. (Art. 236, Art. 235 and Art. 243)

• 11.3.6 Power to conduct prosecutions

  No data available.
  

• 11.3.7 Other enforcement powers

  Summary / Citation: Labour inspectors have the right to require mandatory posting of notices.
  (Labour Code, Art. 237) 4)

  The internal rules of the company shall be established by the head of the enterprise.
  However, before the entry into force of the internal rules of the company, the employer shall communicate them for comments to the Standing Committee on Economic and Social Dialogue, to workers’ delegates and to the Labour Inspectorate, which may require the withdrawal or the modification of provisions contrary to laws and regulations.
  (Labour Code, Art. 110)

  The labour inspector may require a medical examination of women, children and young workers up to 18 years of age, and concerning jobs with a high risk for their health until the age of 21 by a certified physician to verify whether the assigned work does not exceed her/his force. Such an examination may be requested by the interested parties.
  The woman or the child shall not be maintained in his/her job recognized to be beyond his/her forces and shall be assigned to a suitable job. Otherwise, the employment contract is terminated with payment arrangements.
  (Labour Code, Art. 178)

  Depending on the nature of work, the labour inspector may impose the establishment of a safety and health committee in any establishment which does not reach the minimum workforce for which the creation of a committee is required by law. This decision may be subject to an administrative review.
  (Labour Code, Art. 215)

  To perform their mission, labour and social laws inspectors may require the public forces to intervene.
  (Labour Code, Art. 238)
  

  • Loi n° 3/94 du 21 novembre 1994 portant Code du travail. (Art. 237, Art. 110, Art. 178, Art. 215 and Art. 238)

11.4 Application of sanctions by courts

• 11.4.1 Financial penalties for legal persons

  Summary / Citation: Persons contravening articles 6 (concerning child labour) and 8 (concerning the principle of equal treatment) shall be liable to a fine from 300,000 to 600,000 F (from 568.52 in 1137.05 USD approximately) and to imprisonment from one to six months or to one of these penalties.
  A recurrent offense is punished by a fine from 600,000 to 1,200,000 F (from 1137.05 to 2274.53 USD approximately), and by an imprisonment from two to twelve months.
  (Labour Code, Art. 16)

  Fine imposed according to the Labour Code, is imposed as many times as there are infringements, however, the total fines imposed shall not exceed fifty times of maximum rates.
  (Labour Code, Art. 17)

  Persons contravening articles 160 to 172 (concerning night work and woman and child night work) and 177 (concerning child labour) are punished by a fine from 30,000 to 300,000 FCFA (56.82 to 568.26 USD approximately) and in case of recurrence by a fine of 60,000 francs (113.665 USD approximately) and by imprisonment penalty from two to six months or by one of these sentences.
  Persons contravening article 177 (paragraph 3) concerning the worst form of child labour is punished by a fine of 5,000,000 francs (9,530.01 USD approximately) and by imprisonment of 5 years excluded from the conditional sentence regime. In case of recurrence, penalties shall be doubled.
  (Art. 195, Ordonnance n°018/PR/2010 du 25 février 2010 portant modification de certaines dispositions du Code du travail de la République Gabonaise)

  Persons contravening article 291 (about missions of workers’ delegates) are punished by a fine from 24,000 to 200,000 CFA francs (about 45.45 to 378.80 USD approximately) and, in case of recurrence by a fine from 100,000 to 500,000 CFA francs (189.40 to 947.01 USD approximately) and by imprisonment from one to six months or by one of these sentences.
  (Labour Code, Art. 312)
  

  • Ordonnance n° 018/PR/2010 du 25 février 2010 portant modification de certaines dispositions du Code du Travail de la République gabonaise. (Art. 195)

  • Loi n° 3/94 du 21 novembre 1994 portant Code du travail. (Art. 16, Art. 17 and Art. 312)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
  

• 11.4.2 Financial penalties for natural persons

  Summary / Citation: Fine imposed according to the Labour Code, is imposed as many times as there are infringements, however, the total fines imposed shall not exceed fifty times of maximum rates.
  (Labour Code, Art. 17)

  Persons contravening articles 160 to 172 (concerning night work and woman and child night work) and 177 (concerning child labour) are punished by a fine from 30,000 to 300,000 FCFA (56.82 to 568.26 USD approximately) and in case of recurrence by a fine of 60,000 francs (113.665 USD approximately) and by imprisonment penalty from two to six months or by one of these sentences.
  Persons contravening of article 177 (paragraph 3) concerning the worst form of child labour is punished by a fine of 5,000,000 francs (9,530.01 USD approximately) and by imprisonment of 5 years excluded from the conditional sentence regime. In case of recurrence, penalties shall be doubled.
  (Art. 195) b), Ordonnance n°018/PR/2010 du 25 février 2010 portant modification de certaines dispositions du Code du travail de la République Gabonaise)

  Heads of establishments or managing directors who infringed provisions contained in the Title 4 “occupational safety and health” of the Labour Code shall be punished by a fine from 300,000 à 500,000 FCFA (about 570.12 à 950.20 USD approximately).
  (Labour Code, Art. 227)

  Labour inspectors shall not have any interest, direct or indirect, in enterprises under their control.
  (Labour Code, Art. 232)
  Persons contravening article 232 of the Labour Code shall be punished by a fine from 100,000 à 500,000 FCFA (189.40 to 947.01 USD approximately) and by imprisonment from three to eight months.
  In case of recurrence, the fine shall be between 100,000 à 500,000 FCFA (947.01 USD to 1893.99 USD approximately) and the imprisonment sentence from 6 to 36 months.
  (Labour Code, Art. 249)
  

  • Ordonnance n° 018/PR/2010 du 25 février 2010 portant modification de certaines dispositions du Code du Travail de la République gabonaise. (Art. 195)

  • Loi n° 3/94 du 21 novembre 1994 portant Code du travail. (Art. 17, Art. 227, Art. 232, Art. 249)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
  

• 11.4.3 Non-financial sanctions

  Summary / Citation: In the event of an occupational accident where serious and repeated infringements to occupational safety and health provisions have been noticed, the Court shall, even if it decides not to prosecute natural persons from the company, require the company to take all measures to restore the normal conditions of occupational safety and health.
  For this purpose, the court requires the company to submit in a certain time limit an implementation plan of these measures and with the reasoned opinion of workers’ delegates and the occupational safety and health committee.
  Following the opinion of the labour inspector, the court shall approve the plan and shall set a deadline for the manager to implement the plan.
  The labour inspector monitors the execution of the prescribed measures. If it is necessary, the labour inspector shall bring the situation before the judge for a summary judgement, the judge may order the total or partial closure of the establishment during the time period needed to ensure the execution of the measures.
  The manager who, during the time-limits, does not present or execute the plan approved by the court is punished by a fine from 200,000 to 10,000,000 FCFA (379.95 to 18,997.06 USD approximately).
  (Labour Code, Art. 228)

  In case of recurrence, offenders who breached occupational safety and health regulations are punished by imprisonment from 2 months to 1 year and by a fine from 400,000 to 15,000,000 FCFA (from 760.05 to 28,495.31 USD approximately).
  However, a new infringement may not be observed during the time limit provided.
  In case of recurrence, the criminal court may order the total or partial, permanently or temporarily closure.
  (Labour Code, Art. 229)
  

  • Loi n° 3/94 du 21 novembre 1994 portant Code du travail. (Art. 228 and Art. 229)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
  

• 11.4.4 Criminal liability

  Summary / Citation: In case of recurrence, offenders who breached occupational safety and health regulations are punished by imprisonment from 2 months to 1 year and by a fine from 400,000 to 15,000,000 FCFA (from 760.05 to 28,495.31 USD approximately).
  However, a new infringement may not be observed during the time limit provided.
  In case of recurrence, the criminal court may order the total or partial, permanently or temporarily closure.
  (Labour Code, Art. 229)

  Criminal Code’s provisions which provide and punish acts of resistance, violence and insults against police officers are applicable to protect labour inspectors and controllers.
  (Labour Code, Art. 248)

  Any person who by a lack of caution, inattention, or disregard of rules, causes with no intention death, is punished by a imprisonment from 3 months to 5 years and by a fine from 24,000 to 1,000,000 francs (from 44.86 to 1,893.99 USD approximately).
  (Criminal Code, Art. 246)

  If the lack of caution results in injuries, physically damages or diseases, which cause a complete inability to work for more than 8 days, the offender is punished by imprisonment from 1 month to 2 years and by a fine from 24,000 to 500,000 francs (from 44.86 to 947.01 USD approximately), or one of these penalties.
  (Criminal Code, Art. 247)
  

  • Loi n° 3/94 du 21 novembre 1994 portant Code du travail. (Art. 229, Art. 248 and Art. 246)

  • Loi no 21/63 du 31 mai 1963 portant Code pénal. (Art. 246 and Art. 247)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
  

• 11.4.5 Terms of imprisonment for natural persons

  Summary / Citation: Persons contravening articles 160 to 172 (concerning night work and woman and child night work) and 177 (concerning child labour) are punished by a fine from 30,000 to 300,000 FCFA (56.82 to 568.26 USD approximately) and in case of recurrence by a fine of 60,000 francs (113.665 USD approximately) and by imprisonment penalty from two to six months or by one of these sentences.
  Persons contravening of article 177 (paragraph 3) concerning the worst form of child labour is punished by a fine of 5,000,000 francs (9,530.01 USD approximately) and by imprisonment of 5 years excluded from the conditional sentence regime. In case of recurrence, penalties shall be doubled.
  (Art. 195) b), Ordonnance n°018/PR/2010 du 25 février 2010 portant modification de certaines dispositions du Code du travail de la République Gabonaise)

  Persons contravening article 291 (about missions of workers’ delegates) are punished by a fine from 24,000 to 200,000 CFA francs (about 45.45 to 378.80 USD approximately) and, in case of recurrence by a fine from 100,000 to 500,000 CFA francs (189.40 to 947.01 USD approximately) and by imprisonment from one to six months or by one of these sentences.
  (Labour Code, Art. 312)

  Any person who by a lack of caution, inattention, or disregard of rules, causes with no intention death, is punished by a imprisonment from 3 months to 5 years and by a fine from 24,000 to 1,000,000 francs (from 44.86 to 1,893.99 USD approximately).
  (Criminal Code, Art. 246)

  If the lack of caution results in injuries, physically damages or diseases, which cause a complete inability to work for more than 8 days, the offender is punished by imprisonment from 1 month to 2 years and by a fine from 24,000 to 500,000 francs (from 44.86 to 947.01 USD approximately), or one of these penalties.
  (Criminal Code, Art. 247)

  In case of recurrence, offenders who breached occupational safety and health regulations are punished by imprisonment from 2 months to 1 year and by a fine from 400,000 to 15,000,000 FCFA (from 760.05 to 28,495.31 USD approximately).
  However, a new infringement may not be observed during the time limit provided.
  In case of recurrence, the criminal court may order the total or partial, permanently or temporarily closure.
  (Labour Code, Art. 229)

  • Ordonnance n° 018/PR/2010 du 25 février 2010 portant modification de certaines dispositions du Code du Travail de la République gabonaise. (Art. 195)

  • Loi n° 3/94 du 21 novembre 1994 portant Code du travail. (Art. 312 and Art. 229)

  • Loi no 21/63 du 31 mai 1963 portant Code pénal. (Art. 246 and Art. 247)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018