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Occupational Safety and Health (OSH)
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Guinea - 2015

Themes

  1. Description of national OSH regulatory framework
  2. Scope, coverage and exclusions
  3. Institutions and programmes relating to OSH administration and/or enforcement
  4. Employers’ duties and responsibilities to protect the safety and health of workers and others
  5. Employers’ duty to organize prevention formally along generally accepted OSH management principles and practices
  6. Employers’ duty to ensure availability of expertise and competence in health and safety
  7. Workers' rights and duties
  8. Consultation, collaboration and co-operation with workers and their representatives
  9. Specific hazards or risks
  10. Recording, notification and investigation of accidents/incidents and diseases
  11. OSH inspection and enforcement of OSH legislation

  • 1 Description of national OSH regulatory framework

  • 2 Scope, coverage and exclusions

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

    • 3.1 Competent national authority for safety and health at work

      Summary/citation: The Minister of Labour is the competent national authority for safety and health at work.

      • Loi n° L/2014/072/CNT du 10 janvier 2014 portant Code du travail de la République de Guinée. (Art. 231.4)

      Related CEACR Comments
      • Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) Direct Request 2021

    • 3.2 National OSH research programme or institute

      Summary/citation: A Consultative Commission of Labour and Social Laws is established within the Minister of Labour.
      (Art. 515.1)

      Labour inspectors have a mission of information, they give advice to employers and workers; they also conduct studies and surveys on social and economic issues at the request of the Minister of Labour. The Labor Inspectorate shall be informed of all occupational accidents and occupational diseases in the cases and in the manner prescribed by the law. The labour inspector carries out investigations into the causes, circumstances and responsibilities.
      (Art. 513.7)

      Remarks / comments: In Guinea there is not a national OSH research programme or institute. However, other authorities have research functions in the field of OSH, as explained above.

      • Loi n° L/2014/072/CNT du 10 janvier 2014 portant Code du travail de la République de Guinée. (Art. 513.7 and 515.1)

      Related CEACR Comments
      • Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) Direct Request 2021

      • 3.2.1 Objectives, roles and/or functions

        Summary/citation: A Consultative Commission of Labour and Social Laws is established within the Minister of Labour. Its permanent mission are namely to study the problems concerning work, employment, social security, hygiene, health and safety in companies, vocational training, improving working conditions and fundamental freedoms. (...)
        The Consultative Commission of Labour and Social Laws shall be consulted concerning the development of all legislation concerning the following areas: labour, employment, continuing education, social security, hygiene, health and safety at work. In order to achieve this, it issues opinions and makes proposals and resolutions on the laws and regulations to be adopted in such matters.
        The Commission must give its opinion on the texts submitted to it within thirty days following referral except in cases of force majeure. This period may be reduced to ten working days in case of emergency.
        (Art. 515.1)

        Labour inspectors have a mission of information, they give advice to employers and workers; they also conduct studies and surveys on social and economic issues at the request of the Minister of Labour. The Labor Inspectorate shall be informed of all occupational accidents and occupational diseases in the cases and in the manner prescribed by the law. The labour inspector carries out investigations into the causes, circumstances and responsibilities.
        (Art. 513.7)

        • Loi n° L/2014/072/CNT du 10 janvier 2014 portant Code du travail de la République de Guinée. (Art. 513.7 and 515.1)

      • 3.2.2 Governance board constitution and chairmanship

        Summary/citation: The Consultative Commission of Labour and Social Laws is chaired by the Minister of Labour or his/her representative. When appointing the members, the principle of equality between men and women must be taken into account.
        It is composed of persons appointed by order of the Minister of Labour after consultation with the competent authorities of the relevant departments and with the employers 'and workers' representative organizations:
        - Eight employers' representatives and eight representatives of workers' organizations in private and mixed sectors;
        - Two representatives of the Ministry of Labour and Public Service;
        - A representative of the Ministry of the Budget;
        - A magistrate of the Ministry of Justice;
        - Two representatives of the Ministry of Employment;
        - A top executive of the body responsible for Social Security;
        - A representative of the Ministry of Health.
        The Consultative Commission of Labour and Social Laws is composed of full and alternate members in equal numbers. The full members and alternate members are all appointed by order of the Minister of Labour.
        The administration of the Consultative Commission of Labour and Social Laws is ensured by an Office composed of:
        - The Minister for Labour or his/her representative: Chairman;
        - A representative of employers: 1st Vice President;
        - A representative of workers: 2nd Vice President;
        - A Secretariat provided by the National Directorate for Labour and Social Laws.
        Depending on the agenda, the Commission may appoint a person on an advisory basis, as well as any technician or expert in his field.
        (Article 515.3)
        An order of the Minister of Labour shall determine the conditions of organization and functioning of the Consultative Commission of Labour and Social Laws.
        (Art. 515.4)

        • Loi n° L/2014/072/CNT du 10 janvier 2014 portant Code du travail de la République de Guinée. (Arts. 515.3 and 515.4)

      • 3.2.3 Source of funding

        No data available.

    • 3.3 National OSH programme

      No data available.

      Related CEACR Comments
      • Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) Direct Request 2021

      • 3.3.1 Consultation on the national OSH programme

        No data available.

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

    • 4.1 Duty to ensure the health and safety of employees

      Summary/citation: In order to protect the life and health of the employees, the employer is required to take all necessary measures adapted to the operating conditions of the business. The employer must namely develop facilities and regulates the workflow in order to preserve the workers the best as possible from accidents and diseases.
      (…)
      Directors of undertakings, managers or employees who perform work with special risks to the health of the employees are required to mention the exact nature of the work in a statement they make to the labor inspector and the medical officer. They are responsible for the application to employees of protection measures provided for this purpose.

      Special provisions applying for construction:
      Contractors undertaking the construction or development of buildings for the purpose of the exercise of an industrial, commercial or agricultural activity are required to comply with the rules set by ministerial decrees regarding hygiene and safety.
      (Art. 231.22)

      • Loi n° L/2014/072/CNT du 10 janvier 2014 portant Code du travail de la République de Guinée. (Art. 231.2 and 231.22)

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

      No data available.

    • 4.3 Collaboration among two or more employers at the same workplace

      Summary/citation: Are subject to the provisions of this title all companies and all institutions referred to in Article 211.2 of the Labour Code. Establishments or enterprises engaged in activities simultaneously at the same place of work must collaborate in order to implement the measures required by this title, without prejudice of the responsibility of each director in regard to the health and safety of workers.

      • Loi n° L/2014/072/CNT du 10 janvier 2014 portant Code du travail de la République de Guinée. (Art. 231.1)

    • 4.4 Surveillance of workers’ health in relation to work

      Summary / Citation: Employers shall give to their employees a medical examination at least once a year in order to ensure their good health and their aptitude for the job they performed. These reviews are provided by the medical service at work of the company or the national medical service.

      • Loi n° L/2014/072/CNT du 10 janvier 2014 portant Code du travail de la République de Guinée. (Art. 232.1)

      • 4.4.1 Specific hazards for which surveillance is required

        No data available.

    • 4.5 Surveillance of the working environment and working practices

      Summary / Citation: Institutions referred to in Article 211.2 of the Labour Code shall be kept in a permanent state of cleanliness and provides for necessary health and safety conditions for the health of the staff.

      • Loi n° L/2014/072/CNT du 10 janvier 2014 portant Code du travail de la République de Guinée. (Art. 231.11)

    • 4.6 Duty to provide personal protective equipment

      Summary / Citation: In order to protect the life and health of the employees, the employer is required to take all necessary measures adapted to the operating conditions of the business. The employer must namely develop facilities and regulates the workflow in order to preserve the workers the best as possible from accidents and diseases.
      (Art. 231.2)

      When workers are required to work in wells, gas lines, smoke channels, cesspools, tanks or devices that can contain harmful gases, the management of the company shall, wherever technically possible, ensure a sufficient ventilation of these places and allow the start of work only after checking the state of the atmosphere, and provide, when appropriate, devices protecting employees against existing risks.
      Employees shall be attached by a belt or a safety device; they must receive for the duration of their work the supervision of other employees in charge of operating potential rescue; they must have at their disposal a means to alert in all circumstances the persons responsible for their supervision.
      The employer has the obligation to make available to the worker a personal protective equipment when collective technical prevention measures are inadequate.
      All means of protection shall be provided by the employer at no cost.
      (Art. 231.14)

      • Loi n° L/2014/072/CNT du 10 janvier 2014 portant Code du travail de la République de Guinée. (Art. 232.2 and 231.14)

      Related CEACR Comments
      • Safety Provisions (Building) Convention, 1937 (No. 62) Observation 2014
      • Safety Provisions (Building) Convention, 1937 (No. 62) Direct Request 2016
      • Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Observation 2012
      • Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Direct Request 2015

    • 4.7 Duty to ensure the usage of personal protective equipment

      No data available.

    • 4.8 Duty to provide first-aid and welfare facilities

      Yes.

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

    • 5.1 Elements of an OSH management system

      Sometimes.

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

        Summary/citation: The elaboration of rules of procedure is compulsory in any company and establishment normally employing at least twenty-five employees.
        (Art. 211.1)

        The rules of procedure is a written document by which the employer sets the general and permanent rules relating to discipline, by determining the nature and scale of the penalties that may be imposed as well as the procedural provisions guaranteeing the rights of defense, hygiene and security application in any establishment or enterprise.
        (Art. 211.3)

        Special provisions for construction:
        Companies working on a construction site exceeding an amount fixed by regulation shall before working on the site present a hygiene, safety and security plan at work to the person in charge.
        The plan must also be submitted for review to occupational physicians of the companies. The final plan must be communicated to the labour inspector before starting the work.
        (Art. 231.24)

        The health and safety plan shall indicate in detail for all work directly performed or subcontracted:
        - The measures planned during the concept phase of the project and during its implementation, to ensure the security of the staff, given the construction techniques employed and the site organization;
        - The provisions for ensuring first aid to the sick persons and to the victims of workplace accidents;
        - The provisions adopted to ensure the hygiene conditions of work and on the premises.
        (Art. 231.25)

        • Loi n° L/2014/072/CNT du 10 janvier 2014 portant Code du travail de la République de Guinée. (Arts. 211.1, 211.3, 231.24 and 231.25)

      • 5.1.2 Appointment of a person for health and safety

        No data available.

      • 5.1.3 Written risk assessment

        No data available.

      • 5.1.4 Safe operating work systems and procedures

        No data available.

      • 5.1.5 Training and information on risks

        Summary/citation: All directors of company are under the duty to organize an appropriate practical training on security, hygiene and health at work to the workers hired, those who change of positions or processes, and those who return to work after a work stoppage for a period of more than six months. This training must be updated for the benefit of all staff in the event of changes in legislation or regulation.

        • Loi n° L/2014/072/CNT du 10 janvier 2014 portant Code du travail de la République de Guinée. (Art. 231.6)

      • 5.1.6 Review or assessment of the results of preventive measures

        No data available.

      • 5.1.7 Consultation with workers in health and safety

        No data available.

    • 5.2 Obligation to implement a specific OSH management system or standard

      No data available.

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

    • 6.1 OSH competence

      Yes.

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

        Summary / Citation: All companies as described under Article 211.2 of the Labour Code are subject to the provisions of this chapter. The employers concerned must organize medical services at work in the company for the benefit of all workers. The occupational medical service is a service present on the work premises or near them, in order to:
        - Ensure the protection of workers against any injury to health arising from their work or the conditions in which the work is carried on;
        - Contribute to the adaptation of posts, techniques and work patterns to human physiology;
        - Contribute to the establishment and maintenance of the highest attainable standard of physical and mental well-being of workers;
        - Contribute to the workers’ health education to behave in accordance with the standards and occupational health regulations.
        (...)
        (Art. 232.1)

        Medical services may belong to one single company or belong to several (in common). In the case of services common to several companies, the costs are allocated proportionately to the number of employees in the company. An order of the Minister of Labour, after consultation of the Minister of Health, determines the implementing rules of this obligation.
        (Art. 232.4)

        Companies subject to the provisions of this chapter are thus classified:
        - First category: 500 workers or more;
        - Second category: 200 to 499 workers;
        - Third category: 20-199 employees;
        - Fourth category: less than 20 workers.
        It is intended as a minimum:
        1- In the establishments mentioned in the 1st category: the permanent services of a occupational physician, a nurse up to 500 workers and an additional nurse above this number and per 500 workers. When the institution has less than 1,000 workers and is located less than 25 km from a medical center, it could be classified under the 2nd category by decision of the Minister of Labour after consultation of the Minister of Health;
        2- In establishments mentioned in the 2nd category: periodical assistance of a doctor (occupational physician or a general practitioner) and permanent services of a nurse;
        3- In the establishments mentioned in the 3rd category: periodical assistance of a doctor (occupational physician or a general practitioner) and permanent services of a nurse;
        4- In the establishments mentioned in the 4th category: the installation of first aid kits and possibly the establishment of inter-company health services at work.
        (Art. 232.5)

        • Loi n° L/2014/072/CNT du 10 janvier 2014 portant Code du travail de la République de Guinée. (Arts. 232.1, 232.4 and 232.5)

        • 6.1.1.1 Qualifications of experts or professional services

          Summary / Citation: Medical service at the workplace is ensured by a medical and paramedical staff holding an certification issued by the Minister of Health and their primarily preventive role consists of avoiding any alteration to the workers' health due to their work, including by monitoring hygiene conditions at the workplace, the risk of contagion and the workers' health. Whenever possible, the occupational physician is a specialist.

          • Loi n° L/2014/072/CNT du 10 janvier 2014 portant Code du travail de la République de Guinée. (Art. 232.2)

    • 6.2 Appointment of an OSH practitioner

      No data available.

      • 6.2.1 Workforce size threshold for the appointment of OSH practitioners

        No data available.

  • 7 Workers' rights and duties

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

      Summary / Citation: Employees must properly use health and safety devices and refrain from removing them, even with the consent of the employer. They can modify them only with the permission of the employer and under the condition that this modification does not lead to the ineffectiveness of the devices.

      • Loi n° L/2014/072/CNT du 10 janvier 2014 portant Code du travail de la République de Guinée. (Art. 231.3)

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

      No data available.

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

      No data available.

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

      No data available.

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

      Summary / Citation: Employees must properly use health and safety devices and refrain from removing them, even with the consent of the employer. They can modify them only with the permission of the employer and under the condition that this modification does not lead to the ineffectiveness of the devices.

      • Loi n° L/2014/072/CNT du 10 janvier 2014 portant Code du travail de la République de Guinée. (Art. 231.3)

    • 7.6 Duty to comply with OSH-related requirements

      Summary / Citation: Employees must properly use health and safety devices and refrain from removing them, even with the consent of the employer. They can modify them only with the permission of the employer and under the condition that this modification does not lead to the ineffectiveness of the devices.

      • Loi n° L/2014/072/CNT du 10 janvier 2014 portant Code du travail de la République de Guinée. (Art. 231.3)

    • 7.7 Right to enquire about risks and preventive measures

      No data available.

    • 7.8 Right to remove themselves from a dangerous situation

      No data available.

    • 7.9 Right to be reassigned to non-hazard work

      No data available.

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

        No data available.

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

    • 8.1 National OSH committee, commission, council or similar body

      Summary / Citation: A Consultative Commission of Labour and Social Laws is established within the Minister of Labour.

      Special provisions for construction:
      A technical committee on the prevention of occupational risks shall be created. Its role is to give technical advice and to make proposals to the attention of the Consultative Commission on Labour and Social Laws on draft legislation and regulations to be adopted regarding hygiene, safety and health.
      (Art. 231.26)
      An order of the Minister of labor determines the composition, organization and operating conditions of the technical committee on the prevention of occupational risks after consultation with the Consultative Commission on Labour and Social Laws.
      (Art. 231.27)

      • Loi n° L/2014/072/CNT du 10 janvier 2014 portant Code du travail de la République de Guinée. (Art. 515.1)

      Related CEACR Comments
      • Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) Direct Request 2021

      • 8.1.1 Objectives, roles and/or functions

        Summary / Citation: A Consultative Commission of Labour and Social Laws is established within the Minister of Labour. Its permanent mission are namely to study the problems concerning work, employment, social security, hygiene, health and safety in companies, vocational training, improving working conditions and fundamental freedoms. (...)
        The Consultative Commission of Labour and Social Laws shall be consulted concerning the development of all legislation concerning the following areas: labour, employment, continuing education, social security, hygiene, health and safety at work. In order to achieve this, it issues opinions and makes proposals and resolutions on the laws and regulations to be adopted in such matters.
        The Commission must give its opinion on the texts submitted to it within thirty days following referral except in cases of force majeure. This period may be reduced to ten working days in case of emergency.

        Special provisions for construction:
        A technical committee on the prevention of occupational risks shall be created. Its role is to give technical advice and to make proposals to the attention of the Consultative Committee on Labour and Social Laws on draft legislation and regulations to be adopted regarding hygiene, safety and health.
        (Art. 231.26)

        • Loi n° L/2014/072/CNT du 10 janvier 2014 portant Code du travail de la République de Guinée. (Art. 515.1)

      • 8.1.2 Constitution and chairmanship modalities

        Summary / Citation: The Consultative Commission of Labour and Social Laws is chaired by the Minister of Labour or his/her representative. When appointing the members, the principle of equality between men and women must be taken into account.
        It is composed of persons appointed by order of the Minister of Labour after consultation with the competent authorities of the relevant departments and with the employers 'and workers' representative organizations:
        - Eight employers' representatives and eight representatives of workers' organizations in private and mixed sectors;
        - Two representatives of the Ministry of Labour and Public Service;
        - A representative of the Ministry of the Budget;
        - A magistrate of the Ministry of Justice;
        - Two representatives of the Ministry of Employment;
        - A top executive of the body responsible for Social Security;
        - A representative of the Ministry of Health.
        The Consultative Commission of Labour and Social Laws is composed of full and alternate members in equal numbers. The full members and alternate members are all appointed by order of the Minister of Labour.
        The administration of the Consultative Commission of Labour and Social Laws is ensured by an Office composed of:
        - The Minister for Labour or his/her representative: Chairman;
        - A representative of employers: 1st Vice President;
        - A representative of workers: 2nd Vice President;
        - A Secretariat provided by the National Directorate for Labour and Social Laws.
        Depending on the agenda, the Commission may appoint a person on an advisory basis, as well as any technician or expert in his field.
        (Article 515.3)
        An order of the Minister of Labour shall determine the conditions of organization and functioning of the Consultative Commission of Labour and Social Laws.
        (Art. 515.4)

        The technical committee of the prevention of occupational risks: No data available

        • Loi n° L/2014/072/CNT du 10 janvier 2014 portant Code du travail de la République de Guinée. (Arts. 515.3 and 515.4)

    • 8.2 Employers’ duty to consult workers on risks

      No data available.

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

      Summary / Citation: Workers can elect their trade union delegates.
      (Article 330.1)
      The election takes place during working hours. The ballot is secret.
      (Article 331.5)

      • Loi n° L/2014/072/CNT du 10 janvier 2014 portant Code du travail de la République de Guinée. (Arts. 515.1 and 330.1)

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

        Summary / Citation: In all private companies, whatever their legal form and object are, in which are usually employed at least twenty-five employees, staff elects one or several trade union delegates.
        (Article 330.1)

        Elections are held either within the company or within the establishments. The number of representatives is based on the workforce of the unit in which the election is held; alternate representatives are elected at the same time as the official representatives and in equal number.
        The number of elected official representatives is set as follows:
        - 25 workers: one official and one alternate representative;
        - 26 to 100 workers: two officials and two alternate representatives;
        - 101 to 200 workers: 3 officials and 3 alternate representatives;
        - 201 to 350 workers: 4 officials and 4 alternate representatives;
        - 351 to 600 workers: 5 officials and 5 alternate representatives;
        Beyond 600 workers, one official and one alternate representative for each additional 400 workers.
        (Art. 331.2)

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

        Summary / Citation: All employees form a single electoral college within the company or within the institution. All employees of the company or establishment having at least three months of service are voters. All employees of the company or institution having at least one year of service are eligible to become representatives.

        • Loi n° L/2014/072/CNT du 10 janvier 2014 portant Code du travail de la République de Guinée. (Art. 331.3)

    • 8.4 OSH representatives’ functions, rights and powers

      Yes.

      • 8.4.1 Right to inspect the workplace

        Summary / Citation: Trade union delegates: Article 333.1: Trade union delegates are responsible for:
        1. Ensuring the implementation of requirements relating to hygiene and safety of workers and for providing all appropriate measures in this regard;
        2. Presenting to employers all individual or collective complaints concerning working conditions, remuneration and employment;
        3. Informing the labor inspector of claims regarding the application of the legal and regulatory requirements;
        4. Negotiating company collective agreements with the director of the company, subjet to the provisions of Article 412.2 of the Labour Code;
        5. Filing the notice of strike;
        6. Exercising any function as given under this Code.

        • Loi n° L/2014/072/CNT du 10 janvier 2014 portant Code du travail de la République de Guinée. (Art. 333.1)

      • 8.4.2 Right to access OSH information

        No data available.

      • 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

        No data available.

      • 8.4.6 Right to use facilities

        Summary / Citation: Trade union delegates: Article 333.4: The director of the undertaking shall make available a suitable premise at the disposal of the trade union delegates.

        • Loi n° L/2014/072/CNT du 10 janvier 2014 portant Code du travail de la République de Guinée. (Art. 333.4)

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

        Summary / Citation: Trade union delegates: Article 333.3: To exercise his/her various functions, each trade union delegate has fifteen hours a month paid as working time. During the hours of delegation, union representatives can freely move within the company or establishment, subject to health and safety provisions.
        They may also, for the same hours, perform movements outside of the company related to the exercise of their mission.
        The time spent by the delegates to negotiate with the director of the company the collective agreements is not deducted from the credit of fifteen hours of delegation; it is paid as working time. The number of hours of delegation allocated under the Labour Code may be increased by collective bargaining.

        • Loi n° L/2014/072/CNT du 10 janvier 2014 portant Code du travail de la République de Guinée. (Art. 333.3)

      • 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: Trade union delegates: Article 333.1: Trade union delegates are responsible for among others:
        - Presenting to employers all individual or collective complaints concerning working conditions, remuneration and employment;
        - Negotiating company collective agreements with the director of the company, subjet to the provisions of Article 412.2 of the Labour Code.

        • Loi n° L/2014/072/CNT du 10 janvier 2014 portant Code du travail de la République de Guinée. (Art.333.1)

      • 8.4.10 Right to direct that dangerous work cease

        No data available.

    • 8.5 Right of workers’ representatives from outside the undertaking to address OSH issues at the workplace

      No data available.

      • 8.5.1 Right to enter the workplace

        No data available.

      • 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.

      • 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

      Summary / Citation: All establishments or undertakings regularly employing at least twenty-five employees shall establish a safety and health committee.

      • Loi n° L/2014/072/CNT du 10 janvier 2014 portant Code du travail de la République de Guinée. (Art. 231.2)

    • 8.7 Mandatory training for members of joint OSH committee(s)

      No data available.

    • 8.8 Protection against reprisals

      Summary / Citation: The director of the company has the power to decide immediately, on a temporary basis, the suspension to work of a trade union delegate who has committed gross negligence. This suspension suspends the employment contract. The company director shall notify the labor inspector that suspension within forty-eight hours from the moment the suspension is effective, and request by the same act the authorization for the dismissal. In case the request is not sent within 48 hours or in case the authorization for dismissal is not granted, the suspension is null and void.
      (Article 332.1)

      The dismissal of a union delegate cannot take place without authorization of the labour inspector.
      (Article 332.2)

      • Loi n° L/2014/072/CNT du 10 janvier 2014 portant Code du travail de la République de Guinée. (Arts. 332.1, 332.2)

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

      No data available.

  • 9 Specific hazards or risks

    • 9.1 Biological hazards

      Summary / Citation: Without prejudice to the application of the legislation, regulations or agreements in force, sellers or distributors of hazardous substances or preparations, as well as directors of company where those substances are used, are under the obligation to fix a label or inscription on all container, bag or envelop containing these substances mentioning the name as well as the origin of those substances or preparations and the dangers faced in case of utilisation. These indications must be reproduced on invoices or delivery notes. The containers, bags or envelopes containing dangerous substances or preparations must be solid and tight. Orders of the Minister of Labour issued after consultation with the Advisory Committee of Labour and Social Laws determine the nature of any substance or preparation provided for in the preceding paragraph and the proportion above which their presence in a complex product makes compulsory affixing the label or registration mentioned above.
      (Art. 231.9)

      With regard to the interest of hygiene, safety and health at work, the manufacture, sale, offer for sale, import, termination for any reason and the use of dangerous substances and preparations for workers can be limited, restricted or prohibited. These regulatory restrictions or prohibitions may be established even if the use of such substances or preparations would be the fact the director of the company or of a self-employed person. The labour inspector may, after consulting the labour physician, require the director of the company to conduct analyses (made by appropriate organisations) of the products mentioned above in order to know its composition and effects on the human body.
      (Art. 231.10)

      • Loi n° L/2014/072/CNT du 10 janvier 2014 portant Code du travail de la République de Guinée. (Arts. 231.9 and 231.10)

    • 9.2 Chemical hazards

      Yes.

      • 9.2.1 Handling, storage, labelling and use

        Summary / Citation: Without prejudice to the application of the legislation, regulations or agreements in force, sellers or distributors of hazardous substances or preparations, as well as directors of company where those substances are used, are under the obligation to fix a label or inscription on all container, bag or envelop containing these substances mentioning the name as well as the origin of those substances or preparations and the dangers faced in case of utilisation. These indications must be reproduced on invoices or delivery notes. The containers, bags or envelopes containing dangerous substances or preparations must be solid and tight. Orders of the Minister of Labour issued after consultation with the Advisory Committee of Labour and Social Laws determine the nature of any substance or preparation provided for in the preceding paragraph and the proportion above which their presence in a complex product makes compulsory affixing the label or registration mentioned above.
        (Art. 231.9)

        With regard to the interest of hygiene, safety and health at work, the manufacture, sale, offer for sale, import, termination for any reason and the use of dangerous substances and preparations for workers can be limited, restricted or prohibited. These regulatory restrictions or prohibitions may be established even if the use of such substances or preparations would be the fact the director of the company or of a self-employed person. The labour inspector may, after consulting the labour physician, require the director of the company to conduct analyses (made by appropriate organisations) of the products mentioned above in order to know its composition and effects on the human body.
        (Art. 231.10)

        • Loi n° L/2014/072/CNT du 10 janvier 2014 portant Code du travail de la République de Guinée. (Arts. 231.9 and 231.10)

        Related CEACR Comments
        • Benzene Convention, 1971 (No. 136) Observation 2014
        • Benzene Convention, 1971 (No. 136) Direct Request 2015

      • 9.2.2 Duty of manufacturers, suppliers and importers of chemicals in relation to the safety and health of users

        Summary / Citation: Without prejudice to the application of the legislation, regulations or agreements in force, sellers or distributors of hazardous substances or preparations, as well as directors of company where those substances are used, are under the obligation to fix a label or inscription on all container, bag or envelop containing these substances mentioning the name as well as the origin of those substances or preparations and the dangers faced in case of utilisation. These indications must be reproduced on invoices or delivery notes. The containers, bags or envelopes containing dangerous substances or preparations must be solid and tight. Orders of the Minister of Labour issued after consultation with the Advisory Committee of Labour and Social Laws determine the nature of any substance or preparation provided for in the preceding paragraph and the proportion above which their presence in a complex product makes compulsory affixing the label or registration mentioned above.
        (Art. 231.9)

        With regard to the interest of hygiene, safety and health at work, the manufacture, sale, offer for sale , import, termination for any reason and the use of dangerous substances and preparations for workers can be limited, restricted or prohibited. These regulatory restrictions or prohibitions may be established even if the use of such substances or preparations would be the fact the director of the company or of a self-employed person. The labour inspector may, after consulting the labour physician, require the director of the company to conduct analyses (made by appropriate organisations) of the products mentioned above in order to know its composition and effects on the human body.
        (Art. 231.10)

        • Loi n° L/2014/072/CNT du 10 janvier 2014 portant Code du travail de la République de Guinée. (Arts. 231.9 and 231.10)

        Related CEACR Comments
        • Benzene Convention, 1971 (No. 136) Observation 2014
        • Benzene Convention, 1971 (No. 136) Direct Request 2015

      • 9.2.3 Pesticides

        No data available.

    • 9.3 Ergonomic hazards

      No data available.

    • 9.4 Physical hazards

      Sometimes.

    • 9.5 Psychosocial hazards

      No data available.

      • 9.5.1 Psychosocial risks

        No data available.

      • 9.5.2 Occupational violence

        No data available.

    • 9.6 Other hazardous substances

      Summary / Citation: Without prejudice to the application of the legislation, regulations or agreements in force, sellers or distributors of hazardous substances or preparations, as well as directors of company where those substances are used, are under the obligation to fix a label or inscription on all container, bag or envelop containing these substances mentioning the name as well as the origin of those substances or preparations and the dangers faced in case of utilisation. These indications must be reproduced on invoices or delivery notes. The containers, bags or envelopes containing dangerous substances or preparations must be solid and tight. Orders of the Minister of Labour issued after consultation with the Advisory Committee of Labour and Social Laws determine the nature of any substance or preparation provided for in the preceding paragraph and the proportion above which their presence in a complex product makes compulsory affixing the label or registration mentioned above.
      (Art. 231.9)

      With regard to the interest of hygiene, safety and health at work, the manufacture, sale, offer for sale, import, termination for any reason and the use of dangerous substances and preparations for workers can be limited, restricted or prohibited. These regulatory restrictions or prohibitions may be established even if the use of such substances or preparations would be the fact the director of the company or of a self-employed person. The labour inspector may, after consulting the labour physician, require the director of the company to conduct analyses (made by appropriate organisations) of the products mentioned above in order to know its composition and effects on the human body.
      (Art. 231.10)

      • Loi n° L/2014/072/CNT du 10 janvier 2014 portant Code du travail de la République de Guinée. (Arts. 231.9 and 231.10)

    • 9.7 Machineries

      Yes.

      • 9.7.1 Risks related to machinery and tools

        Summary / Citation: Facilities and premises referred to under Article 211.2 of the Labour Code shall be designed to ensure workers' safety. Machines, mechanisms, transmission equipment, mechanical or manual equipment, shall be installed and maintained in the best possible conditions of safety. Motors and moving parts of machinery must be isolated by partitions or protective barriers.
        The employer or his/her representative must organize permanent control of the machinery to ensure the protection of employees.
        The labour inspector may, on notice, require the director of the company to check the compliance of the machine statuses above listed.
        (Article 231.13)

        The following moving parts of machines and transmissions, connecting rods and flywheels of wheel motors, drive shafts, gears, friction cone and cylinder must be equipped with a protective device or separated from workers unless they are outside of workers reach. It is the same for belts or cables passing through the floor of a workshop or operating on transmission pulleys placed at least two meters from the ground.
        Devices adapted to machines or available to the staff should not allow the handling of the belts while the machinery is working.
        (Art. 231.16)

        It is forbidden to exhibit, offer for sale, sell, import, rent, or transfer for any reason, or use:
        a) Apparatus, machines or machine parts that are not constructed, arranged, protected or controlled under conditions ensuring the safety and hygiene workers;
        b) Machines protection as well as protection devices, protection equipment or protection products that are not able to guarantee workers against any kind of dangers they might be exposed to.
        (Art. 231.17)

        • Loi n° L/2014/072/CNT du 10 janvier 2014 portant Code du travail de la République de Guinée. (Arts. 231.13, 231.16 and 231.17)

        Related CEACR Comments
        • Guarding of Machinery Convention, 1963 (No. 119) Observation 2012
        • Guarding of Machinery Convention, 1963 (No. 119) Direct Request 2015

      • 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: Facilities and premises referred to under Article 211.2 of the Labour Code shall be designed to ensure workers' safety. Machines, mechanisms, transmission equipment, mechanical or manual equipment, shall be installed and maintained in the best possible conditions of safety. Motors and moving parts of machinery must be isolated by partitions or protective barriers.
        The employer or his/her representative must organize permanent control of the machinery to ensure the protection of employees.
        The labour inspector may, on notice, require the director of the company to check the compliance of the machine statuses above listed.
        (Article 231.13)

        The following moving parts of machines and transmissions, connecting rods and flywheels of wheel motors, drive shafts, gears, friction cone and cylinder must be equipped with a protective device or separated from workers unless they are outside of workers reach. It is the same for belts or cables passing through the floor of a workshop or operating on transmission pulleys placed at least two meters from the ground.
        Devices adapted to machines or available to the staff should not allow the handling of the belts while the machinery is working.
        (Art. 231.16)

        It is forbidden to exhibit, offer for sale, sell, import, rent, or transfer for any reason, or use:
        a) Apparatus, machines or machine parts that are not constructed, arranged, protected or controlled under conditions ensuring the safety and hygiene workers;
        b) Machines protection as well as protection devices, protection equipment or protection products that are not able to guarantee workers against any kind of dangers they might be exposed to.
        (Art. 231.17)

        • Loi n° L/2014/072/CNT du 10 janvier 2014 portant Code du travail de la République de Guinée. (Arts. 231.13, 231.16 and 231.17)

        Related CEACR Comments
        • Guarding of Machinery Convention, 1963 (No. 119) Observation 2012
        • Guarding of Machinery Convention, 1963 (No. 119) Direct Request 2015

      • 9.7.3 Duty of designers, manufacturers, importers or suppliers of machineries to provide machineries information

        No data available.

        Related CEACR Comments
        • Guarding of Machinery Convention, 1963 (No. 119) Observation 2012
        • Guarding of Machinery Convention, 1963 (No. 119) Direct Request 2015

      • 9.7.4 Duty to purchase machineries from authorised/certificated suppliers or only if approved/certificated

        No data available.

        Related CEACR Comments
        • Guarding of Machinery Convention, 1963 (No. 119) Observation 2012
        • Guarding of Machinery Convention, 1963 (No. 119) Direct Request 2015

      • 9.7.5 Maintenance of machinery and equipment

        Summary / Citation: The employer or his/her representative must organize the permanent control of the machinery to ensure the protection of employees.

        • Loi n° L/2014/072/CNT du 10 janvier 2014 portant Code du travail de la République de Guinée. (Art. 231.13)

        • 9.7.5.1 List of equipment where applicable

          No data available.

    • 9.8 Provisions to protect workers in specific condition of vulnerability

      Sometimes.

      • 9.8.1 Protection of pregnancy at work

        Summary / Citation: According to the provisions of Articles 153.1 to 153.6 of the Labour Code, ministerial orders shall establish the type of work prohibited to women and pregnant women or the special conditions of protection under which they need to be covered in the performance of this work.
        Any type of work that can undermine women's reproductive capacity or, in the case of a pregnant woman, any type of work affecting her health or that of the child, is prohibited or subject to special protection conditions.

        • Loi n° L/2014/072/CNT du 10 janvier 2014 portant Code du travail de la République de Guinée. (Art. 231.5)

        Related CEACR Comments
        • Benzene Convention, 1971 (No. 136) Observation 2014
        • Benzene Convention, 1971 (No. 136) Direct Request 2015

      • 9.8.2 Protection of lactating women at work

        No data available.

        Related CEACR Comments
        • Benzene Convention, 1971 (No. 136) Observation 2014
        • Benzene Convention, 1971 (No. 136) Direct Request 2015

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

        Summary / Citation: According to the provisions of Articles 153.1 to 153.6 of the Labour Code, ministerial orders shall establish the type of work prohibited to women and pregnant women or the special conditions of protection under which they need to be covered in the performance of this work.
        Any type of work that can undermine women's reproductive capacity or, in the case of a pregnant woman, any type of work affecting her health or that of the child, is prohibited or subject to special protection conditions.

        • Loi n° L/2014/072/CNT du 10 janvier 2014 portant Code du travail de la République de Guinée. (Art. 231.5)

        Related CEACR Comments
        • Underground Work (Women) Convention, 1935 (No. 45) Direct Request 2018

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

        Summary / Citation: Young persons under the age of eighteen years old shall be employed on a ship only on presentation of a medical certificate attesting their aptitudes for such work delivered by a doctor and approved by the Ministry in charge of Maritime Transport.
        (Art. 132.8)

        Night work is prohibited to workers of both sex under the age of eighteen.
        (Art. 137.2)

        Apprentices and workers under the age of eighteen years cannot be employed in unhealthy or dangerous establishments where workers are exposed to harmful fumes dangerous for their health. Special conditions of protection shall be determined by order of the Minister of Labour after consultation with the Consultative Commission on Labour and Social Laws.
        (Art. 137.3)

        Hazardous work is prohibited for children.
        The following occupations are considered as dangerous:
        - work that exposes children to physical, psychological or sexual abuse;
        - work that is performed in an unhealthy environment which may, for example, expose children to hazardous substances, agents or hazardous processes or conditions of temperature, noise or vibrations damaging their health.
        (Art. 137.4)

        The labor inspector may require the examination of minors under Article 121.4 of the Labour Code by a licensed physician in order to verify whether the work they are responsible for does not exceed their strength.
        (Art. 137.8)

        • Loi n° L/2014/072/CNT du 10 janvier 2014 portant Code du travail de la République de Guinée. (Arts. 132.8, 137.2, 137.3, 137.4 and 137.8)

        Related CEACR Comments
        • Minimum Age Convention, 1973 (No. 138) Observation 2018
        • Minimum Age Convention, 1973 (No. 138) Direct Request 2018
        • Night Work of Young Persons (Industry) Convention (Revised), 1948 (No. 90) Direct Request 2014

  • 10 Recording, notification and investigation of accidents/incidents and diseases

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

      Yes.

    • 10.2 Employers’ duty to notify OSH authorities of work related death and/or injuries to health

      Summary / Citation: The victim of an occupational accident shall immediately, except in cases of force majeure or in case of absolute impossibility or in case of legitimate reason, inform the employer or any of its agents. The same responsibility should be assumed by the beneficiaries of the victim in case of death. The employer is required to report to the National Social Security Fund and to the labour inspector of his/her jurisdiction all occupational accident and occupational disease that have occurred to workers of his/her company within forty-eight hours from the day he was informed, excluding Sundays and public holidays. The declaration is made on the forms issued by the National Social Security Fund. If employer fails to fulfill his/her obligation, the declaration referred to above may be made within two months by the victim and within a year by his successors, as from the date of the accident. The reporting procedures for accidents at work and occupational diseases are established by decree on the proposal of the appropriate Minister.

      • Loi L/94/006/CTRN du 14 février 1994 instituant un Code de la sécurité sociale. (Art. 65)

      Related CEACR Comments
      • Labour Inspection Convention, 1947 (No. 81) Observation 2015
      • Labour Inspection Convention, 1947 (No. 81) Direct Request 2011

  • 11 OSH inspection and enforcement of OSH legislation

    • 11.1 Appointment of OSH inspectors

      Summary / Citation: The Labour Inspectorate is a specialized body of officials composed of labor inspectors, medical labor inspectors, labour controllers and assistant labour controllers. The service is under the authority of a general labour inspector assisted by a deputy general labour inspector appointed by decree issued on the proposal of the Minister of Labour.

      • Loi n° L/2014/072/CNT du 10 janvier 2014 portant Code du travail de la République de Guinée. (Art. 513.1)

    • 11.2 OSH inspectors’ powers

      Yes.

      • 11.2.1 Power to enter workplaces

        Summary / Citation: In order to ensure their supervisory duties, labor inspectors have the power to:
        - Enter freely and without previous notice at any time of the day or night, in establishments subject to the control of the inspection. They must inform, at the beginning of the inspection, the director of the company or his/her deputy, who can accompany them during the visit. They can, however, not inform them when they consider that such notification may be prejudicial to the effectiveness of control;
        - Collect, if necessary, the advice and consultation of doctors and technicians, particularly with regard to health and safety regulations. Doctors and technicians are bound by the professional secrecy in the same manner and under the same sanctions as labor inspectors;
        - Be accompanied during their visit by union representatives and representatives of the health, safety and security committee of the company visited;
        - Request the employers and employees or other persons present in the company to justify their identity.

        • Loi n° L/2014/072/CNT du 10 janvier 2014 portant Code du travail de la République de Guinée. (Art. 513.8)

        Related CEACR Comments
        • Labour Inspection Convention, 1947 (No. 81) Observation 2015
        • Labour Inspection Convention, 1947 (No. 81) Direct Request 2011

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

        Summary / Citation: Labour inspectors have a mission of information, they give advice to employers and workers; they also conduct studies and surveys on social and economic issues at the request of the Minister of Labour. The Labor Inspectorate shall be informed of all occupational accidents and occupational diseases in the cases and in the manner prescribed by the law. The labour inspector carries out investigations into the causes, circumstances and responsibilities.
        (Art. 513.7)

        During their visits to undertakings, labor inspectors can:
        - Require the production of any documents or records whose content is prescribed by the laws and labor regulations;
        - Question either alone or in the presence of witnesses the staff of the company, the employer and the union representatives on the implementation of the provisions they need to monitor;
        - Collect and remove for purposes of analysis, in the presence of the director or his/her deputy, samples of materials and substances used or handled.
        (Art. 513.9)

        • Loi n° L/2014/072/CNT du 10 janvier 2014 portant Code du travail de la République de Guinée. (Arts. 513.7 and 513.9)

        Related CEACR Comments
        • Labour Inspection Convention, 1947 (No. 81) Observation 2015
        • Labour Inspection Convention, 1947 (No. 81) Direct Request 2011

      • 11.2.3 Power to investigate

        Summary / Citation: Labour inspectors have a duty to provide information, give advice to employers and workers; they also conduct studies and surveys on social and economic issues at the request of the Minister of Labour. The Labor Inspectorate shall be informed of all occupational accidents and occupational diseases in the cases and in the manner prescribed by the law. The labour inspector carries out investigations into the causes, circumstances and responsibilities.
        (Art. 513.7)

        During their visits to undertakings, labor inspectors can:
        - Require the production of any documents or records whose content is prescribed by the laws and labor regulations;
        - Question either alone or in the presence of witnesses the staff of the company, the employer and the union representatives on the implementation of the provisions they need to monitor;
        - Collect and remove for purposes of analysis, in the presence of the director or his/her deputy, samples of materials and substances used or handled.
        (Art. 513.9)

        • Loi n° L/2014/072/CNT du 10 janvier 2014 portant Code du travail de la République de Guinée. (Arts. 513.7 and 513.9)

      • 11.2.4 Duty to provide advice on OSH

        Summary / Citation: Labour inspectors have a duty to provide information, give advice to employers and workers; they also conduct studies and surveys on social and economic issues at the request of the Minister of Labour.

        • Loi n° L/2014/072/CNT du 10 janvier 2014 portant Code du travail de la République de Guinée. (Art. 513.7)

        Related CEACR Comments
        • Labour Inspection Convention, 1947 (No. 81) Observation 2015
        • Labour Inspection Convention, 1947 (No. 81) Direct Request 2011

    • 11.3 OSH inspectors’ enforcement powers

      Sometimes.

      • 11.3.1 Power to issue orders or notices

        Summary / Citation: Labour inspectors have the power to take and request measures to eliminate the defects observed in an installation, planning, working methods they consider to be a threat to the health or safety of workers. To take such measures, labour inspectors may order that all necessary modifications to the facilities shall be taken within a period of time in compliance with the legal and regulatory provisions with regard to the health and safety of workers.
        (Art. 513.10)

        Labour inspectors have the power to find violations to the labour legislation and regulations. For this purpose, they may draw up minutes which are deemed authentic until proved otherwise. Labour inspectors may, if they consider it appropriate, give advice or issue warnings before issuing notice.
        (Art. 513.11)

        Regarding the application of ministerial orders referred to under Article 231.4, labor inspectors can order to the employers to act in compliance with the said requirements before drawing up the minutes. The formal notice dated and signed should indicate the observed infractions and set deadline by which these infractions should be eliminated. This period shall in no case be less than four days.
        (Art. 231.7)

        • Loi n° L/2014/072/CNT du 10 janvier 2014 portant Code du travail de la République de Guinée. (Arts. 513.10, 513.11 and 231.7)

        Related CEACR Comments
        • Labour Inspection Convention, 1947 (No. 81) Observation 2015
        • Labour Inspection Convention, 1947 (No. 81) Direct Request 2011

      • 11.3.2 Power to impose financial penalties

        No data available.

      • 11.3.3 Power to revoke or suspend licenses or authorisations

        No data available.

        Related CEACR Comments
        • Labour Inspection Convention, 1947 (No. 81) Observation 2015
        • Labour Inspection Convention, 1947 (No. 81) Direct Request 2011

      • 11.3.4 Power to require the cessation of dangerous work

        Summary / Citation: Labour Inspectors are authorized, without notice, to draw up the minute immediately when the facts they observe present a serious and imminent danger to the physical integrity of workers. In these cases, the labor inspector may order immediate enforcement measures to stop the serious and imminent danger. The employer can appeal against the decision of the labour inspector before the court responsible for labour matters which must rule within three days of referral. A decree of the Minister of Labour specifies the modalities of application of this Article.

        • Loi n° L/2014/072/CNT du 10 janvier 2014 portant Code du travail de la République de Guinée. (Art. 231.8)

        Related CEACR Comments
        • Labour Inspection Convention, 1947 (No. 81) Observation 2015
        • Labour Inspection Convention, 1947 (No. 81) Direct Request 2011

      • 11.3.5 Power to initiate prosecutions

        No data available.

      • 11.3.6 Power to conduct prosecutions

        No data available.

      • 11.3.7 Other enforcement powers

        Summary / Citation: The Labour Inspectorate advises, conciliates and monitors the implementation of the legislation, regulations and collective agreements relating to the remuneration, working conditions, hygiene, health, safety, collective bargaining and trade union rights in the company. The Labour Inspectorate can receive individual and collective disputes for the purpose of conciliation.

        • Loi n° L/2014/072/CNT du 10 janvier 2014 portant Code du travail de la République de Guinée. (Art. 513.6)

    • 11.4 Application of sanctions by courts

      Sometimes.

      • 11.4.1 Financial penalties for legal persons

        Summary / Citation: All violations to the provisions relating to the protection of the health of workers (Title IIId Book 2) of the Labour Code shall be punished of a fine of 100.000 to 500.000 GNF (USD 13.88 to 69.41).
        (Art. 523.27)

        Any obstacle to the functions of the labour inspector or labour controller shall be punished of a fine of 1000.000 to 5.000.000 GNF (USD 138.82 to 697.10).
        (Art. 523.32)

        • Loi n° L/2014/072/CNT du 10 janvier 2014 portant Code du travail de la République de Guinée. (Arts. 523.27 and 523.32)

      • 11.4.2 Financial penalties for natural persons

        Summary / Citation: All violations to the provisions relating to the protection of the health of workers (Title IIId Book 2) of the Labour Code shall be punished of a fine of 100.000 to 500.000 GNF (USD 13.88 to 69.41).
        (Art. 523.27)

        Any obstacle to the functions of the labour inspector or labour controller shall be punished of a fine of 1000.000 to 5.000.000 GNF (USD 138.82 to 697.10).
        (Art. 523.32)

        • Loi n° L/2014/072/CNT du 10 janvier 2014 portant Code du travail de la République de Guinée. (Arts. 523.27 and 523.32)

      • 11.4.3 Non-financial sanctions

        No data available.

      • 11.4.4 Criminal liability

        Summary / Citation: The person who has, by mistake, carelessness, inattention, negligence or failure to comply with regulations, unintentionally caused the death of others or the person who have been involuntarily the cause of death shall be punished with imprisonment from 1 to 5 years and a fine of 50,000 to 500,000 Guinean francs (USD 6.87 to 68.69), or one of these penalties.
        (Article 310)

        If the result of the failure causes an injury or illness resulting in an incapacity for work for more than 6 days, the offender shall be punished by 16 days to 2 years of imprisonment and a fine of 50,000 to 300,000 Guinean francs (USD 6.87 to 41.22), or one of these penalties.
        (Article 311)

        Remarks / comments: The nonobservance of OSH regulations which causes the death of the worker may fall under the application of this article.

        • Loi n° 98/036 du 31 décembre 1998 portant Code pénal (Arts. 310 and 311)

      • 11.4.5 Terms of imprisonment for natural persons

        Summary / Citation: The person who has, by mistake, carelessness, inattention, negligence or failure to comply with regulations, unintentionally caused the death of others or the person who have been involuntarily the cause of death shall be punished with imprisonment from 1 to 5 years and/or a fine.
        (Article 310)

        If the result of the failure causes an injury or illness resulting in an incapacity for work for more than 6 days, the offender shall be punished by 16 days to 2 years of imprisonment and/or a fine.
        (Article 311)

        Remarks / comments: The inobservance of OSH regulations which causes the death of the worker may fall under the application of this article.

        • Loi n° 98/036 du 31 décembre 1998 portant Code pénal (Arts. 310 and 311)

References

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