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Occupational Safety and Health (OSH)

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Mauritania - 2013

Themes

1 Description of national OSH regulatory framework
- 1.1 Description of OSH regulatory framework
  Summary/citation: A special section in the Labour code (Book 3, Title 5) constitutes the leading legislation on occupational safety and health. Besides, the Social Security Law includes also some important provisions on OSH issues and focuses on compensation in the case of occupational diseases and accidents. The laws on OSH are basic and not detailed.
  • Occupational safety and health country profile: Mauritania
  • Loi n° 2004-017 portant Code du travail.
2 Scope, coverage and exclusions
- 2.1 Health and safety covers physical and psychological health
  No data available.
- 2.2 Definition of worker
  Summary/citation: A worker is every person, regardless of nationality, sex or legal status, who works in subordination for an employer (natural or judicial person) by virtue of an employment contract.
  
  • Loi n° 2004-017 portant Code du travail. (Book 1, Chapter 1, Section 1)
  - 2.2.1 Coverage of particular categories of workers
    Sometimes.
    - 2.2.1.1 Migrant workers
      Summary/citation: A worker is every person, regardless of nationality, sex or legal status, who works in subordination for an employer (natural or judicial person) by virtue of an employment contract.
      Restrictions / obligations: Migrant workers are included within the scope of OSH legislation since worker is defined as "any person regardless of nationality..."
      • Loi n° 2004-017 portant Code du travail. (§ 1)
    - 2.2.1.2 Domestic workers
      No data available.
    - 2.2.1.3 Home workers
      Summary/citation: The Minister of Labour may issue a decree after receiving the opinion of the Technical Consultation Committee on Hygiene and Safety determining the categories of works which because of their dangerous nature cannot be performed by home workers.
      • Loi n° 2004-017 portant Code du travail. (§ 238(2))
    - 2.2.1.4 Self-employed persons
      No data available.
- 2.3 Definition of employer
  Summary/citation: Every natural or legal person under public or private law who hires one or more workers is an employer.
  • Loi n° 2004-017 portant Code du travail. (Book 2, Title 1, Chapter 1, Section 2, Article 101)
  Related CEACR Comments
  • Labour Clauses (Public Contracts) Convention, 1949 (No. 94) Observation 2007
  • Labour Clauses (Public Contracts) Convention, 1949 (No. 94) Direct Request 2020
- 2.4 Exclusion of branches of economic activity
  Sometimes.
  - 2.4.1 Agriculture
    Summary/citation: The Labour Code is applicable to individual and collective relations between employers and workers bound by an employment contract.
    Remarks / comments: Agriculture is not excluded from the scope of the legislation.
    • Loi n° 2004-017 portant Code du travail. (§ 1)
  - 2.4.2 Construction
    Summary/citation: The Labour Code is applicable to individual and collective relations between employers and workers bound by an employment contract.
    Remarks / comments: Construction is not excluded from the scope of the legislation.
    • Loi n° 2004-017 portant Code du travail. (§ 1)
    Related CEACR Comments
    • Safety Provisions (Building) Convention, 1937 (No. 62) Observation 2004
    • Safety Provisions (Building) Convention, 1937 (No. 62) Direct Request 2021
  - 2.4.3 Services
    Summary/citation: The Labour Code is applicable to individual and collective relations between employers and workers bound by an employment contract.
    Remarks / comments: Services are not excluded form the scope of the legislation.
    • Loi n° 2004-017 portant Code du travail.
  - 2.4.4 Public sector
    Summary/citation: The Labour Code does not apply to permanent workers in the public sector or in public administrative institutions.
    
    • Loi n° 2004-017 portant Code du travail. (§ 1)
    Related CEACR Comments
    • Labour Clauses (Public Contracts) Convention, 1949 (No. 94) Observation 2007
    • Labour Clauses (Public Contracts) Convention, 1949 (No. 94) Direct Request 2020
  - 2.4.5 Other
    Summary/citation: The Labour Code is applicable as well to relations between workers and employers from the merchant marine and fisheries.
    • Loi n° 2004-017 portant Code du travail. (§ 1)
- 2.5 Definition of occupational accident
  No data available.
- 2.6 Definition of occupational disease
  Sometimes.
  - 2.6.1 List of occupational diseases
    Summary/citation: The list of occupational diseases shall be approved by Decree.
    • Décret no 72-104 du 12 mai 1972 portant certaines modifications du décret no 67-142 du 5 juillet 1967 fixant la liste des maladies professionnelles.
  - 2.6.2 Mechanism for compensating other diseases as occupational ones
    No data available.
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 and the National Occupational Health Office are the competent national authorities for safety and health at work.
  • Loi n° 2004-017 portant Code du travail. (Book 3, Title 5, Chapter 1, Article 238)
  • Décret no 140-2000 du 17 décembre 2000 fixant l'organisation des formations sanitaires régionales.
  - 3.1.1 Objectives, roles and/or functions
    Summary/citation: Regarding OSH matters, the Minister of Labour shall:
    - Set up guidelines on occupational safety and health;
    - Manage hazards control and OSH inspection of workplaces.
    The National Occupational Health Office is responsible for the administration of medical services at work.
    • Loi n° 2004-017 portant Code du travail. (Book 3, Title 5, Chapter 1, Article 238)
  - 3.1.2 Chairperson and composition
    Summary/citation: The decree 2006-177 sets up the composition, organization and functions of the National Occupational Health Office.
- 3.2 National OSH research programme or institute
  No data available.
  - 3.2.1 Objectives, roles and/or functions
    No data available.
  - 3.2.2 Governance board constitution and chairmanship
    No data available.
  - 3.2.3 Source of funding
    No data available.
- 3.3 National OSH programme
  No data available.
  - 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 every undertaking with more than 20 employees, the employer shall establish procedure rules to be approved by the appropriate labour court. The said rules shall specify, among others, all measures relating to safety and health at work.
  Restrictions / obligations: A decree of the Labour Ministry, following consultation with the National Council of Labour, Employment and Social Security, shall determine the arrangements for the implementation of this article.
  • Loi n° 2004-017 portant Code du travail. (Book 2, Title 1, Chapter 1, Section 2, Article 106)
- 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
  No data available.
- 4.4 Surveillance of workers’ health in relation to work
  Summary / Citation: The social security office will inform the employer, the labour inspector, the Director of Labour and the Director of Public Health, which is the entreprise medical unit or service covering the undertaking to ensure the safety and health of workers.
  The enterprise medical services or the supervisory medical units, shall review the health of workers before recruitment or before the end of the trial period to check if they are able to undertake the tasks assigned or to make sure they do not have a disease dangerous to other workers.
  At the request of the labour inspector, women and children shall also be examined to see if they are able to undertake the taks assigned.
  The medical service shall also be responsible for evacuating those sick or injured workers they cannot treat.
  • Loi n° 2004-017 portant Code du travail. (Book 5, Chapter 3, Article 257)
  - 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: The entreprise medical services shall recommend the employers measures that shall be taken to ensure the safety and health of employees.
  • Loi n° 2004-017 portant Code du travail. (Book 5, Chapter 3, Article 257)
- 4.6 Duty to provide personal protective equipment
  No data available.
  Related CEACR Comments
  • Safety Provisions (Building) Convention, 1937 (No. 62) Observation 2004
  • Safety Provisions (Building) Convention, 1937 (No. 62) Direct Request 2021
- 4.7 Duty to ensure the usage of personal protective equipment
  No data available.
- 4.8 Duty to provide first-aid and welfare facilities
  Sometimes.
  - 4.8.1 Arrangements for first-aid
    Summary / Citation: The social security office will inform the employer, the labour inspector, the director of labour and the director of public health, the enterprise medical unit corresponding to the undertaking in order to ensure the safety and health of workers.
    The enterprise medical unit that corresponds to the undertaking shall have a basic nursing service and first aid kit. This will be fixed by decree of the Ministry of Labour in consultation with the Advisory Technical Committee on OSH.
    Restrictions / obligations: The details concerning this service will be fixed by decree of the Ministry of Labour in consultation with the OSH Advisory Technical Committee.
    • Loi n° 2004-017 portant Code du travail. (Book 5, Chapter 3, Article 256)
  - 4.8.2 Sanitary installations
    No data available.
  - 4.8.3 Drinking water
    No data available.
  - 4.8.4 Rest and eating areas
    No data available.
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: In every undertaking with more than 20 employees, the employer shall establish procedure rules to be approved by the appropriate labour court. The said rules shall specify, among others, all measures relating to safety and health at work.
    Restrictions / obligations: A decree of the Labour Ministry, following consultation with the National Council of Labour, Employment and Social Security, shall determine the arrangements for the implementation of this article.
    • Loi n° 2004-017 portant Code du travail. (Book 2, Title 1, Chapter 1, Section 2, Article 106)
  - 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
    No data available.
  - 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: Representatives of workers shall be elected in workplaces with more than ten workers. One of their roles is to ensure the application of safety and health measures, and to provide recommendations for improving OSH conditions at the workplace.
    Restrictions / obligations: Establishments with more than 10 workers.
    • Loi n° 2004-017 portant Code du travail. (Book 2, Title 2, Chapter 1, Section 1, Article 118; Book 2, Title 2, Chapter 1, Section 2, Article 122)
- 5.2 Obligation to implement a specific OSH management system or standard
  No data available.
6 Employers’ duty to ensure availability of expertise and competence in health and safety
- 6.1 OSH competence
  Sometimes.
  - 6.1.1 Requirement to access expert advice and/or support in health and safety
    Summary / Citation: In every undertaking with more than 20 employees, the employer shall establish procedure rules to be approved by the appropriate labour court. The said rules shall specify, among others, all measures relating to safety and health at work.
    The social security office will inform the employer, the labour inspector, the Director of Labour and the Director of Public Health, which is the entreprise medical unit or service covering the undertaking to ensure the safety and health of workers.
    The enterprise medical services or the supervisory medical units, shall review the health of workers before recruitment or before the end of the trial period to check if they are able to undertake the tasks assigned or to make sure they do not have a disease dangerous to other workers.
    At the request of the labour inspector, women and children shall also be examined to see if they are able to undertake the taks assigned.
    The medical service shall also be responsible for evacuating those sick or injured workers they cannot treat.
    Restrictions / obligations: A decree of the Labour Ministry, following consultation with the National Council of Labour, Employment and Social Security, shall determine the arrangements for the implementation of this article.
    • Loi n° 2004-017 portant Code du travail. (Book 2, Title 1, Chapter 1, Section 2, Article 106; Book 5, Chapter 3, Arts. 256-257)
    - 6.1.1.1 Qualifications of experts or professional services
      No data available.
- 6.2 Appointment of an OSH practitioner
  No data available.
  - 6.2.1 Workforce size threshold for the appointment of OSH practitioners
    No data available.
7 Workers' rights and duties
- 7.1 Duty to take reasonable steps to protect their own safety and health
  No data available.
- 7.2 Duty to take reasonable steps to protect the safety and health of others
  No data available.
- 7.3 Supervisors’ duty to take reasonable steps to protect the safety and health of others
  No data available.
- 7.4 Senior officers’ duty to take reasonable steps to protect the safety and health of others
  No data available.
- 7.5 Self-employed persons’ duty to take reasonable steps to protect their own and other people’s health and safety
  No data available.
- 7.6 Duty to comply with OSH-related requirements
  Summary / Citation: Representatives of workers shall be elected in workplaces with more than ten workers. One of their roles is to ensure the application of safety and health measures, and to provide recommendations for improving OSH conditions at the workplace.
  • Loi n° 2004-017 portant Code du travail. (Book 2, Title 2, Chapter 1, Section 1, Article 118; Book 2, Title 2, Chapter 1, Section 2, Article 122)
- 7.7 Right to enquire about risks and preventive measures
  Summary / Citation: Workers delegates have the right to approach employers with questions and recommendations in relation to occupational safety and health.
  • Loi n° 2004-017 portant Code du travail. (Book 2, Title 2, Chapter 1, Section 2, Article 122)
- 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: The Minister of Labour shall establish a Technical Advisory Committee on Occupational Safety and Health.
  • Loi n° 2004-017 portant Code du travail. (Book 7, Title 3, Chapter 2, Article 425)
  - 8.1.1 Objectives, roles and/or functions
    Summary / Citation: The objective of Technical Advisory Committee on Occupational Safety and Health is to assist the Minister of Labour on matters related to occupational safety and health, and the prevention of occupational hazards. The Committee provides as well recommendations on OSH issues to institutes working on occupational safety and health.
    • Loi n° 2004-017 portant Code du travail. (Book 7, Title 3, Chapter 2, Article 425)
  - 8.1.2 Constitution and chairmanship modalities
    Summary / Citation: The Technical Advisory Committee on Occupational Safety and Health shall be composed of equal number of representatives of employers and workers, in addition to the civil servants and specialists in the subject.
    • Loi n° 2004-017 portant Code du travail. (Book 7, Title 3, Chapter 2, Article 425)
- 8.2 Employers’ duty to consult workers on risks
  Summary / Citation: Representatives of workers shall be elected in workplaces with more than ten workers. One of their roles is to ensure the application of safety and health measures, and to provide recommendations for improving OSH conditions at the workplace.
  
  Restrictions / obligations: This provisions are applicable in undertakings with more than ten workers.
  • Loi n° 2004-017 portant Code du travail. (Book 2, Title 2, Chapter 1, Section 1, Article 118; Book 2, Title 2, Chapter 1, Section 2, Article 122)
- 8.3 Workers’ right to select their representatives for health and safety matters
  Summary / Citation: Representatives of workers shall be elected in workplaces with more than ten workers. One of their roles is to ensure the application of safety and health measures, and to provide recommendations for improving OSH conditions at the workplace.
  • Loi n° 2004-017 portant Code du travail. (Book 2, Title 2, Chapter 1, Section 1, Article 118; Book 2, Title 2, Chapter 1, Section 2, Article 122)
  - 8.3.1 Workforce size conditions for workers’ representation in health and safety
    Summary / Citation: Representatives of workers shall be elected in workplaces with more than ten workers.
    • Loi n° 2004-017 portant Code du travail. (Book 2, Title 2, Chapter 1, Section 1, Article 118; Book 2, Title 2, Chapter 1, Section 2, Article 122)
  - 8.3.2 Conditions of eligibility to represent workers in health and safety
    No data available.
- 8.4 OSH representatives’ functions, rights and powers
  No data available.
  - 8.4.1 Right to inspect the workplace
    No data available.
  - 8.4.2 Right to access OSH information
    Summary / Citation: Representatives of workers shall be elected in workplaces with more than ten workers. One of their roles is to ensure the application of safety and health measures, and to provide recommendations for improving OSH conditions at the workplace.
    Workers delegates have the right to approach employers with questions and recommendations in relation to occupational safety and health.
    • Loi n° 2004-017 portant Code du travail. (Book 2, Title 2, Chapter 1, Section 1, Article 118; Book 2, Title 2, Chapter 1, Section 2, Article 122)
  - 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
    No data available.
  - 8.4.7 Right to have time off work with pay to perform duties
    No data available.
  - 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: Workers delegates have the right to approach employers with questions and recommendations in relation to occupational safety and health.
    • Loi n° 2004-017 portant Code du travail. (Book 2, Title 2, Chapter 1, Section 2, Article 122)
  - 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
  Sometimes.
  - 8.6.1 Participation of workers’ representatives in joint OSH committee
    Summary / Citation: Establishments with 50 or more workers shall create a committee on occupational safety and health that shall supervise compliance with OSH regulations, and promote prevention of occupational accidents and diseases.
    (Art. 252)
    The composition and functioning of the OSH committees shall be determined through a decree of the Minister of Labour.
    (Art. 253)
    • Loi n° 2004-017 portant Code du travail. (Book 3, Title 5, Chapter 3, Article 252, 253)
  - 8.6.2 Conditions for establishing a joint OSH committee
    Summary / Citation: Establishments with 50 or more workers shall create a committee on occupational safety and health that shall supervise compliante with OSH regulations, and promote prevention of occupational accidents and diseases.
    • Loi n° 2004-017 portant Code du travail. (Book 3, Title 5, Chapter 3, Article 252)
  - 8.6.3 Objectives, roles and/or functions of joint OSH committees
    Summary / Citation: Establishments with 50 or more workers shall create a committee on occupational safety and health that shall supervise compliance with OSH regulations, and promote prevention of occupational accidents and diseases.
    (Art. 252)
    The composition and functioning of the OSH committees shall be determined through a decree of the Minister of Labour.
    (Art. 253)
    • Loi n° 2004-017 portant Code du travail. (Book 3, Title 5, Chapter 3, Article 252)
  - 8.6.4 Keeping record of the work of joint OSH committees
    No data available.
  - 8.6.5 Sharing the minutes of joint OSH committees meetings
    No data available.
- 8.7 Mandatory training for members of joint OSH committee(s)
  No data available.
- 8.8 Protection against reprisals
  No data available.
- 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
  No data available.
- 9.2 Chemical hazards
  Yes.
  - 9.2.1 Handling, storage, labelling and use
    Summary / Citation: The use of specific harmful chemicals or specific doses of chemicals is prohibited in particular types of work.
    Safety information on containers of harmful chemicals shall be provided.
    Restrictions / obligations: Legal provisions shall provide further information on these chemicals.
    • Loi n° 2004-017 portant Code du travail. (Book 3, Title 5, Chapter 2. Section 2, Art. 241, Art. 245 )
  - 9.2.2 Duty of manufacturers, suppliers and importers of chemicals in relation to the safety and health of users
    Summary / Citation: Suppliers of chemicals shall provide safety instructions on containers of dangerous chemicals concerning: the type of chemical in the containe, as well as the dangers of using the chemicals.
    Restrictions / obligations: Legal provisions shall provide further information on these chemicals.
    • Loi n° 2004-017 portant Code du travail. (Book 3, Title 5, Chapter 2. Section 2, Art. 243, Art. 344)
  - 9.2.3 Pesticides
    No data available.
- 9.3 Ergonomic hazards
  No data available.
- 9.4 Physical hazards
  Sometimes.
  - 9.4.1 Ionising radiation
    Yes.
    • Ordonnance no 89-146 du 15 octobre 1989 interdisant et réprimant l'introduction, le transport et le dépôt des déchets nucléaires et des déchets industriels toxiques sur l'étendue du territoire de la R.I.M.
  - 9.4.2 Vibration and noise
    No data available.
  - 9.4.3 Working at height
    No data available.
    Related CEACR Comments
    • Safety Provisions (Building) Convention, 1937 (No. 62) Observation 2004
    • Safety Provisions (Building) Convention, 1937 (No. 62) Direct Request 2021
  - 9.4.4 Working in confined spaces
    No data available.
  - 9.4.5 Risks arising from poor maintenance of workplace facilities
    No data available.
  - 9.4.6 Exposure to extreme temperatures
    No data available.
  - 9.4.7 Fire risks
    No data available.
  - 9.4.8 Tobacco
    Summary / Citation: Exclusively for ministerial buildings.
    • Ministry of Health and Social Affairs Circular No. 00125 on Smoke-free Ministry Facilities
  - 9.4.9 Asbestos
    No data available.
  - 9.4.10 Risks related to nanotechnology
    No data available.
  - 9.4.11 Contraction of HIV in the workplace
    Yes.
    • Loi n° 2007.042 du 3 septembre 2007 relative à la prévention, la prise en charge et le contrôle du VIH/SIDA.
- 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
  Yes.
  • Ordonnance no 89-146 du 15 octobre 1989 interdisant et réprimant l'introduction, le transport et le dépôt des déchets nucléaires et des déchets industriels toxiques sur l'étendue du territoire de la R.I.M.
- 9.7 Machineries
  Sometimes.
  - 9.7.1 Risks related to machinery and tools
    Summary / Citation: The use of dangerous machines, tools or parts of machines without a protective equipment is prohibited.
    Restrictions / obligations: Particular legal provisions will provide more specific details on these aspects.
    • Loi n° 2004-017 portant Code du travail. (Book 3, Title 5, Chapter 2. Section 1, Article 241)
  - 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: Selling or renting out dangerous machines, tools or machine parts that are not equipped with protective equipment is prohibited.
    Restrictions / obligations: Particular legal provisions will provide more specific details on these aspects.
    • Loi n° 2004-017 portant Code du travail. (Book 3, Title 5, Chapter 2. Section 1, Article 241)
  - 9.7.3 Duty of designers, manufacturers, importers or suppliers of machineries to provide machineries information
    No data available.
  - 9.7.4 Duty to purchase machineries from authorised/certificated suppliers or only if approved/certificated
    No data available.
  - 9.7.5 Maintenance of machinery and equipment
    No data available.
    - 9.7.5.1 List of equipment where applicable
      No data available.
- 9.8 Provisions to protect workers in specific condition of vulnerability
  Yes.
  - 9.8.1 Protection of pregnancy at work
    Summary / Citation: Inspectors shall ensure that the tasks assigned are not undue for women. Also, pregnant women shall not be required to carry/drag/push specific loads. Order no. 5354 also specifies work prohited for pregnant women.
    • Loi n° 2004-017 portant Code du travail. (Book 3, Title 5, Chapter 2, Section 3, Article 248)
    • Arrêté n° 5254 IGTLS/AOF du 19 juillet 1954 relatif au travail des femmes et des femmes enceintes.
  - 9.8.2 Protection of lactating women at work
    Summary / Citation: Women workers are entitled to breaks not exceeding one hour per day for a period of 15 months following the birth of the child. These breaks may be distributed in 2 periods, upon agreement with the employer.
    • Loi n° 2004-017 portant Code du travail. ("Book 1, Title 1, Chapter 6, Section 3, Article 42; Book 3, Title 1, Chapter 1, Section 3 Article 163; Book 3, Title 5, Chapter 2, Section 3, Article 248")
  - 9.8.3 Limits to women’s access to specific occupations, undertakings or shifts
    Summary / Citation: Women and pregnant women are prohibited from work that exceeds their strength, or that might cause harm to their health or corrupt their morals.
    Inspectors shall check if the taks assigned exceeds the strength of women. If they do, then the employer shall assign women alternative tasks that are more suitable for them. If that is not possible, then a specific compensation shall be provided to these workers.
    Restrictions / obligations: Specific provisions will set out further details about types of work/establishments where employment of women and/or children is prohibited.
    • Loi n° 2004-017 portant Code du travail. (Book 3, Title 5, Chapter 2, Section 3, Articles 247 and 248)
    • Arrêté n° 5254 IGTLS/AOF du 19 juillet 1954 relatif au travail des femmes et des femmes enceintes.
  - 9.8.4 Limits to workers’ access to specific occupations, undertakings or shifts by reason of age
    Summary / Citation: Children with ages below 18 are prohibited from work that exceeds their strength, or that might cause harm to their health or corrupt their morals.
    Inspectors shall check if the taks assigned exceeds the strength of young workers. If they do, then the employer shall assign young workers alternative tasks that are more suitable for them. If that is not possible, then a specific compensation shall be provided to these workers.
    Restrictions / obligations: Specific provisions will provide further details about types of work/establishments where employment of women and/or children is prohibited.
    • Loi n° 2004-017 portant Code du travail. (Book 3, Title 5, Chapter 2, Section 3, Articles 247 and 248)
    Related CEACR Comments
    • Minimum Age Convention, 1973 (No. 138) Observation 2020
    • Minimum Age Convention, 1973 (No. 138) Direct Request 2020
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
  Sometimes.
  - 10.1.1 Work-related accidents
    Summary / Citation: Occupational physicians shall conduct medical examinations in relation to occupational accidents, and keep a record of all the medical examinations conducted.
    • Loi n° 2004-017 portant Code du travail. (Book 3, Title 6, Article 257, Paragraph E)
  - 10.1.2 Near miss incidents
    No data available.
  - 10.1.3 Occupational diseases
    Summary / Citation: Occupational physicians must conduct medical examinations in relation to occupational diseases, and keep a record of all the medical examinations conducted.
    • Loi n° 2004-017 portant Code du travail. (Book 3, Title 6, Article 257, Paragraph E)
- 10.2 Employers’ duty to notify OSH authorities of work related death and/or injuries to health
  Summary / Citation: The employer shall inform the work inspector concerning occupational accidents within 48 hours of their occurrence.
  • Loi n° 2004-017 portant Code du travail. (Book 3, Title 5, Chapter 1, Article 240)
  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2021
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2021
11 OSH inspection and enforcement of OSH legislation
- 11.1 Appointment of OSH inspectors
  Summary / Citation: Specific inspectors in relation to occupational safety and health shall be appointed.
  • Loi n° 2004-017 portant Code du travail. (Book 6, Title 2, Chapter 2, Article 382)
- 11.2 OSH inspectors’ powers
  Yes.
  - 11.2.1 Power to enter workplaces
    Summary / Citation: Inspectors have the power to conduct all types of investigations in relation to occupational safety and health.
    • Loi n° 2004-017 portant Code du travail. (Book 6, Title 2, Chapter 2, Articles 383 )
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2021
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2021
  - 11.2.2 Power to inspect and carry out any examination, test or enquiry
    Summary / Citation: Inspectors have the power to conduct all types of investigations in relation to occupational safety and health.
    Inspectors have the power to conduct medical examinations on workers and take samples or investigate the materials used.
    
    • Loi n° 2004-017 portant Code du travail. (Book 6, Title 2, Chapter 2, Articles 383 )
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2021
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2021
  - 11.2.3 Power to investigate
    Summary / Citation: Inspectors have the power to conduct all types of investigations in relation to occupational safety and health.
    Inspectors have the power to conduct medical examinations on workers and take samples or investigate the materials used.
    • Loi n° 2004-017 portant Code du travail. (Book 6, Title 2, Chapter 2, Articles 383 )
  - 11.2.4 Duty to provide advice on OSH
    Summary / Citation: Inspectors shall provide workers with advice or training, if necessary, in relation to occupational safety and health.
    • Loi n° 2004-017 portant Code du travail. (Book 6, Title 2, Chapter 2, Articles 383, Paragraph 2)
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2021
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2021
- 11.3 OSH inspectors’ enforcement powers
  Sometimes.
  - 11.3.1 Power to issue orders or notices
    Summary / Citation: Inspectors have the power to issue written notices to employers so that they take specific measures with respect to occupational safety and health.
    • Loi n° 2004-017 portant Code du travail. (Book 3, Title 5, Chapter 1, Article 239)
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2021
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2021
  - 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 2021
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2021
  - 11.3.4 Power to require the cessation of dangerous work
    No data available.
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2021
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2021
  - 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
    No data available.
- 11.4 Application of sanctions by courts
  Sometimes.
  - 11.4.1 Financial penalties for legal persons
    No data available.
  - 11.4.2 Financial penalties for natural persons
    Summary / Citation: Minimum: 20,000 MRO (67$)
    Maximum: 80,000 MRO (268$)
    • Loi n° 2004-017 portant Code du travail. (Book 8, Chapter 3, Article 443)
  - 11.4.3 Non-financial sanctions
    No data available.
  - 11.4.4 Criminal liability
    No data available.
  - 11.4.5 Terms of imprisonment for natural persons
    Summary / Citation: Minimum: 15 days
    Maximum: 4 months
    • Loi n° 2004-017 portant Code du travail. (Book 8, Chapter 3, Article 443)

Mauritania - 2013

Themes

1 Description of national OSH regulatory framework

1.1 Description of OSH regulatory framework

2 Scope, coverage and exclusions

2.1 Health and safety covers physical and psychological health

2.2 Definition of worker

2.2.1 Coverage of particular categories of workers

2.2.1.1 Migrant workers

2.2.1.2 Domestic workers

2.2.1.3 Home workers

2.2.1.4 Self-employed persons

2.3 Definition of employer

2.4 Exclusion of branches of economic activity

2.4.1 Agriculture

2.4.2 Construction

2.4.3 Services

2.4.4 Public sector

2.4.5 Other

2.5 Definition of occupational accident

2.6 Definition of occupational disease

2.6.1 List of occupational diseases

2.6.2 Mechanism for compensating other diseases as occupational ones

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

3.1 Competent national authority for safety and health at work

3.1.1 Objectives, roles and/or functions

3.1.2 Chairperson and composition

3.2 National OSH research programme or institute

3.2.1 Objectives, roles and/or functions

3.2.2 Governance board constitution and chairmanship

3.2.3 Source of funding

3.3 National OSH programme

3.3.1 Consultation on the national OSH programme

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

4.1 Duty to ensure the health and safety of employees

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

4.3 Collaboration among two or more employers at the same workplace

4.4 Surveillance of workers’ health in relation to work

4.4.1 Specific hazards for which surveillance is required

4.5 Surveillance of the working environment and working practices

4.6 Duty to provide personal protective equipment

4.7 Duty to ensure the usage of personal protective equipment

4.8 Duty to provide first-aid and welfare facilities

4.8.1 Arrangements for first-aid

4.8.2 Sanitary installations

4.8.3 Drinking water

4.8.4 Rest and eating areas

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

5.1 Elements of an OSH management system

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

5.1.2 Appointment of a person for health and safety

5.1.3 Written risk assessment

5.1.4 Safe operating work systems and procedures

5.1.5 Training and information on risks

5.1.6 Review or assessment of the results of preventive measures

5.1.7 Consultation with workers in health and safety

5.2 Obligation to implement a specific OSH management system or standard

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

6.1 OSH competence

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

6.1.1.1 Qualifications of experts or professional services

6.2 Appointment of an OSH practitioner

6.2.1 Workforce size threshold for the appointment of OSH practitioners

7 Workers' rights and duties

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

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

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

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

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

7.6 Duty to comply with OSH-related requirements

7.7 Right to enquire about risks and preventive measures

7.8 Right to remove themselves from a dangerous situation

7.9 Right to be reassigned to non-hazard work

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

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

8.1 National OSH committee, commission, council or similar body

8.1.1 Objectives, roles and/or functions

8.1.2 Constitution and chairmanship modalities

8.2 Employers’ duty to consult workers on risks

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