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Occupational Safety and Health (OSH)

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Niger - 2013

Themes

1 Description of national OSH regulatory framework
- 1.1 Description of OSH regulatory framework
  Summary/citation: Niger adopted the Constitution of the VII Republic on the 25th November 2010.
  
  The Labour Code was enacted on the 25th September 2012. It contains a specific Chapter on hygiene, safety and health at work. It refers to a number of decrees which shall implement its provisions. In particular, Articles 106 and 109 of the Labour Code stipulate that the nature of work and categories which shall be forbidden for young people, women and pregnant women shall be defined by decrees. Article 140 of the Labour Code establishes that decrees issued by the Council of Ministers, after consultation with the Technical Advisory Committee of Health and Safety at Work, shall determine the general protection and safety standards applicable to all establishments subject to the Labour Code, particularly with regard to workplaces, lighting, ventilation, drinking water, sanitary installations, removal of dust and fumes, precautions against fire, radiation, noise and vibration, as well as, when needed, specific requirements for certain professions, work operations or working methods. These decrees shall contain lists of hazardous substances and preparations which must be limited or restricted, as well as lists of dangerous machinery or parts of this machinery which are prohibited to be manufactured, sold, imported, transferred and used. According to Article 147 of the Labour Code a decree shall implement Articles 145 and 146 relating to OSH committees within the enterprise.
  • Loi n° 2012-45 du 25 septembre 2012 portant Code du travail de la République du Niger.
  • Constitution de la VIIème République du 25 novembre 2010.
  • Official Website of the Government of Niger
  • Official Website of the Presidency of Niger
2 Scope, coverage and exclusions
- 2.1 Health and safety covers physical and psychological health
  Summary/citation: The employer is under the obligation to prohibit all forms of physical or psychological violence due to labour relations.
  • Loi n° 2012-45 du 25 septembre 2012 portant Code du travail de la République du Niger. (§ 44)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  • Occupational Health Services Convention, 1985 (No. 161) Direct Request 2016
- 2.2 Definition of worker
  Summary/citation: Worker is defined as any person who, regardless of his/her sex or nationality, is engaged in a professional activity against remuneration, under the direction and authority of either public or private, natural or legal person.
  • Loi n° 2012-45 du 25 septembre 2012 portant Code du travail de la République du Niger. (§ 2)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  - 2.2.1 Coverage of particular categories of workers
    Sometimes.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
    - 2.2.1.1 Migrant workers
      Summary/citation: Worker is defined as any person who, regardless of his/her sex or nationality, is engaged in a professional activity against remuneration, under the direction and authority of either public or private, natural or legal person.
      • Loi n° 2012-45 du 25 septembre 2012 portant Code du travail de la République du Niger. (§ 2)
      Related CEACR Comments
      • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
    - 2.2.1.2 Domestic workers
      Summary/citation: Worker is defined as any person who, regardless of his/her sex or nationality, is engaged in a professional activity against remuneration, under the direction and authority of either public or private, natural or legal person.
      • Loi n° 2012-45 du 25 septembre 2012 portant Code du travail de la République du Niger. (§ 2)
      Related CEACR Comments
      • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
    - 2.2.1.3 Home workers
      No data available.
      Related CEACR Comments
      • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
    - 2.2.1.4 Self-employed persons
      No data available.
- 2.3 Definition of employer
  Summary/citation: Employer is defined as any person or entity, either public or private, employing one or more workers, regardless of their activity or status: commercial, industrial, agricultural or services, professional, charitable institution, non-governmental organization, association or religious brotherhood, and all other institutions with or without profit.
  • Loi n° 2012-45 du 25 septembre 2012 portant Code du travail de la République du Niger. (§ 3)
  Related CEACR Comments
  • Private Employment Agencies Convention, 1997 (No. 181) Direct Request 2018
- 2.4 Exclusion of branches of economic activity
  Sometimes.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  - 2.4.1 Agriculture
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  - 2.4.2 Construction
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  - 2.4.3 Services
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  - 2.4.4 Public sector
    Summary/citation: Civil servants working at a public administration are not subject to the provisions of this Code.
    • Loi n° 2012-45 du 25 septembre 2012 portant Code du travail de la République du Niger. (§ 2)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  - 2.4.5 Other
    No data available.
- 2.5 Definition of occupational accident
  No data available.
- 2.6 Definition of occupational disease
  No data available.
  - 2.6.1 List of occupational diseases
    No data available.
  - 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
  No data available.
  Related CEACR Comments
  • Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) Direct Request 2015
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  - 3.1.1 Objectives, roles and/or functions
    No data available.
  - 3.1.2 Chairperson and composition
    No data available.
- 3.2 National OSH research programme or institute
  No data available.
  Related CEACR Comments
  • Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) Direct Request 2015
  - 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.
  Related CEACR Comments
  • Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) Direct Request 2015
  - 3.3.1 Consultation on the national OSH programme
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
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: National and international companies are under the obligation to comply with the environmental legislation in force. They are required to protect human health and contribute to the preservation and the improvement of environment.
  (Constitution, § 37)
  
  The employer is under the obligation to meet the hygiene and safety standards prescribed by regulations in force.
  (Code du travail, § 44)
  
  The employer is under the obligation to take all necessary measures that are adequate for the business exploitation in order to protect the life and health of workers. The employer must set facilities and organize work the best possible way in order to protect workers from suffering occupational accidents and diseases.
  (Code du travail, § 136)
  • Loi n° 2012-45 du 25 septembre 2012 portant Code du travail de la République du Niger. (§§ 44, 136)
  • Constitution de la VIIème République du 25 novembre 2010. (§ 37)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
- 4.2 Duty to protect the health and safety of people other than their own employees
  No data available.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
- 4.3 Collaboration among two or more employers at the same workplace
  Summary/citation: When several companies perform simultaneously at the same workplace, employers are required to cooperate in the enforcement of OSH rules.
  • Loi n° 2012-45 du 25 septembre 2012 portant Code du travail de la République du Niger. (§ 139)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
- 4.4 Surveillance of workers’ health in relation to work
  Summary / Citation: Employers shall ensure a medical service for the benefit of their workers.
  The Council of Ministers, after consultation with the Technical Advisory Committee of Safety and Health shall issue decrees implementing that obligation. These decrees shall provide for periodic medical examinations and, given the local conditions, the number of workers and members of their families hosted by the employer, shall classify companies in different categories depending on the mandatory medical services (doctors and nurses) at their expense.
  • Loi n° 2012-45 du 25 septembre 2012 portant Code du travail de la République du Niger. (§ 148)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  - 4.4.1 Specific hazards for which surveillance is required
    No data available.
- 4.5 Surveillance of the working environment and working practices
  No data available.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
- 4.6 Duty to provide personal protective equipment
  Summary / Citation: Where adequate protection against the risk of accident or injury to health cannot be achieved by other means, the employer shall provide and maintain personal protective equipment and protective clothing that can be reasonably required to enable workers to perform their work safely.
  • Loi n° 2012-45 du 25 septembre 2012 portant Code du travail de la République du Niger. (§ 136)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
- 4.7 Duty to ensure the usage of personal protective equipment
  No data available.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
- 4.8 Duty to provide first-aid and welfare facilities
  No data available.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  - 4.8.1 Arrangements for first-aid
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  - 4.8.2 Sanitary installations
    Summary / Citation: Provision and maintenance of sanitary installations is not foreseen by the law. However, decrees issued by the Council of Ministers, after consultation with the Technical Advisory Committee of Health and Safety at Work, shall determine the general protection and safety standards applicable to all establishments subject to the Labour Code, particularly with regard to workplaces, lighting, ventilation, drinking water, sanitary installations, removal of dust and fumes, precautions against fire, radiation, noise and vibration, as well as, when needed, specific requirements for certain professions, work operations or working methods.
    
    • Loi n° 2012-45 du 25 septembre 2012 portant Code du travail de la République du Niger. (§ 140)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  - 4.8.3 Drinking water
    Summary / Citation: Provision of clean drinking water to workers is not forseen by the law. However, decrees issued by the Council of Ministers, after consultation with the Technical Advisory Committee of Health and Safety at Work, shall determine the general protection and safety standards applicable to all establishments subject to the Labour Code, particularly with regard to workplaces, lighting, ventilation, drinking water, sanitary installations, removal of dust and fumes, precautions against fire, radiation, noise and vibration, as well as, when needed, specific requirements for certain professions, work operations or working methods.
    • Loi n° 2012-45 du 25 septembre 2012 portant Code du travail de la République du Niger. (§ 140)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  - 4.8.4 Rest and eating areas
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
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
    No data available.
  - 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.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  - 5.1.5 Training and information on risks
    Summary/citation: Employers are required to organize OSH training for the benefit of newly hired workers and those who change their job or technique. This training must be updated for the staff concerned in the event of changes in legislation or regulations.
    Workers and all other interested parties, including temporary workers, must be adequately informed of potential occupational hazards in the workplace and informed about the available means of prevention.
    • Loi n° 2012-45 du 25 septembre 2012 portant Code du travail de la République du Niger. (§ 137)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  - 5.1.6 Review or assessment of the results of preventive measures
    No data available.
  - 5.1.7 Consultation with workers in health and safety
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
- 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
  No data available.
  Related CEACR Comments
  • Occupational Health Services Convention, 1985 (No. 161) Direct Request 2016
  - 6.1.1 Requirement to access expert advice and/or support in health and safety
    No data available.
    Related CEACR Comments
    • Occupational Health Services Convention, 1985 (No. 161) Direct Request 2016
    - 6.1.1.1 Qualifications of experts or professional services
      No data available.
      Related CEACR Comments
      • Occupational Health Services Convention, 1985 (No. 161) Direct Request 2016
- 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: Workers must comply with health and safety guidelines (§ 43).
  
  Workers must comply with the instructions given to them, use adequately hygiene and safety devices and refrain from removing or modifying them without authorization from the employer (§ 139).
  • Loi n° 2012-45 du 25 septembre 2012 portant Code du travail de la République du Niger. (§§ 43, 139)
- 7.7 Right to enquire about risks and preventive measures
  No data available.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
- 7.8 Right to remove themselves from a dangerous situation
  Summary / Citation: However, workers shall immediately report to the employer or his representative when they have reasonable justification to believe there is an imminent and serious danger to their life or health and when they find any defects in the protection systems.
  • Loi n° 2012-45 du 25 septembre 2012 portant Code du travail de la République du Niger. (§ 139)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
- 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 Technical Advisory Committee on Safety and Health at Work is set up within the Ministry of Labour.
  • Loi n° 2012-45 du 25 septembre 2012 portant Code du travail de la République du Niger. (§ 261)
  Related CEACR Comments
  • Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) Direct Request 2015
  - 8.1.1 Objectives, roles and/or functions
    Summary / Citation: A decree shall determine the composition and functioning of the Committee, which will be chaired by the Minister for Labour or a representative.
    • Loi n° 2012-45 du 25 septembre 2012 portant Code du travail de la République du Niger. (§ 261)
  - 8.1.2 Constitution and chairmanship modalities
    Summary / Citation: A decree shall determine the composition and functioning of the Committee, which will be chaired by the Minister for Labour or a representative.
    • Loi n° 2012-45 du 25 septembre 2012 portant Code du travail de la République du Niger. (§ 262)
- 8.2 Employers’ duty to consult workers on risks
  No data available.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
- 8.3 Workers’ right to select their representatives for health and safety matters
  Summary / Citation: Workers representatives must be elected for a term of two years in companies employing more than ten workers.
  Remarks / comments: The law does not provide for the right of workers to select OSH representatives. However workers representatives in the company have the function to supervise the application of OSH and welfare legal provisions and suggest useful measures in this regard.
  • Loi n° 2012-45 du 25 septembre 2012 portant Code du travail de la République du Niger. (§ 212)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  - 8.3.1 Workforce size conditions for workers’ representation in health and safety
    Summary / Citation: Workers representatives must be elected in companies employing more than ten workers.
    • Loi n° 2012-45 du 25 septembre 2012 portant Code du travail de la République du Niger. (§ 212)
  - 8.3.2 Conditions of eligibility to represent workers in health and safety
    Summary / Citation: The law does not require specific qualifications to be a workers’ representative. However, the law foresees a number of requirements to be fulfilled in order to be eligible as a workers’ representative: the worker must be at least twenty-one years old, have worked in the business continuously for twelve months and not be relatives of the employer.
    • Loi n° 2012-45 du 25 septembre 2012 portant Code du travail de la République du Niger. (§ 215)
- 8.4 OSH representatives’ functions, rights and powers
  Sometimes.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  - 8.4.1 Right to inspect the workplace
    Remarks / comments: However Art. 274.3 of the Labour Code stipulates that labour inspectors have the power to require staff representatives in the company to accompany them during the inspection.
  - 8.4.2 Right to access OSH information
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  - 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: A decree shall determine, among other issues, the number of delegates and their distribution on the professional level, and the facilities made available to them.
    • Loi n° 2012-45 du 25 septembre 2012 portant Code du travail de la République du Niger. (§ 222)
  - 8.4.7 Right to have time off work with pay to perform duties
    Summary / Citation: The employer is required to provide staff representatives with the necessary time to perform their functions which shall not exceed fifteen hours per month. This time is considered as working hours. The time spent in meetings with the employer at the invitation of the latter are not included in the fifteen hours credit reserved for the performance of staff representatives’ duties.
    • Loi n° 2012-45 du 25 septembre 2012 portant Code du travail de la République du Niger. (§ 220)
  - 8.4.8 Right to issue remedial notices
    No data available.
  - 8.4.9 Right to resolve OSH issues in consultation with employers
    No data available.
  - 8.4.10 Right to direct that dangerous work cease
    No data available.
- 8.5 Right of workers’ representatives from outside the undertaking to address OSH issues at the workplace
  No data available.
  - 8.5.1 Right to enter the workplace
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  - 8.5.2 Right to investigate suspected non-compliance with OSH legislation
    No data available.
  - 8.5.3 Right to consult with workers
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  - 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: Companies employing at least fifty workers must establish an OSH committee, composed by the employer or its representatives and staff representatives.
  • Loi n° 2012-45 du 25 septembre 2012 portant Code du travail de la République du Niger. (§ 145)
  - 8.6.1 Participation of workers’ representatives in joint OSH committee
    Summary / Citation: Companies employing at least fifty workers must establish an OSH committee, composed by the employer or its representatives and staff representatives.
    • Loi n° 2012-45 du 25 septembre 2012 portant Code du travail de la République du Niger. (§ 145)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  - 8.6.2 Conditions for establishing a joint OSH committee
    Summary / Citation: Companies employing at least fifty workers must establish an OSH committee, composed by the employer or its representatives and staff representatives.
    
    The Labour Inspector may request the establishment of an OSH committee in companies employing less than 50 workers when it is necessary, and in particular due to the hazards of the activity, the level of risk, the nature of work and the arrangement of equipment or premises. This decision is subject to appeal.
    
    • Loi n° 2012-45 du 25 septembre 2012 portant Code du travail de la République du Niger. (§ 145)
  - 8.6.3 Objectives, roles and/or functions of joint OSH committees
    Summary / Citation: Without prejudice to the powers of workers’ representatives, the OSH committee is responsible for the assessment of OSH conditions provided for the protection of workers, including those made available to the employer by an external company. The OSH committee supervises the application of laws and regulations and contributes to OSH training for all company’s members. It provides advice on the internal rules of the company and on any decision aiming at modifying OSH conditions.
    The employer must submit to the OSH Committee a general assessment of risks workers are exposed to and a prevention program. The risk assessment and prevention program must be updated at least every two years.
    • Loi n° 2012-45 du 25 septembre 2012 portant Code du travail de la République du Niger. (§ 146)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  - 8.6.4 Keeping record of the work of joint OSH committees
    No data available.
  - 8.6.5 Sharing the minutes of joint OSH committees meetings
    No data available.
- 8.7 Mandatory training for members of joint OSH committee(s)
  No data available.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
- 8.8 Protection against reprisals
  No data available.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
- 8.9 Immunity from civil and criminal liability for exercising OSH related rights and duties
  No data available.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
9 Specific hazards or risks
- 9.1 Biological hazards
  Summary / Citation: Biological hazards are not addressed by the law. However, decrees issued by the Council of Ministers, after consultation with the Technical Advisory Committee of Health and Safety at Work, shall determine the general protection and safety standards applicable to all establishments subject to the Labour Code, particularly with regard to workplaces, lighting, ventilation, drinking water, sanitary installations, removal of dust and fumes, precautions against fire, radiation, noise and vibration, as well as, when needed, specific requirements for certain professions, work operations or working methods.
  These decrees shall contain lists of hazardous substances and preparations which must be limited or restricted, as well as lists of dangerous machinery or parts of this machinery which are prohibited to be manufactured, sold, imported, transferred and used.
  • Loi n° 2012-45 du 25 septembre 2012 portant Code du travail de la République du Niger. (§ 140)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
- 9.2 Chemical hazards
  No data available.
  - 9.2.1 Handling, storage, labelling and use
    Summary / Citation: Handling, storage, labelling and use of chemicals are not addressed by the law. However, decrees issued by the Council of Ministers, after consultation with the Technical Advisory Committee of Health and Safety at Work, shall determine the general protection and safety standards applicable to all establishments subject to the Labour Code, particularly with regard to workplaces, lighting, ventilation, drinking water, sanitary installations, removal of dust and fumes, precautions against fire, radiation, noise and vibration, as well as, when needed, specific requirements for certain professions, work operations or working methods.
    These decrees shall contain lists of hazardous substances and preparations which must be limited or restricted, as well as lists of dangerous machinery or parts of this machinery which are prohibited to be manufactured, sold, imported, transferred and used.
    • Loi n° 2012-45 du 25 septembre 2012 portant Code du travail de la République du Niger. (§ 140)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  - 9.2.2 Duty of manufacturers, suppliers and importers of chemicals in relation to the safety and health of users
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  - 9.2.3 Pesticides
    Summary / Citation: Pesticides are not addressed by the law. However, decrees issued by the Council of Ministers, after consultation with the Technical Advisory Committee of Health and Safety at Work, shall determine the general protection and safety standards applicable to all establishments subject to the Labour Code, particularly with regard to workplaces, lighting, ventilation, drinking water, sanitary installations, removal of dust and fumes, precautions against fire, radiation, noise and vibration, as well as, when needed, specific requirements for certain professions, work operations or working methods.
    These decrees shall contain lists of hazardous substances and preparations which must be limited or restricted, as well as lists of dangerous machinery or parts of this machinery which are prohibited to be manufactured, sold, imported, transferred and used.
    • Loi n° 2012-45 du 25 septembre 2012 portant Code du travail de la République du Niger. (§ 140)
- 9.3 Ergonomic hazards
  No data available.
- 9.4 Physical hazards
  Sometimes.
  - 9.4.1 Ionising radiation
    Summary / Citation: Ionising radiation is not addressed by the law. However, decrees issued by the Council of Ministers, after consultation with the Technical Advisory Committee of Health and Safety at Work, shall determine the general protection and safety standards applicable to all establishments subject to the Labour Code, particularly with regard to workplaces, lighting, ventilation, drinking water, sanitary installations, removal of dust and fumes, precautions against fire, radiation, noise and vibration, as well as, when needed, specific requirements for certain professions, work operations or working methods.
    These decrees shall contain lists of hazardous substances and preparations which must be limited or restricted, as well as lists of dangerous machinery or parts of this machinery which are prohibited to be manufactured, sold, imported, transferred and used.
    • Loi n° 2012-45 du 25 septembre 2012 portant Code du travail de la République du Niger. (§ 140)
  - 9.4.2 Vibration and noise
    Summary / Citation: Vibration and noise are not addressed by the law. However, decrees issued by the Council of Ministers, after consultation with the Technical Advisory Committee of Health and Safety at Work, shall determine the general protection and safety standards applicable to all establishments subject to the Labour Code, particularly with regard to workplaces, lighting, ventilation, drinking water, sanitary installations, removal of dust and fumes, precautions against fire, radiation, noise and vibration, as well as, when needed, specific requirements for certain professions, work operations or working methods.
    These decrees shall contain lists of hazardous substances and preparations which must be limited or restricted, as well as lists of dangerous machinery or parts of this machinery which are prohibited to be manufactured, sold, imported, transferred and used.
    • Loi n° 2012-45 du 25 septembre 2012 portant Code du travail de la République du Niger. (§ 140)
    Related CEACR Comments
    • Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) Observation 2012
    • Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) Direct Request 2015
  - 9.4.3 Working at height
    Summary / Citation: Working at height is not addressed by the law. However, decrees issued by the Council of Ministers, after consultation with the Technical Advisory Committee of Health and Safety at Work, shall determine the general protection and safety standards applicable to all establishments subject to the Labour Code, particularly with regard to workplaces, lighting, ventilation, drinking water, sanitary installations, removal of dust and fumes, precautions against fire, radiation, noise and vibration, as well as, when needed, specific requirements for certain professions, work operations or working methods.
    These decrees shall contain lists of hazardous substances and preparations which must be limited or restricted, as well as lists of dangerous machinery or parts of this machinery which are prohibited to be manufactured, sold, imported, transferred and used.
    • Loi n° 2012-45 du 25 septembre 2012 portant Code du travail de la République du Niger. (§ 140)
  - 9.4.4 Working in confined spaces
    Summary / Citation: Working in confined spaces is not addressed by the law. However, decrees issued by the Council of Ministers, after consultation with the Technical Advisory Committee of Health and Safety at Work, shall determine the general protection and safety standards applicable to all establishments subject to the Labour Code, particularly with regard to workplaces, lighting, ventilation, drinking water, sanitary installations, removal of dust and fumes, precautions against fire, radiation, noise and vibration, as well as, when needed, specific requirements for certain professions, work operations or working methods.
    These decrees shall contain lists of hazardous substances and preparations which must be limited or restricted, as well as lists of dangerous machinery or parts of this machinery which are prohibited to be manufactured, sold, imported, transferred and used.
    • Loi n° 2012-45 du 25 septembre 2012 portant Code du travail de la République du Niger. (§ 140)
  - 9.4.5 Risks arising from poor maintenance of workplace facilities
    Summary / Citation: Risks arising from poor maintenance of workplace facilities are not addressed by the law. However, decrees issued by the Council of Ministers, after consultation with the Technical Advisory Committee of Health and Safety at Work, shall determine the general protection and safety standards applicable to all establishments subject to the Labour Code, particularly with regard to workplaces, lighting, ventilation, drinking water, sanitary installations, removal of dust and fumes, precautions against fire, radiation, noise and vibration, as well as, when needed, specific requirements for certain professions, work operations or working methods.
    These decrees shall contain lists of hazardous substances and preparations which must be limited or restricted, as well as lists of dangerous machinery or parts of this machinery which are prohibited to be manufactured, sold, imported, transferred and used.
    • Loi n° 2012-45 du 25 septembre 2012 portant Code du travail de la République du Niger. (§ 140)
  - 9.4.6 Exposure to extreme temperatures
    Summary / Citation: Exposure to extreme temperatures is not addressed by the law. However, decrees issued by the Council of Ministers, after consultation with the Technical Advisory Committee of Health and Safety at Work, shall determine the general protection and safety standards applicable to all establishments subject to the Labour Code, particularly with regard to workplaces, lighting, ventilation, drinking water, sanitary installations, removal of dust and fumes, precautions against fire, radiation, noise and vibration, as well as, when needed, specific requirements for certain professions, work operations or working methods.
    These decrees shall contain lists of hazardous substances and preparations which must be limited or restricted, as well as lists of dangerous machinery or parts of this machinery which are prohibited to be manufactured, sold, imported, transferred and used.
    • Loi n° 2012-45 du 25 septembre 2012 portant Code du travail de la République du Niger. (§ 140)
  - 9.4.7 Fire risks
    Summary / Citation: Fire risks are not addressed by the law. However, decrees issued by the Council of Ministers, after consultation with the Technical Advisory Committee of Health and Safety at Work, shall determine the general protection and safety standards applicable to all establishments subject to the Labour Code, particularly with regard to workplaces, lighting, ventilation, drinking water, sanitary installations, removal of dust and fumes, precautions against fire, radiation, noise and vibration, as well as, when needed, specific requirements for certain professions, work operations or working methods.
    These decrees shall contain lists of hazardous substances and preparations which must be limited or restricted, as well as lists of dangerous machinery or parts of this machinery which are prohibited to be manufactured, sold, imported, transferred and used.
    • Loi n° 2012-45 du 25 septembre 2012 portant Code du travail de la République du Niger. (§ 140)
  - 9.4.8 Tobacco
    Summary / Citation: Stress, smoking, alcoholism, drug addiction and HIV/AIDS are emerging health risks at the workplace. Employers are required to raise awareness on emerging health risks and inform workers and provide them with psychosocial assistance.
    • Loi n° 2012-45 du 25 septembre 2012 portant Code du travail de la République du Niger. (§ 152)
  - 9.4.9 Asbestos
    Summary / Citation: Asbestos is not addressed by the law. However, decrees issued by the Council of Ministers, after consultation with the Technical Advisory Committee of Health and Safety at Work, shall determine the general protection and safety standards applicable to all establishments subject to the Labour Code, particularly with regard to workplaces, lighting, ventilation, drinking water, sanitary installations, removal of dust and fumes, precautions against fire, radiation, noise and vibration, as well as, when needed, specific requirements for certain professions, work operations or working methods.
    These decrees shall contain lists of hazardous substances and preparations which must be limited or restricted, as well as lists of dangerous machinery or parts of this machinery which are prohibited to be manufactured, sold, imported, transferred and used.
    • Loi n° 2012-45 du 25 septembre 2012 portant Code du travail de la République du Niger. (§ 140)
  - 9.4.10 Risks related to nanotechnology
    Summary / Citation: Risks related to nanotechnology are not addressed by the law. However, decrees issued by the Council of Ministers, after consultation with the Technical Advisory Committee of Health and Safety at Work, shall determine the general protection and safety standards applicable to all establishments subject to the Labour Code, particularly with regard to workplaces, lighting, ventilation, drinking water, sanitary installations, removal of dust and fumes, precautions against fire, radiation, noise and vibration, as well as, when needed, specific requirements for certain professions, work operations or working methods.
    These decrees shall contain lists of hazardous substances and preparations which must be limited or restricted, as well as lists of dangerous machinery or parts of this machinery which are prohibited to be manufactured, sold, imported, transferred and used.
    • Loi n° 2012-45 du 25 septembre 2012 portant Code du travail de la République du Niger. (§ 140)
  - 9.4.11 Contraction of HIV in the workplace
    Summary / Citation: Regarding HIV-AIDS and sickle cell disease, the employer is required to provide support to workers in accordance with the regulations. These diseases cannot, in any way, be a cause for the dismissal of workers (§ 152).
    
    Stress, smoking, alcoholism, drug addiction and HIV/AIDS are emerging health risks at the workplace. Employers are required to raise awareness on emerging health risks and inform workers and provide them with psychosocial assistance (§ 155).
    
    The employer shall not, under any circumstances, require a job applicant to provide a HIV-AIDS or sickle cell anaemia test at the time of recruitment (§ 156).
    
    • Loi n° 2012-45 du 25 septembre 2012 portant Code du travail de la République du Niger. (§§ 152,155,156)
- 9.5 Psychosocial hazards
  Yes.
  - 9.5.1 Psychosocial risks
    Summary / Citation: Stress, smoking, alcoholism, drug addiction and HIV/AIDS are emerging health risks at the workplace. Employers are required to raise awareness on emerging health risks and inform workers and provide them with psychosocial assistance.
    • Loi n° 2012-45 du 25 septembre 2012 portant Code du travail de la République du Niger. (§ 155)
  - 9.5.2 Occupational violence
    Summary / Citation: Sexual harassment by abuse of authority, for the purpose of obtaining sexual favours, is forbidden.
    • Loi n° 2012-45 du 25 septembre 2012 portant Code du travail de la République du Niger. (§ 45)
- 9.6 Other hazardous substances
  Summary / Citation: Other hazardous substances are not addressed by the law. However, decrees issued by the Council of Ministers, after consultation with the Technical Advisory Committee of Health and Safety at Work, shall determine the general protection and safety standards applicable to all establishments subject to the Labour Code, particularly with regard to workplaces, lighting, ventilation, drinking water, sanitary installations, removal of dust and fumes, precautions against fire, radiation, noise and vibration, as well as, when needed, specific requirements for certain professions, work operations or working methods.
  These decrees shall contain lists of hazardous substances and preparations which must be limited or restricted, as well as lists of dangerous machinery or parts of this machinery which are prohibited to be manufactured, sold, imported, transferred and used.
  • Loi n° 2012-45 du 25 septembre 2012 portant Code du travail de la République du Niger. (§ 140)
- 9.7 Machineries
  Sometimes.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  - 9.7.1 Risks related to machinery and tools
    Summary / Citation: Risks related to machinery and tools are not addressed by the law. However, decrees issued by the Council of Ministers, after consultation with the Technical Advisory Committee of Health and Safety at Work, shall determine the general protection and safety standards applicable to all establishments subject to the Labour Code, particularly with regard to workplaces, lighting, ventilation, drinking water, sanitary installations, removal of dust and fumes, precautions against fire, radiation, noise and vibration, as well as, when needed, specific requirements for certain professions, work operations or working methods.
    These decrees shall contain lists of hazardous substances and preparations which must be limited or restricted, as well as lists of dangerous machinery or parts of this machinery which are prohibited to be manufactured, sold, imported, transferred and used.
    • Loi n° 2012-45 du 25 septembre 2012 portant Code du travail de la République du Niger. (§ 140)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
    • Guarding of Machinery Convention, 1963 (No. 119) Observation 1990
    • 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
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
    • Guarding of Machinery Convention, 1963 (No. 119) Observation 1990
    • 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
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
    • Guarding of Machinery Convention, 1963 (No. 119) Observation 1990
    • 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
    Summary / Citation: The duty to purchase machineries from authorised/certificated suppliers or only if approved/certificated is not foreseen by the law. However, decrees issued by the Council of Ministers, after consultation with the Technical Advisory Committee of Health and Safety at Work, shall contain lists of hazardous substances and preparations which must be limited or restricted, as well as lists of dangerous machinery or parts of this machinery which are prohibited to be manufactured, sold, imported, transferred and used.
    • Loi n° 2012-45 du 25 septembre 2012 portant Code du travail de la République du Niger. (§ 140)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
    • Guarding of Machinery Convention, 1963 (No. 119) Observation 1990
    • Guarding of Machinery Convention, 1963 (No. 119) Direct Request 2015
  - 9.7.5 Maintenance of machinery and equipment
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
    - 9.7.5.1 List of equipment where applicable
      No data available.
      Related CEACR Comments
      • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
- 9.8 Provisions to protect workers in specific condition of vulnerability
  Sometimes.
  - 9.8.1 Protection of pregnancy at work
    Remarks / comments: However Article 108 of the Labour Code stipulates that works likely to harm women reproductive capacity or, in the case of a pregnant woman, those affecting her health or that of the child can be forbidden by Decrees issued by the Council of Ministers, after consulting the Advisory Committee of Labour and Employment.
  - 9.8.2 Protection of lactating women at work
    Summary / Citation: For a period of twelve months from the birth of the child, the mother has the right to rest for breastfeeding. The total duration of breaks for lactating purposes must not exceed one hour per day. The lactating worker may, during this period, leave the workplace without notice and without paying compensation for breach of contract.
    • Loi n° 2012-45 du 25 septembre 2012 portant Code du travail de la République du Niger. (§ 113)
  - 9.8.3 Limits to women’s access to specific occupations, undertakings or shifts
    Summary / Citation: The are not specific provisions limiting women’s access to specific occupations, undertakings or shifts. However, decrees issued by the Council of Ministers, after consulting the Advisory Committee of Labour and Employment, shall determine the type of work prohibited for women and pregnant women.
    Only works likely to harm women reproductive capacity or, in the case of a pregnant woman, those affecting her health or that of the child can be forbidden.
    • Loi n° 2012-45 du 25 septembre 2012 portant Code du travail de la République du Niger. (§ 108)
  - 9.8.4 Limits to workers’ access to specific occupations, undertakings or shifts by reason of age
    Summary / Citation: Children cannot be employed in a company, even as apprentices, before the age of fourteen, unless an exception is granted by decree of the Council of Ministers, after consulting the Advisory Committee of Labour and Employment, taking into account local circumstances and tasks that might be involved in the job.
    A decree determines the nature of work and the types of businesses which are not allowed to employ young people and the limit age to which this prohibition applies.
    Children aged fourteen may perform light work. The employer is required to give prior notification to the labour inspector who must reply in an eight-day period by agreeing or disagreeing.
    Worst forms of child labour are forbidden. The Law contains a list with worst forms of child labour.
    • Loi n° 2012-45 du 25 septembre 2012 portant Code du travail de la République du Niger. (§§ 106-107)
    Related CEACR Comments
    • Minimum Age Convention, 1973 (No. 138) Observation 2018
    • Minimum Age Convention, 1973 (No. 138) Direct Request 2018
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
  No data available.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  - 10.1.1 Work-related accidents
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  - 10.1.2 Near miss incidents
    No data available.
  - 10.1.3 Occupational diseases
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
- 10.2 Employers’ duty to notify OSH authorities of work related death and/or injuries to health
  Summary / Citation: The employer is required to report any work-related accident or occupational disease diagnosed in the manner and time provided by the regulations on compensation for occupational accidents and diseases.
  • Loi n° 2012-45 du 25 septembre 2012 portant Code du travail de la République du Niger. (§ 144)
  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2015
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2019
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
11 OSH inspection and enforcement of OSH legislation
- 11.1 Appointment of OSH inspectors
  Summary / Citation: The enforcement of the labour laws and regulations is carried out by labour inspectors.
  • Loi n° 2012-45 du 25 septembre 2012 portant Code du travail de la République du Niger. (§ 267)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
- 11.2 OSH inspectors’ powers
  Sometimes.
  - 11.2.1 Power to enter workplaces
    Summary / Citation: Labour inspectors have the power to enter workplaces to inspect without previous notice at any time.
    • Loi n° 2012-45 du 25 septembre 2012 portant Code du travail de la République du Niger. (§ 274(1))
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2015
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2019
  - 11.2.2 Power to inspect and carry out any examination, test or enquiry
    Summary / Citation: Labour inspectors have the power to carry out any examination, test or inquiry considered necessary to ensure that labour provisions are being strictly observed, including:
    a) examine, with or without witnesses, the employer and the workers of the company, check their identity, request information from any person whose testimony may seem necessary;
    b) require any record or document which is required under the labour legislation;
    c) take or remove for analysis, in the presence of the employer, samples of materials and substances used or handled.
    • Loi n° 2012-45 du 25 septembre 2012 portant Code du travail de la République du Niger. (§ 274(4))
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2015
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2019
  - 11.2.3 Power to investigate
    No data available.
  - 11.2.4 Duty to provide advice on OSH
    No data available.
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2015
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2019
- 11.3 OSH inspectors’ enforcement powers
  Sometimes.
  - 11.3.1 Power to issue orders or notices
    Summary / Citation: Labour inspectors have the right to require employers to post at the workplace all notices and information required by law and regulations (§ 274(5)).
    
    When labour inspectors observe serious violations of the requirements set under labour law, they shall order the employer to take the necessary steps to stop such violations, and in case of refusal, they shall refer to the Minister of Labour who will decide on the appropriate sanctions (§ 275).
    • Loi n° 2012-45 du 25 septembre 2012 portant Code du travail de la République du Niger. (§§ 274(5), 275)
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2015
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2019
  - 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 2019
  - 11.3.4 Power to require the cessation of dangerous work
    No data available.
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2015
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2019
  - 11.3.5 Power to initiate prosecutions
    Summary / Citation: Labour inspectors can indicate in a verbal process violations of the provisions of labour legislation and regulation. Those indications are taken as evidence until proof to the contrary is provided. Inspectors are entitled to refer to the competent judicial authorities who must keep them informed of the outcome.
    • Loi n° 2012-45 du 25 septembre 2012 portant Code du travail de la République du Niger. (§ 273)
  - 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
    Summary / Citation: Minimum: 100.000 CFA (Central African Franc) [196.846 USD]
    Maximum: 2.000.000 CFA (Central African Franc) [3,930.27 USD}
    • Loi n° 2012-45 du 25 septembre 2012 portant Code du travail de la République du Niger. (§§ 337-361)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  - 11.4.2 Financial penalties for natural persons
    Summary / Citation: Minimum: 100.000 CFA (Central African Franc) [196.846 USD]
    Maximum: 2.000.000 CFA (Central African Franc) [3,930.27 USD}
    • Loi n° 2012-45 du 25 septembre 2012 portant Code du travail de la République du Niger. (§§ 337-361)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  - 11.4.3 Non-financial sanctions
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  - 11.4.4 Criminal liability
    Summary / Citation: Whoever by mistake, carelessness, negligence or breach of regulations unintentionally causes injury or disease involving working disability for more than ten days shall be punished with an imprisonment of two months to one year and a fine of 20,000 to 200,000 francs or with one of these penalties.
    • Loi n° 2003-025 du 13 juin 2003 modifiant la loi n° 61-27 du 15 juillet 1961 portant institution du Code pénal. (§ 272)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  - 11.4.5 Terms of imprisonment for natural persons
    Summary / Citation: Minimum: 2 years
    Maximum: 10 years
    • Loi n° 2012-45 du 25 septembre 2012 portant Code du travail de la République du Niger. (§§ 337-361)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015

Niger - 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