Chad - 2015

1.1 Description of OSH regulatory framework

2.1 Health and safety covers physical and psychological health

2.2 Definition of worker

• 2.2.1 Coverage of particular categories of workers

  Yes.
  

  • 2.2.1.1 Migrant workers

    Summary/citation: Migrant workers are included in the scope of application of OSH legislation.The Labour Code states that "a person is considered a worker for the purposes of this act, regardless of sex or nationality, where he or she has undertaken to place his or her professional activity, for remuneration, under the direction and authority of another person named the employer as defined in article 4".

    • Loi n° 38/PR/96 du 11 décembre 1996 portant Code du Travail. (Art. 3)

  • 2.2.1.2 Domestic workers

    No data available.
    

  • 2.2.1.3 Home workers

    No data available.
    

  • 2.2.1.4 Self-employed persons

    No data available.
    

2.3 Definition of employer

2.4 Exclusion of branches of economic activity

• 2.4.1 Agriculture

  Summary/citation: This Code governs labor relations between workers and employers on the territory of the Republic of Chad.

  • Loi n° 38/PR/96 du 11 décembre 1996 portant Code du Travail. (Art. 1)

• 2.4.2 Construction

  Summary/citation: This Code governs labor relations between workers and employers on the territory of the Republic of Chad.

  • Loi n° 38/PR/96 du 11 décembre 1996 portant Code du Travail. (Art. 1)

• 2.4.3 Services

  Summary/citation: This Code governs labor relations between workers and employers on the territory of the Republic of Chad.

  • Loi n° 38/PR/96 du 11 décembre 1996 portant Code du Travail. (Art. 1)

• 2.4.4 Public sector

  Summary/citation: The provisions of this Act do not apply to:
  a) the magistrates of the judiciary;
  b) members of the armed forces;
  c) persons appointed to a permanent post of a public administration;
  d) administrative and auxiliary staff of the State and public authorities, unless special provisions are applicable.
  

  • Loi n° 38/PR/96 du 11 décembre 1996 portant Code du Travail. (Art. 2)

• 2.4.5 Other

  No data available.
  

2.5 Definition of occupational accident

2.6 Definition of occupational disease

• 2.6.1 List of occupational diseases

  Summary/citation: The criteria for identification and compensation of occupational diseases can be found under each table of the national list of occupational diseases.

  • Loi n° 38/PR/96 du 11 décembre 1996 portant Code du Travail. (Art. 116)

• 2.6.2 Mechanism for compensating other diseases as occupational ones

  No data available.
  

3.1 Competent national authority for safety and health at work

• 3.1.1 Objectives, roles and/or functions

  Summary/citation: Occupational health and safety standards are defined by decree of the Council of Ministers upon proposal by the Minister of Labour and Social Security, after consulting with the Technical Advisory Committee.

  The decree provides workers, while taking into account local conditions, with health and safety standards in line with those recommended by the International Labour Organisation and other internationally recognized technical organizations.

  • Loi n° 38/PR/96 du 11 décembre 1996 portant Code du Travail. (Art. 224)

• 3.1.2 Chairperson and composition

  No data available.
  

3.2 National OSH research programme or institute

• 3.2.1 Objectives, roles and/or functions

  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

• 3.3.1 Consultation on the national OSH programme

  No data available.
  

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

  No data available.
  

4.5 Surveillance of the working environment and working practices

4.6 Duty to provide personal protective equipment

4.7 Duty to ensure the usage of personal protective equipment

4.8 Duty to provide first-aid and welfare facilities

• 4.8.1 Arrangements for first-aid

  Summary / Citation: The decrees issued by the Council of Ministers made on a joint proposal of the Minister of Labour and Social Security and the Minister of Public Health shall determine the implementing rules for the provisions of the labour Code.
  (...)
  Those decrees also provide for, depending on the company size, the facilities and medical equipment which are required to be established, including infirmary and a first aid kit.

  • Loi n° 38/PR/96 du 11 décembre 1996 portant Code du Travail. (Art. 243)

• 4.8.2 Sanitary installations

  Summary / Citation: The decrees issued by the Council of Ministers made on a joint proposal of the Minister of Labour and Social Security and the Minister of Public Health shall determine the implementing rules for the provisions of the labour Code.
  (...)
  Those decrees also provide for, depending on the company size, the facilities and medical equipment which are required to be established including dressing rooms.

  • Loi n° 38/PR/96 du 11 décembre 1996 portant Code du Travail. (Art. 243)

• 4.8.3 Drinking water

  Summary / Citation: It is forbidden to bring and consume alcoholic beverages on the work premises and during working hours.
  Water and non-alcoholic beverages shall be provided by rhe employer on the work premises and during working hours. These requirements are subject to regular checks by the inspector or the medical labour inspector.
  

  • Loi n° 38/PR/96 du 11 décembre 1996 portant Code du Travail. (Art. 228)

• 4.8.4 Rest and eating areas

  No data available.
  

5.1 Elements of an OSH management system

• 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

  Summary/citation: The law does not require the appointment of a person in charge of health and safety but it requires the employer or his/her representative to organise the ongoing surveillance of the application of the rules of hygiene, safety and health at work.

  • Loi n° 38/PR/96 du 11 décembre 1996 portant Code du Travail. (Art. 229)

• 5.1.3 Written risk assessment

  Summary/citation: The rules of procedure is a document prepared by the management of the establishment or undertaking which sets out the conditions for the execution of the work contract which relate to the technical organization of work, discipline and the requirements concerning health and safety.
  (Art. 81)

  Rules of procedure must be prepared in industrial and commercial establishments normally employing at least 25 workers, regardless if these establishments are owned by a private company or public authority.
  (Art. 82)

  The rules of procedure must be posted in easily accessible places where work is carried out and in places where recruitment procedures take place, with the exception of construction sites, temporary working sites and facilities. It must be legible.
  (Art. 85)

  Any amendments to rules of procedure and any new educational programmes, regardless of form, implemented by the management and relating to matters that are covered by the rules of procedure, are subject to the same requirements, including filing and display, as the rules of procedure.
  (Art. 86)

  • Loi n° 38/PR/96 du 11 décembre 1996 portant Code du Travail. (Art. 81, 82, 85, 86)

• 5.1.4 Safe operating work systems and procedures

  No data available.
  

• 5.1.5 Training and information on risks

  Summary/citation: Employers are required to organize an occupational health and safety training for newly hired employees, employees who change workstations or technical posts, and for those who return to work after a leave of more than six months.
  This training must be updated for all staff in the event of changes in legislation or regulation.

  • Loi n° 38/PR/96 du 11 décembre 1996 portant Code du Travail. (Art. 227)

• 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: Consultation with workers happens through their representatives present in the health and safety committee (Article 231) and the staff delegates (délégué du personnel) (Article 383).

  • Arrêté n° 0008/MFPTPEM/SE/DG/DTESS/99 du 13 mars 1999 portant organisation et fonctionnement des comités d'hygiène et de sécurité (C.H.S.) dans les entreprises et les établissements.

  • Loi n° 38/PR/96 du 11 décembre 1996 portant Code du Travail. (Art. 231 and 383)

5.2 Obligation to implement a specific OSH management system or standard

6.1 OSH competence

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

  Summary / Citation: The employer must establish a health care service for his/her workers. The service is responsible for:
  - Carrying out a health check for workers and job applicants or newly hired employees, not later than the end of their trial period.
  - Conducting regularly health checks for employees to ensure good health and ongoing ability to perform their job.
  (Art. 239)

  The occupational health service is provided by one or more physicians. Their role consists of preventing the work of employees from negative conditions affecting their health, including monitoring industrial safety conditions, the risk of contagion and workers' health.
  Whenever possible, the occupational physician is a physician specializing in occupational medicine.
  (Art. 240)

  The cost of installing the occupational health services are the sole responsibility of the employer.
  (Art. 241)

  Depending on the size of businesses, the occupational health service can be a single or joint-enterprise service. In the case of joint service, expenses are distributed between the companies in proportion to the number of their respective employees.
  (Art. 242)

  The decrees issued by the Council of Ministers made on a joint proposal of the Minister of Labour and Social Security and the Minister of Public Health shall determine the implementing rules for the provisions of the Labour Code.
  They shall determine, inter alia, the conditions of organization and functioning of the medical services at the workplace, the conditions under which medical checks are performed during recruitment processes, and the periodic medical checks; the contents and filling of medical records which must be made available to the labour inspector and the medical labour inspector.
  (Art. 243)

  • Loi n° 38/PR/96 du 11 décembre 1996 portant Code du Travail. (Art. 239 - 243)

  • 6.1.1.1 Qualifications of experts or professional services

    Summary / Citation: The occupational health service is composed of one or more physicians. Their role consists of preventing the work of employees from negative conditions affecting their health, including monitoring industrial safety conditions, the risk of contagion and workers' health.
    Whenever possible, the occupational physician is a physician specializing in occupational medicine.
    

    • Loi n° 38/PR/96 du 11 décembre 1996 portant Code du Travail. (Art. 240)

6.2 Appointment of an OSH practitioner

• 6.2.1 Workforce size threshold for the appointment of OSH practitioners

  No data available.
  

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

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

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

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

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

7.6 Duty to comply with OSH-related requirements

7.7 Right to enquire about risks and preventive measures

7.8 Right to remove themselves from a dangerous situation

7.9 Right to be reassigned to non-hazard work

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

  No data available.
  

8.1 National OSH committee, commission, council or similar body

• 8.1.1 Objectives, roles and/or functions

  Summary / Citation: The advice of the Committee is required by the Minister of Labour and Social Security before the adoption of texts and regulations on occupational health and safety.
  (Art. 334)

  The decrees issued by the Cabinet on the proposal of the Minister of Labour and Social Security, after consultation of the Advisory Technical Committee shall determine:
  - The general measures of protection and safety applicable to all establishments and enterprises subject to this Code, particularly with regard to lighting, ventilation or aeration, drinking water, latrines, the evacuation of dust and fumes, precautions against fire, radiation, noise and vibration;
  - When specific requirements for certain professions in certain activities, operations or work methods shall be established;
  - The jobs or establishments prohibited to women, apprentices and young employees under eighteen years because of the risks they pose to their health, safety or morals.
  These decrees may restrict, regulate or prohibit the manufacture, sale, importation, and the use of machinery or dangerous substances for workers.
  (Art. 336)

  • Loi n° 38/PR/96 du 11 décembre 1996 portant Code du Travail. (Art. 334 and 336)

• 8.1.2 Constitution and chairmanship modalities

  Summary / Citation: The composition and operation of the Technical Advisory Committee for Safety and Health at Work which includes employer and worker representatives and national experts, will be set out in an order of the Minister of Labour and Social Security.

  • Loi n° 38/PR/96 du 11 décembre 1996 portant Code du Travail. (Art. 335)

8.2 Employers’ duty to consult workers on risks

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

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

  Summary / Citation: Staff delegates: no data available

  Safety and health committee: Article 1: There shall be established in accordance with article 232 of the Labour Code a Health and Safety Committee in:
  1. All establishments or undertakings normally employing at least 50 employees;
  2. In all industrial establishments or undertakings, buildings and public works employing at least 20 employees (including temporary and casual workers);
  3. Construction sites lasting at least 6 months or regrouping several companies.
  However, the labour inspector may require the creation of such a committee in any institution, company or site depending on the nature of particular works and risks which may affect workers.

  • Arrêté n° 0008/MFPTPEM/SE/DG/DTESS/99 du 13 mars 1999 portant organisation et fonctionnement des comités d'hygiène et de sécurité (C.H.S.) dans les entreprises et les établissements. (Art. 1)

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

  Summary / Citation: Staff delegates: Article 383: A decree of the Council of Ministers upon proposal by the Minister of Labour and Social Security determines : (...) the requirements for voting and eligibility.
  (Loi n° 38/PR/96 du 11 décembre 1996 portant Code du Travail)

  Safety and health committee: Article 5: Workers' representatives in the safety and health committee should have skills or technical knowledge with regard to safety and health.
  (Arrêté n° 0008/MFPTPEM/SE/DG/DTESS/99 du 13 mars 1999 portant organisation et fonctionnement des comités d'hygiène et de sécurité (C.H.S.) dans les entreprises et les établissements)
  

  • Arrêté n° 0008/MFPTPEM/SE/DG/DTESS/99 du 13 mars 1999 portant organisation et fonctionnement des comités d'hygiène et de sécurité (C.H.S.) dans les entreprises et les établissements. (Art. 5)

  • Loi n° 38/PR/96 du 11 décembre 1996 portant Code du Travail. (Art. 383)

8.4 OSH representatives’ functions, rights and powers

• 8.4.1 Right to inspect the workplace

  Summary / Citation: Staff delegates: Article 390: During the hours of the work as representatives, staff delegates may circulate freely in the company subject to safety regulations or move on the outside of the company in the context of their mission.

  Members of the OSH committee: Article 2: The Missions of the Health and Safety Committee Inter- Company are:
  - To inspect the property to ensure the application of laws and regulations and instructions concerning the health and safety, including the compliance with the requirements for audits of machines, facilities and equipment;
  - To inspect the property to ensure the maintenance and proper use of collective and personal protective equipment.

  • Arrêté n° 0008/MFPTPEM/SE/DG/DTESS/99 du 13 mars 1999 portant organisation et fonctionnement des comités d'hygiène et de sécurité (C.H.S.) dans les entreprises et les établissements. (Art. 2)

  • Loi n° 38/PR/96 du 11 décembre 1996 portant Code du Travail. (Art. 390 )

• 8.4.2 Right to access OSH information

  No data available.
  

• 8.4.3 Right to be present at interviews

  No data available.
  

• 8.4.4 Right to receive professional assistance from OSH experts

  No data available.
  

• 8.4.5 Right to accompany inspectors

  No data available.
  

• 8.4.6 Right to use facilities

  Summary / Citation: In establishments or undertakings employing at least sixty workers, premises must be made available to delegates.

  • Loi n° 38/PR/96 du 11 décembre 1996 portant Code du Travail. (Art. 392)

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

  Summary / Citation: Staff delegates: Article 390: In the exercise of their functions, each staff delegate has, other than in exceptional circumstances justifying extension or a collective agreement providing for more credit hours, fifteen hours per month counted as working time and paid at the normal rate.
  (...)
  The time spent at the monthly meeting or any other meeting initiated the company manager or his representative, is paid as working time and shall not count as delegation credit hours.
  By agreement of the parties, the tasks of staff representatives may be exercised outside working hours without affecting their right to obtain compensation for these hours at the normal rate.

  OSH Commitee members: Article 234: In the exercise of their functions, OSH committee members have an annual credit of 10 hours paid as working hours. The time spent during meetings with the director of the company or his representative are not deducted from this annual credit hours.
  

  • Loi n° 38/PR/96 du 11 décembre 1996 portant Code du Travail. (Art. 390 and 234)

• 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: Staff delegates have several missions, such as to ensure the application of all provisions related to health and safety of workers, and to propose useful measures in this area, without prejudice to provisions of articles 231 to 234.
  

  • Loi n° 38/PR/96 du 11 décembre 1996 portant Code du Travail. (Art. 388)

• 8.4.10 Right to direct that dangerous work cease

  No data available.
  

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

• 8.5.1 Right to enter the workplace

  Summary / Citation: Trade union delegates can circulate freely in the enterprise to accomplish their representative functions, collect trade union membership fee, make posters, and distribute union documents.

  • Loi n° 38/PR/96 du 11 décembre 1996 portant Code du Travail. (Art. 403)

• 8.5.2 Right to investigate suspected non-compliance with OSH legislation

  No data available.
  

• 8.5.3 Right to consult with workers

  Summary / Citation: Trade union delegates have free time to exercise their representative functions: They participate in meetings, seminars, training, conferences, trade unions congress in which they have been invited, after consultation and authorisation of the employer or his representative. However, this authorisation can’t be refused without any valid justification.
  (Art. 402)

  Trade union delegates can circulate freely in the enterprise to accomplish their representative functions, collect trade union membership fee, make posters, and distribute union documents.
  (Art. 403)

  Remarks / comments: All these topics can be related to occupational safety and health, and imply entering at the workplace, consultation and advice

  • Loi n° 38/PR/96 du 11 décembre 1996 portant Code du Travail. (Art. 402 and 403)

• 8.5.4 Right to advise workers

  Summary / Citation: Trade union delegates have free time to exercise their representative functions: They participate in meetings, seminars, training, conferences, trade unions congress in which they have been invited, after consultation and authorisation of the employer or his representative. However, this authorisation can’t be refused without any valid justification.

  Remarks / comments: All these topics can be related to occupational safety and health, and imply entering at the workplace, consultation and advice

  • Loi n° 38/PR/96 du 11 décembre 1996 portant Code du Travail. (Art. 402)

• 8.5.5 Right to initiate enforcement action

  No data available.
  

8.6 Joint OSH Committee

• 8.6.1 Participation of workers’ representatives in joint OSH committee

  Summary / Citation: The employer must involve staff representatives in the development of health and safety measures in institutions and undertakings.
  (Loi n° 38/PR/96 du 11 décembre 1996 portant Code du Travail, Art. 231)

  The Health and Safety Committee is composed of:
  1. For Establishments and Enterprises:
  - The President: Director of the establishment or enterprise, or his representative;
  - The Rapporteur: An agent appointed by the director of the establishment or enterprise;
  - Member: The person in charge of the security of the institution or company, or the workshops manager;
  - The workers' representatives;
  - The Health Agent providing medical surveillance to workers.
  The Committee may invite any other specialist in this area.

  2. For Construction site:
  The Health and Safety Committee Inter Company is chaired by one of the company directors appointed by the group of heads of enterprises working simultaneously on the site and includes:
  - The head of each company or its representative;
  - The health worker providing medical surveillance of site personnel;
  - Two workers’ representatives;
  - An agent designated by the group of heads of enterprises in order to ensure the Secretariat.

  3. For the Mines and Quarries: The Committee includes:
  - The President: The director of the establishment or his representative;
  - The Rapporteur: An agent designated by the company director;
  - Member:
  1. Representative of miners working in deep or surface quarries;
  2. The person in charge of security.
  (Arrêté n° 0008/MFPTPEM/SE/DG/DTESS/99 du 13 mars 1999 portant organisation et fonctionnement des comités d'hygiène et de sécurité (C.H.S.) dans les entreprises et les établissements, Art. 4)
  

  • Arrêté n° 0008/MFPTPEM/SE/DG/DTESS/99 du 13 mars 1999 portant organisation et fonctionnement des comités d'hygiène et de sécurité (C.H.S.) dans les entreprises et les établissements. (Art. 4)

  • Loi n° 38/PR/96 du 11 décembre 1996 portant Code du Travail. (Art. 231)

• 8.6.2 Conditions for establishing a joint OSH committee

  Summary / Citation: There shall be established in accordance with article 232 of the Labour Code a Health and Safety Committee in:
  1. All establishments or undertakings normally employing at least 50 employees;
  2. In all industrial establishments or undertakings, buildings and public works employing at least 20 employees (including temporary and casual workers);
  3. Construction sites lasting at least 6 months or regrouping several companies.
  However, the labour inspector may require the creation of such a committee in any institution, company or site depending on the nature of particular works and risks which may affect workers.
  (Art. 1)
  

  • Arrêté n° 0008/MFPTPEM/SE/DG/DTESS/99 du 13 mars 1999 portant organisation et fonctionnement des comités d'hygiène et de sécurité (C.H.S.) dans les entreprises et les établissements. (Art. 1)

  • Loi n° 38/PR/96 du 11 décembre 1996 portant Code du Travail. (Art. 232)

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

  Summary / Citation: The Missions of the Health and Safety Committee Inter- Company are:
  - To inspect the property to ensure the application of laws and regulations and instructions concerning the health and safety, including the compliance with the requirements for audits of machines, facilities and equipment;
  - To inspect the property to ensure the maintenance and proper use of collective and personal protective equipment;
  - To carry out investigations in case of serious occupational accident and occupational diseases in order to determine the causes and suggest measures to address them;
  - To establish the statistics of accidents at work and occupational diseases;
  - To disseminate to all workers information relating to the protection of the health of workers and proper conduct of the work;
  - To generate, maintain and develop the spirit of safety among workers;
  - To take any action to promote methods and safer work processes;
  - To ensure that the training and development of all staff shall be assured in the areas of health, safety and health at work;
  - The organization and training of fire and rescue teams;
  - To participate in the identification of nuisance factors and the development of an emergency response plan.
  (Arrêté n° 0008/MFPTPEM/SE/DG/DTESS/99 du 13 mars 1999 portant organisation et fonctionnement des comités d'hygiène et de sécurité (C.H.S.) dans les entreprises et les établissements, Art. 2)

  The Committee, without prejudice of the powers of staff delegates, is in charge of the study and promotion of conditions of hygiene and safety in which the protection and health of workers are insured.
  (Art. 232)
  The health and safety committee must be convened by the employer at least twice a year. Seven days before the annual meeting, the employer must give each committee member the activity report of the current year and an anonymous copy of all declarations of accidents at work and occupational diseases which were addressed to the National Social Security Fund in the past year.
  During the meeting, these statements are discussed in the presence of the company manager or his representative to detect their causes and to consider measures to reduce or eliminate them. The Occupational Health and Safety committee can make specific proposals to which the employer is required to respond.
  (Art. 233)
  (Loi n° 38/PR/96 du 11 décembre 1996 portant Code du Travail)

  • Arrêté n° 0008/MFPTPEM/SE/DG/DTESS/99 du 13 mars 1999 portant organisation et fonctionnement des comités d'hygiène et de sécurité (C.H.S.) dans les entreprises et les établissements. (Art. 2)

  • Loi n° 38/PR/96 du 11 décembre 1996 portant Code du Travail. (Art. 232 and 233)

• 8.6.4 Keeping record of the work of joint OSH committees

  Summary / Citation: The meetings of the Health and Safety Committee are the subject of a report, a copy of which must be sent to the Labour Inspectorate, Medical Labour Inspectorate and the National Social Security Fund iwithin one month following the meeting.
  (Loi n° 38/PR/96 du 11 décembre 1996 portant Code du Travail, Art. 233)

  As part of its duties, the Committee must :
  - Complete a survey form developed by the Labour Inspectorate in all cases referred to in Article 7 paragraph 1. This form duly signed by the Committee members who carried out the survey will be established in four (4) copies and sent within 15 days to the Labour Inspectorate (the original), to the Medical Labour Inspectorate (a copy), to the National Social Security Agency (a copy), and the fourth copy remains in the Committee's archives.
  - Establish periodic reports (quarterly and annual) on the evolution of prevention in the company. These reports are also sent to the above mentioned institutions.
  - Keep up-to-date the security register provided for in Article 14.
  (Arrêté n° 0008/MFPTPEM/SE/DG/DTESS/99 du 13 mars 1999 portant organisation et fonctionnement des comités d'hygiène et de sécurité (C.H.S.) dans les entreprises et les établissements, Art. 3)

  • Arrêté n° 0008/MFPTPEM/SE/DG/DTESS/99 du 13 mars 1999 portant organisation et fonctionnement des comités d'hygiène et de sécurité (C.H.S.) dans les entreprises et les établissements. (Art. 3)

  • Loi n° 38/PR/96 du 11 décembre 1996 portant Code du Travail. (Art. 233)

• 8.6.5 Sharing the minutes of joint OSH committees meetings

  Summary / Citation: The meetings of the Health and Safety Committee are the subject to a report, a copy of which must be sent to the Labour Inspectorate, Medical Labour Inspectorate and the National Social Security Fund within one month following the meeting.

  • Loi n° 38/PR/96 du 11 décembre 1996 portant Code du Travail. (Art. 233)

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

8.8 Protection against reprisals

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

9.1 Biological hazards

9.2 Chemical hazards

• 9.2.1 Handling, storage, labelling and use

  No data available.
  

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

  No data available.
  

• 9.2.3 Pesticides

  No data available.
  

9.3 Ergonomic hazards

9.4 Physical hazards

• 9.4.1 Ionising radiation

  Summary / Citation: The decrees issued by the Cabinet on the proposal of the Minister of Labour and Social Security, after consultation of the Advisory Technical Committee shall determine: the general measures of protection and safety applicable to all establishments and enterprises subject to this Code, particularly with regard to lighting, ventilation or aeration, drinking water, latrines, the evacuation of dust and fumes, precautions against fire, radiation, noise and vibration; (…)

  • Loi n° 38/PR/96 du 11 décembre 1996 portant Code du Travail. (Art. 336)

• 9.4.2 Vibration and noise

  Summary / Citation: The decrees issued by the Cabinet on the proposal of the Minister of Labour and Social Security, after consultation of the Advisory Technical Committee shall determine: the general measures of protection and safety applicable to all establishments and enterprises subject to this Code, particularly with regard to lighting, ventilation or aeration, drinking water, latrines, the evacuation of dust and fumes, precautions against fire, radiation, noise and vibration; (…)
  

  • Loi n° 38/PR/96 du 11 décembre 1996 portant Code du Travail. (Art. 336)

• 9.4.3 Working at height

  No data available.
  

• 9.4.4 Working in confined spaces

  No data available.
  

• 9.4.5 Risks arising from poor maintenance of workplace facilities

  Summary / Citation: In order to protect the lives and health of employees, the employer is obliged to take all appropriate measures which are adapted to the operating conditions of the enterprise.
  It should in particular, develop facilities and adjust the work flow so as to protect employees, as far as possible from work-related accidents and occupational diseases.
  In particular, the premises must be kept clean at all times.
  (...)

  • Loi n° 38/PR/96 du 11 décembre 1996 portant Code du Travail. (Art. 226)

• 9.4.6 Exposure to extreme temperatures

  No data available.
  

• 9.4.7 Fire risks

  Summary / Citation: The decrees issued by the Cabinet on the proposal of the Minister of Labour and Social Security, after consultation of the Advisory Technical Committee shall determine: the general measures of protection and safety applicable to all establishments and enterprises subject to this Code, particularly with regard to lighting, ventilation or aeration, drinking water, latrines, the evacuation of dust and fumes, precautions against fire, radiation, noise and vibration; (…)

  • Loi n° 38/PR/96 du 11 décembre 1996 portant Code du Travail. (Art. 336)

• 9.4.8 Tobacco

  Summary / Citation: Smoking is prohibited in all public places, indoor workplaces and public transport.
  For the purposes of this Law, the following definitions shall apply:
  - Public place: any enclosed public place, whether covered or not, to which the public has free access, either subject to invitation or payment of admission, including government or private offices, factories, closed work sites, garages, cultural establishments, stores, restaurants, bars, hotels, snack bars, inns, cinemas, video clubs, movie clubs, night clubs, casinos, stadiums, cabarets, gaming rooms, penitentiaries, fortune tellers, athletic facilities, medical or scientific research centers, elementary, secondary, technical, professional and higher and scientific educational institutions, health care institutions, hospitals, airports, or any other facility providing accommodation for minors;
  - Interior workplace: Any places used by persons during their work, including hallways, entrances, cafeterias, bathrooms, lounges and other areas commonly used by workers in the course of their employment, even if no work is performed in such areas. In such places there might be closed vehicles used during work, including taxis, ambulances and delivery vehicles.

  • Loi N° 010/PR/2010 Portant Lutte Antitabac (Arts. 2,4)

• 9.4.9 Asbestos

  No data available.
  

• 9.4.10 Risks related to nanotechnology

  No data available.
  

• 9.4.11 Contraction of HIV in the workplace

  Summary / Citation: Employers shall, within the occupational health and safety framework make available to workers, including those living with HIV/AIDS, first aid kits and including supervising their appropriate use.

  • Loi n° 019/PR/2007 du 15 novembre 2007 portant lutte contre le VIH/SIDA/IST et protection des droits des personnes vivant avec le VIH/SIDA. (Art. 33)

9.5 Psychosocial hazards

• 9.5.1 Psychosocial risks

  No data available.
  

• 9.5.2 Occupational violence

  No data available.
  

9.6 Other hazardous substances

9.7 Machineries

• 9.7.1 Risks related to machinery and tools

  Summary / Citation: In order to protect the lives and health of employees, the employer is obliged to take all appropriate measures which are adapted to the operating conditions of the enterprise.
  (…)
  Machines, mechanisms, transmission apparatus, hand and power tools and equipment, must be installed and maintained in the best possible conditions of safety. Motors and moving parts of machinery must be separated by partitions or protective barriers unless they are out of reach of workers.
  (Art. 226)

  The decrees issued by the Cabinet on the proposal of the Minister of Labour and Social Security, after consulting the Advisory Technical Committee shall determine:
  • a) The general measures of protection and safety applicable to all establishments and enterprises subject to this Code, particularly with regard to lighting, ventilation or aeration, drinking water, latrines, the evacuation of dust and fumes, precautions against fire, radiation, noise and vibration;
  • b) As and when to establish specific requirements for certain professions in certain activities, operations or work methods;
  These decrees may restrict, regulate or prohibit the manufacture, sale, importation, and the use of machinery or dangerous substances for workers.
  (Art. 336)

  • Loi n° 38/PR/96 du 11 décembre 1996 portant Code du Travail. (Art. 226 and 336)

• 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: However, Article 336: The decrees issued by the Cabinet on the proposal of the Minister of Labour and Social Security, after consulting the Advisory Technical Committee shall determine:
  • a) The general measures of protection and safety applicable to all establishments and enterprises subject to this Code, particularly with regard to lighting, ventilation or aeration, drinking water, latrines, the evacuation of dust and fumes, precautions against fire, radiation, noise and vibration;
  • b) As and when to establish specific requirements for certain professions in certain activities, operations or work methods;
  • c) The jobs or establishments prohibited to women, apprentices and young employees under eighteen years because of the risks they pose to their health, safety or morals.
  These decrees may restrict, regulate or prohibit the manufacture, sale, importation, and the use of machinery or dangerous substances for workers.
  

  • Loi n° 38/PR/96 du 11 décembre 1996 portant Code du Travail. (Art. 336)

• 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

  Summary / Citation: In order to protect the lives and health of employees, the employer is obliged to take all appropriate measures which are adapted to the operating conditions of the enterprise.
  (…) Machines, mechanisms, transmission apparatus, hand and power tools and equipment, must be installed and maintained in the best possible conditions of safety. Motors and moving parts of machinery must be separated by partitions or protective barriers unless they are out of reach of workers.
  

  • Loi n° 38/PR/96 du 11 décembre 1996 portant Code du Travail. (Art. 226)

  • 9.7.5.1 List of equipment where applicable

    No data available.
    

9.8 Provisions to protect workers in specific condition of vulnerability

• 9.8.1 Protection of pregnancy at work

  Summary / Citation: It is prohibited for any employer to employ a pregnant woman during the four weeks before the expected date of birth, and within six weeks following delivery.

  • Loi n° 38/PR/96 du 11 décembre 1996 portant Code du Travail. (Art. 107)

• 9.8.2 Protection of lactating women at work

  No data available.
  

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

  Summary / Citation: Women's Night work is prohibited in industrial undertakings.
  This prohibition does not apply to:
  - women in managerial functions;
  - women employed in services not involving manual labor,
  - to women working in establishments where employed by members of the same family.
  (Art. 205)

  The Medical Labour Inspector may require the examination of women and children by a licensed physician in order to verify whether their work exceeds their strength. This requirement is to be granted at the request of those concerned.
  A woman or the child cannot remain in a job which exceeds their strength. These employees have the same rights to job reclassification as those provided to victims of an industrial accident or occupational disease under paragraphs 3 and 4 article 123 and by article 156 of this code.
  (Art. 238)
  

  • Loi n° 38/PR/96 du 11 décembre 1996 portant Code du Travail. (Art. 205)

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

  Summary / Citation: Night work of children under the age of 18 is prohibited.
  (Art. 206)

  Apprentices and workers under the age of 18 are entitled to a weekly Sunday rest.
  (Art. 210)

  The Medical Labour Inspector may require the examination of women and children by a licensed physician in order to verify whether their work exceeds their strength. This requirement is to be granted at the request of those concerned.
  A woman or the child cannot remain in a job which exceeds their strength. These employees have the same rights to job reclassification as those provided to victims of an industrial accident or occupational disease under paragraphs 3 and 4 article 123 and by article 156 of this code.
  (Art. 238)
  

  • Loi n° 38/PR/96 du 11 décembre 1996 portant Code du Travail. (Art. 206, 210, 238)

  Related CEACR Comments
  • Minimum Age Convention, 1973 (No. 138) Direct Request 2021
  • Night Work of Young Persons (Industry) Convention, 1919 (No. 6) Direct Request 1995
  • Night Work of Young Persons (Industry) Convention, 1919 (No. 6) Direct Request 1995
  

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

• 10.1.1 Work-related accidents

  Summary / Citation: The health and safety committee must be convened by the employer at least twice a year. Seven days before the annual meeting, the employer must give each committee member the activity report of the current year and an anonymous copy of all declarations of accidents at work and occupational diseases which were addressed to the National Social Security Fund in the past year.
  During the meeting, these statements are discussed in the presence of the company manager or his representative to detect their causes and to consider measures to reduce or eliminate them. The Occupational Health and Safety committee can make specific proposals to which the employer is required to respond.
  

  • Loi n° 38/PR/96 du 11 décembre 1996 portant Code du Travail. (Art. 233)

• 10.1.2 Near miss incidents

  No data available.
  

• 10.1.3 Occupational diseases

  Summary / Citation: The health and safety committee must be convened by the employer at least twice a year. Seven days before the annual meeting, the employer must give each committee member the activity report of the current year and an anonymous copy of all declarations of accidents at work and occupational diseases which were addressed to the National Social Security Fund in the past year.
  During the meeting, these statements are discussed in the presence of the company manager or his representative to detect their causes and to consider measures to reduce or eliminate them. The Occupational Health and Safety committee can make specific proposals to which the employer is required to respond.
  

  • Loi n° 38/PR/96 du 11 décembre 1996 portant Code du Travail. (Art. 233)

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

11.1 Appointment of OSH inspectors

11.2 OSH inspectors’ powers

• 11.2.1 Power to enter workplaces

  Summary / Citation: With the evidence of their duties, labor inspectors have the power to enter freely and without previous notice at any time of the day or night in establishments subject to the control of the inspection. They can also penetrate at day or night in any premises which they may have reasonable doubt to believe to be subject to the control of the inspection. They can freely choose which places to inspect.
  During his/her visits, the inspector must inform the employer of his/her presence or the presence of his/her representative, unless he/she considers that such a notification may be prejudicial to the performance of its control.
  

  • Loi n° 38/PR/96 du 11 décembre 1996 portant Code du Travail. (Art. 479)

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2012
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2020
  

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

  Summary / Citation: In particular, the inspectors have the power to:
  - question, either alone or in the presence of witnesses, the employer or the staff on all matters related to the application of provisions;
  - require them to share all books, registers and documents which shall be kept according to the present Code and texts related to its application;
  - collect and remove samples of materials and substances used or handled in the presence of the employer or his representative and in order to analyse them.

  • Loi n° 38/PR/96 du 11 décembre 1996 portant Code du Travail. (Art. 482)

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2012
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2020
  

• 11.2.3 Power to investigate

  No data available.
  

• 11.2.4 Duty to provide advice on OSH

  Summary / Citation: The labor inspector provides information and advice to employers and workers on all the social provisions applicable in the workplace and on how to ensure compliance with them.
  Labour inspectors can intervene, even in cases not specifically provided for in this Code, to gather the views of employers and workers in order to prevent the occurrence of conflicts or to facilitate settlement.

  • Loi n° 38/PR/96 du 11 décembre 1996 portant Code du Travail. (Art. 476)

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2012
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2020
  

11.3 OSH inspectors’ enforcement powers

• 11.3.1 Power to issue orders or notices

  Summary / Citation: With regard to the implementation of decrees to be issued under article 224, the labour inspector or medical labour inspector should request the management to properly comply with stated requirements before creating a report.
  The notice shall be either placed in writing on the employer's internal register or sent by registered letter with acknowledgment of receipt. It specifies the violations and sets deadlines by which they shall have ceased. Measures shall be taken in four days as from the receipt of the notice.
  However, in cases of emergency the labour inspector or medical labour inspector can create a report without prior notice. In the case of serious and imminent danger, an inspector can order immediately enforceable measures. The employer may appeal against the decision of the inspector or the medical labour inspector before the President of the Court of Labour and Social Security, which must rule within three days of the appeal.
  

  • Loi n° 38/PR/96 du 11 décembre 1996 portant Code du Travail. (Art. 236)

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2012
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2020
  

• 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 2012
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2020
  

• 11.3.4 Power to require the cessation of dangerous work

  Summary / Citation: Occupational Health and Safety standards are defined by decree of the Council of Ministers upon proposal by the Minister of Labour and Social Security, after consulting with the Technical Advisory Committee.
  The decree provides workers, while taking into account local conditions, with health and safety standards in line with those recommended by the International Labour Organization and other internationally recognized technical organizations.
  It clarifies where and under what conditions, the inspector or medical labour inspector must resort to formal proceedings. However, in case of imminent danger to the health and safety of workers, the inspector or the medical labour inspector is to order immediately enforceable measures.
  

  • Loi n° 38/PR/96 du 11 décembre 1996 portant Code du Travail. (Art. 224)

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2012
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2020
  

• 11.3.5 Power to initiate prosecutions

  No data available.
  

• 11.3.6 Power to conduct prosecutions

  No data available.
  

• 11.3.7 Other enforcement powers

  Summary / Citation: When working conditions are not covered by the decree to be issued under Article 224 of the Labour Code are deemed dangerous to the safety or health of workers, the inspector or the Medical Inspector require the employer to remedy them.
  (Art. 225)

  The Medical Labour Inspector may require the examination of women and children by a licensed physician in order to verify whether their work exceeds their strength. This requirement is to be granted at the request of those concerned.
  A woman or the child cannot remain in a job which exceeds their strength. These employees have the same rights to job reclassification as those provided to victims of an industrial accident or occupational disease under paragraphs 3 and 4 article 123 and by article 156 of this code.
  (Art. 238)
  

  • Loi n° 38/PR/96 du 11 décembre 1996 portant Code du Travail. (Art. 225 and 238)

11.4 Application of sanctions by courts

• 11.4.1 Financial penalties for legal persons

  Summary / Citation: Any obstacle to the proper functioning of the health and safety committee is penalised according to article 291: Fine of CFA 147,000 (USD 252.75) to CFA 294,000 (USD 505.51), and in case of recurrence, a fine of CFA 588,000 (USD 1011.02) to CFA 882,000 (USD 1516.71).
  (Art. 292)
  Any obstacles to the application of articles 198, 223, 226, 227, 228, 252, 259, 261, 263, 265, 281, 282 and 286 are punishable with a fine of CFA 14 000 to CFA 73 500 (USD 24.07 to 126.39) and in case of recurrence, a fine of CFA 73,500 to CFA 147,000 (USD 126.39 to 252.7).
  (Art. 288)

  • Loi n° 38/PR/96 du 11 décembre 1996 portant Code du Travail. (Art. 288, 292 and 291)

• 11.4.2 Financial penalties for natural persons

  Summary / Citation: Any obstacle to the proper functioning of the health and safety committee is penalised according to article 291: Fine of CFA 147,000 (USD 252.75) to CFA 294,000 (USD 505.51), and in case of recurrence, a fine of CFA 588,000 (USD 1011.02) to CFA 882,000 (USD 1516.71).
  (Art. 292)
  Any obstacles to the application of articles 198, 223, 226, 227, 228, 252, 259, 261, 263, 265, 281, 282 and 286 are punishable with a fine of CFA 14 000 to CFA 73 500 (USD 24.07 to 126.39) and in case of recurrence, a fine of CFA 73,500 to CFA 147,000 (USD 126.39 to 252.7).
  (Art. 288)

  • Loi n° 38/PR/96 du 11 décembre 1996 portant Code du Travail. (Art. 288, 292 and 291)

• 11.4.3 Non-financial sanctions

  No data available.
  

• 11.4.4 Criminal liability

  Summary / Citation: Any obstacle to the proper functioning of the health and safety committee is penalised according to article 291 with a fine and 1 to 10 days of imprisonment.

  • Loi n° 38/PR/96 du 11 décembre 1996 portant Code du Travail. (Art.292 and 291)

• 11.4.5 Terms of imprisonment for natural persons

  Summary / Citation: Any obstacle to the proper functioning of the health and safety committee is penalised according to article 291 with a fine and 1 to 10 days of imprisonment.

  • Loi n° 38/PR/96 du 11 décembre 1996 portant Code du Travail. (Art.292 and 291)