The Control of Conformity to Rules on Health andSafety at Work in Cameroon: A Legal Appraisal
Keywords:
Controls, Conformity, Health and Safety, Worker, EmployerAbstract
This piece analyzes the mechanisms put in place to ensure conformity to rules aimed at safeguarding
the health and safety of workers at work. It establishes that the rules are developed by the legislator
and are to be implemented by the employer. However, to ensure that the employer stricto sensu
implements the rules, the legislator provides for controls by internal and external organs in labor
relations. The purpose of the control is to verify if the employer is acting in conformity to the rules as
stated, failure of which attracts sanctions. Generally, the employer has the obligation to ensure the
proper organization of work, ensure health and safety of workers at work, and provide work to
employees within acceptable standard. The worker on his part has the obligation to ensure his own
health and safety at work by conforming to rules of technical organization of work and complying
with hygiene and safety prescription of the enterprise. This is supplemented by controls which can be
internal or external. External control of conformity is carried out by professional institutions and
administrative organs while internal control of conformity involves control exercise by hygiene and
safety committee and exercise by medical and health service of the enterprise. In this light, labor, and
social security regulations should be made more effective through proper implementation so that it
can continue to benefit all workers who need protection.
References
1. Stephen T, Astra E. Employment Law. 3rdedn, Oxford, Oxford University Press; 2012. p. 162.
2. This contract can either be verbal or written or in any other form authorized by the law.
3. Section 23 (2) of the Cameroonian Labor Code.
4. Tchokomakoua V, Kenfack P.E. Droit du Travail Camerounaise. Yaoundé : PUA; 2000. p. 170.
5. Ibid.
6. Kelese Nshom G. Labour law, general principles and practical exercises. SLOPP: Bafoussam-Cameroon; 2015. p. 62.
7. Ibid.
8. Section 29 (1) of the Labour Code.
9. Ibid, Section 40 (6) (b).
10. Mbendang Ebongue J. The Cameroon Labor Code of 14 August 1992: A critical analysis. Friedrich Ebert Stftung; 1997. p. 141.
11. Arrêté no 39/MTPS of 26 November 1984, on the general modalities of hygiene and safety at work.
12. The Order no 039/MTPS/IMI of 26 November 1984, on the general modalities of hygiene and safety at the work place was enacted pursuant to section 95 (2) of the Labour Code which occupational health and safety conditions to be determined by orders of the Minister in charge of labour issued after consultation with the National occupational health and safety commission.
13. Article 1 (1) of Arrêté of 26 November 1984 fixing the general measures of hygiene and safety at work.
14. Ibid., articles 15 and 27.
15. Mbendang Ebongue J. Op. Cit., 1997. p. 170.
16. These rules and regulations are unanimously drawn up by the employer. Despite the unilateral powers of the employer to draw up the internal regulations, there are certain obligations which he must fulfill once the rules have been made. Prior to the enforcement of these rules, the company head is supposed to communicate them to the staff representatives (if any) for their opinion. This does not mean giving the document a bilateral nature. The employer is also obliged to submit it to the labor Inspector of the jurisdiction who may order the deletion of or amendment to any provisions which may be repugnant to the laws and regulations and punished by section 29 (3) of the Cameroon Labor Code for endorsement.
17. According to section 29 (1) of the Cameroonian Labour Code.
18. Mbendang Ebongue J. Op. Cit., 1997. p. 12.
19. Pougue PG, et Tchokomakoua, op cit., p. 15.
20. Ibid.
21. Rantanen J, hLehtinen S, Iavicoli S. Occupational health services in selected International Commission on Occupational Health (ICOH) member countries. Scand J Work Environ Health. 2013;39:212–216.
22. World Health Organization (WHO). Good practice in occupational health services: A contribution to workplace health. Copenhagen: WHO Regional Office for Europe; 2002.
23. Convention No. 161, in Occupational Health Services (OHS) Convention.
24. From the definition, it is evident that the focus of Occupational Health Service systems is, therefore, on three different objectives: (i) the maintenance and promotion of workers’ health and work capacity; (ii) the improvement of the working environment and work to become conducive to safety and health; (iii) development of work organizations and working cultures in a direction which supports health and safety at work and, in doing so, also promotes a positive social climate and smooth operation, and may enhance the productivity of the enterprises. Convention No. 161.
25. Rantanen J, Fedotov IA. Standards, principles and approaches in occupational health services. In: Encyclopedia of Occupational Health and Safety. Geneva: International Labor Organization; 2011.
26. Section 98 of the Labor Code.
27. Section 98 (2) of the Labor Code.
28. Fedotov IA. Occupational health services as a key element of national occupational safety and health systems. Scand J Work Environ Health. 2005;1:16–18.
29. Coppée GH. Ethical issues. In: Encyclopaedia of Occupational Health and Safety. Geneva: International Labor Organization; 2011.
30. Section 100 of the Labor Code. See also article 11 of the arrêté no 39/MTPS/IMS of 26 November 1984, fixing the general measures of hygiene and safety at work.
31. Article 11 and 13 of the arrêté of 1984.
32. The Seoul Declaration on Safety and Health at Work was adopted in June 2008 on the occasion of the XVIII World Congress on Safety and Health at Work. This Declaration recognizes for the first time that safety and health at work is a fundamental human right.
33. Section 95 of the Labor Code.
34. See Order No 039/MTPS/IMI of November 1984, laying down the general modalities of Hygiene and safety at the workplace. In Cameroon, the main OSH regulation besides Title VI of the Labor Code is Order no 039/MTPS/IMS of 26 November 1984, fixing the general measure of hygiene and safety at work place; contains provision dealing with the regulations of the respective obligations of employers and workers, the composition of the hygiene and safety committees, the setting of general conditions of hygiene relating to, among other things, construction, ventilation, temperature and lighting, the determination of safety measures and transportation, the definition of hazardous substances and rules of prevention and firefighting, the establishment of the means of control and sanctions.
35. It is of interest to note that under the 1992 Labor Code of Cameroon, decisions and decrees are taken concerning health and safety at work, such as decree No. 93/210 / PM of 3 March 1993 establishing the organization and functioning of the National Commission for Occupational Health and Safety; Law No. 77-11 of 13 July 1977 on the reparation and prevention of occupational accidents and occupational diseases; Order of October 15, 1979 on the organization and operation of occupational medical services; Decree n° 79–96 of March 21, 1979 fixing the procedures for the exercise 26 of occupational medicine. Order no 039/MTPS/IMS of 26 November 1984, fixing the general measure of hygiene and safety at workplace, etc. The Directorate of Health and Safety at Work and the National Commission on Industrial Health and Safety are the competent authorities in the field of occupational safety and health. The employer is directly responsible for the implementation of all prevention, health and safety measures to ensure the protection of his workers’ health. The Order No. 39/MTPS/IMT of November 1984 establishes the general basic rules on OSH in view of protecting the workers' health as efficiently as possible.
36. Article 8 (1) of the arête of 1984.
37. Ibid., article 8 (2).
38. Ibid., article 8 (3).
39. Ibid., article 8 (4) of the arête n0 039 of 26 November 1984, fixing the general modalities of hygiene and safety at work.
40. Ibid., article 9 (a) to (e) of the arrêté.
41. Ibid., article 10 of the arrêté.
42. Article 2 (1) of the arrêté op.cit., p. 105.
43. Ibid., article 2 (2).
44. Rantanen J, Fedotov IA. Standards, Principles and Approaches in Occupational Health Services. In: Encyclopaedia of Occupational Health and Safety. Geneva: International Labour Organization; 2011.
45. This was highlighted during a Webinar organized by the Ministry of Labour and Social Security held on April 27, 2021 on the theme “The World of Work and the Covid-19 Pandemic: Securing Worker’s Health, a Great challenge in the preservation of achievements within Companies.”
46. Anazetpouo Z. Le Système Camerounais des Relations Professionnelles. Yaoundé: Presses Universitaires d’Afrique; 2010. p. 316.
47. Section 105 (1) Labor Code.
48. Ibid., 105 (3) of the Labor Code.
49. Ibid., section 107 (1) of the Labor Code.
50. International labor office-Geneva. ABC of female worker’s right & gender equality; 2007. p. 50.
51. Ibid., article 130 (2).
52. Ibid., annex 1.
53. Ibid., article 130 (5).
54. Section 96 of the Labor Code.
55. Section 29 (3) of the Labor Code.
56. Yanou MA. Labour law Principles and Practices in Cameroon; Buea, REDEF. 2009. p. 32.
57. Suit no HCF/20/98-99 unreported.
58. Suit no HCF/20/98-99 unreported.
59. Fomben Thomas T. v. Société Nationale Des Eaux Du Cameroun (SNEC) HCF/L.49/99-2000).
60. See (19)37 A//E-R.628.
61. Anazetpouo, Z., op. cit., p. 324.
62. Section 121 of the Labor Code.
63. Section 120(2) of the Labor Code.
64. Angu Alieh R. The performance of contracts of employment under the Cameroonian Labor Code and Common Law: A Comparative Study. Master’s Thesis, University of Dschang; 2014. pp. 80–81.
65. Anazetpouo, Z., op. cit.
66. Section 117 (1) of the Labor Code.
67. Ibid., section 118 (1).
68. Ibid., section 118 (2).
69. Ibid., section 9.
70. Ibid., section 25 (5).
71. Ibid., section 27 (2).
72. Ibid., section 28 (8).
73. Ibid., section 29 (4) of Labor Code.
74. Ibid., section 62 (1) of Labor Code.
75. Ibid., section 82 (4) of the Labor Code.
76. Decree of 28 January 1954, J.O., 1954, p. 646.
77. Anazetpouo, Z., op. cit.
78. Section 122 of the Labor Code.
79. Ibid.
80. Section 128 of the Labor Code.
81. See section 95 (1) of the Labor Code.
82. Order no 039/MTPS/IMI of 26 November 1984, on the general modalities of hygiene and safety at work.
83. Ebongue JM. The Cameroon Labor Code of 14 August 1992: A critical Analysis. Friedrich Ebert Stftung; 1997. p. 141.
84. Ibid., p. 141.
85. Tchokomakoua V, Kenfack PE. op. cit., p. 159.
86. Ibid., p. 159.
