The Control of Conformity to Rules On Health and Safety at Work in Cameroon: A Legal Appraisal

Authors

  • Katu Musa Hazcel
  • Fonyoh Richard Nembu

Keywords:

Controls, Conformity, Health and Safety, Worker, Employer

Abstract

This piece analyse 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 develop by the legislator and are to be implemented by the employer. However, to ensure that the employer stricto sensu implement the rules, the legislator provides for controls by internal and external organs in labour 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, labour 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

Stephen T. & Astra E., (2012), Employment Law, 3 rd edn, Oxford, Oxford University Press, p. 162

This contract can either be verbal or written or in any other form authorized by the law.

Section 23 (2) of the Cameroonian Labour Code.

Tchokomakoua V. & Kenfack P.E. (2000), Droit du Travail Camerounaise, Yaoundé, PUA, p.170.

Ibid.

Kelese Nshom G. (2015), Labour Law, General Principles and Practical Exercises, SLOPP, Bafoussam-

Cameroon, p.62.

Ibid.

Section 29 (1) of the labour code.

Ibid, Section 40 (6) (b).

Mbendang Ebongue J. (1997), The Cameroon Labour code of 14 August 1992: A critical Analysis; Friedrich

Ebert Stftung, P.141.

Arrêté n o 39/MTPS of 26 November 1984, on the general modalities of hygiene and safety at work.

The Order n o 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.

Article 1 (1) of Arrêté of 26 November 1984 fixing the general measures of hygiene and safety at work.

Ibid, articles 15 and 27.

Mbendang Ebongue J. (1997), Op. Cit, p.170.

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 has to 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 means give the document a bilateral nature.

The employer is also obliged to submit it to the labour 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

(3) of the Cameroon labour code for endorsement.

According to section 29 (1) of the Cameroonian labour code.

Mbendang Ebongue J. (1997), Op. Cit, p.12.

Pougue, P. G., et Tchokomakoua, op cit, p.15.

Ibid.

Rantanen, J.; hLehtinen, S.; Iavicoli, S., (2013), “Occupational health services in selected International

Commission on Occupational Health (ICOH) member countries”, Scand. J. Work. Environ. Health, Vol.39, pp.

–216.

World Health Organization (WHO). Good Practice in Occupational Health Services: A Contribution to

Workplace Health; WHO Regional Office for Europe: Copenhagen, Denmark, 2002.

Convention No. 161, in Occupational Health Services (OHS) Convention

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 organisations 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.

Rantanen, J.; & Fedotov, I. A., (2011), Standards, Principles and Approaches in Occupational Health Services.

In Encyclopedia of Occupational Health and Safety; International Labour Organization: Geneva, Switzerland.

Section 98 of the labour code.

Section 98 (2) of the labour code.

Fedotov, I.A., (2005), “Occupational health services as a key element of national occupational safety and health

systems”, Scand. J. Work Environ. Health, Vol. 1, pp. 16–18.

Coppée, G.H. (2011), Ethical Issues, In Encyclopaedia of Occupational Health and Safety; International Labour

Organization: Geneva, Switzerland.

Section 100 of the labour code. See also article 11 of the arrêté n o 39/MTPS/IMS of 26 November 1984, fixing

the general measures of hygiene and safety at work.

Article 11 and 13 of the arrêté of 1984.

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.

Section 95 of the labour code.

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 Labour Code is Order n o

/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.

It is of interest to note that under the 1992 Labour 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 n o 039/MTPS/IMS of

November 1984, fixing the general measure of hygiene and safety at work place; 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.

Article 8 (1) of the arête of 1984.

Ibid, article 8 (2).

Ibid, article 8 (3).

Ibid, article 8 (4) of the arête n 0 039 of 26 November 1984, fixing the general modalities of hygiene and safety at

work.

Ibid, article 9 (a) to (e) of the arrêté.

Ibid, article 10 of the arrêté.

Article 2 (1) of the arrêté op.cit., p. 105.

Ibid, article 2 (2).

Rantanen, J.; Fedotov, I.A., (2011), Standards, Principles and Approaches in Occupational Health Services. In

Encyclopaedia of Occupational Health and Safety; International Labour Organization: Geneva, Switzerland.

This was highlighted during a Webinar organized by the Ministry of Labour and Social Security held in April

, 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”

Anazetpouo, Z., (2010) Le Système Camerounais des Relations Professionnelles, Yaoundé, Presses

Universitaires d’Afrique, p.316.

Section 105 (1) Labour Code.

Ibid, 105 (3) of the labour code.

Ibid, section 107 (1) of the labour code.

International labour office-Geneva (2007) ‘ABC of female worker’s right & gender equality’ p.50.

Ibid, article 130 (2).

Ibid, annex 1.

Ibid, article 130 (5).

Section 96 of the labour code.

Section 29 (3) of the labour code.

Yanou M.A. (2009), Labour law Principles and Practices in Cameroon; Buea, REDEF, p.32.

Suit n o HCF/20/98-99 unreported.

Suit n o HCF/20/98-99 unreported.

Fomben Thomas T. v. Société Nationale Des Eaux Du Cameroun (SNEC) HCF/L.49/99-2000).

See (19)37 A//E-R.628.

Anazetpouo, Z., op. cit., p.324.

Section 121 of the labour Code.

Section 120(2) of the Labour Code.

Angu Alieh R., (2014), “The Performance of Contracts of Employment under the Cameroonian Labour Code

and Common Law: A Comparative Study”, Master’s Thesis, University of Dschang, pp. 80-81.

Anazetpouo, Z., op. cit.

Section 117 (1) of the labour code.

Ibid, section 118 (1).

Ibid, section 118 (2).

Ibid, section 9.

Ibid, section 25 (5).

Ibid, section 27 (2).

Ibid, section 28 (8).

Ibid, section 29 (4) of labour code.

Ibid, section 62 (1) of labour code.

Ibid, section 82 (4) of the labour code.

Decree of 28 January 1954, J.O, 1954, P, 646.

Anazetpouo, Z., op. cit.

Section 122 of the Labour Code.

Ibid.

Section 128 of the labour code.

See section 95 (1) of the labour code.

Order n o 039/MTPS/IMI of 26 November 1984, on the general modalities of hygiene and safety at the work.

Mbendang Ebongue J. (1997), The Cameroon Labour Code of 14 August 1992: A critical Analysis; Friedrich

Ebert Stftung, p. 141.

Ibid. P. 141.

Tchokomakoua V. & Kenfack P.E. op. cit. p. 159.

Ibid, p. 159.

Published

2024-11-26

How to Cite

Musa Hazcel, K. ., & Richard Nembu, F. . (2024). The Control of Conformity to Rules On Health and Safety at Work in Cameroon: A Legal Appraisal. Journal of Constitutional Law and Jurisprudence, 8(1), 6–18. Retrieved from https://lawjournals.celnet.in/index.php/Jolj/article/view/1663