Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the information contained in the Government’s first report.

2. Articles 1 and 2 of the Convention. Scope of application. The Committee notes that section 92 of the Labour Code Order, 1992, provides that the occupational safety and health regulations (Part VII of the Order) is not applicable to mining activities that are covered by the Mine Safety Act, 1981. It also notes that under section 2(1) of the Labour Code Order it is only applicable to employment in the private sector. In this respect, it refers the Government to Articles 1, paragraph 1, and 3 of the Convention, which provide that the Convention covers all branches in which workers are employed, including the public service. The Committee requests the Government to provide information with its next report on the reasons for not including the public sector, whether consultations were held with representative organizations of employers and workers on this issue and on measures taken or envisaged to ensure adequate protection for workers in the public sector, in accordance with the Convention.

3. Articles 4, 5 and 7. National policy. The Committee notes that the National Advisory Council for Occupational Safety and Health (NACOSH), established under section 46 of the Labour Code Order, is the statutory tripartite body with the task of formulating, implementing and periodically reviewing the national policy. It notes with interest the Government’s statement that while it has not yet adopted any written national policy NACOSH has recently adopted, in consultation with employers’ and workers’ organizations, a recommendation to formulate a coherent national policy based on Conventions Nos. 155 and 167. The Committee hopes that the Government will soon be able to supply a copy of the national occupational safety and health policy giving effect to the Convention, taking into account the main spheres enumerated in Article 5. It also asks the Government to provide information with respect to the revision at appropriate intervals of the national policy, in accordance with Article 7.

4. Article 8. National legislation. The Committee notes the Government’s statement that while current national legislation does not ensure the full application of the Convention at present, the legal framework is being revised. The Committee welcomes this and hopes that the new legislation will ensure application of all aspects of the Convention, including in particular the provisions that it is ensured that workers have the right to leave their workplace or a danger zone when they have reasonable justification to believe presents an imminent and serious danger to her/his life without any undue consequences in accordance with Article 13, that employers cannot require workers to return to a work situation where there is continuing imminent and serious danger to life and health (Article 19, paragraph (f)) and that inquiries are held where cases of occupational accidents, diseases or any other injuries to health reflecting situations that are serious (Article 11, paragraph (d)). The Committee also hopes that it will be ensured that occupational safety and health issues are included at all levels of education and training (Article 14) and that employers carrying out work in the same workplace have a legal obligation to cooperate in order to apply the requirements of the Convention (Article 17). The Committee further hopes that arrangements will be made in the undertakings ensuring that workers are given adequate information by the employer (Article 19, paragraph (c)) and that workers or their representatives are able to inquire and are consulted by the employer on all aspects of OSH (Article 19, paragraph (e)). It requests the Government to provide information with its next report on the measures taken or envisaged to amend the existing legislation and to provide copies of proposed and/or enacted laws.

5. Article 9 and Part V of the report form. Labour inspection. The Committee notes the Government’s statement that enforcement of OSH laws and regulations is ensured by specialized occupational safety and health inspectors. It also notes that labour inspectors provide guidance to employers and workers, in accordance with Article 10. The Committee asks the Government to provide detailed information with its next report on activities carried out by the labour inspection to ensure the application of occupational safety and health and the working environment, including extracts from inspection reports, the number of workers covered by the legislation and the number and nature of contraventions reported. In this respect, the Committee notes that statistical information on occupational accidents, diseases and other injuries to health is published in the annual report of the Directorate of Occupational Safety and Health and asks the Government to provide a copy with its next report of the latest annual report.