Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Articles 1 and 2 of the Convention. Scope of application. Article 3. Definitions. The Committee notes the information provided that the occupational safety and health provisions in Cap. 27 Division “D” of the Labour Code only applies to the private sector and that certain public employees including the police and the armed forces are governed by the special legislation including the Police Act and Regulations, the Civil Service Act and Regulations and the Defence Force Acts, respectively. The Committee notes however that the referenced legislation does not contain any provisions on occupational safety and health (OSH) giving effect to these Articles of the Convention. The Committee requests the Government to clarify measures taken to give effect to the Convention as regards public employees. It also requests the Government to provide information on definitions used for the purpose of the Convention in accordance with Article 3.

Articles 4, 5, 7, 11, paragraphs (a), (b), (e) and (f), and Article 15. Formulating and implementing a national policy on OSH. The Committee notes the information that the Government has not yet taken any measures to formulate, implement and review a coherent national policy on OSH in accordance, inter alia, with Article 4 and related provisions of the Convention. The Committee requests the Government to provide information on measures taken or envisaged to formulate, implement and periodically review a coherent national policy on OSH and the working environment in consultation with the most representative workers’ and employers’ organizations, in the main fields of action prescribed in Article 5 and to ensure the progressive development of the functions referred to in paragraphs (a), (b), (e) and (f) of Article 11 and the institutional arrangement referred to in Article 15.

Article 10. Measures taken to provide guidance to employers and workers. The Committee notes that the Government refers to sections D9 and 14 of the Labour Code concerning employers’ and workers’ obligations at a workplace. The Committee notes that these provisions do not provide for measures to be taken to provide guidance to employers and workers so as to help them to comply with legal obligations. The Committee requests the Government to indicate the effect given, in law and in practice, to Article 10 concerning guidance and advice to employers and workers to help them comply with relevant legal obligations concerning OSH.

Article 12. Measures required to ensure that the obligations of those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use, are carried out in the specified manner. The Committee notes that although the Government refers to the Labour Code in this respect, the referenced legislation is silent as regards the issues referred in this Article. The Committee requests the Government to provide information on the measures taken to ensure that full effect, in law and in practice, is given to this Article of the Convention.

Articles 13 and 19(f). Right to removal. The Committee notes that the referenced legislation is silent on the issues regulated in these Articles. The Committee requests the Government to indicate how effect is given to the requirements which ensure protection against undue consequences of workers who have removed themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health and ensuring that such workers are not required to return to such work situations while the imminent and serious danger is continuing.

Article 14. Measures to promote the inclusion of questions of OSH and the working environment at all levels of education and training. The Committee notes the information that the Labour Department had recently organized a workshop with the aid of the office of the Organization of American States for all labour inspectors and all the key stakeholders in OSH. It also notes that the Labour Department is in the process of planning activities to sensitize the public on the importance of OSH. The Committee requests the Government to provide information on measures taken to promote questions of OSH and the working environment at all levels of education and training, including higher technical, medical and professional education.

Article 16. Action at the level of the undertaking. The Committee notes that sections D13(1)(1)(g) and D13(1)(h) of the Labour Code prescribe controlling measures to be taken by employers in respect of work being carried out with white phosphorous and benzene. The Committee requests the Government to provide information on employers’ obligations to take measures ensuring that other chemicals as well as physical and biological substances or agents under their control are without risk to health when appropriate measures are taken.

Article 17. Collaboration in complying with the requirements of this Convention when two or more enterprises engage in activities simultaneously at one workplace. The Committee notes the information that there are no provisions giving effect to this Article of the Convention. The Committee requests the Government to provide further information on measures taken, in law and in practice, to ensure collaboration in applying the requirements of this Convention whenever two or more undertakings engage in activities simultaneously at one workplace.

Article 19, paragraphs (a) to (e). Arrangements made at the level of the undertaking ensuring suitable conditions for all aspects of cooperation between employers, workers, their representatives, consultations with them and their training. The Committee notes that the Labour Code is silent as regards the issues regulated in this Article of the Convention. The Committee requests the Government to indicate the measures taken, in law and in practice, to give effect to these provisions of the Convention.

Article 20. Cooperation between management and workers and their representatives within the undertaking. The Committee notes the Government’s statement that the Labour Code sets the standard that both employers and employees must follow but that it is silent as regards the issue regulated in this Article. The Committee requests the Government to provide further information on measures taken in law and in practice to give effect to this Article of the Convention.

Part V of the report form. Application in practice. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in the country and attach extracts from inspection reports and, where such exists, information on the number of workers covered by the legislation, the number and nature of the contraventions reported, the number, nature and cause of the accidents reported etc.