Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Occupational Safety and Health Convention, 1981 (No. 155) - Lesotho (Ratification: 2001)

Other comments on C155

Observation

Direct Request

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Article 9(2) of the Convention. Adequate penalties. The Committee notes the Government’s reference, in reply to its previous request, to section 293 of the Labour Code, which provides that any person convicted of an offence under the Labour Code for which no specific penalty has been provided shall be liable to a fine of 600 Lesotho Loti or to imprisonment for three months, or both. The Government indicates that employers who breach OSH provisions may be sentenced by the court to such a penalty, and it refers to two cases where employers were subject to a fine for contravening section 93 of the Labour Code (concerning the duties of employers relating to OSH). The Committee requests the Government to continue providing information on the application of penalties for violations relating to OSH, including information on the number and nature of the penalties imposed, as well as the violations to which they relate.

Article 11(d). Inquiries. The Committee notes the Government’s reference, in reply to its previous request, to section 101(2) of the Labour Code, which provides that the Labour Commissioner may, by notice in the Gazette, specify an occurrence to be a dangerous occurrence. Recalling that Article 11(d) requires the holding of inquiries where cases of occupational accidents and occupational diseases appear to reflect situations which are serious, the Committee requests the Government to provide information on whether occurrences designated by the Labour Commissioner as dangerous occurrences are subject to an inquiry.

Article 14. Promotion of occupational safety and health in education. Noting the Government’s indication that there are no specific legislative provisions regarding the promotion of OSH at all levels of education, the Committee requests the Government to provide information on the measures taken in practice to include OSH issues at all levels of education and training.