Solicitud directa (CEACR) - Adopción: 2018, Publicación: 108ª reunión CIT (2019)

Convenio sobre seguridad y salud de los trabajadores, 1981 (núm. 155) - Granada (Ratificación : 2012)

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The Committee notes the Government’s first report.

Legislation. Occupational Safety and Health Bill. The Committee takes note of the 2015 draft Occupational Safety and Health Bill and the technical assistance provided by the ILO in 2016 in the form of technical comments on the Bill. The Government indicates in its report that all social partners were involved in extensive consultations on the Bill. The Committee welcomes the fact that the Occupational Safety and Health Bill would give effect to a number of provisions of the Convention that are not fully covered by existing legislation, namely: Article 1 (section 4 of the Bill – to ensure the application of the Convention to all branches of economic activity); Article 5(c) on training and qualifications (sections 44(1), 53(3)(e), 55(1)(l), 55(4), 68(3) and 72 of the Bill); Article 5(d) on communication and cooperation at the relevant levels (sections 11, 75 and 76 of the Bill); Article 6 on the indication of Occupational Safety and Health (OSH) functions and responsibilities of public authorities, employers, workers and others (sections 6, 7, 9(1), 11, 53–55, 57–59 and 61 of the Bill); Article 10 on providing guidance to employers and workers so as to help them comply with legal obligations (section 7 of the Bill); Article 11(a) on the progressive determination of conditions governing the design, construction and layout of undertakings and safety of technical equipment (sections 13(2), 17–19, 28, 44–52, 58(1)(a), 58(3)(a) and 59 of the Bill); Article 11(b) on the progressive determination of the work processes and of substances and agents to be prohibited, limited or made subject to authorization (section 66 of the Bill); Article 11(f) on the progressive introduction or extension of systems to examine chemical, physical and biological agents (sections 66 and 70 of the Bill); Article 12(a) on certain duties of those who design, manufacture, import, provide or transfer machinery, equipment or substances (sections 45–52 and 61 of the Bill); Article 16 on the duties of employers (sections 20, 21, 53 and 54(1)(h), (i), (j) and (n) of the Bill); Articles 19(b) and 20 on arrangements at the level of the undertaking regarding cooperation between workers and their representatives and the employer (sections 54(1)(f), (g) and (t), 75 and 76 of the Bill); Article 19(c) on adequate information for workers’ representatives (sections 54(1)(t), (u) and (v), 75(13)(d) and 76(12)(d) of the Bill); Article 19(d) on adequate training for workers and their representatives (sections 44(1), 53(3)(e), 55(1)(l), 55(4), 68(3) and 72 of the Bill); and Article 19(f) on reporting by workers (sections 57(1)(c) and (d) and 63(6) of the Bill). The Committee requests that the Government take into account its comments below concerning Articles 4, 5(b) and (e), 7–9, 11(c)–(e), 12(b) and (c), 13–15, 17, 19(e) and 21 of the Convention in its ongoing revision of the Occupational Safety and Health Bill, and to take measures to ensure the finalization and adoption of the Bill in the near future. It further requests the Government to provide a copy of the Act once it has been adopted.

Articles 4, 7 and 8 of the Convention. National OSH policy and review of the national OSH situation. The Committee notes the Government’s indication in its report that it is seeking to develop a national OSH policy through new OSH legislation and it notes in this respect the Occupational Safety and Health Bill developed in 2015. Section 11 of the Bill provides that the Labour Advisory Board shall advise the Minister on all matters relating to OSH, including the review of the operation of the Act, and any proposed changes to legislation governing OSH. The Committee requests the Government to continue to provide information with respect to the development of the national OSH policy, including the measures taken to adopt the Occupational Safety and Health Bill. It further requests the Government to provide information on the manner in which it ensures that the national situation concerning OSH is reviewed at appropriate intervals, including information on any discussions regarding OSH held at the Labour Advisory Board, and the scope and frequency of such discussions.

Article 5(b). Relationships between the material elements of work and the persons who carry out or supervise the work. The Committee notes the Government’s indication that it would take into consideration the spheres of action enumerated in Article 5 in the formulation of its national OSH policy. It further notes that sections 21(2) and 22(3) of the Occupational Safety and Health Bill would cover this sphere of action in part, in so far as it takes into account the relationship between ergonomic requirements and personal protective equipment and clothing. The Committee requests the Government to provide further information on the measures taken to ensure that the national OSH policy covers this sphere of action, in particular with regard to the adaptation of machinery, equipment, working time and organization of work and work processes to the physical and mental capacities of the workers.

Article 5(e). The protection of workers from disciplinary measures. The Committee notes that section 65 of the Occupational Safety and Health Bill would protect employees from disciplinary measures in circumstances where the employee has: acted in compliance with the Act, the regulations giving effect to the provisions of the Act, or any order made thereunder; sought the enforcement of the Act or the regulations; observed procedures established by the employer; or given evidence in a proceeding in respect of the enforcement of the Act, the regulations, or in an inquest under any Act. The Committee observes that section 65 does not, however, cover workers’ representatives. The Committee requests the Government to take measures to ensure that workers’ representatives are protected from disciplinary measures as a result of actions properly taken by them in conformity with the national OSH policy, in conformity with Article 5(e) of the Convention.

Article 9(1). Enforcement of laws and regulations concerning OSH through an adequate and appropriate system of inspection. Considering that Granada has ratified the Labour Inspection Convention, 1947 (No. 81), the Committee refers, as regards Article 9(1) of Convention No. 155, to the detailed comments that it adopted in 2016 on the application of Convention No. 81, particularly as regards Articles 3(1)(a) and (b), and 5(a) (preventive and enforcement action by labour officers in the field of occupational safety and health, including in cooperation with other entities), Article 7(3) (training of labour inspectors), Article 14 (notification of industrial accidents in cases of occupational disease), and Articles 20 and 21 (establishment, publication and communication to the ILO of annual inspection reports).

Article 9(2). Adequate penalties for violations. The Committee notes that, under section 93 of the Occupational Safety and Health Bill, an individual who commits an offence under the Act would be liable on summary conviction to: a monetary fine; imprisonment for a term not exceeding twelve months; or both. The Committee requests the Government to continue to provide information on the manner in which it ensures that the penalties established for violations of laws and regulations are adequate, including the information on the determination of penalties established in the Occupational Safety and Health Bill.

Article 11(c). Procedures for the notification of occupational accidents and diseases and production of annual statistics. The Committee notes that sections 79–82 of the Occupational Safety and Health Bill provide for the establishment of procedures for the notification of occupational accidents and diseases by employers. However, it notes an absence of information on measures taken to ensure the production of annual statistics on occupational accidents and diseases. The Committee requests the Government to provide further information on measures taken or envisaged to ensure the production of annual statistics on occupational accidents and diseases.

Article 11(d). Holding of inquiries. The Committee notes that section 75(25) of the Occupational Safety and Health Bill provides that employee members of a joint safety and health committee shall investigate cases where an employee is killed or critically injured at a workplace. However, procedures for the holding of inquests by a coroner in the case of death by accident or occupational disease, as well as the Minister’s power to direct formal investigations into accidents and cases of occupational diseases, have only been included in an alternative Part of the Bill that has not yet been integrated into the draft. The Committee requests the Government to take the necessary measures to give full effect to Article 11(d) of the Convention by providing for the holding of inquiries, including by incorporating provisions in this regard into the Occupational Safety and Health Bill.

Article 11(e). Publication of information on the implementation of the national policy. The Committee requests the Government to provide information on the manner in which it ensures the annual publication of information on the measures taken in pursuance of the national OSH policy.

Article 12(b) and (c). Obligations of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. Information on the correct installation and/or use of machinery, equipment and substances. Information on hazards related to machinery, equipment and substances and instructions on how known hazards are to be avoided. Studies and research. The Committee notes that section 71(1) of the Occupational Safety and Health Bill requires that those who distribute or supply, directly or indirectly, or manufacture, produce or design an article for use in a workplace that causes, emits or produces a hazardous physical agent when the article is in use or operation ensure that such information as may be prescribed is readily available concerning the hazardous physical agent and the proper use or operation of the article. The Committee also notes the provisions of the Bill requiring that safe working loads be conspicuously or plainly marked on cranes, other lifting machines, vehicle lifts, and hoists and lifts (sections 48(3), 49(3), 50(7) and 50(8)(c) of the Bill). The Committee requests the Government to take measures to ensure that those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use make available information concerning the correct installation and use of all types of machinery and equipment, and to provide further information on the manner in which it ensures that those persons keep abreast of the necessary scientific and technical knowledge.

Article 13. Protection of workers from undue consequences. The Committee notes that section 63(1) of the Occupational Safety and Health Bill provides that employees may refuse to work where they have reasonable justification to believe that any equipment, machine, device or article used or operated or to be used or operated, or the physical condition of the workplace presents an imminent and serious danger to the life, safety or health of the employee or another employee; or violates the provisions of the Act or regulations. The Committee observes that sections 63(2) and (3) of the Bill, however, provide for the exclusion of wide categories of workers from the right to refuse to work in section 63(1), including all persons employed in the operation of a hospital, sanatorium, nursing home, home for the aged, psychiatric institution, mental health institution or rehabilitation facility, and persons employed in a laundry, food service, power plant or technical service or facility used in conjunction to such institutions, facilities, or services. The Committee requests the Government to take the necessary measures to ensure that all workers that have removed themselves from a work situation where the worker has reasonable justification to believe presents an imminent and serious danger to their life or health shall be protected from undue consequences in accordance with national conditions and practice.

Article 14. Inclusion of OSH and the working environment at all levels of education and training. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that OSH is included at all levels of education and training, including higher technical, medical and professional education.

Article 15. Necessary coordination between various authorities and bodies. The Committee requests the Government to provide information on the arrangements taken or envisaged to ensure the necessary coordination between the various authorities and bodies called upon to give effect to the provisions of the Convention. It also requests the Government to provide information on the consultations and their outcomes, regarding those arrangements, with the most representative organizations of employers and workers.

Article 17. Collaboration between undertakings engaging in activities simultaneously at one workplace. The Committee requests the Government to take the necessary measures, in accordance with Article 17, to ensure that whenever two or more undertakings engage in activities simultaneously at one workplace, there is collaboration in applying the requirements of this Convention.

Article 19(e). Ability of workers and their representatives to enquire into and be consulted on all aspects of OSH associated with their work. The Committee notes that effect would be partially given to this Article of the Convention by section 75(13) of the Occupational Safety and Health Bill (on the functions of joint safety and health committees in workplaces of twenty or more regular employees), section 76(12) (on the functions of safety and health representatives for workplaces with more than five but less than 20 regular employees), as well as section 54(1) (on employers’ duty to share information on OSH reports and to prepare and review a written OSH policy). The Committee requests the Government to provide further information on whether a technical adviser may be brought from outside the undertaking by mutual agreement for the purpose of enabling workers and their representatives to inquire into, and be consulted on, OSH matters.

Article 21. No expenditure for workers for OSH measures. The Committee notes the sections of the Occupational Safety and Health Bill providing that employees shall not bear the cost of prescribed medical surveillance programmes, prescribed medical examinations or tests, or OSH training (sections 55(3)–(5) and 73 of the Bill). It notes, however, an absence of information on measures taken to ensure that personal protective equipment must not involve any expenditure for workers. The Committee requests the Government to take measures to ensure that OSH measures do not involve any expenditure for workers, including for personal protective equipment.