Observación (CEACR) - Adopción: 2022, Publicación: 111ª reunión CIT (2023)

Repetition

The Committee notes with deep concern that the Government’s reports, due since 2015, have not been received. In light of its urgent appeal launched to the Government in 2020, the Committee proceeds with the examination of the application of the Conventions on the basis of the information at its disposal.

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 115 (radiation protection) and 155 (OSH) together.

A. General provisions

Occupational Safety and Health Convention, 1981 (No. 155)

Articles 4, 7 and 8 of the Convention. Formulation and review of the national OSH policy. Legislation. The Committee previously noted the Government’s reiterated reference to an OSH Bill developed in 2003. The Committee observes that a draft OSH Bill was introduced in 2014, but has not been adopted. In its previous comments, the Committee also noted that the National OSH Policy was approved in 2004, which set up both general and specific objectives, including the principle of prevention and the promotion and maintenance of OSH standards at all workplaces. However, the Committee notes that the 2004 Policy has not been reviewed or updated.The Committee requests the Government to provide information on the status of the OSH Bill, and on any new legislation adopted which relates to the application of the Convention. The Committee also requests the Government to indicate the measures taken for the review and update of the 2004 National OSH Policy, including any consultation held with social partners. Furthermore, the Committee requests the Government to provide information on any measures taken or envisaged to review the situation of OSH and the working environment in the country, either overall or in respect of particular areas, with a view to identifying major problems and effective methods for dealing with them.

Article 5. Main spheres of action affecting OSH and the work environment. The Committee notes that the 2004 National OSH Policy provides for training and education in the field of OSH and defines the role and responsibilities of different stakeholders in this regard, putting emphasis on communication and cooperation (in accordance with Article 5(c) and (d)). The Committee notes, however, that the 2004 National OSH Policy does not address other elements required by Article 5 of the Convention, including the design, testing, choice, substitution, installation, arrangement, use and maintenance of the material elements of work (Article 5(a)) and the relationships between the material elements of work and the persons who carry out or supervise the work (Article 5(b)).The Committee requests the Government to provide information on any measures taken or envisaged to give effect to Article 5(a) and (b) of the Convention.

Article 11(c) and (e). Notification of occupational accidents and diseases. Production and publication of annual statistics. The Committee notes that the Social Security Board publishes annual statistical reports, including information on occupational injuries due to accidents. The Social Security’s Statistical Report of 2019 contains information on the number, nature and causes of occupational injuries for 2015–19, and the sectors in which they occurred.The Committee requests the Government to provide information on any applicable procedures regarding the notification by employers of occupational accidents and diseases to the competent authority. It also requests the Government to indicate whether statistics on occupational diseases are collected and published, in addition to those on occupational accidents.

Article 11(f). Introduction of systems to examine chemical, physical and biological agents in respect of the risk to the health of workers. The Committee previously noted that, in November 2010, the Government launched the Strategic Approach to International Chemicals Management (SAICM), entailing the implementation of a chemicals management system in two phases through a multi-sectoral approach. Phase II of this project was launched in June 2012, aiming at the development of a legal and institutional framework for the management of chemicals, including market surveillance measures.The Committee requests the Government to provide information on any developments in chemical management, including legal and institutional initiatives taken in this regard. It also requests the Government to indicate whether there are any similar management frameworks regarding physical and biological agents.

Article 12. Obligations of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use.The Committee requests the Government to provide information on any measures taken or envisaged, in law and in practice, to ensure the responsibilities of those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use with regard to the safety and security of concerned persons, as required by Article 12 of the Convention.

Article 17. Collaboration where two or more undertakings are engaged in activities simultaneously at one workplace.The Committee requests the Government to provide information on any measures taken to ensure collaboration in applying the requirements of the Convention, whenever two or more undertakings are engaged in activities simultaneously at one workplace.

Article 18. Emergencies and first aid. The Committee notes that both the Factory Act (section 12(1)(c)) and the Labour Act (section 155(b)) provide for the development of regulations on the provision of first-aid equipment.The Committee requests the Government to indicate whether there are any laws or regulations adopted (including under the Factory Act or the Labour Act) to provide for measures to be taken in case of emergencies and accidents, including adequate first-aid arrangements.

Article 21. Expenditure on OSH measures.The Committee requests the Government to provide information on any measures taken to ensure that OSH measures do not involve any expenditure for workers.

B. Protection against specific risks

Radiation Protection Convention, 1960 (No. 115)

Article 3(1) of the Convention. Protection measures. The Committee notes that, according to section 94 of the Labour Act, the Minister of Labour may adopt regulations regarding any operation involving the exposure of workers to ionizing radiations, to: (i) prohibit the employment of, or modify or limit the hours of employment of all persons or any class of persons in connection with any such operations; or (ii) prohibit, limit or control the use of any material or process in connection with any such operation, and may impose duties on owners, employers, employed persons and other persons, as well occupiers. In addition, while reiterating its concern at the absence of a government report, the Committee notes with interest the adoption of the Radiation Safety and Security Act in October 2020, following technical assistance from the International Agency for Atomic Energy (IAEA). It notes that the Radiation Safety and Security Act establishes the Office of Radiation Safety and Security within the Ministry responsible for the environment (the Office). Pursuant to section 42 of this Act, this Office shall prescribe requirements for radiation protection to be met before any activity or practice can be licensed, including all steps that shall be taken by the licensee for the protection and safety of workers by keeping doses below the relevant threshold.The Committee requests the Government to indicate whether any regulations have been adopted by the Minister of Labour pursuant to section 94 of the Labour Act. It also requests the Government to provide detailed information on the requirements prescribed for licensees under section 42 of the Radiation Safety and Security Act, regarding the protection of workers against ionizing radiation.

Article 3(2). Data collection. The Committee notes that, according to section 9(1)(l), (m) and (n) of the Radiation Safety and Security Act, the Office shall establish and maintain a national register of radiation sources, persons licenced to carry out activities or practices under the Act, as well as other registers as necessary.The Committee requests the Government to provide information on the implementation in practice of these provisions, such as the information required for the purpose of the register and the method of data collection.

Articles 6 and 8. Determination and review of maximum permissible doses. The Committee notes that, according to section 41(2) of the Radiation Safety and Security Act, the Office shall prescribe dose limits for persons that may not be exceeded in conducting activities or practices involving, among others, the production or use of radiation sources. Section 41(3) further provides that any dose limits prescribed shall take into account the recommendations of the IAEA and the International Commission on Radiation Protection. The Committee observes that there do not seem be any dose limits prescribed by the Office following the adoption of the Radiation Safety and Security Act in October 2020.The Committee requests the Government to indicate the measures taken to ensure that the maximum permissible doses or amounts are determined without delay. It also requests the Government to provide information on any mechanism ensuring the review of such dose limits.

Article 9. Warning of the presence of hazards from ionizing radiations and instructions for workers directly engaged in radiation work.The Committee requests the Government to provide information on any measures taken to ensure that: (i) appropriate warnings are used to indicate the presence of hazards from ionizing radiations; and (ii) adequate instructions are provided to all workers directly engaged in radiation work before and during such employment.

Article 12. Medical examination. The Committee notes that, according to the 2004 National OSH Policy, the employer is required to make provisions for pre-employment, pre-placement and periodic medical examinations for the persons they employ, while the Ministry of Health shall work towards the establishment of an occupational health unit, which will, among other functions, provide medical assistance in this regard.The Committee requests the Government to provide further information on the medical examinations prescribed and provided in practice to workers directly engaged in radiation work, including examinations prior to or shortly after taking up such work, and their subsequent examinations at appropriate intervals.

Article 13. Measures in case of irradiation or radioactive contamination. The Committee notes that Part VIII of the Radiation Safety and Security Act provides for emergency preparedness and response. However, the Committee notes that it does not contain any provisions addressing the protection of workers as required by Article 13(a), (c) and (d) of the Convention.The Committee requests the Government to provide information on any measures taken or envisaged, in law or in practice, in case of exposure of workers to ionizing radiations with regard to the protection of workers as required by the Convention, including appropriate medical examination of affected workers, examination of the conditions in which workers’ duties are performed and any necessary remedial action.

Article 14. Employment involving exposure to ionizing radiation contrary to medical advice.The Committee requests the Government to provide information on the measures taken to ensure that workers are not employed or engaged in work liable to expose them to ionizing radiations contrary to qualified medical advice, including measures for the provision of alternative employment.