Observation (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

1. The Committee notes the information contained in the Government’s report and the attached legislation.

2. Article 1 of the Convention. Scope of application. The Committee notes with interest the legislative measures taken to implement European Community legislation, in particular the adoption of the Occupational Health and Safety Authority Act (Chapter 424) (Act No. 27 of 2000), repealing the Occupational Health and Safety (Promotion) Act (Act No. 7 of 1994), the Occupational Health and Safety (Judicial Committee) (Procedure) Regulations, 1995, and sections 56 and 57 of the Factories (Health, Safety and Welfare) Regulations, 1986. It notes that Act No. 27 of 2000 applies to all branches of economic activity, in accordance with Article 1 of the Convention. It notes the Government’s statement that there are no specific regulations issued dealing with air pollution, which is considered as an occupational hazard within the scope of the Act. The Committee also notes with interest the adoption of the General Provisions for Health and Safety at Workplaces Regulation, 2003 (Legal Notice No. 36 of 2003), repealing sections 9, 11, 33, 43, 44, 45, 47, 48, 49, 50, 52, 53, 58, 59 and 60 of the Factories (Health, Safety and Welfare) Regulations, 1986. It notes that Legal Notice No. 36 of 2003 ensures the application of Articles 1, 2, 5, 6, 7, 10, 13, 15 and 16 of the Convention.

3. Article 5. Competent occupational safety and health authority. The Committee notes that section 5 of Act No. 27 of 2000 establishes the Occupational Health and Safety Authority to ensure that the levels of occupational health and safety protection is respected, replacing the tripartite Commission for the Promotion of Occupational Health and Safety.

4. The Committee is raising certain other points in a request addressed directly to the Government.