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Occupational Safety and Health Convention, 1981 (No. 155) - Belize (RATIFICATION: 1999)

Other comments on C155

Observation

Direct Request

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Articles 4, 7 and 8 of the Convention. Formulation and review of the national OSH policy. Legislation. The Committee notes that, according to the Government’s report, a new Occupational Safety and Health Bill developed in 2014 was reviewed by a working committee composed of representatives of workers, employers and the Labour Department and submitted to the Government in November 2022 for further consideration. The Committee requests the Government to continue to provide information on progress made towards the adoption of the OSH Bill, as well as the consultations held in this respect with the social partners.

Article 5(a). Design, testing, choice, substitution, installation, arrangement, use and maintenance of the material elements at work. The Committee notes the Government’s reply to its previous request that the Department of the Environment (DOE) of the Ministry of Sustainable Development, Climate Change and Disaster Risk Reduction is taking measures to give effect to Article 5(a) of the Convention via an Environmental Impact Assessment, which provides environmental guidelines intended to guide owners and operators of light industries about its environmental impacts and the methods of control. In addition, the Government informs about the utilization of an Environmental Clearance issued based on an Environmental Compliance Plan (ECP) that addresses matters such as working environment, chemicals, working time, supply of adequate personal protective equipment and condition of sanitary facilities. The Committee also notes that according to section 9(a) of the Factories Act, the construction of factories must be preceded by an application for permission to the Chief Factory Inspector with information on the position, form, materials and dimensions of the factory or building and of every dwelling house, as well as on the position, form, arrangement and dimensions of the machinery placed therein. While taking note of this information, the Committee requests the Government to provide further information on how the design, testing, choice, substitution, installation, arrangement, use and maintenance of the material elements at work is taken into account in practice in the national OSH policy.

Article 5(b). Relationships between the material elements of work and the persons who carry out or supervise the work. The Committee notes that section 14(1) of the Factories Act provides for the obligation of the owner, manager or other person in control of the factory to make an annual report with information on changes or additions to the factories premises or the processes carried on therein. The Committee once again requests the Government to provide information on the manner in which relationships between the material elements of work and the persons who carry out or supervise work and adaptation of machinery, equipment, working time, organization of work and work processes to the physical and mental capacities of the workers is taken into account, including in the context of the development of the OSH Bill.

Article 11(c) and (e). Notification of occupational accidents and diseases. Production and publication of annual statistics. The Committee notes the publication of annual statistical reports by the Social Security Board, which provide data regarding occupational injuries resulting from accidents. The Social Security’s 2021 Statistical Report includes details on the quantity, nature and causes of occupational injuries spanning the years 2017 to 2021, along with the specific sectors in which these injuries took place. However, the Committee notes the absence of data regarding occupational diseases. The Committee once again 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; and if so, to provide the information.

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 notes the Government’s indication in its report that the Department of Employment is revising the Draft Integrated Chemical Management Bill, which intends to improve the management of chemicals, particularly in industrial chemicals. The Government also informs that the DOE is planning to establish a “Chemical Management Unit” to implement the legislation’s provisions. The Committee requests the Government to continue to provide information on the status of the process for the review of the Draft Integrated Chemical Management Bill.

Article 12. Obligations of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee notes the Government’s indication in its report that the matters covered by Article 12 of the Convention have remained the same since its previous report. The Committee once again requests the Government to provide information on any measures taken or envisaged, in law and in practice, including in the context of the Occupational Safety and Health Bill, 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.

Article 17. Collaboration where two or more undertakings are engaged in activities simultaneously at one workplace. The Committee notes the information provided by the Government that the DOE addresses this Article through a clause included in the Environmental Compliance Plan which indicates that the owner transfers all its contents to his contract agents. The Committee notes, however, that the plan is only required for new projects, does not apply to most workplaces and does not contain specific measures aimed at protecting occupational health and safety. The Committee therefore requests the Government to provide information on the measures taken, including in the context of the development of the new OSH Bill, to ensure that whenever two or more employers engage in activities simultaneously at one workplace, they shall collaborate in applying OSH requirements.

Article 18. Emergencies and first aid. The Committee notes the information provided by the Government that section 3(2) of the Environmental Impact Assessment Regulation, read along with section 22 of the Environment Protection Act, addresses issues such as emergency management and response, and safety in the standard operating procedures. However, the Committee notes in this respect that these provisions do not contain requirements related to first aid and occupational accidents. The Committee therefore requests the Government to provide information on the measures taken, including within the context of the development of the new OSH Bill, to ensure that employers are required to provide, where necessary, measures to deal with emergencies and accidents, including adequate first-aid arrangements.

Article 21. Expenditure on OSH measures. The Committee notes the Government’s indication in its report that there has been no change with respect to the matter covered by Article 21 since its previous report. The Government also indicates that that the ECP establishes that the responsibility to provide OSH measures lies with the employer, not the employee. The Committee requests the Government to provide information on any measures taken to ensure that OSH measures do not involve any expenditure for workers in all situations and economy branches.