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Hygiene (Commerce and Offices) Convention, 1964 (No. 120) - United Kingdom of Great Britain and Northern Ireland (RATIFICATION: 1967)

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In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health, the Committee considers it appropriate to examine Conventions Nos 115 (radiation protection), 120 (hygiene – commerce and offices), 148 (working environment (air pollution, noise and vibration)) and 187 (promotional framework for OSH) together.

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Conventions on the basis of the supplementary information received from the Government this year (see Article 4(2)(c) of Convention No. 187, Article 15 of Convention No. 115, Article 6 of Convention No. 120, and Article 16(b) of Convention No. 148 below), as well as on the basis of the information at its disposal in 2019.

COVID-19 measures. The Committee notes the information provided by the Government on the occupational safety and health measures taken in the context of the COVID-19 pandemic. This includes the measures by the Health and Safety Executive (HSE) (and the Health and Safety Executive Northern Ireland (HSENI)) focused on the provision of information and advice for workers in the health care sector, as well as guidance for employers and workers in managing the risks associated with re-starting business, and proactive inspections. The Government states that throughout the period, the HSE has continued to engage with tripartite stakeholders.

Articles 2(1), 3(1), 4(3)(a) and 5 of Convention No. 187 and Article 5(1) and (2) of Convention No. 148. National OSH policy and programme and tripartite participation. The Committee notes the information provided by the Government in its report on the application of Convention No. 187, in reply to the Committee’s request, on the implementation and impact of the occupational safety and health (OSH) strategy 2009–15. It notes with interest the adoption of a new five year OSH strategy for the period starting in 2016, and the Government’s indication that it is developing a strategy for beyond 2020. The Committee also notes the information provided by the Government, in response to the Committee’s request, on the objectives, targets and indicators of progress provided for in the annual business plans and annual performance reports of the HSE. The Committee notes that: (i) the current OSH strategy was developed hand-in-hand with employers and worker representatives; (ii) consultation with employers’ and workers’ organizations takes place through regular meetings, conferences and information gathering events; and (iii) the HSE is supported by a range of tripartite advisory committees and industry groups within all major high-risk sectors. The Committee also notes the information provided by the Government in its report on the application of Convention No. 148 that representatives of workers and employers are consulted via their membership of the tripartite HSE Board on the formulation, implementation and review of the national strategy for health and safety at work. The Committee requests the Government to continue to provide information on the formulation of the OSH strategy for beyond 2020, in consultation with the social partners.

Article 4(2)(c) of Convention No. 187, Article 15 of Convention No. 115, Article 6 of Convention No. 120, and Article 16(b) of Convention No. 148. Mechanisms for ensuring compliance with national laws and regulations relating to OSH, including systems of inspections. The Committee previously noted that under the plan for the reform of the health and safety system, inspection is concentrated on the higher-risk sectors on the basis of a targeting and intelligence system, and that inspection no longer takes place in lower-risk sectors, but that employers in any sector who underperform in health and safety might still be visited. The Committee notes the additional information provided by the Government, in response to its request, on the functioning of this reformed system, including on the modalities for determining sectors as higher or lower risk. The Committee also notes the information provided by the Government that it is currently examining the operation of the HSE’s intelligence-led system for targeted inspection visits (the “Going to the Right Places programme”) with a view to informing the future activities of the HSE. The examination of this strategic approach includes benchmarking visits and the Government states that there are further opportunities to improve the targeting. The Committee further notes that the Government provides the requested health and safety statistics in response to its request on the application of Convention No. 187 in practice. With reference to its comments under the Labour Inspection Convention, 1947 (No. 81), the Committee requests the Government to continue to provide information on the mechanisms for ensuring compliance with the national occupational health and safety legislation, including statistical data on the application in practice of the above Conventions.

Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)

Article 3(2) of the Convention. Promote and advance, at all relevant levels, the right of workers to a safe and healthy environment. The Committee notes the information provided by the Government, in response to its request, concerning the measures taken to promote workers’ involvement for a safe and healthy environment, including the publication of a toolbox aimed at assisting worker safety representatives and employers in the control of workplace hazards. The Committee takes note of this information.

Article 4(3)(d). Occupational health services in accordance with national law and practice. The Committee notes the Government’s reference, in response to the Committee’s request on the coverage of workers by occupational health services, to a 2015 study which indicates that around half of all workers have access to occupational health services through their workplace. The Government adds that it is committed to setting out a clear direction and strategy on occupational health by 2019–20, and that it is the Government’s vision to ensure timely access for all workers to quality occupational health services. The Committee requests the Government to continue to provide information on efforts to maintain, progressively develop and periodically review the provision of occupational health services.

Article 4(3)(g). Collaboration with relevant insurance or social security schemes. The Committee notes the information provided by the Government, in response to its request, on the collaboration between the HSE and the Secretary of State for the Department for Work and Pensions. This collaboration is governed by a framework agreement, and includes quarterly meetings between the Chair and Chief Executive of the HSE and the leadership of the Department. The Committee requests the Government to provide further details on this collaboration, including with regard to the mechanisms of collection and analysis of data on occupational accidents and diseases in the country.

Radiation Protection Convention, 1960 (No. 115)

General observation of 2015. The Committee notes the Government’s indications in response to the Committee’s reference to its General observation of 2015, regarding measures taken to give effect to the Convention, particularly as regards the protection of workers through the Ionizing Radiation Regulations 2017, which replaced the Ionizing Radiation Regulations 1999.

Article 2 of the Convention. Application of the Convention to all activities involving exposure of workers to ionizing radiations in the course of their work. Case of emergency workers. The Committee previously emphasized, with reference to the term “emergency exposure” in the national legislation, that for emergency situations, informed emergency workers may volunteer to receive a dose higher than the established reference levels only in limited circumstances, but that they do not include the saving of valuable installations or goods. The Committee notes the Government’s response to its request that the Ionizing Radiations Regulations 2017 and the Radiation (Emergency Preparedness and Public Information) Regulations 2019 still define “emergency exposure” as “to bring help to endangered persons, prevent exposure of a large number of persons or save valuable installations or goods”. However, the Government adds that in practice, a radiation emergency is determined with regard to an impact on health and safety, and that emergency workers may therefore not be subject to an exposure that exceeds the established limit for the sole purpose of saving valuable installations or goods. The Committee requests the Government to consider, for the purpose of legal certainty, to include this interpretation in relevant regulations to provide for the protection of emergency workers in practice.

Article 7(2). Young workers under the age of 16. The Committee notes from the Government’s indications and Part I of Schedule 3 of the Ionizing Radiations Regulations 2017 and Part I of Schedule 3 of the Ionizing Radiations Regulations (Northern Ireland) 2017 that the limit on the effective dose for any person other than a designated employee or trainee, including any person below the age of 16, is to be 1 mSv in any calendar year.

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Article 2(3) of the Convention. The Committee welcomes the Government’s statement that it accepts the obligations of the Convention in respect of the categories of hazards relating to noise and vibration, which had been excluded at the time of ratification by the Government. The Committee therefore invites the Government to consider sending a formal notification to the Director-General of the International Labour Office that it accepts the obligations of the Convention in respect of the categories previously excluded, in accordance with Article 2(3) of the Convention.

Article 8(2). Consideration of opinions of technically competent persons designated by employers’ and workers’ organizations. The Committee notes the Government’s reference in its report to legislation providing for the designation of safety representatives and other technically competent persons at the enterprise level. However, the above Article refers to the consideration of opinions of technically competent persons designated by employers’ and workers’ organizations in the establishment of the determination of exposure levels by the competent authority. In this respect, the Committee also notes the information provided by the Government in its comment on the application of Convention No. 187 that the HSE is supported by a range of tripartite advisory committees and industry groups within all major high-risk sectors. The Committee requests the Government to provide information on how technically competent persons designated by employers’ and workers’ organizations, such as those on tripartite advisory committees, are consulted in the determination of exposure levels by the competent authority.

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In order to provide a comprehensive view of the issues relating to the application of ratified conventions on occupational safety and health, the Committee considers it appropriate to examine Conventions Nos 115 (radiation protection), 120 (hygiene – commerce and offices), 148 (working environment (air pollution, noise and vibration)) and 187 (promotional framework for OSH) together.

Articles 2(1), 3(1), 4(3)(a) and 5 of Convention No. 187 and Article 5(1) and (2) of Convention No. 148. National OSH policy and programme and tripartite participation. The Committee notes the information provided by the Government in its report on the application of Convention No. 187, in reply to the Committee’s request, on the implementation and impact of the occupational safety and health (OSH) strategy 2009–15. It notes with interest the adoption of a new five year OSH strategy for the period starting in 2016, and the Government’s indication that it is developing a strategy for beyond 2020. The Committee also notes the information provided by the Government, in response to the Committee’s request, on the objectives, targets and indicators of progress provided for in the annual business plans and annual performance reports of the Health and Safety Executive (HSE). The Committee notes that: (i) the current OSH strategy was developed hand-in-hand with employers and worker representatives; (ii) consultation with employers’ and workers’ organizations takes place through regular meetings, conferences and information gathering events; and (iii) the HSE is supported by a range of tripartite advisory committees and industry groups within all major high-risk sectors. The Committee also notes the information provided by the Government in its report on the application of Convention No. 148 that representatives of workers and employers are consulted via their membership of the tripartite HSE Board on the formulation, implementation and review of the national strategy for health and safety at work. The Committee requests the Government to continue to provide information on the formulation of the OSH strategy for beyond 2020, in consultation with the social partners.

Article 4(2)(c) of Convention No. 187, Article 15 of Convention No. 115, Article 6 of Convention No. 120, and Article 16(b) of Convention No. 148. Mechanisms for ensuring compliance with national laws and regulations relating to OSH, including systems of inspections. The Committee previously noted that under the plan for the reform of the health and safety system, inspection is concentrated on the higher-risk sectors on the basis of a targeting and intelligence system, and that inspection no longer takes place in lower-risk sectors, but that employers in any sector who underperform in health and safety might still be visited. The Committee notes the additional information provided by the Government, in response to its request, on the functioning of this reformed system, including on the modalities for determining sectors as higher or lower risk. The Committee also notes that the Government provides the requested health and safety statistics in response to its request on the application of the Convention No. 187 in practice. With reference to its comments under the Labour Inspection Convention, 1947 (No. 81), the Committee requests the Government to provide information on the mechanisms for ensuring compliance with the national occupational health and safety legislation, including statistical data on the application in practice of the above-mentioned Conventions.

Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)

Article 3(2). Promote and advance, at all relevant levels, the right of workers to a safe and healthy environment. The Committee notes the information provided by the Government, in response to its request, concerning the measures taken to promote workers’ involvement for a safe and healthy environment, including the publication of a toolbox aimed at assisting worker safety representatives and employers in the control of workplace hazards. The Committee takes note of this information.

Radiation Protection Convention, 1960 (No. 115)

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

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Article 10 of the Convention. Temperature of premises. The Committee previously noted that the Government was reviewing its guidance on working temperatures. In this regard, the Committee notes with interest the Government’s indication that following consultation with the social partners and industry stakeholders, agreement has been reached on workplace temperatures. The Government indicates in this regard that the Workplace (Health, Safety and Welfare) Regulations, Approved Code of Practice, places a duty on employers to ensure a reasonably comfortable temperature in the workplace, and specifies a minimum temperature in this respect.

Article 6. Inspection. Application of the Convention in practice. The Committee notes the statistical information provided by the Government concerning the number of enforcement notices issued and the prosecutions undertaken concerning occupational safety and health in general. It also notes the Government’s statement, in its report submitted under the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), that the plan for the reform of the health and safety system introduced a new categorisation of industries, wherein inspection no longer takes place in lower-risk sectors. The Committee requests the Government to continue to provide information, including statistical data, on the application in practice of the Convention. It also requests the Government to provide information on the impact of the reform of the health and safety system on inspections undertaken with respect to commerce and offices.

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The Committee notes the information provided in the Government’s latest report, the attached documentation, and the response provided by the Government on Article 5 of the Convention. The Committee also notes the Government’s reference to a review on the regulations and guidance on working temperatures, which includes consultations with stakeholders from both sides of the industry. The Committee asks the Government to continue to provide information on legislative measures undertaken with regards to the Convention.

Article 2. Exclusion of specific categories of workers. The Committee notes the information provided by the Government indicating that while workers employed in offshore premises are excluded from the application of the provisions of this Convention, they are covered by legislation that provides the same level of protection. The Government has also stated that, on a practical level, the difficulties in identifying workers in domestic premises to be covered by the Convention would mean that effective enforcement of the legislation would be impossible, and that a large proportion of workers employed in domestic premises are care workers providing services to vulnerable sections of the community and that it would be difficult, if not impossible, to justify applying health and safety legislation to the homes of people who are already disadvantaged. The Committee asks the Government to provide information on measures taken or envisaged to ensure workers in domestic premises are afforded, as far as practicable, occupational safety and health protection; and invites the Government to continue to consider the possibility of including excluded groups of workers into the scope of application of the Convention.

Part IV of the report form. Application in practice. The Committee notes the attached statistical information indicating the number of enforcement notices issued and prosecutions taken. The Committee asks the Government to continue to provide information concerning the application of the Convention in practice, including the number of workers covered, and the number and nature of accidents and occupational diseases reported.

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1. The Committee notes the comprehensive report of the Government and the information supplied in response to its comments. It notes in particular the Government’s indications on the extensive review of existing legislation which, as a result, had led to the adoption of a number of new regulations for the United Kingdom and Northern Ireland to implement the requirements set forth in the respective Directives of the European Community, which also give effect to the general principles set forth in Articles 7 to 19 of the Convention.

2. Article 2 of the Convention. Exclusion of specified categories of workers from the application. Referring to its previous comments, the Committee understands from the information contained in the Government’s report that workers employed in domestic and offshore premises are still excluded from the scope of application of the legislation. It therefore invites the Government to consider the possibility to include these groups of workers into the scope of application of the legislation at the occasion of the next revision of the legislation.

3. Article 5 of the Convention. Consultation on legislation. The Committee notes the Government’s indication as to the public consultations held between November 2001 and February 2002 in the framework of the revision of the respective safety and health regulations. It further notes the Government’s indication that the European Commission requires Member States to review this legislation every five years. The Committee, while taking due note of this information, requests the Government to supply information on any legislative changes which might occur and which might have an impact on the application of this Convention.

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1. The Committee takes note of the Government’s report. It notes with interest the adoption of numerous regulations for the United Kingdom and Northern Ireland, which continue to be in conformity with the provisions of the Convention.

2. Article 2 of the Convention. The Committee notes the Government’s indication that domestic and offshore premises are excluded from the scope of application of the legislation. It further notes the Government’s indication that the legislation will be extensively reviewed in consultation with the Confederation of British Industry (CBI), the Trade Union Congress (TUC), the Health and Safety Commission (HSC) and the local authorities (LAs). The Committee therefore requests the Government to supply information on the development of the legislative process, and to supply copies of new regulations once they have been adopted. The Committee further requests the Government to indicate whether the review of the legislation also comprises the legislation applicable to Northern Ireland.