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Occupational Health Services Convention, 1985 (No. 161) - Antigua and Barbuda (RATIFICATION: 2002)

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In order to provide a comprehensive view of the issues relating to the application of ratified occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine Conventions Nos 155 (OSH) and 161 (occupational health services) together.

General provisions

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

Legislation. In its previous comments, the Committee noted the Government’s intention to adopt new OSH legislation and to repeal Division D of the Labour Code (No. 14 of 1975) (Cap. 27) concerning employment health, safety and welfare. In this respect, the Committee notes the Government’s indication in its report that no legislative measures or other measures have been taken regarding the application of this Convention. The Committee requests the Government to provide detailed information on any developments regarding its intention to adopt new OSH legislation. It further requests the Government to take the Committee’s comments below into account in the context of any reform of its OSH legislation, and to take the necessary measures to ensure that full effect is given to the provisions of this Convention. The Committee requests the Government to provide detailed information on any measures taken or envisaged in this regard.

Articles 4, 5, 7, 11(a), (b), (e) and (f) and 15 of the Convention. Formulating and implementing a national policy on OSH. The Committee previously noted that the Government had not yet taken any measures to formulate or implement a coherent national policy on OSH. The Committee once again requests the Government to provide information on the measures taken or envisaged to formulate, implement and periodically review a coherent national policy on OSH and the working environment in consultation with the most representative workers’ and employers’ organizations, taking into account the fields of action prescribed in Article 5, and ensuring that the functions referred to in paragraphs a, b, e and f of Article 11 are progressively carried out, and that the institutional arrangements referred to in Article 15 are made.

Articles 13 and 19(f). Protection from undue consequences of a worker who has removed themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health. The Committee previously noted that the national legislation was silent on the issues regulated in Articles 13 and 19(f) of the Convention. The Committee requests the Government to take the necessary measures to ensure protection against undue consequences for workers who have removed themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health and to ensure that such workers are not required to return to work situations while the imminent and serious danger is continuing.

Article 17. Measures to ensure that two or more enterprises which engage in activities simultaneously at one workplace collaborate in applying the requirements of the Convention. The Committee previously noted that there are no provisions in national legislation giving effect to this Article of the Convention. The Committee requests the Government to take the necessary measures in law and in practice, to ensure collaboration in applying the requirements of this Convention whenever two or more undertakings engage in activities simultaneously at one workplace.

Article 19(a)–(e). Arrangements made at the level of the undertaking ensuring suitable conditions for all aspects of cooperation between employers, workers and their representatives, consultations with them and their training. The Committee once again requests the Government to indicate the measures taken, in law and in practice, to give effect to Article 19(a)–(e) of the Convention.

Article 20. Cooperation between management and workers and/or their representatives within the undertaking. The Committee once again requests the Government to provide further information on the measures taken to give effect to Article 20 of the Convention.

Application in practice. Noting an absence of information in this respect, the Committee once again requests once again the Government to provide information on the application in practice of the Convention, including information on the number, nature and causes of occupational accidents and cases of diseases reported.

Occupational Health Services Convention, 1985 (No. 161)

Measures to implement the Convention. In its previous comments, the Committee requested the Government to provide information on whether occupational health services had been established by collective agreements or as otherwise agreed upon by the employers and workers concerned, or in any other manner approved by the competent authority after consultation with the representative organizations of employers and workers concerned. The Committee notes with concern the Government’s indication that no legislative measures or other measures have been taken regarding the application of this Convention, and that there are no distinct OSH services in the country with preventive functions that are responsible for advising employers. The Committee also notes the Government’s statement that, where OSH incidents arise, the persons concerned generally seek assistance from local practitioners. Recalling that the establishment of occupational health services can be provided through laws or regulations; by collective agreements or as otherwise agreed upon by the employers and workers concerned; or any other manner approved by the competent authority after consultation with the representative organizations of employers and workers concerned, the Committee urges the Government to take the necessary measures to ensure that full effect is given to the provisions of this Convention in the near future. It further requests the Government to provide detailed information on any measures taken or envisaged in this regard.

The Committee is raising other matters in a request addressed directly to the Government.

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The Committee notes that the Government’s very brief report submitted in 2008 is limited to a statement indicating that there were no legislative provisions giving effect to the Convention and that similar information was provided in a subsequent communication in 2009. With reference to Article 6(b) and (c) of the Convention, the Committee requests the Government to provide information as to whether the Government has fulfilled its obligations under this Convention by establishing occupational health services by collective agreements or as otherwise agreed upon by the employers and workers concerned or in any other manner approved by the competent authority after consultation with the representative organizations of employers and workers concerned.

Part VI of the report form. Application in practice. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in the country and to attach any available and relevant extracts from labour inspection reports.