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Previous comments: C.155 and C.184

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on Occupational Safety and Health (OSH), the Committee considers it appropriate to examine Conventions Nos 45 (underground work (women)), 155 and its Protocol of 2002 (OSH) and 184 (safety and health in agriculture) together.
Application of Conventions Nos 155 and 184 in practice. The Committee notes the information provided by the Government in reply to its previous request on the increase in enforcement notices, indicating that this was the result of a higher number of National Occupational Health and Safety Service (NOHSS) audits carried out as a prerequisite for license renewals. Concerning the application of Convention No. 184, the Committee notes the Government’s indication that: (i) there have been 13 workmen’s compensation claims lodged with the Accident Compensation Commission Fiji in the agricultural sector; (ii) 2 workers from the sector have been paid 24,000 Fiji Dollars (FJD) (approximately US$11,262) as lump sum compensation; (iii) there have been 96 workplace inspections with the issuance of 24 enforcement notices for the fiscal years 2020-2021 to 2021-2022. The Committee requests the Government to continue to provide information on the implementation of Conventions Nos 155 and 184 in practice, including available statistical information on the number of occupational accidents and cases of occupational disease, including in the agricultural sector, as well as the number and nature of contraventions reported.

A. General provisions

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

Legislative developments. The Committee notes the Government’s indication, in reply to the Committee’s previous comment, that the Health and Safety at Work Act 1996 (HSWA) will be reviewed to consider the establishment of the Fiji Work-Care Authority by the National Occupational Health and Safety Advisory Board (NOHSAB). It further adds that the NOHSS will continue with consultations in this respect. The Committee therefore requests the Government to continue to provide information on progress achieved in the ongoing legislative review process. The Committee also once again requests Government to provide information on the manner in which effect is given to the following articles of the Convention: Article 1 (application to all branches of economic activity, including domestic workers), Article 11(f) (introduction of knowledge and risk assessment systems), Article 19(e) (possibility to bring in technical advisers from outside the undertaking) and Article 21 (provision of medical examinations at no cost for workers).
Articles 4 and 7 of the Convention. National occupational safety and health (OSH) policy. Review of the situation regarding OSH at appropriate intervals. The Committee notes with interest the Government’s indication that the draft for a National OSH Policy 2021 for Fiji has been formulated in consultation with the tripartite members of the NOHSAB. The Government adds that the draft was endorsed by both the NOHSAB and the Minister for Employment, Productivity and Industrial Relations, and will subsequently be tabled in Cabinet for endorsement. The Committee requests the Government to provide information on the adoption of the National OSH policy as well as its subsequent implementation. The Committee also requests the Government to provide further information on the measures taken or envisaged to ensure that the national OSH policy is periodically reviewed, as well as on other measures taken to review the OSH situation at appropriate intervals.
Article 11(b). Substances subject to authorization and control. The Committee previously noted that section 53(1) of the HSWA and section 31 of the Health and Safety at Work (Control of Hazardous Substances) Regulations 2006 provide for the creation of the Fiji Chemical Inventory for all industrial chemicals by the Chief Health and Safety Inspector. It notes the Government’s reply to its previous request that the establishment of the Fiji Chemical Inventory is still a work in progress due to the COVID-19 pandemic. The Government adds that the NOHSS is currently: (i) organizing to form an association with chemical importers, manufacturers, suppliers, distributors and employers in Fiji and (ii) consulting the Fiji Revenue Customs Services to prohibit the entry of prohibited hazardous substances and chemicals to the territory. The Committee requests the Government to continue providing information on all progress made towards the establishment of the Fiji Chemical Inventory, as provided for by section 53(1) of the HSWA and section 31 of the Health and Safety at Work (Control of Hazardous Substances) Regulations 2006.
Article 17. Two or more undertakings at one workplace. The Committee notes the Government’s statement, in reply to the Committee’s previous comment, that the implementation of Article 17 will be part of the legislative review of the HSWA. The Committee requests the Government to take the necessary measures, in the ongoing legislative review process, to establish a duty to collaborate on OSH matters for undertakings engaging in activities simultaneously at the same workplace.

Protocol of 2002 to Convention No. 155.

Article 1 of the Protocol. Commuting accidents.The Committee requests the Government to indicate whether the legislation covers the concept of “commuting accident”, namely an accident resulting in death or personal injury occurring on the direct way between the place of work and: (i) the worker’s principal or secondary residence; or (ii) the place where the worker usually takes a meal; or (iii) the place where the worker usually receives their remuneration.
Article 3(a)(ii), (c) and (d) of the Protocol. Procedures for recording. Provision of information to workers and their representatives. Duration for maintaining records. Confidentiality of personal data. The Committee notes the procedures for recording occupational accidents and diseases established in the HSWA (sections 26-29) and in the Health and Safety at Work (Administration) Regulations 1997 (sections 6 and 7). However, the Committee observes that these provisions do not establish the requirements and procedures for recording in relation to: (i) the employer’s responsibility to provide appropriate information for workers or their representatives concerning the recording system (Article 3(a)(ii)); (ii) the duration for maintaining these records (Article 3(c)) and (iii) the confidentiality of personal and medical data in the employer’s possession (Article 3(d)). The Committee therefore requests the Government to indicate the measures taken or envisaged to give effect to Article 3(a)(ii), (c) and (d) of the Protocol to Convention No. 155.
Article 4(a) of the Protocol. Information for workers and their representatives concerning notified cases. The Committee notes that sections 6 and 7 of the Health and Safety at Work (Administration) Regulations 1997 establish the obligation for employers to notify and record an accident, incident or disease that occurs at a workplace, using the forms provided in schedule 7 of the Regulations. However, these provisions do not establish the responsibility for employers to provide appropriate information to workers or their representatives concerning notified cases. The Committee requests the Government to provide information on the measures taken or envisaged to give effect to Article 4(a) of the Protocol.
Article 6. Annual publication of statistics. The Committee notes that the Ministry of Employment, Productivity and Industrial Relations published annual reports from 2010 to 2016, which contained statistics on injuries cases and death cases. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that statistics are published annually, compiled in such a way as to be representative of the whole country, concerning occupational accidents, occupational diseases and, as appropriate, dangerous occurrences and commuting accidents, as well as the analyses thereof.

B. Protection in specific branches of activity

Underground Work (Women) Convention, 1935 (No. 45)

The Committee recalls that at its 334th Session (October-November 2018), the Governing Body of the ILO decided, on the recommendation of the Standards Review Mechanism Tripartite Working Group, to classify Convention No. 45 as an outdated standard, and to place on the agenda of the 113th Session (2024) of the International Labour Conference an item concerning the abrogation of the Convention. The Governing Body also requested the Office to ensure follow-up for Member States currently bound by Convention No. 45 to promote ratification of up-to-date occupational safety and health instruments, in particular the Safety and Health in Mines Convention, 1995 (No. 176), and to launch a campaign to promote ratification of that Convention. The Committee encourages the Government to give effect to the decision taken at the 334th Session of the Governing Body (October-November 2018) approving the recommendations of the Standards Review Mechanism Tripartite Working Group, and to consider ratification of more up-to-date instruments in this area. The Committee takes this opportunity to remind the Government that the 110th Session of the International Labour Conference (June 2022) included a safe and healthy working environment in the ILO’s framework of fundamental principles and rights at work, thus amending the ILO Declaration on Fundamental Principles and Rights at Work (1998). The Committee draws the Government’s attention to the possibility of availing itself of ILO technical assistance with a view to bringing both the applicable law and practice into conformity with the fundamental Conventions on occupational safety and health and thus promote the ratification and effective application of those instruments.

Safety and Health in Agriculture Convention, 2001 (No. 184)

The Committee notes the information provided by the Government on Articles 4(2)(b) and 4(3), 6(1), 7, 8, 12, 13, 16 and 17 which address the Committee’s previous requests.
Article 4(1) and (2)(c) of the Convention. Adoption of a coherent national policy on occupational safety and health in agriculture and inter-sectoral coordination. In reply to the Committee’s previous comment, the Government indicates that a second National Occupational Health and Safety profile for Fiji has been formulated. The Committee notes that the draft National OSH Policy covers a number of elements related to the agricultural sector, including the protection of agricultural workers, the revision of agricultural regulations and a review of the Pesticides Act. The Government also indicates that the need for a mechanism for inter-sectoral coordination among relevant authorities and bodies for the agricultural sector has been highlighted in the draft National OSH Policy, and that it intends to develop a separate policy on occupational safety and health for agriculture. The Committee requests the Government to continue to provide information on the progress achieved in the development of the OSH policy for the agricultural sector, either through the adoption and implementation of the National OSH Policy which addresses agriculture or through the development of a separate policy. It also requests the Government to continue to provide information on the establishment of a mechanism of inter-sectoral coordination among relevant authorities and bodies for the agricultural sector.
Article 5. Inspection services in agriculture.The Committee refers the Government to its comments adopted in 2023 under the Labour Inspection (Agriculture) Convention, 1969 (No. 129).
Article 6(2). Employers’ obligations in agriculture. Cooperation between two or more employers in an agricultural workplace. Referring to its comments above on Article 17 of Convention No. 155, the Committee requests the Government to provide information on the measures adopted or envisaged in order to ensure that whenever in an agricultural workplace two or more employers undertake activities, or whenever one or more employers and one or more self-employed persons undertake activities, they shall cooperate in applying the safety and health requirements.
Articles 9 and 10. Machine safety and ergonomics. The Committee notes that HSWA provides that: (i) an employer has the duty to make available adequate information to workers in appropriate languages about the use of any plant or substance used at work (section 9(2)(c)); and (ii) a person who manufactures, imports or supplies any plant or substance for use at a workplace shall take necessary steps to provide adequate information about the safe use of plants or substances at work, including the use for which the plant is designed (section 12(1)(c)). The Committee also notes the Government’s indication that all plant equipment and machinery are inspected either annually or biannually by a competent person prior to the issuance of relevant certifications. The inspections have as their purpose the identification of whether plant and machinery can be operated, adjusted and maintained safely and without risk to workers’ health and safety, with any deterioration detected and remedied before it results in a health and safety risk. The Government further adds that all manufacturers, importers, suppliers, installers and employers for agricultural plants and machinery should ensure the provision of all the relevant documents for plant, equipment and machinery, with the aim of ensuring that they undergo the necessary registration, testing, examination and certification prior to the use of any machines. The Committee observes, however, that there is no information on the manner in which agricultural machinery and equipment shall only be used for work for which they are designed and be operated by trained and competent persons, in accordance with Article 10(a) and (b) of the Convention. The Committee requests the Government to provide information on the measures taken: (i) to prescribe that machinery, equipment, appliances and hand tools used in agriculture, comply with national or other recognized safety and health standards and be appropriately installed, maintained and safeguarded (Article 9(1)); and (ii) to ensure that manufacturers, importers and suppliers comply with such standards and provide adequate and appropriate information, including hazard warning signs to the users and, on request, to the competent authority. The Committee also requests the Government to take measures to ensure that national laws and regulations: (i) prohibit the use of all agricultural machinery and equipment for purposes other than those initially envisaged (Article 10(a)); and (ii) require that all agricultural machinery and equipment be operated by trained and competent persons (Article 10(b)).
Article 12(a) and (c). Appropriate system for the importation, classification, packaging and labelling of chemicals used in agriculture. Suitable system for the safe collection, recycling and disposal of chemical waste. The Committee refers to its comments above on Article 11(b) of Convention No. 155 related to the establishment of the Fiji Chemical Inventory.
Article 15. Agricultural installations. The Committee notes the Government’s indication that section 12 of the HSWA provides obligations on manufacturers, importers, suppliers and installers of plant equipment and machinery. The Committee notes, however, that it does not contain provisions on the safety and health measures to be taken with regard to the construction, maintenance and repairing of agricultural installations. In this regard, the Committee requests the Government to provide information on the measures taken or envisaged to ensure that the construction, maintenance and repairing of agricultural installations are in conformity with national laws, regulations and safety and health requirements.
Article 18. Women workers. The Committee notes the Government’s indication that section 10(6) of the Health and Safety at Work (General Workplace Conditions) Regulations 2003 provides that where women are employed at a workplace, adequate, hygienic means for napkin disposal shall be provided. The Committee also notes that the Regulations provide that the rest facilities shall meet the needs of women workers (section 14(2)) and that no woman worker shall be assigned to manual transport of loads during pregnancy (section 42(4)). The Committee request the Government to provide detailed information on the measures taken to ensure that the special needs of women agricultural workers are taken into account with respect to breastfeeding and reproductive health.
Article 19. Welfare and accommodation facilities. The Committee notes the Government’s indication that part 4 of the Health and Safety at Work (General Workplace Conditions) Regulations 2003 deals with workplace amenities for: (i) facilities for personal belongings; (ii) facilities for dining; (iii) nursing and daycare facilities; (iv) washing facilities; (v) rest facilities; and (vi) sanitary conveniences. The Committee requests the Government to provide information on the minimum accommodation standards established for workers who are required by the nature of the work to live temporarily or permanently in the undertaking, in accordance with Article 19(b).

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The Committee notes the information provided by the Government in its report, in reply to its previous comment, concerning the effect given by the Hazardous Occupation Prohibited Children under 18 Years of Age Order 2013 to Article 16 of the Convention on the prohibition of hazardous work to workers under 18 years of age. The Committee invites the Government to continue to provide information on the implementation and effectiveness of the Order of 2013 in deterring the employment of young workers under 18 years of age from working in hazardous work in the agricultural sector.
Legislation and national policy. The Committee notes that, in reply to the Committee’s previous comment in which it requested information on the effect given to most of the Articles of the Convention, including Article 4 on the adoption of a national policy on occupational safety and health in agriculture, the Government indicates that the review of the Employment Relations Promulgation (ERP) 2007 is not yet completed and that as a consequence, the reform of the Fiji Work Care Authority is yet to formally commence. It adds that once adopted, the Work Care Decree will cover the national policy on occupational safety and health in agriculture. The Committee requests the Government to continue to provide information on progress achieved in the reform of the Fiji Work Care Authority, indicating specifically the manner in which effect is given to the following Articles:
  • -Article 4(1) on the adoption of a coherent national policy on occupational safety and health in agriculture;
  • -Article 4(2)(b) on specific rights and duties of employers and workers;
  • -Article 4(2)(c) on inter-sectoral coordination among relevant authorities and bodies for the agricultural sector;
  • -Article 4(3) on corrective measures and appropriate penalties;
  • -Article 5 on inspection services in agriculture;
  • -Article 6 on employers’ obligations in agriculture;
  • -Article 7 on risk assessments and adoption of preventive and protective measures including risk assessment and provision of instructions;
  • -Article 8 on workers’ rights in agriculture;
  • -Article 9 on machine safety and ergonomics;
  • -Article 10 on the use of agricultural machinery and equipment only for work for which they are designed;
  • -Article 13 on preventive and protective measures in agriculture for the use of chemicals and handling of chemical waste;
  • -Article 15 on agricultural installations;
  • -Article 17 on temporary and seasonal workers;
  • -Article 18 on female workers; and
  • -Article 19 on welfare and accommodation facilities.
It also requests the Government to describe the practical measures adopted in the meantime with a view to implementing the abovementioned Articles of the Convention.
Article 12. Sound management of chemicals. The Committee notes that, in reply to its previous request, the Government indicates that the Health and Safety at Work (Control of Hazardous Substances) Regulations, 2006, provides for the setting-up of the Fiji Chemical Inventory (FCI). Once established, the FCI will contain an inventory of all chemical agents, including pesticides, that may be imported into or manufactured in Fiji, based on an assessment report which will include the following information: effects on safety and health and the environment; packaging, storage, handling and use; measures to be taken in case of emergency; and waste disposal. The Government adds that at the moment, employers must make a notification every year to the Chief Health and Safety Inspector if they use industrial chemicals and that the National Occupational Health and Safety Service (NOHSS), which is in charge of the registration process, has the power to prohibit or restrict the import or export of chemicals. With regard to the review of the Pesticide Act 1971, the Government indicates that the bill will serve as the legal basis for the control over distribution, use, storage and disposal of pesticides in the country. The Government also indicates that under the Act, a notice of banned agricultural chemicals was issued on 3 February 1995. The Committee requests the Government to continue to provide information on progress made towards the establishment of the FCI and the review of the Pesticide Act 1971, indicating specifically the manner in which the requirements of Article 12 of the Convention are taken into account.
Application in practice. While taking note of the statistics provided by the Government under the Occupational Safety and Health Convention, 1981 (No. 155), the Committee notes that this information is not specific to the agricultural sector. Therefore, the Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in practice, and to provide specific information on the number of workers covered by the relevant legislation; labour inspection activities carried out in the agricultural sector, including inspection visits conducted, infringements identified and sanctions imposed; and statistics on the number, nature and cause of work-related accidents and cases of occupational disease reported in the agricultural sector.

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Article 1 of the Convention. Scope. Relevant legislation. The Committee notes that in its report the Government indicates that the relevant legislation giving effect to the present Convention includes the general occupational safety and health (OSH) legislation applicable in the country including the Factories Act (Cap. 99) (Act No. 56 of 1971, the Health and Safety at Work Act, 1996 (HSWA), and regulations adopted under HSWA one of which specifically relates to agriculture and agricultural workplaces. In the context of the application of Article 1, the Government indicates that this legislation includes all agricultural undertakings and all categories of workers in agriculture and that the Government appears to rely on the provisions in the HSWA stated to apply to all workplaces in all branches of economic activity in Fiji, and that section 5 of the HSWA defines the term workplace, as “any place, whether or not in a building or structure, where workers work”. Notwithstanding the above, the Committee notes: that no or insufficiently specific information has been provided as regards the application in agriculture of Article 4(1) (Adoption of a coherent national policy on safety and health in agriculture); Article 4(2)(b) (Specific rights and duties of employers and workers with respect to occupational safety and health in agriculture); Article 4 (2)(c) (Inter-sectoral coordination among relevant authorities and bodies for the agricultural sector since 2007); and that the report is silent as regards the specific application in the agricultural sector of the obligations of most of the Articles of the Convention including, in particular, Article 4(3). Corrective measures and appropriate penalties; Article 5. Inspection services in agriculture; Article 6. Employers’ obligations in agriculture; Article 7. Risk assessments and adoption of preventive and protective measures including risk assessment and provision of instructions; Article 8. Workers’ rights in agriculture; Article 9. Machine safety and ergonomics; Article 10. Use of agricultural machinery and equipment only for work for which they are designed; Article 13. Preventive and protective measures in agriculture for the use of chemicals and handling of chemical waste; Article 15. Agricultural installations; Article 17. Temporary and seasonal workers; Article 18. Woman workers; and Article 19. Welfare and accommodation facilities. With reference to the terms of the Convention the Committee requests the Government to provide further information on the effect given, in law and in practice, to the precise terms of the Convention referenced above to ensure an effective application of the Convention in the country.
In addition the Committee has the following comments:
Article 12. Sound management of chemicals. The Committee notes the reference made by the Government to the HSWA, the Pesticide Act, 1971 and to the Health and Safety at Work (Control of Hazardous Substance) Regulations, 2006, the Health and Safety at Work (General Workplace Conditions) Regulations 2003 and the Environment Management (Waste Disposal and Recycling) Regulations 2007, and that under the HSWA, the term chemical expressly is stated to include pesticides. The Committee also notes the information that the Pesticide Act 1971 is currently under review. While the Government describes in detail the substance of the abovementioned provisions, the Committee notes that no reference is made to their applicability in practice and to chemicals and pesticides used in the agricultural sector. The Committee requests the Government to provide further details on the application in practice of this provision of the Convention in agriculture and, in particular, whether there have been cases of prohibition and restriction of the import, export, manufacture, use or disposal of chemicals or pesticides used in agriculture. The Committee also requests the Government to provide further information on the progress of the review of the Pesticide Act and that this review be conducted with due account taken of the relevant provisions of the present Convention.
Article 16. Young workers and hazardous work. The Committee notes the information that the minimum age for the employment of children is fixed at 15. The Committee notes the Government reference to section 90 of the Employment Relations Promulgation Act, which prohibits work which, by its nature or the circumstances in which it is carried out, it is likely to harm the health and safety or morals of children and to section 91 which list three specific forms of child labour which are prohibited. The Committee also notes the information that the Government is considering expanding the list of hazardous workplaces or of employment which are likely to harm the health and safety or moral of children, but that the Government does not provide any further details regarding the relevance of these discussions for the application of the present Article of the Convention. The Government is requested to provide further information on measures taken, in law and in practice to give effect to this provision of the Convention, including, in particular, information on progress made in the adoption of an expanded list of forms of child labour which is prohibited.
Part IV of the report form. Court decisions. The Committee notes the Government reference to a farmer’s complaint concerning poor living and working conditions filed before the OSH Inspection Services and OSH Field Operations Unit. The Committee further notes that this complaint was supposed to be settled before the Employment Relations Tribunal on the 4th June 2010. The Committee requests the Government to provide details on the decision taken by the Court and on the other rulings dealing with the subjects covered by the Convention.
Part V of the report form. Application in practice. Article 5. Adequate and appropriate system of inspection for agricultural workplaces. The Committee notes that, in this respect the Government refers to Part VII of the HSWA, and that inspection services are provided by the Health and Safety Inspectorate of the National Occupational Health and Safety Service of the Ministry of Labour, Industrial Relations and Employment. The Committee also notes the statistics provided demonstrating an overall general decrease of recorded occupational injuries since 2002, but that no details have been provided regarding the developments in the agricultural sector. The Committee requests the Government to provide specific statistical data on occupational injuries and accidents occurring in the agriculture sector, also in relation to the use of chemicals, and to give detailed information on labour inspections carried out in the agricultural sector, including the results ascertained by the labour inspection services. The Committee also requests the Government to provide specific information on labour inspections carried out and ensuring the application of the Convention to young workers, temporary and seasonal workers, particularly, in small agricultural enterprises.
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