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Repetition The Committee notes the information provided in the Government’s latest report, including a copy of the occupational health profile. The Government indicates that amendments to national legislation, referred to in its previous reports, have not yet been adopted. Further to its comments to the Government under the Safety and Health in Construction Convention, 1988 (No. 167), the Committee asks the Government to indicate the specific provisions that give effect to Article 11(d) of the Convention on the holding of inquires; Articles 13 and 19(f) on protection of workers removed from situations presenting imminent and serious danger; Article 14 on occupational safety and health at all levels of education; Article 17 on cooperation between two or more employers at the same workplace; and Article 19(c) and (e) on the role and functions of workers’ representatives at the level of the undertaking.Articles 1 and 2 of the Convention. Scope of application. Public employees. The Committee notes that the Government’s response has referred to some provisions in the Public Service Regulations, 2008, which address some of the aspects of health and safety for public employees. The Committee asks the Government to provide a copy of the Public Service Regulations, 2008 and to indicate whether national legislation ensures that all the measures of protection required under the Convention apply to public employees. Article 9(2). Adequate penalties for violations of the law. The Committee notes that the information provided by the Government listing the activities undertaken by occupational safety and health (OSH) inspectors covers the monitoring of OSH legislation but does not appear to provide for compliance with such legislation. The Committee further notes the information provided by the Government in its report on the Labour Inspection Convention, 1947 (No. 81). This information indicates that the revision of penalties undertaken as part of the review of the Labour Code has not been adopted and that the intention was to do so in 2010. The Committee asks the Government to provide information on the application of Article 9(2) of the Convention in law and in practice, and to provide examples of penalties imposed on employers who breach occupational safety and health legislation. Part V of the report form. Application in practice and labour inspection. The Committee notes the comprehensive information on labour inspection and application of the Convention in practice submitted by the Government, including statistical data on the number of workplace accidents, disaggregated by gender, sector and type of accident. The Committee notes that the Government has indicated that there is a lack of recording and reporting of injuries and fatalities occurring in the workplace and that only serious injuries are being reported. The Committee further notes the high number of workplace accidents (36.8 per cent), and the significant occurrence of musculoskeletal, skin and respiratory disorders, in the textile industry. The Committee asks the Government to provide information on measures taken or envisaged to improve the collection of statistical data related to occupational accidents and diseases and to address the high number of occupational accidents and diseases occurring in the textile industry.
The Committee notes the information provided in the Government’s latest report, including a copy of the occupational health profile. The Government indicates that amendments to national legislation, referred to in its previous reports, have not yet been adopted. Further to its comments to the Government under the Safety and Health in Construction Convention, 1988 (No. 167), the Committee asks the Government to indicate the specific provisions that give effect to Article 11(d) of the Convention on the holding of inquires; Articles 13 and 19(f) on protection of workers removed from situations presenting imminent and serious danger; Article 14 on occupational safety and health at all levels of education; Article 17 on cooperation between two or more employers at the same workplace; and Article 19(c) and (e) on the role and functions of workers’ representatives at the level of the undertaking.
Articles 1 and 2 of the Convention. Scope of application. Public employees. The Committee notes that the Government’s response has referred to some provisions in the Public Service Regulations, 2008, which address some of the aspects of health and safety for public employees. The Committee asks the Government to provide a copy of the Public Service Regulations, 2008 and to indicate whether national legislation ensures that all the measures of protection required under the Convention apply to public employees.
Article 9(2). Adequate penalties for violations of the law. The Committee notes that the information provided by the Government listing the activities undertaken by occupational safety and health (OSH) inspectors covers the monitoring of OSH legislation but does not appear to provide for compliance with such legislation. The Committee further notes the information provided by the Government in its report on the Labour Inspection Convention, 1947 (No. 81). This information indicates that the revision of penalties undertaken as part of the review of the Labour Code has not been adopted and that the intention is to do so in 2010. The Committee asks the Government to provide information on the application of Article 9(2) of the Convention in law and in practice, and to provide examples of penalties imposed on employers who breach occupational safety and health legislation.
Part V of the report form. Application in practice and labour inspection. The Committee notes the comprehensive information on labour inspection and application of the Convention in practice submitted by the Government, including statistical data on the number of workplace accidents, disaggregated by gender, sector and type of accident. The Committee notes that the Government has indicated that there is a lack of recording and reporting of injuries and fatalities occurring in the workplace and that only serious injuries are being reported. The Committee further notes the high number of workplace accidents (36.8 per cent), and the significant occurrence of musculoskeletal, skin and respiratory disorders, in the textile industry. The Committee asks the Government to provide information on measures taken or envisaged to improve the collection of statistical data related to occupational accidents and diseases and to address the high number of occupational accidents and diseases occurring in the textile industry.
Articles 1 and 2 of the Convention. Scope of application – public employees. The Committee notes the Government’s statement that while relevant national legislation does not currently address the safety and health of public employees in all aspects, this will be brought to the attention of the relevant authorities for appropriate action. The Committee requests that the Government report on measures taken in law and in practice to ensure that workers in the public sector are also covered under relevant national legislation.
Articles 4, 5 and 7. National policy. The Committee notes the Government’s statement that a draft national occupational safety and health profile is being developed in consultation with representatives of workers and employers as a preliminary step towards creating a national policy on occupational safety and health. The Committee welcomes this development and in this context invites the Government to seek guidance from paragraphs 53–78 of the 2009 General Survey on Occupational Safety and Health. The Committee hopes the Government will soon adopt a national policy, taking due account of the provisions of the Convention including Articles 4, 5 and 7, and requests the Government to submit a copy thereof once adopted.
Articles 13 and 19(f). Protection of workers removed from situations presenting imminent and serious danger. The Committee notes and welcomes the Government’s stated intention to regulate the subject matter covered in Articles 13 and 19(f) of the Convention. With reference to the information provided concerning section 94(d) of the draft amended Labour Code Order No. 24 of 1992, the Committee invites the Government to also seek guidance in this respect from the abovementioned General Survey. In particular, see paragraphs 73 and 145–152. The Committee hopes that the Government will soon take all relevant measures to ensure compliance, in law and in practice, with Articles 13 and 19(f) of the Convention and requests it to submit copies of relevant legislation once adopted.
Article 19(c) and (e). Role and functions of workers’ representatives at the level of the undertaking. The Committee welcomes the stated intention by the Government to regulate this subject matter in the draft amended Labour Code Order No. 24 of 1992. With reference to the information provided regarding section 93(e) of this draft, the Committee invites the Government to seek guidance on this from the abovementioned General Survey, in particular, see paragraphs 199 and 202–203. The Committee hopes that the Government will soon take all relevant measures to ensure compliance, in law and in practice, with Article 19(c) and (e) and requests it to submit copies of relevant legislation once adopted.
Article 8. National legislation. With reference to its previous comments, the Committee notes that the Government’s report is silent as to measures taken to ensure compliance with Article 11(d), holding of inquires; Article 14, occupational safety and health at all levels of education; and Article 17, cooperation between two or more employers at the same workplace. The Committee reiterates its request to the Government to provide information in its next report on the measures taken or envisaged to ensure compliance, in law and in practice, with these Articles of the Convention.
Part V of the report form. Application in practice. Article 9. Labour inspection. The Committee notes the detailed information regarding the national labour inspection system including information on its objectives, achievements and challenges. It also notes the statistical information provided regarding reported accidents and fatalities, and the industries in which such accidents occurred. While the data seem to indicate a marked increase in the number of reported accidents as of 2004, the Committee notes the Government’s explanation that this increase most probably reflects the results of campaigns to increase accident reporting carried out in 2003. The Committee welcomes the efforts to increase the efficiency of the reporting mechanisms. The Committee requests the Government to continue to provide information on the functioning of the labour inspection system and efforts to improve it; the campaigns referred to and their outcome; statistical data including information on occupational diseases; and information on measures taken to lower the number of occupational accidents and diseases in the country.
1. The Committee notes the information contained in the Government’s first report.
2. Articles 1 and 2 of the Convention. Scope of application. The Committee notes that section 92 of the Labour Code Order, 1992, provides that the occupational safety and health regulations (Part VII of the Order) is not applicable to mining activities that are covered by the Mine Safety Act, 1981. It also notes that under section 2(1) of the Labour Code Order it is only applicable to employment in the private sector. In this respect, it refers the Government to Articles 1, paragraph 1, and 3 of the Convention, which provide that the Convention covers all branches in which workers are employed, including the public service. The Committee requests the Government to provide information with its next report on the reasons for not including the public sector, whether consultations were held with representative organizations of employers and workers on this issue and on measures taken or envisaged to ensure adequate protection for workers in the public sector, in accordance with the Convention.
3. Articles 4, 5 and 7. National policy. The Committee notes that the National Advisory Council for Occupational Safety and Health (NACOSH), established under section 46 of the Labour Code Order, is the statutory tripartite body with the task of formulating, implementing and periodically reviewing the national policy. It notes with interest the Government’s statement that while it has not yet adopted any written national policy NACOSH has recently adopted, in consultation with employers’ and workers’ organizations, a recommendation to formulate a coherent national policy based on Conventions Nos. 155 and 167. The Committee hopes that the Government will soon be able to supply a copy of the national occupational safety and health policy giving effect to the Convention, taking into account the main spheres enumerated in Article 5. It also asks the Government to provide information with respect to the revision at appropriate intervals of the national policy, in accordance with Article 7.
4. Article 8. National legislation. The Committee notes the Government’s statement that while current national legislation does not ensure the full application of the Convention at present, the legal framework is being revised. The Committee welcomes this and hopes that the new legislation will ensure application of all aspects of the Convention, including in particular the provisions that it is ensured that workers have the right to leave their workplace or a danger zone when they have reasonable justification to believe presents an imminent and serious danger to her/his life without any undue consequences in accordance with Article 13, that employers cannot require workers to return to a work situation where there is continuing imminent and serious danger to life and health (Article 19, paragraph (f)) and that inquiries are held where cases of occupational accidents, diseases or any other injuries to health reflecting situations that are serious (Article 11, paragraph (d)). The Committee also hopes that it will be ensured that occupational safety and health issues are included at all levels of education and training (Article 14) and that employers carrying out work in the same workplace have a legal obligation to cooperate in order to apply the requirements of the Convention (Article 17). The Committee further hopes that arrangements will be made in the undertakings ensuring that workers are given adequate information by the employer (Article 19, paragraph (c)) and that workers or their representatives are able to inquire and are consulted by the employer on all aspects of OSH (Article 19, paragraph (e)). It requests the Government to provide information with its next report on the measures taken or envisaged to amend the existing legislation and to provide copies of proposed and/or enacted laws.
5. Article 9 and Part V of the report form. Labour inspection. The Committee notes the Government’s statement that enforcement of OSH laws and regulations is ensured by specialized occupational safety and health inspectors. It also notes that labour inspectors provide guidance to employers and workers, in accordance with Article 10. The Committee asks the Government to provide detailed information with its next report on activities carried out by the labour inspection to ensure the application of occupational safety and health and the working environment, including extracts from inspection reports, the number of workers covered by the legislation and the number and nature of contraventions reported. In this respect, the Committee notes that statistical information on occupational accidents, diseases and other injuries to health is published in the annual report of the Directorate of Occupational Safety and Health and asks the Government to provide a copy with its next report of the latest annual report.