Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes with interest the information supplied in the Government's report in response to its previous comments, particularly as concerns Articles 5(e), 11(b), 12(a), (b) and (c), 14 and 21 of the Convention. The Government is requested to furnish additional information, in its next report, on the following points:

Articles 13 and 19(f). In its previous comments, the Committee noted that section 51(VII) of the Federal Labour Act provided that an employee may terminate his or her employment without any liability if his or her safety or welfare is seriously endangered. It also noted, however, that section 135(VII) of the Act prohibited an employee from ceasing work without the employer's permission. In its report for the period ending 30 June 1988, the Government indicated that section 47 of the Act can be interpreted to permit workers to disobey their employer when they have sufficient reason and, therefore, when there is a justifiable reason for a worker to interrupt his or her work due to an imminent or serious danger to his or her health or life, the worker may do so without previous authorization from the employer. The Committee would recall that this Article of the Convention provides that workers shall be protected from any undue consequences if he or she removes himself or herself from a work situation which he or she has reasonable justification to believe presents an imminent and serious danger to his or her life or health. The Government is again requested to provide information on any legal precedents, administrative circulars or additional doctrinal interpretations which would help to ensure and clarify a worker's right to remove herself or himself from such situations.

Article 17. The Committee notes the indication in the Government's latest report that, while there is no legal provision ensuring that employers collaborate in occupational safety and health matters when undertaking activities simultaneously at the same workplace, each employer is responsible for complying with the safety and health obligations. The Committee would recall that this Article specifically provides that collaboration in applying the requirements of this Convention occur between undertakings engaged in activities simultaneously at one workplace. The assurance of such collaboration is particularly important in certain sectors, such as construction, where coordination in the occupational safety and health measures taken at the workplace is essential. The Government is requested to indicate the progress made in ensuring that in such instances, employers do collaborate on occupational safety and health matters.