Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes that the Government's report contains no reply to previous comments. It must therefore repeat its previous direct request, which read as follows:

The Committee notes the Government's indication in its latest report that no regulations have yet been issued in respect of this Convention. The Committee would recall that the obligations of this Convention in respect of air pollution were accepted and made applicable to Anguilla by declaration without modification dated 11 July 1980. It would draw the Government's attention to Article 4 of the Convention which provides that national laws or regulations shall prescribe that measures be taken for the prevention and control of, and protection against, occupational hazards in the working environment due to air pollution, and that provisions concerning the practical implementation of these measures may be adopted through technical standards, codes of practice, and other appropriate methods.

The Committee had noted in its previous comments that section 20(1) of Labour Ordinance No. 8 of 1966 provided that the Administrator in Council may make regulations generally for the proper carrying out of its provisions. The Committee further noted that, under section 5 of the Ordinance, the Labour Commissioner shall use his or her utmost endeavour to safeguard and promote the general welfare of workers in the colony and shall regularly supervise and review the conditions of the various forms of employment. The Committee hopes that the Government will take the necessary measures either by means of adopting regulations under section 20(1) of the Ordinance or by adopting other appropriate methods to ensure the protection of workers against hazards due to air pollution. In this regard, the Government could consider reviewing the United Kingdom Control of Substances Hazardous to Health Regulations of 1988 (amended in 1990) which set forth specific provisions concerning the protection of workers' health against hazards due to air pollution and, in particular, establish criteria for determining these hazards and fix exposure limits to a variety of substances, in accordance with Article 8. The Committee trusts that the Government will be in a position to indicate, in its next report, the measures taken or envisaged to ensure the application of this Convention.