Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. The Committee notes the information contained in the Government’s report. It notes with interest the adoption of the new Labour Regulations 2007 (L.I. 1833). It also notes the information provided by the Government giving effect to Articles 1, paragraph 1; 6, paragraph 1; 10; and 13 of the Convention. Noting references made thereto, the Committee requests the Government to provide copy of the new Labour Regulation 2007.

2. Article 4, paragraph 2, and Article 8, paragraph 1. Technical standards and establishing criteria for determining hazards. With reference to its previous comments, the Committee notes the Government’s statement that the process of technical standards on occupational hazards, including air pollution noise and vibration is ongoing, in collaboration with Ghana standards board. The Committee requests the Government to complete this work in the very near future and requests it to transmit copies of these technical standards once they have been adopted.

3. Article 5. Consultations. The Committee notes the information provided by the Government according to which inspectors of the Department of Factories Inspectorate provide technical information and advice to employers and workers at the enterprise level. However, the Committee wishes to reiterate that under the terms of Article 5 of the Convention, provision shall be made for collaboration at the enterprise level between employers and workers in the application of the measures prescribed in pursuance of the Convention. The Committee accordingly requests the Government to provide detailed information in its next report on the measures taken to ensure that employers and workers at the enterprise level collaborate in the application of the measures prescribed in pursuance of the Convention.  

4. Article 11, paragraphs 1 and 3. Medical examinations and alternative employment. The Committee notes the Government’s statement that prospective employees in both public and private sectors are required to undergo medical examination at the employees’ own cost. In this regard, section 19(1) and (2) of the abovementioned Labour Regulation 2007 states that “An employer shall not permanently engage an employee in any work unless a recognize medical practitioner certifies at pre-medical examination that the employee is in a good health and is medical fit for the work assigned to the employee.” Subparagraph 2 provides that “an employee who works in hazardous situation such as contact with fumes and gaseous substances shall undergo a periodic medical examination once in a year”. Against this background, the Committee recalls that medical examination shall be free of cost to the worker concerned. Furthermore, the Committee notes that the report is silent on the question of the transfer of workers exposed to air pollution or noise and also on the question of measures taken to ensure that workers transferred are able to maintain their income. It requests, accordingly, the Government to provide further information on how effect is given to the obligation to make every effort, in accordance with national law and practice, to provide suitable alternative employment for workers required to discontinue work involving exposure to air pollution or noise and to ensure that workers required to discontinue work are able to maintain their income.

5. Article 12. Notification to competent authority. With reference to its previous comments, the Committee notes that the Government refers to sections 18(1) and (2) of the newly adopted Labour Regulations 2007 (copy of which is not available). This provision provides for notification to the Chief Labour Officer or to the Inspector of Factories any occupational accident, disease or death which occurs during the course of the employment of the employee. However, this Article of the Convention provides for notification to the competent authority the exposure of workers to occupational hazards in the working environment due to pollution, noise or vibration. The Committee, accordingly, requests the Government to provide information on whether regulations respecting air pollution, noise and vibration in the working environment have been adopted or are envisaged. It also asks the Government to provide detailed information on measures taken or envisaged to ensure that any exposure of workers to occupational hazards in the working environment due to air pollution, noise or vibration are notified to the competent authority, in accordance with Article 12 of the Convention.

6. Article 16 and Part IV of the report form. Labour inspection. With reference to its previous comments, the Committee notes that the Government remains silent on this point. The Committee reiterates its request to the Government to provide detailed information on duties and powers of labour inspectors, extracts from labour inspection services reports, statistical information on the number of workers covered by the legislation, the number and nature of contraventions reported, as well as any other information allowing the Committee to assess more accurately how the Convention is applied in practice in the country.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes the information contained in the Government’s report and the attached legislation. It notes with interest the adoption of the Labour Code, 2003 (Act No. 651 of 8 October 2003), including, in particular, its articles 118-121 concerning occupational health, safety and the environment.

2. Article 1, paragraph 1, of the Convention. Scope of application. The Committee notes that section 1 of the Labour Act provides that it applies to workers in all branches of activities, in accordance with the Convention. It further notes that section 176 provides that when any previously existing legal enactment is inconsistent with the Act, the provision of the Labour Act shall prevail. Having noted previously that the definition of “factory” in the Factories, Offices and Shops Act, 1970, provided a limitation of the application of certain branches, such as mining activities, and noting the Government’s statement that the Factories, Offices and Shops Act is still applicable for the application of the Convention, the Committee requests the Government to clarify whether the Labour Code, 2003, has the effect that the Factories, Office and Shops Act now also apply to all branches of economic activities, in accordance with Article 1(1) of the Convention or in the alternative, whether any other action has been taken to bring the excluded sectors within the ambit of relevant national legislation such as following up on the recommendation of the National Advisory Committee on Labour to ratify the Occupational Safety and Health Convention, 1981 (No. 155).

3. Article 4, paragraph 2, and Article 8, paragraph 1. Technical standards and establishing criteria for determining hazards. The Committee notes the Government’s statement that at present industrial hygiene surveys are carried out to assess exposure limits at the workplace and that noise level meters and casella dust samples are used for assessing noise and air pollution levels, respectively. Against the background of comments it has made on the application of these Articles of the Convention, the Committee notes that the Government now indicates that technical standards on occupational hazards, including air pollution, noise and vibration, are being developed in collaboration between the relevant department and the Ghana Standards Board. The Committee welcomes the information that technical standards are being developed, and urges the Government, in that process, to establish criteria for determining the hazards of exposure to air pollution, noise and vibration in the working environment, taking into account the opinion of a technically competent person that has been appointed for this purpose by the employer and workers concerned, and establish such criteria in the light of international knowledge and data. The Committee invites the Government to complete this work at its earliest convenience, and requests it to transmit copies of these technical standards once they have been adopted. 

4. Article 5. Consultations. The Committee notes the Government’s statement that the National Advisory Committee on Labour, a tripartite body, meets on a regular basis. However, the Committee feels obliged to once again recall that, under the terms of Article 5 of the Convention, provision shall be made for collaboration at the enterprise level between employers and workers in the application of the measures prescribed in pursuance of the Convention. The Committee requests the Government to provide detailed information in its next report on the measures taken to ensure that employers and workers at the enterprise level collaborate in the application of the measures prescribed in pursuance of the Convention.

5. Article 6, paragraph 1. Employer’s obligations to comply with prescribed measures. The Committee notes that in its report the Government only makes reference to the Factories, Offices and Shops Act, 1970, which, in sections 15, 23(1) and 26, contain prescriptions on measures to be taken with respect to noise, air pollution and vibration. It further notes that the provisions in the Factories Act do not specify whose responsibility it is to comply with these prescriptions. The Committee notes, however, with interest, that the new Labour Act contains several provisions that appear to be particularly relevant in this context. These include sections 9, 118(1), 118(2)(h) and 118(2)(d), as well as section 118(5), prescribing sanctions for non-compliance. The Committee notes that the new legislation does not contain any provisions to govern the situation when two or more employers undertake activities simultaneously at one workplace. The Committee requests the Government to provide additional information on how the referenced provisions of the Labour Code 2003 are applied in practice, and reiterates its previous request to the Government to indicate in its next report the measures taken to ensure the required collaboration between one or two employers simultaneously undertaking activities in one workplace with respect to preventive measures to air pollution, noise and vibration at the workplace.

6. Article 10. Personal protective equipment. The Committee notes that section 118(2)(e) of the Labour Act and section 25 of the Factories, Offices and Shops Act, 1970, prescribe that employers shall provide workers with personal protective equipment and shall instruct the workers of the use of the appliances or equipment. The Committee requests the Government to provide further information on which types of protective equipment are provided by employers to their workers to protect them from air pollution, noise and vibration in the working environment, and whether these include respiratory protective equipment of all types, ear muffs/plugs and vibration damping materials.

7. Article 11. Medical examinations. The Committee notes that, under section 29 of the Factories, Offices and Shops Act, 1970, the Minister may, in a written notice, require that medical examinations be undertaken. The Committee feels obliged to highlight that, pursuant to Article 11 of the Convention, it is up to the competent person appointed by the employer to determine which particular medical examinations are to be conducted and to which workers/groups of workers this shall apply, including pre-medical examinations and thereafter with certain periodicity. In addition, medical examinations shall be free of costs to the worker concerned. The Committee requests the Government to provide further information on the practical application of this Article of the Convention and how it is ensured that workers are provided with both pre-assignment medical examinations as well as examinations at periodic intervals thereafter at no cost to the workers concerned. 

8. Article 12. Notification to competent authority. The Committee notes that the Government’s reference to section 30(1)(d) and (e) of the Factories, Offices and Shops Act, 1970 ensures that the Minister may adopt further regulations with respect to air pollution, noise and vibration in the workplace and that, according to sections 121 and 174 of the Labour Act, the Ministry should adopt regulations providing special measures to be taken by employers to safeguard the health and safety of workers. The Committee requests the Government to provide information on whether regulations respecting air pollution, noise and vibration in the working environment have been adopted or are envisaged. It also asks the Government to provide detailed information in its next report on measures taken or envisaged to ensure that any exposure of workers to occupational hazards in the working environment due to air pollution, noise or vibration are notified to the competent authority, in accordance with Article 12 of the Convention.

9. Article 13. Providing workers with information and instructions. The Committee notes that sections 9(c) and (g) and 118(2)(c) of the Labour Act require the employers to inform and instruct their workers. The Committee requests the Government to provide detailed information with its next report on how these provisions are applied in practice.

10. Article 16 and Part IV of the report form. Labour inspection. The Committee notes that sections 122-126 of the Labour Act and sections 73-77 of the Factories, Offices and Shops Act provide for rules applicable to labour inspection. The Committee requests the Government to provide detailed information on duties and powers of labour inspectors, extracts from labour inspection services reports, statistical information on the number of workers covered by the legislation, the number and nature of contraventions reported, as well as any other information allowing the Committee to assess more accurately how the Convention is applied in practice in the country.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the Government’s report and the replies to its previous comments.

Article 1, paragraph 1, of the Convention. The Committee notes that section 83(10) of the Factories, Offices and Shops Act, 1970, provides that the definition of a "factory" shall not apply to any building operations undertaken below ground in a mine, to any works of engineering construction undertaken at a mine, or to premises of a mine in which the only activity carried on is ancillary to the getting, dressing or preparation for sale of minerals. The Government is requested to indicate the manner in which the Convention is applied to these activities and to provide a copy of the Factories Regulations, 1970, to which it refers in its report.

Article 1, paragraphs 2 and 3. The Committee recalls that in its first report the Government indicated that, due to the absence of legislation respecting agriculture and forestry, and after consultation with the representative organizations of employers and workers concerned, these branches of economic activity had been excluded from the application of the Convention. The Committee is therefore bound to reiterate its previous request to the Government to indicate in future reports the position of its law and practice, with an indication of the extent to which effect has been given or is proposed to be given to the Convention in respect of these branches, in accordance with paragraph 3 of this Article. The Committee notes that the National Advisory Committee on Labour recommended that the Government ratify the Occupational Safety and Health Convention, 1981 (No. 155), so that these sectors are covered by occupational health practices. The Committee requests the Government to continue providing information to the International Labour Office on the outcome of this initiative.

Article 4, paragraph 2, and Article 8, paragraph 1. The Committee notes that the technical standards proposed by the American Conference of Government Industrial Hygienists (ACGIH), to which the Government refers in its report, consist of threshold limit values (TLVs) established within the context of the ACGIH with regard to noise, heat stress, chemical hazards related to dust, gases and fumes, and vibration. The Committee requests the Government to indicate the means by which it gives effect to these standards in law and practice. The Committee notes that the Government’s last report no longer refers to the technical standards proposed by the International Organization for Standardization (ISO), which it had previously indicated that it used for the practical implementation of the measures prescribed and for the establishment of criteria for determining hazards of exposure to air pollution, noise and vibration and the exposure limits to these hazards. The Committee requests the Government to indicate in its next report whether it still avails itself of the technical standards of the International Organization for Standardization (ISO) and, if so, to specify which standards.

Article 5, paragraphs 3 and 4. The Committee notes the Government’s reference to a proposed amendment to the Factories, Offices and Shops Act, 1970, to give effect to this Article of the Convention. In the absence of this amendment, the Committee wishes to remind the Government that, under the terms of this Article of the Convention, provision shall be made for collaboration at the enterprise level between employers and workers in the application of the measures prescribed in pursuance of the Convention and that representatives of the employer and of the workers must be guaranteed the opportunity to accompany inspectors during their inspections, unless the inspectors consider, in the light of the general instructions of the competent authority, that this may be prejudicial to the performance of their duties. The Committee hopes that the draft text prepared by the Government will contain provisions giving effect to Article 5 and requests the Government to keep the International Labour Office informed of the progress made in relation to the proposed amendment and on any other measure that has been taken or is envisaged to give effect to this provision.

Article 6, paragraph 1. The Government once again states in its report that the technical implementation of the measures prescribed in pursuance of the Convention is based upon the technical standards of the ACGIH. The Committee requests the Government to indicate the measures taken to ensure that employers are made responsible for compliance with these technical standards. The Committee notes the power conferred upon inspectors by section 52 of the Factories, Offices and Shops Act, 1970, to complain to a court in the cases set out in this provision. The Committee requests the Government to indicate the manner in which this provision ensures that employers are made responsible for compliance with the above technical standards.

Article 6, paragraph 2. The Committee notes the Government’s indication that the draft amendment to the Factories, Offices and Shops Act, 1970, would be reviewed to make provision for the application of Article 6, paragraph 2. It requests the Government to keep the International Labour Office informed of the progress of this draft text and to supply a copy of the Act, as amended, with its next report. In the meantime, the Committee recalls that it noted the Government’s indication in its first report that the fact that employers are jointly responsible for the observance of any provisions for the prevention and control of, and protection against hazards due to air pollution, noise and vibration, ensures their collaboration in this respect. The Committee had requested the Government, and renews its request, to indicate any measures taken or envisaged to ensure a more active collaboration between two or more employers undertaking activities simultaneously at one workplace and to give particulars of any general procedures which may be prescribed for such collaboration.

Article 7, paragraphs 1 and 2. The Committee notes from the Government’s report that clause 31 of the draft amendment to the Factories, Offices and Shops Act, 1970, gives effect to this Article of the Convention. The Government states that clause 28 of this draft amendment provides for the establishment of safety committees for the purpose of promoting cooperation between employees and employers in achieving and maintaining safe and healthy working conditions. The involvement of workers in the management of their working environment allows them to make proposals and suggestions to improve occupational safety measures. In this respect, clause 31 of the draft amendment to the 1970 Act gives workers the right to remove themselves from imminent danger and to inform their supervisor about the hazard to ensure that remedial measures are instituted to safeguard health and safety. The Committee hopes that this draft text will be adopted and requests the Government to provide a copy of the Act, as amended.

Article 8, paragraphs 1 and 2. The Committee notes that the National Advisory Committee on Labour is consulted on all matters relating to labour and that the opinion of technically competent representatives is taken into account during the discussions on technical standards relating to air pollution, noise and vibration. The Committee requests the Government to indicate the procedures for establishing criteria for the determination of hazards of exposure to air pollution, noise and vibration in the working environment and, where appropriate, the exposure limits specified on the basis of these criteria. Furthermore, it requests the Government to indicate the procedures by which the opinion of technically competent persons designated by employers’ and workers’ organizations is taken into account. Furthermore, the Committee requests the Government to indicate the methods envisaged for determining whether the exposure limits specified under Article 8 are exceeded.

Article 9. The Committee notes that, according to the Government, section 3 of the Factories, Offices and Shops Act, 1970, requires any person intending to use premises as a factory to apply for registration of the premises. Furthermore, the Government states that the application envisaged under section 3 must be made on a prescribed form. This includes particulars of the nature of the work, the manufacturing process, and the plant and equipment to be used in the manufacturing process. Section 4 of the Act provides for a system of prior approval of building plans for premises intended to be used as factories, including particulars of the nature of the work or manufacturing process intended to be used. In both cases, these particulars form the basis for decisions to approve the suitability of the plans, plant, equipment and processes and for ensuring that they do not pose risks to the health of workers arising from air pollution, noise and vibration. In view of the above, the Committee once again requests the Government to indicate the technical measures applied to new plant or processes in their design or installation, or added to existing plant or processes, as well as the supplementary organizational measures intended to ensure the protection of workers against hazards arising from air pollution, noise and vibration. The Committee also notes that clause 13 of the draft amendment to the Factories, Offices and Shops Act, 1970, seeks to impose duties on manufacturers, importers, sellers and hirers of machines or equipment to safeguard their dangerous parts, and also imposes duties on those who erect or install machines in Ghana so that they do so without causing any risk to the health, and in particular any hazards arising from air pollution, noise and vibration. The Committee requests the Government to provide a copy of the above draft amendment and, in due time, to supply a copy of the Act, as amended.

Article 10. The Committee notes that, according to the Government, the draft amendment seeks to provide, in clause 9(3), that where it is not reasonably practicable to reduce noise below the limits prescribed, suitable ear protectors shall be provided for the use of the persons employed. The Committee requests the Government to indicate the specific provisions which require that persons exposed to excessive air pollution, noise and vibration, unless reduced as far as practicable to safe levels, are provided with respiratory protective equipment of all types, ear muffs/plugs, and vibration damping materials, as indicated in the Government report.

Article 15. The Committee notes that, according to the Government, the provisions of clause 29 of the draft amendment to the Factories, Offices and Shops Act, 1970, introduces a section requiring the appointment of a health and safety officer in all factories employing a specified number of persons for the purpose of supervising compliance with the provisions of the Act, thereby preventing health hazards arising from exposure to air pollution, noise and vibrations. The Committee requests the Government to provide a copy of the proposed clause, with an indication of: (a) the number of persons employed above which such an officer must be present in the enterprise; (b) the extent to which this obligation is vested in the employer; (c) the circumstances in which employers employing fewer persons than the number set out in clause 29 of the proposed amendment will be required to appoint a competent person or use a competent outside service to deal with the matters referred to in this Article; and (d) the qualifications required to become a health and safety officer.

Article 16 and Part IV of the report form. The Committee notes the information provided by the Government in its report concerning the duties and powers of the inspection services. It requests the Government to provide information in future reports on the manner in which the Convention is applied including, for instance, extracts from the reports of the inspection services and, if such statistics are available, information on the number of workers covered by the relevant legislation and other measures, the number and nature of contraventions reported, etc.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s report and the replies to its previous comments.

Article 1, paragraph 1, of the Convention. The Committee notes that section 83(10) of the Factories, Offices and Shops Act, 1970, provides that the definition of a "factory" shall not apply to any building operations undertaken below ground in a mine, to any works of engineering construction undertaken at a mine, or to premises of a mine in which the only activity carried on is ancillary to the getting, dressing or preparation for sale of minerals. The Government is requested to indicate the manner in which the Convention is applied to these activities and to provide a copy of the Factories Regulations, 1970, to which it refers in its report.

Article 1, paragraphs 2 and 3. The Committee recalls that in its first report the Government indicated that, due to the absence of legislation respecting agriculture and forestry, and after consultation with the representative organizations of employers and workers concerned, these branches of economic activity had been excluded from the application of the Convention. The Committee is therefore bound to reiterate its previous request to the Government to indicate in future reports the position of its law and practice, with an indication of the extent to which effect has been given or is proposed to be given to the Convention in respect of these branches, in accordance with paragraph 3 of this Article. The Committee notes that the National Advisory Committee on Labour recommended that the Government ratify the Occupational Safety and Health Convention, 1981 (No. 155), so that these sectors are covered by occupational health practices. The Committee requests the Government to continue providing information to the International Labour Office on the outcome of this initiative.

Article 4, paragraph 2, and Article 8, paragraph 1. The Committee notes that the technical standards proposed by the American Conference of Government Industrial Hygienists (ACGIH), to which the Government refers in its report, consist of threshold limit values (TLVs) established within the context of the ACGIH with regard to noise, heat stress, chemical hazards related to dust, gases and fumes, and vibration. The Committee requests the Government to indicate the means by which it gives effect to these standards in law and practice. The Committee notes that the Government’s last report no longer refers to the technical standards proposed by the International Organization for Standardization (ISO), which it had previously indicated that it used for the practical implementation of the measures prescribed and for the establishment of criteria for determining hazards of exposure to air pollution, noise and vibration and the exposure limits to these hazards. The Committee requests the Government to indicate in its next report whether it still avails itself of the technical standards of the International Organization for Standardization (ISO) and, if so, to specify which standards.

Article 5, paragraphs 3 and 4. The Committee notes the Government’s reference to a proposed amendment to the Factories, Offices and Shops Act, 1970, to give effect to this Article of the Convention. In the absence of this amendment, the Committee wishes to remind the Government that, under the terms of this Article of the Convention, provision shall be made for collaboration at the enterprise level between employers and workers in the application of the measures prescribed in pursuance of the Convention and that representatives of the employer and of the workers must be guaranteed the opportunity to accompany inspectors during their inspections, unless the inspectors consider, in the light of the general instructions of the competent authority, that this may be prejudicial to the performance of their duties. The Committee hopes that the draft text prepared by the Government will contain provisions giving effect to Article 5 and requests the Government to keep the International Labour Office informed of the progress made in relation to the proposed amendment and on any other measure that has been taken or is envisaged to give effect to this provision.

Article 6, paragraph 1. The Government once again states in its report that the technical implementation of the measures prescribed in pursuance of the Convention is based upon the technical standards of the ACGIH. The Committee requests the Government to indicate the measures taken to ensure that employers are made responsible for compliance with these technical standards. The Committee notes the power conferred upon inspectors by section 52 of the Factories, Offices and Shops Act, 1970, to complain to a court in the cases set out in this provision. The Committee requests the Government to indicate the manner in which this provision ensures that employers are made responsible for compliance with the above technical standards.

Article 6, paragraph 2. The Committee notes the Government’s indication that the draft amendment to the Factories, Offices and Shops Act, 1970, would be reviewed to make provision for the application of Article 6, paragraph 2. It requests the Government to keep the International Labour Office informed of the progress of this draft text and to supply a copy of the Act, as amended, with its next report. In the meantime, the Committee recalls that it noted the Government’s indication in its first report that the fact that employers are jointly responsible for the observance of any provisions for the prevention and control of, and protection against hazards due to air pollution, noise and vibration, ensures their collaboration in this respect. The Committee had requested the Government, and renews its request, to indicate any measures taken or envisaged to ensure a more active collaboration between two or more employers undertaking activities simultaneously at one workplace and to give particulars of any general procedures which may be prescribed for such collaboration.

Article 7, paragraphs 1 and 2. The Committee notes from the Government’s report that clause 31 of the draft amendment to the Factories, Offices and Shops Act, 1970, gives effect to this Article of the Convention. The Government states that clause 28 of this draft amendment provides for the establishment of safety committees for the purpose of promoting cooperation between employees and employers in achieving and maintaining safe and healthy working conditions. The involvement of workers in the management of their working environment allows them to make proposals and suggestions to improve occupational safety measures. In this respect, clause 31 of the draft amendment to the 1970 Act gives workers the right to remove themselves from imminent danger and to inform their supervisor about the hazard to ensure that remedial measures are instituted to safeguard health and safety. The Committee hopes that this draft text will be adopted and requests the Government to provide a copy of the Act, as amended.

Article 8, paragraphs 1 and 2. The Committee notes that the National Advisory Committee on Labour is consulted on all matters relating to labour and that the opinion of technically competent representatives is taken into account during the discussions on technical standards relating to air pollution, noise and vibration. The Committee requests the Government to indicate the procedures for establishing criteria for the determination of hazards of exposure to air pollution, noise and vibration in the working environment and, where appropriate, the exposure limits specified on the basis of these criteria. Furthermore, it requests the Government to indicate the procedures by which the opinion of technically competent persons designated by employers’ and workers’ organizations is taken into account. Furthermore, the Committee requests the Government to indicate the methods envisaged for determining whether the exposure limits specified under Article 8 are exceeded.

Article 9. The Committee notes that, according to the Government, section 3 of the Factories, Offices and Shops Act, 1970, requires any person intending to use premises as a factory to apply for registration of the premises. Furthermore, the Government states that the application envisaged under section 3 must be made on a prescribed form. This includes particulars of the nature of the work, the manufacturing process, and the plant and equipment to be used in the manufacturing process. Section 4 of the Act provides for a system of prior approval of building plans for premises intended to be used as factories, including particulars of the nature of the work or manufacturing process intended to be used. In both cases, these particulars form the basis for decisions to approve the suitability of the plans, plant, equipment and processes and for ensuring that they do not pose risks to the health of workers arising from air pollution, noise and vibration. In view of the above, the Committee once again requests the Government to indicate the technical measures applied to new plant or processes in their design or installation, or added to existing plant or processes, as well as the supplementary organizational measures intended to ensure the protection of workers against hazards arising from air pollution, noise and vibration. The Committee also notes that clause 13 of the draft amendment to the Factories, Offices and Shops Act, 1970, seeks to impose duties on manufacturers, importers, sellers and hirers of machines or equipment to safeguard their dangerous parts, and also imposes duties on those who erect or install machines in Ghana so that they do so without causing any risk to the health, and in particular any hazards arising from air pollution, noise and vibration. The Committee requests the Government to provide a copy of the above draft amendment and, in due time, to supply a copy of the Act, as amended.

Article 10. The Committee notes that, according to the Government, the draft amendment seeks to provide, in clause 9(3), that where it is not reasonably practicable to reduce noise below the limits prescribed, suitable ear protectors shall be provided for the use of the persons employed. The Committee requests the Government to indicate the specific provisions which require that persons exposed to excessive air pollution, noise and vibration, unless reduced as far as practicable to safe levels, are provided with respiratory protective equipment of all types, ear muffs/plugs, and vibration damping materials, as indicated in the Government report.

Article 15. The Committee notes that, according to the Government, the provisions of clause 29 of the draft amendment to the Factories, Offices and Shops Act, 1970, introduces a section requiring the appointment of a health and safety officer in all factories employing a specified number of persons for the purpose of supervising compliance with the provisions of the Act, thereby preventing health hazards arising from exposure to air pollution, noise and vibrations. The Committee requests the Government to provide a copy of the proposed clause, with an indication of: (a) the number of persons employed above which such an officer must be present in the enterprise; (b) the extent to which this obligation is vested in the employer; (c) the circumstances in which employers employing fewer persons than the number set out in clause 29 of the proposed amendment will be required to appoint a competent person or use a competent outside service to deal with the matters referred to in this Article; and (d) the qualifications required to become a health and safety officer.

Article 16 and Part IV of the report form. The Committee notes the information provided by the Government in its report concerning the duties and powers of the inspection services. It requests the Government to provide information in future reports on the manner in which the Convention is applied including, for instance, extracts from the reports of the inspection services and, if such statistics are available, information on the number of workers covered by the relevant legislation and other measures, the number and nature of contraventions reported, etc.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the Government's report. Taken into account the absence of information which was asked for in its previous comments the Committee again requests the Government to provide information on the following points.

I. Article 1, paragraph 1, of the Convention. The Committee had noted that section 83(10) of the Factories, Offices and Shops Act, 1970, had excluded from the definition of "factory" covered by the Act any building operations undertaken below ground in a mine, any works of engineering construction undertaken at a mine, and premises belonging to a mine in which the only activity carried on is ancillary to the getting, dressing or preparation for sale of minerals. The Government is requested to indicate the manner in which the Convention is applied to these activities and to provide a copy of the Mining Regulations, 1970, and the Factories Regulations, 1970, referred to in its report.

Article 1, paragraphs 2 and 3. The Committee had noted the indication in the Government's first report that, due to an absence of legislation with respect to agriculture and forestry, and after consultation with the employers' and workers' organizations concerned, these branches of economic activity have been excluded from the application of the Convention. The Government is requested to indicate, in subsequent reports, the position of its law and practice and the extent to which effect has been given or is proposed to be given to the Convention in respect of these branches, in accordance with paragraph 3 of this Article.

II. Article 4, paragraph 2 and Article 8, paragraph 1. The Committee has noted that the Factories Act only provides general measures for the application of the Convention. The Government had indicated in its first report that the technical standards proposed by the American Conference of Governmental Industrial Hygienists (ACGIH) and the International Standards Organization (ISO) were used for the practical implementation of the measures prescribed and to establish the criteria for determining the hazards of exposure to air pollution, noise and vibration and the exposure limits to these hazards. The Government is requested to specify, in its next report, the ACGIH and ISO technical standards to which it refers.

Article 5, paragraphs 3 and 4. The Committee has noted the indication in the Government's first report that there were no institutional procedures to ensure the application of these provisions, but that the labour inspectorate has the power to require workers and employers to supply information with respect to the safety and health situation at the workplace. The Committee would recall that, under this Article of the Convention, measures are to be taken to ensure collaboration between workers and employers at the workplace with respect to the measures taken in pursuance of the Convention and to ensure that representatives of the worker and of the employer have the opportunity to accompany inspectors during inspection visits, unless the inspectors consider, in the light of the general instructions of the competent authority, that this may be prejudicial to the performance of their duties. The Government is requested to indicate the measures taken or envisaged to ensure the application of these provisions.

Article 6, paragraph 1. The Committee has noted that section 60 of the Factories Act provided that employers shall be responsible for compliance with the requirements of the Act and any regulations made thereunder. The Government had indicated in its first report that measures for the technical implementation of the measures prescribed in pursuance of the Convention are based upon the technical standards of the ACGIH and ISO. The Government is requested to indicate the measures taken to ensure that employers are made responsible for compliance with the technical standards referred to in its report.

Article 6, paragraph 2. The Committee has noted the Government's statement in its first report that the fact that employers are jointly responsible for the observance of any provisions for the prevention and control of, and protection against, hazards due to air pollution, noise and vibration ensures their collaboration. The Government is requested to indicate any measures taken or envisaged to ensure a more active collaboration between two or more employers undertaking activities simultaneously at one workplace and to give particulars of any general procedures which may be prescribed for such collaboration.

Article 7, paragraphs 1 and 2. The Committee has noted that section 78 of the Factories Act provides that no worker shall wilfully do anything to endanger himself or herself or any other person. The Government is requested to indicate the measures taken to ensure that workers comply with all safety procedures relating to the prevention and control of, and protection against, occupational hazards due to air pollution, noise and vibration. The Government is also requested to indicate the measures taken or envisaged to ensure that workers have the right to present proposals and to appeal to appropriate bodies so as to ensure protection against these hazards.

Article 8, paragraph 2. The Committee has noted the indication in the Government's first report that a tripartite National Advisory Committee on Labour is consulted on all matters relating to labour policy and legislation. The Government is requested to indicate whether this Committee is consulted in the elaboration of the criteria and the determination of exposure limits with respect to air pollution, noise and vibration and to indicate the manner in which account is taken of the opinion of technically competent persons designated by workers' and employers' organizations.

Article 9. The Government is requested to provide particulars concerning any technical measures prescribed for new plant or processes in design or installation and for existing plant or processes, as well as any supplementary organizational measures prescribed to ensure the protection of workers against hazards due to air pollution, noise and vibration.

Article 10. The Committee has noted that under section 25 of the Factories Act, where workers are employed in any process involving excessive exposure to any injurious or offensive substances, suitable protective clothing and appliances, where necessary, shall be provided. The Government is requested to indicate any specific measures taken or envisaged to ensure that, when the specified exposure limits to air pollution, noise and vibration are exceeded, the employer provides and maintains suitable personal protective equipment and to specify the types of protective clothing and equipment to be provided in such cases.

Article 15. The Committee notes the indication in the Government's report that the non-availability of qualified and competent personnel is a constraining factor in requiring the employer to appoint a competent person or use a competent service outside the undertaking to deal with matters pertaining to the prevention and control of air pollution, noise and vibration. The Government is requested to continue to provide information, in subsequent reports, on any developments in the national situation which permit the determination of conditions and circumstances under which the employer is required to appoint a competent person to deal with these matters and the measures thus taken.

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

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

I. Article 1, paragraph 1, of the Convention. The Committee notes that section 83(10) of the Factories, Offices and Shops Act, 1970, excludes from the definition of "factory" covered by the Act any building operations undertaken below ground in a mine, any works of engineering construction undertaken at a mine, and premises belonging to a mine in which the only activity carried on is ancillary to the getting, dressing or preparation for sale of minerals. The Government is requested to indicate the manner in which the Convention is applied to these activities and to provide a copy of the Mining Regulations, 1970, and the Factories Regulations, 1970, referred to in its report.

Article 1, paragraphs 2 and 3. The Committee notes the indication in the Government's report that, due to an absence of legislation with respect to agriculture and forestry, and after consultation with the employers' and workers' organizations concerned, these branches of economic activity have been excluded from the application of the Convention. The Government is requested to indicate, in subsequent reports, the position of its law and practice and the extent to which effect has been given or is proposed to be given to the Convention in respect of these branches, in accordance with paragraph 3 of this Article.

II. Article 4, paragraph 2 and Article 8, paragraph 1. The Committee notes that the Factories Act only provides general measures for the application of the Convention. The Government has indicated in its report that the technical standards proposed by the American Conference of Governmental Industrial Hygienists (ACGIH) and the International Standards Organization (ISO) are used for the practical implementation of the measures prescribed and to establish the criteria for determining the hazards of exposure to air pollution, noise and vibration and the exposure limits to these hazards. The Government is requested to specify, in its next report, the ACGIH and ISO technical standards to which it refers.

Article 5, paragraphs 3 and 4. The Committee notes the indication in the Government's report that there are no institutional procedures to ensure the application of these provisions, but that the labour inspectorate has the power to require workers and employers to supply information with respect to the safety and health situation at the workplace. The Committee would recall that, under this Article of the Convention, measures are to be taken to ensure collaboration between workers and employers at the workplace with respect to the measures taken in pursuance of the Convention and to ensure that representatives of the worker and of the employer have the opportunity to accompany inspectors during inspection visits, unless the inspectors consider, in the light of the general instructions of the competent authority, that this may be prejudicial to the performance of their duties. The Government is requested to indicate the measures taken or envisaged to ensure the application of these provisions.

Article 6, paragraph 1. The Committee notes that section 60 of the Factories Act provides that employers shall be responsible for compliance with the requirements of the Act and any regulations made thereunder. The Government has indicated in its report that measures for the technical implementation of the measures prescribed in pursuance of the Convention are based upon the technical standards of the ACGIH and ISO. The Government is requested to indicate the measures taken to ensure that employers are made responsible for compliance with the technical standards referred to in its report.

Article 6, paragraph 2. The Committee notes the Government's statement in its report that the fact that employers are jointly responsible for the observance of any provisions for the prevention and control of, and protection against, hazards due to air pollution, noise and vibration ensures their collaboration. The Government is requested to indicate any measures taken or envisaged to ensure a more active collaboration between two or more employers undertaking activities simultaneously at one workplace and to give particulars of any general procedures which may be prescribed for such collaboration.

Article 7, paragraphs 1 and 2. The Committee notes that section 78 of the Factories Act provides that no worker shall wilfully do anything to endanger himself or herself or any other person. The Government is requested to indicate the measures taken to ensure that workers comply with all safety procedures relating to the prevention and control of, and protection against, occupational hazards due to air pollution, noise and vibration. The Government is also requested to indicate the measures taken or envisaged to ensure that workers have the right to present proposals and to appeal to appropriate bodies so as to ensure protection against these hazards.

Article 8, paragraph 2. The Committee notes the indication in the Government's report that a tripartite National Advisory Committee on Labour is consulted on all matters relating to labour policy and legislation. The Government is requested to indicate whether this Committee is consulted in the elaboration of the criteria and the determination of exposure limits with respect to air pollution, noise and vibration and to indicate the manner in which account is taken of the opinion of technically competent persons designated by workers' and employers' organizations.

Article 9. The Government is requested to provide particulars concerning any technical measures prescribed for new plant or processes in design or installation and for existing plant or processes, as well as any supplementary organizational measures prescribed to ensure the protection of workers against hazards due to air pollution, noise and vibration.

Article 10. The Committee notes that under section 25 of the Factories Act, where workers are employed in any process involving excessive exposure to any injurious or offensive substances, suitable protective clothing and appliances, where necessary, shall be provided. The Government is requested to indicate any specific measures taken or envisaged to ensure that, when the specified exposure limits to air pollution, noise and vibration are exceeded, the employer provides and maintains suitable personal protective equipment and to specify the types of protective clothing and equipment to be provided in such cases.

Article 15. The Committee notes the indication in the Government's report that the non-availability of qualified and competent personnel is a constraining factor in requiring the employer to appoint a competent person or use a competent service outside the undertaking to deal with matters pertaining to the prevention and control of air pollution, noise and vibration. The Government is requested to continue to provide information, in subsequent reports, on any developments in the national situation which permit the determination of conditions and circumstances under which the employer is required to appoint a competent person to deal with these matters and the measures thus taken.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes with interest the information provided in the Government's first report. It requests the Government to provide further clarification, in its next report, on the following points:

I. Article 1, paragraph 1, of the Convention. The Committee notes that section 83(10) of the Factories, Offices and Shops Act, 1970, excludes from the definition of "factory" covered by the Act any building operations undertaken below ground in a mine, any works of engineering construction undertaken at a mine, and premises belonging to a mine in which the only activity carried on is ancillary to the getting, dressing or preparation for sale of minerals. The Government is requested to indicate the manner in which the Convention is applied to these activities and to provide a copy of the Mining Regulations, 1970, and the Factories Regulations, 1970, referred to in its report.

Article 1, paragraphs 2 and 3. The Committee notes the indication in the Government's report that, due to an absence of legislation with respect to agriculture and forestry, and after consultation with the employers' and workers' organizations concerned, these branches of economic activity have been excluded from the application of the Convention. The Government is requested to indicate, in subsequent reports, the position of its law and practice and the extent to which effect has been given or is proposed to be given to the Convention in respect of these branches, in accordance with paragraph 3 of this Article.

II. Article 4, paragraph 2 and Article 8, paragraph 1. The Committee notes that the Factories Act only provides general measures for the application of the Convention. The Government has indicated in its report that the technical standards proposed by the American Conference of Governmental Industrial Hygienists (ACGIH) and the International Standards Organization (ISO) are used for the practical implementation of the measures prescribed and to establish the criteria for determining the hazards of exposure to air pollution, noise and vibration and the exposure limits to these hazards. The Government is requested to specify, in its next report, the ACGIH and ISO technical standards to which it refers.

Article 5, paragraphs 3 and 4. The Committee notes the indication in the Government's report that there are no institutional procedures to ensure the application of these provisions, but that the labour inspectorate has the power to require workers and employers to supply information with respect to the safety and health situation at the workplace. The Committee would recall that, under this Article of the Convention, measures are to be taken to ensure collaboration between workers and employers at the workplace with respect to the measures taken in pursuance of the Convention and to ensure that representatives of the worker and of the employer have the opportunity to accompany inspectors during inspection visits, unless the inspectors consider, in the light of the general instructions of the competent authority, that this may be prejudicial to the performance of their duties. The Government is requested to indicate the measures taken or envisaged to ensure the application of these provisions.

Article 6, paragraph 1. The Committee notes that section 60 of the Factories Act provides that employers shall be responsible for compliance with the requirements of the Act and any regulations made thereunder. The Government has indicated in its report that measures for the technical implementation of the measures prescribed in pursuance of the Convention are based upon the technical standards of the ACGIH and ISO. The Government is requested to indicate the measures taken to ensure that employers are made responsible for compliance with the technical standards referred to in its report.

Article 6, paragraph 2. The Committee notes the Government's statement in its report that the fact that employers are jointly responsible for the observance of any provisions for the prevention and control of, and protection against, hazards due to air pollution, noise and vibration ensures their collaboration. The Government is requested to indicate any measures taken or envisaged to ensure a more active collaboration between two or more employers undertaking activities simultaneously at one workplace and to give particulars of any general procedures which may be prescribed for such collaboration.

Article 7, paragraphs 1 and 2. The Committee notes that section 78 of the Factories Act provides that no worker shall wilfully do anything to endanger himself or herself or any other person. The Government is requested to indicate the measures taken to ensure that workers comply with all safety procedures relating to the prevention and control of, and protection against, occupational hazards due to air pollution, noise and vibration. The Government is also requested to indicate the measures taken or envisaged to ensure that workers have the right to present proposals and to appeal to appropriate bodies so as to ensure protection against these hazards.

Article 8, paragraph 2. The Committee notes the indication in the Government's report that a tripartite National Advisory Committee on Labour is consulted on all matters relating to labour policy and legislation. The Government is requested to indicate whether this Committee is consulted in the elaboration of the criteria and the determination of exposure limits with respect to air pollution, noise and vibration and to indicate the manner in which account is taken of the opinion of technically competent persons designated by workers' and employers' organizations.

Article 9. The Government is requested to provide particulars concerning any technical measures prescribed for new plant or processes in design or installation and for existing plant or processes, as well as any supplementary organizational measures prescribed to ensure the protection of workers against hazards due to air pollution, noise and vibration.

Article 10. The Committee notes that under section 25 of the Factories Act, where workers are employed in any process involving excessive exposure to any injurious or offensive substances, suitable protective clothing and appliances, where necessary, shall be provided. The Government is requested to indicate any specific measures taken or envisaged to ensure that, when the specified exposure limits to air pollution, noise and vibration are exceeded, the employer provides and maintains suitable personal protective equipment and to specify the types of protective clothing and equipment to be provided in such cases.

Article 15. The Committee notes the indication in the Government's report that the non-availability of qualified and competent personnel is a constraining factor in requiring the employer to appoint a competent person or use a competent service outside the undertaking to deal with matters pertaining to the prevention and control of air pollution, noise and vibration. The Government is requested to continue to provide information, in subsequent reports, on any developments in the national situation which permit the determination of conditions and circumstances under which the employer is required to appoint a competent person to deal with these matters and the measures thus taken.