Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Occupational Safety and Health Convention, 1981 (No. 155) - Ethiopia (Ratification: 1991)

Other comments on C155

Observation

Direct Request

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Articles 1(3) and 2(3) of the Convention. Excluded branches and categories of workers. The Committee notes that pursuant to section 3(2) of the Labour Proclamation, 2019, the Proclamation is not applicable to: (i) contracts for the purpose of upbringing, treatment, care or rehabilitation; (ii) contracts for the purpose of educating or training other than apprentice; (iii) where the employee is a managerial employee; (iv) contracts of personal service; (v) contracts relating to persons such as members of the Armed Force, members of the Police Force, employees of state administration, judges of courts of law, prosecutors and others whose employment relationship is governed by special laws; and (vi) contracts relating to a person who performs an act, for consideration, at his own business or professional responsibility. The Committee observes that these categories were also excluded in the 1993 and 2014 Labour Proclamations, and were noted in the Government’s first report on the application of the Convention. The Committee requests the Government to provide information on the measures taken to give adequate safety and health protection to workers excluded from the Labour Proclamation’s scope of application, and to provide information on any progress towards wider application of OSH protection to those workers.

Article 4. Formulation, implementation and review of a coherent national policy on occupational safety and health (OSH).Following its previous comments concerning the implementation and review of the national OSH policy (adopted in 2014), the Committee notes the Government’s indication that a national tripartite council to review the national OSH situation was established in 2016. The Government indicates that, following an assessment of that council’s functioning, a tripartite OSH council will be integrated into the newly restructured National Labour Advisory Board as a specialized committee. With respect to the implementation of the national OSH policy, the Government indicates that it has: (i) facilitated the implementation of OSH management systems (in line with the Guidelines on occupational safety and health management systems, ILO-OSH 2001), in 15650 enterprises (2020-2021); (ii) developed an OSH policy framework for the construction, agricultural, mining and manufacturing (garment and textiles) sectors in cooperation with sectoral partners; (iii) implemented a national campaign to building an OSH culture through awareness raising and capacity building activities for employers, workers, trade unions and labour inspectors; (iv) strengthened the institutional capacity of inspectorates on OSH at both the federal and regional levels; and (v) developed a system for integrating private sector participation into preventive and advisory OSH services. The Committee requests the Government to continue to provide information on the measures taken to implement the national OSH policy. It also requests the Government to provide information on the functioning of the tripartite OSH council within the National Labour Advisory Board, including its composition and the issues under its consideration, including the review of the national OSH situation.

Article 11(b). Functions to be carried out progressively : the determination of work processes and of substances and agents, exposure to which is to be controlled by the competent authority. Following its previous request on measures to give effect to Article 11(b), the Committee notes the Government’s indication that special work activities are checked regularly using labour inspection technical checklist (adopted in 2017), such as working at heights using wooden scaffolding, chemical spraying in agricultural farms and horticulture greenhouses, exposure to radiation, heavy manual handling practices, electrical works, underground operations and use of extremely hazardous substances like asbestos. The Government further indicates that the prohibition and limitation of use of dangerous substances, agents or work process can be ordered by the labour inspection and OSH services. Noting the Government’s reference to special work activities, the Committee requests the Government to provide further information on the manner in which it determines which work processes, substances and agents are prohibited, limited or made subject to authorisation, and to provide further information on existing prohibitions and limitations prescribed.

Article 11(e). Annual publication of information on occupational accidents, occupational diseases and other injuries to health. The Committee notes the Government’s reply to its previous request that information on occupational accidents and diseases is reported and compiled in an annual labour market information bulletin. The Committee also notes the information in the 2021 Labour and Migration Survey, published by the Ethiopian Statistics Service, on the number of occupational accidents, disaggregated by sex, region, and type of injury, as well as on the use of personal protective equipment. The Committee requests the Government to transmit, with its next report, the annual labour market information bulletin and any other publications on the number of occupational accidents, occupational diseases and other injuries to health which arise in the course of or in connection with work.

Article 19(e). Right of workers or their representatives to inquire into all aspects of OSH associated with their work and to have recourse to external technical advisers. The Committee notes the Government’s reference, in reply to its previous request, to section 92 of the Labour Proclamation 2019, which provides that employers have an obligation to establish an occupational health and safety committee (section 92(2)). It further notes that section 60 of the OSH Directive of 2008 provides that an employer shall ensure that an occupational safety and health committee is established in all workplaces where ten and more workers are employed. The Committee once again requests the Government to provide information on the manner in which it is ensured that workers or their representatives or representative organizations in an undertaking are enabled to inquire into and are consulted by the employer on all aspects of OSH associated with their work.

Article 21. OSH measures at no cost to the workers. The Committees notes that section 12 of the Labour Proclamation of 2019 provides that employers shall pay the cost of medical examinations of the worker whenever such medical examinations are required by law or the appropriate authority. It further notes that sections 199 (b)(iv) and 201 of the 2008 OSH Directive requires the provision of personal protective equipment and clothing, at no cost to the worker. The Committee requests the Government to provide further information on the manner in which it is ensured that all OSH measures, including the provision of OSH training, do not involve any expenditure for the workers.