Solicitud directa (CEACR) - Adopción: 2010, Publicación: 100ª reunión CIT (2011)

The Committee notes the Government’s comprehensive first report and the referenced Health and Safety at Work Act 1996, the Health and Safety at Work (Amendment) Act 2003 and its supplementary Regulations. The Committee notes with interest that a draft Ministerial Order has been prepared in order to extend the Health and Safety at Work Act so as to cover the workplaces and operations under the Mining, Quarries, Explosives and Petroleum Acts, and that exception to the applicability of section 3(6) of the Health and Safety at Work Act 1996 for domestic workers was under review together with the new Employment Relation Promulgation 2007. The Committee asks the Government to keep it informed of any further developments in these regards.

Article 1(3). Exclusion of certain branches of economic activity. Exclusion of limited categories of workers. The Committee notes that section 3(1) of the Health and Safety at Work Act 1996 applies to all economic branches except for those covered by the Mining, Quarries, Explosives and Petroleum Acts and to all workers except for domestic workers. With reference to the Ministerial Declaration and ongoing legislative revisions referred to above, the Committee requests the Government to provide, respectively, copies of the Declaration, once gazetted, and the new legislation once it has been adopted.

Article 4. National policy. Article 7. Review of OSH and the working environment at appropriate intervals. The Committee notes the information that, according to Part VI of the Health and Safety at Work Act, the new tripartite National Occupational Health and Safety Advisory Board (NOHSAB), is entrusted with the functions to formulate, implement and periodically review the national policy with the support of the Health and Safety Inspectorate and that the Employment Relations Advisory Board also handles OSH policy-related issues. The Committee also notes that the national OSH policy in the country seems to be expressed mainly through the referenced legislation and is not contained in any programmatic statement. With reference to the terms of Articles 4 and 7, the Committee requests the Government to provide further information on the required periodical review of the situation regarding OSH and the working environment and how this review is reflected in a periodical review of the national policy.

Article 11(b). Substances subject to authorization and control. The Committee notes the information that, pursuant to section 53(1) of the HSWA, the Chief Health and Safety Inspector has the power to create a chemical inventory allowing for further control of chemicals and their use and that the Health and Safety at Work (Control of Hazardous Substances) Regulations 2006 also provides for further control and measures in line with the Convention. The Committee requests the Government to provide further information on measures taken to ensure that the functions in Article 11(b) are progressively carried out.

Article 11(f). Knowledge and risk assessment. Noting the brief information provided on the application of this provision, the Committee refers the Government to paragraphs 141–144 of the 2009 General Survey on OSH. The Committee requests the Government to provide further information on measures taken to ensure that the functions in Article 11(b) are progressively carried out.

Articles 13 and 19(f). Protection of workers removed from situations presenting an imminent and serious danger. The Committee notes the reference made to section 25 of the HSWA which appears to regulate the situations referred to in these Articles of the Convention. With reference to what is stated in paragraphs 73–75 of the 2009 General Survey on OSH, the Committee finds, however, that the terms of section 25 leave some doubt as to whether workers have the right to decide to remove themselves from situations presenting imminent and serious danger in accordance with Article 13, taking due account of the criteria provided for in Article 19(f). The Committee requests the Government to provide further information regarding measures taken to give full effect to Articles 13 and 19(f) of the Convention and on its application in practice.

Article 17. Two or more employers at one workplace. The Committee notes the information provided that the HSWA addresses coordination and collaboration on health and safety in workplaces with two or more undertakings through a combination of duties on various parties. The Committee notes, however, that the referenced provisions do not seem to provide for the cooperation between these entities that is required. The Government is requested to provide further information on measures taken to give full effect to this provision.

Article 19(e). Possibility to bring in technical advisers. The Committee notes that the Government refers to sections 17 and 21 of the HSWA and to national enterprise policies as giving effect to this provision, citing as example an inquiry in 1997 into alleged lead poisoning at four sugar mills where the Government used Australian experts on occupational medicine, occupational hygiene and engineers. The Committee notes that the referenced sections of the HSWA is silent as regards the issue regulated in Article 19(e) and that the example cited does seem to reflect the right of the workers, their representatives and, as the case may be, their representative organizations to bring in technical advisers. The Government is requested to provide further information on measures taken to give full effect to this provision.

Article 21. Provision of medical examination at no cost for the worker. The Committee notes the reference made to the employer’s duty to provide a safe working environment for workers in section 9 of the HSWA and to the employer’s duty to provide personal protective equipment and clothing as required, in section 3(1) of the Health and Safety at Work (General Workplace Conditions) Regulations 2003. The Committee notes, however, that there appears to be no specific provision ensuring that the worker would not incur any other costs such as costs for medical examinations. The Government is requested to provide further information as to measures taken to ensure that full effect is given to this provision.

Part V of the report form. Application of the Convention in practice. The Committee notes from the Government’s report that the overall trend of occupational injuries has decreased since 2002. Notwithstanding this, there were sharp increases in 2006 and 2009 as shown in Appendix III. The Committee requests the Government to provide further information on the reason for this and action taken in regard to the increases in 2006 and 2009. The Committee also asks the Government to give a general appreciation of the manner in which the Convention is applied in the country, and to provide, where such statistics exist, information on the number of workers covered by the legislation, the number and nature of the contraventions reported, and the number, nature and cause of accidents and occupational diseases reported.