Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (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.