Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (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.