Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (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.