Demande directe (CEACR) - adoptée 2016, publiée 106ème session CIT (2017)

Repetition

Articles 4, 7 and 15 of the Convention. Periodic review of the national policy. The Committee notes that pursuant to section 10(7)(a) and (b) of the OSH Act, one of the functions of the National Advisory Council on Occupational Safety and Health (NACOSH) is to advise on the formulation of a national policy on OSH. The Committee requests the Government to provide further information on the work of the NACOSH and on the measures taken, in law and in practice, to ensure that the national policy on OSH is reviewed in accordance with the assessment of the OSH situation as provided for in Article 7 of the Convention. It also requests the Government to submit a copy of the relevant national OSH documents, including the national policy.

Article 5. Spheres of action of the national policy. The Committee notes that while the Government indicates that the policy covers all of the spheres enumerated in the Article, no further information is provided on the manner in which these spheres are integrated into the policy. The Committee requests the Government to provide details on the manner in which the national policy takes into account the main spheres of action enumerated in this Article of the Convention.

Article 6. Functions and responsibilities. The Committee notes the Government’s reference to section 6(1), (2) and (3) of the Occupational Safety and Health Act No. 32 of 1997 (OSH Act) which concerns the “register of industrial establishments and particulars thereof”, but does not address the functions and responsibilities of public authorities, employers, workers and other interested parties in respect to OSH and the working environment, as required by Article 6 of the Convention. The Committee therefore requests the Government to provide information on the measures taken, in law and in practice, to give full effect to this Article of the Convention.

Article 9. Adequate and appropriate system of inspection. The Committee notes the Government’s indication that the Labour Occupational Safety and Health Department (hereinafter the “Department”), which is part of the Ministry of Labour, Human Services and Social Security, is responsible for the enforcement of OSH laws and regulations. However, the Committee notes from the annual reports of the Department, for the 2008–12 period, that it has seen significant cuts to the number of staff members and resources which has negatively impacted the number of inspections conducted in workplaces, with 1,117 inspections conducted in 2012 compared to 3,029 in 2011. The Committee requests the Government to provide information on the measures taken or envisaged to address the decrease in the number of inspections, and to ensure that OSH laws and regulations are effectively enforced.

Article 12. Obligations of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee notes that the OSH Act requires employers, suppliers, manufacturers and importers to maintain and keep proper records and documentation, which include manufacturers’ manuals and Material Safety Data Sheets (MSDS). However, the Committee notes that the Government’s report did not provide information on the measures taken to give effect to the specific requirements of paragraphs (a)–(c) of Article 12 of the Convention. The Committee therefore requests the Government to indicate the measures taken or envisaged, in law and in practice, to give full effect to the requirements of this Article of the Convention.

Article 13. Protection from undue consequences. The Committee notes that pursuant to section 56 of the OSH Act, workers are entitled to refuse to work when they have reasonable basis for believing that a hazardous situation exists and presents an imminent or serious danger to their safety and health, or that of a fellow worker. However, the Committee notes that certain categories of workers (for example a person employed in the operation of a laundry or food service within a hospital or a nursing home) may be excluded from the application of section 56 by virtue of an order of the Minister. The Committee requests the Government to provide information on any ministerial decrees or orders, issued by virtue of section 56(2) of the OSH Act, and to provide information on any other measures taken in practice to ensure the application of Article 13 of the Convention.

Article 17. Collaboration between two or more undertakings engaging in activities simultaneously at one workplace. The Committee notes from the Government’s report that while no legislative provisions giving effect to this Article exist, it is common practice for employers to collaborate, where necessary, to ensure the safety and health of all employees. The Committee requests the Government to provide detailed information on measures taken in order to ensure that effect is given to this Article of the Convention.

Article 19. Rights and duties of workers and their representatives. The Committee notes the Government’s indication that the rights and duties enumerated in this Article are provided for in the OSH Act, and that section 23(1) of the Act requires the establishment of joint workplace safety and health committees in certain undertakings. The Committee requests the Government to provide detailed information on the manner in which effect is given, in law and in practice, to each paragraph of this Article of the Convention, including references to specific provisions of the OSH Act.

Article 20. Cooperation at the level of the undertaking. The Committee notes that, pursuant to section 23 of the OSH Act, a joint workplace safety and health committee must be established in workplaces where 20 or more workers are regularly employed, where the employer has received an order under section 59, or in workplaces other than a construction site where fewer than 20 workers are regularly employed and with respect to which a regulation concerning critical substances applies. The Committee requests the Government to provide further information on the measures taken, in law and in practice, to ensure effective cooperation between management and workers and their representatives within the undertaking, particularly in undertakings not required by the OSH Act to establish safety and health committees.

Application in practice. The Committee notes the reports of the Department for the 2008–12 period, and the reports for October and December 2013, annexed to the Government’s report. It notes the indication that 738 industrial accidents and 12 workplace fatalities were recorded in 2012 and that 77 of the 98 workplace accidents recorded in October and December 2013 occurred in the agricultural sector. The Committee requests the Government to provide information on measures taken or envisaged to address the high number of accidents in the agricultural sector. It also requests the Government to provide further information on the manner in which the Convention is applied in the country in practice and, where such statistics exist, information on the number of workers covered by the legislation, the number and nature of the contraventions reported, the number, nature and cause of the accidents and diseases reported, etc.