Occupational Safety and Health Convention, 1981 (No. 155) - Antigua and Barbuda (Ratification: 2002)

Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

In order to provide a comprehensive view of the issues relating to the application of ratified occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine Conventions Nos 155 (OSH) and its Protocol of 2002, 184 (safety and health in agriculture) and 187 (promotional framework for OSH) together.

Legislative reform. In its previous comments, the Committee noted the Government’s intention to adopt new OSH legislation and to repeal Division D of the Labour Code (No. 14 of 1975) (Cap. 27) concerning employment health, safety and welfare. In this respect, the Committee notes the Government’s indication that the National Labour Board drafted an OSH Bill, but that no new legislation was enacted. The Committee requests the Government to provide information on the progress made in the adoption of the OSH Bill. It also requests the Government to provide a copy of the relevant legislation, once it has been adopted.

General provisions

Occupational Safety and Health Convention, 1981 (No. 155) , an d Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)

The Committee notes the Government’s first report concerning Convention No. 187.

Application in practice of Conventions Nos 155, and 187. The Committee notes the Government’s indication that there have been no new developments in the compilation of data on the number, nature and causes of occupational accidents and diseases. The Committee requests the Government to provide information on the application in practice of Conventions Nos 155, and 187, including information on the number, nature and causes of occupational accidents and cases of diseases reported.

Action at the national level

National policy

Article 3(3) of Convention No. 187. Measures to promote basic OSH principles and to develop a national preventive safety and health culture. The Committee notes the Government’s indication that recommendations are being drafted which include the provision of OSH training to organizations and workplaces within the country, targeting as first priority sectors such as agriculture and construction which are known to be rife with OSH violations. The Committee requests the Government to continue to provide information on the measures taken or envisaged, including the provision of OSH training in workplaces, to develop a national preventive safety and health culture in consultation with the social partners.

National system

Article 4(1) and (3) of Convention No. 187. National tripartite advisory body. Components of the national OSH system and periodic review. The Committee notes the Government’s indication that the National Labour Board is responsible for making recommendations regarding the country’s OSH policies. It also notes that the Government indicates that none of the components listed in Article 4(3)(b)–(g) of Convention No. 187 are implemented in the national system. The Committee requests the Government to provide further information on the OSH-related activities and issues addressed within the National Labour Board. The Committee also requests the Government to provide information on the measures taken to periodically review the national OSH system, and on any measures taken to develop the national OSH system, particularly with respect to the components listed in Article 4(3)(b) (information and advisory services on OSH), (c) (OSH training), (d) (occupational health services), (e) (OSH research), (f) (OSH data) and (g) (collaboration with social security) of Convention No. 187.

Article 12 of Convention No. 155. Obligations of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee notes the Government’s indication that there are no new developments regarding the implementation of this Article of the Convention. The Committee requests the Government to take measures to prescribe the obligations of persons who design, manufacture, import, provide or transfer machinery, equipment and any substances for occupational use, so that such items do not entail dangers for the safety and health of those using them correctly in accordance with Article 12.

Article 14 of Convention No. 155. Measures to promote the inclusion of questions of OSH and the working environment at all levels of education and training.The Committee once again requests the Government to provide information on measures taken to promote questions of occupational safety and health and the working environment at all levels of education and training, including higher technical, medical and professional education.

Article 16 of Convention No. 155. Action at the level of the undertaking. The Committee previously noted that sections D13(1)(g) and D13(1)(h) of the Labour Code prescribe controlling measures to be taken by employers in respect of work being carried out with white phosphorous and benzene. The Committee notes the Government’s indication that there are no new developments regarding the measures taken to control other harmful chemicals. The Committee once again requests the Government to provide information on employers’ obligations to take measures ensuring that other chemicals, as well as physical and biological substances or agents under their control, are without risk to health when appropriate measures are taken.

National programme

Article 5 of Convention No. 187. National OSH programme. The Committee notes the Government’s indication that there is no national OSH programme. The Government also indicates that recommendations are being drafted for the implementation of informational campaigns tailored to the needs of various sectors aiming to offer guidance to employers and employees on the identification and mitigation of workplace hazards. The Committee requests the Government to take the necessary measures to establish a national OSH programme, in accordance with the requirements of Article 5(1) and 5(2) of Convention No. 187. It also requests the Government to provide information on the consultations held with employers’ and workers’ organizations and on the outcome of these consultations.

Protocol of 2002 to Convention No. 155

Articles 2 and 3 of the Protocol. Requirements and procedures for the recording of occupational accidents and occupational diseases. The Committee notes that pursuant to section D13(2) of the Labour Code the operator of any workplace shall notify the Labour Commissioner in such manner and in such particularity as the Minister may by regulations prescribe, of any industrial accident which occurs within the workplace or to any person in the employment of the operator and also of the occurrence of any occupational disease among any person or persons in their employment. The Committee requests the Government to indicate if any regulations have been prescribed under section D13(2) of the Labour Code establishing the requirements and procedures for the recording and notification of occupational accidents, occupational diseases and, as appropriate, dangerous occurrences, commuting accidents and suspected cases of occupational diseases.

Articles 6 and 7. Annual publication of statistics. The Committee requests the Government to provide information on the annual publication of statistics concerning occupational accidents, occupational diseases and, as appropriate, dangerous occurrences and commuting accidents.

Protection in specific branches of activity

Safety and Health in Agriculture Convention, 2001 (No. 1 84 )

The Committee notes the Government’s first report on Convention No. 184

Article 4(1) and (2) of the Convention. National OSH policy in agriculture. The Committee notes the Government’s indication that there is no policy on safety and health in agriculture. The Government also indicates that there have been no consultations with the representative organizations of workers and employers regarding the formulation of a policy. With reference to its comments under Articles 4, 5 and 7 of Convention No. 155 on national OSH policy, The Committee requests the Government to provide information on the progress made towards the adoption of a coherent national policy on safety and health in agriculture, after consulting the representative organizations of employers and workers concerned. It further requests the Government to provide information on the measures taken or envisaged to implement and periodically review this policy, once adopted. The Committee also requests the Government to provide information on the measures adopted or envisaged to ensure inter-sectoral coordination among relevant authorities and bodies for the agricultural sector.

Article 6(2). Cooperation between two or more employers in an agricultural workplace. The Committee notes the Government’s indication that there is no legislation relevant to the application of this Article of the Convention. With reference to its comments under Article 17 of Convention No. 155, the Committee requests the Government to provide information on the measures taken or envisaged to ensure that, whenever in an agricultural workplace two or more employers undertake activities, or whenever one or more employers and one or more self-employed persons undertake activities, they cooperate in applying the safety and health requirements.

Article 7. Duties of employers. The Committee notes the Government’s indication that there are no legislative provisions giving effect to Article 7 of the Convention. The Committee requests the Government to take measures to ensure that employers in agriculture: (i) carry out appropriate risk assessments in relation to the safety and health of workers and adopt preventive and protective measures (Article 7(a)); (ii) provide adequate and appropriate training and comprehensible instructions on safety and health and any necessary guidance to workers (Article 7(b)); and (iii) take immediate steps to stop any operation where there is an imminent and serious danger to safety and health and to evacuate workers as appropriate (Article 7(c)).

Article 8(1)(a)–(b) and 3. Right of workers to be consulted and to participate in the application and review of safety measures, and to select safety and health representatives. The Committee notes the Government’s indication that the Ministry of Labour will receive assistance from the Canadian Ministry of Employment and Social Development in establishing workplace health and safety committees. It notes the Government’s statement that this will allow workers within an undertaking to play an active role in promoting safety in their work environment. Referring to its comments under Articles 19(a)–(e) and 20 of Convention No. 155, the Committee requests the Government to provide information on measures adopted or envisaged, including the implementation of workplace committees, to ensure that workers have the right to: (i) be informed and consulted on safety and health matters, including risks from new technologies; (ii) participate in the application and review of OSH measures; and (iii) and select safety and health representatives and representatives in OSH committees.

Article 8(1)(c) and (3). Right of workers to remove themselves from danger. The Committee notes the Government’s indication that there is no legislative measure allowing workers to remove themselves from a situation which poses an imminent threat to their safety and health. Referring to its comments under Articles 13 and 19(f) of Convention No. 155, the Committee requests the Government to provide information on the measures taken to give effect to this Article of the Convention.

Articles 9(2) and (3) and 10. Machine safety. The Committee notes the Government’s indication that there are no provisions giving effect to Articles 9 and 10 of the Convention. The Committee requests the Government to indicate the measures taken or envisaged to: (i) ensure that manufacturers, importers and suppliers comply with safety and health standards and provide adequate and appropriate information to the users and, on request, to the competent authority (Article 9(2)); and (ii) ensure that workers receive and understand the safety and health information supplied by manufacturers, importers and suppliers (Article 9(3)). The Committee also requests the Government to take measures to ensure that national laws and regulations: (i) prohibit the use of all agricultural machinery and equipment for purposes other than those initially envisaged (Article 10(a)); and (ii) require that all agricultural machinery and equipment be operated by trained and competent persons (Article 10(b)).

Article 11. Handling and transport of materials. The Committee notes the Government’s indication that there are no safety and health requirements pertaining to the handling and transport of materials, as well as no provisions regulating the transport of loads deemed potentially dangerous by reason of weight or volume. The Committee requests the Government to provide information on the measures taken or envisaged, in law and in practice, to give effect to Article 11 of the Convention.

Article 12(b) and (c). Sound management of chemicals. The Committee notes the Government’s indication that section 5 of the National Solid Waste Management Authority Act, 1995 (No. 10 of 1995) empowers the National Solid Waste Management Authority to own, operate or otherwise provide for the management of hazardous wastes. The Committee requests the Government to provide information on how national legislation ensures that those who produce, import, provide, sell, transfer, store or dispose of chemicals used in agriculture comply with safety and health standards, and provide adequate and appropriate information to users (Article 12(b)). It also requests the Government to provide information on the manner in which the National Solid Waste Management Authority ensures the safe collection, recycling and disposal of chemical waste, obsolete chemicals and empty containers of chemicals so as to avoid their use for other purposes and to eliminate or minimize the risks to safety and health and to the environment (Article 12(c)).

Article 13. Preventive and protective measures in agriculture for the use of chemicals and handling of chemical waste at the level of the undertaking. The Committee notes the Government’s indication that there are no regulations giving effect to Article 13. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that there are preventive and protective measures for the use of chemicals and handling of chemical waste at the level of the undertaking.

Article 14. Animal handling and protection against biological risks. The Committee notes the Government’s indication that there are no regulations giving effect to Article 14 of the Convention. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that: (i) risks such as those of infection, allergy or poisoning are prevented or kept to a minimum when biological agents are handled, and (ii) activities involving animals, livestock and stabling areas, comply with national or other recognized health and safety standards.

Article 16. Young workers and hazardous work. The Committee notes that section E3 of the Labour Code prohibits people who have not attained the age of 14 from working in any private or public agricultural undertaking. In addition, the Committee notes the Government’s indication that an assessment was conducted in 2023 to determine the prevalence of child labour in Antigua and Barbuda and that, at the subsequent consultations held in June 2024, it was recommended that the country gives effect to a list of jobs deemed dangerous for persons below the age of 18. With reference to its comments under the Minimum Age Convention, 1973 (No. 138), the Committee requests the Government to take the necessary measures to ensure that children under 18 do not engage in hazardous work in agriculture (Article 16(1)), and that the types of employment or work in agriculture considered as hazardous are determined, after consultation with the representative organizations of employers and workers concerned (Article 16(2)). The Committee also requests the Government to provide information on any progress made in this regard.

Article 18. Pregnancy, breastfeeding and the reproductive health of women agricultural workers. The Committee notes the Government’s indication that there are no provisions giving effect to this Article of the Convention. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that the special needs of women agricultural workers are taken into account in relation to pregnancy, breastfeeding and reproductive health.

Article 19. Welfare and accommodation facilities. The Committee takes note that section D12 of the Labour Code sets out facilities that must be provided by employers to ensure the welfare of their workers. The Committee requests the Government to provide information on the measures taken or envisaged to: (i) ensure that welfare facilities are provided at no cost to the worker (Article 19(a)); and (ii) prescribe the minimum accommodation standards for workers who are required by the nature of the work to live temporarily or permanently in the undertaking (Article 19(b)).

Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

In order to provide a comprehensive view of the issues relating to the application of ratified occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine Conventions Nos 155 (OSH) and 161 (occupational health services), together.

Occupational Safety and Health Convention, 1981 (No. 155)

National policy

Articles 4, 5 and 7 of Convention No. 155. National OSH policy. The Committee notes the Government’s indication in its report that there are no new developments regarding the formulation of a national OSH policy. The Committee once again requests the Government to provide information on the measures taken or envisaged to formulate, implement and periodically review a coherent national policy on OSH in consultation with the most representative workers’ and employers’ organizations, considering the fields of action prescribed in Article 5 of Convention No. 155.

National system

Articles 11(a), (b), (e) and (f) and 15. Obligation of the authorities to ensure that certain functions are progressively carried out to give effect to the national policy. Coordination between the various authorities. Noting the absence of information in this regard, the Committee requests the Government to provide information on the measures taken to ensure that the functions referred to in Article 11 are progressively carried out, and in particular: Article 11(a) (determining conditions on workplace design, construction, layout, operation, and equipment safety), Article 11(b) (prohibition and control of certain processes and substances or agents), Article 11(e) (annual publication of information) and Article 11(f) (systems to assess the risks of chemical, physical, and biological agents). It also requests the Government to provide information on the arrangements adopted to ensure coordination between authorities and bodies.

Articles 13 and 19(f). Protection of a worker who has removed themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health from undue consequences. The Committee once again requests the Government to take the necessary measures to ensure protection against undue consequences of workers who have removed themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health and to ensure that such workers are not required to return to work situations while the imminent and serious danger is continuing.

Article 17. Measures to ensure that two or more enterprises which engage in activities simultaneously at one workplace collaborate in applying the requirements of the Convention. The Committee notes the Government’s indication that there are no new developments regarding the implementation of Article 17 of Convention No. 155. The Committee once again requests the Government to take the necessary measures in law and in practice, to ensure collaboration in applying the requirements of Convention No. 155 whenever two or more undertakings engage in activities simultaneously at one workplace.

Action at the level of the undertaking

Articles 19(a)–(e) and 20. Arrangements made at the level of the undertaking ensuring suitable conditions for all aspects of cooperation between employers, workers and their representatives. The Committee notes the Government’s indication that the Ministry of Labour will receive assistance from the Canadian Ministry of Employment and Social Development in establishing workplace health and safety committees. The Committee requests the Government to continue to provide information on the measures taken or envisaged, in law and in practice, to give effect to Articles 19(a)–(e) and 20 of Convention No. 155. The Committee further requests the Government to provide information on any progress made in the implementation of workplace health and safety committees.

Occupational Health Services Convention, 1985 (No. 161)

Measures to implement the Convention. In its previous comments, the Committee noted that no measures had been taken regarding the application of this Convention, and that there were no distinct occupational health services in the country with preventive functions responsible for advising employers. The Committee notes the Government’s indication that there are no new developments regarding the provision of occupational health services in the country. In this context, the Committee once again urges the Government to take the necessary measures to ensure that full effect is given to the provisions of this Convention. It further requests the Government to provide detailed information on any measures taken or envisaged in this regard.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 12 of the Convention. Measures required to ensure that the obligations of those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use, are carried in the specified manner. The Committee once again requests the Government to provide information on the measures taken to ensure that full effect, in law and in practice, is given to this Article of the Convention.

Article 14. Measures to promote the inclusion of questions of OSH and the working environment at all levels of education and training. The Committee once again requests the Government to provide information on measures taken to promote questions of occupational health and safety and the working environment at all levels of education and training, including higher technical, medical and professional education.

Article 16. Action at the level of the undertaking. The Committee previously noted that sections D13(1)(g) and D13(1)(h) of the Labour Code prescribe controlling measures to be taken by employers in respect of work being carried out with white phosphorous and benzene. Noting an absence of further information in this respect, the Committee once again requests the Government to provide information on employers’ obligations to take measures ensuring that other chemicals, as well as physical and biological substances or agents under their control, are without risk to health when appropriate measures are taken.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

In order to provide a comprehensive view of the issues relating to the application of ratified occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine Conventions Nos 155 (OSH) and 161 (occupational health services) together.

General provisions

Occupational Safety and Health Convention, 1981 (No. 155)

Legislation. In its previous comments, the Committee noted the Government’s intention to adopt new OSH legislation and to repeal Division D of the Labour Code (No. 14 of 1975) (Cap. 27) concerning employment health, safety and welfare. In this respect, the Committee notes the Government’s indication in its report that no legislative measures or other measures have been taken regarding the application of this Convention. The Committee requests the Government to provide detailed information on any developments regarding its intention to adopt new OSH legislation. It further requests the Government to take the Committee’s comments below into account in the context of any reform of its OSH legislation, and to take the necessary measures to ensure that full effect is given to the provisions of this Convention. The Committee requests the Government to provide detailed information on any measures taken or envisaged in this regard.

Articles 4, 5, 7, 11(a), (b), (e) and (f) and 15 of the Convention. Formulating and implementing a national policy on OSH. The Committee previously noted that the Government had not yet taken any measures to formulate or implement a coherent national policy on OSH. The Committee once again requests the Government to provide information on the measures taken or envisaged to formulate, implement and periodically review a coherent national policy on OSH and the working environment in consultation with the most representative workers’ and employers’ organizations, taking into account the fields of action prescribed in Article 5, and ensuring that the functions referred to in paragraphs a, b, e and f of Article 11 are progressively carried out, and that the institutional arrangements referred to in Article 15 are made.

Articles 13 and 19(f). Protection from undue consequences of a worker who has removed themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health. The Committee previously noted that the national legislation was silent on the issues regulated in Articles 13 and 19(f) of the Convention. The Committee requests the Government to take the necessary measures to ensure protection against undue consequences for workers who have removed themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health and to ensure that such workers are not required to return to work situations while the imminent and serious danger is continuing.

Article 17. Measures to ensure that two or more enterprises which engage in activities simultaneously at one workplace collaborate in applying the requirements of the Convention. The Committee previously noted that there are no provisions in national legislation giving effect to this Article of the Convention. The Committee requests the Government to take the necessary measures in law and in practice, to ensure collaboration in applying the requirements of this Convention whenever two or more undertakings engage in activities simultaneously at one workplace.

Article 19(a)–(e). Arrangements made at the level of the undertaking ensuring suitable conditions for all aspects of cooperation between employers, workers and their representatives, consultations with them and their training. The Committee once again requests the Government to indicate the measures taken, in law and in practice, to give effect to Article 19(a)–(e) of the Convention.

Article 20. Cooperation between management and workers and/or their representatives within the undertaking. The Committee once again requests the Government to provide further information on the measures taken to give effect to Article 20 of the Convention.

Application in practice. Noting an absence of information in this respect, the Committee once again requests once again the Government to provide information on the application in practice of the Convention, including information on the number, nature and causes of occupational accidents and cases of diseases reported.

Occupational Health Services Convention, 1985 (No. 161)

Measures to implement the Convention. In its previous comments, the Committee requested the Government to provide information on whether occupational health services had been established by collective agreements or as otherwise agreed upon by the employers and workers concerned, or in any other manner approved by the competent authority after consultation with the representative organizations of employers and workers concerned. The Committee notes with concern the Government’s indication that no legislative measures or other measures have been taken regarding the application of this Convention, and that there are no distinct OSH services in the country with preventive functions that are responsible for advising employers. The Committee also notes the Government’s statement that, where OSH incidents arise, the persons concerned generally seek assistance from local practitioners. Recalling that the establishment of occupational health services can be provided through laws or regulations; by collective agreements or as otherwise agreed upon by the employers and workers concerned; or any other manner approved by the competent authority after consultation with the representative organizations of employers and workers concerned, the Committee urges the Government to take the necessary measures to ensure that full effect is given to the provisions of this Convention in the near future. It further requests the Government to provide detailed information on any measures taken or envisaged in this regard.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee welcomes the information in the Government’s report indicating that a national policy on occupational safety and health is currently being developed. The Committee notes the intention to repeal Division D of the Labour Code (No. 14 of 1975) (Cap. 27), concerning employment health, safety and welfare, which is to be replaced with new occupational safety and health legislation. The Committee hopes that this new legislation will take into account the provisions of the Convention and asks the Government to provide detailed information on the application of the Convention, in law and in practice, in its next report.

Application in practice. The Committee welcomes the statistical records – disaggregated by gender, industry and violation – provided in relation to visits by the labour inspection unit in 2009 and 2010. The Committee notes that there has been a decrease in the number of visits in 2010 and that the highest number of violations relate to safety protection and first aid. The Committee asks the Government to provide further information on the apparent decrease in the number of labour inspection visits carried out and to continue to provide information on the practical application of the Convention in the country.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee welcomes the information in the Government’s report indicating that a national policy on occupational safety and health is currently being developed. The Committee notes with interest the intention to repeal Division D of the Labour Code (No. 14 of 1975) (Cap. 27), concerning employment health, safety and welfare, which is to be replaced with new occupational safety and health legislation. The Committee hopes that this new legislation will take into account the provisions of the Convention and asks the Government to provide detailed information on the application of the Convention, in law and in practice, in its next report.

Part V of the report form. Application of the Convention in practice. The Committee welcomes the statistical records – disaggregated by gender, industry and violation – provided in relation to visits by the labour inspection unit in 2009 and 2010. The Committee notes that there has been a decrease in the number of visits in 2010 and that the highest number of violations relate to safety protection and first aid. The Committee asks the Government to provide further information on the apparent decrease in the number of labour inspection visits carried out and to continue to provide information on the practical application of the Convention in the country.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the information that there are no new legislative or other measures affecting the application of the Convention. It also notes the information that the Government is in the process of examining the CARICOM Model Legislation on Occupational Safety and Health (OSH) with a view to formulating a national policy that would cover all categories of workers. It also notes the information that, in practice, there is cooperation between employer and workers representatives through collective bargaining. With reference to the recently adopted Plan of Action (2010–16) to achieve widespread ratification and effective implementation of the key instruments in the area of occupational safety and health, the Occupational Safety and Health Convention, 1981 (No. 155), its 2002 Protocol and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) (Doc. GB307/10/2 (Rev.)), the Committee would like to bring to the Government’s attention that under this Plan of Action, the Office is available to provide assistance to governments, as appropriate, to bring their national law and practice into conformity with these key OSH Conventions in order to promote their ratification and effective implementation. The Committee invites the Government to keep it informed of any developments in relation to the ongoing review of the national system of OSH and to inform the Office of any needs it may have for assistance from the ILO in this respect.

Articles 1 and 2 of the Convention. Scope of application, and Article 3 Definitions. With reference to its previous comment on these provisions, the Committee notes the statement by the Government that while the current Antigua and Barbuda Labour Code only covers non-established government workers and the private sector, it does cover the “workplace”. It further notes the statement that in situations where civil servants are injured at the workplace, the Cabinet has the discretionary right to decide whether the injured worker will receive benefits or not. The Committee finally notes that the Government indicates that issues will be examined in the context of the ongoing review mentioned above. The Committee hopes that the scope of any future legislation on OSH in the country will comply with Articles 1–3 of the Convention. The Committee requests the Government to provide any new information on this issue as soon as it will be available.

As the Government’s report was silent as to any further developments, the Committee expresses the hope that in the context of the abovementioned ongoing review of the national OSH system in the country, measures will be taken to ensure that this Convention is fully implemented and that due account is taken of the Committee’s previous comments which read as follows.

Articles 4, 5, 7, 11(a), (b), (e) and (f) and 15. Formulating and implementing a national policy on OSH. The Committee notes the information that the Government has not yet taken any measures to formulate, implement and review a coherent national policy on OSH, in accordance, inter alia, with Article 4 and related provisions of the Convention. The Committee requests the Government to provide information on measures taken or envisaged to formulate, implement and periodically review a coherent national policy on OSH and the working environment in consultation with the most representative workers’ and employers’ organizations, in the main fields of action prescribed in Article 5 and to ensure the progressive development of the functions referred to in paragraphs a, b, e and f of Article 11, and the institutional arrangement referred to in Article 15.

Article 10. Measures taken to provide guidance to employers and workers. The Committee notes that the Government refers to sections D9 and 14 of the Labour Code concerning employers’ and workers’ obligations at a workplace. The Committee notes that these provisions do not provide for measures to be taken to provide guidance to employers and workers so as to help them to comply with legal obligations. The Committee requests the Government to indicate the effect given, in law and in practice, to Article 10 concerning guidance and advice to employers and workers to help them comply with relevant legal obligations concerning OSH.

Article 12. Measures required to ensure that the obligations of those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use, are carried in the specified manner. The Committee notes that although the Government refers to the Labour Code in this respect, the referenced legislation is silent as regards the issues referred to in this Article. The Committee requests the Government to provide information on the measures taken to ensure that full effect, in law and in practice, is given to this Article of the Convention.

Articles 13 and 19(f). Protection from undue consequences of a worker who has removed himself from a work situation which he has reasonable justification to believe presents an imminent and serious danger to his life or health. The Committee notes that the referenced legislation is silent on the issues regulated in these Articles. The Committee requests the Government to indicate how effect is given to the requirements which ensure protection against undue consequences of workers who have removed themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health and ensuring that such workers are not required to return to such work situations while the imminent and serious danger is continuing.

Article 14. Measures to promote the inclusion of questions of OSH and the working environment at all levels of education and training. The Committee notes the information that the Labour Department had recently organized a workshop with the aid of the Organization of American States (OAS) Office for all labour inspectors and all the key stakeholders in OSH. It also notes that the Labour Department is in the process of planning activities to sensitize the public on the importance of OSH. The Committee requests the Government to provide information on measures taken to promote questions of occupational health and safety and the working environment at all levels of education and training, including higher technical, medical and professional education.

Article 16. Action at the level of the undertaking. The Committee notes that sections D13(1)(1)(g) and D13(1)(h) of the Labour Code prescribe controlling measures to be taken by employers in respect of work being carried out with white phosphorous and benzene. The Committee requests the Government to provide information on employers’ obligations to take measures ensuring that other chemicals, as well as physical and biological substances or agents under their control, are without risk to health when appropriate measures are taken.

Article 17. Measures to ensure that two or more enterprises which engage in activities simultaneously at one workplace collaborate in applying the requirements of the Convention. The Committee notes the information that there are no provisions giving effect to this Article of the Convention. The Committee requests the Government to provide further information on measures taken, in law and in practice, to ensure collaboration in applying the requirements of this Convention whenever two or more undertakings engage in activities simultaneously at one workplace.

Article 19(a)–(e). Arrangements made at the level of the undertaking ensuring suitable conditions for all aspects of cooperation between employers, workers, their representatives, consultations with them and their training. The Committee notes that the reference to the Labour Code is silent as regard the issues regulated in this Article of the Convention. The Committee requests the Government to indicate the measures taken, in law and practice, to give effect to these provisions of the Convention.

Article 20. Cooperation between management and workers and/or their representatives within the undertaking. The Committee notes that the Government states that the Labour Code sets the standard that both employers and employees must follow but that it is silent as regards the issue regulated in this Article. The Committee requests the Government to provide further information on measures taken to give effect to this Article of the Convention.

Part V of the Report Form. Application in practice. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in the country and attach extracts from inspection reports and, where such exists, information on the number of workers covered by the legislation, the number and nature of the contraventions reported, their number, nature and cause of the accidents reports etc.

[The Government is asked to report in detail to the present comments in 2012.]

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Articles 1 and 2 of the Convention. Scope of application. Article 3. Definitions. The Committee notes the information provided that the occupational safety and health provisions in Cap. 27 Division “D” of the Labour Code only applies to the private sector and that certain public employees including the police and the armed forces are governed by the special legislation including the Police Act and Regulations, the Civil Service Act and Regulations and the Defence Force Acts, respectively. The Committee notes however that the referenced legislation does not contain any provisions on occupational safety and health (OSH) giving effect to these Articles of the Convention. The Committee requests the Government to clarify measures taken to give effect to the Convention as regards public employees. It also requests the Government to provide information on definitions used for the purpose of the Convention in accordance with Article 3.

Articles 4, 5, 7, 11, paragraphs (a), (b), (e) and (f), and Article 15. Formulating and implementing a national policy on OSH. The Committee notes the information that the Government has not yet taken any measures to formulate, implement and review a coherent national policy on OSH in accordance, inter alia, with Article 4 and related provisions of the Convention. The Committee requests the Government to provide information on measures taken or envisaged to formulate, implement and periodically review a coherent national policy on OSH and the working environment in consultation with the most representative workers’ and employers’ organizations, in the main fields of action prescribed in Article 5 and to ensure the progressive development of the functions referred to in paragraphs (a), (b), (e) and (f) of Article 11 and the institutional arrangement referred to in Article 15.

Article 10. Measures taken to provide guidance to employers and workers. The Committee notes that the Government refers to sections D9 and 14 of the Labour Code concerning employers’ and workers’ obligations at a workplace. The Committee notes that these provisions do not provide for measures to be taken to provide guidance to employers and workers so as to help them to comply with legal obligations. The Committee requests the Government to indicate the effect given, in law and in practice, to Article 10 concerning guidance and advice to employers and workers to help them comply with relevant legal obligations concerning OSH.

Article 12. Measures required to ensure that the obligations of those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use, are carried out in the specified manner. The Committee notes that although the Government refers to the Labour Code in this respect, the referenced legislation is silent as regards the issues referred in this Article. The Committee requests the Government to provide information on the measures taken to ensure that full effect, in law and in practice, is given to this Article of the Convention.

Articles 13 and 19(f). Right to removal. The Committee notes that the referenced legislation is silent on the issues regulated in these Articles. The Committee requests the Government to indicate how effect is given to the requirements which ensure protection against undue consequences of workers who have removed themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health and ensuring that such workers are not required to return to such work situations while the imminent and serious danger is continuing.

Article 14. Measures to promote the inclusion of questions of OSH and the working environment at all levels of education and training. The Committee notes the information that the Labour Department had recently organized a workshop with the aid of the office of the Organization of American States for all labour inspectors and all the key stakeholders in OSH. It also notes that the Labour Department is in the process of planning activities to sensitize the public on the importance of OSH. The Committee requests the Government to provide information on measures taken to promote questions of OSH and the working environment at all levels of education and training, including higher technical, medical and professional education.

Article 16. Action at the level of the undertaking. The Committee notes that sections D13(1)(1)(g) and D13(1)(h) of the Labour Code prescribe controlling measures to be taken by employers in respect of work being carried out with white phosphorous and benzene. The Committee requests the Government to provide information on employers’ obligations to take measures ensuring that other chemicals as well as physical and biological substances or agents under their control are without risk to health when appropriate measures are taken.

Article 17. Collaboration in complying with the requirements of this Convention when two or more enterprises engage in activities simultaneously at one workplace. The Committee notes the information that there are no provisions giving effect to this Article of the Convention. The Committee requests the Government to provide further information on measures taken, in law and in practice, to ensure collaboration in applying the requirements of this Convention whenever two or more undertakings engage in activities simultaneously at one workplace.

Article 19, paragraphs (a) to (e). Arrangements made at the level of the undertaking ensuring suitable conditions for all aspects of cooperation between employers, workers, their representatives, consultations with them and their training. The Committee notes that the Labour Code is silent as regards the issues regulated in this Article of the Convention. The Committee requests the Government to indicate the measures taken, in law and in practice, to give effect to these provisions of the Convention.

Article 20. Cooperation between management and workers and their representatives within the undertaking. The Committee notes the Government’s statement that the Labour Code sets the standard that both employers and employees must follow but that it is silent as regards the issue regulated in this Article. The Committee requests the Government to provide further information on measures taken in law and in practice to give effect to this Article of the Convention.

Part V of the report form. Application in practice. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in the country and attach extracts from inspection reports and, where such exists, 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 reported etc.