Individual Case (CAS) - Discussion: 1990, Publication: 77th ILC session (1990)

The Government has supplied the following information:

The recently reconstituted National Advisory Committee on Labour would give serious consideration to the application of this Convention during the course of its deliberations with a view to bringing the legislation into conformity with the provisions of the Convention.

In addition, a Government representative stated that consultations with the ministries and sectors concerned were still going forward and the results would be taken into consideration by the Tripartite National Advisory Committee on Labour so as to give effect to the Convention in agriculture, forestry, road and rail transport, and shipping. However, these consultations were proceeding more slowly than had originally been expected. It was not clear from the definition of the world "factories" under the Factory Act whether this term also included factories in the sectors concerned as regards the guarding of machinery. The Government was seeking legal advice on the application of the Convention to these sectors, with a view to bringing legislation into conformity with the provisions of the Convention.

The Employers' members pointed out that the question of extending the regulations on guarding machinery to the sectors in question, which were included in the scope of the Convention, had been the subject of comments for a number of years. They hoped that conclusions would be reached rapidly and wondered if the Government decision to take legal advice as to whether such an extension could be applied to these sectors was not a step backward.

The Workers' members stated that they were disturbed by the written comments submitted by the Government according to which the Tripartite National Consultative Committee on Labour would carry out an in-depth review of the question. The Committee of Experts' report showed that the Government had subsequently included the same comments in its report on the application of the Convention. While not questioning the good intentions of the Government, they pointed out that the problem had existed for more than 20 years, and this state of affairs was not denied by the Government. They stressed that the measures required for remedying the situation should be taken as quickly as possible.

The Committee took due note of the explanations given by the Government. It expressed the wish that the Government would soon be in a position to report in detail on the action taken to bring legislation and practice into conformity with the Convention.

Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 115 (radiation protection), 119 (guarding of machinery), 120 (hygiene (commerce and offices)), 148 (air pollution, noise and vibration), and 184 (safety and health in agriculture) together.

Legislative reform and policy developments. In its previous comments, the Committee noted the Government’s reference to the development of a draft OSH Bill and draft OSH policy. The Committee notes in this regard that, according to the report of the Government, the reform is still ongoing and a number of points in the Committee’s previous comments would be dealt with in the context of the draft OSH Bill. The Government also indicates that tripartite consultations have taken place in this context. The Committee once again requests the Government to take into account the Committee’s comments in the context of its legislative reform, and to continue to provide information on the progress achieved in this regard.

Application of Conventions Nos 115, 119, 120, 148 and 184 in practice. The Committee notes the information provided by the Government on the 3,520 inspection visits conducted between 2021 and June 2024, which uncovered 207 labour law violations, including 38 violations for failing to provide safety equipment. The Government also indicates that there have been 302 accidents reported in 2024 at the time of the report. The Committee notes that the main types of occupational accidents recorded between 2021 and 2024, as listed by the Government, are those caused by machines, by chemicals, motor traffic accidents, and industrial accidents. The Committee requests the Government to continue to provide information on the application in practice of the Conventions, including on the number of occupational accidents and cases of occupational disease recorded as well as their causes. Noting the statistics provided, the Committee requests the Government to indicate the measures taken to decrease the number of occupational accidents involving machines, motor vehicles and chemicals, as well as other industrial accidents.

Protection against specific risks

Radiation Protection Convention, 1960 (No. 115)

Article 13(a) and (d) of the Convention. Duty to provide an appropriate medical examination and required remedial action based on technical findings and medical advice. Following its previous comments on this matter, the Committee notes the Government’s indication that, in accordance with the Workmen’s Compensation Act (PNDCL 187) of 1987, the employer is required to arrange for the employee to be medically examined by a medical practitioner, at no expense to the worker. The Committee notes that section 14 of the Workmen’s Compensation Act (PNDCL 187) of 1987 concerns medical examinations in the situation of an injury. The Committee requests the Government to indicate any other circumstances under which medical examinations are required because of the nature or degree of the exposure or a combination of both, and the measures ensuring that the employer shall take necessary remedial action on the basis of the technical findings and the medical advice.

Article 14. Discontinuation of assignment to work involving exposure to ionizing radiation pursuant to medical advice and alternative employment. Following its previous comments on the measures taken to give effect to this Article, the Committee notes the Government’s indication that employees are paid a retirement compensation subject to medical grounds, in situations where there are no vacancies or positions available in the establishment for a transfer. The Committee requests the Government to provide further information on the implementation of Article 14 in practice, with a view to ensuring that no worker shall be employed or shall continue to be employed in work with exposure to ionizing radiation contrary to qualified medical advice, including further information on measures for the provision of alternative employment.

Article 15. Inspection services. The Committee notes the Government’s indication that the Labour Department, the Department of Factories Inspectorate and the Ghana Standards Authority are mandated to carry out inspections in relation to the application of this Convention. The Committee observes that the annual Statistical Reports of the Ministry of Employment and Labour Relations of 2021 and 2022 contain information on the inspection activities of the Labour Department and of the Department of Factories, but do not contain specific information related to radiation work. In addition, the Committee notes that sections 71 to 74 of the Nuclear Regulatory Authority Act (No. 895), 2015, provide for the appointment of inspectors and their powers in relation to nuclear installations. The Committee requests the Government to provide information on the inspection visits conducted by the inspectors of the Nuclear Regulatory Authority, the Labour Department, the Department of Factories Inspectorate, and the Ghana Standards Authority in relation to work involving exposure to radiation, and on their results.

Guarding of Machinery Convention, 1963 (No. 119)

Articles 1 and 17 of the Convention. Scope of application. The Committee previously noted the provisions of the Factories, Offices and Shops Act, 1970, and the Mining Regulations, 1970, giving effect to the Convention in factories, offices, shops and in the mining sector. In this respect, the Committee notes that the Government reiterates its commitment to ensuring that all sectors will be considered, in the context of the draft OSH Bill. The Committee notes that the statistics provided by the Government include machines as one of the causes of reported accidents, which have overall increased from 1,043 accidents in 2022, to 1,337 in 2023. The Committee firmly hopes that measures, including the adoption of the OSH Bill, will be taken in the near future to ensure the application of this Convention in all branches of economic activity. The Committee requests the Government to provide information on the measures to address the rising number of accidents, and the measures taken in practice to ensure the application of this Convention in all sectors.

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Articles 4(2) and 8(1) of the Convention. Technical standards and establishing criteria for determining hazards. Following its previous comments on the ongoing process to adopt technical standards, the Committee notes the Government’s indication that technical standards will be finalized by the Ghana Standards Board and adopted as part of the OSH Bill. The Committee requests the Government to indicate the criteria established in this process for determining the hazards of exposure to air pollution, noise and vibration in the working environment, and to indicate the exposure limits fixed on the basis of those criteria.

Article 5. Consultations. In its previous comments, the Committee noted the Government’s reference to a tripartite body deliberating on issues related to the Convention. In the absence of any new information on this matter, the Committee once again requests the Government to provide information onthe nature of consultations held in the abovementioned tripartite body, and on any action taken as a result of those consultations.

Article 11. Medical examinations and alternative employment. Following its previous comments on the measures taken to give effect to Article 11, the Committee notes that the Government reiterates that prospective employees undergo pre-employment medical examinations at their own cost. The Government, however, indicates that regular medical examinations are provided at no cost to employees working in mining and hazardous environments, and that exit medical examinations are provided to such workers at the cost of the employer. The Committee once again recalls that, pursuant to Article 11(2), the medical supervision envisaged under Article 11(1) of the Convention, which includes a pre-assignment medical examination, shall be free of cost to the worker concerned. The Committee further observes an absence of information in response to its previous request concerning Article 11(3), on the transfer of workers to a suitable alternative employment or to maintain their income through social security or other measures, when continued assignment to work involving exposure to air pollution, noise or vibration is found to be medically inadvisable. The Committee once again requests the Government to indicate the measures taken to ensure that,where continued assignment to work involving exposure to air pollution, noise or vibration is found to be medically inadvisable, every effort shall be made to provide the worker concerned with suitable alternative employment or to maintain their income through social security measures or otherwise. The Committee also hopes that the draft OSH Bill, when adopted, will include specific provisions giving full effect to Article 11 of the Convention.

Article 12. Notification to the competent authority. Following its previous comments on the notification of the use of certain processes, substances, machinery and equipment to the Department of Factories Inspectorate, the Committee notes the Government’s indication that, during their registration or renewal, it is required to list substances, machinery and equipment used on the work premises in a form for submission to the Department of Factories Inspectorate. The Government further indicates that, upon inspection, recommendations for safe use are given to employers and workers, before the use of such substances, machinery and equipment. The Committee requests the Government to specify the processes, substances, machinery and equipment involving exposure of workers to occupational hazards in the working environment due to air pollution, noise or vibration, that are subject to this requirement of notification.

Protection in specific branches of activity

Safety and Health in Agriculture Convention, 2001 (No. 184)

Article 4(1) of the Convention. National policy on safety and health in agriculture. Following its previous comments on this matter, the Committee notes the Government’s indication that the Ghana Employers’ Association (GEA) has developed an OSH Management Guidelines for the agricultural sector, in consultation with stakeholders. The Committee nevertheless recalls that, under Article 4 of the Convention, Members shall formulate, carry out and periodically review a coherent national policy on safety and health in agriculture, in the light of national conditions and practice and after consulting the representative organizations of employers and workers concerned. In this regard, the Committee notes that the guidelines developed by the GEA indicate that the legal and policy framework currently regulating the management of OSH in Ghana is fragmented, with some overlaps. The Committee accordingly requests the Government to indicate the measures it has taken to formulate a coherent national policy on safety and health agriculture, and to provide information on the consultations that took place in this regard with the representative organizations of employers and workers concerned.

Article 5. Adequate and appropriate system of inspection. Following its previous comments, the Committee notes the Government’s statement that the labour inspectorate carries out inspections in all sectors, including the agricultural sector. In this regard, the Committee notes the Government’s indication that 145 inspection visits were carried out in the agricultural sector between 2021 and June 2024. The Committee requests the Government to provide further information on the activities of the labour inspectorate in the agricultural sector, including the manner in which the Government ensures that the labour inspectorate is provided with adequate means to carry out its duties in respect of agricultural workplaces.

Article 6(2). Cooperation between two or more employers in an agricultural workplace. In the absence of information on new measures taken in this regard, the Committee once again requests the Government to ensure, including in the context of the ongoing legislative reform on OSH, that whenever two or more employers undertake activities in an agricultural workplace, or one or more employers and one or more self-employed persons undertake activities, they shall cooperate in applying the safety and health requirements.

Article 7(a) and (c). Risk assessments and adoption of preventive and protective measures. Following its previous request concerning the measures taken to give effect to Article 7(a) and (c), the Committee notes the Government’s statement that it will include provisions in the draft OSH Bill regarding appropriate risk assessment and preventive and protection measures, as well as immediate steps to stop any operation where there is an imminent and serious danger to the safety and health of workers. The Committee requests the Government to take measures, including in the context of the ongoing legislative reform on OSH, 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 to ensure that under all conditions of their intended use, all agricultural activities, workplaces, machinery, equipment, chemicals, tools and processes under the control of the employer are safe (Article 7(a)); and (ii) 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. Rights and duties of workers in agriculture and their representatives. Following its previous comments on the measures taken to give effect to Article 8(1)(a), (2) and (4), the Committee notes that the OSH Management Guidelines developed by the GEA sets out various OSH and duties that workers should have, including to be informed and consulted on OSH matters, to participate in the application and review of OSH measures and, in accordance with national law and practice, to select OSH representatives and representatives in OSH. The Government also refers to a manual on OSH measures, developed by the General and Agricultural Workers Union (GAWU). The Committee also notes the Government’s indication that sensitisation programmes are organised in practice, and that tripartite consultations have taken place in the context of the draft OSH Bill. The Committee requests the Government to indicate the measures that it has taken or envisages to take to provide for the rights and duties under Article 8(1) and (2) in the context of its legislative reform on OSH.

Articles 9 and 10. Machine safety. In the absence of information, the Committee once again requests the Government to indicate the specific measures taken to: (i) prescribe that machinery, equipment, including personal protective equipment, appliances and hand tools used in agriculture, comply with national or other recognized safety and health standards and be appropriately installed, maintained and safeguarded (Article 9(1)); (ii) ensure that manufacturers, importers and suppliers comply with such standards and provide adequate and appropriate information to the users and, on request, to the competent authority (Article 9(2)); and (iii) ensure that workers receive and understand the safety and health information supplied by manufacturers, importers and suppliers (Article 9(3)). In addition, the Committee once again 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. Following its previous comments on this matter, the Committee notes the Government’s reference to the OSH Management Guidelines developed by the GEA and the manual developed by the General and Agricultural Workers Union. The Committee recalls, however, that Article 11 provides for the competent authority to establish the relevant safety and health requirements for the handling and transport of materials, after consulting the representative organizations of employers and workers concerned. Accordingly, the Committee once again requests the Government to provide information on any further measures taken, including in the context of the legislative OSH reform, to establish safety and health requirements for the handling and transport of materials (Article 11(1)); as well as measures taken to ensure that workers do not engage in the manual handling or transport of a load which by reason of its weight or nature is likely to jeopardize their safety and health (Article 11(2)).

Article 12. Sound management of chemicals. Following its previous comments on this matter, the Committee notes the information provided by the Government regarding the system of registration, classification, licensing and packaging of pesticides under the Environmental Protection Agency Act (No. 490) of 1994 (EPA Act). Under section 28(1) of the EPA Act, a person shall not import, export, manufacture, distribute, advertise, sell or use a pesticide unless the pesticide has been registered by the Agency. The EPA Act further contains provisions related to the classification of pesticides and their approval or refusal by the Environmental Protection Agency. Under section 50(2) of the EPA Act, where a container, label or packaging is prescribed by the Environmental Protection Agency, it is prohibited to manufacture, import, export, distribute, advertise or sell a registered pesticide other than in the package or container prescribed, or to alter the label of a pesticide so as to misrepresent its nature. In addition, the Committee notes the Government’s indication that the management of hazardous waste and expired chemicals is regulated under the Hazardous and Electronic Waste Control and Management Act (No. 917) of 2016 and the Hazardous, Electronic and Other Wastes (Classification) Control and Management Regulations 2016. The Committee takes note of this information, which addresses its previous request.

Article 13. Preventive and protective measures in agriculture for the use of chemicals and handling of chemical waste at the level of the undertaking. Following its previous comments, the Committee notes the information provided by the Government in relation to the clauses of the Good Agricultural Practices for Ghana (Ghana GAP) (GS 949-1:2011) applicable to the storage of pesticides and fertiliser, to workers’ protective clothing and equipment, to annual health checks, and to the disposal of empty pesticide containers and obsolete pesticides. The Committee further notes that section 44 of the EPA Act sets out safeguards for the use of pesticides, including that a person shall not require or permit an employee to handle or use a pesticide in the course of employment without providing and requiring the employee to use protective facilities and clothing that will permit the safe handling of pesticides. The Committee requests the Government to provide further information on the implementation in practice of provisions of the EPA Act and the Ghana GAP (GS 949-1:2011) concerning the safe handling of pesticides and the disposal of containers and chemical waste. The Committee also requests the Government to indicate any preventive and protective measures prescribed that concern agricultural activities leading to the dispersion of chemicals (Article 13(2)(b)).

Article 14. Animal handling and protection against biological risks. Following its previous comments, the Committee notes the Government’s indication that the Ghana Standards Authority has no health and safety standards concerning the handling of biological agents and that it will take the necessary steps to consider this in the future adoption of standards. The Committee requests the Government to take measures to ensure that risks are prevented or kept to a minimum when biological agents are handled, and activities involving animals, livestock and stabling areas, comply with national or other recognized health and safety standards. The Committee requests the Government to provide information on the developments in this regard.

Article 15. Agricultural installations. Following its previous comments requesting for information on the measures taken to apply Article 15, the Committee notes the Government’s indication that the Agriculture Engineering Services under the Ministry of Food and Agriculture are responsible for the construction, maintenance and repairing of agricultural installations that conform with national laws and regulations and safety and health requirements. The Committee requests the Government to specify the relevant national laws, regulations and safety and health requirements relevant to the construction, maintenance and repairing of agricultural installations.

Article 16. Young workers and hazardous work. Following its previous comments, in which it noted that the Government envisaged reviewing and updating the list of types of hazardous work under section 91 of the Children’s Act (No. 569) of 1998, the Committee notes the Government’s indication that the new list of hazardous works prohibited to young persons under 18 years of age has been developed, after consultations with social partners, and will be communicated once it has passed into law. With reference to its comment under the Worst Forms of Child Labour Convention, 1999 (No. 182), the Committee requests the Government to provide further information on the new list of hazardous works prohibited to young persons under 18 years of age, as well as any other measures taken to ensure that, in practice, children under 18 do not engage in hazardous work in agriculture (Article 16(1)).

Article 18. Pregnancy, breastfeeding and the reproductive health of women agricultural workers. Following its previous comments on the measures taken to give effect to this Article, the Committee notes that the Government refers to the existence of clauses in collective agreements, which include transferring pregnant women from work in environments involving harmful exposures to office schedules. The Committee also notes that the OSH Management Guidelines developed by the GEA recommend that systems and procedures should be put in place to ensure that pregnant or breastfeeding workers are not exposed to pesticides. The Committee requests the Government to provide further information on the measures taken 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 once again requests the Government to provide information on the measures taken to prescribe the minimum accommodation standards for workers who are required by the nature of the work to live temporarily or permanently in the undertaking, pursuant to Article 19(b) of the Convention.

Article 21. Coverage for occupational injuries and diseases. Following its previous comments on the measures taken to give effect to this Article, the Committee notes the Government’s statement that all workers, including those in the agricultural sector, benefit from the social security scheme provided under the Workmen’s Compensation Act (PNDCL 187) of 1987. The Committee takes note of this information, which addresses its previous request.

Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Articles 6(2) and 7(2) of the Convention. Dose limits in occupational exposure and dose limits for persons between 16 and 18 years of age. Following its long-standing comments on this matter, the Committee notes the Government’s indication that there are currently no set maximum permissible doses with respect to the lens of the eye for radiation workers, but that the Ghana Standards Authority will include provisions in this regard in its 2025 guidelines. The Committee also notes that according to the 2022 annual report of the Nuclear Regulatory Authority and its web page, the Nuclear Regulatory Authority is working on drafting regulations on various aspects relating to radiation work, including Basic Ionising Radiation Regulations that aim to set dose limits and address exposure to ionizing radiation arising from work activities and natural radiation. The Committee recalls paragraphs 11, 13, 32 and 34 of its 2015 general observation on Convention No. 115, in which it drew the Government’s attention to the most recent recommendations of the International Commission on Radiological Protection, indicating: (i) an equivalent dose to the lens of the eye for radiation workers of 20 mSv averaged over defined periods of five years, with no single year exceeding 50 mSv per year; and (ii) an equivalent dose to the lens of the eye of 20 mSv/year for students between the ages of 16 and 18 who use sources of radiation in the course of their studies. The Committee requests the Government to take the necessary measures to fix the maximum permissible doses with respect to the lens of the eye for radiation workers, and to revise the maximum permissible doses, in the light of current knowledge, for students between the ages of 16 and 18, in accordance with Articles 6(2) and 7 of the Convention. The Committee requests the Government to provide information on the measures taken in this regard, including on the development of any regulations by the Nuclear Regulatory Authority.

Article 8. Dose limits for workers not directly engaged in radiation work. Following its previous comments, in which it noted the Government’s indication that the effective dose limit for members of the public is of 5 mSv in a year, the Committee notes the Government’s indication that it has notified the Ghana Standards Authority to take the necessary measures to review those limits. The Committee notes that, according to section 5(b) of the Nuclear Regulatory Authority Act (No. 895), 2015, one of the functions of the Nuclear Regulatory Authority is to regulate the introduction of radiation sources, nuclear materials, equipment or practices that expose workers, patients, the public and the environment to radiation. The Committee also recalls paragraphs 14 and 35 of its 2015 general observation, in which it drew the Government’s attention to the most recent recommendations of the International Commission on Radiological Protection, indicating that the dose limits for workers not directly engaged in radiation work are those to be applied to members of the public, particularly an annual effective dose limit of 1 mSv. The Committee requests the Government to take the necessary measures to review the maximum permissible doses for workers not directly engaged in radiation work, in the light of current knowledge, and to indicate the measures taken in this regard, including information on the development of regulations by the Nuclear Regulatory Authority.

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

Direct Request (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 119 (machine safety) and 184 (occupational safety and health in agriculture) together.

Ongoing legislative reform and policy development. The Committee notes the Government’s reference, in its report submitted under Convention No. 119, to an ongoing legislative reform on OSH. It notes in this respect that both a draft OSH Bill and a draft OSH policy have been developed. The Committee requests the Government to take into account the Committee’s comments below in the context of its ongoing legislative reform and ongoing policy development processes. It requests the Government to provide a copy of the OSH Act and the OSH policy, once adopted.

Guarding of Machinery Convention, 1963 (No. 119)

Articles 1 and 17 of the Convention. Scope of application. The Committee previously noted the provisions of the Factories, Offices and Shops Act, 1970, and the Mining Regulations, 1970, giving effect to the Convention in factories, offices, shops and in the mining sector.

The Committee notes that the Government repeats its previous statement that it is taking all necessary steps to ensure the guarding of machinery in all sectors of economic activity, especially in agriculture, forestry, road and rail transport and shipping, to safeguard the safety of workers in these sectors. The Government reiterates in this respect that the need to apply the Convention in these sectors will be taken up in the revision of the legislation on OSH in due course. The Committee urges the Government to take the necessary measures, including in the context of the ongoing legislative reform on OSH, to ensure the application of the Convention to all sectors of economic activity. It requests the Government to provide information on the measures taken in this respect.

Safety and Health in Agriculture Convention, 2001 (No. 184)

The Committee notes the Government’s first report.

Article 4(1) of the Convention. National policy on safety and health in agriculture. The Committee notes the Government’s indication in its report that the Labour Act (No. 651) of 2003 gives effect to the provisions of the Convention. The Committee also notes that the draft OSH Bill foresees the establishment of a National Commission on Occupational Safety and Health, which will include a committee on agriculture. The Committee requests the Government to pursue its efforts with respect to the formulation and implementation of a coherent national policy on safety and health in agriculture, after consultation of the representative organizations of employers and workers concerned. It also requests the Government to provide information on the measures taken to periodically review the national policy, once implemented.

Article 5. Adequate and appropriate system of inspection. The Committee notes the Government’s indication that the Labour Department and Department of Factories Inspectorate ensure the prevention of occupational accidents and injuries to health arising out of, and in the course of, employment. It notes in this respect the detailed information contained in the Statistical Report of the Minister of Employment and Labour Relations of 2016, published on the Government’s website in August 2017, related to the inspection activities of the Labour Department and the Department of Factories Inspectorate. This data, disaggregated by sector, does not contain information on any labour inspection visits conducted in the agricultural sector. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that an adequate and appropriate system of inspection for agricultural workplaces is in place and is provided with adequate means.

Article 6(2). Cooperation between two or more employers in an agricultural workplace. The Committee requests the Government to take the necessary measures, including in the context of the ongoing legislative reform on OSH, to ensure that whenever two or more employers undertake activities in an agricultural workplace, or one or more employers and one or more self-employed persons undertake activities, they shall cooperate in applying the safety and health requirements.

Article 7. Risk assessments and adoption of preventive and protective measures. The Committee notes that section 118(c) of the Labour Act requires the employer to provide the necessary information, instructions, training and supervision to workers having regard to their age, literacy level and other circumstances, to ensure, so far as is reasonably practicable, their health and safety at work, in accordance with Article 7(b) of the Convention. The Committee requests the Government to provide information on the measures taken, including in the context of the ongoing legislative reform on OSH, 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 to ensure that under all conditions of their intended use, all agricultural activities, workplaces, machinery, equipment, chemicals, tools and processes under the control of the employer are safe, in accordance with Article 7(a); and (ii) 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, in accordance with Article 7(c).

Article 8. Rights and duties of workers in agriculture and their representatives. The Committee notes that section 10 of the Labour Act, providing that the rights of a worker include the right to receive information relevant to his or her work, gives partial effect to Article 8(1)(a). Section 118(3), providing that it is the obligation of every worker to use safety appliances, firefighting equipment and personal protective equipment provided by the employer in compliance with the employer’s instructions, gives partial effect to Article 8(2). The Committee requests the Government to provide information on the measures taken to ensure that workers in agriculture have the right to be consulted on safety and health matters including risks from new technologies, in accordance with Article 8(1)(a). It also requests further information on measures taken to provide that workers in agriculture and their representatives have the duty to comply with the prescribed safety and health measures and to cooperate with employers in order for the latter to comply with their own duties and responsibilities, in accordance with Article 8(2)). Lastly, the Committee requests the Government to provide information on the consultations held with the social partners in the establishment of procedures in this respect, in accordance with Article 8(4) of the Convention.

Articles 9 and 10. Machine safety. The Committee notes the Government’s indication that the national legislation does not contain any provisions covering Article 10(a), although employers are required to comply with manufacturers’ manuals. The Committee also notes the Government’s reference to the Driver and Vehicle Licensing Authority Act regarding the operation of vehicles. With reference to its comments above concerning Convention No. 119, the Committee requests the Government to provide information on the measures taken: (i) to prescribe that machinery, equipment, including personal protective equipment, appliances and hand tools used in agriculture, comply with national or other recognized safety and health standards and be appropriately installed, maintained and safeguarded (Article 9(1)); (ii) to ensure that manufacturers, importers and suppliers comply with such standards and provide adequate and appropriate information to the users and, on request, to the competent authority (Article 9(2)); and (iii) to 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 that pursuant to section 118(2)(b) of the Labour Act, the employer shall ensure the safety and absence of risks to health with regard to the use, handling, storage and transport of articles and substances. It also notes that section 7(1) of the Labour Regulations (L.I. No. 1833) of 2007 provides that young persons shall not be employed in work involving manual lifting of loads exceeding 25 kilograms. The Committee requests the Government to provide information on any further measures taken to establish safety and health requirements for the handling and transport of materials, (Article 11(1)); as well as measures taken to ensure that workers do not engage in the manual handling or transport of a load which by reason of its weight or nature is likely to jeopardize their safety and health (Article 11(2)).

Article 12. Sound management of chemicals. The Committee notes the Government’s indication that the Ghana Standards Authority (GSA) and the Food and Drugs Authority (FDA) are responsible for the establishment of specific criteria for the importation of chemicals used in agriculture and that the inspectorate division of the Environmental Protection Agency (EPA) is responsible for the system for the safe collection, recycling and disposal of chemical waste. The Committee requests the Government to provide further information on: (i) the system establishing specific criteria for the importation, classification, packaging and labelling of chemicals used in agriculture and for their banning or restriction (Article 12(a)); and (ii) the measures taken to ensure 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 the users (Article 12(b)). It also requests the Government to provide further information on the manner in which the system established by the EPA 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, in accordance with Article 12(c) of the Convention.

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 that the Government indicates that the FDA, the EPA, the Ministry of Food and Agriculture and the GSA are responsible for preventive and protective measures for the use of chemicals and the handling of chemical waste at the level of the undertaking. The Committee requests the Government to provide further detailed information on the preventive and protective measures adopted in this regard, in particular in relation to Article 13(2)(a), (b), (c) and (d).

Article 14. Animal handling and protection against biological risks. The Committee notes the Government’s indication that effect is given to Article 14 of the Convention by: the by-laws of the District Assembly, the Labour Department and the Factories Inspectorate during inspections, and the Ministry of Food and Agriculture. The Committee requests the Government to provide further information on the measures taken or envisaged to ensure that risks are prevented or kept to a minimum when biological agents are handled, and activities involving animals, livestock and stabling areas, comply with national or other recognized health and safety standards.

Article 15. Agricultural installations. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that the construction, maintenance and repairing of agricultural installations are in conformity with national laws, regulations and safety and health requirements.

Article 16. Young workers and hazardous work. The Committee notes that, under section 91 of the Children’s Act (No. 569) of 1998, the minimum age for hazardous work is 18 years. Section 91(3) provides that hazardous work includes, inter alia, porterage of heavy loads and work in places where machines are used. The Committee also recalls that in its comments under the Worst Forms of Child Labour Convention, 1999 (No. 182), it noted that the Government envisaged reviewing and updating the list of types of hazardous work under section 91, and that a new list of hazardous work had been finalized in the cocoa sector within the framework of the National Programme for the Elimination of Worst Forms of Child Labour in the cocoa industry. The Committee requests the Government to provide further information on the measures taken or envisaged to ensure that children under 18 do not engage in hazardous work in agriculture (Article 16(1)), as well as on the determination of the types of employment or work in agriculture considered as hazardous, after consultation with the representative organizations of employers and workers concerned (Article 16(2)).

Article 18. Pregnancy, breastfeeding and the reproductive health of women agricultural workers. 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 notes that section 118(2)(f) and (g) of the Labour Act gives effect to Article 19(a). The Committee requests the Government to provide information on the measures taken to prescribe the minimum accommodation standards for workers who are required by the nature of the work to live temporarily or permanently in the undertaking, pursuant to Article 19(b) of the Convention.

Article 21. Coverage for occupational injuries and diseases. The Committee requests the Government to provide information on the measures taken or envisaged to provide coverage by insurance or social security schemes to agricultural workers at least equivalent to that enjoyed by workers in other sectors for fatal and non-fatal occupational injuries and diseases, as well as against invalidity and other work-related health risks.

Application in practice. The Committee requests the Government to provide information on the manner in which the Convention is applied in practice and, where such statistics exist, information on the number of workers covered by the relevant legislation, the number and nature of infringements reported and the number, nature and cause of occupational accidents and diseases recorded.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Articles 4(2) and 8(1) of the Convention. Technical standards and establishing criteria for determining hazards. Referring to its previous comments, the Committee notes the Government’s indication that no technical standard or code of practice has been adopted. It notes that the Government reiterates that the process of adopting technical standards on occupational hazards, including air pollution, noise and vibration in collaboration with Ghana Standards Board, is ongoing. The Government also reiterates that sections 23, 25 and 26 of the Factories, Offices and Shops Act No. 328 of 1970 (Act No. 328) provide other appropriate methods to minimize and control hazards at work. The Committee hopes that appropriate technical standards regulations on occupational hazards will be adopted in the near future. It requests the Government to supply copies of the regulations, once adopted.

Article 5. Consultations. In its previous comments, the Committee noted that Act No. 328 was in the process of being amended and that the draft bill seeks to impose a duty on the employer to establish safety and health committees. The Committee notes that, in its report, the Government refers to a tripartite body comprising employer, worker representatives and the Government, which deliberate on issues related to the Convention, but no longer refers to the above draft bill. The Committee requests the Government to indicate whether the Factories, Offices and Shops Act of 1970 is still in the process of being amended. The Committee also requests the Government to provide further information on the consultations held in the above tripartite body, and the action taken as a result of these consultations.

Article 11. Medical examinations and alternative employment. The Committee noted in its 2007 comment that under section 19(1) and (2) of the Labour Regulation 2007 (L.I. 1833), an employer shall not permanently engage an employee in any work unless a recognized medical practitioner certifies at pre-medical examination that the employee is in good health and is medically fit for the work assigned to the employee, and an employee who works in hazardous situations such as contact with fumes and gaseous substances shall undergo a periodic medical examination once in a year. It also noted that, according to the Government, prospective employees are required to undergo a medical examination at their own cost. In addition, in its previous comment, the Committee noted the Government’s statement that national law does not regulate the provision of suitable alternative employment for workers required to discontinue their work involving exposure to air pollution and noise and does not provide for any measures to ensure that workers required to discontinue their work are able to maintain their income. The Committee recalls that, under Article 1(1) of the Convention, medical examinations shall be undergone not only by workers exposed to occupational hazards due to air pollution, but also to noise or vibration, and under paragraph 2, such supervision shall be free of cost for the worker concerned. It also recalls the obligation to make efforts to provide the worker with suitable alternative employment or to maintain his/her income otherwise, in the circumstances described in paragraph 3. The Committee therefore requests the Government to provide information on the measures taken or envisaged to give full effect in law and practice to Article 11(1) to (3) of the Convention.

Article 12. Notification to the competent authority. With reference to its previous comments, the Committee notes the Government’s indication that at workplaces covered by Act No. 328, the competent authority is the Department of Factories Inspectorate under the Ministry of Employment and Labour Relations. The Committee recalls that Article 12 of the Convention provides that the use of certain processes, substances, machinery and equipment, to be specified, must be notified to the competent authority which, as appropriate, may authorize their use on prescribed conditions or prohibit it. The Committee therefore requests the Government to indicate whether the use of certain processes, substances, machinery and equipment has to be notified to the Department of Factories Inspectorate (as the competent authority) when they involve the exposure of workers to occupational hazards in the working environment due to air pollution, noise or vibration. The Committee also requests the Government to provide information on any conditions prescribed by the competent authority for such use.

Article 16. Labour inspection. Application in practice. The Committee notes the Government’s indication that section 63 of Act No. 328 prescribes general penalties for non-compliance. The Committee once again requests the Government to provide a general appreciation of the application of the Convention, including information on the activities of labour inspectors and extracts from labour inspection service 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 the manner in which the Convention is applied in practice in the country.

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

General observation of 2015. The Committee would like to draw the Government’s attention to its general observation of 2015 under this Convention, and in particular to the request for information contained in paragraph 30 thereof.

Articles 6(2) and 7(2) of the Convention. Dose limits in occupational exposure and dose limits for persons between 16 and 18 years of age. The Committee notes the Government’s indication that for apprentices between 16 and 18 years of age, the equivalent dose to the lens of the eye is of 50 mSv in a year. In addition, the Committee notes that the information provided by the Government on the dose limits for radiation workers does not establish the applicable limit for the lens of the eye. With reference to paragraphs 11, 13, 32 and 34 of its 2015 general observation, the Committee draws the Government’s attention to the most recent recommendations of the International Commission on Radiological Protection according to which the equivalent dose to the lens of the eye for radiation workers should be 20 mSv averaged over defined periods of five years, with no single year exceeding 50 mSv per year, and for students between the ages of 16 and 18 who use sources of radiation in the course of their studies, an equivalent dose to the lens of the eye of 20 mSv/year. The Committee requests the Government to provide information on the maximum permissible dose established with respect to the lens of the eye for radiation workers. It also requests the Government to provide information on measures taken to review the maximum permissible doses established with respect to the lens of the eye for apprentices between 16 and 18 years of age, in light of current knowledge.

Article 8. Dose limits for workers not directly engaged in radiation work. The Committee notes the Government’s indication that the effective dose limit for members of the public is of 5 mSv in a year. In this respect, the Committee draws the Government’s attention to paragraphs 14 and 35 of its 2015 general observation which state that the dose limits for workers not directly engaged in radiation work are those to be applied to members of the public, particularly an annual effective dose limit of 1 mSv, and that a higher value of effective dose can be allowed in a single year, provided that the average, over five years, does not exceed 1 mSv per year. The Committee requests the Government to provide information on measures taken to review the maximum permissible doses established for workers not directly engaged in radiation work, in light of current knowledge.

Article 13(a) and (d). Duty to provide an appropriate medical examination and required remedial action based on technical findings and medical advice. The Committee notes that no information is provided on the effect given to these provisions of the Convention. The Committee requests the Government to provide information on the measures taken or envisaged to specify the circumstances in which, because of the nature or degree of the exposure or a combination of both, workers shall undergo an appropriate medical examination and the circumstances in which employers shall take any necessary remedial action on the basis of the technical findings and the medical advice.

Article 14. Discontinuation of assignment to work involving exposure to ionizing radiation pursuant to medical advice and alternative employment. The Committee notes that the Government has not provided information on the effect given to this Article of the Convention. In this regard, the Committee would like to draw the Government’s attention to paragraph 40 of its 2015 general observation, which provides that if it is medically inadvisable to subject a worker to further exposure to ionizing radiations, reasonable efforts should be made to provide such a worker with suitable alternative employment. The Committee invites the Government to provide information on any measures taken or envisaged related to the provision of suitable alternative employment in circumstances for which it has been determined that workers, for health reasons, may no longer continue in employment in which they are or could be subject to occupational exposure to radiations.

Article 15. Inspection services. The Committee notes that no information is provided in the Government’s report on the inspection services established to supervise the application of the Convention. The Committee requests the Government to provide information on the measures taken to provide appropriate inspection services for the purpose of supervising the application of the provisions of the Convention.

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

The Committee notes that the Government’s report, which indicates that the application of the Convention in the country is satisfactory, does not reply to its previous comment. It hopes that the next report will contain full information on the matters raised in its previous comments, which read as follows:

Repetition

Application in practice. The Committee notes the Government’s reply on criteria established under sections 124(1)(a)–(h) of the Labour Act, 2003 and section 75 of the Factories, Offices and Shops Act, 1970. The Committee further notes that inspectors are expected to conduct a minimum of 48 routine establishment inspections. The Committee asks the Government to give a general appreciation of the manner in which the Convention is applied in the country, and to provide, where such statistics exist, information on the number and nature of the contraventions reported, and the number, nature and cause of occupational accidents and diseases reported.

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

Articles 1 and 17 of the Convention. Scope of application. The Committee notes the Government’s statement in its report that, in light of the need to extend the national legislation giving effect to the Convention in relation to agriculture, forestry, road and rail transport, as stressed by the Committee, it is focusing on the need to revise legislation in the field of occupational safety and health. The Government states that it is taking all necessary steps to ensure the guarding of machinery in all sectors of economic activity, especially agriculture, forestry, road and rail transport and shipping, to safeguard the safety of workers in these sectors. The Committee recalls that, for a long period of time, it has drawn the Government’s attention to the need to extend the legislation giving effect to the Convention to these sectors. The Committee trusts that, in the context of the revision of the legislation in the field of occupational safety and health, the Government will take the necessary measures to give effect to the Convention. The Committee urges the Government to take the necessary steps in the very near future to ensure the guarding of machinery in all sectors of economic activity, including agriculture, forestry, road and rail transport and shipping.

[The Government is asked to reply in detail to the present comments in 2017.]

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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:

Repetition

Follow-up to technical assistance. The Committee has been informed that technical assistance aiming at ensuring an effective follow-up to its comments on the application of this Convention was provided in 2011. The Committee invites the Government to provide detailed information on the outcome of this technical assistance.

Pending comment

The application of all Articles of the Convention. With reference to the Government’s report submitted in 2006, the Committee had noted that the Government indicated that the radiation protection and safety guides were non-binding documents. The Committee notes, however, that in the report submitted the Government seems to indicate that these guides are legally binding and adopted with a view to ensuring the application of the Convention. In terms of relevant legislation, the Committee also notes that the Government indicated that Act No. 204 of 1963 has been abrogated by the Atomic Energy Act No. 588 of 2000. As the Government has not provided the Committee with a copy of this recent Act, it has not been in a position to verify whether the Regulation No. 1559 of 1993, regulating, inter alia, the control and use of sources of ionizing radiation and exposure of persons to ionizing radiation, adopted in implementation of the abrogated Act, is still in force or not. The Committee also notes that the Government indicates that according to the new Labour Code of 2003, the Ministry of Labour entitled to adopt regulations providing for specific measures to be taken by employers to safeguard the health and safety of workers employed by them, but that this has not yet been done. In view of the foregoing, and with reference to the general observation of 1992 on the application of this Convention, the Committee requests the Government to take all relevant measures to ensure the full application of this Convention, in law and in practice. The Government is also requested to clarify the legal status of the radiation protection and safety guides, and whether Regulation No. 1559 of 1993 is still in force. The Government is invited to take due account of the recommendations concerning maximum dose limits for exposure to ionizing radiation adopted in 1990 by the International Commission on Radiological Protection (ICRP) and is finally requested to submit copies of all relevant legislative texts to the Committee.

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, supplying, for example, statistical information on the number of workers covered by the measures giving effect to the Convention, extracts from reports of the inspection services and information concerning the number and nature of contraventions reported and any action taken, etc.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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:

Repetition

Follow-up to technical assistance. The Committee has been informed that technical assistance aiming at ensuring an effective follow-up to its comments on the application of this Convention was provided in 2011. The Committee invites the Government to provide detailed information on the outcome of this technical assistance.

Pending comment

Articles 1 and 17 of the Convention. Scope of application. The Committee reminds the Government that, for more than 30 years, the Committee has drawn the Government’s attention to the need to extend the legislation giving effect to the Convention to agriculture, forestry, road and rail transport and shipping. In its 1986 report, the Government indicated that it was due to submit the Committee’s observations to the tripartite National Advisory Committee on Labour so that it could examine them and take the necessary steps to give full effect to the provisions of the Convention. The Committee trusts that, in the context of the revision of the labour legislation launched with the adoption of the Labour Code in 2003, the Government will focus on the need to revise the legislation in the field of occupational safety and health, especially in order to give effect to the Convention. The Committee urges the Government to take the necessary steps in the very near future to ensure the guarding of machinery in all sectors of economic activity, particularly agriculture, forestry, road and rail transport and shipping.

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

Follow-up to technical assistance. The Committee has been informed that technical assistance aiming at ensuring an effective follow-up to its comments on the application of this Convention was provided in 2011. The Committee invites the Government to provide detailed information on the outcome of this technical assistance.

Pending comment

The application of all Articles of the Convention. With reference to the Government’s report submitted in 2006, the Committee had noted that the Government indicated that the radiation protection and safety guides were non-binding documents. The Committee notes, however, that in the report submitted the Government seems to indicate that these guides are legally binding and adopted with a view to ensuring the application of the Convention. In terms of relevant legislation, the Committee also notes that the Government indicated that Act No. 204 of 1963 has been abrogated by the Atomic Energy Act No. 588 of 2000. As the Government has not provided the Committee with a copy of this recent Act, it has not been in a position to verify whether the Regulation No. 1559 of 1993, regulating, inter alia, the control and use of sources of ionizing radiation and exposure of persons to ionizing radiation, adopted in implementation of the abrogated Act, is still in force or not. The Committee also notes that the Government indicates that according to the new Labour Code of 2003, the Ministry of Labour entitled to adopt regulations providing for specific measures to be taken by employers to safeguard the health and safety of workers employed by them, but that this has not yet been done. In view of the foregoing, and with reference to the general observation of 1992 on the application of this Convention, the Committee requests the Government to take all relevant measures to ensure the full application of this Convention, in law and in practice. The Government is also requested to clarify the legal status of the radiation protection and safety guides, and whether Regulation No. 1559 of 1993 is still in force. The Government is invited to take due account of the recommendations concerning maximum dose limits for exposure to ionizing radiation adopted in 1990 by the International Commission on Radiological Protection (ICRP) and is finally requested to submit copies of all relevant legislative texts to the Committee.

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, supplying, for example, statistical information on the number of workers covered by the measures giving effect to the Convention, extracts from reports of the inspection services and information concerning the number and nature of contraventions reported and any action taken, etc.

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

Follow-up to technical assistance. The Committee has been informed that technical assistance aiming at ensuring an effective follow-up to its comments on the application of this Convention was provided in 2011. The Committee invites the Government to provide detailed information on the outcome of this technical assistance.

Pending comment

Articles 1 and 17 of the Convention. Scope of application. The Committee reminds the Government that, for more than 30 years, the Committee has drawn the Government’s attention to the need to extend the legislation giving effect to the Convention to agriculture, forestry, road and rail transport and shipping. In its 1986 report, the Government indicated that it was due to submit the Committee’s observations to the tripartite National Advisory Committee on Labour so that it could examine them and take the necessary steps to give full effect to the provisions of the Convention. The Committee trusts that, in the context of the revision of the labour legislation launched with the adoption of the Labour Code in 2003, the Government will focus on the need to revise the legislation in the field of occupational safety and health, especially in order to give effect to the Convention. The Committee urges the Government to take the necessary steps in the very near future to ensure the guarding of machinery in all sectors of economic activity, particularly agriculture, forestry, road and rail transport and shipping.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 4(2) and Article 8(1) of the Convention. Technical standards and establishing criteria for determining hazards. With reference to its previous comments, the Committee notes the Government statement that the process of developing technical standards on occupational hazards, including air pollution noise and vibration has not yet been completed. The Committee reiterates its request to the Government to complete this work in the very near future and request it to transmit copies of these technical standards once they have been adopted.

Article 5. Consultations. The Committee notes with interest that the Factories, Offices and Shops Act, 1970 (Act 328), is currently being amended and that the draft bill seeks to impose a duty on the employer to establish safety and health committees at all workplaces to ensure consultation and collaboration between employers and workers at the enterprise levels. The Committee requests the Government to provide detailed information on progress concerning the legislative amendment under way to ensure compliance with this provision of the Convention and to transmit copies of the relevant new or amended legislation once it has been adopted.

Article 11(1–3). Medical examinations and alternative employment. The Committee notes the Government’s statement that national law does not regulate the provision of suitable alternative employment for workers required to discontinue their work involving exposure to air pollution and noise and does not provide for any measures to ensure that workers required to discontinue their work are able to maintain their income. With reference to requests for technical assistance made in the context of the application of other occupational safety and health Conventions ratified by Ghana, the Committee notes that the statement by the Government that it also requests technical assistance from the Office on measures to take to ensure compliance with these provisions of the Convention. Noting the reference made its previous comments regarding the medical examination provided for in sections 18(1) and (2) of the Labour Regulations 2007, the Committee observes that the report is silent on the question on measures taken to ensure that that these medical examinations shall be free of costs for the workers concerned. The Committee requests the Government to take the measures necessary to give full effect to Article 11 of the Convention and recalls that this issue could be considered in the context of technical assistance provided to the Government on the application of other ILO Conventions on occupational safety and health ratified by Ghana.

Article 12. Notification to competent authority. The Committee notes reference made to sections 18(1) and (2) of the Labour Regulations, 2007 which require employers to notify the Chief Labour Officer or the Inspector of Factories of any occupational accidents, diseases or fatalities and the Government’s statement that the question of regulating notification requirements related to exposure to air noise and vibration is under consideration in the context of the ongoing revision of the Factories Offices and Shops Act, 1970 (Act 238). Welcoming this development the Committee takes this occasion to recall that it is of general importance to record and notify the competent authorities of all causes of occupational accidents, diseases and fatalities, as such information may assist all parties concerned in the efforts to take appropriate measures to bring down the number of such accidents, diseases and fatalities. It also expresses the hope that in the context of the ongoing revision of relevant legislation the Government will also consider regulating in more detail the scope of the obligations related to notification including, for example, in relation to the criteria for the identification and recognition of accidents, diseases and fatalities as occupational. The Committee requests the Government to provide further information in its next report on any amendments to current legislation to ensure compliance with this provision of the Convention.

Article 16 and Part IV of the report form. Labour inspection and application in practice. The Committee notes the information provided regarding the manner in which the Labour Inspectors have been empowered to act in accordance with the Labour Act, 2003 (Act 561) section 124(1), but that the report is silent as regards the outcome of the actions taken by the labour inspectors. The Committee requests the Government to provide a general appreciation of the application of the Convention including information on the activities of the labour inspectors and 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.

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

The Committee notes the Government’s reply that the Labour Department is awaiting a response from the competent authority in order to enable it to adequately address the concerns previously raised by the Committee. The Committee further notes that the Government seeks technical assistance in training of reporting officers and relevant partners so as to improve the reporting performance as well as the application of the Convention in law and practice. The Committee requests the Government to keep the Office informed of any progress in this respect and invites the Government to make a formal request to the Office for technical assistance in the development of legislation giving effect to the provisions of the Convention.

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

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

Part IV of the report form. The Committee notes the Government’s reply on criteria established under sections 124(1)(a)–(h) of the Labour Act, 2003 and section 75 of the Factories, Offices and Shops Act, 1970. The Committee further notes that inspectors are expected to conduct a minimum of 48 routine establishment inspections. The Committee asks the Government to give a general appreciation of the manner in which the Convention is applied in the country, and to provide, where such statistics exist, information on the number and nature of the contraventions reported, and the number, nature and cause of occupational accidents and diseases reported.

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

The Committee notes the Government’s brief report indicating that no legislative amendments to ensure compliance with the Convention have yet been taken. It also notes that the Government requests technical assistance from the ILO in reviewing its laws governing the sectors of concern, namely agriculture, forestry, road and rail transport and shipping. The Committee would like to take this opportunity to inform the Government that, in March 2010, the Governing Body adopted a plan of action 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) (document GB.307/10/2 (Rev.)). The Committee invites the Government to consider broadening the scope of technical assistance to be requested to include revision of the national law and practice in the country also in the broader context of the key Conventions covered by the Plan of Action. The Committee invites the Government to provide information on any needs it may have in this respect and in order to ensure the effective application of the provisions of the Convention. In the meantime, the Committee is required to repeat its previous observation regarding the scope of application of the Convention which read as follows:

Articles 1 and 17 of the Convention. Scope of application. The Committee reminds the Government that, for more than 30 years, the Committee has drawn the Government’s attention to the need to extend the legislation giving effect to the Conventon to agriculture, forestry, road and rail transport and shipping. In its 1986 report, the Government indicated that it was due to submit the Committee’s observations to the tripartite National Advisory Committee on Labour so that it could examine them and take the necessary steps to give full effect to the provisions of the Convention. The Committee trusts that, in the context of the revision of the labour legislation launched with the adoption of the Labour Code in 2003, the Government will focus on the need to revise the legislation in the field of occupational safety and health, especially in order to give effect to the Convention. The Committee urges the Government to take the necessary steps in the very near future to ensure the guarding of machinery in all sectors of economic activity, particularly agriculture, forestry, road and rail transport and shipping.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret that the Government’s reports received in 2006, 2007 and 2008 do not contain any new information nor any reply to its previous comments and that the Government’s report for 2009 has not been received. It must therefore repeat its previous observation which read as follows:

Articles 1 and 17 of the Convention. Scope of application. The Committee reminds the Government that, for more than 30 years, the Committee has drawn the Government’s attention to the need to extend the legislation giving effect to the Convention to agriculture, forestry, road and rail transport and shipping. In its 1986 report, the Government indicated that it was due to submit the Committee’s observations to the tripartite National Advisory Committee on Labour so that it could examine them and take the necessary steps to give full effect to the provisions of the Convention. The Committee trusts that, in the context of the revision of the labour legislation launched with the adoption of the Labour Code in 2003, the Government will focus on the need to revise the legislation in the field of occupational safety and health, especially in order to give effect to the Convention. The Committee urges the Government to take the necessary steps in the very near future to ensure the guarding of machinery in all sectors of economic activity, particularly agriculture, forestry, road and rail transport and shipping, and invites the Government to request assistance from the ILO in due course in order to ensure the effective application of the provisions of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

[The Government is asked to report in detail in 2010.]

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

The Committee notes with regret that the Government’s reports received in 2006, 2007 and 2008 do not contain any new information nor any reply to its previous comments.

Articles 1 and 17 of the Convention. Scope of application. The Committee reminds the Government that, for more than 30 years, the Committee has drawn the Government’s attention to the need to extend the legislation giving effect to the Convention to agriculture, forestry, road and rail transport and shipping. In its 1986 report, the Government indicated that it was due to submit the Committee’s observations to the tripartite National Advisory Committee on Labour so that it could examine them and take the necessary steps to give full effect to the provisions of the Convention. The Committee trusts that, in the context of the revision of the labour legislation launched with the adoption of the Labour Code in 2003, the Government will focus on the need to revise the legislation in the field of occupational safety and health, especially in order to give effect to the Convention. The Committee urges the Government to take the necessary steps in the very near future to ensure the guarding of machinery in all sectors of economic activity, particularly agriculture, forestry, road and rail transport and shipping, and invites the Government to request assistance from the ILO in due course in order to ensure the effective application of the provisions of the Convention.

[The Government is asked to report in detail in 2009.]

Direct Request (CEACR) - adopted 2007, published 97th ILC session (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.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

1. The Committee notes the information provided by the Government in its most recent report including replies to the Committee’s previous comments. It requests the Government to provide the following additional information.

2. The application of all Articles of the Convention. With reference to the Government’s report submitted in 2006, the Committee had noted that the Government indicated that the radiation protection and safety guides were nonbinding documents. The Committee notes, however, that in this year’s report the Government seems to indicate that these guides would be legally binding and adopted with a view to ensuring the application of the Convention. In terms of relevant legislation, the Committee also notes that the Government indicated that Act No. 204 of 1963 would have been abrogated by the Atomic Energy Act No. 588 of 2000. As the Government has not provided the Committee with a copy of this recent Act, it has not been in a position to verify whether the Regulation No. 1559 of 1993, regulating, inter alia, the control and use of sources of ionizing radiation and exposure of persons to ionizing radiation, adopted in implementation of the abrogated Act, would still be in force or not. The Committee also notes that the Government indicates that according to the new Labour Code of 2003 the Ministry of Labour would be entitled to adopt regulations providing for specific measures to be taken by employers to safeguard the health and safety of workers employed by them, but that this has not yet been done. In view of the foregoing, and with reference to the general observation of 1992 on the application of this Convention, the Committee requests the Government to take all relevant measures to ensure the full application of this Convention, in law and in practice. The Government is also requested to clarify the legal status of the radiation protection and safety guides and whether Regulation No. 1559 of 1993 is still in force. The Government is invited to take due account of the recommendations concerning maximum dose limits for exposure to ionizing radiation adopted in 1990 by the International Commission on Radiological Protection (ICRP) and is finally requested to submit copies of  all relevant legislative texts to the Committee.

3. 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, supplying, for example, statistical information on the number of workers covered by the measures giving effect to the Convention, extracts from reports of the inspection services and information concerning the number and nature of contraventions reported and the action taken on them, etc.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

1. The Committee notes with regret that the Government’s reports received in 2006 and 2007 do not contain any new information or any reply to its previous comments.

2. Articles 1 and 17 of the Convention. Scope of application. The Committee reminds the Government that, for more than 30 years, it has drawn the Government’s attention to the need to extend the legislation giving effect to the Convention to agriculture, forestry, road and rail transport and shipping. In its 1986 report, the Government indicated that it was due to submit the Committee’s observations to the tripartite National Advisory Committee on Labour so that it could examine them and take the necessary steps to give full effect to the provisions of the Convention. The Committee trusts that, in the context of the revision of the labour legislation launched with the adoption of the Labour Code in 2003, the Government will focus on the need to revise the legislation in the field of occupational  safety and health, especially in order to give effect to the Convention. The Committee urges the Government to take the necessary steps in the very near future to ensure the guarding of machinery in all sectors of economic activity, particularly agriculture, forestry, road and rail transport and shipping, and invites the Government to request assistance from the ILO in due course in order to ensure the effective application of the provisions of the Convention.

[The Government is asked to report in detail in 2008.]

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes the information contained in the Government’s report and the adoption of Act No. 651 of 8 October 2003 on labour, in particular its sections 118-121 on occupational health and safety and the working environment, and sections 122 and 124 on labour inspection.

2. Part IV of the report form. The Committee notes that the Government’s report fails to provide any additional information on the criteria applied to select the undertakings that are inspected each year, but that, in this regard, the Government refers to the abovementioned sections 122-124 of the Labour Code. The Committee asks the Government to provide further information concerning the application of the Convention in practice, including details of the working methods of the labour inspectorate following the legislative reforms of 2003.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (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.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes the information contained in the Government’s report. However, it notes that the Government’s report does not contain any reply to the Committee’s previous comments. The Committee is therefore obliged to repeat its previous observation and urges the Government to provide detailed information on the following points:

1. The application of all Articles of the Convention. The Committee has on numerous occasions previously drawn attention to the urgent need for the Government to adopt legislative binding measures in order to ensure the full application of the Convention. Unfortunately, the Committee notes from the Government’s latest report that it still has not provided any reply to previous comments, that it continues to refer to the Radiation Protection and Safety Guides it has adopted, which the Government recognizes are not legally binding and which therefore do not ensure the application of the Convention. The Committee also notes that the Government still has not provided copies of documents required by the Committee for an appropriate appreciation of the manner in which the Convention is applied in Ghana. The Committee therefore feels obliged to once again repeat its previously expressed serious concern of the manner in which the Government applies the Convention and hopes that measures are taken with urgency in order to ensure the full effective protection of workers against ionizing radiation at the workplace, based on the dose limits for exposure adopted by the International Commission on Radiological Protection (ICRP) in 1990. The Committee urges the Government to provide detailed information in its next report on all legislative measures taken or envisaged to ensure the full application of the Convention.

2. The Committee notes the reference made by the Government to Radiation Protection Instrument No. 1559 of 1993, adopted under the Atomic Energy Act No. 204 of 1963, regulating inter alia the control and use of radiation sources and application of ionizing radiation to persons. Noting that a new Atomic Energy Act was adopted in 2000 (Act No. 588 of 2000), the Committee requests the Government to clarify whether Act No. 204 of 1963 has been replaced or supplemented by Act No. 588 of 2000, to provide a copy of the latter Act and to provide information in its next report on measures taken or envisaged to adopt a new radiation protection instrument in order to ensure the effective protection of workers against ionizing radiation at the workplace.

3. The Committee also notes from reports submitted under Convention Nos. 29, 98 and 182 that on 8 October 2003 a new Labour Act (Act No. 651) has been adopted and that it entered into force on 31 March 2004, indicating that legislative measures are in the process of being undertaken. It notes in particular that Part XV regulates general safety and health conditions and that sections 121 and 174(e) provide the possibility for the minister to issue regulations providing for specific measures to be taken by employers to safeguard the health and safety of workers employed by them. The Committee also notes that under section 122(a) labour inspections shall be carried out in order to ensure the enforcement of provisions relating to the safety, health and welfare of workers under the Labour Act. The Committee requests the Government to provide information in its next report on measures taken or envisaged to issue legally binding instruments under the Labour Act in order to give effect to the Convention and to provide copies of any proposed and/or adopted legislation. It also asks the Government to provide information with its next report on labour inspections carried out with respect to radiation work.

[The Government is asked to reply in detail to the present comments in 2007.]

Direct Request (CEACR) - adopted 2005, published 95th ILC session (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 report of the Government. Further to its previous comments, it draws the Government’s attention to the following.

Part IV of the report form. The Committee notes the information supplied with the Government’s report regarding the practical application of the Convention in the country. It notes in particular the number of inspections conducted in the years 1999 to 2001 to monitor the work conditions and the occupational safety and health conditions in the enterprises. As to the results of these inspections, the Government indicates that no infringement of the legislation has been recorded. The Committee however observes that, while the overall number of inspections increased between 1999 and 2001, only the figures contained in the Annual Report of the Labour Department for 2001 allow a precise assessment of the extent to which the Convention is applied in the country, since the report for that year is the first to include information not only on the number of inspections carried out, but also on the number of enterprises and workers covered by the legislation. In view of the figures for 2001, the Committee notes that only a relatively small number of enterprises have been supervised by the inspection services. The Committee therefore requests the Government to indicate the criterion employed for the selection of the enterprises to be inspected each year. It further invites the Government to consider possible measures to extend the number of inspections, which in consequence would provide a more indicative picture of the manner in which the Convention is applied in practice in the country.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (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.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The application of all Articles of the Convention. The Committee has on numerous occasions previously drawn attention to the urgent need for the Government to adopt legislative binding measures in order to ensure the full application of the Convention. Unfortunately, the Committee notes from the Government’s latest report that it still has not provided any reply to previous comments, that it continues to refer to the Radiation Protection and Safety Guides it has adopted, which the Government recognizes are not legally binding and which therefore do not ensure the application of the Convention. The Committee also notes that the Government still has not provided copies of documents required by the Committee for an appropriate appreciation of the manner in which the Convention is applied in Ghana. The Committee therefore feels obliged to once again repeat its previously expressed serious concern of the manner in which the Government applies the Convention and hopes that measures are taken with urgency in order to ensure the full effective protection of workers against ionizing radiation at the workplace, based on the dose limits for exposure adopted by the International Commission on Radiological Protection (ICRP) in 1990. The Committee urges the Government to provide detailed information in its next report on all legislative measures taken or envisaged to ensure the full application of the Convention.

2. The Committee notes the reference made by the Government to the Radiation Protection Instrument No. 1559 of 1993, adopted under the Atomic Energy Act No. 204 of 1963, regulating inter alia the control and use of radiation sources and application of ionizing radiation to persons. Noting that a new Atomic Energy Act was adopted in 2000 (Act No. 588 of 2000), the Committee requests the Government to clarify whether Act No. 204 of 1963 has been replaced or supplemented by Act No. 588 of 2000, to provide a copy of the latter Act and to provide information in its next report on measures taken or envisaged to adopt a new radiation protection instrument in order to ensure the effective protection of workers against ionizing radiation at the workplace.

3. The Committee also notes from reports submitted under Convention Nos. 29, 98 and 182 that on 8 October 2003 a new Labour Act (Act No. 651) has been adopted and that it entered into force on 31 March 2004, indicating that legislative measures are in the process of being undertaken. It notes in particular that Part XV regulates general safety and health conditions and that sections 121 and 174(e) provide the possibility for the minister to issue regulations providing for specific measures to be taken by employers to safeguard the health and safety of workers employed by them. The Committee also notes that under section 122(a) labour inspections shall be carried out in order to ensure the enforcement of provisions relating to the safety, health and welfare of workers under the Labour Act. The Committee requests the Government to provide information in its next report on measures taken or envisaged to issue legally binding instruments under the Labour Act in order to give effect to the Convention and to provide copies of any proposed and/or adopted legislation. It also asks the Government to provide information with its next report on labour inspections carried out with respect to radiation work.

[The Government is asked to reply in detail to the present comments in 2006.]

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes that the Government’s report does not contain a reply to its previous comments. It is therefore bound to repeat its observations on the measures which should be adopted to give effect to the provisions of the Convention in all branches of economic activity in the country.

Articles 1 and 17 of the Convention. In the comments that it has been making for many years, the Committee has drawn the Government’s attention to the fact that the Factories, Offices and Shops Act, 1970, and the Mining Regulations, 1970, only give effect to the Convention in a limited number of sectors of economic activity. Certain branches of activity, such as agriculture, forestry, road and rail transport and shipping, are not covered by it. In its report for the period ending 30 June 1993, the Government stated that the issue had been referred to the tripartite National Advisory Committee on Labour which was to make recommendations for the adoption of appropriate measures to give effect to the Convention in the above sectors. The Committee recalls in this respect that the Government has been indicating, at least since 1986, that it would refer the Committee’s observations to the tripartite National Advisory Committee on Labour for examination with a view to the adoption of the necessary measures.

The Committee notes that once again in its last report the Government has not provided any new information. It once again requests the Government to provide detailed information on the measures taken to ensure the guarding of machinery in all branches of economic activity, and particularly in agriculture, forestry, road and rail transport and shipping.

2. The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the report of the Government. Further to its previous comments, it draws the Government’s attention to the following.

Part IV of the report form. The Committee notes the information supplied with the Government’s report regarding the practical application of the Convention in the country. It notes in particular the number of inspections conducted in the years 1999 to 2001 to monitor the work conditions and the occupational safety and health conditions in the enterprises. As to the results of these inspections, the Government indicates that no infringement of the legislation has been recorded. The Committee however observes that, while the overall number of inspections increased between 1999 and 2001, only the figures contained in the Annual Report of the Labour Department for 2001 allow a precise assessment of the extent to which the Convention is applied in the country, since the report for that year is the first to include information not only on the number of inspections carried out, but also on the number of enterprises and workers covered by the legislation. In view of the figures for 2001, the Committee notes that only a relatively small number of enterprises have been supervised by the inspection services. The Committee therefore requests the Government to indicate the criterion employed for the selection of the enterprises to be inspected each year. It further invites the Government to consider possible measures to extend the number of inspections, which in consequence would provide a more indicative picture of the manner in which the Convention is applied in practice in the country.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

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.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee takes note of the Government’s last report. With reference to its previous comments, the Committee draws the Government’s attention to the following points that urgently need to be addressed by the Government in order to comply with the provisions of the Convention.

1. The Committee notes the Radiation Protection and Safety Guides, GRPB - G1 to G5, adopted in 1995 and 1998 respectively containing provisions on the qualification and certification of radiation protection personnel (GRPB - G1), the notification and authorization by registration or licensing, exemptions and exclusions (GRPB - G2), dose limits (GRPB - G3), inspection (GRPB - G4), and the safe use of X-rays (GRPB - G5). The Committee notes that the provisions to be found in the guides enclose substantive provisions which respond to a number of the requirements set forth in the provisions of the Convention. It notes, however, the Government’s indication, confirmed by the prefaces to these guides, that the Radiation Protection and Safety Guides are only supporting documents and therefore do not have any legal, thus binding, effect. In this regard, the Committee recalls its comments, which it had made for more than 15 years, explaining that non-binding guides do not suffice for the application of the Convention. In order to ensure effective protection of workers, regarding their health and safety, against ionising radiation, as provided for in Article 3, paragraph 1, of the Convention, the Government must take the necessary measures by means of laws or regulations, which do not leave it to the discretion of the employer whether or not he puts into operation the provisions contained therein. The Committee therefore again urges the Government to take the necessary measures to ensure effective protection of workers against ionising radiations, in compliance with the provisions of the Convention. In this context, the Committee refers to the Government’s declarations, contained in its reports since 1968, that a Bill, entitled the Radiation Protection Bill, to give legal effect to the provisions of the guides was under preparation. The Committee had noted in its previous comments that the adoption of the Bill has been postponed because of reorganization measures taken following a change of the Government. The Committee observes that the Government does not refer any more to this Bill in its report. The Committee accordingly requests the Government to indicate whether it continues to envisage the adoption of this Bill, or whether the legislative process has been renounced. The Committee moreover notes that, according to the Government’s indications, the Radiation Protection and Safety Guide, GRPB - G3, contains the BSS dose limitation system for occupational exposure to ionising radiation. However, as this text has not been available to the Committee, it has not been in a position to examine its content in order to assess the extent to which this text would apply Articles 3 and 6, paragraph 1, of the Convention, even though this Guide does not have force of law. The Committee accordingly again strongly suggests that the Government take the necessary steps to ensure that the text designed to give effect to the Convention, for which the preparations started more than 30 years ago, is adopted in the near future. The Committee requests the Government to keep the Office informed on any progress made in this regard.

2. Article 8. The Committee notes the Government’s indication that the annual dose limit, established in the Radiation Protection and Safety Guide, GRPB - G3, is 5 mSv for members of the public. The Committee recalls paragraph 14 of its 1992 general observation under the Convention, in which it refers to the dose limits for exposure adopted in 1990 by the International Commission on Radiological Protection (ICRP), since they reflect the current knowledge which is the determining factor for the establishment of the dose limits for the different categories of workers (Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention). The ICRP fixes the annual dose limit for the general public at 1 mSv. In view of this fact, the Committee hopes that the Government will take the necessary measures to reduce the annual dose limit for exposure to ionising radiations of the public from 5 mSv to 1 mSv.

3. Article 12. The Committee notes the Government’s indication, according to which pre-employment medical examinations and subsequent medical examinations have to be carried out for workers exposed to ionising radiation in the course of their work. As to the periodicity of the medical examinations during the employment, the Government specifies that medical examinations are required every six months if the exposure exceeds 6 mSv. The Committee requests the Government to indicate the legal basis providing for the indicated medical examinations of workers.

4. Article 13(b). The Committee notes the Government’s indication that the licensee/registrant of an authorization for using ionising radiation is required to notify to the Radiation Protection Board any incident that might lead to an overexposure requiring protective action and the steps taken to bring the situation under control. The Government is asked to indicate the legal basis.

5. Further to its previous comments, the Committee notes that the following provisions of the Convention are not even covered by the Radiation Protection and Safety Guides: Article 13(a) and (d) (circumstances under which, due to the nature and/or degree of exposure, workers shall undergo appropriate medical examinations, necessary remedial action to be taken by the employer on the basis of the technical findings and the medical advice); and Article 14 (provision of alternative employment to radiation workers who have already received an effective dose beyond which they would suffer a detriment considered to be unacceptable). The Committee urges the Government to take the necessary measures to address these matters through regulations that are enforceable.

6. Finally, the Committee requests the Government to supply a copy of the Radiation Protection and Safety Guide, GRPB - G3, on dose limits.

The Committee reiterates its firm hope that the Government will make every effort to take the necessary action without any further delay.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes that the Government’s report does not contain a reply to its previous comments. It is therefore bound to repeat its observations on the measures which should be adopted to give effect to the provisions of the Convention in all branches of economic activity in the country.

Articles 1 and 17 of the Convention. In the comments that it has been making for many years, the Committee has drawn the Government’s attention to the fact that the Factories, Offices and Shops Act, 1970, and the Mining Regulations, 1970, only give effect to the Convention in a limited number of sectors of economic activity. Certain branches of activity, such as agriculture, forestry, road and rail transport and shipping, are not covered by it. In its report for the period ending 30 June 1993, the Government stated that the issue had been referred to the tripartite National Advisory Committee on Labour which was to make recommendations for the adoption of appropriate measures to give effect to the Convention in the above sectors. The Committee recalls in this respect that the Government has been indicating, at least since 1986, that it would refer the Committee’s observations to the tripartite National Advisory Committee on Labour for examination with a view to the adoption of the necessary measures.

The Committee notes that once again in its last report the Government has not provided any new information. It once again requests the Government to provide detailed information on the measures taken to ensure the guarding of machinery in all branches of economic activity, and particularly in agriculture, forestry, road and rail transport and shipping.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which reads as follows:

With reference to its previous comments, the Committee notes the Government’s indication in its latest report that the issue raised by the Committee has been given consideration and the appropriate response is being prepared.

The Committee recalls that its previous observations read as follows:

I.  In comments it has been making for over 15 years, the Committee has noted that protection against hazards due to radiation has only been provided by means of the non-binding Code of Practice for the Protection of Persons Exposed to Ionizing Radiations; the Committee had also taken note of the Government’s indication that a Radiation Bill was being prepared in order to give legal effect to the Code of Practice. In its 1989 observation, the Committee noted the Government’s indication that the Radiation Bill had still not been adopted, but that it would be given prompt attention upon the re-establishment of the National Advisory Committee on Labour. The Committee notes from the Government’s report, received in 1991, that there has been no change in the application of the Convention.

The Committee would call the Government’s attention to its general observation under this Convention which sets forth the revised system of radiological protection adopted by the International Commission on Radiological Protection on the basis of new physiological findings in its 1990 Recommendations (Publication No. 60). The Committee would recall that, under Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention, all appropriate steps shall be taken to ensure effective protection of workers against ionizing radiations and to review maximum permissible doses of ionizing radiations in the light of current knowledge. The Government is requested to indicate the steps taken or being considered in relation to the matters raised in the conclusions to the general observation, in particular as regards bringing the Radiation Bill under preparation into conformity with the present state of knowledge.

The Committee hopes that the Radiation Bill with any necessary amendments will soon be adopted and that it also will ensure the application of the following provisions of the Convention which are not covered by the Code of Practice: Article 9, paragraph 2 (instructions to be given to workers as to the precautions to be taken for their health and safety when working with ionizing radiations); Article 13(a), (b) and (d) (circumstances under which, due to the nature and/or degree of exposure, workers shall undergo appropriate medical examinations, employers shall notify the competent authority and shall take any necessary remedial action on the basis of the technical findings and the medical advice); and Article 14 (to ensure that no worker is employed or continues to be employed in work involving exposure to ionizing radiations contrary to qualified medical advice). The Government is requested to indicate the progress made in these respects.

II.  The Government is requested to provide information concerning the methods by which application of the Code of Practice is presently supervised and enforced, as requested under Part III of the report form, as well as any relevant extracts from official reports concerning the practical application of the Convention, as called for under Part IV of the report form.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

Article 16 of the Convention. The Committee notes the Government's indication in its report according to which no work is performed in windowless premises.

Point IV of the report form. The Committee notes the information supplied by the Government regarding the manner in which the Convention and the Recommendation are applied. It would invite the Government to continue to communicate information on the practical application of the Convention and Recommendation by providing, for example, extracts of inspection reports which indicate the number and nature of contraventions and the penalties imposed.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

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:

Article 16 of the Convention. The Committee notes from the report submitted by the Government that there are still no windowless premises in which work is performed in the country. The Committee requests the Government to indicate the measures that have been taken to ensure or determine that no such premises exist.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

With reference to its previous comments, the Committee notes the Government's indication in its latest report that the issue raised by the Committee has been given consideration and the appropriate response is being prepared.

The Committee recalls that its previous observations read as follows:

I. In comments it has been making for over 15 years, the Committee has noted that protection against hazards due to radiation has only been provided by means of the non-binding Code of Practice for the Protection of Persons Exposed to Ionizing Radiations; the Committee had also taken note of the Government's indication that a Radiation Bill was being prepared in order to give legal effect to the Code of Practice. In its 1989 observation, the Committee noted the Government's indication that the Radiation Bill had still not been adopted, but that it would be given prompt attention upon the re-establishment of the National Advisory Committee on Labour. The Committee notes from the Government's report, received in 1991, that there has been no change in the application of the Convention.

The Committee would call the Government's attention to its general observation under this Convention which sets forth the revised system of radiological protection adopted by the International Commission on Radiological Protection on the basis of new physiological findings in its 1990 Recommendations (Publication No. 60). The Committee would recall that, under Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention, all appropriate steps shall be taken to ensure effective protection of workers against ionizing radiations and to review maximum permissible doses of ionizing radiations in the light of current knowledge. The Government is requested to indicate the steps taken or being considered in relation to the matters raised in the conclusions to the general observation, in particular as regards bringing the Radiation Bill under preparation into conformity with the present state of knowledge.

The Committee hopes that the Radiation Bill with any necessary amendments will soon be adopted and that it also will ensure the application of the following provisions of the Convention which are not covered by the Code of Practice: Article 9, paragraph 2 (instructions to be given to workers as to the precautions to be taken for their health and safety when working with ionizing radiations); Article 13(a), (b) and (d) (circumstances under which, due to the nature and/or degree of exposure, workers shall undergo appropriate medical examinations, employers shall notify the competent authority and shall take any necessary remedial action on the basis of the technical findings and the medical advice); and Article 14 (to ensure that no worker is employed or continues to be employed in work involving exposure to ionizing radiations contrary to qualified medical advice). The Government is requested to indicate the progress made in these respects.

II. The Government is requested to provide information concerning the methods by which application of the Code of Practice is presently supervised and enforced, as requested under point III of the report form, as well as any relevant extracts from official reports concerning the practical application of the Convention, as called for under point IV of the report form.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

Articles 1 and 17 of the Convention. In comments made for a number of years, the Committee has drawn the Government's attention to the fact that the Convention is applied only to limited sectors of economic activity through the Factories, Offices and Shops Act, 1970, and the Mining Regulations, 1970, as amended. Some branches of activity -- agriculture, forestry, road and rail transport and shipping -- are not covered by it. In its report for the period ending 30 June 1993, the Government stated that the issue had been placed before the tripartite National Advisory Committee on Labour which should make recommendations for the adoption of appropriate measures that give effect to the Convention in the branches mentioned.

The Committee notes that no new information has been provided by the Government. It requests the Government, once again, to supply detailed information on measures taken to ensure the guarding of machinery in all sectors of economic activity and notably in agriculture, forestry, road and rail transport and shipping.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the Government's report. Taken into account the absence of information which was asked for in its previous comments the Committee again requests the Government to provide information on the following points.

I. Article 1, paragraph 1, of the Convention. The Committee had noted that section 83(10) of the Factories, Offices and Shops Act, 1970, had excluded from the definition of "factory" covered by the Act any building operations undertaken below ground in a mine, any works of engineering construction undertaken at a mine, and premises belonging to 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 Mining Regulations, 1970, and the Factories Regulations, 1970, referred to in its report.

Article 1, paragraphs 2 and 3. The Committee had noted the indication in the Government's first report that, due to an absence of legislation with respect to agriculture and forestry, and after consultation with the employers' and workers' organizations concerned, these branches of economic activity have been excluded from the application of the Convention. The Government is requested to indicate, in subsequent reports, the position of its law and practice and 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.

II. Article 4, paragraph 2 and Article 8, paragraph 1. The Committee has noted that the Factories Act only provides general measures for the application of the Convention. The Government had indicated in its first report that the technical standards proposed by the American Conference of Governmental Industrial Hygienists (ACGIH) and the International Standards Organization (ISO) were used for the practical implementation of the measures prescribed and to establish the criteria for determining the hazards of exposure to air pollution, noise and vibration and the exposure limits to these hazards. The Government is requested to specify, in its next report, the ACGIH and ISO technical standards to which it refers.

Article 5, paragraphs 3 and 4. The Committee has noted the indication in the Government's first report that there were no institutional procedures to ensure the application of these provisions, but that the labour inspectorate has the power to require workers and employers to supply information with respect to the safety and health situation at the workplace. The Committee would recall that, under this Article of the Convention, measures are to be taken to ensure collaboration between workers and employers at the workplace with respect to the measures taken in pursuance of the Convention and to ensure that representatives of the worker and of the employer have the opportunity to accompany inspectors during inspection visits, 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 Government is requested to indicate the measures taken or envisaged to ensure the application of these provisions.

Article 6, paragraph 1. The Committee has noted that section 60 of the Factories Act provided that employers shall be responsible for compliance with the requirements of the Act and any regulations made thereunder. The Government had indicated in its first report that measures for the technical implementation of the measures prescribed in pursuance of the Convention are based upon the technical standards of the ACGIH and ISO. The Government is requested to indicate the measures taken to ensure that employers are made responsible for compliance with the technical standards referred to in its report.

Article 6, paragraph 2. The Committee has noted the Government's statement 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. The Government is requested 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 has noted that section 78 of the Factories Act provides that no worker shall wilfully do anything to endanger himself or herself or any other person. The Government is requested to indicate the measures taken to ensure that workers comply with all safety procedures relating to the prevention and control of, and protection against, occupational hazards due to air pollution, noise and vibration. The Government is also requested to indicate the measures taken or envisaged to ensure that workers have the right to present proposals and to appeal to appropriate bodies so as to ensure protection against these hazards.

Article 8, paragraph 2. The Committee has noted the indication in the Government's first report that a tripartite National Advisory Committee on Labour is consulted on all matters relating to labour policy and legislation. The Government is requested to indicate whether this Committee is consulted in the elaboration of the criteria and the determination of exposure limits with respect to air pollution, noise and vibration and to indicate the manner in which account is taken of the opinion of technically competent persons designated by workers' and employers' organizations.

Article 9. The Government is requested to provide particulars concerning any technical measures prescribed for new plant or processes in design or installation and for existing plant or processes, as well as any supplementary organizational measures prescribed to ensure the protection of workers against hazards due to air pollution, noise and vibration.

Article 10. The Committee has noted that under section 25 of the Factories Act, where workers are employed in any process involving excessive exposure to any injurious or offensive substances, suitable protective clothing and appliances, where necessary, shall be provided. The Government is requested to indicate any specific measures taken or envisaged to ensure that, when the specified exposure limits to air pollution, noise and vibration are exceeded, the employer provides and maintains suitable personal protective equipment and to specify the types of protective clothing and equipment to be provided in such cases.

Article 15. The Committee notes the indication in the Government's report that the non-availability of qualified and competent personnel is a constraining factor in requiring the employer to appoint a competent person or use a competent service outside the undertaking to deal with matters pertaining to the prevention and control of air pollution, noise and vibration. The Government is requested to continue to provide information, in subsequent reports, on any developments in the national situation which permit the determination of conditions and circumstances under which the employer is required to appoint a competent person to deal with these matters and the measures thus taken.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

Article 16 of the Convention. The Committee notes from the report submitted by the Government that there are still no windowless premises in which work is performed in the country. The Committee requests the Government to indicate the measures that have been taken to ensure or determine that no such premises exist.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

I. In comments it has been making for over 15 years, the Committee has noted that protection against hazards due to radiation has only been provided by means of the non-binding Code of Practice for the Protection of Persons Exposed to Ionizing Radiations; the Committee had also taken note of the Government's indication that a Radiation Bill was being prepared in order to give legal effect to the Code of Practice. In its 1989 observation, the Committee noted the Government's indication that the Radiation Bill had still not been adopted, but that it would be given prompt attention upon the re-establishment of the National Advisory Committee on Labour. The Committee notes from the Government's report, received in 1991, that there has been no change in the application of the Convention. The Committee would call the Government's attention to its general observation under this Convention which sets forth the revised system of radiological protection adopted by the International Commission on Radiological Protection on the basis of new physiological findings in its 1990 Recommendations (Publication No. 60). The Committee would recall that, under Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention, all appropriate steps shall be taken to ensure effective protection of workers against ionizing radiations and to review maximum permissible doses of ionizing radiations in the light of current knowledge. The Government is requested to indicate the steps taken or being considered in relation to the matters raised in the conclusions to the general observation, in particular as regards bringing the Radiation Bill under preparation into conformity with the present state of knowledge. The Committee hopes that the Radiation Bill with any necessary amendments will soon be adopted and that it also will ensure the application of the following provisions of the Convention which are not covered by the Code of Practice: Article 9, paragraph 2 (instructions to be given to workers as to the precautions to be taken for their health and safety when working with ionizing radiations); Article 13(a), (b) and (d) (circumstances under which, due to the nature and/or degree of exposure, workers shall undergo appropriate medical examinations, employers shall notify the competent authority and shall take any necessary remedial action on the basis of the technical findings and the medical advice); and Article 14 (to ensure that no worker is employed or continues to be employed in work involving exposure to ionizing radiations contrary to qualified medical advice). The Government is requested to indicate the progress made in these respects. II. The Government is requested to provide information concerning the methods by which application of the Code of Practice is presently supervised and enforced, as requested under point III of the report form, as well as any relevant extracts from official reports concerning the practical application of the Convention, as called for under point IV of the report form.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

I. In comments it has been making for over 15 years, the Committee has noted that protection against hazards due to radiation has only been provided by means of the non-binding Code of Practice for the Protection of Persons Exposed to Ionizing Radiations; the Committee had also taken note of the Government's indication that a Radiation Bill was being prepared in order to give legal effect to the Code of Practice. In its 1989 observation, the Committee noted the Government's indication that the Radiation Bill had still not been adopted, but that it would be given prompt attention upon the re-establishment of the National Advisory Committee on Labour. The Committee notes from the Government's report, received in 1991, that there has been no change in the application of the Convention. The Committee would call the Government's attention to its general observation under this Convention which sets forth the revised system of radiological protection adopted by the International Commission on Radiological Protection on the basis of new physiological findings in its 1990 Recommendations (Publication No. 60). The Committee would recall that, under Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention, all appropriate steps shall be taken to ensure effective protection of workers against ionizing radiations and to review maximum permissible doses of ionizing radiations in the light of current knowledge. The Government is requested to indicate the steps taken or being considered in relation to the matters raised in the conclusions to the general observation, in particular as regards bringing the Radiation Bill under preparation into conformity with the present state of knowledge. The Committee hopes that the Radiation Bill with any necessary amendments will soon be adopted and that it also will ensure the application of the following provisions of the Convention which are not covered by the Code of Practice: Article 9, paragraph 2 (instructions to be given to workers as to the precautions to be taken for their health and safety when working with ionizing radiations); Article 13(a), (b) and (d) (circumstances under which, due to the nature and/or degree of exposure, workers shall undergo appropriate medical examinations, employers shall notify the competent authority and shall take any necessary remedial action on the basis of the technical findings and the medical advice); and Article 14 (to ensure that no worker is employed or continues to be employed in work involving exposure to ionizing radiations contrary to qualified medical advice). The Government is requested to indicate the progress made in these respects. II. The Government is requested to provide information concerning the methods by which application of the Code of Practice is presently supervised and enforced, as requested under point III of the report form, as well as any relevant extracts from official reports concerning the practical application of the Convention, as called for under point IV of the report form.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

Articles 1 and 17 of the Convention. With reference to its previous comments, the Committee notes that measures have not yet been adopted to ensure the guarding of machinery in agriculture, forestry, road and rail transport and shipping. The Committee notes that the issue was placed before the tripartite National Advisory Committee on Labour. The Committee hopes that the National Advisory Committee on Labour would soon make recommendations on the matter and relevant measures would be adopted to give effect to the Convention in agriculture, forestry, road and rail transport and shipping.

The Committee requests the Government to provide detailed information on measures taken or contemplated to ensure the guarding of machinery in the sectors referred to above.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes with regret 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 following matters raised in its previous direct request, which read as follows:

The Committee noted from the Government's report for the period ending 30 June 1990 that there had been no change in the legislation or administrative regulations applying the Convention. The Committee would recall that, in its 1971 comments, it had noted the Government's statement with respect to Article 16 of the Convention concerning appropriate standards of hygiene for underground or windowless premises in which work is normally performed, that no such premises existed in the country. The Committee requests the Government to ascertain whether such premises now exist and, if so, to indicate the legislative measures taken or contemplated to ensure appropriate standards of hygiene for these premises.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

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:

I. Article 1, paragraph 1, of the Convention. The Committee notes that section 83(10) of the Factories, Offices and Shops Act, 1970, excludes from the definition of "factory" covered by the Act any building operations undertaken below ground in a mine, any works of engineering construction undertaken at a mine, and premises belonging to 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 Mining Regulations, 1970, and the Factories Regulations, 1970, referred to in its report.

Article 1, paragraphs 2 and 3. The Committee notes the indication in the Government's report that, due to an absence of legislation with respect to agriculture and forestry, and after consultation with the employers' and workers' organizations concerned, these branches of economic activity have been excluded from the application of the Convention. The Government is requested to indicate, in subsequent reports, the position of its law and practice and 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.

II. Article 4, paragraph 2 and Article 8, paragraph 1. The Committee notes that the Factories Act only provides general measures for the application of the Convention. The Government has indicated in its report that the technical standards proposed by the American Conference of Governmental Industrial Hygienists (ACGIH) and the International Standards Organization (ISO) are used for the practical implementation of the measures prescribed and to establish the criteria for determining the hazards of exposure to air pollution, noise and vibration and the exposure limits to these hazards. The Government is requested to specify, in its next report, the ACGIH and ISO technical standards to which it refers.

Article 5, paragraphs 3 and 4. The Committee notes the indication in the Government's report that there are no institutional procedures to ensure the application of these provisions, but that the labour inspectorate has the power to require workers and employers to supply information with respect to the safety and health situation at the workplace. The Committee would recall that, under this Article of the Convention, measures are to be taken to ensure collaboration between workers and employers at the workplace with respect to the measures taken in pursuance of the Convention and to ensure that representatives of the worker and of the employer have the opportunity to accompany inspectors during inspection visits, 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 Government is requested to indicate the measures taken or envisaged to ensure the application of these provisions.

Article 6, paragraph 1. The Committee notes that section 60 of the Factories Act provides that employers shall be responsible for compliance with the requirements of the Act and any regulations made thereunder. The Government has indicated in its report that measures for the technical implementation of the measures prescribed in pursuance of the Convention are based upon the technical standards of the ACGIH and ISO. The Government is requested to indicate the measures taken to ensure that employers are made responsible for compliance with the technical standards referred to in its report.

Article 6, paragraph 2. The Committee notes the Government's statement in its 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. The Government is requested 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 that section 78 of the Factories Act provides that no worker shall wilfully do anything to endanger himself or herself or any other person. The Government is requested to indicate the measures taken to ensure that workers comply with all safety procedures relating to the prevention and control of, and protection against, occupational hazards due to air pollution, noise and vibration. The Government is also requested to indicate the measures taken or envisaged to ensure that workers have the right to present proposals and to appeal to appropriate bodies so as to ensure protection against these hazards.

Article 8, paragraph 2. The Committee notes the indication in the Government's report that a tripartite National Advisory Committee on Labour is consulted on all matters relating to labour policy and legislation. The Government is requested to indicate whether this Committee is consulted in the elaboration of the criteria and the determination of exposure limits with respect to air pollution, noise and vibration and to indicate the manner in which account is taken of the opinion of technically competent persons designated by workers' and employers' organizations.

Article 9. The Government is requested to provide particulars concerning any technical measures prescribed for new plant or processes in design or installation and for existing plant or processes, as well as any supplementary organizational measures prescribed to ensure the protection of workers against hazards due to air pollution, noise and vibration.

Article 10. The Committee notes that under section 25 of the Factories Act, where workers are employed in any process involving excessive exposure to any injurious or offensive substances, suitable protective clothing and appliances, where necessary, shall be provided. The Government is requested to indicate any specific measures taken or envisaged to ensure that, when the specified exposure limits to air pollution, noise and vibration are exceeded, the employer provides and maintains suitable personal protective equipment and to specify the types of protective clothing and equipment to be provided in such cases.

Article 15. The Committee notes the indication in the Government's report that the non-availability of qualified and competent personnel is a constraining factor in requiring the employer to appoint a competent person or use a competent service outside the undertaking to deal with matters pertaining to the prevention and control of air pollution, noise and vibration. The Government is requested to continue to provide information, in subsequent reports, on any developments in the national situation which permit the determination of conditions and circumstances under which the employer is required to appoint a competent person to deal with these matters and the measures thus taken.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes with regret that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

Articles 1 and 17 of the Convention. In its previous comments, the Committee noted that measures had not yet been adopted to give effect to the Convention in agriculture, forestry, road and rail transport and shipping. The Committee noted that the Government was going to hold consultations with the ministries and sectors concerned in order to obtain their views, after which the Tripartite National Advisory Committee on Labour would consider the matter. The Committee noted that the Government's latest report does not contain any information on this question. Since it has been the subject of comments for several years and assurances have been given by the Government on several occasions, the Committee hopes that the necessary action will at last be taken to ensure the guarding of machinery in the sectors concerned and that the Government will soon supply specific information on the progress made to that end.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

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 following matters raised in its previous direct request:

The Committee noted from the Government's report for the period ending 30 June 1990 that there had been no change in the legislation or administrative regulations applying the Convention. The Committee would recall that in its observation of 1971, it had noted the Government's statement, with respect to Article 16 of the Convention concerning appropriate standards of hygiene for underground or windowless premises in which work is normally performed, that no such premises existed in the country. The Committee requests the Government to ascertain whether such premises now exist and, if so, to indicate the legislative measures taken or contemplated to ensure appropriate standards of hygiene for these premises.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes with interest the information provided in the Government's first report. It requests the Government to provide further clarification, in its next report, on the following points:

I. Article 1, paragraph 1, of the Convention. The Committee notes that section 83(10) of the Factories, Offices and Shops Act, 1970, excludes from the definition of "factory" covered by the Act any building operations undertaken below ground in a mine, any works of engineering construction undertaken at a mine, and premises belonging to 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 Mining Regulations, 1970, and the Factories Regulations, 1970, referred to in its report.

Article 1, paragraphs 2 and 3. The Committee notes the indication in the Government's report that, due to an absence of legislation with respect to agriculture and forestry, and after consultation with the employers' and workers' organizations concerned, these branches of economic activity have been excluded from the application of the Convention. The Government is requested to indicate, in subsequent reports, the position of its law and practice and 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.

II. Article 4, paragraph 2 and Article 8, paragraph 1. The Committee notes that the Factories Act only provides general measures for the application of the Convention. The Government has indicated in its report that the technical standards proposed by the American Conference of Governmental Industrial Hygienists (ACGIH) and the International Standards Organization (ISO) are used for the practical implementation of the measures prescribed and to establish the criteria for determining the hazards of exposure to air pollution, noise and vibration and the exposure limits to these hazards. The Government is requested to specify, in its next report, the ACGIH and ISO technical standards to which it refers.

Article 5, paragraphs 3 and 4. The Committee notes the indication in the Government's report that there are no institutional procedures to ensure the application of these provisions, but that the labour inspectorate has the power to require workers and employers to supply information with respect to the safety and health situation at the workplace. The Committee would recall that, under this Article of the Convention, measures are to be taken to ensure collaboration between workers and employers at the workplace with respect to the measures taken in pursuance of the Convention and to ensure that representatives of the worker and of the employer have the opportunity to accompany inspectors during inspection visits, 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 Government is requested to indicate the measures taken or envisaged to ensure the application of these provisions.

Article 6, paragraph 1. The Committee notes that section 60 of the Factories Act provides that employers shall be responsible for compliance with the requirements of the Act and any regulations made thereunder. The Government has indicated in its report that measures for the technical implementation of the measures prescribed in pursuance of the Convention are based upon the technical standards of the ACGIH and ISO. The Government is requested to indicate the measures taken to ensure that employers are made responsible for compliance with the technical standards referred to in its report.

Article 6, paragraph 2. The Committee notes the Government's statement in its 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. The Government is requested 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 that section 78 of the Factories Act provides that no worker shall wilfully do anything to endanger himself or herself or any other person. The Government is requested to indicate the measures taken to ensure that workers comply with all safety procedures relating to the prevention and control of, and protection against, occupational hazards due to air pollution, noise and vibration. The Government is also requested to indicate the measures taken or envisaged to ensure that workers have the right to present proposals and to appeal to appropriate bodies so as to ensure protection against these hazards.

Article 8, paragraph 2. The Committee notes the indication in the Government's report that a tripartite National Advisory Committee on Labour is consulted on all matters relating to labour policy and legislation. The Government is requested to indicate whether this Committee is consulted in the elaboration of the criteria and the determination of exposure limits with respect to air pollution, noise and vibration and to indicate the manner in which account is taken of the opinion of technically competent persons designated by workers' and employers' organizations.

Article 9. The Government is requested to provide particulars concerning any technical measures prescribed for new plant or processes in design or installation and for existing plant or processes, as well as any supplementary organizational measures prescribed to ensure the protection of workers against hazards due to air pollution, noise and vibration.

Article 10. The Committee notes that under section 25 of the Factories Act, where workers are employed in any process involving excessive exposure to any injurious or offensive substances, suitable protective clothing and appliances, where necessary, shall be provided. The Government is requested to indicate any specific measures taken or envisaged to ensure that, when the specified exposure limits to air pollution, noise and vibration are exceeded, the employer provides and maintains suitable personal protective equipment and to specify the types of protective clothing and equipment to be provided in such cases.

Article 15. The Committee notes the indication in the Government's report that the non-availability of qualified and competent personnel is a constraining factor in requiring the employer to appoint a competent person or use a competent service outside the undertaking to deal with matters pertaining to the prevention and control of air pollution, noise and vibration. The Government is requested to continue to provide information, in subsequent reports, on any developments in the national situation which permit the determination of conditions and circumstances under which the employer is required to appoint a competent person to deal with these matters and the measures thus taken.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

Articles 1 and 17 of the Convention. In its previous comments, the Committee noted that measures had not yet been adopted to give effect to the Convention in agriculture, forestry, road and rail transport and shipping. The Commission noted that the Government was going to hold consultations with the ministries and sectors concerned in order to obtain their views, after which the Tripartite National Advisory Committee on Labour would consider the matter. The Committee noted that the Government's latest report does not contain any information on this question. Since it has been the subject of comments for several years and assurances have been given by the Government on several occasions, the Committee hopes that the necessary action will at last be taken to ensure the guarding of machinery in the sectors concerned and that the Government will soon supply specific information on the progress made to that end.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

I. In comments it has been making for over 15 years, the Committee has noted that protection against hazards due to radiation has only been provided by means of the non-binding Code of Practice for the Protection of Persons Exposed to Ionising Radiations; the Committee had also taken note of the Government's indication that a Radiation Bill was being prepared in order to give legal effect to the Code of Practice. In its previous observation, the Committee noted the Government's indication that the Radiation Bill had still not been adopted, but that it would be given prompt attention upon the re-establishment of the National Advisory Committee on Labour. The Committee notes from the Government's report that there has been no change in the application of the Convention.

The Committee would call the Government's attention to its general observation under this Convention which sets forth the revised system of radiological protection adopted by the International Commission on Radiological Protection on the basis of new physiological findings in its 1990 Recommendations (Publication No. 60). The Committee would recall that, under Article 3, paragraph 1 and Article 6, paragraph 2 of the Convention, all appropriate steps shall be taken to ensure effective protection of workers against ionising radiations and to review maximum permissible doses of ionising radiations in the light of current knowledge. The Government is requested to indicate the steps taken or being considered in relation to the matters raised in the conclusions to the general observation, in particular as regards bringing the Radiation Bill under preparation into conformity with the present state of knowledge.

The Committee hopes that the Radiation Bill with any necessary amendments will soon be adopted and that it also will ensure the application of the following provisions of the Convention which are not covered by the Code of Practice: Article 9, paragraph 2 (instructions to be given to workers as to the precautions to be taken for their health and safety when working with ionising radiations); Article 13(a), (b) and (d) (circumstances under which, due to the nature and/or degree of exposure, workers shall undergo appropriate medical examinations, employers shall notify the competent authority and shall take any necessary remedial action on the basis of the technical findings and the medical advice); and Article 14 (to ensure that no worker is employed or continues to be employed in work involving exposure to ionising radiations contrary to qualified medical advice). The Government is requested to indicate the progress made in these respects.

II. The Government is requested to provide information concerning the methods by which application of the Code of Practice is presently supervised and enforced, as requested under point III of the report form, as well as any relevant extracts from official reports concerning the practical application of the Convention, as called for under point IV of the report form.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee has taken note of the Government's report and of the information supplied to the Conference Committee in 1990.

Articles 1 and 17 of the Convention. In its previous comments, the Committee noted that measures had not yet been adopted to give effect to the Convention in agriculture, forestry, road and rail transport and shipping.

The Commission noted that the Government was going to hold consultations with the ministries and sectors concerned in order to obtain their views, after which the Tripartite National Advisory Committee on Labour would consider the matter.

The Committee notes that the Government's latest report does not contain any information on this question. Since it has been the subject of comments for several years and assurances have been given by the Government on several occasions, the Committee hopes that the necessary action will at last be taken to ensure the guarding of machinery in the sectors concerned and that the Government will soon supply specific information on the progress made to that end.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes from the Government's report that there has been no change in the legislation or administrative regulations applying the Convention. The Committee would recall that in its observation of 1971, it had noted the Government's statement, with respect to Article 16 of the Convention concerning appropriate standards of hygiene for underground or windowless premises in which work is normally performed, that no such premises existed in the country. The Committee requests the Government to ascertain whether such premises now exist and, if so, to indicate the legislative measures taken or contemplated to ensure appropriate standards of hygiene for these premises.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

Articles 1 and 17 of the Convention. With regard to the application of the Convention in mines, the Committee has taken note of the texts of the Mining Regulations, 1970, the Mining (Amendment) Regulations, 1971, the Explosives Regulations, 1970, and the Explosives (Amendment) Regulations, 1971, supplied by the Government.

In earlier comments, the Committee noted that measures had yet to be adopted to give effect to the Convention in agriculture, forestry, road and rail transport and shipping.

The Committee notes from the Government's latest report that the Government will now undertake consultations with the ministries and the sectors concerned in order to obtain their views, after which the Tripartite National Advisory Committee on Labour will consider the matter. Since this matter has been the subject of comments for a number of years and assurances were given by the Government on many occasions, the Committee hopes that the necessary action will at last be taken to ensure the guarding of machinery in the sectors concerned and that the Government will soon report concrete progress towards the adoption of the statutory instruments required. [The Government is asked to report in detail for the period ending 30 June 1990.]

Observation (CEACR) - adopted 1989, published 76th ILC session (1989)

With reference to its previous observations, the Committee notes from the Government's report that the Radiation Bill has still not been adopted, but that it will be given prompt attention upon the re-establishment of the National Advisory Committee on Labour. The Committee can only reiterate the hope that the Bill, to which reference has been made for more than 15 years, will be adopted without further delay and that a copy will be sent with the next report.