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 occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine Conventions Nos 155 (OSH), 187 (promotional framework for OSH) and 184 (OSH in agriculture) together.

The Committee notes the observations of the Malawi Congress of Trade Unions (MCTU), received on 2 September 2024, concerning Conventions Nos 155, 184, and 187. The Committee requests the Government to provide its comments in this respect.

General provisions

The Committee notes the information provided by the Government in response to its previous request regarding: Article 2(2) of Convention No. 187 concerning taking into account the principles set out in relevant ILO instruments; Article 15(1) of Convention No. 155 concerning necessary coordination between various authorities and bodies and; Article 11(f) of Convention No. 155 concerning systems to examine chemical, physical and biological agents in respect of the risk to the health of workers.

Action at the national level

Article 1 of Convention No. 155. Scope. In its previous comments, the Committee noted that the Occupational Safety, Health and Welfare Act (OSHWA) does not cover some sectors of the economy and that the definition of “workplace” provided for in section 3 means the Act only applies to some undertakings, but not shops, educational institutions, banks, health facilities, offices. In this respect, the Committee notes the Government’s indication in its report that the definition of workplaces in the OSHWA is being reviewed in order to cover all sectors of the economy. The Government further indicates that work activities excluded under the OSHWA are covered by the Employment Act of 2000 which, pursuant to section 9, gives labour officers the power to conduct inspections on OSH in all establishments (with minor exceptions). The Committee observes that this however refers to the powers of inspectors rather that OSH obligations and rights themselves. The Committee requests the Government tocontinue to provide information on the ongoing review of the OSHWA and indicate any progress towards its wider application. It requests the Government to provide further information regarding the measures taken to ensure adequate protection for workers working in branches and sectors of the economy not covered by the current OSHWA.

Article 2(3) of Convention No. 187. Measures that could be taken, in consultation with social partners, to ratify relevant OSH Conventions of the ILO. Following its previous comments, the Committee notes the Government’s indication that the possible ratification of the Occupational Health Services Convention, 1985 (No. 161) and the Safety and Health in Mines Convention, 1995 (No. 176) is on the agenda of the meeting of the Tripartite Labour Advisory Council to be held in September 2024. The Committee requests the Government to continue to provide information on the manner in which consideration is given to what measures could be taken to ratify relevant OSH Conventions, including information on consultations undertaken on the ratification of Conventions No. 161 and No. 176.

National policy

Articles 4 and 7 of Convention No. 155 and Article 3(1) of Convention No. 187. Formulation, implementation and periodic review of a national policy on OSH in consultation with social partners. The Committee notes the Government’s indication that the draft National OSH Policy, which was validated in May 2022, is awaiting submission to the Office of the President and Cabinet for approval by the Cabinet Committee. The Committee requests the Government to provide information on the progress made in the adoption of the National OSH Policy and to provide a copy once it has been adopted. It also requests the Government to provide information on the subsequent measures taken to ensure its periodic review, at regular intervals and in consultation with the most representative workers’ and employers’ organizations concerned, as well as on the other measures taken to review the OSH situation at appropriate intervals.

National system

Article 11(e) of Convention No. 155. Annual publication of information on the measures taken in pursuance of the national policy and on occupational accidents, occupational diseases and other injuries to health. The Committee notes the Government’s indication that the new website of the Ministry of Labour provides a platform for publications and that the Government, with support from the ILO, is in the process of developing the Labour Information Management System which will serve as a platform for information sharing. Regarding the annual publication of statistical information related to OSH in the annual labour inspection report, the Committee refers the Government to its comments under the Labour Inspection Convention, 1947 (No. 81) and the Labour Inspection (Agriculture) Convention, 1969 (No. 129). The Committee requests the Government to continue to provide information on the measures taken to ensure the annual publication of information on the measures taken in pursuance of the national policy and on occupational accidents, occupational diseases and other injuries to health, including through the development of the Labour Information Management System.

Article 4(3)(h) of Convention No. 187. Support mechanisms for a progressive improvement of OSH conditions in micro-enterprises, in small and medium-sized (MSMEs) enterprises and in the informal economy. The Committee takes note of the Government’s indication that the draft National OSH Policy envisions a strategy to equip over 9,800 informal business associations by 2028 with knowledge and skills to improve OSH. The Government indicates that OSH interventions for the MSMEs sector are being implemented by the Government with support from the EU's Zantchito – Skills for Jobs Programme (2022–25). It indicates that since the programme's launch, 1,143 OSH inspections have been conducted in MSME, and 135 awareness campaigns are planned. The Committee requests the Government to provide information on the implementation of the National OSH Policy’s strategy to support informal business associations on OSH, once adopted.

National programme

Article 5(1), (2) and (3) of Convention No. 187. National OSH Programme. The Committee notes that the Government has included the development of a new national OSH programme in its planned activities for the year 2024-2025, which has not yet commenced. The Committee requests the Government to provide information on the progress made with regards to the development of the new national programme and the consultations with the employers’ and workers’ organizations in this respect. It requests the Government to indicate how it ensures that the programme will be widely publicized, endorsed and launched by the highest national authorities, as provided in Article 5(3).

Action at the level of the undertaking

Article 17 of Convention No. 155. Duty of collaboration between two or more undertakings engaging in activities simultaneously at one workplace. The Government indicates that, in the context of the ongoing review of the OSHWA, a provision has been proposed to ensure collaboration among the employers operating in one workplace in the implementation of OSH related activities. The Committee requests the Government to continue to indicate the measures taken or envisaged, including in the context of the ongoing review of the OSHWA, to ensure that, when two or more enterprises undertake activities simultaneously at one workplace, there is collaboration between the undertakings on occupational safety and health, in accordance with Article 17.

Article 19(d) of Convention No. 155. Appropriate OSH training provided to workers and workers’ representatives. The Committee notes the Government’s indication that two provisions have been proposed in the context of the OSHWA review to provide for the training to workers’ representatives to give effect to this provision. The Committee requests the Government to continue to provide information on measures taken or envisaged, including in the context of the ongoing review of the OSHWA, to ensure that workers’ representatives are provided with appropriate training on OSH.

Article 19(e) of Convention No. 155. Inquiries by workers and their representatives, and their consultation on all aspects of OSH. Involvement of technical advisers by mutual agreement. The Committee notes the Government’s indication that, in the context of the safety and health committee, employers and employees can opt for external advisors. The Government indicates that through tripartite consultations it was agreed not to legislate the involvement of technical advisers but rather include it in the National OSH Policy and embrace it as best practice, which is already being applied by some of the workplaces in the country. In its observations, the MCTU indicates that the right to bring technical advisors by mutual agreement should be encouraged. The Committee requests the Government to indicate the provisions of national legislation ensuring that workers or their representatives and their representative organizations are enabled to enquire into all aspects of OSH associated with their work. The Committee also requests the Government to provide information on the inclusion in the national OSH Policy of the bringing in of technical advisers, by mutual agreement, from outside the undertaking and to indicate how it is implemented in practice.

Protection in specific branches of activity

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

Article 4(1) of the Convention. National OSH Policy in agriculture. Consultations with the representative organizations of employers and workers. The Committee notes that the Government reiterates in its report that the draft National OSH Policy covers all sectors, including agriculture and refers to a series of provisions of the draft National OSH Policy that make specific reference to agricultural workers. The Committee also once again notes the Government’s indication that it is developing OSH Regulations in Agriculture, on which consultations are scheduled to start in October 2024. The Committee requests the Government to provide information on the implementation of the National OSH Policy in the agricultural sector once adopted, and its periodic review, in consultation with the representative organizations of employers and workers concerned. It also requests the Government to provide information on the progress made on the development of OSH Regulations in Agriculture and on the manner in which the employers’ and workers’ organizations concerned have been consulted in its elaboration.

Article 6(2). Cooperation between two or more employers or self-employed persons undertaking activities simultaneously at an agricultural workplace. The Government indicates that, in the context of the ongoing review of the OSHWA, a provision has been proposed that refers to collaboration of the employers operating in one workplace in the implementation of OSH related activities, that will apply in agricultural workplaces. Referring to its comments above under Article 17 of Convention No. 155, the Committee requests the Government to continue to provide information on the measures taken, including in the context of the ongoing review of the OSHWA, to ensure that whenever two or more employers undertake activities simultaneously in an agricultural workplace, or one or more employers and one or more self-employed persons undertake activities, they shall cooperate in applying the OSH requirements.

Article 7(a). Appropriate assessments and adoption of preventive and protective measures. The Government indicates that risk assessment is one of the priorities recognised in the draft National OSH Policy and new provisions have been proposed in the context of the OSHWA review to provide for the duty of the employer to carry out risk assessments. The Committee requests the Government to continue to provide information on the measures taken or envisaged, including in the context of the ongoing legislative review of the OSHWA, to ensure that employers carry out appropriate risk assessments in relation to the safety and health of workers and, on the basis of the assessments, preventive and protective measures are adopted.

Article 7(c). Obligation of employers to take immediate steps to stop any operation in the event of an imminent and serious danger to the safety and health of workers, and evacuation of workers as appropriate. The Committee notes the Government’s indication that in the context of the ongoing review of the OSHWA a new provision has been proposed to provide for the duty of the employer to take immediate steps to stop any operation where there is an imminent and serious danger to safety and health The Committee requests the Government to continue to provide information, including in the context of the ongoing review of the OSHWA, on the measures taken or envisaged, to give effect to this provision of the Convention.

Article 8(1)(b). Right of workers to select safety and health representatives and to participate in the application and review of safety measures. The Committee previously noted that section 13(5) of the OSHWA requires employers to consult with safety representatives on safety and health matters. Furthermore, section 13(6) of the OSHWA requires employers, upon request by the safety representatives, to establish a safety committee. Pursuant to section 13(4), the Minister may make regulations for the appointment and the election of safety representatives by employees to represent employees in consultations with the employers under subsection (5). The Committee notes the Government’s indication, in reply to its previous request, that although no regulation has been formulated or adopted on the appointment and election of safety and health representatives, a series of provisions have been proposed in the context of the OSHWA review that establish requirements for the functions and rights of the safety and health representatives and the requirements for their election. Noting that there are currently no regulations providing for the appointment and election of OSH representatives and awaiting the finalisation of the review of the OSHWA, the Committee reiterates its request that the Government provide information on the manner in which authorized employees, referred to in section 13 of the OSHWA, are selected and on their functions and rights in the undertaking.

Article 10. Use of agricultural machinery and equipment only for work for which they are designed and their operation by trained and competent persons. The Government indicates that two provisions have been proposed in the context of the OSHWA review that refer to the requirements with regards to operators and usage of machinery and equipment and that the OSH Regulations in Agriculture that are currently being developed will provide detailed requirements on the same. The Committee requests the Government to continue to provide information, including in the context of the ongoing review of the OSHWA and the drafting of the OSH Regulations in Agriculture,on legislative or other provisions adopted to provide for: (i) the requirement that agricultural machinery and equipment shall only be used for work for which they are designed, including the prohibition to use agricultural machinery and equipment for human transportation, unless specifically designed to do so (Article 10(a)); and (ii) the requirement that agricultural machinery and equipment are operated by trained and competent persons (Article 10(b)).

Article 14. Protection against biological hazards. The Committee notes the Government’s indication that the current OSHWA, its draft revised version and other OSH legislation provide for the protection against all types of hazards in general, without explicitly providing for the protection against biological hazards. The Government indicates that the OSH Regulations in Agriculture that are currently being developed will provide protective measures to specific types of hazards including the biological hazards. The Committee requests the Government to indicate the manner in which it is ensured, including under the new envisaged OSH Regulations in Agriculture, that risks such as those relating to infection, allergy or poisoning are prevented or kept to a minimum when biological agents are handled.

Article 19(b). Minimum accommodation standards for agricultural workers. The Government indicates that through the consultative meetings held during the review process of the OSHWA, it was agreed to develop standards/regulations to address suitable housing accommodations and that a specific provision has been proposed that refers to the provision of housing accommodations of suitable standards. The Committee requests the Government to continue to provide information on the measures taken or envisaged, including in the context of the ongoing review of the OSHWA, 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.

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

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

The Committee notes the observations of the Malawi Congress of Trade Unions (MCTU), received on 2 September 2024, concerning Conventions Nos 155, 184, and 187. The Committee requests the Government to provide its comments in this respect.

Article 8 of Convention No. 155 and Article 4(1), (2)(a) and (3)(a) of Convention No. 187. Legal and regulatory framework in respect of OSH and periodic review of the national system. National tripartite advisory body, or bodies, addressing OSH issues. In its previous comment, the Committee noted that, due to the absence of a tripartite advisory body with direct responsibility for OSH, the responsibility for the periodic review of national legislation, policies and actions on OSH is with the Tripartite Labour Advisory Council and that the Government envisaged setting up a national advisory committee on OSH that shall specifically be responsible for monitoring and advising on the operationalization of OSH legislation. The Committee notes the Government’s indication in its report that the finalization of the review of the Occupational Safety, Health and Welfare Act (OSHWA) awaits the adoption of the National OSH Policy and that five regulations under the OSHWA (concerning pressure vessels, safety and health committees, first aid, hazardous substances and medical examinations) are being developed through a consultative process with the social partners and other key stakeholders. The Committee requests the Government to continue to provide updated information with regards to the ongoing review of the OSHWA and the development of new OSH regulations as well as on the consultations held in this regard. It requests the Government to take measures to ensure that the Committee’s comments on legislative matters are taken into account in the context of the review of the OSHWA. The Committee once again requests the Government to provide information on the progress achieved in setting up a national advisory committee on OSH.

Article 16(1) of Convention No. 155, Article 3(2) of Convention No. 187 and Article 18 of Convention No. 184. Employers’ obligation to ensure that workplaces are without risks to health and safety. Promotion of a safe and healthy working environment. OSH measures for women workers in agricultural undertakings. Following its previous comments regarding the issue of violence and harassment of women workers in agricultural undertakings, the Committee notes the Government’s indication that the Tea Association of Malawi Limited has revised its 2024 Gender Equality, Anti-Harassment, and Non-Discrimination Policy, introducing mechanisms for lodging complaints, including hotlines across tea estates, and further developed a training manual to help members gain knowledge in implementing relevant measures. The Committee notes that the Employers’ Consultative Association of Malawi adopted a statement on zero-tolerance to violence and harassment to guide its members in addressing these issues. Furthermore, the Government indicates that OSH Regulations in Agriculture are currently being developed which will address the special needs of women agricultural workers, including in relation to reproductive health. The Committee also notes that, in the context of the ongoing review of the OSHWA, provisions have been proposed to ensure protection against and prevention of workplace violence and harassment, emphasizing employers’ obligations to investigate and monitor incidents, provide remedies, protect privacy, prevent retaliation, and promote employee training. The Committee notes that the UN Committee on Economic, Social and Cultural Rights, in its concluding observations, expressed concern that despite measures adopted, agricultural workers face precarious working conditions that expose them to exploitation and abuse, including gender-based violence (E/C.12/MWI/CO/1 27 September 2024, paragraph 29). The Committee requests the Government to strengthen the measures taken to advance the right of agricultural workers to a safe and healthy working environment and to ensure that the special needs of women agricultural workers are taken into account, specifically in relation to reproductive health, including in the context of the ongoing review of the OSHWA and the development of the OSH Regulations in Agriculture. The Committee refers in this respect to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

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

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

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

The Committee notes the first reports of the Government for these Conventions.

The Committee notes the observations of the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF), received on 1 September 2022, concerning Convention No. 184, and the Government’s reply thereto. The Committee considers it appropriate to examine the content of the observations under Conventions Nos 155 and 187 as well.

Article 16(1) of Convention No. 155, Article 3(2) of Convention No. 187 and Article 18 of Convention No. 184. Employers’ obligation to ensure that workplaces are without risks to health and safety. Promotion of a safe and healthy working environment. OSH measures for women workers in agricultural undertakings. The Committee previously noted with concern the allegations of the IUF in 2021, according to which a number of women working in tea plantations and macadamia nuts orchards have been subjected to gender-based violence, including rape and sexual harassment. In its most recent observations, the IUF indicates that Malawi has failed to take measures to protect the reproductive health of women workers in agriculture and that sexual harassment on Malawi’s plantations is endemic. The IUF welcomes the proposal for technical assistance to the Government and expresses commitment to participate in any related tripartite meetings and support the participation of its affiliates.

The Committee notes that in its reply, the Government acknowledges the importance of the issues raised in the IUF’s observations and indicates that the issue will be take into account when coming up with measures for countering sexual violence and harassment cases in the agriculture sector. In addition, the Government indicates that, in the context of the ongoing review of the Employment Act and the Occupational Safety, Health and Welfare Act (OSHWA), it is examining the inclusion of legal provisions on sexual harassment. The Government also indicates that a rapid assessment on violence and sexual harassment in the tea sector was conducted, aiming to investigate the extent of sexual harassment in that sector and identify gaps in the legal and policy frameworks. The Government further indicates that the OSHWA and the Employment Act include provisions that ensure that the special needs of women agricultural workers are taken into account in relation to pregnancy and breastfeeding. The Committee recalls that, according to Article 18 of Convention No. 184, measures shall be taken to ensure that the special needs of women agricultural workers are taken into account also in relation to their reproductive health. It further recalls that the Committee on the Application of Standards (CAS) of the 110th Session (June 2022) of the International Labour Conference, in its examination of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) urged the Government to take all necessary measures, in consultation with the social partners, to ensure the effective protection of workers against sexual harassment and violence in the workplace, in law and practice. In this regard, the Committee refers to its comments under Convention No. 111. Noting with deep concern the gravity of these allegations, it requests the Government to take further effective measures to advance the right of agricultural workers to a safe and healthy working environment and to ensure that the special needs of women agricultural workers are taken into account, specifically in relation to reproductive health. It requests the Government to provide detailed information on the measures taken, and the impact of these measures.

A.General Provisions

I.Action at the national level

Article 1 of Convention No. 155. Scope. The Committee notes the Government’s indication in its report that the Convention applies to all categories of workers in all branches of economic activity. However, the Government indicates that the OSHWA, which is the main implementing legislation, does not cover some sectors of the economy, such as the service sector. The Government indicates that the definition of “workplace” provided for in section 3 means the Act only applies to some undertakings, but not to others, such as shops, educational institutions, banks, health facilities and offices. The Committee notes that the ongoing review of the OSHWA is taking into consideration the definitions provided for in Article 3 of the Convention so that all workers and all branches of the economy are covered. The Committee requests the Government to indicate whether the branches excluded under the OSHWA are thus excluded from the protection afforded by Convention No. 155. If so, it requests the Government to provide information regarding the consultations held with the social partners in that connection, as well as the measures taken to ensure adequate protection for workers working in these branches, including in the context of the ongoing review of the OSHWA.

Article 2(2) of Convention No. 187.Taking into account the principles set out in relevant ILO instruments. The Committee requests the Government to provide information on the manner in which the principles set out in ILO instruments relevant to the promotional framework for OSH have been taken into consideration in the steps taken towards achieving progressively a safe and healthy working environment.

Article 2(3) of Convention No. 187. Measures that could be taken, in consultation with social partners, to ratify relevant OSH Conventions of the ILO. The Committee notes the Government’s indication that discussions to possibly ratify the Occupational Health Services Convention, 1985 (No. 161) and the Safety and Health in Mines Convention, 1995 (No. 176) have been taking place in various forums, but that formal consultations have not yet started.The Committee requests the Government to continue to provide information on the manner in which consideration is given to what measures could be taken to ratify relevant OSH Conventions, including information on consultations undertaken on the ratification of Conventions No. 161 and No. 176.

National Policy

Articles 4 and 7 of Convention No. 155 and Article 3(1) of Convention No. 187. Formulation, implementation and periodic review of a national policy on OSH in consultation with social partners. The Committee notes that the National OSH Policy on has been drafted with the support of the ILO. The draft National OSH Policy was validated on 18 May 2022 and is awaiting Cabinet approval. The Committee takes note of the information provided by the Government on the elaboration of the draft National OSH Policy, including the consultative process with the representatives of employers’ and workers’ organizations (the Malawi Congress of Trade Unions and the Employers Consultative Association of Malawi) and other stakeholders including governmental Ministries, Departments and Agencies, non-governmental organizations and civil society organizations. In this respect, the Government indicates that a special Technical Committee was established to incorporate the comments from consultative meetings into the main document. The Committee notes the Government’s indication that the draft National OSH Policy states that the Government, through the Ministry of Labour will, in consultation with the most representative organizations of employers and workers, periodically review the policy every five years or as deemed appropriate based on a series of conditions that may necessitate its review. Furthermore, the Committee notes that the Government developed a National OSH Profile in 2020 which will serve as a national OSH data baseline and is expected to be updated every five years. The Committee requests the Government to provide information on the progress made in the adoption of the National OSH Policy and to provide a copy once it has been adopted. It also requests the Government to provide information on the subsequent measures taken to ensure its periodic review, at regular intervals and in consultation with the most representative workers’ and employers’ organizations concerned, as well as on the other measures taken to review the OSH situation at appropriate intervals.

National system

Article 8 of Convention No. 155 and Article 4(1), (2)(a) and 3(a) of Convention No. 187. Legal and regulatory framework in respect of OSH and periodic review of the national system. National tripartite advisory body, or bodies, addressing OSH issues. The Committee notes the information provided by the Government regarding the legislative framework on OSH in the country.The Government indicates that it has a national system comprised by the OSHWA and other Acts relating to OSH but points to a lack of regulations, guidelines, and codes of practice to operationalize the OSHWA. The Committee notes the efforts of the Government to improve its national legislation in collaboration with the social partners and stakeholders through a series of legislative reviews and the drafting of new OSH regulations. In this respect, the Committee notes that the Government is currently reviewing the OSHWA and is developing six regulations under the Act concerning hazardous substances, medical examinations, first aid, safety committees, pressure vessels and the list of occupational diseases. The Committee notes that, due to the absence of a tripartite advisory body with direct responsibility for OSH, the responsibility for the periodic review of national legislation, policies and actions on OSH is with the Tripartite Labour Advisory Council (TLAC). The review process involves consultations between the OSH Directorate of the Ministry of Labour and representatives of employers’ and workers’ organizations, as well as technical drafting inputs from other governmental Ministries, Departments and Agencies. The Committee notes that, apart from the TLAC, in the context of the ongoing review of the OSHWA, the Government envisages setting up a national advisory committee on OSH that shall specifically be responsible for monitoring and advising on the operationalization of OSH legislation. The Committee requests the Government to continue to provide information on the developments with regards to the ongoing reform of the national OSH legislation and to provide copies of the relevant texts once adopted. The Committee also requests the Government to continue to provide information on the manner in which it periodically reviews its national OSH system, and on how the most representative organizations of employers and workers are consulted in this regard. In this respect, it requests the Government to provide information on progress achieved in setting up a national advisory committee on OSH.

Article 11(e) of Convention No. 155. Annual publication of information on the measures taken in pursuance of the national policy.The Committee notes that although the Government provides statistical information related to OSH (accidents and compensation), it does not provide information on the effect given to Article 11(e) regarding the annual publication of this information or on the measures taken in pursuance of the national OSH policy. The Committee requests the Government to provide information on the measures progressively taken to give full effect to Article 11(e).

Article 11(f) of Convention No. 155. Systems to examine chemical, physical and biological agents in respect of the risk to the health of workers. The Committee notes that according to the Environmental Management Act, the Environment Protection Authority shall establish criteria for the classification of toxic and hazardous substances and waste in accordance with their toxicity and the hazards they present to human health and the environment. The Committee requests the Government to indicate whether such criteria have been established by the Environmental Protection Authority, and if so to provide copies of the relevant texts.

Article 15(1) of Convention No. 155. Necessary coordination between various authorities and bodies. The Government indicates that the draft National OSH Policy aims at ensuring the reinforcement of the capacity of competent OSH authorities and increased collaboration between them. The Committee notes that,although the draft National OSH Policy provides for functions and responsibilities for various institutions, including the Ministry of Labour, the Ministry of Agriculture, and the Ministry of Health, the Government does not provide information on the mechanisms allowing collaboration between them. The Committee requests the Government to indicate the manner in which it ensures appropriate coordination between the OSH Directorate of the Ministry of Labour and other relevant bodies and authorities(i.e. Ministry of Health, Ministry of Agriculture, environmental authorities, etc.) responsible for giving effect to the Convention at the national level.

Article 4(3)(h) of Convention No. 187. Support mechanisms for a progressive improvement of OSH conditions in micro-enterprises, in small and medium-sized enterprises and in the informal economy. The Committee requests the Government to provide information on the existing or envisaged support mechanisms, including in the context of the draft National OSH Policy, for progressively improving OSH conditions in micro-enterprises, small and medium-sized enterprises and the informal economy.

National programme

Article 5(1), (2) and (3) of Convention No. 187. National OSH Programme. The Committee notes that the Government does not currently have a National OSH Programme. The Government indicates that, following the development of its National OSH Profile in 2020, it aims to review the previous 2011-2016 National OSH Programme.The Committee requests the Government to take the necessary measures to establish a national OSH programme in accordance with the requirements of Article 5(1) and (2). The Committee also requests the Government to provide information on these measures, on the employers’ and workers’ organizations consulted, and on the outcome of these consultations.It further requests the Government to take measures to ensure that the programme will be widely publicized, endorsed and launched by the highest national authorities, as provided in Article 5(3).

II.Action at the level of the undertaking

Article 17 of Convention No. 155. Duty of collaboration between two or more undertakings engaging in activities simultaneously at one workplace. The Committee notes the Government’s reference to section 3(3) of the OSHWA, which, through defining what can be considered as workplace, provides for the duty of collaboration between two or more occupiers specifically in relation to lines and sidings that are not part of a railway. It is noted that this duty is not provided for in relation to other workplaces in general. The Committee notes the Government’s indication that it aims to take into account the duty established under this Article in the context of the ongoing review of the OSHWA. The Committee requests the Government to indicate the measures taken, including in the context of the ongoing review of the OSHWA, to ensure that, each time two or more enterprises undertake activities simultaneously at one workplace, there is collaboration between the undertakings engaged in the activities, in accordance with Article 17.

Article 19(d) of Convention No. 155. Appropriate OSH training provided to workers’ representatives. The Committee notes that the OSHWA gives effect to Article 19(d) with respect to the training of workers. Recalling that pursuant to Article 19(d) of the Convention, there shall also be arrangements for the representatives of workers to be provided with appropriate training in OSH, the Committee requests the Government to provide information on measures taken to ensure that such representatives are provided with appropriate training on OSH.

Article 19(e) of Convention No. 155. Inquiries by workers and their representatives, and their consultation on all aspects of OSH. Involvement of technical advisers by mutual agreement. The Committees notes that the OSHWA provides for mechanisms of collaboration between employers and employees in safeguarding safety and health (safety representatives, safety committees), and the general duty for collaboration. The Committee requests the Government to provide further information on the manner in which it is ensured that workers or their representatives or representative organizations in an undertaking are enabled to inquire into and are consulted by the employer on all aspects of OSH associated with their work, and particularly on their right to bring in technical advisers, by mutual agreement, from outside the undertaking.

B.Protection in specific branches of activity

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

Article 4(1), (2)(a) and (c) of the Convention. National OSH Policy in agriculture. Competent authority and coordination with other relevant authorities and bodies for the agricultural sector. Consultations with the representative organizations of employers and workers. The Government indicates in its report that the draft National OSH Policy covers all sectors, including agriculture. Furthermore, it indicates that it is currently drafting an OSH Regulation on Agriculture. The Government also provides information on the responsibilities of the OSH Directorate, the Ministry of Agriculture and organizations of workers and employers in the context of applying the policy. In its observations, the IUF indicates that the Government has failed to implement Article 4 of the Convention because it has not followed the requirements of the Convention to consult the representative organizations of employers and workers concerned and to formulate a coherent national policy on safety and health in agriculture, designate the competent authority responsible for the implementation of such policy and for the enforcement of national laws and regulations on OSH in agriculture. In its reply, the Government notes that this particular point is being raised for the first time and it acknowledges the importance of IUF’s observations. The Committee requests the Government to provide information on the provisions which specifically address safety and health in agriculture in the draft OSH policy, the policy’s implementation in the agricultural sector once adopted, and its periodic review, in consultation with the representative organizations of employers and workers concerned. It also requests the Government to provide information on the progress on the development of an OSH Regulation in Agriculture and on the manner in which the employers’ and workers’ organizations concerned have been consulted in its elaboration. The Committee further requests the Government to provide further information on the manner in which inter-sectoral coordination among the OSH Directorate of the Ministry of Labour, the Ministry of Agriculture and otherrelevant authorities and bodies for the agricultural sector is ensured.

Article 6(2). Cooperation between two or more employers or self-employed persons undertaking activities simultaneously at an agricultural workplace. The Government indicates that the on-going review of the OSHWA aims to incorporate the duty prescribed under this Article of the Convention. Referring to its comments above under Article 17 of Convention No. 155, the Committee requests the Government to provide information on the measures taken, including in the context of the ongoing legislative review of the OSHWA, to ensure that whenever two or more employers undertake activities simultaneously in an agricultural workplace, or one or more employers and one or more self-employed persons undertake activities, they shall cooperate in applying the OSH requirements.

Article 7(a).Appropriate assessments and adoption of preventive and protective measures. The Committee notes that, although section 13 of the OSHWA requires every employer to provide arrangements for ensuring safety and absence of risks to health in connection with the use, handling, storage and transportation of articles and substances, it does not explicitly provide for the duty of the employer to carry out risk assessments. The Committee requests the Government to provide detailed information on the measures taken or envisaged, including in the context of the ongoing legislative review of the OSHWA, to ensure that employers carry out appropriate risk assessments in relation to the safety and health of workers and, on the basis of the assessments, preventive and protective measures are adopted.

Article 7(c). Obligation of employers to take immediate steps to stop any operation in the event of an imminent and serious danger to the safety and health of workers, and evacuation of workers as appropriate. The Committee notes that the OSHWA gives powers to inspectors to take immediate steps to stop any operation where there is an imminent and serious danger to safety and health, through the issuance of a prohibition notice, but there is no specific provision concerning the relevant duty of the employer as required by this Article of the Convention. The Government indicates that the ongoing review of the OSHWA aims to include such a duty. The Committee requests the Government to provide information, including in the context of the ongoing review of the OSHWA, on the measures taken or envisaged, to give effect to this provision of the Convention, including measures providing for the obligation of employers to stop any operation in the event of an imminent and serious danger to the safety and health of workers, and the evacuation of workers, as appropriate.

Article 8(1)(b). Right of workers to select safety and health representatives and to participate in the application and review of safety measures. The Committee notes that section 13(5) of the OSHWA imposes a duty on every employer to consult with safety representatives on safety and health matters. Furthermore, section 13(6) of the OSHWA, imposes a duty on the employer, if requested to do so by the safety representatives, to establish a safety committee. It further notes that according to section 13(4), the Minister may make regulations providing for: (a) the appointment by trade unions of safety representatives from amongst the employees; and (b) the election by employees of safety representatives from amongst the employees, to represent employees in consultations with the employers under subsection (5). The Committee requests the Government to provide information on the manner in which authorized employees, referred to in section 13 of the OSHWA, are selected and on their functions and rights in the undertaking. It also requests the Government to indicate whether any regulations referred to under section 13(4) of the OSHWA have been adopted.

Article 10. Use of agricultural machinery and equipment only for work for which they are designed and their operation by trained and competent persons. The Committee notes that although the OSHWA contains provisions on the safe use of machinery and equipment, including the provision of information about the use for which it is designed, the legislation does not indicate specifically how it is ensured that such machinery is not used for human transportation. Further, while section 65 of the OSHWA requires specialised training and instruction to certain groups of workers such as operators of plants, machinery and equipment, the legislation does not specifically require that machinery and equipment be operated by trained and competent persons. The Committee requests the Government to provide information on legislative or other provisions containing: (i) the requirement that agricultural machinery and equipment shall only be used for work for which they are designed, including the prohibition to use agricultural machinery and equipment for human transportation, unless specifically designed to do so (Article 10(a)); and (ii) the requirement that agricultural machinery and equipment are operated by trained and competent persons (Article 10(b)).

Article 14. Protection against biological hazards. The Committee notes that the Government’s report does not contain information with regard to measures taken to protect against biological hazards in agriculture. The Committee requests the Government to indicate the manner in which it is ensured that risks such as those relating to infection, allergy or poisoning are prevented or kept to a minimum when biological agents are handled.

Article 16. Young workers and hazardous work. The Committee notes the Employment (Prohibition of Hazardous work for children) Order 2012 which sets out the hazardous types of work prohibited to children under 18 years of age, including activities in the agricultural sector. The Committee recalls that, under its comments on the Minimum Age Convention, 1973 (No. 138) and the Worst Forms of Child Labour Convention, 1999 (No. 182), itnoted that a high percentage of children in child labour are employed in the agricultural sector. In this respect, the Committee requests the Government to refer to its comments on the application of the Minimum Age Convention, 1973 (No. 138) and the Worst Forms of Child Labour Convention, 1999 (No. 182).

Article 19(b). Minimum accommodation standards for agricultural workers.The Government indicates that under the ongoing review of the OSHWA, it is considering, through a consultative process with the workers’ and employers’ organizations and other stakeholders, including a provision regarding the minimum accommodation standard for workers who are required by the nature of the work to live temporarily or permanently in the undertaking. The Committee requests the Government to indicate the measures taken, including in the context of the ongoing review of the OSHWA, 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 and to supply information on consultations held with representative organizations of employers and workers concerned in this regard.

[The Government is asked to reply in full to the present comments in 2024.]

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

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 155 (OSH), 184 (safety and health in agriculture) and 187 (promotional framework for OSH) together.

The Committee notes that the first reports of the Government for Conventions Nos 155, 184 and 187 have not been received.

The Committee notes the observations of the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF), received on 30 August 2021, concerning Convention No. 184. The Committee considers it appropriate to examine the content of the observations under Conventions Nos 155 and 187 as well.

Occupational Health and Safety Convention, 1981 (No. 155) and Safety and Health in Agriculture Convention, 2001 (No. 184)

Article 16(1) of Convention No. 155, Article 3(2) of Convention No. 187 and Article 18 of Convention No. 184. Employers’ obligation to ensure that workplaces are without risks to health and safety. Promotion of a safe and healthy working environment. OSH measures for women workers in agricultural undertakings. The Committee notes that, according to the observations of the IUF, a number of women working in tea plantations and macadamia nuts orchards allege that they have been subjected to gender-based violence, including rape and sexual harassment. In particular, according to the IUF, women employed under seasonal, hence precarious, contracts, are forced to submit to the demands for sexual favours of supervisors for fear of losing their employment. In light of the above, the IUF requests that the Committee invites the Government of Malawi to accept ILO technical cooperation in order to address the issue of gender-based violence and harassment in the Malawi tea plantations. The Committee recalls that Article 16(1) of Convention No. 155 provides that employers shall be required to ensure that the workplaces under their control are safe and without risk to health. In addition, Article 3(2) of Convention No. 187 requires the promotion and advancement of the right of workers to a safe and healthy working environment. The Committee also recalls that, according to Article 18 of Convention No. 184, measures shall be taken to ensure that the special needs of women agricultural workers are taken into account in relation to their reproductive health. Noting with serious concern the gravity of these allegations, the Committee requests the Government to provide its comments in this respect. The Committee expresses its firm hope that the Government will consider requesting technical assistance to address the matters raised by the IUF. The Commission trusts that the requested technical assistance will be carried out with a multidisciplinary approach in order to address these issues, from the perspective of the implementation of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), as well.

[The Government is asked to reply in full to the present comments in 2022.]