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

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

In its previous comments, the Committee had noted the general reference in the Government's first and second reports to the Labour Ordinance No. 8 of 1966 which provides for the appointment of a Labour Commissioner to be responsible for the supervision and inspection of workmen's conditions of employment and purposes incidental thereto. It notes the Government's reiteration in its latest report that the requirements of the Convention are met by this Ordinance. The Committee recalls that the obligations of the Convention in respect of air pollution were accepted and made applicable to Anguilla and would draw the Government's attention to Article 4 of the Convention which provides that national laws or regulations shall prescribe that measures be taken for the prevention and control of, and protection against, occupational hazards in the working environment due to air pollution, and that provisions concerning the practical implementation of these measures may be adopted through technical standards, codes of practice, etc. It notes that Ordinance No. 8 sets forth the general powers of a Labour Commissioner, but does not prescribe any specific regulations for the prevention and control of, and protection against, occupational hazards due to air pollution.

The Committee had noted in its previous comments that section 20(1) of the Ordinance provides that the Administrator in Council may make regulations generally for the proper carrying out of its provisions. The Committee further notes that, under section 5 of the Ordinance, the Labour Commissioner shall use his utmost endeavour to safeguard and promote the general welfare of workmen in the colony and shall regularly supervise and review the conditions of the various forms of employment. The Committee requests the Government to indicate any regulations made under section 20(1) or any other measures taken or envisaged to ensure the protection of workers against hazards due to air pollution. In this regard, the Government could consider taking inspiration from the United Kingdom Control of Substances Hazardous to Health Regulations of 1988 (amended in 1990) which set forth specific provisions concerning the protection of workers' health against hazards due to air pollution and in particular, establish criteria for determining these hazards and fix exposure limits to a variety of substances, in accordance with Article 8. The Committee hopes that the Government will be in a position to indicate, in its next report, the measures taken or envisaged to ensure the application of this Convention.