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

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

The Committee notes from the Government’s report that the Government regrets that, due to an extremely busy legislative agenda, it has yet to address the Committee’s previous comments. The Government indicates that it has the intention to take measures to ensure that national laws and regulations are prescribed in accordance with the Convention. The Committee hopes these measures will be taken soon and that they will address the points raised in its previous direct request, which read as follows:

The Committee would recall that the obligations of this Convention in respect of air pollution were accepted and made applicable to Anguilla by declaration without modification dated 11 July 1980. It 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, and other appropriate methods.

The Committee had noted in its previous comments that section 20(1) of Labour Ordinance No. 8 of 1966 provided that the Administrator in Council may make regulations generally for the proper carrying out of its provisions. The Committee further noted that, under section 5 of the Ordinance, the Labour Commissioner shall use his or her utmost endeavour to safeguard and promote the general welfare of workers in the colony and shall regularly supervise and review the conditions of the various forms of employment. The Committee hopes that the Government will take the necessary measures either by means of adopting regulations under section 20(1) of the Ordinance or by adopting other appropriate methods to ensure the protection of workers against hazards due to air pollution. In this regard, the Government could consider reviewing 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 trusts 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.