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

Occupational Safety and Health Convention, 1981 (No. 155) - Fiji (Ratification: 2008)

The Committee takes note of the information provided by the Government concerning the effect given to Articles 13 and 19(f) of the Convention on the protection of workers removed from situations presenting an imminent and serious danger.

Legislative developments. With reference to its previous comment, the Committee notes the Government’s indication that the review of the Employment Relations Promulgation (ERP) 2007 has reached its final stages and will soon be submitted to the Cabinet and that the Health and Safety at Work (Amendment) Act 2003 will be reviewed thereafter, with a view to establishing the Fiji Work-Care Authority with both the National Occupational Health and Safety Advisory Board (NOHSAB) and the Employment Relations Advisory Board (ERAB). The Government adds that in this process, it intends to give due consideration to the Committee’s comments on the following points: extension of the scope of application of the Health and Safety at Work Act 1996 (HSWA) to the mining sector and domestic workers (Article 1(3)); introduction of knowledge and risk assessment systems (Article 11(f)); possibility to bring in technical advisers from outside the undertaking (Article 19(e)); and provision of medical examinations at no cost for workers (Article 21). The Committee requests the Government to continue to provide information on progress achieved in the ongoing legislative review process, indicating specifically the manner in which the points raised by the Committee in its previous comments are addressed. It also requests the Government to describe the practical measures adopted in the meantime with a view to giving effect to the abovementioned Articles of the Convention.

Article 4 of the Convention. National occupational safety and health (OSH) policy. Article 7. Review of the situation regarding OSH at appropriate intervals. In reply to the Committee’s previous comment in which it noted that the national policy on occupational safety and health (OSH) is mainly expressed through the national legislation, the Government confirms that apart from the Health and Safety at Work (Amendment) Act 2003, there is currently no national policy on OSH. However, it adds that this point will be addressed in the framework of the ongoing legislative review process. The Committee requests the Government to provide information on steps taken and progress achieved towards the formulation and implementation of a national policy on occupational safety and health and the working environment aimed at preventing accidents and injury to the health of workers and at minimizing the causes of hazards inherent in the working environment, as prescribed in Article 4 of the Convention. It also requests the Government to describe arrangements made for the periodic review of the national OSH policy in light of the review of the situation regarding OSH and the working environment, as provided in Article 7 of the Convention.

Article 11(b). Substances subject to authorization and control. In reply to the Committee’s previous comment, the Government indicates that the National Occupational Health and Safety Services (NOHSS) are still working towards the establishment of the Fiji Chemical Inventory (FCI). Once established, the FCI will contain an inventory of all chemical agents that may be imported into or manufactured in Fiji, based on an assessment report on new chemicals, and where necessary on existing chemicals, which will include the following information: effects on safety and health and the environment; packaging, storage, handling and use; measures to be taken in case of emergency and waste disposal. The Committee also notes that currently, employers have a duty to make notification of the use of industrial chemicals to the Chief Health and Safety Inspector on an annual basis. The NOHSS are in charge of the registration process and, in this context, have the power to prohibit or restrict the import or export of chemicals. The Committee requests the Government to continue to provide information on progress made towards the establishment of the Fiji Chemical Inventory and to indicate whether the competent authority has made arrangements to prohibit, limit or make subject to authorization certain work processes, as provided under Article 11(b) of the Convention.

Article 17. Two or more undertakings at one workplace. While taking note of the Government’s reply regarding the obligation of employers, provided in sections 9 and 11 of the HSWA, to ensure that the workplace is safe and without risk, the Committee recalls that Article 17 of the Convention calls for the adoption of legislative or other provisions whereby two or more employers engaged in activities simultaneously at one workplace are required to collaborate in applying safety and health requirements. Noting the Government’s indication that this point will be considered during the ongoing legislative review process, the Committee requests the Government to take all the necessary steps to establish a duty to collaborate for undertakings engaging in activities simultaneously at the same workplace.

Application in practice. The Committee takes note of the statistical information provided by the Government concerning the number of employers in the country (381,303 in 2013), the number and nature of occupational accidents reported between 2012 and 2014 and the number of enforcement notices issued between 2011 and 2014. In this regard, the Committee notes a sharp increase in the number of contraventions identified in 2014 (458 in total compared to 163 issued in 2013), mostly relating to non-compliance with safety and hygiene standards, unsafe work practices (such as work without adequate personal protective equipment), failure to provide training to OSH committees and failure to report accidents. The Committee requests the Government to continue to provide information on the application of the Convention in practice, including statistical information on the number of workers covered by the relevant legislation, the number, nature and cause of work-related accidents and cases of occupational disease reported and the number and nature of contraventions identified. It also requests the Government to indicate the reasons for the increase in enforcement notices issued in 2014 and to specify any measures, taken or envisaged, with a view to ensuring better compliance with safety and health standards.