Underground Work (Women) Convention, 1935 (No. 45) - Singapore (Ratification: 1965)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment on C.187

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 45 (underground work (women), 155 (OSH) and Convention No. 187 (promotional framework for OSH) together.

The Committee notes the Government’s first report on the application of Convention No. 155.

• General Provisions

Conventions Nos 155 and 187

The Committee notes the information provided by the Government concerning Articles 2(2) (taking into account principles of ILO instruments) and 4(3)(f) (OSH training) of Convention No. 187, which respond to its previous request.

Application of Convention No. 155 and No. 187 in practice. The Committee notes the information provided by the Government in its report, including statistics regarding the number of total workplace injuries and fatalities. The Government indicates that, according to the latest Workplace Safety and Health Report of June 2022, the number of workplace injuries was lower in the first half of 2022 than the two previous six-month periods (4.5 per cent lower and 7.5 per cent lower respectively), but the number of workplace fatalities had increased. The Committee requests the Government to continue to provide information on the application of ratified OSH Conventions in practice, including the number of occupational accidents and cases of occupational diseases.

• Action at the national level

Articles 1(2) and 2(2) of Convention No. 155. Scope of application. The Committee notes the Government’s indication that the national framework on OSH and in particular the Workplace Safety and Health (WSH) Act of 2006, does not cover workplaces owned or occupied by the Singapore Armed Forces (SAF) and certain other uniformed organizations, as well as domestic premises. The Committee notes that under the Sixth Schedule of the WSH Act of 2006, the following categories of workers are excluded: any member of the Singapore Police Force (including the Special Constabulary), Singapore Prisons Service, Internal Security Department, Central Narcotics Bureau, Singapore Armed Forces, Singapore Civil Defence Force, and the Immigration & Checkpoints Authority while on duty; as well as a crew member at work on board any ship, aircraft or any other international mode of transport which does not pose a risk to the safety and health of any person other than the crew member himself or herself or any other crew member on board the ship, aircraft or other international mode of transport. The Government indicates that employees of the SAF and domestic workers are covered by insurance schemes provided by their employers for work injury compensation. With respect to domestic workers, the Government indicates that similar coverage as the WSH Act is provided under the Employment of Foreign Manpower Act 1990. Lastly, the Committee notes that, under section 62 of the WSH Act of 2006, the Minister of Manpower can, by order in the Gazette, exempt any class of workplaces or persons from the application of all or certain provisions of the Act. The Committee requests the Government to indicate whether consultations have been held with the representative organizations of employers and workers concerned regarding these exclusions. The Committee also requests the Government to provide further information on the reasons for this exclusion, to further describe the measures taken to give adequate protection to the excluded categories of workers, and to indicate in subsequent reports any progress towards a wider application of the OSH framework. It further requests the Government to indicate if any classes of workplaces or workers have been exempted by the WSH Act, pursuant to section 62 of the Act.

Article 2(3) of Convention No. 187. Measures that could be taken, in consultation with social partners, to ratify relevant OSH Conventions. Following its previous comment, the Committee notes the Government’s indication that the ratification of Convention No. 155 in 2019 was undertaken in consultation with the social partners. Taking due note of this information, the Committee requests the Government to continue to provide information on the manner in which consideration is given to measures that could be taken to ratify relevant OSH Conventions.

B . Protection in specific branches of activity

Underground Work (Women) Convention, 1935 (No. 45)

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism (SRM) Tripartite Working Group, classified Convention No. 45 as an outdated instrument, and placed an item on the agenda of the 112th Session (2024) of the International Labour Conference regarding the abrogation of the Convention. The Governing Body also requested the Office to follow up with member States currently bound by Convention No. 45 to encourage the ratification of up-to-date instruments related to OSH, including the Safety and Health in Mines Convention, 1995 (No. 176), and to undertake a campaign to promote the ratification of Convention No. 176. The Committee therefore encourages the Government to follow up on the Governing Body’s decision at its 334th Session (October–November 2018) approving the recommendations of the SRM Tripartite Working Group, and to consider ratifying the most up-to-date instruments in this subject area.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s report indicating that there have been no major developments in its application. The Committee notes, however, that the Employment Act (Cap. 91), as amended, no longer contains a provision explicitly prohibiting the employment of female workers on underground work in any mines, as required under the provisions of the Convention. The Committee asks therefore the Government to clarify the position of its law and practice in this regard.

Moreover, the Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided to promote with respect to underground work the ratification of while inviting the States parties to Convention No. 45 to contemplate ratifying the more recent Safety and Health in Mines Convention, 1995 (No. 176), and possibly denouncing Convention No. 45 (see GB.283/LILS/WP/PRS/1/2, paragraph 13). Contrary to the old approach based on the outright prohibition of underground work for all female workers, modern standards focus on risk assessment and risk management and provide for sufficient preventive and protective measures for mineworkers, irrespective of gender, whether employed in surface or underground sites. As the Committee has noted in its 2001 General Survey on night work of women in industry in relation to Conventions Nos. 4, 41 and 89, "the question of devising measures that aim at protecting women generally because of their gender (as distinct from those aimed at protecting women’s reproductive and infant nursing roles) has always been and continues to be controversial" (paragraph 186).

In the light of the foregoing observations, and also considering that the general trend worldwide is to provide protection for women in a fashion that does not infringe their rights to equality of opportunity and treatment, the Committee invites the Government to consider the possibility of denouncing Convention No. 45 and to envisage the ratification of the Safety and Health in Mines Convention, 1995 (No. 176), which shifts the emphasis from a specific category of workers to the safety and health protection of all mineworkers. In this respect, the Committee recalls that according to established practice the Convention will be next open to denunciation during a one-year period from 30 May 2007 to 30 May 2008. The Committee requests the Government to keep the Office informed of any decision taken in this regard.