Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) - Ghana (Ratification: 1986)

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 Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 115 (radiation protection), 119 (guarding of machinery), 120 (hygiene (commerce and offices)), 148 (air pollution, noise and vibration), and 184 (safety and health in agriculture) together.

Legislative reform and policy developments. In its previous comments, the Committee noted the Government’s reference to the development of a draft OSH Bill and draft OSH policy. The Committee notes in this regard that, according to the report of the Government, the reform is still ongoing and a number of points in the Committee’s previous comments would be dealt with in the context of the draft OSH Bill. The Government also indicates that tripartite consultations have taken place in this context. The Committee once again requests the Government to take into account the Committee’s comments in the context of its legislative reform, and to continue to provide information on the progress achieved in this regard.

Application of Conventions Nos 115, 119, 120, 148 and 184 in practice. The Committee notes the information provided by the Government on the 3,520 inspection visits conducted between 2021 and June 2024, which uncovered 207 labour law violations, including 38 violations for failing to provide safety equipment. The Government also indicates that there have been 302 accidents reported in 2024 at the time of the report. The Committee notes that the main types of occupational accidents recorded between 2021 and 2024, as listed by the Government, are those caused by machines, by chemicals, motor traffic accidents, and industrial accidents. The Committee requests the Government to continue to provide information on the application in practice of the Conventions, including on the number of occupational accidents and cases of occupational disease recorded as well as their causes. Noting the statistics provided, the Committee requests the Government to indicate the measures taken to decrease the number of occupational accidents involving machines, motor vehicles and chemicals, as well as other industrial accidents.

Protection against specific risks

Radiation Protection Convention, 1960 (No. 115)

Article 13(a) and (d) of the Convention. Duty to provide an appropriate medical examination and required remedial action based on technical findings and medical advice. Following its previous comments on this matter, the Committee notes the Government’s indication that, in accordance with the Workmen’s Compensation Act (PNDCL 187) of 1987, the employer is required to arrange for the employee to be medically examined by a medical practitioner, at no expense to the worker. The Committee notes that section 14 of the Workmen’s Compensation Act (PNDCL 187) of 1987 concerns medical examinations in the situation of an injury. The Committee requests the Government to indicate any other circumstances under which medical examinations are required because of the nature or degree of the exposure or a combination of both, and the measures ensuring that the employer shall take necessary remedial action on the basis of the technical findings and the medical advice.

Article 14. Discontinuation of assignment to work involving exposure to ionizing radiation pursuant to medical advice and alternative employment. Following its previous comments on the measures taken to give effect to this Article, the Committee notes the Government’s indication that employees are paid a retirement compensation subject to medical grounds, in situations where there are no vacancies or positions available in the establishment for a transfer. The Committee requests the Government to provide further information on the implementation of Article 14 in practice, with a view to ensuring that no worker shall be employed or shall continue to be employed in work with exposure to ionizing radiation contrary to qualified medical advice, including further information on measures for the provision of alternative employment.

Article 15. Inspection services. The Committee notes the Government’s indication that the Labour Department, the Department of Factories Inspectorate and the Ghana Standards Authority are mandated to carry out inspections in relation to the application of this Convention. The Committee observes that the annual Statistical Reports of the Ministry of Employment and Labour Relations of 2021 and 2022 contain information on the inspection activities of the Labour Department and of the Department of Factories, but do not contain specific information related to radiation work. In addition, the Committee notes that sections 71 to 74 of the Nuclear Regulatory Authority Act (No. 895), 2015, provide for the appointment of inspectors and their powers in relation to nuclear installations. The Committee requests the Government to provide information on the inspection visits conducted by the inspectors of the Nuclear Regulatory Authority, the Labour Department, the Department of Factories Inspectorate, and the Ghana Standards Authority in relation to work involving exposure to radiation, and on their results.

Guarding of Machinery Convention, 1963 (No. 119)

Articles 1 and 17 of the Convention. Scope of application. The Committee previously noted the provisions of the Factories, Offices and Shops Act, 1970, and the Mining Regulations, 1970, giving effect to the Convention in factories, offices, shops and in the mining sector. In this respect, the Committee notes that the Government reiterates its commitment to ensuring that all sectors will be considered, in the context of the draft OSH Bill. The Committee notes that the statistics provided by the Government include machines as one of the causes of reported accidents, which have overall increased from 1,043 accidents in 2022, to 1,337 in 2023. The Committee firmly hopes that measures, including the adoption of the OSH Bill, will be taken in the near future to ensure the application of this Convention in all branches of economic activity. The Committee requests the Government to provide information on the measures to address the rising number of accidents, and the measures taken in practice to ensure the application of this Convention in all sectors.

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

Articles 4(2) and 8(1) of the Convention. Technical standards and establishing criteria for determining hazards. Following its previous comments on the ongoing process to adopt technical standards, the Committee notes the Government’s indication that technical standards will be finalized by the Ghana Standards Board and adopted as part of the OSH Bill. The Committee requests the Government to indicate the criteria established in this process for determining the hazards of exposure to air pollution, noise and vibration in the working environment, and to indicate the exposure limits fixed on the basis of those criteria.

Article 5. Consultations. In its previous comments, the Committee noted the Government’s reference to a tripartite body deliberating on issues related to the Convention. In the absence of any new information on this matter, the Committee once again requests the Government to provide information onthe nature of consultations held in the abovementioned tripartite body, and on any action taken as a result of those consultations.

Article 11. Medical examinations and alternative employment. Following its previous comments on the measures taken to give effect to Article 11, the Committee notes that the Government reiterates that prospective employees undergo pre-employment medical examinations at their own cost. The Government, however, indicates that regular medical examinations are provided at no cost to employees working in mining and hazardous environments, and that exit medical examinations are provided to such workers at the cost of the employer. The Committee once again recalls that, pursuant to Article 11(2), the medical supervision envisaged under Article 11(1) of the Convention, which includes a pre-assignment medical examination, shall be free of cost to the worker concerned. The Committee further observes an absence of information in response to its previous request concerning Article 11(3), on the transfer of workers to a suitable alternative employment or to maintain their income through social security or other measures, when continued assignment to work involving exposure to air pollution, noise or vibration is found to be medically inadvisable. The Committee once again requests the Government to indicate the measures taken to ensure that,where continued assignment to work involving exposure to air pollution, noise or vibration is found to be medically inadvisable, every effort shall be made to provide the worker concerned with suitable alternative employment or to maintain their income through social security measures or otherwise. The Committee also hopes that the draft OSH Bill, when adopted, will include specific provisions giving full effect to Article 11 of the Convention.

Article 12. Notification to the competent authority. Following its previous comments on the notification of the use of certain processes, substances, machinery and equipment to the Department of Factories Inspectorate, the Committee notes the Government’s indication that, during their registration or renewal, it is required to list substances, machinery and equipment used on the work premises in a form for submission to the Department of Factories Inspectorate. The Government further indicates that, upon inspection, recommendations for safe use are given to employers and workers, before the use of such substances, machinery and equipment. The Committee requests the Government to specify the processes, substances, machinery and equipment involving exposure of workers to occupational hazards in the working environment due to air pollution, noise or vibration, that are subject to this requirement of notification.

Protection in specific branches of activity

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

Article 4(1) of the Convention. National policy on safety and health in agriculture. Following its previous comments on this matter, the Committee notes the Government’s indication that the Ghana Employers’ Association (GEA) has developed an OSH Management Guidelines for the agricultural sector, in consultation with stakeholders. The Committee nevertheless recalls that, under Article 4 of the Convention, Members shall formulate, carry out and periodically review a coherent national policy on safety and health in agriculture, in the light of national conditions and practice and after consulting the representative organizations of employers and workers concerned. In this regard, the Committee notes that the guidelines developed by the GEA indicate that the legal and policy framework currently regulating the management of OSH in Ghana is fragmented, with some overlaps. The Committee accordingly requests the Government to indicate the measures it has taken to formulate a coherent national policy on safety and health agriculture, and to provide information on the consultations that took place in this regard with the representative organizations of employers and workers concerned.

Article 5. Adequate and appropriate system of inspection. Following its previous comments, the Committee notes the Government’s statement that the labour inspectorate carries out inspections in all sectors, including the agricultural sector. In this regard, the Committee notes the Government’s indication that 145 inspection visits were carried out in the agricultural sector between 2021 and June 2024. The Committee requests the Government to provide further information on the activities of the labour inspectorate in the agricultural sector, including the manner in which the Government ensures that the labour inspectorate is provided with adequate means to carry out its duties in respect of agricultural workplaces.

Article 6(2). Cooperation between two or more employers in an agricultural workplace. In the absence of information on new measures taken in this regard, the Committee once again requests the Government to ensure, including in the context of the ongoing legislative reform on OSH, that whenever two or more employers undertake activities in an agricultural workplace, or one or more employers and one or more self-employed persons undertake activities, they shall cooperate in applying the safety and health requirements.

Article 7(a) and (c). Risk assessments and adoption of preventive and protective measures. Following its previous request concerning the measures taken to give effect to Article 7(a) and (c), the Committee notes the Government’s statement that it will include provisions in the draft OSH Bill regarding appropriate risk assessment and preventive and protection measures, as well as immediate steps to stop any operation where there is an imminent and serious danger to the safety and health of workers. The Committee requests the Government to take measures, including in the context of the ongoing legislative reform on OSH, to ensure that employers in agriculture: (i) carry out appropriate risk assessments in relation to the safety and health of workers and adopt preventive and protective measures to ensure that under all conditions of their intended use, all agricultural activities, workplaces, machinery, equipment, chemicals, tools and processes under the control of the employer are safe (Article 7(a)); and (ii) take immediate steps to stop any operation where there is an imminent and serious danger to safety and health and to evacuate workers as appropriate (Article 7(c)).

Article 8. Rights and duties of workers in agriculture and their representatives. Following its previous comments on the measures taken to give effect to Article 8(1)(a), (2) and (4), the Committee notes that the OSH Management Guidelines developed by the GEA sets out various OSH and duties that workers should have, including to be informed and consulted on OSH matters, to participate in the application and review of OSH measures and, in accordance with national law and practice, to select OSH representatives and representatives in OSH. The Government also refers to a manual on OSH measures, developed by the General and Agricultural Workers Union (GAWU). The Committee also notes the Government’s indication that sensitisation programmes are organised in practice, and that tripartite consultations have taken place in the context of the draft OSH Bill. The Committee requests the Government to indicate the measures that it has taken or envisages to take to provide for the rights and duties under Article 8(1) and (2) in the context of its legislative reform on OSH.

Articles 9 and 10. Machine safety. In the absence of information, the Committee once again requests the Government to indicate the specific measures taken to: (i) prescribe that machinery, equipment, including personal protective equipment, appliances and hand tools used in agriculture, comply with national or other recognized safety and health standards and be appropriately installed, maintained and safeguarded (Article 9(1)); (ii) ensure that manufacturers, importers and suppliers comply with such standards and provide adequate and appropriate information to the users and, on request, to the competent authority (Article 9(2)); and (iii) ensure that workers receive and understand the safety and health information supplied by manufacturers, importers and suppliers (Article 9(3)). In addition, the Committee once again requests the Government to take measures to ensure that national laws and regulations: (i) prohibit the use of all agricultural machinery and equipment for purposes other than those initially envisaged (Article 10(a)); and (ii) require that all agricultural machinery and equipment be operated by trained and competent persons (Article 10(b)).

Article 11. Handling and transport of materials. Following its previous comments on this matter, the Committee notes the Government’s reference to the OSH Management Guidelines developed by the GEA and the manual developed by the General and Agricultural Workers Union. The Committee recalls, however, that Article 11 provides for the competent authority to establish the relevant safety and health requirements for the handling and transport of materials, after consulting the representative organizations of employers and workers concerned. Accordingly, the Committee once again requests the Government to provide information on any further measures taken, including in the context of the legislative OSH reform, to establish safety and health requirements for the handling and transport of materials (Article 11(1)); as well as measures taken to ensure that workers do not engage in the manual handling or transport of a load which by reason of its weight or nature is likely to jeopardize their safety and health (Article 11(2)).

Article 12. Sound management of chemicals. Following its previous comments on this matter, the Committee notes the information provided by the Government regarding the system of registration, classification, licensing and packaging of pesticides under the Environmental Protection Agency Act (No. 490) of 1994 (EPA Act). Under section 28(1) of the EPA Act, a person shall not import, export, manufacture, distribute, advertise, sell or use a pesticide unless the pesticide has been registered by the Agency. The EPA Act further contains provisions related to the classification of pesticides and their approval or refusal by the Environmental Protection Agency. Under section 50(2) of the EPA Act, where a container, label or packaging is prescribed by the Environmental Protection Agency, it is prohibited to manufacture, import, export, distribute, advertise or sell a registered pesticide other than in the package or container prescribed, or to alter the label of a pesticide so as to misrepresent its nature. In addition, the Committee notes the Government’s indication that the management of hazardous waste and expired chemicals is regulated under the Hazardous and Electronic Waste Control and Management Act (No. 917) of 2016 and the Hazardous, Electronic and Other Wastes (Classification) Control and Management Regulations 2016. The Committee takes note of this information, which addresses its previous request.

Article 13. Preventive and protective measures in agriculture for the use of chemicals and handling of chemical waste at the level of the undertaking. Following its previous comments, the Committee notes the information provided by the Government in relation to the clauses of the Good Agricultural Practices for Ghana (Ghana GAP) (GS 949-1:2011) applicable to the storage of pesticides and fertiliser, to workers’ protective clothing and equipment, to annual health checks, and to the disposal of empty pesticide containers and obsolete pesticides. The Committee further notes that section 44 of the EPA Act sets out safeguards for the use of pesticides, including that a person shall not require or permit an employee to handle or use a pesticide in the course of employment without providing and requiring the employee to use protective facilities and clothing that will permit the safe handling of pesticides. The Committee requests the Government to provide further information on the implementation in practice of provisions of the EPA Act and the Ghana GAP (GS 949-1:2011) concerning the safe handling of pesticides and the disposal of containers and chemical waste. The Committee also requests the Government to indicate any preventive and protective measures prescribed that concern agricultural activities leading to the dispersion of chemicals (Article 13(2)(b)).

Article 14. Animal handling and protection against biological risks. Following its previous comments, the Committee notes the Government’s indication that the Ghana Standards Authority has no health and safety standards concerning the handling of biological agents and that it will take the necessary steps to consider this in the future adoption of standards. The Committee requests the Government to take measures to ensure that risks are prevented or kept to a minimum when biological agents are handled, and activities involving animals, livestock and stabling areas, comply with national or other recognized health and safety standards. The Committee requests the Government to provide information on the developments in this regard.

Article 15. Agricultural installations. Following its previous comments requesting for information on the measures taken to apply Article 15, the Committee notes the Government’s indication that the Agriculture Engineering Services under the Ministry of Food and Agriculture are responsible for the construction, maintenance and repairing of agricultural installations that conform with national laws and regulations and safety and health requirements. The Committee requests the Government to specify the relevant national laws, regulations and safety and health requirements relevant to the construction, maintenance and repairing of agricultural installations.

Article 16. Young workers and hazardous work. Following its previous comments, in which it noted that the Government envisaged reviewing and updating the list of types of hazardous work under section 91 of the Children’s Act (No. 569) of 1998, the Committee notes the Government’s indication that the new list of hazardous works prohibited to young persons under 18 years of age has been developed, after consultations with social partners, and will be communicated once it has passed into law. With reference to its comment under the Worst Forms of Child Labour Convention, 1999 (No. 182), the Committee requests the Government to provide further information on the new list of hazardous works prohibited to young persons under 18 years of age, as well as any other measures taken to ensure that, in practice, children under 18 do not engage in hazardous work in agriculture (Article 16(1)).

Article 18. Pregnancy, breastfeeding and the reproductive health of women agricultural workers. Following its previous comments on the measures taken to give effect to this Article, the Committee notes that the Government refers to the existence of clauses in collective agreements, which include transferring pregnant women from work in environments involving harmful exposures to office schedules. The Committee also notes that the OSH Management Guidelines developed by the GEA recommend that systems and procedures should be put in place to ensure that pregnant or breastfeeding workers are not exposed to pesticides. The Committee requests the Government to provide further information on the measures taken to ensure that the special needs of women agricultural workers are taken into account in relation to pregnancy, breastfeeding and reproductive health.

Article 19. Welfare and accommodation facilities.The Committee once again requests the Government to provide information on the measures taken 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, pursuant to Article 19(b) of the Convention.

Article 21. Coverage for occupational injuries and diseases. Following its previous comments on the measures taken to give effect to this Article, the Committee notes the Government’s statement that all workers, including those in the agricultural sector, benefit from the social security scheme provided under the Workmen’s Compensation Act (PNDCL 187) of 1987. The Committee takes note of this information, which addresses its previous request.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Articles 4(2) and 8(1) of the Convention. Technical standards and establishing criteria for determining hazards. Referring to its previous comments, the Committee notes the Government’s indication that no technical standard or code of practice has been adopted. It notes that the Government reiterates that the process of adopting technical standards on occupational hazards, including air pollution, noise and vibration in collaboration with Ghana Standards Board, is ongoing. The Government also reiterates that sections 23, 25 and 26 of the Factories, Offices and Shops Act No. 328 of 1970 (Act No. 328) provide other appropriate methods to minimize and control hazards at work. The Committee hopes that appropriate technical standards regulations on occupational hazards will be adopted in the near future. It requests the Government to supply copies of the regulations, once adopted.

Article 5. Consultations. In its previous comments, the Committee noted that Act No. 328 was in the process of being amended and that the draft bill seeks to impose a duty on the employer to establish safety and health committees. The Committee notes that, in its report, the Government refers to a tripartite body comprising employer, worker representatives and the Government, which deliberate on issues related to the Convention, but no longer refers to the above draft bill. The Committee requests the Government to indicate whether the Factories, Offices and Shops Act of 1970 is still in the process of being amended. The Committee also requests the Government to provide further information on the consultations held in the above tripartite body, and the action taken as a result of these consultations.

Article 11. Medical examinations and alternative employment. The Committee noted in its 2007 comment that under section 19(1) and (2) of the Labour Regulation 2007 (L.I. 1833), an employer shall not permanently engage an employee in any work unless a recognized medical practitioner certifies at pre-medical examination that the employee is in good health and is medically fit for the work assigned to the employee, and an employee who works in hazardous situations such as contact with fumes and gaseous substances shall undergo a periodic medical examination once in a year. It also noted that, according to the Government, prospective employees are required to undergo a medical examination at their own cost. In addition, in its previous comment, the Committee noted the Government’s statement that national law does not regulate the provision of suitable alternative employment for workers required to discontinue their work involving exposure to air pollution and noise and does not provide for any measures to ensure that workers required to discontinue their work are able to maintain their income. The Committee recalls that, under Article 1(1) of the Convention, medical examinations shall be undergone not only by workers exposed to occupational hazards due to air pollution, but also to noise or vibration, and under paragraph 2, such supervision shall be free of cost for the worker concerned. It also recalls the obligation to make efforts to provide the worker with suitable alternative employment or to maintain his/her income otherwise, in the circumstances described in paragraph 3. The Committee therefore requests the Government to provide information on the measures taken or envisaged to give full effect in law and practice to Article 11(1) to (3) of the Convention.

Article 12. Notification to the competent authority. With reference to its previous comments, the Committee notes the Government’s indication that at workplaces covered by Act No. 328, the competent authority is the Department of Factories Inspectorate under the Ministry of Employment and Labour Relations. The Committee recalls that Article 12 of the Convention provides that the use of certain processes, substances, machinery and equipment, to be specified, must be notified to the competent authority which, as appropriate, may authorize their use on prescribed conditions or prohibit it. The Committee therefore requests the Government to indicate whether the use of certain processes, substances, machinery and equipment has to be notified to the Department of Factories Inspectorate (as the competent authority) when they involve the exposure of workers to occupational hazards in the working environment due to air pollution, noise or vibration. The Committee also requests the Government to provide information on any conditions prescribed by the competent authority for such use.

Article 16. Labour inspection. Application in practice. The Committee notes the Government’s indication that section 63 of Act No. 328 prescribes general penalties for non-compliance. The Committee once again requests the Government to provide a general appreciation of the application of the Convention, including information on the activities of labour inspectors and extracts from labour inspection service reports, statistical information on the number of workers covered by the legislation, the number and nature of contraventions reported, as well as any other information allowing the Committee to assess more accurately the manner in which the Convention is applied in practice in the country.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 4(2) and Article 8(1) of the Convention. Technical standards and establishing criteria for determining hazards. With reference to its previous comments, the Committee notes the Government statement that the process of developing technical standards on occupational hazards, including air pollution noise and vibration has not yet been completed. The Committee reiterates its request to the Government to complete this work in the very near future and request it to transmit copies of these technical standards once they have been adopted.

Article 5. Consultations. The Committee notes with interest that the Factories, Offices and Shops Act, 1970 (Act 328), is currently being amended and that the draft bill seeks to impose a duty on the employer to establish safety and health committees at all workplaces to ensure consultation and collaboration between employers and workers at the enterprise levels. The Committee requests the Government to provide detailed information on progress concerning the legislative amendment under way to ensure compliance with this provision of the Convention and to transmit copies of the relevant new or amended legislation once it has been adopted.

Article 11(1–3). Medical examinations and alternative employment. The Committee notes the Government’s statement that national law does not regulate the provision of suitable alternative employment for workers required to discontinue their work involving exposure to air pollution and noise and does not provide for any measures to ensure that workers required to discontinue their work are able to maintain their income. With reference to requests for technical assistance made in the context of the application of other occupational safety and health Conventions ratified by Ghana, the Committee notes that the statement by the Government that it also requests technical assistance from the Office on measures to take to ensure compliance with these provisions of the Convention. Noting the reference made its previous comments regarding the medical examination provided for in sections 18(1) and (2) of the Labour Regulations 2007, the Committee observes that the report is silent on the question on measures taken to ensure that that these medical examinations shall be free of costs for the workers concerned. The Committee requests the Government to take the measures necessary to give full effect to Article 11 of the Convention and recalls that this issue could be considered in the context of technical assistance provided to the Government on the application of other ILO Conventions on occupational safety and health ratified by Ghana.

Article 12. Notification to competent authority. The Committee notes reference made to sections 18(1) and (2) of the Labour Regulations, 2007 which require employers to notify the Chief Labour Officer or the Inspector of Factories of any occupational accidents, diseases or fatalities and the Government’s statement that the question of regulating notification requirements related to exposure to air noise and vibration is under consideration in the context of the ongoing revision of the Factories Offices and Shops Act, 1970 (Act 238). Welcoming this development the Committee takes this occasion to recall that it is of general importance to record and notify the competent authorities of all causes of occupational accidents, diseases and fatalities, as such information may assist all parties concerned in the efforts to take appropriate measures to bring down the number of such accidents, diseases and fatalities. It also expresses the hope that in the context of the ongoing revision of relevant legislation the Government will also consider regulating in more detail the scope of the obligations related to notification including, for example, in relation to the criteria for the identification and recognition of accidents, diseases and fatalities as occupational. The Committee requests the Government to provide further information in its next report on any amendments to current legislation to ensure compliance with this provision of the Convention.

Article 16 and Part IV of the report form. Labour inspection and application in practice. The Committee notes the information provided regarding the manner in which the Labour Inspectors have been empowered to act in accordance with the Labour Act, 2003 (Act 561) section 124(1), but that the report is silent as regards the outcome of the actions taken by the labour inspectors. The Committee requests the Government to provide a general appreciation of the application of the Convention including information on the activities of the labour inspectors and extracts from labour inspection services reports, statistical information on the number of workers covered by the legislation, the number and nature of contraventions reported, as well as any other information allowing the Committee to assess more accurately how the Convention is applied in practice in the country.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. The Committee notes the information contained in the Government’s report. It notes with interest the adoption of the new Labour Regulations 2007 (L.I. 1833). It also notes the information provided by the Government giving effect to Articles 1, paragraph 1; 6, paragraph 1; 10; and 13 of the Convention. Noting references made thereto, the Committee requests the Government to provide copy of the new Labour Regulation 2007.

2. Article 4, paragraph 2, and Article 8, paragraph 1. Technical standards and establishing criteria for determining hazards. With reference to its previous comments, the Committee notes the Government’s statement that the process of technical standards on occupational hazards, including air pollution noise and vibration is ongoing, in collaboration with Ghana standards board. The Committee requests the Government to complete this work in the very near future and requests it to transmit copies of these technical standards once they have been adopted.

3. Article 5. Consultations. The Committee notes the information provided by the Government according to which inspectors of the Department of Factories Inspectorate provide technical information and advice to employers and workers at the enterprise level. However, the Committee wishes to reiterate that under the terms of Article 5 of the Convention, provision shall be made for collaboration at the enterprise level between employers and workers in the application of the measures prescribed in pursuance of the Convention. The Committee accordingly requests the Government to provide detailed information in its next report on the measures taken to ensure that employers and workers at the enterprise level collaborate in the application of the measures prescribed in pursuance of the Convention.  

4. Article 11, paragraphs 1 and 3. Medical examinations and alternative employment. The Committee notes the Government’s statement that prospective employees in both public and private sectors are required to undergo medical examination at the employees’ own cost. In this regard, section 19(1) and (2) of the abovementioned Labour Regulation 2007 states that “An employer shall not permanently engage an employee in any work unless a recognize medical practitioner certifies at pre-medical examination that the employee is in a good health and is medical fit for the work assigned to the employee.” Subparagraph 2 provides that “an employee who works in hazardous situation such as contact with fumes and gaseous substances shall undergo a periodic medical examination once in a year”. Against this background, the Committee recalls that medical examination shall be free of cost to the worker concerned. Furthermore, the Committee notes that the report is silent on the question of the transfer of workers exposed to air pollution or noise and also on the question of measures taken to ensure that workers transferred are able to maintain their income. It requests, accordingly, the Government to provide further information on how effect is given to the obligation to make every effort, in accordance with national law and practice, to provide suitable alternative employment for workers required to discontinue work involving exposure to air pollution or noise and to ensure that workers required to discontinue work are able to maintain their income.

5. Article 12. Notification to competent authority. With reference to its previous comments, the Committee notes that the Government refers to sections 18(1) and (2) of the newly adopted Labour Regulations 2007 (copy of which is not available). This provision provides for notification to the Chief Labour Officer or to the Inspector of Factories any occupational accident, disease or death which occurs during the course of the employment of the employee. However, this Article of the Convention provides for notification to the competent authority the exposure of workers to occupational hazards in the working environment due to pollution, noise or vibration. The Committee, accordingly, requests the Government to provide information on whether regulations respecting air pollution, noise and vibration in the working environment have been adopted or are envisaged. It also asks the Government to provide detailed information on measures taken or envisaged to ensure that any exposure of workers to occupational hazards in the working environment due to air pollution, noise or vibration are notified to the competent authority, in accordance with Article 12 of the Convention.

6. Article 16 and Part IV of the report form. Labour inspection. With reference to its previous comments, the Committee notes that the Government remains silent on this point. The Committee reiterates its request to the Government to provide detailed information on duties and powers of labour inspectors, extracts from labour inspection services reports, statistical information on the number of workers covered by the legislation, the number and nature of contraventions reported, as well as any other information allowing the Committee to assess more accurately how the Convention is applied in practice in the country.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes the information contained in the Government’s report and the attached legislation. It notes with interest the adoption of the Labour Code, 2003 (Act No. 651 of 8 October 2003), including, in particular, its articles 118-121 concerning occupational health, safety and the environment.

2. Article 1, paragraph 1, of the Convention. Scope of application. The Committee notes that section 1 of the Labour Act provides that it applies to workers in all branches of activities, in accordance with the Convention. It further notes that section 176 provides that when any previously existing legal enactment is inconsistent with the Act, the provision of the Labour Act shall prevail. Having noted previously that the definition of “factory” in the Factories, Offices and Shops Act, 1970, provided a limitation of the application of certain branches, such as mining activities, and noting the Government’s statement that the Factories, Offices and Shops Act is still applicable for the application of the Convention, the Committee requests the Government to clarify whether the Labour Code, 2003, has the effect that the Factories, Office and Shops Act now also apply to all branches of economic activities, in accordance with Article 1(1) of the Convention or in the alternative, whether any other action has been taken to bring the excluded sectors within the ambit of relevant national legislation such as following up on the recommendation of the National Advisory Committee on Labour to ratify the Occupational Safety and Health Convention, 1981 (No. 155).

3. Article 4, paragraph 2, and Article 8, paragraph 1. Technical standards and establishing criteria for determining hazards. The Committee notes the Government’s statement that at present industrial hygiene surveys are carried out to assess exposure limits at the workplace and that noise level meters and casella dust samples are used for assessing noise and air pollution levels, respectively. Against the background of comments it has made on the application of these Articles of the Convention, the Committee notes that the Government now indicates that technical standards on occupational hazards, including air pollution, noise and vibration, are being developed in collaboration between the relevant department and the Ghana Standards Board. The Committee welcomes the information that technical standards are being developed, and urges the Government, in that process, to establish criteria for determining the hazards of exposure to air pollution, noise and vibration in the working environment, taking into account the opinion of a technically competent person that has been appointed for this purpose by the employer and workers concerned, and establish such criteria in the light of international knowledge and data. The Committee invites the Government to complete this work at its earliest convenience, and requests it to transmit copies of these technical standards once they have been adopted. 

4. Article 5. Consultations. The Committee notes the Government’s statement that the National Advisory Committee on Labour, a tripartite body, meets on a regular basis. However, the Committee feels obliged to once again recall that, under the terms of Article 5 of the Convention, provision shall be made for collaboration at the enterprise level between employers and workers in the application of the measures prescribed in pursuance of the Convention. The Committee requests the Government to provide detailed information in its next report on the measures taken to ensure that employers and workers at the enterprise level collaborate in the application of the measures prescribed in pursuance of the Convention.

5. Article 6, paragraph 1. Employer’s obligations to comply with prescribed measures. The Committee notes that in its report the Government only makes reference to the Factories, Offices and Shops Act, 1970, which, in sections 15, 23(1) and 26, contain prescriptions on measures to be taken with respect to noise, air pollution and vibration. It further notes that the provisions in the Factories Act do not specify whose responsibility it is to comply with these prescriptions. The Committee notes, however, with interest, that the new Labour Act contains several provisions that appear to be particularly relevant in this context. These include sections 9, 118(1), 118(2)(h) and 118(2)(d), as well as section 118(5), prescribing sanctions for non-compliance. The Committee notes that the new legislation does not contain any provisions to govern the situation when two or more employers undertake activities simultaneously at one workplace. The Committee requests the Government to provide additional information on how the referenced provisions of the Labour Code 2003 are applied in practice, and reiterates its previous request to the Government to indicate in its next report the measures taken to ensure the required collaboration between one or two employers simultaneously undertaking activities in one workplace with respect to preventive measures to air pollution, noise and vibration at the workplace.

6. Article 10. Personal protective equipment. The Committee notes that section 118(2)(e) of the Labour Act and section 25 of the Factories, Offices and Shops Act, 1970, prescribe that employers shall provide workers with personal protective equipment and shall instruct the workers of the use of the appliances or equipment. The Committee requests the Government to provide further information on which types of protective equipment are provided by employers to their workers to protect them from air pollution, noise and vibration in the working environment, and whether these include respiratory protective equipment of all types, ear muffs/plugs and vibration damping materials.

7. Article 11. Medical examinations. The Committee notes that, under section 29 of the Factories, Offices and Shops Act, 1970, the Minister may, in a written notice, require that medical examinations be undertaken. The Committee feels obliged to highlight that, pursuant to Article 11 of the Convention, it is up to the competent person appointed by the employer to determine which particular medical examinations are to be conducted and to which workers/groups of workers this shall apply, including pre-medical examinations and thereafter with certain periodicity. In addition, medical examinations shall be free of costs to the worker concerned. The Committee requests the Government to provide further information on the practical application of this Article of the Convention and how it is ensured that workers are provided with both pre-assignment medical examinations as well as examinations at periodic intervals thereafter at no cost to the workers concerned. 

8. Article 12. Notification to competent authority. The Committee notes that the Government’s reference to section 30(1)(d) and (e) of the Factories, Offices and Shops Act, 1970 ensures that the Minister may adopt further regulations with respect to air pollution, noise and vibration in the workplace and that, according to sections 121 and 174 of the Labour Act, the Ministry should adopt regulations providing special measures to be taken by employers to safeguard the health and safety of workers. The Committee requests the Government to provide information on whether regulations respecting air pollution, noise and vibration in the working environment have been adopted or are envisaged. It also asks the Government to provide detailed information in its next report on measures taken or envisaged to ensure that any exposure of workers to occupational hazards in the working environment due to air pollution, noise or vibration are notified to the competent authority, in accordance with Article 12 of the Convention.

9. Article 13. Providing workers with information and instructions. The Committee notes that sections 9(c) and (g) and 118(2)(c) of the Labour Act require the employers to inform and instruct their workers. The Committee requests the Government to provide detailed information with its next report on how these provisions are applied in practice.

10. Article 16 and Part IV of the report form. Labour inspection. The Committee notes that sections 122-126 of the Labour Act and sections 73-77 of the Factories, Offices and Shops Act provide for rules applicable to labour inspection. The Committee requests the Government to provide detailed information on duties and powers of labour inspectors, extracts from labour inspection services reports, statistical information on the number of workers covered by the legislation, the number and nature of contraventions reported, as well as any other information allowing the Committee to assess more accurately how the Convention is applied in practice in the country.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the Government’s report and the replies to its previous comments.

Article 1, paragraph 1, of the Convention. The Committee notes that section 83(10) of the Factories, Offices and Shops Act, 1970, provides that the definition of a "factory" shall not apply to any building operations undertaken below ground in a mine, to any works of engineering construction undertaken at a mine, or to premises of a mine in which the only activity carried on is ancillary to the getting, dressing or preparation for sale of minerals. The Government is requested to indicate the manner in which the Convention is applied to these activities and to provide a copy of the Factories Regulations, 1970, to which it refers in its report.

Article 1, paragraphs 2 and 3. The Committee recalls that in its first report the Government indicated that, due to the absence of legislation respecting agriculture and forestry, and after consultation with the representative organizations of employers and workers concerned, these branches of economic activity had been excluded from the application of the Convention. The Committee is therefore bound to reiterate its previous request to the Government to indicate in future reports the position of its law and practice, with an indication of the extent to which effect has been given or is proposed to be given to the Convention in respect of these branches, in accordance with paragraph 3 of this Article. The Committee notes that the National Advisory Committee on Labour recommended that the Government ratify the Occupational Safety and Health Convention, 1981 (No. 155), so that these sectors are covered by occupational health practices. The Committee requests the Government to continue providing information to the International Labour Office on the outcome of this initiative.

Article 4, paragraph 2, and Article 8, paragraph 1. The Committee notes that the technical standards proposed by the American Conference of Government Industrial Hygienists (ACGIH), to which the Government refers in its report, consist of threshold limit values (TLVs) established within the context of the ACGIH with regard to noise, heat stress, chemical hazards related to dust, gases and fumes, and vibration. The Committee requests the Government to indicate the means by which it gives effect to these standards in law and practice. The Committee notes that the Government’s last report no longer refers to the technical standards proposed by the International Organization for Standardization (ISO), which it had previously indicated that it used for the practical implementation of the measures prescribed and for the establishment of criteria for determining hazards of exposure to air pollution, noise and vibration and the exposure limits to these hazards. The Committee requests the Government to indicate in its next report whether it still avails itself of the technical standards of the International Organization for Standardization (ISO) and, if so, to specify which standards.

Article 5, paragraphs 3 and 4. The Committee notes the Government’s reference to a proposed amendment to the Factories, Offices and Shops Act, 1970, to give effect to this Article of the Convention. In the absence of this amendment, the Committee wishes to remind the Government that, under the terms of this Article of the Convention, provision shall be made for collaboration at the enterprise level between employers and workers in the application of the measures prescribed in pursuance of the Convention and that representatives of the employer and of the workers must be guaranteed the opportunity to accompany inspectors during their inspections, unless the inspectors consider, in the light of the general instructions of the competent authority, that this may be prejudicial to the performance of their duties. The Committee hopes that the draft text prepared by the Government will contain provisions giving effect to Article 5 and requests the Government to keep the International Labour Office informed of the progress made in relation to the proposed amendment and on any other measure that has been taken or is envisaged to give effect to this provision.

Article 6, paragraph 1. The Government once again states in its report that the technical implementation of the measures prescribed in pursuance of the Convention is based upon the technical standards of the ACGIH. The Committee requests the Government to indicate the measures taken to ensure that employers are made responsible for compliance with these technical standards. The Committee notes the power conferred upon inspectors by section 52 of the Factories, Offices and Shops Act, 1970, to complain to a court in the cases set out in this provision. The Committee requests the Government to indicate the manner in which this provision ensures that employers are made responsible for compliance with the above technical standards.

Article 6, paragraph 2. The Committee notes the Government’s indication that the draft amendment to the Factories, Offices and Shops Act, 1970, would be reviewed to make provision for the application of Article 6, paragraph 2. It requests the Government to keep the International Labour Office informed of the progress of this draft text and to supply a copy of the Act, as amended, with its next report. In the meantime, the Committee recalls that it noted the Government’s indication in its first report that the fact that employers are jointly responsible for the observance of any provisions for the prevention and control of, and protection against hazards due to air pollution, noise and vibration, ensures their collaboration in this respect. The Committee had requested the Government, and renews its request, to indicate any measures taken or envisaged to ensure a more active collaboration between two or more employers undertaking activities simultaneously at one workplace and to give particulars of any general procedures which may be prescribed for such collaboration.

Article 7, paragraphs 1 and 2. The Committee notes from the Government’s report that clause 31 of the draft amendment to the Factories, Offices and Shops Act, 1970, gives effect to this Article of the Convention. The Government states that clause 28 of this draft amendment provides for the establishment of safety committees for the purpose of promoting cooperation between employees and employers in achieving and maintaining safe and healthy working conditions. The involvement of workers in the management of their working environment allows them to make proposals and suggestions to improve occupational safety measures. In this respect, clause 31 of the draft amendment to the 1970 Act gives workers the right to remove themselves from imminent danger and to inform their supervisor about the hazard to ensure that remedial measures are instituted to safeguard health and safety. The Committee hopes that this draft text will be adopted and requests the Government to provide a copy of the Act, as amended.

Article 8, paragraphs 1 and 2. The Committee notes that the National Advisory Committee on Labour is consulted on all matters relating to labour and that the opinion of technically competent representatives is taken into account during the discussions on technical standards relating to air pollution, noise and vibration. The Committee requests the Government to indicate the procedures for establishing criteria for the determination of hazards of exposure to air pollution, noise and vibration in the working environment and, where appropriate, the exposure limits specified on the basis of these criteria. Furthermore, it requests the Government to indicate the procedures by which the opinion of technically competent persons designated by employers’ and workers’ organizations is taken into account. Furthermore, the Committee requests the Government to indicate the methods envisaged for determining whether the exposure limits specified under Article 8 are exceeded.

Article 9. The Committee notes that, according to the Government, section 3 of the Factories, Offices and Shops Act, 1970, requires any person intending to use premises as a factory to apply for registration of the premises. Furthermore, the Government states that the application envisaged under section 3 must be made on a prescribed form. This includes particulars of the nature of the work, the manufacturing process, and the plant and equipment to be used in the manufacturing process. Section 4 of the Act provides for a system of prior approval of building plans for premises intended to be used as factories, including particulars of the nature of the work or manufacturing process intended to be used. In both cases, these particulars form the basis for decisions to approve the suitability of the plans, plant, equipment and processes and for ensuring that they do not pose risks to the health of workers arising from air pollution, noise and vibration. In view of the above, the Committee once again requests the Government to indicate the technical measures applied to new plant or processes in their design or installation, or added to existing plant or processes, as well as the supplementary organizational measures intended to ensure the protection of workers against hazards arising from air pollution, noise and vibration. The Committee also notes that clause 13 of the draft amendment to the Factories, Offices and Shops Act, 1970, seeks to impose duties on manufacturers, importers, sellers and hirers of machines or equipment to safeguard their dangerous parts, and also imposes duties on those who erect or install machines in Ghana so that they do so without causing any risk to the health, and in particular any hazards arising from air pollution, noise and vibration. The Committee requests the Government to provide a copy of the above draft amendment and, in due time, to supply a copy of the Act, as amended.

Article 10. The Committee notes that, according to the Government, the draft amendment seeks to provide, in clause 9(3), that where it is not reasonably practicable to reduce noise below the limits prescribed, suitable ear protectors shall be provided for the use of the persons employed. The Committee requests the Government to indicate the specific provisions which require that persons exposed to excessive air pollution, noise and vibration, unless reduced as far as practicable to safe levels, are provided with respiratory protective equipment of all types, ear muffs/plugs, and vibration damping materials, as indicated in the Government report.

Article 15. The Committee notes that, according to the Government, the provisions of clause 29 of the draft amendment to the Factories, Offices and Shops Act, 1970, introduces a section requiring the appointment of a health and safety officer in all factories employing a specified number of persons for the purpose of supervising compliance with the provisions of the Act, thereby preventing health hazards arising from exposure to air pollution, noise and vibrations. The Committee requests the Government to provide a copy of the proposed clause, with an indication of: (a) the number of persons employed above which such an officer must be present in the enterprise; (b) the extent to which this obligation is vested in the employer; (c) the circumstances in which employers employing fewer persons than the number set out in clause 29 of the proposed amendment will be required to appoint a competent person or use a competent outside service to deal with the matters referred to in this Article; and (d) the qualifications required to become a health and safety officer.

Article 16 and Part IV of the report form. The Committee notes the information provided by the Government in its report concerning the duties and powers of the inspection services. It requests the Government to provide information in future reports on the manner in which the Convention is applied including, for instance, extracts from the reports of the inspection services and, if such statistics are available, information on the number of workers covered by the relevant legislation and other measures, the number and nature of contraventions reported, etc.

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

The Committee notes the Government’s report and the replies to its previous comments.

Article 1, paragraph 1, of the Convention. The Committee notes that section 83(10) of the Factories, Offices and Shops Act, 1970, provides that the definition of a "factory" shall not apply to any building operations undertaken below ground in a mine, to any works of engineering construction undertaken at a mine, or to premises of a mine in which the only activity carried on is ancillary to the getting, dressing or preparation for sale of minerals. The Government is requested to indicate the manner in which the Convention is applied to these activities and to provide a copy of the Factories Regulations, 1970, to which it refers in its report.

Article 1, paragraphs 2 and 3. The Committee recalls that in its first report the Government indicated that, due to the absence of legislation respecting agriculture and forestry, and after consultation with the representative organizations of employers and workers concerned, these branches of economic activity had been excluded from the application of the Convention. The Committee is therefore bound to reiterate its previous request to the Government to indicate in future reports the position of its law and practice, with an indication of the extent to which effect has been given or is proposed to be given to the Convention in respect of these branches, in accordance with paragraph 3 of this Article. The Committee notes that the National Advisory Committee on Labour recommended that the Government ratify the Occupational Safety and Health Convention, 1981 (No. 155), so that these sectors are covered by occupational health practices. The Committee requests the Government to continue providing information to the International Labour Office on the outcome of this initiative.

Article 4, paragraph 2, and Article 8, paragraph 1. The Committee notes that the technical standards proposed by the American Conference of Government Industrial Hygienists (ACGIH), to which the Government refers in its report, consist of threshold limit values (TLVs) established within the context of the ACGIH with regard to noise, heat stress, chemical hazards related to dust, gases and fumes, and vibration. The Committee requests the Government to indicate the means by which it gives effect to these standards in law and practice. The Committee notes that the Government’s last report no longer refers to the technical standards proposed by the International Organization for Standardization (ISO), which it had previously indicated that it used for the practical implementation of the measures prescribed and for the establishment of criteria for determining hazards of exposure to air pollution, noise and vibration and the exposure limits to these hazards. The Committee requests the Government to indicate in its next report whether it still avails itself of the technical standards of the International Organization for Standardization (ISO) and, if so, to specify which standards.

Article 5, paragraphs 3 and 4. The Committee notes the Government’s reference to a proposed amendment to the Factories, Offices and Shops Act, 1970, to give effect to this Article of the Convention. In the absence of this amendment, the Committee wishes to remind the Government that, under the terms of this Article of the Convention, provision shall be made for collaboration at the enterprise level between employers and workers in the application of the measures prescribed in pursuance of the Convention and that representatives of the employer and of the workers must be guaranteed the opportunity to accompany inspectors during their inspections, unless the inspectors consider, in the light of the general instructions of the competent authority, that this may be prejudicial to the performance of their duties. The Committee hopes that the draft text prepared by the Government will contain provisions giving effect to Article 5 and requests the Government to keep the International Labour Office informed of the progress made in relation to the proposed amendment and on any other measure that has been taken or is envisaged to give effect to this provision.

Article 6, paragraph 1. The Government once again states in its report that the technical implementation of the measures prescribed in pursuance of the Convention is based upon the technical standards of the ACGIH. The Committee requests the Government to indicate the measures taken to ensure that employers are made responsible for compliance with these technical standards. The Committee notes the power conferred upon inspectors by section 52 of the Factories, Offices and Shops Act, 1970, to complain to a court in the cases set out in this provision. The Committee requests the Government to indicate the manner in which this provision ensures that employers are made responsible for compliance with the above technical standards.

Article 6, paragraph 2. The Committee notes the Government’s indication that the draft amendment to the Factories, Offices and Shops Act, 1970, would be reviewed to make provision for the application of Article 6, paragraph 2. It requests the Government to keep the International Labour Office informed of the progress of this draft text and to supply a copy of the Act, as amended, with its next report. In the meantime, the Committee recalls that it noted the Government’s indication in its first report that the fact that employers are jointly responsible for the observance of any provisions for the prevention and control of, and protection against hazards due to air pollution, noise and vibration, ensures their collaboration in this respect. The Committee had requested the Government, and renews its request, to indicate any measures taken or envisaged to ensure a more active collaboration between two or more employers undertaking activities simultaneously at one workplace and to give particulars of any general procedures which may be prescribed for such collaboration.

Article 7, paragraphs 1 and 2. The Committee notes from the Government’s report that clause 31 of the draft amendment to the Factories, Offices and Shops Act, 1970, gives effect to this Article of the Convention. The Government states that clause 28 of this draft amendment provides for the establishment of safety committees for the purpose of promoting cooperation between employees and employers in achieving and maintaining safe and healthy working conditions. The involvement of workers in the management of their working environment allows them to make proposals and suggestions to improve occupational safety measures. In this respect, clause 31 of the draft amendment to the 1970 Act gives workers the right to remove themselves from imminent danger and to inform their supervisor about the hazard to ensure that remedial measures are instituted to safeguard health and safety. The Committee hopes that this draft text will be adopted and requests the Government to provide a copy of the Act, as amended.

Article 8, paragraphs 1 and 2. The Committee notes that the National Advisory Committee on Labour is consulted on all matters relating to labour and that the opinion of technically competent representatives is taken into account during the discussions on technical standards relating to air pollution, noise and vibration. The Committee requests the Government to indicate the procedures for establishing criteria for the determination of hazards of exposure to air pollution, noise and vibration in the working environment and, where appropriate, the exposure limits specified on the basis of these criteria. Furthermore, it requests the Government to indicate the procedures by which the opinion of technically competent persons designated by employers’ and workers’ organizations is taken into account. Furthermore, the Committee requests the Government to indicate the methods envisaged for determining whether the exposure limits specified under Article 8 are exceeded.

Article 9. The Committee notes that, according to the Government, section 3 of the Factories, Offices and Shops Act, 1970, requires any person intending to use premises as a factory to apply for registration of the premises. Furthermore, the Government states that the application envisaged under section 3 must be made on a prescribed form. This includes particulars of the nature of the work, the manufacturing process, and the plant and equipment to be used in the manufacturing process. Section 4 of the Act provides for a system of prior approval of building plans for premises intended to be used as factories, including particulars of the nature of the work or manufacturing process intended to be used. In both cases, these particulars form the basis for decisions to approve the suitability of the plans, plant, equipment and processes and for ensuring that they do not pose risks to the health of workers arising from air pollution, noise and vibration. In view of the above, the Committee once again requests the Government to indicate the technical measures applied to new plant or processes in their design or installation, or added to existing plant or processes, as well as the supplementary organizational measures intended to ensure the protection of workers against hazards arising from air pollution, noise and vibration. The Committee also notes that clause 13 of the draft amendment to the Factories, Offices and Shops Act, 1970, seeks to impose duties on manufacturers, importers, sellers and hirers of machines or equipment to safeguard their dangerous parts, and also imposes duties on those who erect or install machines in Ghana so that they do so without causing any risk to the health, and in particular any hazards arising from air pollution, noise and vibration. The Committee requests the Government to provide a copy of the above draft amendment and, in due time, to supply a copy of the Act, as amended.

Article 10. The Committee notes that, according to the Government, the draft amendment seeks to provide, in clause 9(3), that where it is not reasonably practicable to reduce noise below the limits prescribed, suitable ear protectors shall be provided for the use of the persons employed. The Committee requests the Government to indicate the specific provisions which require that persons exposed to excessive air pollution, noise and vibration, unless reduced as far as practicable to safe levels, are provided with respiratory protective equipment of all types, ear muffs/plugs, and vibration damping materials, as indicated in the Government report.

Article 15. The Committee notes that, according to the Government, the provisions of clause 29 of the draft amendment to the Factories, Offices and Shops Act, 1970, introduces a section requiring the appointment of a health and safety officer in all factories employing a specified number of persons for the purpose of supervising compliance with the provisions of the Act, thereby preventing health hazards arising from exposure to air pollution, noise and vibrations. The Committee requests the Government to provide a copy of the proposed clause, with an indication of: (a) the number of persons employed above which such an officer must be present in the enterprise; (b) the extent to which this obligation is vested in the employer; (c) the circumstances in which employers employing fewer persons than the number set out in clause 29 of the proposed amendment will be required to appoint a competent person or use a competent outside service to deal with the matters referred to in this Article; and (d) the qualifications required to become a health and safety officer.

Article 16 and Part IV of the report form. The Committee notes the information provided by the Government in its report concerning the duties and powers of the inspection services. It requests the Government to provide information in future reports on the manner in which the Convention is applied including, for instance, extracts from the reports of the inspection services and, if such statistics are available, information on the number of workers covered by the relevant legislation and other measures, the number and nature of contraventions reported, etc.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the Government's report. Taken into account the absence of information which was asked for in its previous comments the Committee again requests the Government to provide information on the following points.

I. Article 1, paragraph 1, of the Convention. The Committee had noted that section 83(10) of the Factories, Offices and Shops Act, 1970, had excluded from the definition of "factory" covered by the Act any building operations undertaken below ground in a mine, any works of engineering construction undertaken at a mine, and premises belonging to a mine in which the only activity carried on is ancillary to the getting, dressing or preparation for sale of minerals. The Government is requested to indicate the manner in which the Convention is applied to these activities and to provide a copy of the Mining Regulations, 1970, and the Factories Regulations, 1970, referred to in its report.

Article 1, paragraphs 2 and 3. The Committee had noted the indication in the Government's first report that, due to an absence of legislation with respect to agriculture and forestry, and after consultation with the employers' and workers' organizations concerned, these branches of economic activity have been excluded from the application of the Convention. The Government is requested to indicate, in subsequent reports, the position of its law and practice and the extent to which effect has been given or is proposed to be given to the Convention in respect of these branches, in accordance with paragraph 3 of this Article.

II. Article 4, paragraph 2 and Article 8, paragraph 1. The Committee has noted that the Factories Act only provides general measures for the application of the Convention. The Government had indicated in its first report that the technical standards proposed by the American Conference of Governmental Industrial Hygienists (ACGIH) and the International Standards Organization (ISO) were used for the practical implementation of the measures prescribed and to establish the criteria for determining the hazards of exposure to air pollution, noise and vibration and the exposure limits to these hazards. The Government is requested to specify, in its next report, the ACGIH and ISO technical standards to which it refers.

Article 5, paragraphs 3 and 4. The Committee has noted the indication in the Government's first report that there were no institutional procedures to ensure the application of these provisions, but that the labour inspectorate has the power to require workers and employers to supply information with respect to the safety and health situation at the workplace. The Committee would recall that, under this Article of the Convention, measures are to be taken to ensure collaboration between workers and employers at the workplace with respect to the measures taken in pursuance of the Convention and to ensure that representatives of the worker and of the employer have the opportunity to accompany inspectors during inspection visits, unless the inspectors consider, in the light of the general instructions of the competent authority, that this may be prejudicial to the performance of their duties. The Government is requested to indicate the measures taken or envisaged to ensure the application of these provisions.

Article 6, paragraph 1. The Committee has noted that section 60 of the Factories Act provided that employers shall be responsible for compliance with the requirements of the Act and any regulations made thereunder. The Government had indicated in its first report that measures for the technical implementation of the measures prescribed in pursuance of the Convention are based upon the technical standards of the ACGIH and ISO. The Government is requested to indicate the measures taken to ensure that employers are made responsible for compliance with the technical standards referred to in its report.

Article 6, paragraph 2. The Committee has noted the Government's statement in its first report that the fact that employers are jointly responsible for the observance of any provisions for the prevention and control of, and protection against, hazards due to air pollution, noise and vibration ensures their collaboration. The Government is requested to indicate any measures taken or envisaged to ensure a more active collaboration between two or more employers undertaking activities simultaneously at one workplace and to give particulars of any general procedures which may be prescribed for such collaboration.

Article 7, paragraphs 1 and 2. The Committee has noted that section 78 of the Factories Act provides that no worker shall wilfully do anything to endanger himself or herself or any other person. The Government is requested to indicate the measures taken to ensure that workers comply with all safety procedures relating to the prevention and control of, and protection against, occupational hazards due to air pollution, noise and vibration. The Government is also requested to indicate the measures taken or envisaged to ensure that workers have the right to present proposals and to appeal to appropriate bodies so as to ensure protection against these hazards.

Article 8, paragraph 2. The Committee has noted the indication in the Government's first report that a tripartite National Advisory Committee on Labour is consulted on all matters relating to labour policy and legislation. The Government is requested to indicate whether this Committee is consulted in the elaboration of the criteria and the determination of exposure limits with respect to air pollution, noise and vibration and to indicate the manner in which account is taken of the opinion of technically competent persons designated by workers' and employers' organizations.

Article 9. The Government is requested to provide particulars concerning any technical measures prescribed for new plant or processes in design or installation and for existing plant or processes, as well as any supplementary organizational measures prescribed to ensure the protection of workers against hazards due to air pollution, noise and vibration.

Article 10. The Committee has noted that under section 25 of the Factories Act, where workers are employed in any process involving excessive exposure to any injurious or offensive substances, suitable protective clothing and appliances, where necessary, shall be provided. The Government is requested to indicate any specific measures taken or envisaged to ensure that, when the specified exposure limits to air pollution, noise and vibration are exceeded, the employer provides and maintains suitable personal protective equipment and to specify the types of protective clothing and equipment to be provided in such cases.

Article 15. The Committee notes the indication in the Government's report that the non-availability of qualified and competent personnel is a constraining factor in requiring the employer to appoint a competent person or use a competent service outside the undertaking to deal with matters pertaining to the prevention and control of air pollution, noise and vibration. The Government is requested to continue to provide information, in subsequent reports, on any developments in the national situation which permit the determination of conditions and circumstances under which the employer is required to appoint a competent person to deal with these matters and the measures thus taken.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

I. Article 1, paragraph 1, of the Convention. The Committee notes that section 83(10) of the Factories, Offices and Shops Act, 1970, excludes from the definition of "factory" covered by the Act any building operations undertaken below ground in a mine, any works of engineering construction undertaken at a mine, and premises belonging to a mine in which the only activity carried on is ancillary to the getting, dressing or preparation for sale of minerals. The Government is requested to indicate the manner in which the Convention is applied to these activities and to provide a copy of the Mining Regulations, 1970, and the Factories Regulations, 1970, referred to in its report.

Article 1, paragraphs 2 and 3. The Committee notes the indication in the Government's report that, due to an absence of legislation with respect to agriculture and forestry, and after consultation with the employers' and workers' organizations concerned, these branches of economic activity have been excluded from the application of the Convention. The Government is requested to indicate, in subsequent reports, the position of its law and practice and the extent to which effect has been given or is proposed to be given to the Convention in respect of these branches, in accordance with paragraph 3 of this Article.

II. Article 4, paragraph 2 and Article 8, paragraph 1. The Committee notes that the Factories Act only provides general measures for the application of the Convention. The Government has indicated in its report that the technical standards proposed by the American Conference of Governmental Industrial Hygienists (ACGIH) and the International Standards Organization (ISO) are used for the practical implementation of the measures prescribed and to establish the criteria for determining the hazards of exposure to air pollution, noise and vibration and the exposure limits to these hazards. The Government is requested to specify, in its next report, the ACGIH and ISO technical standards to which it refers.

Article 5, paragraphs 3 and 4. The Committee notes the indication in the Government's report that there are no institutional procedures to ensure the application of these provisions, but that the labour inspectorate has the power to require workers and employers to supply information with respect to the safety and health situation at the workplace. The Committee would recall that, under this Article of the Convention, measures are to be taken to ensure collaboration between workers and employers at the workplace with respect to the measures taken in pursuance of the Convention and to ensure that representatives of the worker and of the employer have the opportunity to accompany inspectors during inspection visits, unless the inspectors consider, in the light of the general instructions of the competent authority, that this may be prejudicial to the performance of their duties. The Government is requested to indicate the measures taken or envisaged to ensure the application of these provisions.

Article 6, paragraph 1. The Committee notes that section 60 of the Factories Act provides that employers shall be responsible for compliance with the requirements of the Act and any regulations made thereunder. The Government has indicated in its report that measures for the technical implementation of the measures prescribed in pursuance of the Convention are based upon the technical standards of the ACGIH and ISO. The Government is requested to indicate the measures taken to ensure that employers are made responsible for compliance with the technical standards referred to in its report.

Article 6, paragraph 2. The Committee notes the Government's statement in its report that the fact that employers are jointly responsible for the observance of any provisions for the prevention and control of, and protection against, hazards due to air pollution, noise and vibration ensures their collaboration. The Government is requested to indicate any measures taken or envisaged to ensure a more active collaboration between two or more employers undertaking activities simultaneously at one workplace and to give particulars of any general procedures which may be prescribed for such collaboration.

Article 7, paragraphs 1 and 2. The Committee notes that section 78 of the Factories Act provides that no worker shall wilfully do anything to endanger himself or herself or any other person. The Government is requested to indicate the measures taken to ensure that workers comply with all safety procedures relating to the prevention and control of, and protection against, occupational hazards due to air pollution, noise and vibration. The Government is also requested to indicate the measures taken or envisaged to ensure that workers have the right to present proposals and to appeal to appropriate bodies so as to ensure protection against these hazards.

Article 8, paragraph 2. The Committee notes the indication in the Government's report that a tripartite National Advisory Committee on Labour is consulted on all matters relating to labour policy and legislation. The Government is requested to indicate whether this Committee is consulted in the elaboration of the criteria and the determination of exposure limits with respect to air pollution, noise and vibration and to indicate the manner in which account is taken of the opinion of technically competent persons designated by workers' and employers' organizations.

Article 9. The Government is requested to provide particulars concerning any technical measures prescribed for new plant or processes in design or installation and for existing plant or processes, as well as any supplementary organizational measures prescribed to ensure the protection of workers against hazards due to air pollution, noise and vibration.

Article 10. The Committee notes that under section 25 of the Factories Act, where workers are employed in any process involving excessive exposure to any injurious or offensive substances, suitable protective clothing and appliances, where necessary, shall be provided. The Government is requested to indicate any specific measures taken or envisaged to ensure that, when the specified exposure limits to air pollution, noise and vibration are exceeded, the employer provides and maintains suitable personal protective equipment and to specify the types of protective clothing and equipment to be provided in such cases.

Article 15. The Committee notes the indication in the Government's report that the non-availability of qualified and competent personnel is a constraining factor in requiring the employer to appoint a competent person or use a competent service outside the undertaking to deal with matters pertaining to the prevention and control of air pollution, noise and vibration. The Government is requested to continue to provide information, in subsequent reports, on any developments in the national situation which permit the determination of conditions and circumstances under which the employer is required to appoint a competent person to deal with these matters and the measures thus taken.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes with interest the information provided in the Government's first report. It requests the Government to provide further clarification, in its next report, on the following points:

I. Article 1, paragraph 1, of the Convention. The Committee notes that section 83(10) of the Factories, Offices and Shops Act, 1970, excludes from the definition of "factory" covered by the Act any building operations undertaken below ground in a mine, any works of engineering construction undertaken at a mine, and premises belonging to a mine in which the only activity carried on is ancillary to the getting, dressing or preparation for sale of minerals. The Government is requested to indicate the manner in which the Convention is applied to these activities and to provide a copy of the Mining Regulations, 1970, and the Factories Regulations, 1970, referred to in its report.

Article 1, paragraphs 2 and 3. The Committee notes the indication in the Government's report that, due to an absence of legislation with respect to agriculture and forestry, and after consultation with the employers' and workers' organizations concerned, these branches of economic activity have been excluded from the application of the Convention. The Government is requested to indicate, in subsequent reports, the position of its law and practice and the extent to which effect has been given or is proposed to be given to the Convention in respect of these branches, in accordance with paragraph 3 of this Article.

II. Article 4, paragraph 2 and Article 8, paragraph 1. The Committee notes that the Factories Act only provides general measures for the application of the Convention. The Government has indicated in its report that the technical standards proposed by the American Conference of Governmental Industrial Hygienists (ACGIH) and the International Standards Organization (ISO) are used for the practical implementation of the measures prescribed and to establish the criteria for determining the hazards of exposure to air pollution, noise and vibration and the exposure limits to these hazards. The Government is requested to specify, in its next report, the ACGIH and ISO technical standards to which it refers.

Article 5, paragraphs 3 and 4. The Committee notes the indication in the Government's report that there are no institutional procedures to ensure the application of these provisions, but that the labour inspectorate has the power to require workers and employers to supply information with respect to the safety and health situation at the workplace. The Committee would recall that, under this Article of the Convention, measures are to be taken to ensure collaboration between workers and employers at the workplace with respect to the measures taken in pursuance of the Convention and to ensure that representatives of the worker and of the employer have the opportunity to accompany inspectors during inspection visits, unless the inspectors consider, in the light of the general instructions of the competent authority, that this may be prejudicial to the performance of their duties. The Government is requested to indicate the measures taken or envisaged to ensure the application of these provisions.

Article 6, paragraph 1. The Committee notes that section 60 of the Factories Act provides that employers shall be responsible for compliance with the requirements of the Act and any regulations made thereunder. The Government has indicated in its report that measures for the technical implementation of the measures prescribed in pursuance of the Convention are based upon the technical standards of the ACGIH and ISO. The Government is requested to indicate the measures taken to ensure that employers are made responsible for compliance with the technical standards referred to in its report.

Article 6, paragraph 2. The Committee notes the Government's statement in its report that the fact that employers are jointly responsible for the observance of any provisions for the prevention and control of, and protection against, hazards due to air pollution, noise and vibration ensures their collaboration. The Government is requested to indicate any measures taken or envisaged to ensure a more active collaboration between two or more employers undertaking activities simultaneously at one workplace and to give particulars of any general procedures which may be prescribed for such collaboration.

Article 7, paragraphs 1 and 2. The Committee notes that section 78 of the Factories Act provides that no worker shall wilfully do anything to endanger himself or herself or any other person. The Government is requested to indicate the measures taken to ensure that workers comply with all safety procedures relating to the prevention and control of, and protection against, occupational hazards due to air pollution, noise and vibration. The Government is also requested to indicate the measures taken or envisaged to ensure that workers have the right to present proposals and to appeal to appropriate bodies so as to ensure protection against these hazards.

Article 8, paragraph 2. The Committee notes the indication in the Government's report that a tripartite National Advisory Committee on Labour is consulted on all matters relating to labour policy and legislation. The Government is requested to indicate whether this Committee is consulted in the elaboration of the criteria and the determination of exposure limits with respect to air pollution, noise and vibration and to indicate the manner in which account is taken of the opinion of technically competent persons designated by workers' and employers' organizations.

Article 9. The Government is requested to provide particulars concerning any technical measures prescribed for new plant or processes in design or installation and for existing plant or processes, as well as any supplementary organizational measures prescribed to ensure the protection of workers against hazards due to air pollution, noise and vibration.

Article 10. The Committee notes that under section 25 of the Factories Act, where workers are employed in any process involving excessive exposure to any injurious or offensive substances, suitable protective clothing and appliances, where necessary, shall be provided. The Government is requested to indicate any specific measures taken or envisaged to ensure that, when the specified exposure limits to air pollution, noise and vibration are exceeded, the employer provides and maintains suitable personal protective equipment and to specify the types of protective clothing and equipment to be provided in such cases.

Article 15. The Committee notes the indication in the Government's report that the non-availability of qualified and competent personnel is a constraining factor in requiring the employer to appoint a competent person or use a competent service outside the undertaking to deal with matters pertaining to the prevention and control of air pollution, noise and vibration. The Government is requested to continue to provide information, in subsequent reports, on any developments in the national situation which permit the determination of conditions and circumstances under which the employer is required to appoint a competent person to deal with these matters and the measures thus taken.