Underground Work (Women) Convention, 1935 (No. 45) - Sierra Leone (Ratification: 1961)

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

The Committee notes the first reports of the Government on the Occupational Safety and Health Convention, 1981 (No.155) and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187).

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 45 (underground work (women), 155 (OSH) and 187 (promotional framework for OSH) together.

• General provisions

Occupational Safety and Health Convention, 1981 (No.155)

Promotional Framework for Occupational Safety and Health Convention, 2006 (No.   187)

Legislation and application of the Conventions. The Committee notes that the Factories Act, 1974 (No. 3 of 1974) only applies to industrial factories and mainly contains provisions on machinery safety. It also notes the Government’s indication in its report that the draft OSH Act 2022 has received validation and is expected to be debated and enacted soon by the Parliament, and that it will repeal the Factories Act. The Committee notes that the OSH Act, once adopted, will give effect to the following articles of Conventions Nos. 155 and 187: Articles 1 and 2 of Convention No. 155 regarding the general scope of application; Article 5(e) of Convention No. 155 regarding the protection of workers and their representatives from disciplinary measures; Article 11(c) of Convention No. 155 and Article 4(3)(f) of Convention No. 187 regarding the notification of occupational diseases; Article 11(e) of Convention No. 155 regarding the annual publication of information on OSH related data and matters; Article 12 of Convention No. 155 regarding duties of those who design, manufacture, import, provide or transfer machinery, equipment or substances; Articles 13 and 19(f) of Convention No. 155 regarding protection in case of removal from work; Article 16 of Convention No. 155 regarding employers’ OSH responsibilities; Article 18 of Convention No. 155 regarding measures to deal with emergencies and accidents; Article 19(a) of Convention No. 155 regarding cooperation of workers in the fulfilment of employers’ obligations; and Article 19(e) of Convention No. 155 regarding enquiries by workers and their representatives and their consultation on all aspects of OSH. The Committee requests the Government to take the necessary measures to ensure that the OSH Act is adopted in the near future and to provide information on any progress made in this regard.

• Action taken at the National Level

Article 2(3) of Convention No. 187. Periodic consideration of measures to ratify OSH conventions. The Committee notes the Government’s indication that the draft OSH Act provides for the establishment of a National OSH Board, which will be in charge of periodic and strategic plan in this regard. The Committee requests the Government to provide further information on measures taken or envisaged regarding the periodic consideration to ratify other up-to-date OSH Conventions, pending the adoption of the OSH Act and the establishment of the National OSH Board.

Articles 4 and 7 of Convention No. 155 and Article 3(1) and (3) of Convention No. 187. National OSH policy. The Committee notes that a National OSH Policy was adopted in 2022, aimed at creating safer and healthier working environments through the development of a positive national culture of prevention of occupational accidents, diseases and dangerous occurrences. The Committee requests the Government to provide information on any measures taken or envisaged, in consultation with the most representative organizations of employers and workers, with a view to implement and periodically review the 2022 National OSH Policy.

Article 4(3)(d) of Convention No. 187. Occupational health services. Noting the absence of information in this regard, the Committee requests the Government to provide concrete information on the provision of occupational health services to workers in law and in practice.

Article 5(a), 11(b) and (f) and 16(2) of Convention No. 155.Chemical, physical and biological substances. The Committee notes that Part IX of the draft OSH Act contains provisions concerning chemical safety and control of air pollution, noise and vibration. The draft OSH Act also provides that the Minister responsible for labour may, after consultation with the National Board for OSH, establish or adopt exposure limits on hazardous substances in the workplace so as to protect persons employed. The Committee notes that the draft OSH Act does not provide for a definition of “hazardous substances”. The Committee request the Government to provide information on the measures taken or envisaged to give full effect to Articles 5(a), 11(b) and (f) and 16(2) of the Convention, particularly with regard to the definition of hazardous substances in the draft OSH Act.

Articles 5(d) and 20 of Convention No. 155 and Articles 4(2)(d) and 4(3)(a) of Convention No. 187. Communication and cooperation at all levels. The Committee notes that, as provided for by sections 19 and 20 of the draft OSH Act, the National OSH Board is not tripartite and consists of only representatives from relevant ministries. It also notes that, at the undertaking level, section 27 of the draft OSH Act provides for the establishment of safety and health committees in undertakings with ten or more employees, without indicating their composition or functions. The Committee requests the Government to provide information on any measures taken or envisaged for the establishment of a mechanism for cooperation and consultation with employers and workers at the national level. It also requests the Government to provide further information on the composition and operation of safety and health committees at the undertaking level, and to indicate how the cooperation is ensured at undertakings with less than ten workers.

Article 11(d) of Convention No. 155. Holding of inquiries in cases of occupational diseases. The Committee notes that neither the Factories Act nor the draft OSH Act contain provisions regarding the investigation of occupational diseases by the competent authority. The Committee requests the Government to provide information on any measures taken or envisaged to ensure the holding of inquiries, in cases of occupational diseases, including in the context of the adoption of OSH Act.

Article 4(3)(h) of Convention No. 187. Support mechanisms for a progressive improvement of OSH in micro-enterprises, small and medium enterprise (SMEs) and the informal economy. The Committee notes that the National OSH Policy includes actions to extend OSH measures to SMEs and to the informal economy. The Committee requests the Government to continue to provide information on the measures taken, including in the framework of the National OSH Policy, to establish support mechanisms for a progressive improvement of OSH in micro-enterprises and in SMEs and in the informal economy, and on the impact of these measures.

Article 5 of Convention No. 187. National OSH programme. The Committee notes the Government’s indication that the draft OSH Act, once adopted, will serve as the platform for further steps leading towards a national program on the promotion of a safe and healthy working environment. The Committee requests the Government to continue to provide concrete information on any measures taken or envisaged to ensure that a national programme on occupational safety and health is formulated, implemented, monitored and evaluated and periodically reviewed in consultation with most representative organizations of employers and workers.

• Actions taken at the level of the undertaking

Article 17 of Convention No. 155. Collaboration of two or more undertakings engaging in activities simultaneously at one workplace.Noting the absence of information in this regard, the Committee requests the Government to provide information on any measures taken or envisaged to ensure collaboration in applying the requirements of the Convention, whenever two or more undertakings are engaged in activities simultaneously at one workplace, including within the context of the adoption of the OSH Act.

Article 21 of Convention No. 155. No expenditure of OSH measures for workers. The Committee notes that neither the Factories Act nor the draft OSH Act provide that OSH measures shall not involve any expenditure for workers. The Committee requests the Government to provide information on any measures taken or envisaged to ensure that OSH measures do not involve any expenditure for workers, including within the context of the adoption of the OSH Act.

• Protection in specific branches of activity

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

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism (SRM) Tripartite Working Group, classified Convention No. 45 as an outdated instrument, and has placed an item on the agenda of the 112th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also requested the Office to follow-up with member States currently bound by Convention No. 45 to encourage the ratification of up-to-date instruments concerning OSH, including but not limited to the Safety and Health in Mines Convention, 1995 (No. 176), and to undertake a campaign to promote the ratification of Convention No. 176. The Committee notes the Government’s indication that the ratification of Convention No. 176 is under consideration. The Committee encourages the Government to give effect to the decision taken at the 334th Session of the Governing Body (October-November 2018) approving the recommendations of the Standards Review Mechanism Tripartite Working Group, and to provide information on the progress made with regard to the decision of ratification of Convention No. 176. The Committee recalls that the Government can avail itself of the technical assistance of the Office in this matter.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism (SRM) Tripartite Working Group, classified Convention No. 45 as an outdated instrument, and has placed an item on the agenda of the 112th Session of the International Labour Conference in 2024 concerning its abrogation. The Governing Body also requested the Office to follow-up with member States currently bound by Convention No. 45 to encourage the ratification of up-to-date instruments concerning OSH, including but not limited to the Safety and Health in Mines Convention, 1995 (No. 176). The Committee therefore encourages the Government to follow up on the Governing Body’s decision at its 334th Session (October–November 2018) approving the recommendations of the SRM Tripartite Working Group, and to consider ratifying the most up-to-date instruments in this subject area.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous comment, which read as follows:

Repetition

The Committee notes the Government’s statement that there have been no new legislative or other developments to report with respect to the application of the Convention.

The Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that with respect to underground work the States parties to Convention No. 45 should be invited to contemplate ratifying the Safety and Health in Mines Convention, 1995 (No. 176), and possibly denouncing Convention No. 45 even though the latter instrument has not been formally revised (see GB.283/LILS/WP/PRS/1/2, paragraph 13). Contrary to the old approach based on the outright prohibition of underground work for all female workers, modern standards focus on risk assessment and risk management and provide for sufficient preventive and protective measures for mineworkers, irrespective of gender, whether employed in surface or underground sites. As the Committee has noted in its 2001 General Survey on night work of women in industry in relation to Conventions Nos 4, 41 and 89, “the question of devising measures that aim at protecting women generally because of their gender (as distinct from those aimed at protecting women’s reproductive and infant nursing roles) has always been and continues to be controversial” (paragraph 186).

In the light of the foregoing observations, and also considering that the present trend is no doubt to remove all gender-specific restrictions on underground work, the Committee invites the Government to give favourable consideration to the ratification of the Safety and Health in Mines Convention, 1995 (No. 176), which shifts the emphasis from a specific category of workers to the safety and health protection of all mineworkers, and possibly also to the denunciation of Convention No. 45.

The Committee recalls that, according to established practice, the Convention will be next open to denunciation during a one-year period from 30 May 2017 to 30 May 2018. The Committee requests the Government to keep it informed of any decision taken in this regard.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes with regret 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:

Repetition

The Committee notes the Government’s statement that there have been no new legislative or other developments to report with respect to the application of the Convention.

The Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that with respect to underground work the States parties to Convention No. 45 should be invited to contemplate ratifying the Safety and Health in Mines Convention, 1995 (No. 176), and possibly denouncing Convention No. 45 even though the latter instrument has not been formally revised (see GB.283/LILS/WP/PRS/1/2, paragraph 13). Contrary to the old approach based on the outright prohibition of underground work for all female workers, modern standards focus on risk assessment and risk management and provide for sufficient preventive and protective measures for mineworkers, irrespective of gender, whether employed in surface or underground sites. As the Committee has noted in its 2001 General Survey on night work of women in industry in relation to Conventions Nos 4, 41 and 89, “the question of devising measures that aim at protecting women generally because of their gender (as distinct from those aimed at protecting women’s reproductive and infant nursing roles) has always been and continues to be controversial” (paragraph 186).

In the light of the foregoing observations, and also considering that the present trend is no doubt to remove all gender-specific restrictions on underground work, the Committee invites the Government to give favourable consideration to the ratification of the Safety and Health in Mines Convention, 1995 (No. 176), which shifts the emphasis from a specific category of workers to the safety and health protection of all mineworkers, and possibly also to the denunciation of Convention No. 45.

The Committee recalls that, according to established practice, the Convention will be next open to denunciation during a one-year period from 30 May 2017 to 30 May 2018. The Committee requests the Government to keep it informed of any decision taken in this regard.

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

The Committee notes with regret 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:

Repetition

The Committee notes the Government’s statement that there have been no new legislative or other developments to report with respect to the application of the Convention.

The Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that with respect to underground work the States parties to Convention No. 45 should be invited to contemplate ratifying the Safety and Health in Mines Convention, 1995 (No. 176), and possibly denouncing Convention No. 45 even though the latter instrument has not been formally revised (see GB.283/LILS/WP/PRS/1/2, paragraph 13). Contrary to the old approach based on the outright prohibition of underground work for all female workers, modern standards focus on risk assessment and risk management and provide for sufficient preventive and protective measures for mineworkers, irrespective of gender, whether employed in surface or underground sites. As the Committee has noted in its 2001 General Survey on night work of women in industry in relation to Conventions Nos 4, 41 and 89, “the question of devising measures that aim at protecting women generally because of their gender (as distinct from those aimed at protecting women’s reproductive and infant nursing roles) has always been and continues to be controversial” (paragraph 186).

In the light of the foregoing observations, and also considering that the present trend is no doubt to remove all gender-specific restrictions on underground work, the Committee invites the Government to give favourable consideration to the ratification of the Safety and Health in Mines Convention, 1995 (No. 176), which shifts the emphasis from a specific category of workers to the safety and health protection of all mineworkers, and possibly also to the denunciation of Convention No. 45.

The Committee recalls that, according to established practice, the Convention will be next open to denunciation during a one-year period from 30 May 2017 to 30 May 2018. The Committee requests the Government to keep it informed of any decision taken in this regard.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret 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 statement that there have been no new legislative or other developments to report with respect to the application of the Convention.

The Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that with respect to underground work the States parties to Convention No. 45 should be invited to contemplate ratifying the Safety and Health in Mines Convention, 1995 (No. 176), and possibly denouncing Convention No. 45 even though the latter instrument has not been formally revised (see GB.283/LILS/WP/PRS/1/2, paragraph 13). Contrary to the old approach based on the outright prohibition of underground work for all female workers, modern standards focus on risk assessment and risk management and provide for sufficient preventive and protective measures for mineworkers, irrespective of gender, whether employed in surface or underground sites. As the Committee has noted in its 2001 General Survey on night work of women in industry in relation to Conventions Nos 4, 41 and 89, “the question of devising measures that aim at protecting women generally because of their gender (as distinct from those aimed at protecting women’s reproductive and infant nursing roles) has always been and continues to be controversial” (paragraph 186).

In the light of the foregoing observations, and also considering that the present trend is no doubt to remove all gender-specific restrictions on underground work, the Committee invites the Government to give favourable consideration to the ratification of the Safety and Health in Mines Convention, 1995 (No. 176), which shifts the emphasis from a specific category of workers to the safety and health protection of all mineworkers, and possibly also to the denunciation of Convention No. 45.

The Committee recalls that, according to established practice, the Convention will be next open to denunciation during a one-year period from 30 May 2017 to 30 May 2018. The Committee requests the Government to keep it informed of any decision taken in this regard.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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 statement that there have been no new legislative or other developments to report with respect to the application of the Convention.

The Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that with respect to underground work the States parties to Convention No. 45 should be invited to contemplate ratifying the Safety and Health in Mines Convention, 1995 (No. 176), and possibly denouncing Convention No. 45 even though the latter instrument has not been formally revised (see GB.283/LILS/WP/PRS/1/2, paragraph 13). Contrary to the old approach based on the outright prohibition of underground work for all female workers, modern standards focus on risk assessment and risk management and provide for sufficient preventive and protective measures for mineworkers, irrespective of gender, whether employed in surface or underground sites. As the Committee has noted in its 2001 General Survey on night work of women in industry in relation to Conventions Nos 4, 41 and 89, “the question of devising measures that aim at protecting women generally because of their gender (as distinct from those aimed at protecting women’s reproductive and infant nursing roles) has always been and continues to be controversial” (paragraph 186).

In the light of the foregoing observations, and also considering that the present trend is no doubt to remove all gender-specific restrictions on underground work, the Committee invites the Government to give favourable consideration to the ratification of the Safety and Health in Mines Convention, 1995 (No. 176), which shifts the emphasis from a specific category of workers to the safety and health protection of all mineworkers, and possibly also to the denunciation of Convention No. 45.

The Committee recalls that, according to established practice, the Convention will be next open to denunciation during a one-year period from 30 May 2017 to 30 May 2018. The Committee requests the Government to keep it informed of any decision taken in this regard.

 

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

1. The Committee notes the Government’s statement that there have been no new legislative or other developments to report with respect to the application of the Convention.

2. The Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that with respect to underground work the States parties to Convention No. 45 should be invited to contemplate ratifying the Safety and Health in Mines Convention, 1995 (No. 176), and possibly denouncing Convention No. 45 even though the latter instrument has not been formally revised (see GB.283/LILS/WP/PRS/1/2, paragraph 13). Contrary to the old approach based on the outright prohibition of underground work for all female workers, modern standards focus on risk assessment and risk management and provide for sufficient preventive and protective measures for mineworkers, irrespective of gender, whether employed in surface or underground sites. As the Committee has noted in its 2001 General Survey on night work of women in industry in relation to Conventions Nos. 4, 41 and 89, "the question of devising measures that aim at protecting women generally because of their gender (as distinct from those aimed at protecting women’s reproductive and infant nursing roles) has always been and continues to be controversial" (paragraph 186).

3. In the light of the foregoing observations, and also considering that the present trend is no doubt to remove all gender-specific restrictions on underground work, the Committee invites the Government to give favourable consideration to the ratification of the Safety and Health in Mines Convention, 1995 (No. 176), which shifts the emphasis from a specific category of workers to the safety and health protection of all mineworkers, and possibly also to the denunciation of Convention No. 45. In this respect, the Committee recalls that, according to established practice, the Convention will be next open to denunciation during a one-year period from 30 May 2007 to 30 May 2008. The Committee requests the Government to keep it informed of any decision taken in this regard.