Occupational Safety and Health Convention, 1981 (No. 155) - Antigua and Barbuda (Ratification: 2002)

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 12 of the Convention. Measures required to ensure that the obligations of those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use, are carried in the specified manner. The Committee once again requests the Government to provide information on the measures taken to ensure that full effect, in law and in practice, is given to this Article of the Convention.

Article 14. Measures to promote the inclusion of questions of OSH and the working environment at all levels of education and training. The Committee once again requests the Government to provide information on measures taken to promote questions of occupational health and safety and the working environment at all levels of education and training, including higher technical, medical and professional education.

Article 16. Action at the level of the undertaking. The Committee previously noted that sections D13(1)(g) and D13(1)(h) of the Labour Code prescribe controlling measures to be taken by employers in respect of work being carried out with white phosphorous and benzene. Noting an absence of further information in this respect, the Committee once again requests the Government to provide information on employers’ obligations to take measures ensuring that other chemicals, as well as physical and biological substances or agents under their control, are without risk to health when appropriate measures are taken.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

In order to provide a comprehensive view of the issues relating to the application of ratified occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine Conventions Nos 155 (OSH) and 161 (occupational health services) together.

General provisions

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

Legislation. In its previous comments, the Committee noted the Government’s intention to adopt new OSH legislation and to repeal Division D of the Labour Code (No. 14 of 1975) (Cap. 27) concerning employment health, safety and welfare. In this respect, the Committee notes the Government’s indication in its report that no legislative measures or other measures have been taken regarding the application of this Convention. The Committee requests the Government to provide detailed information on any developments regarding its intention to adopt new OSH legislation. It further requests the Government to take the Committee’s comments below into account in the context of any reform of its OSH legislation, and to take the necessary measures to ensure that full effect is given to the provisions of this Convention. The Committee requests the Government to provide detailed information on any measures taken or envisaged in this regard.

Articles 4, 5, 7, 11(a), (b), (e) and (f) and 15 of the Convention. Formulating and implementing a national policy on OSH. The Committee previously noted that the Government had not yet taken any measures to formulate or implement a coherent national policy on OSH. The Committee once again requests the Government to provide information on the measures taken or envisaged to formulate, implement and periodically review a coherent national policy on OSH and the working environment in consultation with the most representative workers’ and employers’ organizations, taking into account the fields of action prescribed in Article 5, and ensuring that the functions referred to in paragraphs a, b, e and f of Article 11 are progressively carried out, and that the institutional arrangements referred to in Article 15 are made.

Articles 13 and 19(f). Protection from undue consequences of a worker who has removed themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health. The Committee previously noted that the national legislation was silent on the issues regulated in Articles 13 and 19(f) of the Convention. The Committee requests the Government to take the necessary measures to ensure protection against undue consequences for workers who have removed themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health and to ensure that such workers are not required to return to work situations while the imminent and serious danger is continuing.

Article 17. Measures to ensure that two or more enterprises which engage in activities simultaneously at one workplace collaborate in applying the requirements of the Convention. The Committee previously noted that there are no provisions in national legislation giving effect to this Article of the Convention. The Committee requests the Government to take the necessary measures in law and in practice, to ensure collaboration in applying the requirements of this Convention whenever two or more undertakings engage in activities simultaneously at one workplace.

Article 19(a)–(e). Arrangements made at the level of the undertaking ensuring suitable conditions for all aspects of cooperation between employers, workers and their representatives, consultations with them and their training. The Committee once again requests the Government to indicate the measures taken, in law and in practice, to give effect to Article 19(a)–(e) of the Convention.

Article 20. Cooperation between management and workers and/or their representatives within the undertaking. The Committee once again requests the Government to provide further information on the measures taken to give effect to Article 20 of the Convention.

Application in practice. Noting an absence of information in this respect, the Committee once again requests once again the Government to provide information on the application in practice of the Convention, including information on the number, nature and causes of occupational accidents and cases of diseases reported.

Occupational Health Services Convention, 1985 (No. 161)

Measures to implement the Convention. In its previous comments, the Committee requested the Government to provide information on whether occupational health services had been established by collective agreements or as otherwise agreed upon by the employers and workers concerned, or in any other manner approved by the competent authority after consultation with the representative organizations of employers and workers concerned. The Committee notes with concern the Government’s indication that no legislative measures or other measures have been taken regarding the application of this Convention, and that there are no distinct OSH services in the country with preventive functions that are responsible for advising employers. The Committee also notes the Government’s statement that, where OSH incidents arise, the persons concerned generally seek assistance from local practitioners. Recalling that the establishment of occupational health services can be provided through laws or regulations; by collective agreements or as otherwise agreed upon by the employers and workers concerned; or any other manner approved by the competent authority after consultation with the representative organizations of employers and workers concerned, the Committee urges the Government to take the necessary measures to ensure that full effect is given to the provisions of this Convention in the near future. It further requests the Government to provide detailed information on any measures taken or envisaged in this regard.

The Committee is raising other matters in a request addressed directly to the Government.

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

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee welcomes the information in the Government’s report indicating that a national policy on occupational safety and health is currently being developed. The Committee notes the intention to repeal Division D of the Labour Code (No. 14 of 1975) (Cap. 27), concerning employment health, safety and welfare, which is to be replaced with new occupational safety and health legislation. The Committee hopes that this new legislation will take into account the provisions of the Convention and asks the Government to provide detailed information on the application of the Convention, in law and in practice, in its next report.

Application in practice. The Committee welcomes the statistical records – disaggregated by gender, industry and violation – provided in relation to visits by the labour inspection unit in 2009 and 2010. The Committee notes that there has been a decrease in the number of visits in 2010 and that the highest number of violations relate to safety protection and first aid. The Committee asks the Government to provide further information on the apparent decrease in the number of labour inspection visits carried out and to continue to provide information on the practical application of the Convention in the country.

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

The Committee welcomes the information in the Government’s report indicating that a national policy on occupational safety and health is currently being developed. The Committee notes with interest the intention to repeal Division D of the Labour Code (No. 14 of 1975) (Cap. 27), concerning employment health, safety and welfare, which is to be replaced with new occupational safety and health legislation. The Committee hopes that this new legislation will take into account the provisions of the Convention and asks the Government to provide detailed information on the application of the Convention, in law and in practice, in its next report.

Part V of the report form. Application of the Convention in practice. The Committee welcomes the statistical records – disaggregated by gender, industry and violation – provided in relation to visits by the labour inspection unit in 2009 and 2010. The Committee notes that there has been a decrease in the number of visits in 2010 and that the highest number of violations relate to safety protection and first aid. The Committee asks the Government to provide further information on the apparent decrease in the number of labour inspection visits carried out and to continue to provide information on the practical application of the Convention in the country.

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

The Committee notes the information that there are no new legislative or other measures affecting the application of the Convention. It also notes the information that the Government is in the process of examining the CARICOM Model Legislation on Occupational Safety and Health (OSH) with a view to formulating a national policy that would cover all categories of workers. It also notes the information that, in practice, there is cooperation between employer and workers representatives through collective bargaining. With reference to the recently adopted Plan of Action (2010–16) to achieve widespread ratification and effective implementation of the key instruments in the area of occupational safety and health, the Occupational Safety and Health Convention, 1981 (No. 155), its 2002 Protocol and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) (Doc. GB307/10/2 (Rev.)), the Committee would like to bring to the Government’s attention that under this Plan of Action, the Office is available to provide assistance to governments, as appropriate, to bring their national law and practice into conformity with these key OSH Conventions in order to promote their ratification and effective implementation. The Committee invites the Government to keep it informed of any developments in relation to the ongoing review of the national system of OSH and to inform the Office of any needs it may have for assistance from the ILO in this respect.

Articles 1 and 2 of the Convention. Scope of application, and Article 3 Definitions. With reference to its previous comment on these provisions, the Committee notes the statement by the Government that while the current Antigua and Barbuda Labour Code only covers non-established government workers and the private sector, it does cover the “workplace”. It further notes the statement that in situations where civil servants are injured at the workplace, the Cabinet has the discretionary right to decide whether the injured worker will receive benefits or not. The Committee finally notes that the Government indicates that issues will be examined in the context of the ongoing review mentioned above. The Committee hopes that the scope of any future legislation on OSH in the country will comply with Articles 1–3 of the Convention. The Committee requests the Government to provide any new information on this issue as soon as it will be available.

As the Government’s report was silent as to any further developments, the Committee expresses the hope that in the context of the abovementioned ongoing review of the national OSH system in the country, measures will be taken to ensure that this Convention is fully implemented and that due account is taken of the Committee’s previous comments which read as follows.

Articles 4, 5, 7, 11(a), (b), (e) and (f) and 15. Formulating and implementing a national policy on OSH. The Committee notes the information that the Government has not yet taken any measures to formulate, implement and review a coherent national policy on OSH, in accordance, inter alia, with Article 4 and related provisions of the Convention. The Committee requests the Government to provide information on measures taken or envisaged to formulate, implement and periodically review a coherent national policy on OSH and the working environment in consultation with the most representative workers’ and employers’ organizations, in the main fields of action prescribed in Article 5 and to ensure the progressive development of the functions referred to in paragraphs a, b, e and f of Article 11, and the institutional arrangement referred to in Article 15.

Article 10. Measures taken to provide guidance to employers and workers. The Committee notes that the Government refers to sections D9 and 14 of the Labour Code concerning employers’ and workers’ obligations at a workplace. The Committee notes that these provisions do not provide for measures to be taken to provide guidance to employers and workers so as to help them to comply with legal obligations. The Committee requests the Government to indicate the effect given, in law and in practice, to Article 10 concerning guidance and advice to employers and workers to help them comply with relevant legal obligations concerning OSH.

Article 12. Measures required to ensure that the obligations of those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use, are carried in the specified manner. The Committee notes that although the Government refers to the Labour Code in this respect, the referenced legislation is silent as regards the issues referred to in this Article. The Committee requests the Government to provide information on the measures taken to ensure that full effect, in law and in practice, is given to this Article of the Convention.

Articles 13 and 19(f). Protection from undue consequences of a worker who has removed himself from a work situation which he has reasonable justification to believe presents an imminent and serious danger to his life or health. The Committee notes that the referenced legislation is silent on the issues regulated in these Articles. The Committee requests the Government to indicate how effect is given to the requirements which ensure protection against undue consequences of workers who have removed themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health and ensuring that such workers are not required to return to such work situations while the imminent and serious danger is continuing.

Article 14. Measures to promote the inclusion of questions of OSH and the working environment at all levels of education and training. The Committee notes the information that the Labour Department had recently organized a workshop with the aid of the Organization of American States (OAS) Office for all labour inspectors and all the key stakeholders in OSH. It also notes that the Labour Department is in the process of planning activities to sensitize the public on the importance of OSH. The Committee requests the Government to provide information on measures taken to promote questions of occupational health and safety and the working environment at all levels of education and training, including higher technical, medical and professional education.

Article 16. Action at the level of the undertaking. The Committee notes that sections D13(1)(1)(g) and D13(1)(h) of the Labour Code prescribe controlling measures to be taken by employers in respect of work being carried out with white phosphorous and benzene. The Committee requests the Government to provide information on employers’ obligations to take measures ensuring that other chemicals, as well as physical and biological substances or agents under their control, are without risk to health when appropriate measures are taken.

Article 17. Measures to ensure that two or more enterprises which engage in activities simultaneously at one workplace collaborate in applying the requirements of the Convention. The Committee notes the information that there are no provisions giving effect to this Article of the Convention. The Committee requests the Government to provide further information on measures taken, in law and in practice, to ensure collaboration in applying the requirements of this Convention whenever two or more undertakings engage in activities simultaneously at one workplace.

Article 19(a)–(e). Arrangements made at the level of the undertaking ensuring suitable conditions for all aspects of cooperation between employers, workers, their representatives, consultations with them and their training. The Committee notes that the reference to the Labour Code is silent as regard the issues regulated in this Article of the Convention. The Committee requests the Government to indicate the measures taken, in law and practice, to give effect to these provisions of the Convention.

Article 20. Cooperation between management and workers and/or their representatives within the undertaking. The Committee notes that the Government states that the Labour Code sets the standard that both employers and employees must follow but that it is silent as regards the issue regulated in this Article. The Committee requests the Government to provide further information on measures taken to give effect to this Article of the Convention.

Part V of the Report Form. Application in practice. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in the country and attach extracts from inspection reports and, where such exists, information on the number of workers covered by the legislation, the number and nature of the contraventions reported, their number, nature and cause of the accidents reports etc.

[The Government is asked to report in detail to the present comments in 2012.]

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Articles 1 and 2 of the Convention. Scope of application. Article 3. Definitions. The Committee notes the information provided that the occupational safety and health provisions in Cap. 27 Division “D” of the Labour Code only applies to the private sector and that certain public employees including the police and the armed forces are governed by the special legislation including the Police Act and Regulations, the Civil Service Act and Regulations and the Defence Force Acts, respectively. The Committee notes however that the referenced legislation does not contain any provisions on occupational safety and health (OSH) giving effect to these Articles of the Convention. The Committee requests the Government to clarify measures taken to give effect to the Convention as regards public employees. It also requests the Government to provide information on definitions used for the purpose of the Convention in accordance with Article 3.

Articles 4, 5, 7, 11, paragraphs (a), (b), (e) and (f), and Article 15. Formulating and implementing a national policy on OSH. The Committee notes the information that the Government has not yet taken any measures to formulate, implement and review a coherent national policy on OSH in accordance, inter alia, with Article 4 and related provisions of the Convention. The Committee requests the Government to provide information on measures taken or envisaged to formulate, implement and periodically review a coherent national policy on OSH and the working environment in consultation with the most representative workers’ and employers’ organizations, in the main fields of action prescribed in Article 5 and to ensure the progressive development of the functions referred to in paragraphs (a), (b), (e) and (f) of Article 11 and the institutional arrangement referred to in Article 15.

Article 10. Measures taken to provide guidance to employers and workers. The Committee notes that the Government refers to sections D9 and 14 of the Labour Code concerning employers’ and workers’ obligations at a workplace. The Committee notes that these provisions do not provide for measures to be taken to provide guidance to employers and workers so as to help them to comply with legal obligations. The Committee requests the Government to indicate the effect given, in law and in practice, to Article 10 concerning guidance and advice to employers and workers to help them comply with relevant legal obligations concerning OSH.

Article 12. Measures required to ensure that the obligations of those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use, are carried out in the specified manner. The Committee notes that although the Government refers to the Labour Code in this respect, the referenced legislation is silent as regards the issues referred in this Article. The Committee requests the Government to provide information on the measures taken to ensure that full effect, in law and in practice, is given to this Article of the Convention.

Articles 13 and 19(f). Right to removal. The Committee notes that the referenced legislation is silent on the issues regulated in these Articles. The Committee requests the Government to indicate how effect is given to the requirements which ensure protection against undue consequences of workers who have removed themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health and ensuring that such workers are not required to return to such work situations while the imminent and serious danger is continuing.

Article 14. Measures to promote the inclusion of questions of OSH and the working environment at all levels of education and training. The Committee notes the information that the Labour Department had recently organized a workshop with the aid of the office of the Organization of American States for all labour inspectors and all the key stakeholders in OSH. It also notes that the Labour Department is in the process of planning activities to sensitize the public on the importance of OSH. The Committee requests the Government to provide information on measures taken to promote questions of OSH and the working environment at all levels of education and training, including higher technical, medical and professional education.

Article 16. Action at the level of the undertaking. The Committee notes that sections D13(1)(1)(g) and D13(1)(h) of the Labour Code prescribe controlling measures to be taken by employers in respect of work being carried out with white phosphorous and benzene. The Committee requests the Government to provide information on employers’ obligations to take measures ensuring that other chemicals as well as physical and biological substances or agents under their control are without risk to health when appropriate measures are taken.

Article 17. Collaboration in complying with the requirements of this Convention when two or more enterprises engage in activities simultaneously at one workplace. The Committee notes the information that there are no provisions giving effect to this Article of the Convention. The Committee requests the Government to provide further information on measures taken, in law and in practice, to ensure collaboration in applying the requirements of this Convention whenever two or more undertakings engage in activities simultaneously at one workplace.

Article 19, paragraphs (a) to (e). Arrangements made at the level of the undertaking ensuring suitable conditions for all aspects of cooperation between employers, workers, their representatives, consultations with them and their training. The Committee notes that the Labour Code is silent as regards the issues regulated in this Article of the Convention. The Committee requests the Government to indicate the measures taken, in law and in practice, to give effect to these provisions of the Convention.

Article 20. Cooperation between management and workers and their representatives within the undertaking. The Committee notes the Government’s statement that the Labour Code sets the standard that both employers and employees must follow but that it is silent as regards the issue regulated in this Article. The Committee requests the Government to provide further information on measures taken in law and in practice to give effect to this Article of the Convention.

Part V of the report form. Application in practice. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in the country and attach extracts from inspection reports and, where such exists, information on the number of workers covered by the legislation, the number and nature of the contraventions reported, the number, nature and cause of the accidents reported etc.