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

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

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.