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

Occupational Safety and Health Convention, 1981 (No. 155) - South Africa (Ratification: 2003)

The Committee notes the Government’s report including the information that the review phase of the Occupational Health and Safety Act (No. 85 of 1993) has been completed but that this Act still remains in force, a review Act has not yet been adopted. The Committee also notes the attachments to the report including three reports in inspections carried out and statistical data such as the quarterly labour force survey and mid-year (July 2010) population estimates. Hoping that the ongoing revision of the Occupational Health and Safety Act will be completed soon, the Committee requests the Government submit copies of this and any other relevant new or revised legislation as soon as it has been adopted, in order for the Committee to be able to examine the effect given to this Convention at a future session.

Part V of the report form. Application in practice. The Committee notes the information that the Department of Labour works extensively with its social partners to achieve its annual and long term objectives including through the Advisory Council for Occupational Health and Safety and that the Department continues to use the Occupational Health and Safety Accord as a guide in crafting its annual plans for occupational health and safety. A special team has been set up to deal with high risk and problematic sectors and that the labour inspectors have been provided with certain additional equipment such as cars. As regards the requests for information regarding the number, nature and cause of accidents reported, the Government indicates that while it has a system aimed at collecting statistics for occupational safety and health (OSH), it has been malfunctioning for long periods of time and that in most of the provinces statistics are kept manually. The Government also indicates that, based on available information, the total number of OSH incidents reported in 2008–09 were 5,326 and in 2009–10, 3,788. Of these incidents 77 per cent had been finalized in March 2010. The Committee requests the Government to provide further information on measures taken to address the malfunctioning system for collecting relevant data on occupational accidents and disease. It also requests the Government to provide further information relevant for a general appreciation of the manner in which the Convention is applied in the country and attach extracts from inspection reports, and where such statistics exist, information on the number of workers covered by the legislation, the number and nature of the contraventions reported, the number, nature and causes of the accidents reported, etc.

Plan of action (2010–16). The Committee would like to take this opportunity to inform the Government that, in March 2010, the Governing Body adopted a plan of action to achieve widespread ratification and effective implementation of the key instruments in the area of occupational health and safety, 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) (document GB.307/10/2 (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 in conformity with these key OSH Conventions in order to promote their ratification and effective implementation. The Committee invites the Government to provide information on any needs it may have in this respect.

Part VI of the report form. Consultations with representative organizations of employers and workers. The Committee notes the lack of information on consultations held with representative organizations of employers and workers. The Committee requests the Government to provide further information on the representative organizations to which copies of the Government’s report have been communicated in accordance with article 23(2) of the ILO Constitution.