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Individual Case (CAS) - Discussion: 1990, Publication: 77th ILC session (1990)

The Government has supplied the following information:

The recently reconstituted National Advisory Committee on Labour would give serious consideration to the application of this Convention during the course of its deliberations with a view to bringing the legislation into conformity with the provisions of the Convention.

In addition, a Government representative stated that consultations with the ministries and sectors concerned were still going forward and the results would be taken into consideration by the Tripartite National Advisory Committee on Labour so as to give effect to the Convention in agriculture, forestry, road and rail transport, and shipping. However, these consultations were proceeding more slowly than had originally been expected. It was not clear from the definition of the world "factories" under the Factory Act whether this term also included factories in the sectors concerned as regards the guarding of machinery. The Government was seeking legal advice on the application of the Convention to these sectors, with a view to bringing legislation into conformity with the provisions of the Convention.

The Employers' members pointed out that the question of extending the regulations on guarding machinery to the sectors in question, which were included in the scope of the Convention, had been the subject of comments for a number of years. They hoped that conclusions would be reached rapidly and wondered if the Government decision to take legal advice as to whether such an extension could be applied to these sectors was not a step backward.

The Workers' members stated that they were disturbed by the written comments submitted by the Government according to which the Tripartite National Consultative Committee on Labour would carry out an in-depth review of the question. The Committee of Experts' report showed that the Government had subsequently included the same comments in its report on the application of the Convention. While not questioning the good intentions of the Government, they pointed out that the problem had existed for more than 20 years, and this state of affairs was not denied by the Government. They stressed that the measures required for remedying the situation should be taken as quickly as possible.

The Committee took due note of the explanations given by the Government. It expressed the wish that the Government would soon be in a position to report in detail on the action taken to bring legislation and practice into conformity with the Convention.

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 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 119 (machine safety) and 184 (occupational safety and health in agriculture) together.
Ongoing legislative reform and policy development. The Committee notes the Government’s reference, in its report submitted under Convention No. 119, to an ongoing legislative reform on OSH. It notes in this respect that both a draft OSH Bill and a draft OSH policy have been developed. The Committee requests the Government to take into account the Committee’s comments below in the context of its ongoing legislative reform and ongoing policy development processes. It requests the Government to provide a copy of the OSH Act and the OSH policy, once adopted.

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.
The Committee notes that the Government repeats its previous statement that it is taking all necessary steps to ensure the guarding of machinery in all sectors of economic activity, especially in agriculture, forestry, road and rail transport and shipping, to safeguard the safety of workers in these sectors. The Government reiterates in this respect that the need to apply the Convention in these sectors will be taken up in the revision of the legislation on OSH in due course. The Committee urges the Government to take the necessary measures, including in the context of the ongoing legislative reform on OSH, to ensure the application of the Convention to all sectors of economic activity. It requests the Government to provide information on the measures taken in this respect.

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

The Committee notes the Government’s first report.
Article 4(1) of the Convention. National policy on safety and health in agriculture. The Committee notes the Government’s indication in its report that the Labour Act (No. 651) of 2003 gives effect to the provisions of the Convention. The Committee also notes that the draft OSH Bill foresees the establishment of a National Commission on Occupational Safety and Health, which will include a committee on agriculture. The Committee requests the Government to pursue its efforts with respect to the formulation and implementation of a coherent national policy on safety and health in agriculture, after consultation of the representative organizations of employers and workers concerned. It also requests the Government to provide information on the measures taken to periodically review the national policy, once implemented.
Article 5. Adequate and appropriate system of inspection. The Committee notes the Government’s indication that the Labour Department and Department of Factories Inspectorate ensure the prevention of occupational accidents and injuries to health arising out of, and in the course of, employment. It notes in this respect the detailed information contained in the Statistical Report of the Minister of Employment and Labour Relations of 2016, published on the Government’s website in August 2017, related to the inspection activities of the Labour Department and the Department of Factories Inspectorate. This data, disaggregated by sector, does not contain information on any labour inspection visits conducted in the agricultural sector. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that an adequate and appropriate system of inspection for agricultural workplaces is in place and is provided with adequate means.
Article 6(2). Cooperation between two or more employers in an agricultural workplace. The Committee requests the Government to take the necessary measures, including in the context of the ongoing legislative reform on OSH, to ensure 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. Risk assessments and adoption of preventive and protective measures. The Committee notes that section 118(c) of the Labour Act requires the employer to provide the necessary information, instructions, training and supervision to workers having regard to their age, literacy level and other circumstances, to ensure, so far as is reasonably practicable, their health and safety at work, in accordance with Article 7(b) of the Convention. The Committee requests the Government to provide information on the measures taken, 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, in accordance with 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, in accordance with Article 7(c).
Article 8. Rights and duties of workers in agriculture and their representatives. The Committee notes that section 10 of the Labour Act, providing that the rights of a worker include the right to receive information relevant to his or her work, gives partial effect to Article 8(1)(a). Section 118(3), providing that it is the obligation of every worker to use safety appliances, firefighting equipment and personal protective equipment provided by the employer in compliance with the employer’s instructions, gives partial effect to Article 8(2). The Committee requests the Government to provide information on the measures taken to ensure that workers in agriculture have the right to be consulted on safety and health matters including risks from new technologies, in accordance with Article 8(1)(a). It also requests further information on measures taken to provide that workers in agriculture and their representatives have the duty to comply with the prescribed safety and health measures and to cooperate with employers in order for the latter to comply with their own duties and responsibilities, in accordance with Article 8(2)). Lastly, the Committee requests the Government to provide information on the consultations held with the social partners in the establishment of procedures in this respect, in accordance with Article 8(4) of the Convention.
Articles 9 and 10. Machine safety. The Committee notes the Government’s indication that the national legislation does not contain any provisions covering Article 10(a), although employers are required to comply with manufacturers’ manuals. The Committee also notes the Government’s reference to the Driver and Vehicle Licensing Authority Act regarding the operation of vehicles. With reference to its comments above concerning Convention No. 119, the Committee requests the Government to provide information on the measures taken: (i) to 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) to 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) to ensure that workers receive and understand the safety and health information supplied by manufacturers, importers and suppliers (Article 9(3)). The Committee also 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. The Committee notes that pursuant to section 118(2)(b) of the Labour Act, the employer shall ensure the safety and absence of risks to health with regard to the use, handling, storage and transport of articles and substances. It also notes that section 7(1) of the Labour Regulations (L.I. No. 1833) of 2007 provides that young persons shall not be employed in work involving manual lifting of loads exceeding 25 kilograms. The Committee requests the Government to provide information on any further measures taken 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. The Committee notes the Government’s indication that the Ghana Standards Authority (GSA) and the Food and Drugs Authority (FDA) are responsible for the establishment of specific criteria for the importation of chemicals used in agriculture and that the inspectorate division of the Environmental Protection Agency (EPA) is responsible for the system for the safe collection, recycling and disposal of chemical waste. The Committee requests the Government to provide further information on: (i) the system establishing specific criteria for the importation, classification, packaging and labelling of chemicals used in agriculture and for their banning or restriction (Article 12(a)); and (ii) the measures taken to ensure that those who produce, import, provide, sell, transfer, store or dispose of chemicals used in agriculture comply with safety and health standards, and provide adequate and appropriate information to the users (Article 12(b)). It also requests the Government to provide further information on the manner in which the system established by the EPA ensures the safe collection, recycling and disposal of chemical waste, obsolete chemicals and empty containers of chemicals so as to avoid their use for other purposes and to eliminate or minimize the risks to safety and health and to the environment, in accordance with Article 12(c) of the Convention.
Article 13. Preventive and protective measures in agriculture for the use of chemicals and handling of chemical waste at the level of the undertaking. The Committee notes that the Government indicates that the FDA, the EPA, the Ministry of Food and Agriculture and the GSA are responsible for preventive and protective measures for the use of chemicals and the handling of chemical waste at the level of the undertaking. The Committee requests the Government to provide further detailed information on the preventive and protective measures adopted in this regard, in particular in relation to Article 13(2)(a), (b), (c) and (d).
Article 14. Animal handling and protection against biological risks. The Committee notes the Government’s indication that effect is given to Article 14 of the Convention by: the by-laws of the District Assembly, the Labour Department and the Factories Inspectorate during inspections, and the Ministry of Food and Agriculture. The Committee requests the Government to provide further information on the measures taken or envisaged 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.
Article 15. Agricultural installations. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that the construction, maintenance and repairing of agricultural installations are in conformity with national laws, regulations and safety and health requirements.
Article 16. Young workers and hazardous work. The Committee notes that, under section 91 of the Children’s Act (No. 569) of 1998, the minimum age for hazardous work is 18 years. Section 91(3) provides that hazardous work includes, inter alia, porterage of heavy loads and work in places where machines are used. The Committee also recalls that in its comments under the Worst Forms of Child Labour Convention, 1999 (No. 182), it noted that the Government envisaged reviewing and updating the list of types of hazardous work under section 91, and that a new list of hazardous work had been finalized in the cocoa sector within the framework of the National Programme for the Elimination of Worst Forms of Child Labour in the cocoa industry. The Committee requests the Government to provide further information on the measures taken or envisaged to ensure that children under 18 do not engage in hazardous work in agriculture (Article 16(1)), as well as on the determination of the types of employment or work in agriculture considered as hazardous, after consultation with the representative organizations of employers and workers concerned (Article 16(2)).
Article 18. Pregnancy, breastfeeding and the reproductive health of women agricultural workers. The Committee requests the Government to provide information on the measures taken or envisaged 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 notes that section 118(2)(f) and (g) of the Labour Act gives effect to Article 19(a). The Committee 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. The Committee requests the Government to provide information on the measures taken or envisaged to provide coverage by insurance or social security schemes to agricultural workers at least equivalent to that enjoyed by workers in other sectors for fatal and non-fatal occupational injuries and diseases, as well as against invalidity and other work-related health risks.
Application in practice. The Committee requests the Government to provide information on the manner in which the Convention is applied in practice and, where such statistics exist, information on the number of workers covered by the relevant legislation, the number and nature of infringements reported and the number, nature and cause of occupational accidents and diseases recorded.

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

Articles 1 and 17 of the Convention. Scope of application. The Committee notes the Government’s statement in its report that, in light of the need to extend the national legislation giving effect to the Convention in relation to agriculture, forestry, road and rail transport, as stressed by the Committee, it is focusing on the need to revise legislation in the field of occupational safety and health. The Government states that it is taking all necessary steps to ensure the guarding of machinery in all sectors of economic activity, especially agriculture, forestry, road and rail transport and shipping, to safeguard the safety of workers in these sectors. The Committee recalls that, for a long period of time, it has drawn the Government’s attention to the need to extend the legislation giving effect to the Convention to these sectors. The Committee trusts that, in the context of the revision of the legislation in the field of occupational safety and health, the Government will take the necessary measures to give effect to the Convention. The Committee urges the Government to take the necessary steps in the very near future to ensure the guarding of machinery in all sectors of economic activity, including agriculture, forestry, road and rail transport and shipping.
[The Government is asked to reply in detail to the present comments in 2017.]

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

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:
Repetition
Follow-up to technical assistance. The Committee has been informed that technical assistance aiming at ensuring an effective follow-up to its comments on the application of this Convention was provided in 2011. The Committee invites the Government to provide detailed information on the outcome of this technical assistance.

Pending comment

Articles 1 and 17 of the Convention. Scope of application. The Committee reminds the Government that, for more than 30 years, the Committee has drawn the Government’s attention to the need to extend the legislation giving effect to the Convention to agriculture, forestry, road and rail transport and shipping. In its 1986 report, the Government indicated that it was due to submit the Committee’s observations to the tripartite National Advisory Committee on Labour so that it could examine them and take the necessary steps to give full effect to the provisions of the Convention. The Committee trusts that, in the context of the revision of the labour legislation launched with the adoption of the Labour Code in 2003, the Government will focus on the need to revise the legislation in the field of occupational safety and health, especially in order to give effect to the Convention. The Committee urges the Government to take the necessary steps in the very near future to ensure the guarding of machinery in all sectors of economic activity, particularly agriculture, forestry, road and rail transport and shipping.

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

Follow-up to technical assistance. The Committee has been informed that technical assistance aiming at ensuring an effective follow-up to its comments on the application of this Convention was provided in 2011. The Committee invites the Government to provide detailed information on the outcome of this technical assistance.

Pending comment

Articles 1 and 17 of the Convention. Scope of application. The Committee reminds the Government that, for more than 30 years, the Committee has drawn the Government’s attention to the need to extend the legislation giving effect to the Convention to agriculture, forestry, road and rail transport and shipping. In its 1986 report, the Government indicated that it was due to submit the Committee’s observations to the tripartite National Advisory Committee on Labour so that it could examine them and take the necessary steps to give full effect to the provisions of the Convention. The Committee trusts that, in the context of the revision of the labour legislation launched with the adoption of the Labour Code in 2003, the Government will focus on the need to revise the legislation in the field of occupational safety and health, especially in order to give effect to the Convention. The Committee urges the Government to take the necessary steps in the very near future to ensure the guarding of machinery in all sectors of economic activity, particularly agriculture, forestry, road and rail transport and shipping.

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

The Committee notes the Government’s brief report indicating that no legislative amendments to ensure compliance with the Convention have yet been taken. It also notes that the Government requests technical assistance from the ILO in reviewing its laws governing the sectors of concern, namely agriculture, forestry, road and rail transport and shipping. 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 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) (document GB.307/10/2 (Rev.)). The Committee invites the Government to consider broadening the scope of technical assistance to be requested to include revision of the national law and practice in the country also in the broader context of the key Conventions covered by the Plan of Action. The Committee invites the Government to provide information on any needs it may have in this respect and in order to ensure the effective application of the provisions of the Convention. In the meantime, the Committee is required to repeat its previous observation regarding the scope of application of the Convention which read as follows:

Articles 1 and 17 of the Convention.Scope of application. The Committee reminds the Government that, for more than 30 years, the Committee has drawn the Government’s attention to the need to extend the legislation giving effect to the Conventon to agriculture, forestry, road and rail transport and shipping. In its 1986 report, the Government indicated that it was due to submit the Committee’s observations to the tripartite National Advisory Committee on Labour so that it could examine them and take the necessary steps to give full effect to the provisions of the Convention. The Committee trusts that, in the context of the revision of the labour legislation launched with the adoption of the Labour Code in 2003, the Government will focus on the need to revise the legislation in the field of occupational safety and health, especially in order to give effect to the Convention. The Committee urges the Government to take the necessary steps in the very near future to ensure the guarding of machinery in all sectors of economic activity, particularly agriculture, forestry, road and rail transport and shipping.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

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

The Committee notes with regret that the Government’s reports received in 2006, 2007 and 2008 do not contain any new information nor any reply to its previous comments and that the Government’s report for 2009 has not been received. It must therefore repeat its previous observation which read as follows:

Articles 1 and 17 of the Convention. Scope of application. The Committee reminds the Government that, for more than 30 years, the Committee has drawn the Government’s attention to the need to extend the legislation giving effect to the Convention to agriculture, forestry, road and rail transport and shipping. In its 1986 report, the Government indicated that it was due to submit the Committee’s observations to the tripartite National Advisory Committee on Labour so that it could examine them and take the necessary steps to give full effect to the provisions of the Convention. The Committee trusts that, in the context of the revision of the labour legislation launched with the adoption of the Labour Code in 2003, the Government will focus on the need to revise the legislation in the field of occupational safety and health, especially in order to give effect to the Convention. The Committee urges the Government to take the necessary steps in the very near future to ensure the guarding of machinery in all sectors of economic activity, particularly agriculture, forestry, road and rail transport and shipping, and invites the Government to request assistance from the ILO in due course in order to ensure the effective application of the provisions of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

[The Government is asked to report in detail in 2010.]

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

The Committee notes with regret that the Government’s reports received in 2006, 2007 and 2008 do not contain any new information nor any reply to its previous comments.

Articles 1 and 17 of the Convention. Scope of application. The Committee reminds the Government that, for more than 30 years, the Committee has drawn the Government’s attention to the need to extend the legislation giving effect to the Convention to agriculture, forestry, road and rail transport and shipping. In its 1986 report, the Government indicated that it was due to submit the Committee’s observations to the tripartite National Advisory Committee on Labour so that it could examine them and take the necessary steps to give full effect to the provisions of the Convention. The Committee trusts that, in the context of the revision of the labour legislation launched with the adoption of the Labour Code in 2003, the Government will focus on the need to revise the legislation in the field of occupational safety and health, especially in order to give effect to the Convention. The Committee urges the Government to take the necessary steps in the very near future to ensure the guarding of machinery in all sectors of economic activity, particularly agriculture, forestry, road and rail transport and shipping, and invites the Government to request assistance from the ILO in due course in order to ensure the effective application of the provisions of the Convention.

[The Government is asked to report in detail in 2009.]

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

1. The Committee notes with regret that the Government’s reports received in 2006 and 2007 do not contain any new information or any reply to its previous comments.

2. Articles 1 and 17 of the Convention. Scope of application. The Committee reminds the Government that, for more than 30 years, it has drawn the Government’s attention to the need to extend the legislation giving effect to the Convention to agriculture, forestry, road and rail transport and shipping. In its 1986 report, the Government indicated that it was due to submit the Committee’s observations to the tripartite National Advisory Committee on Labour so that it could examine them and take the necessary steps to give full effect to the provisions of the Convention. The Committee trusts that, in the context of the revision of the labour legislation launched with the adoption of the Labour Code in 2003, the Government will focus on the need to revise the legislation in the field of occupational  safety and health, especially in order to give effect to the Convention. The Committee urges the Government to take the necessary steps in the very near future to ensure the guarding of machinery in all sectors of economic activity, particularly agriculture, forestry, road and rail transport and shipping, and invites the Government to request assistance from the ILO in due course in order to ensure the effective application of the provisions of the Convention.

[The Government is asked to report in detail in 2008.]

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

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

The Committee notes that the Government’s report does not contain a reply to its previous comments. It is therefore bound to repeat its observations on the measures which should be adopted to give effect to the provisions of the Convention in all branches of economic activity in the country.

Articles 1 and 17 of the Convention. In the comments that it has been making for many years, the Committee has drawn the Government’s attention to the fact that the Factories, Offices and Shops Act, 1970, and the Mining Regulations, 1970, only give effect to the Convention in a limited number of sectors of economic activity. Certain branches of activity, such as agriculture, forestry, road and rail transport and shipping, are not covered by it. In its report for the period ending 30 June 1993, the Government stated that the issue had been referred to the tripartite National Advisory Committee on Labour which was to make recommendations for the adoption of appropriate measures to give effect to the Convention in the above sectors. The Committee recalls in this respect that the Government has been indicating, at least since 1986, that it would refer the Committee’s observations to the tripartite National Advisory Committee on Labour for examination with a view to the adoption of the necessary measures.

The Committee notes that once again in its last report the Government has not provided any new information. It once again requests the Government to provide detailed information on the measures taken to ensure the guarding of machinery in all branches of economic activity, and particularly in agriculture, forestry, road and rail transport and shipping.

2. The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

The Committee notes that the Government’s report does not contain a reply to its previous comments. It is therefore bound to repeat its observations on the measures which should be adopted to give effect to the provisions of the Convention in all branches of economic activity in the country.

Articles 1 and 17 of the Convention. In the comments that it has been making for many years, the Committee has drawn the Government’s attention to the fact that the Factories, Offices and Shops Act, 1970, and the Mining Regulations, 1970, only give effect to the Convention in a limited number of sectors of economic activity. Certain branches of activity, such as agriculture, forestry, road and rail transport and shipping, are not covered by it. In its report for the period ending 30 June 1993, the Government stated that the issue had been referred to the tripartite National Advisory Committee on Labour which was to make recommendations for the adoption of appropriate measures to give effect to the Convention in the above sectors. The Committee recalls in this respect that the Government has been indicating, at least since 1986, that it would refer the Committee’s observations to the tripartite National Advisory Committee on Labour for examination with a view to the adoption of the necessary measures.

The Committee notes that once again in its last report the Government has not provided any new information. It once again requests the Government to provide detailed information on the measures taken to ensure the guarding of machinery in all branches of economic activity, and particularly in agriculture, forestry, road and rail transport and shipping.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

Articles 1 and 17 of the Convention. In comments made for a number of years, the Committee has drawn the Government's attention to the fact that the Convention is applied only to limited sectors of economic activity through the Factories, Offices and Shops Act, 1970, and the Mining Regulations, 1970, as amended. Some branches of activity -- agriculture, forestry, road and rail transport and shipping -- are not covered by it. In its report for the period ending 30 June 1993, the Government stated that the issue had been placed before the tripartite National Advisory Committee on Labour which should make recommendations for the adoption of appropriate measures that give effect to the Convention in the branches mentioned.

The Committee notes that no new information has been provided by the Government. It requests the Government, once again, to supply detailed information on measures taken to ensure the guarding of machinery in all sectors of economic activity and notably in agriculture, forestry, road and rail transport and shipping.

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

Articles 1 and 17 of the Convention. With reference to its previous comments, the Committee notes that measures have not yet been adopted to ensure the guarding of machinery in agriculture, forestry, road and rail transport and shipping. The Committee notes that the issue was placed before the tripartite National Advisory Committee on Labour. The Committee hopes that the National Advisory Committee on Labour would soon make recommendations on the matter and relevant measures would be adopted to give effect to the Convention in agriculture, forestry, road and rail transport and shipping.

The Committee requests the Government to provide detailed information on measures taken or contemplated to ensure the guarding of machinery in the sectors referred to above.

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

The Committee notes with regret that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

Articles 1 and 17 of the Convention. In its previous comments, the Committee noted that measures had not yet been adopted to give effect to the Convention in agriculture, forestry, road and rail transport and shipping. The Committee noted that the Government was going to hold consultations with the ministries and sectors concerned in order to obtain their views, after which the Tripartite National Advisory Committee on Labour would consider the matter. The Committee noted that the Government's latest report does not contain any information on this question. Since it has been the subject of comments for several years and assurances have been given by the Government on several occasions, the Committee hopes that the necessary action will at last be taken to ensure the guarding of machinery in the sectors concerned and that the Government will soon supply specific information on the progress made to that end.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

Articles 1 and 17 of the Convention. In its previous comments, the Committee noted that measures had not yet been adopted to give effect to the Convention in agriculture, forestry, road and rail transport and shipping. The Commission noted that the Government was going to hold consultations with the ministries and sectors concerned in order to obtain their views, after which the Tripartite National Advisory Committee on Labour would consider the matter. The Committee noted that the Government's latest report does not contain any information on this question. Since it has been the subject of comments for several years and assurances have been given by the Government on several occasions, the Committee hopes that the necessary action will at last be taken to ensure the guarding of machinery in the sectors concerned and that the Government will soon supply specific information on the progress made to that end.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee has taken note of the Government's report and of the information supplied to the Conference Committee in 1990.

Articles 1 and 17 of the Convention. In its previous comments, the Committee noted that measures had not yet been adopted to give effect to the Convention in agriculture, forestry, road and rail transport and shipping.

The Commission noted that the Government was going to hold consultations with the ministries and sectors concerned in order to obtain their views, after which the Tripartite National Advisory Committee on Labour would consider the matter.

The Committee notes that the Government's latest report does not contain any information on this question. Since it has been the subject of comments for several years and assurances have been given by the Government on several occasions, the Committee hopes that the necessary action will at last be taken to ensure the guarding of machinery in the sectors concerned and that the Government will soon supply specific information on the progress made to that end.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

Articles 1 and 17 of the Convention. With regard to the application of the Convention in mines, the Committee has taken note of the texts of the Mining Regulations, 1970, the Mining (Amendment) Regulations, 1971, the Explosives Regulations, 1970, and the Explosives (Amendment) Regulations, 1971, supplied by the Government.

In earlier comments, the Committee noted that measures had yet to be adopted to give effect to the Convention in agriculture, forestry, road and rail transport and shipping.

The Committee notes from the Government's latest report that the Government will now undertake consultations with the ministries and the sectors concerned in order to obtain their views, after which the Tripartite National Advisory Committee on Labour will consider the matter. Since this matter has been the subject of comments for a number of years and assurances were given by the Government on many occasions, the Committee hopes that the necessary action will at last be taken to ensure the guarding of machinery in the sectors concerned and that the Government will soon report concrete progress towards the adoption of the statutory instruments required. [The Government is asked to report in detail for the period ending 30 June 1990.]

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