Occupational Safety and Health Convention, 1981 (No. 155) - Seychelles (Ratification: 2005)

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 148 (working environment (air pollution, noise and vibration)), 155 (OSH), and 161 (occupational health services) together.

General provisions

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

Articles 4, 5, 11 and 15 of the Convention. National policy on occupational safety and health. Further to its previous comment, the Committee notes with interest that a National Occupational Safety and Health Policy (OSH Policy) was approved and launched in April 2017. The new OSH Policy takes into account the main spheres of action in Article 5 of the Convention. It is based on key principles and eight strategies which address issues related to safety and health in workplaces, including the prevention of occupational accidents, diseases and deaths through the design and adaptation of work and work organizations to the physical and mental capacities of workers (section 4.0(e)); the effective coordination and collaboration amongst stakeholders (section 6.0(e)); and continual capacity of the enforcement agents particularly the labour inspectors and Safety Officers (section 10.7(a & b)). In addition, the Committee notes that the Government is planning to revise the OSH Policy in 2024 which will further take into account the requirements of Articles 11 and 15 of the Convention. The Committee further notes the Government’s indication that the revision of the Occupational Safety and Health Decree, undertaken since May 2013, was re-initiated by the Ministry in 2023 and that the technical assistance of the ILO has been requested to ensure its conformity with international standards. The Committee requests the Government to continue to provide updated information on all progress made regarding the revision of the OSH Policy and the review of the OSH Decree, as well as the consultations held with the most representative organisations of employers and workers in this regard. It also requests further information on measures taken or envisaged to give full effect to the requirements of Articles 11(b) (work processes and substances subject to authorization and control), 11(d) (holding of inquiries) and 11(e) (publication of OSH data), of the Convention.

Articles 13 and 19(f). Protection from undue consequences. Rights and duties of workers and their representatives. The Committee notes the Government’s indication, in reply to previous comments on the lack of legislative provisions giving effect to Article 13 of the Convention, that the revision of the Occupational Safety and Health Decree (OSH Decree) was re-initiated by the Ministry in 2023 and that the technical assistance of the ILO has been requested to ensure its conformity with the Convention. The Government further indicates that, during labour inspections, workers are advised to report to the Employment Department an imminent and serious danger to their life or health and that they should not feel compelled to work under unsafe conditions and may remove themselves from work. The Committee emphasizes that advice given to workers during the labour inspections does not give full effect to Articles 13 and 19(f) of the Convention. The Committee requests the Government to take the necessary measures to ensure that the revised OSH Decree gives full effect to Articles 13 and 19(f) of the Convention and provides that workers who have removed themselves from a work situation which they have reasonable justification to believe present an imminent and serious danger to their life or health shall be protected from undue consequences, and shall report the situation to their immediate supervisor.

Article 17. Collaboration when there are two or more employers engaging in activities simultaneously at the same undertaking. The Committee notes that under section 6.0(a) of the OSH Policy, employers and employers’ organizations are required to ensure that whenever two or more undertakings engage in activities simultaneously at one workplace, they collaborate in applying the requirements stipulated in the OSH Policy and the law. It is further stipulated that it shall be the responsibility of the main contractor to ensure compliance with safety regulations by the sub-contractor. Noting that the review of the Occupational Safety and Health Decree has been re-initiated by the Ministry in 2023, the Committee requests the Government to provide information on measures taken or envisaged to ensure that the revised OSH legislation gives full effect to the requirements of Article 17 of the Convention.

Article 19(c) and (e). Information and consultation at the level of the undertaking. The Committee requests the Government to provide further information on the measures taken to ensure that there are arrangements at the level of the undertaking under which workers and their representatives are given adequate information on measures taken to secure OSH (Article 19(c)) and that workers or their representatives and their representative organizations are enabled to enquire into, and are consulted by the employer on all aspects of OSH associated with their work (Article 19(e)).

Application of Convention No. 155 in practice. The Committee notes the statistics provided by the Government for 2015 to the first quarter of 2023 which indicates a total of sixteen fatal injuries, and an average of 73 reported occupational accidents per year. In particular, the Committee notes a more than 50 per cent increase in the number of occupational accidents and injuries reported from 2021 (41 injuries) to 2022 (100 injuries). Regarding inspection, the Committee notes with concern a substantial decrease in the number of inspections in the last decade, from 1,197 inspections conducted in 2013 to 538 inspections in 2022. The Committee requests the Government to provide information regarding the reasons for the significant decrease in the number of inspections, as well as measures taken to identify and address the underlying reasons for the increase in occupational accidents and injuries in 2022. It also requests the Government to continue to provide information on the application of the Convention in practice, including relevant up-to-date statistics onoccupational accidents and cases of occupational diseases.

Occupational Health Services Convention, 1985 (No. 161)

The Committee notes the information provided by the Government in response to its previous comments concerning Article 1 and Article 10 (independence of personnel providing occupational health services) of the Convention.

Article 2 of the Convention. National policy on occupational health services. Further to its previous comments, the Committee notes that section 6.0(e) of the OSH Policy states that the Government shall strengthen the OSH mechanism and system to protect all workers from occupational accidents, injuries and diseases, through the proper coordination of Occupational Health Services and OSH programmes. Noting the ongoing review of the OSH Decree and the projected revision of the OSH Policy, the Committee requests the Government to provide information on measures taken or envisaged to ensure that the revised policy includes a coherent national policy on occupational health services.

Articles 3, 5 and 6. Establishment and functions of occupational health services. Further to its previous comments regarding specific provisions the establishment of occupational health services, the Committee notes the Government's indication that such services are provided through the Public Health Authority and regulated by the OSH Decree and by Act 13, Public Health Authority Act, 2015, under the Surveillance Monitoring and Diseases Control Directorate. In this regard, the Committee notes the Government’s indications that the functions of occupational health Unit under the Ministry of Health include: conducting surveillance of worker's health; identification and assessment of the risk from health hazards in the workplace; preventing the occupational transmission of Hepatitis B virus among workers at risk; ensuring that the services are accessible to the working population; advising on planning and organization of work and work practices, including the design of workplaces; and providing advice, information, training and education on occupational health, safety and hygiene, which relate to the functions set out in Article 5(a), (c), (f) and (i). The Committee requests the Government to provide information on the performance of occupational health services with respect to the following functions: surveillance of the factors in the working environment and working practices which may affect workers' health (Article 5(b)); participation in the development of programmes for the improvement of working practices as well as testing and evaluation of health aspects of new equipment (Article 5(d)); advising on occupational health, safety and hygiene and on ergonomics and individual and collective protective equipment (Article 5(e)); promoting the adaptation of work to the worker (Article 5(g)); contribution to measures of vocational rehabilitation (Article 5(h)); organising of first aid and emergency treatment (Article 5(j)); and participation in analysis of occupational accidents and occupational diseases (Article 5(k)).

Article 8. Cooperation and participation of the employers, the workers and their representatives in the implementation of measures relating to occupational health services. The Committee notes the information provided by the Government on the activities of the Occupational Safety Board (OSB) including in 2023 where all OSB members participated in a Forum organised for Safety Officers/Representatives. The Committee requests the Government to provide information on the cooperation and participation of the employers, the workers and their representatives in activities that are specifically related to the occupational health services.

Protection against specific risks

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

The Committee notes the information provided by the Government in response to its previous request concerning Article 7(2) on the right of workers and their representatives to present proposals, obtain information and appeal to appropriate bodies and Article 11(3)–(4) on alternative employment or other measures to maintain the income of transferred workers.

Articles 4 and 8(1) and (3) of the Convention. Measures taken to prevent and control occupational hazards due to air pollution, noise and vibration and criteria for determining and reviewing hazards of exposure to air pollution, noise and vibration. Further to its previous comments, the Committee notes from the Government’s report that requirements for specific measures to prevent, control and protect workers against hazards due to air pollution and vibration in the working environment will be considered in the current review of the OSH Decree. The Government further refers to the re-composition of the OSB which will include two specialised medical practitioners who will advise the Government on specific matters related to occupational safety and health including occupational hazards of exposure to air pollution, noise and vibration. The Committee requests the Government to take measures to ensure that in the current review of the OSH Decree full effect is given to the requirements of Articles 4 and 8(1) and (3) of the Convention, prescribing measures to be taken for the prevention and control of, and protection against, occupational hazards in the working environment due to air pollution, noise and vibration, and establishing criteria for determining the hazards of exposure.

Article 5(1) and (2). Consultation between the competent authority and the most representative organizations of employers and workers. The Committee notes the information provided by the Government in response to the Committee’s previous comment and refers to its comment above on Articles 4, 5, 11 and 15 of Convention No. 155.

Article 5(4). Participation of the employer's and workers’ representatives in labour inspection. The Committee notes the indication of the Government that OSB members representing the workers have the possibility to accompany labour inspectors on inspection visits to workplaces. The Government further indicates that the requirements of Article 5(4) will be considered when reviewing the OSH Decree on whether this should be formalised in the reviewed legislation. The Committee requests the Government to continue to provide information on the measures taken to ensure that representatives of the employer and representatives of the workers of the undertaking shall have the opportunity to accompany inspectors in accordance with Article 5(4) of the Convention.

Article 6(2). Cooperation between two or more employers undertaking activities simultaneously at one workplace. The Committee refers to its comment above on Article 17 of Convention No. 155.

Article 9. Prevention of air pollution, noise and vibration through design and installation of new plants or processes. Noting the absence of information on this matter, the Committee once again requests the Government to provide particulars of the technical measures prescribed under the Environmental Impact Assessment process to ensure that, as far as possible, new plants or processes are kept free from any hazards due to air pollution, noise or vibration, and to provide information on any such measures taken with regard to existing plants or processes, as required by Article 9 of the Convention.

Article 12. Processes, substances, machinery and equipment requiring notification to the competent authorities. Noting the absence of information on this matter, the Committee once again requests the Government to provide detailed information on the processes, substances, machinery and equipment, subject to notification or authorization for their use, as well as information on the conditions prescribed by the competent authorities for such use.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Articles 4, 5, 11 and 15 of the Convention. National policy on occupational safety and health. The Committee previously noted from the Government’s report that the National Occupational Safety and Health (OSH) policy was drafted in 2006, and that discussions were ongoing in order to finalize the policy. The Committee notes from the Government’s current report that the National OSH policy, drafted by a tripartite committee, has been disseminated to different stakeholders for their input and comments, and that the Ministry of Labour and Human Resource Development (MLHRD) officially submitted a copy of this policy to the ILO Country Office for Madagascar, Comoros, Djibouti, Mauritius and Seychelles in Antananarivo on 5 August 2014. The Committee further notes that the Ministry anticipates organising a workshop on the OSH policy by the end of the year. The Committee invites the Government to take the necessary measures to include provisions giving effect to Articles 4 and 5 of the Convention in its draft national policy on OSH and requests information on any development in this regard. The Committee also invites the Government to consider the adoption of provisions giving effect to Articles 11 (functions carried out by the competent authorities) and 15 (coordination between the various authorities and bodies responsible for the implementation of the policy) of the Convention. The Committee requests the Government to transmit a copy of the national OSH policy as soon as it has been adopted.

Articles 13 and 19(a)–(f). Protection from undue consequences. Rights and duties of workers and their representatives. The Committee previously noted that the Government indicated that the Occupational Health and Safety Decree, Chapter 151, was being reviewed by the Occupational Safety Board and that a consultant had been identified by the Ministry to finalize the Bill. In this respect, the Committee notes that the MLHRD has submitted the proposed Bill for comments to the ILO’s regional office in Antananarivo, and that it anticipates the submission of the draft Occupational Safety and Health Decree for approval by both the Cabinet of Ministers and the National Assembly during the course of this year. The Committee notes that the Government refers to Part II of paragraph 2 of the Employment Act, 1995, which provides that an employer or a worker may initiate a grievance procedure, as covering protection from undue consequences, giving effect to Article 13. However, the Committee emphasizes that this provision does not give full effect to Article 13 of the Convention. In this respect, the Committee refers to paragraph 145 of its 2009 General Survey on Occupational Safety and Health, which states as follows:

Article 13 requires, in accordance with national conditions and practice, the protection of workers against “undue consequences” for removing themselves from a work situation if they have “reasonable justification to believe” that it presents “an imminent and serious danger” to their life or health. Article 19(f) complements this provision. It prescribes that the arrangements that should be in place at the workplace should include arrangements according to which workers must report “forthwith” to their “immediate supervisor” any such situations representing imminent and serious dangers. Article 19(f) also provides that the employer cannot require workers to return to a work situation where there is a continuing imminent danger until the employer has taken remedial action, if necessary.

The Committee also notes that a training of OSH officers at the workplace, including the labour inspectorate, has been embarked in the ILO Biennium work plan for Seychelles for the 2nd quarter of 2015, which includes a sensitization strategy towards public opinion as one of its training outcomes. In light of the current review of the Occupational Safety and Health Decree, Chapter 151, the Committee invites the Government to take the necessary measures to give effect to Articles 13 and 19 of the Convention in the proposed OSH Bill. It requests the Government to transmit a copy of the relevant text once it has been adopted. The Committee also requests the Government to indicate the outcome of the training of OSH officers.

Article 17. Collaboration when there are two or more employers engaging in activities simultaneously at the same undertaking. The Committee notes the information in the Government’s report refers to the provisions in the existing Occupational Safety and Health Decree, Chapter 151. However, the Committee notes that the present Decree does not seem to contain a specific provision providing for such collaboration. Noting that this legislation is currently under review, the Committee invites the Government to take the necessary measures to give effect to these provisions of the Convention in this context.

Application of the Convention in practice. The Committee notes from the statistics attached to the Government’s report that for the period covering 2011–14, there were a total of six fatal injuries, one person who was permanently disabled and a total of 347 temporarily disabled workers. The Committee also notes from the Government’s report that in 2013 there were 1,197 inspection visits conducted which is a 2.92 per cent increase from the 1,163 visits conducted in 2012, and that 511 inspections were completed in the first quarter of 2014, an increase of 343 inspections compared to the same period in 2013. The Committee further notes from the Government’s report that the MLHRD is organizing a workshop on safety and health in dock work during the annual safety week and that labour inspectors have been specifically assigned to monitor and conduct inspections in the construction industry in order to ensure compliance with the safety and health regulations within the industry. The Committee requests the Government to continue to provide information on the application of the Convention in practice, including relevant up-to-date statistics.

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

Articles 4, 5, 11 and 15 of the Convention. National policy on occupational safety and health. The Committee notes from the Government’s report that the National Occupational Safety and Health (OSH) policy was drafted in 2006, and discussions are still ongoing in order to finalize the policy, while ensuring that recent developments are considered. The matter has been discussed at the level of the OSH Board and the policy will be submitted for the approval of relevant authorities, namely the Minister of Labour and Human Resources Development (MLHRD) and the Cabinet of Ministers. The Committee requests the Government to keep the Office informed on the progress regarding the adoption of the national OSH policy and requests the Government to transmit a copy of the policy document, as soon as it has been adopted.

Article 13. Protection from undue consequences. Article 17. Collaboration when there are two or more employers at the same workplace. Article 19(a)–(f). Rights and duties of workers and their representatives. Article 20. Cooperation at the level of the enterprise. The Committee notes that, in reply to its previous comments under these articles, the Government refers to the preparation of the Occupational Health and Safety Decree, Chapter 151. It indicates that it has been reviewed by the OSH Board and that a consultant has been identified by the ministry to finalize the bill. In this respect, the Committee welcomes the Government’s intention to request the ILO technical assistance to align the Occupational Health and Safety Decree, Chapter 151, with the Occupational Safety and Health Convention, 1981 (No. 155). The Committee invites the Government to formally request the ILO technical assistance to provide comments on the draft legislation, in order to assist it in implementing the provisions of the Convention. It hopes that this new legislation will soon be adopted and requests the Government to transmit a copy of the relevant text once it has been adopted. In the meantime, the Committee asks the Government to take all necessary measures to ensure the application of these provisions in practice and to provide information in this respect.

Part V of the report form. Application in practice. The Committee notes the statistics on the occupational accidents for 2011 and 2012 provided with the Government’s report. It welcomes the decrease in the overall number of occupational accidents. The Committee also notes that the MLHRD is exploring the possibility of requesting the technical assistance of the ILO in order to organize a workshop on OSH (occupational accidents) for dockworkers and in the construction industry in order to better sensitise and ensure OSH of workers in those sectors, as the majority of occupational accidents occur in those industries. Finally, the Committee welcomes the Government’s information that the MLHRD will consider ratification of the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), once the applicable environment exists for the effective implementation of the Convention, notably through the adoption of the new OSH policy and OSH decree. The Committee requests the Government to continue to provide information on efforts to address the level of occupational accidents for dockworkers and workers in the construction and to continue to communicate relevant up-to-date statistics.

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

The Committee notes the information provided regarding effect given to Articles 1(2) and (3), 2(2) and (3), and 12 of the Convention.

Articles 4, 5, 11, and 15. National policy on occupational safety and health and implementing laws and regulations. The Committee notes the information that an updating of the 2006 national Occupational Safety and Health (OSH) profile is under way and that the draft national OSH policy which has been the object of tripartite consultations through the OSH Board and the National Consultative Committee on Employment (NCCE) will be finalized after the completion of the national OSH profile. The Committee hopes that a national OSH policy in line with Article 4 and other relevant articles of the Convention will soon be adopted and requests the Government to transmit a copy thereof as soon as it has been adopted.

Articles 13 and 19(f). Protection from undue consequences. Article 17. Collaboration when there are two or more employers at the same workplace. The Committee welcomes the information that relevant legislation is being reviewed to ensure compliance with these provisions of the Convention. The Committee hopes that the referenced legislative changes will soon be adopted and requests the Government to transmit a copy of relevant legislation once it has been adopted.

Article 19(a)–(e). Rights and duties of workers and their representatives. Article 20. Cooperation at the level of the enterprise. The Committee notes with interest the information that new legislation – Safety Officers Regulations – has been endorsed by the NCCE and is in the process of being gazetted. According to this draft, enterprises with more than 50 employees must employ a safety officer and in enterprises with less than 50 employees a safety representative must be elected. The Committee hopes that the referenced legislation will soon be adopted and requests the Government to transmit a copy of relevant legislation once it has been adopted.

Part V of the report form. Application in practice. The Committee notes that the Government’s report is silent as regards the application in practice of this Convention. The Committee reiterates its request to the Government to provide a general appreciation of the manner in which the Convention is applied in the country including 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.

[The Government is asked to report in detail in 2013.]

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes 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:

Article 1(2) and (3), and Article 2(2) and (3) of the Convention. Exemptions to scope of application. The Committee notes the Occupational Safety and Health Decree 1978 (No. 54) covers all sectors including public employees except seafarers while at sea and domestic workers, and that section 3 of the Occupational Safety and Health Act 1989 provides that the Decree shall apply to all employees, including employees of the Government; to employers including the Government; and to all self-employed persons where the activities could put themselves or other persons at risk. The Committee requests the Government to provide further information on whether consultations have been held with representative organizations of employers and workers regarding the exemptions to the scope of application of relevant national legislation. The Committee also requests the Government to provide information on the reasons for these exclusions and any progress made towards a wider application.

Articles 4, 5, 11 and 15. National policy on occupational safety and health and implementing laws and regulations. The Committee notes the information that a draft national OSH policy is being considered at the highest levels of government and that this policy will cover all aspects of OSH. The Committee draws the Government’s attention to the fact that a national OSH policy pursuant to Article 4 of the Convention shall be formulated, implemented and periodically reviewed in consultation with the most representative organizations of employers and workers. They shall thus be involved in all stages of the national policy process including the review process which is essential in order to assess progress and keep up with changing needs in society as well as technical developments. In order to ensure coherence, all relevant parties with responsibilities in the various aspects of OSH should be involved in this process and, in accordance with Article 5, it should cover the five main spheres of action mentioned. The protection of workers exercising OSH functions is an important sphere of action as it provides them with the level of independence necessary to carry out their work without fear of undue consequences. 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, covering the main spheres of action referred to in Article 5, and to ensure the progressive development of the functions referred to in Article 11(a), (b), (e) and (f), and the institutional arrangement referred to in Article 15.

Article 12. Obligations of those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee notes that in this context the Government indicates that the competent authorities carry out investigation of workplace complaints and occupational accidents; provide support to industry safety and health committees, safety officers, and safety and health representatives; registration of all chemical, physical and biological agents and dangerous equipment; and appointment of health and safety representatives. The Committee requests the Government to provide further information on 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 this Article. The Committee requests the Government to indicate how effect is given, in law and in practice, 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.

Article 17. Collaboration in complying with the requirements of the Convention when two or more enterprises engage in activities simultaneously at one workplace. The Committee notes that the report is silent on the effect given to this Article. 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 Government indicates that workers are free to contact the Labour Inspection Section regarding anything in relation to OSH in workplaces and that workers are able to consult their employer on any issues regarding OSH measures or before they carry out work on any hazardous or dangerous machines. The Committee requests the Government to indicate the measures taken, in law and in practice, to give full effect to the provisions of this Article of the Convention.

Article 20. Cooperation between management and workers and/or their representatives within the undertaking. The Committee notes that the Government’s report is silent on the issue provided for in this Article. It recalls that this Article requires that cooperation between management and workers and/or their representatives within the undertaking shall be an essential element of organizational and other measures taken in pursuance of Articles 16–19 of this Convention. The Committee requests the Government to supply further information on the measures adopted to give effect to the obligation of cooperation between management and workers within the undertaking in relation to OSH.

Part V of the report form. Application in practice. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in the country, including 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.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1, paragraphs 2 and 3, and Article 2, paragraphs 2 and 3, of the Convention. Exemptions to scope of application. The Committee notes the Occupational Safety and Health Decree 1978 (No. 54) covers all sectors including public employees except seafarers while at sea and domestic workers, and that section 3 of the Occupational Safety and Health Act 1989 provides that the Decree shall apply to all employees, including employees of the Government; to employers including the Government; and to all self-employed persons where the activities could put themselves or other persons at risk. The Committee requests the Government to provide further information on whether consultations have been held with representative organizations of employers and workers regarding the exemptions to the scope of application of relevant national legislation. The Committee also requests the Government to provide information on the reasons for these exclusions and any progress made towards a wider application.

Articles 4, 5, 11 and 15. National policy on occupational safety and health and implementing laws and regulations. The Committee notes the information that a draft national OSH policy is being considered at the highest levels of government and that this policy will cover all aspects of OSH. The Committee draws the Government’s attention to the fact that a national OSH policy pursuant to Article 4 of the Convention shall be formulated, implemented and periodically reviewed in consultation with the most representative organizations of employers and workers. They shall thus be involved in all stages of the national policy process including the review process which is essential in order to assess progress and keep up with changing needs in society as well as technical developments. In order to ensure coherence, all relevant parties with responsibilities in the various aspects of OSH should be involved in this process and, in accordance with Article 5, it should cover the five main spheres of action mentioned. The protection of workers exercising OSH functions is an important sphere of action as it provides them with the level of independence necessary to carry out their work without fear of undue consequences. 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, covering the main spheres of action referred to in Article 5, and to ensure the progressive development of the functions referred to in Article 11(a), (b), (e) and (f), and the institutional arrangement referred to in Article 15.

Article 12. Obligations of those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee notes that in this context the Government indicates that the competent authorities carry out investigation of workplace complaints and occupational accidents; provide support to industry safety and health committees, safety officers, and safety and health representatives; registration of all chemical, physical and biological agents and dangerous equipment; and appointment of health and safety representatives. The Committee requests the Government to provide further information on measures taken to ensure that full effect, in law and in practice, is given to this Article of the Convention.

Articles 13 and 19, subparagraph (f). Right to removal. The Committee notes that the referenced legislation is silent on the issues regulated in this Article. The Committee requests the Government to indicate how effect is given, in law and in practice, 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.

Article 17. Collaboration in complying with the requirements of the Convention when two or more enterprises engage in activities simultaneously at one workplace. The Committee notes that the report is silent on the effect given to this Article. 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, subparagraphs (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 Government indicates that workers are free to contact the Labour Inspection Section regarding anything in relation to OSH in workplaces and that workers are able to consult their employer on any issues regarding OSH measures or before they carry out work on any hazardous or dangerous machines. The Committee requests the Government to indicate the measures taken, in law and in practice, to give full effect to the provisions of this Article of the Convention.

Article 20. Cooperation between management and workers and/or their representatives within the undertaking. The Committee notes that the Government’s report is silent on the issue provided for in this Article. It recalls that this Article requires that cooperation between management and workers and/or their representatives within the undertaking shall be an essential element of organizational and other measures taken in pursuance of Articles 16–19 of this Convention. The Committee requests the Government to supply further information on the measures adopted to give effect to the obligation of cooperation between management and workers within the undertaking in relation to OSH.

Part V of the report form. Application in practice. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in the country, including 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.

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

Article 1, paragraphs 2 and 3, and Article 2, paragraphs 2 and 3, of the Convention. Exemptions to scope of application. The Committee notes the Occupational Safety and Health Decree 1978 (No. 54) covers all sectors including public employees except seafarers while at sea and domestic workers, and that section 3 of the Occupational Safety and Health Act 1989 provides that the Decree shall apply to all employees, including employees of the Government; to employers including the Government; and to all self-employed persons where the activities could put themselves or other persons at risk. The Committee requests the Government to provide further information on whether consultations have been held with representative organizations of employers and workers regarding the exemptions to the scope of application of relevant national legislation. The Committee also requests the Government to provide information on the reasons for these exclusions and any progress made towards a wider application.

Articles 4, 5, 11 and 15. National policy on occupational safety and health and implementing laws and regulations. The Committee notes the information that a draft national OSH policy is being considered at the highest levels of government and that this policy will cover all aspects of OSH. The Committee draws the Government’s attention to the fact that a national OSH policy pursuant to Article 4 of the Convention shall be formulated, implemented and periodically reviewed in consultation with the most representative organizations of employers and workers. They shall thus be involved in all stages of the national policy process including the review process which is essential in order to assess progress and keep up with changing needs in society as well as technical developments. In order to ensure coherence, all relevant parties with responsibilities in the various aspects of OSH should be involved in this process and, in accordance with Article 5, it should cover the five main spheres of action mentioned. The protection of workers exercising OSH functions is an important sphere of action as it provides them with the level of independence necessary to carry out their work without fear of undue consequences. 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, covering the main spheres of action referred to in Article 5, and to ensure the progressive development of the functions referred to in Article 11, paragraphs (a), (b), (e) and (f), and the institutional arrangement referred to in Article 15.

Article 12. Obligations of those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use.  The Committee notes that in this context the Government indicates that the competent authorities carry out investigation of workplace complaints and occupational accidents; provide support to industry safety and health committees, safety officers, and safety and health representatives; registration of all chemical, physical and biological agents and dangerous equipment; and appointment of health and safety representatives. The Committee requests the Government to provide further information on 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 this Article. The Committee requests the Government to indicate how effect is given, in law and in practice, 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.

Article 17. Collaboration in complying with the requirements of the Convention when two or more enterprises engage in activities simultaneously at one workplace. The Committee notes that the report is silent on the effect given to this Article. 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)–(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 Government indicates that workers are free to contact the Labour Inspection Section regarding anything in relation to OSH in workplaces and that workers are able to consult their employer on any issues regarding OSH measures or before they carry out work on any hazardous or dangerous machines. The Committee requests the Government to indicate the measures taken, in law and in practice, to give full effect to the provisions of this Article of the Convention.

Article 20. Cooperation between management and workers and/or their representatives within the undertaking. The Committee notes that the Government’s report is silent on the issue provided for in this Article. It recalls that this Article requires that cooperation between management and workers and/or their representatives within the undertaking shall be an essential element of organizational and other measures taken in pursuance of Articles 16–19 of this Convention. The Committee requests the Government to supply further information on the measures adopted to give effect to the obligation of cooperation between management and workers within the undertaking in relation to OSH.

Part V of the report form. Application in practice. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in the country, including 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.