Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Articles 1 and 2 of the Convention. Scope of application. Public employees. With regards to measures taken or envisaged to ensure that public employees benefit from the protection of the provisions of the Convention, the Committee notes with interest that the new Occupational Safety and Health Act No. 4 in 2024 (OSH Act 2024) covers employment relationships in both private and public sector, with the sole exclusion made to the Lesotho Defence Force, Lesotho Mounted Police Service, National Security Service and Lesotho Correctional Services. Furthermore, the Committee takes note of the National OSH Policy 2020 which covers all workers and employers in all sectors of the economy, including the public service. The Committee takes note of this information, which addresses its previous request.

Article 8. Regulations and OSH Directorate. The Committee notes that the OSH Act 2024 envisages the establishment of the OSH Directorate, a central authority that will oversee compliance and promote cooperation at the enterprise level between management, workers and their representatives. The Committee notes that according to the labour inspection reports for 2022–23 and 2023–24, future priorities include the establishment of the OSH Directorate and the development of OSH regulations that will focus on specific hazards and sectors. Taking note of the new legislative developments, the Committee requests the Government to indicate the progress made towards the establishment of the OSH Directorate and the adoption of the new OSH Regulations, and to provide copies once adopted.

Article 9. Enforcement and adequate penalties. The Committee notes that the OSH Act 2024 provides for fines and penalties for OSH violations of up to 50,000 Lesotho lotis (approximately US$ 2,850). The Committee notes with interest that this is a considerable increase from the penalties that were provided in the previous Labour Code, which has now been repealed. The Committee requests the Government to provide information on the application of the relevant provisions in practice, including the violations detected and the penalties imposed. Regarding the initiation or recommendation of prosecutions and their outcome, the Committee requests the Government to refer to its comments under the Labour Inspection Convention, 1947 (No. 81).

Article 11(c). Notification of occupational accidents and diseases. The Committee notes that the OSH Act 2024 provides for procedures for the notification of occupational accidents and diseases by employers. The Committee notes that the labour inspection reports for 2022–23 and 2023–24 do not include information on occupational diseases and only the labour inspection report for 2022–23 includes information on industrial accidents. The Committee notes that both labour inspection reports refer to the persisting issue of inadequate reporting system of occupational accidents. With regards tomeasures taken or envisaged to improve the notification of industrial accidents and cases of occupational diseases to the labour inspectorate, the Committee requests the Government to refer to its comments regarding the application of Article 14 of Convention No. 81.

Article 11(f). Introduction or extension of systems to examine chemical, physical and biological agents in respect of the risk to the health of workers. Noting the absence of information in this respect, the Committee requests the Government to provide information on how it ensures that the competent authority progressively carries out the function of introducing or extending systems to examine chemical, physical and biological agents in respect of the risk to the health of workers, taking into account national conditions and possibilities.

Article 14. Promotion of occupational safety and health in education. Following its previous comments, the Committee notes that the National OSH Policy 2020 refers to the importance of including lessons on OSH in curricula for primary and secondary schools, colleges and universities. It also notes that the OSH Act 2024 includes a series of provisions regarding the promotion of OSH education and training, including under the functions of the Director of OSH and a technical advisory committee. The Government indicates in its report that in the OSH Policy Implementation Plan it is envisaged to include the procedures of how to include OSH modules in educational curricula in order to promote of OSH at all levels of education. The Committee requests the Government to continue to provide information on the measures taken to include OSH issues at all levels of education and training, including through the OSH Policy Implementation Plan, once it has been adopted.

Article 19(c) and (e). Information and consultation at the level of the undertaking. The Committee notes that the OSH Act 2024 establishes a series of arrangements aiming at the provision of information to, and consultations with, workers and their representatives at the level of the undertaking. In this respect, it notes that section 6(3)(a) mandates the employer to consult with the workers when preparing and revising a written policy with respect to OSH. Sections 7(4) and 56 further provide that an employer shall, for safety and health measures, consult with a worker, individually or collectively, a safety and health representative and a safety and health committee if available. Regarding provisions ensuring that workers or their representatives are enabled to enquire into all aspects of OSH associated with their work, the Committee notes that section 30(9) of the OSH Act 2024 provides that a safety and health committee may request and obtain information relevant to its functions from an employer and section 33(2) provides that a safety and health representative may request and receive information concerning the safety or health of members of their workgroup. The Committee takes note of this information which addresses its previous request.

Article 21. No expenditure on OSH measures for workers. The Committee notes that, while section 34(1)(a) of the OSH Act 2024 provides that an employer shall not require or permit any payment from the workers in respect of any duty, function or right provided in the Act, section 34(1)(b) provides that an employer shall maintain and ensure proper use of personal protective equipment “at cost to workers”. The Committee recalls that the maintenance and proper use of personal protective equipment constitutes an OSH measure, and as such, according to Article 21 of the Convention, shall not involve any expenditure for the workers. The Committee requests the Government to provide a clarification in this respect and provide information on any measures taken to ensure that all OSH measures, including the maintenance and proper use of personal protective equipment, do not involve any expenditure for the workers.

In addition, the Committee recalls the pending comment regarding the technical OSH Convention ratified (the Safety and Health in Construction Convention, 1988 (No. 167)), adopted by the Committee in 2021, for which the Government will be requested to reply in 2027 in accordance with the reporting cycle.

Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Articles 13 and 19(f) of the Convention. Protection of workers removed from imminent and serious danger. Following its previous comments, the Committee notes the adoption of the new Occupational Safety and Health Act No. 4 of 2024 (OSH Act 2024). It notes with satisfaction that section 10(1) of the OSH Act 2024 gives workers a right to cease or refuse to carry out work if circumstances arise which appear, with reasonable justification, to pose a serious and imminent risk to their safety or health. At the same time, section 11 provides that an employer shall not alter the worker’s position to the detriment of the worker for the reason that they removed themselves from imminent and serious danger. The Committee takes note of this information, which addresses its previous request.

Article 17. Collaboration between two or more undertakings engaged in activities simultaneously at the same workplace. Following its previous request on this issue, the Committee notes with interest that section 55(1) of the OSH Act 2024 provides that where two or more employers within the same workplace engage at the same time in different work activities, each employer shall retain responsibility for discharging all the duties of an individual employer in relation to the workplace or the relevant part of that workplace and where necessary, collaborate for purposes of complying with this Act. The Committee takes note of this information, which addresses its previous request.

In addition, the Committee recalls the pending comment regarding the ratified technical OSH Convention (the Safety and Health in Construction Convention, 1988 (No. 167)), adopted by the Committee in 2021, for which the Government will be requested to reply in 2027 in accordance with the reporting cycle.

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

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

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 45 (underground work (women)), 155 (OSH) and 167 (safety and health in construction) together.

A. General provisions

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

Article 9(2). Adequate penalties. In its previous comment, the Committee noted the Government’s indication that employers who breach OSH provisions may be sentenced by the court to a fine of 600 Lesotho Loti (39 USD) or to imprisonment for three months, or both, in accordance with section 239 of the Labour Code. However, the Committee notes that, according to the Government, in the case of any OSH violations there are no prosecutions and the owner of the enterprise would be given a warning and would be instructed to rectify. The Committee requests the Government to take the necessary measures to ensure the provision of adequate penalties for OSH violations and their effective application. It also requests the Government to provide information on the application of the relevant provisions in practice, including the violations detected and the penalties imposed.

Article 11(d). Inquiries. The Committee notes the Government’s indication, in reply to its previous request, that when occurrences are designated as dangerous by the Labour Commissioner, they are subject to an inquiry. The Committee notes the “Incident Investigation Form” transmitted by the Government together with its report, which contains information on the company, the incident descriptions and/or injury information, the incident classification, the root causes, the recommended corrective actions to prevent future incidents and the summary of principal key learning from the incident. The Committee takes note of this information, which addresses its previous request.

Article 14. Promotion of occupational safety and health in education. Following its previous comment, the Committee notes the Government’s indication that, although there are no specific legislative provisions regarding the promotion of OSH at all levels of education, the Council of Higher Education has been made aware that OSH principles should be observed and incorporated in the manual of instructions of higher learning. The Government indicates that it hopes that the same sensitization and awareness-raising will be extended to other levels of education. The Committee requests the Government to continue to provide information on the measures taken in practice to include OSH issues at all levels of education and training.

Article 19(c) and (e). Information and consultation at the level of the undertaking. The Committee notes the Government’s indication in its report submitted under Convention No. 167, that section 93 (4) of the Labour Code provides that every employer shall consult employees’ representatives who sit on the safety and health committee, with a view to making and maintaining arrangements which will effectively promote measures of safety and health at work, and in checking the effectiveness of such measures. The Committee also notes the Government’s indication that the national OSH policy provides for workers to take part in hazard identification and risk assessment. The Committee requests the Government to indicate the provisions of national legislation ensuring that workers or their representatives and their representative organizations are enabled to enquire into all aspects of OSH associated with their work.

B. Protection in specific branches of activity

1. Underground Work (Women) Convention, 1935 (No. 45)

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism (SRM) Tripartite Working Group, classified Convention No. 45 as an outdated instrument, and has placed an item on the agenda of the International Labour Conference in 2024 (112th Session) for due regard to be given to its abrogation. The Governing Body also requested the Office to follow up with member States currently bound by Convention No. 45 to encourage the ratification of up-to-date instruments related to OSH, including but not limited to the Safety and Health in Mines Convention, 1995 (No. 176), and to undertake a campaign to promote the ratification of Convention No. 176. The Committee therefore encourages the Government to follow up on the Governing Body’s decision at its 334th Session (October–November 2018) approving the recommendations of the SRM Tripartite Working Group, and to consider ratifying the most up-to-date instruments in this subject area.

2. Safety and Health in Construction Convention, 1988 (No. 167)

Legislation. Following its previous comment, the Committee notes the Government’s indication that the national OSH policy adopted in 2020 will set the foundation for the enactment of the OSH Act, which will give effect to the principles provided by the Convention. The Committee further notes that the information provided by the Government responds to its previous request on the effect given to Articles 6, 10, 13, 14, 17(3) and 21 of the Convention. The Committee requests once again the Government to indicate how effect is given to Article 5 on technical standards and codes of practice; Article 8 on cooperation between two or more employers simultaneously undertaking activities at one construction site, and on cooperation duties of self-employed persons; Article 23(3) on safe and sufficient transport where work is done over or in close proximity to water; Article 27(b) on explosives not to be stored, transported, handled or used except by a competent person; Article 28(2)(a) on replacement of hazardous substances by harmless or less hazardous substances and disposal of waste; Article 31 on removal for medical attention. The Committee also refers to 2021 observation under Convention No. 155 regarding the adoption of the OSH Act.

Articles 1(3) and 7 of the Convention. Self-employed persons. The Committee notes the Government’s statement in its report, in reply to its previous request, that the new OSH Act, which the Government intends to adopt, will cover all workers and employers in all sectors of the economy and in all forms of employment relationships, including self-employed persons. Taking due note of this information, the Committee requests the Government to provide information on the developments in this respect.

Articles 11(d) and 12. Workers’ rights to report any situation presenting a risk and which they cannot properly deal with themselves and right to removal. The Committee notes that according to the Government, the national OSH policy includes the right of the workers to refuse to undertake any work that is not safe because of hazards existing before the commencement of the job. The Government indicates that the policy also provides for workers to take part in hazard identification and risk assessment. The Committee request the Government to take the necessary measures, in the context of the adoption of the OSH Act, in order to ensure that workers have the right to report to their immediate supervisor, and to the workers' safety representative where one exists, any situation which they believe could present a risk, and which they cannot properly deal with themselves. It also requests the Government to take measures to ensure that a worker shall have the right to remove himself from danger when he has good reason to believe that there is an imminent and serious danger to his safety or health.

Application of the Convention in practice. Following its previous comment, the Committee notes the statistical information provided by the Government on the number of occupational injuries with a breakdown by cause, nature and outcome of the accident for the period 2019–20. However, the Committee notes that the Government does not provide information on the number of workers covered by the legislation and the cases of occupational disease. The Committee requests the Government to continue to provide information on the manner in which the Convention is applied in practice, including on the number of workers covered by the legislation, the number, nature and cause of occupational disease and extracts from the reports of inspection services.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Articles 1 and 2 of the Convention. Scope of application. Public employees. The Committee notes the Government’s indication, in reply to its previous request, that the national occupational safety and health (OSH) policy adopted in 2020 will pave the way for the adoption of the OSH Act, which will ensure that public employees benefit from the protection of the provisions of the Convention. The Committee further notes the Government’s reference to section 138 of the Public Service Regulations, 2008, which provides that the Head of Department shall establish and maintain a safe and healthy work environment for public officers, and that a public officer shall not engage in any activity that threatens the safety of other public officers. Taking due note of this information, the Committee requests the Government to continue to provide information on the measures taken or envisaged to ensure that public employees benefit from the protection of the provisions of the Convention, as well as any progress made regarding the adoption of the envisaged OSH Act. It request the Government to provide a copy of the national OSH policy and the relevant legislation, once adopted.

Articles 13 and 19(f). Protection of workers removed from imminent and serious danger. Following its previous comment, the Committee notes the Government’s statement that the Labour Code Bill 2021 will give effect to these provisions of the Convention. The Committee also notes the Government’s indication in its report under Convention No. 167, that the national OSH policy includes the right of the workers to refuse to undertake any work that is not safe because of hazards existing before the commencement of the job. The Committee requests the Government to provide information on any progress made towards the amendment to the Labour Code and to provide a copy of the relevant legislation as soon as it has been adopted, indicating the specific provisions giving effect to these Articles of the Convention.

Article 17. Collaboration between two or more undertakings engaged in activities simultaneously at the same workplace. The Committee notes the Government’s reference, in reply to its previous request, to section 25 of the Workmen’s Compensation Act of 1977, which concerns liability in case of workers employed by contractors. However, the Committee observes that Article 17 of the Convention refers to a situation where two or more undertakings are engaged in activities simultaneously at one workplace and collaboration is required in applying the requirements of the Convention. The Committee requests once again the Government to take measures to ensure in law and in practice that whenever two or more undertakings engage in activities simultaneously at one workplace, they collaborate in applying the provisions regarding OSH and the working environment.

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

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

Article 9(2) of the Convention. Adequate penalties. The Committee notes the Government’s reference, in reply to its previous request, to section 293 of the Labour Code, which provides that any person convicted of an offence under the Labour Code for which no specific penalty has been provided shall be liable to a fine of 600 Lesotho Loti or to imprisonment for three months, or both. The Government indicates that employers who breach OSH provisions may be sentenced by the court to such a penalty, and it refers to two cases where employers were subject to a fine for contravening section 93 of the Labour Code (concerning the duties of employers relating to OSH). The Committee requests the Government to continue providing information on the application of penalties for violations relating to OSH, including information on the number and nature of the penalties imposed, as well as the violations to which they relate.

Article 11(d). Inquiries. The Committee notes the Government’s reference, in reply to its previous request, to section 101(2) of the Labour Code, which provides that the Labour Commissioner may, by notice in the Gazette, specify an occurrence to be a dangerous occurrence. Recalling that Article 11(d) requires the holding of inquiries where cases of occupational accidents and occupational diseases appear to reflect situations which are serious, the Committee requests the Government to provide information on whether occurrences designated by the Labour Commissioner as dangerous occurrences are subject to an inquiry.

Article 14. Promotion of occupational safety and health in education. Noting the Government’s indication that there are no specific legislative provisions regarding the promotion of OSH at all levels of education, the Committee requests the Government to provide information on the measures taken in practice to include OSH issues at all levels of education and training.

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

Articles 1 and 2 of the Convention. Scope of application. Public employees. The Committee notes the Government’s statement, in reply to its previous request, that there is no legislation ensuring that the measures of protection required under the Convention apply to public employees, as such employees are excluded from the application of the Labour Code. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that public employees benefit from the protection of the provisions of the Convention.

Articles 13 and 19(f). Protection of workers removed from imminent and serious danger. The Committee notes the Government’s reference, in reply to its previous request, to section 66(2) of the Labour Code which concerns protection against unfair dismissal. The Committee observes that this section does not give effect to the provisions of the Convention. It notes in particular that section 66(3) of the Labour Code lists the invalid grounds for dismissal, but it does not cover specifically the situation described in Article 13 of the Convention. In this regard it recalls that the protection foreseen in Article 13 of the Convention refers to the protection of workers from undue consequences where they have removed themselves from a situation they believe presents an imminent and serious danger to their life or health, and that Article 19(f) of the Convention provides that an employer cannot require the worker to return to a work situation where there is continuing imminent and serious danger to life or health. The Committee urges the Government to take the necessary measures to give effect to these Articles of the Convention, and to provide information in this respect.

Article 17. Collaboration between two or more undertakings engaged in activities simultaneously at the same workplace. The Committee notes the Government’s indication, in reply to its previous request, that there are no specific provisions in the Labour Code giving effect to Article 17 of the Convention. The Committee requests the Government to take measures to ensure in law or in practice that whenever two or more undertakings engage in activities simultaneously at one workplace they shall collaborate in applying the provisions regarding OSH and the working environment.

Article 19(c) and (e). Information and consultation at the level of the undertaking. Noting the Government’s indication that the Labour Code does not contain provisions giving effect to Article 19(c) and (e), the Committee requests the Government to take measures to ensure that there are arrangements at the level of the undertaking under which representatives of workers in an undertaking are given adequate information on measures taken to secure OSH 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.

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

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

Legislation. Further to its previous comment in which it noted that the review and amendment of the Labour Code Order No. 24 (1992) and the Labour Code (Construction Safety) Regulations (2002) was not yet completed, the Committee takes note of the Government’s indication that it has initiated a new labour law review process in 2014. In this regard, the Government specifies that provisions pertaining to occupational safety and health (OSH) will be included in a separate piece of legislation (OSH Act). It adds that the process is still at its initial stage as the social partners requested to be able to consult first with their constituencies. The Government also indicates that these consultations should take into account the issues previously raised by the Committee with a view to addressing them. While duly noting these developments, the Committee wishes to emphasize that the indication that new legislation is being prepared does not release the Government from its obligation to give effect to the Convention pending the adoption of the new legislation, and to provide information to the Committee in this respect, to enable it to have the necessary overview of the current application of the Convention. Therefore, the Committee requests the Government to indicate how effect in law and practice is currently given to Articles 1(3), 7 and 8 of the Convention, including in relation to self-employed workers; Article 5 on practical application through technical standards and codes of practice; Articles 6 and 10 on cooperation between employers and workers; Article 8 on two or more employers undertaking activities simultaneously at one construction site; Article 11 on workers’ rights to report any situation presenting a risk and which they cannot properly deal with themselves; Article 12 on the right to removal; Article 13 on safety at workplaces; Article 14 on scaffolds and ladders; Article 17(3) on pressure plant and equipment; Article 21 on work in compressed air; Articles 23 and 31 on work over water and first aid; Article 27 on explosives; and Article 28 on health hazards. The Committee also requests the Government to provide information on any progress made towards the adoption of the OSH Act and to provide a copy of the relevant legislation as soon as it has been adopted, indicating the specific provisions which give effect to the Convention.

Application of the Convention in practice. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in practice, including detailed information on the number of workers covered by the legislation, the number, nature and cause of occupational accidents and cases of occupational disease and extracts from the reports of inspection services.

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

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 comments.

Repetition

The Committee notes the information provided in the Government’s latest report, including a copy of the occupational health profile. The Government indicates that amendments to national legislation, referred to in its previous reports, have not yet been adopted. Further to its comments to the Government under the Safety and Health in Construction Convention, 1988 (No. 167), the Committee asks the Government to indicate the specific provisions that give effect to Article 11(d) of the Convention on the holding of inquires; Articles 13 and 19(f) on protection of workers removed from situations presenting imminent and serious danger; Article 14 on occupational safety and health at all levels of education; Article 17 on cooperation between two or more employers at the same workplace; and Article 19(c) and (e) on the role and functions of workers’ representatives at the level of the undertaking.

Articles 1 and 2 of the Convention. Scope of application. Public employees. The Committee notes that the Government’s response has referred to some provisions in the Public Service Regulations, 2008, which address some of the aspects of health and safety for public employees. The Committee asks the Government to provide a copy of the Public Service Regulations, 2008 and to indicate whether national legislation ensures that all the measures of protection required under the Convention apply to public employees.

Article 9(2). Adequate penalties for violations of the law. The Committee notes that the information provided by the Government listing the activities undertaken by occupational safety and health (OSH) inspectors covers the monitoring of OSH legislation but does not appear to provide for compliance with such legislation. The Committee further notes the information provided by the Government in its report on the Labour Inspection Convention, 1947 (No. 81). This information indicates that the revision of penalties undertaken as part of the review of the Labour Code has not been adopted and that the intention was to do so in 2010. The Committee asks the Government to provide information on the application of Article 9(2) of the Convention in law and in practice, and to provide examples of penalties imposed on employers who breach occupational safety and health legislation.

Part V of the report form. Application in practice and labour inspection. The Committee notes the comprehensive information on labour inspection and application of the Convention in practice submitted by the Government, including statistical data on the number of workplace accidents, disaggregated by gender, sector and type of accident. The Committee notes that the Government has indicated that there is a lack of recording and reporting of injuries and fatalities occurring in the workplace and that only serious injuries are being reported. The Committee further notes the high number of workplace accidents (36.8 per cent), and the significant occurrence of musculoskeletal, skin and respiratory disorders, in the textile industry. The Committee asks the Government to provide information on measures taken or envisaged to improve the collection of statistical data related to occupational accidents and diseases and to address the high number of occupational accidents and diseases occurring in the textile industry.

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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

The Committee notes the information provided in the Government’s latest report, including a copy of the occupational health profile. The Government indicates that amendments to national legislation, referred to in its previous reports, have not yet been adopted. Further to its comments to the Government under the Safety and Health in Construction Convention, 1988 (No. 167), the Committee asks the Government to indicate the specific provisions that give effect to Article 11(d) of the Convention on the holding of inquires; Articles 13 and 19(f) on protection of workers removed from situations presenting imminent and serious danger; Article 14 on occupational safety and health at all levels of education; Article 17 on cooperation between two or more employers at the same workplace; and Article 19(c) and (e) on the role and functions of workers’ representatives at the level of the undertaking.

Articles 1 and 2 of the Convention. Scope of application. Public employees. The Committee notes that the Government’s response has referred to some provisions in the Public Service Regulations, 2008, which address some of the aspects of health and safety for public employees. The Committee asks the Government to provide a copy of the Public Service Regulations, 2008 and to indicate whether national legislation ensures that all the measures of protection required under the Convention apply to public employees.

Article 9(2). Adequate penalties for violations of the law. The Committee notes that the information provided by the Government listing the activities undertaken by occupational safety and health (OSH) inspectors covers the monitoring of OSH legislation but does not appear to provide for compliance with such legislation. The Committee further notes the information provided by the Government in its report on the Labour Inspection Convention, 1947 (No. 81). This information indicates that the revision of penalties undertaken as part of the review of the Labour Code has not been adopted and that the intention is to do so in 2010. The Committee asks the Government to provide information on the application of Article 9(2) of the Convention in law and in practice, and to provide examples of penalties imposed on employers who breach occupational safety and health legislation.

Part V of the report form. Application in practice and labour inspection. The Committee notes the comprehensive information on labour inspection and application of the Convention in practice submitted by the Government, including statistical data on the number of workplace accidents, disaggregated by gender, sector and type of accident. The Committee notes that the Government has indicated that there is a lack of recording and reporting of injuries and fatalities occurring in the workplace and that only serious injuries are being reported. The Committee further notes the high number of workplace accidents (36.8 per cent), and the significant occurrence of musculoskeletal, skin and respiratory disorders, in the textile industry. The Committee asks the Government to provide information on measures taken or envisaged to improve the collection of statistical data related to occupational accidents and diseases and to address the high number of occupational accidents and diseases occurring in the textile industry.

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

The Committee notes that the Government has not yet adopted its proposed amendments to the Labour Code Order No. 24 (1992) nor reviewed the Labour Code (Construction Safety) Regulations (2002). The Committee previously noted that this draft legislation appeared to give effect to a number of the provisions of the Convention and that the National Advisory Committee on Occupational Safety and Health (NACOSH) intended to address a number of other issues that the Committee had raised in previous comments. The Committee hopes that such amendments will be adopted soon and asks the Government to provide a copy of the relevant legislation once adopted, indicating the specific provisions that give effect to Articles 1(3), 7 and 8 of the Convention on self-employed workers; Article 5 on practical application through technical standards and codes of practice; Articles 6 and 10 on cooperation between employers and workers; Article 8 on two or more employers undertaking activities simultaneously at one construction site; Article 11 on workers’ rights to report any situation presenting a risk and which they cannot properly deal with themselves; Article 12 on the right to removal; Article 13 on safety at workplaces; Article 14 on scaffolds and ladders; Article 17(3) on pressure plant and equipment; Article 21 on work in compressed air; Articles 23 and 31 on work over water and first aid; Article 27 on explosives; and Article 28 on health hazards.

Part VI of the report form. Application in practice and labour inspection. The Committee notes the comprehensive information on labour inspection and application of the Convention in practice submitted by the Government in its report on the Occupational Safety and Health Convention, 1981 (No. 155). The Committee asks the Government to provide information on measures taken to address the high number of accidents recorded in the construction sector, and to continue to provide information on the application of this Convention in practice.

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

The Committee notes the responses provided by the Government in its latest report, including information on further effect given to Article 13 of the Convention. The Committee notes with interest the ongoing efforts by the Government to bring national law and practice in line with the provisions of the Convention. It notes that the Government intends, inter alia, through a proposed revision of the Labour Code, to give effect to Articles 1(3), 5, 7 and 11, and that the National Advisory Committee on Occupational Safety and Health (NACOSH) will address a number of other issues raised by the Committee in its comments. The Committee asks the Government to keep it informed of any results of its efforts to give effect to the Convention and to provide copies of any legislative amendments as soon as they have been adopted.

Articles 6 and 10. Cooperation between employers and workers, and the right and duty of workers to participate in ensuring safe working conditions. The Committee notes the information provided by the Government indicating that the formulation of a safety policy at a workplace is undertaken by the employers in consultation with workers. The Committee asks the Government to indicate the specific provisions which provide for cooperation between employers and workers in an undertaking and to provide information on measures taken or envisaged to ensure that workers have both a right and a duty to participate in ensuring safe working conditions, to the extent of their control over equipment and methods of work, and to express views on the working procedures.

Article 28. Replacing of hazardous substances by harmless or less hazardous substances and disposal of waste. The Committee notes the Government’s reference to the Labour Code (Chemical Safety) Regulations 2003, with regard to the requirement of an employer who manufactures, supplies, imports or distributes chemical substances which constitute danger to, or in any other way affects, the health and safety of the workers, to notify the competent authority. The Committee reiterates its request that the Government provide information in its next report on measures taken or envisaged to replace hazardous substances by harmless or less hazardous substances wherever possible and measures taken with respect to the disposal of waste.

Part VI of the report form. Labour inspection and application in practice. The Committee notes that the Government has not included information in its latest report on the application of the Convention in practice. The Committee reiterates its request that the Government provide detailed information in its next report on the number of inspections carried out, their findings and the measures taken; and to provide a general appreciation of the manner in which the Convention is applied in the country including statistics, if available, of the number of workers covered by the Convention, disaggregated by sex, and the number of accidents and diseases reported in the construction sector.

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:

The Committee notes the Government’s latest report, including information that no legislative changes had been adopted, which had had an impact on the application of the Convention which thus continues to be fully applied. The Committee notes with interest the appended report on an inspection conducted at Letseng Mining from 2 to 4 August 2005, which concluded that, at that mine, the management and the human resources, as well as safety and health departments, were fully aware of their obligations and duties and of workers’ rights, and that the mine has in place a comprehensive occupational safety and health management system for managing occupational risks involved, which included significant exposure to noise, low temperature and rock dust. The Committee requests the Government to continue to submit information, in accordance with Part V of the report form concerning the practical application of the Convention, including all available statistical data.

The Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that, with respect to underground work, the States parties to Convention No. 45 should be invited to contemplate ratifying the Safety and Health in Mines Convention, 1995 (No. 176), and possibly denouncing Convention No. 45, even though the latter instrument has not been formally revised (see GB.283/LILS/WP/PRS/1/2, paragraph 13). Contrary to the old approach based on the outright prohibition of underground work for all female workers, modern standards focus on risk assessment and risk management and provide for sufficient preventive and protective measures for mineworkers, irrespective of gender, whether employed in surface or underground sites. As the Committee has noted in its 2001 General Survey on night work of women in industry in relation to Conventions Nos 4, 41 and 89, “the question of devising measures that aim at protecting women generally because of their gender (as distinct from those aimed at protecting women’s reproductive and infant nursing roles) has always been and continues to be controversial” (paragraph 186).

In the light of the foregoing observations, and also considering that the present trend is no doubt to remove all gender-specific restrictions on underground work, the Committee invites the Government to give favourable consideration to the ratification of the Safety and Health in Mines Convention, 1995 (No. 176), which shifts the emphasis from a specific category of workers to the safety and health protection of all mineworkers, and possibly also to the denunciation of Convention No. 45.

The Committee recalls that, according to established practice, the Convention will be next open to denunciation during a one-year period from 30 May 2017 to 30 May 2018. The Committee requests the Government to keep it informed of any decisions taken in this regard.

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

Articles 1 and 2 of the Convention. Scope of application – public employees. The Committee notes the Government’s statement that while relevant national legislation does not currently address the safety and health of public employees in all aspects, this will be brought to the attention of the relevant authorities for appropriate action. The Committee requests that the Government report on measures taken in law and in practice to ensure that workers in the public sector are also covered under relevant national legislation.

Articles 4, 5 and 7. National policy. The Committee notes the Government’s statement that a draft national occupational safety and health profile is being developed in consultation with representatives of workers and employers as a preliminary step towards creating a national policy on occupational safety and health. The Committee welcomes this development and in this context invites the Government to seek guidance from paragraphs 53–78 of the 2009 General Survey on Occupational Safety and Health. The Committee hopes the Government will soon adopt a national policy, taking due account of the provisions of the Convention including Articles 4, 5 and 7, and requests the Government to submit a copy thereof once adopted.

Articles 13 and 19(f). Protection of workers removed from situations presenting imminent and serious danger. The Committee notes and welcomes the Government’s stated intention to regulate the subject matter covered in Articles 13 and 19(f) of the Convention. With reference to the information provided concerning section 94(d) of the draft amended Labour Code Order No. 24 of 1992, the Committee invites the Government to also seek guidance in this respect from the abovementioned General Survey. In particular, see paragraphs 73 and 145–152. The Committee hopes that the Government will soon take all relevant measures to ensure compliance, in law and in practice, with Articles 13 and 19(f) of the Convention and requests it to submit copies of relevant legislation once adopted.

Article 19(c) and (e). Role and functions of workers’ representatives at the level of the undertaking. The Committee welcomes the stated intention by the Government to regulate this subject matter in the draft amended Labour Code Order No. 24 of 1992. With reference to the information provided regarding section 93(e) of this draft, the Committee invites the Government to seek guidance on this from the abovementioned General Survey, in particular, see paragraphs 199 and 202–203. The Committee hopes that the Government will soon take all relevant measures to ensure compliance, in law and in practice, with Article 19(c) and (e) and requests it to submit copies of relevant legislation once adopted.

Article 8. National legislation. With reference to its previous comments, the Committee notes that the Government’s report is silent as to measures taken to ensure compliance with Article 11(d), holding of inquires; Article 14, occupational safety and health at all levels of education; and Article 17, cooperation between two or more employers at the same workplace. The Committee reiterates its request to the Government to provide information in its next report on the measures taken or envisaged to ensure compliance, in law and in practice, with these Articles of the Convention.

Part V of the report form. Application in practice. Article 9. Labour inspection. The Committee notes the detailed information regarding the national labour inspection system including information on its objectives, achievements and challenges. It also notes the statistical information provided regarding reported accidents and fatalities, and the industries in which such accidents occurred. While the data seem to indicate a marked increase in the number of reported accidents as of 2004, the Committee notes the Government’s explanation that this increase most probably reflects the results of campaigns to increase accident reporting carried out in 2003. The Committee welcomes the efforts to increase the efficiency of the reporting mechanisms. The Committee requests the Government to continue to provide information on the functioning of the labour inspection system and efforts to improve it; the campaigns referred to and their outcome; statistical data including information on occupational diseases; and information on measures taken to lower the number of occupational accidents and diseases in the country.

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

1. Further to its observation, the Committee requests the Government to provide additional information on the following points.

2. Articles 1 (paragraph 3), 7 and 8 of the Convention. Self-employed workers. The Committee notes that the Labour Code Order, 1992 is only applicable to the private sector. It also notes the Government’s indication that the Labour Code (Construction Safety) Regulations would include provisions with respect to self-employed workers. However, noting that self-employed workers are not mentioned in the Regulations, the Committee asks the Government to take the necessary steps to ensure that self-employed workers are included in the scope of application of the legislation, that they have a duty to comply with health and safety prescriptions at the workplace and that they are obliged to cooperate whenever more than two employers undertake activities simultaneously at one construction site. It asks the Government to provide information in this respect in its next report.

3. Article 5. Technical standards and codes of practice. The Committee notes the Government’s statement that no code of practice has been adopted with respect to occupational safety and health in construction work. It requests the Government to provide information in its next report on measures taken or envisaged to ensure that effect is given to the provisions of laws and regulations ensuring the safety and health of workers in the construction sector. It also asks the Government to indicate how the standards adopted by recognized international organizations in the field of standardization are taken into account, as required by this Article of the Convention.

4. Articles 6 and 10. Cooperation between employers and workers. The Committee notes that section 98 of the Labour Code provides that cooperation between employers and workers is ensured through the establishment of safety and health committees for employers employing 15 persons or more. The Committee also notes that section 98(2) provides that when the Labour Commissioner considers it necessary, by reason of the dangerous nature of the plant, process or substances used by an employer of fewer than 15 persons, he/she may, in writing, direct an employer to establish a safety and health committee. The Committee requests the Government to provide information in its next report on how this cooperation is carried out in enterprises with less than 15 workers and where the Labour Commissioner has not established a safety and health committee. It also asks the Government to provide information on how it is ensured that workers have both a right and a duty to participate in ensuring safe working conditions to the extent of their control over equipment and methods of work and to express views on the working procedures adopted as they may affect safety and health.

5. Article 8. Two or more employers undertaking activities simultaneously at one construction site. The Committee notes the Government’s statement that there is no regulation ensuring the coordination of prescribed safety and health measures where two or more employers undertake activities simultaneously at one construction site. The Committee asks the Government to take the necessary steps to ensure the coordination of safety and health measures when two or more employers undertake activities simultaneously at one construction site, in accordance with the Convention and asks the Government to provide information in this respect in its next report.

6. Article 11. Workers’ right to report any situation presenting a risk and which they cannot properly deal with themselves. The Committee notes that section 94 of the Labour Code regulates workers’ obligation to cooperate with their employer, to take reasonable care for their own safety and that of other persons who may be affected by their acts or omissions at work, to wear any protective equipment or clothing, to report to the employer any loss, destruction or other defect in the protective equipment or clothing and not to smoke at the place of work, except at specific areas demarcated for that purpose. The Committee notes however that there is no provision concerning the right of workers to report to the employer or supervisor and to the safety representative (if any) any situation which they believe could present a risk, and which they cannot properly deal with themselves. The Committee asks the Government to take the necessary steps to ensure the workers’ right to report any situation they believe could present a risk and which they cannot properly deal with themselves, in accordance with the Convention and asks the Government to provide information in this respect in its next report.

7. Article 12. Right to removal. The Committee notes the Government’s statement that the Labour Code (Construction Safety) Regulations would contain a rule concerning workers’ right to removal if he/she has reasonable cause to believe that there is an imminent or serious danger to his/her safety. However, noting that there is no such provision and that there is no provision ensuring that the employer shall take immediate steps to stop the operation and evacuate workers as appropriate, the Committee asks the Government to take the necessary steps to ensure the workers’ right to remove themselves when they believe there is an imminent danger and also to ensure that the employer takes immediate steps to stop the operation and evacuate workers as appropriate. The Government is requested to provide information in this respect in its next report.

8. Article 13. Safety at workplaces. The Committee notes that the Labour Code (Construction Safety) Regulations provide in great detail for safe workplaces, such as: demolition, scaffolding and gantries, hoardings and barricades, working on lifts, form-work or false-work, electrical work, excavation and tunnelling work and that Schedule 6 of the Labour Code provides for safe means of access and a safe place of employment (sections 1 and 2). However, it notes that there is no provision concerning the obligation to take all appropriate precautions to protect persons present at or in the vicinity of a construction site from all risks that may arise from such site, in accordance with Article 13, paragraph 3. The Committee asks the Government to take the necessary steps to ensure that appropriate precautions are taken to protect persons present at or in the vicinity of a construction site from all risks that may arise from such site and to provide information in this respect in its next report.

9. Article 14. Scaffolds and ladders. The Committee notes that the Labour Code provides for the use of safe and suitable scaffolds and the use of ladders and that section 18 of the Labour Code (Construction Safety) Regulations stipulates that the removal or alteration of any part of scaffolding on any construction site shall not be done without the authority of a competent person. In addition, the first schedule to the Regulations provides for how scaffolding shall be erected. It notes however that there is no provision requiring a competent person to inspect scaffolds. The Committee requests the Government to take the necessary steps in law and practice to ensure that a competent person inspects scaffolds in accordance with the Convention and asks the Government to provide information in this respect in its next report.

10. Article 17, paragraph 3. Pressure plant and equipment. The Committee notes the Government’s statement that there is no legal provision governing the examination and testing of pressure plant and equipment. The Committee requests the Government to take the necessary steps in law and practice to ensure the examination and testing by a competent person of pressure plant and equipment in accordance with the Convention. It asks the Government to provide information in this respect in its next report.

11. Article 21. Work in compressed air. The Committee notes the indication of the Government that the Labour Code (Construction Safety) Regulations, 2002 do not prescribe the medical examinations to establish the physical aptitude of workers working in compressed air. It recalls that the Government had in its previous report indicated that work in compressed air is not undertaken in the country. The Committee therefore requests the Government to clarify whether work in compressed air is undertaken in the country and, if so, to indicate the measures taken or envisaged to give effect to Article 21 of the Convention.

12. Articles 23 and 31. Work over water and first aid. The Committee notes that section 94 of the Labour Code (Construction Safety) Regulations provides that when there is water in or near a construction site to a depth greater that 2.5 metres that gives rise to risk of injury or drowning, the employer shall provide life jackets or a lifebuoy and line that are maintained ready for use. The lifebuoy and line shall be of approved type and shall be placed in a readily accessible position. The Committee also notes that section 93(5) of the Labour Code states that employers shall at their own expense furnish and maintain at the place of employment equipment and facilities for the rendering of first aid to her/his employees according to such scale as the Minister may by regulation require for employers of the particular class or of the particular industry to which the employer belongs. The Committee recalls that Article 23, subparagraph (c), of the Convention requires adequate provision for safe and sufficient transport to be made when work is done over or in close proximity to water and Article 31 requires arrangements to be made for ensuring the removal for medical attention of workers who have suffered an accident or sudden illness. The Committee asks the Government to provide information in its next report on measures taken or envisaged to ensure the removal for medical attention of a worker who has suffered an accident or sudden illness, in accordance with Articles 23, subparagraph (c), and 31.

13. Article 27. Explosives. The Committee notes there is no legislative provision ensuring that a competent person shall take such steps as necessary to ensure that workers and other persons are not exposed to the risk of injury from explosives. It requests the Government to provide information on the measures taken in law and practice to ensure application of this provision, in its next report.

14. Article 28. Health hazards. The Committee notes that section 95 of the Labour Code requires manufacturers, importers or suppliers of any substance for use at work to take such steps as are necessary to ensure that users are provided with adequate information about any risk to health and any conditions necessary to ensure that the substance will be safe and without risks to health. Section 105 of the Labour Code stipulates that, workers who may, during the course of work, handle or use any toxic substance, shall be fully instructed as to the risks associated with the toxic substance and the necessary precautionary measures to be observed for protection against such risks. Section 109 of the Labour Code states that, where any process carried out at a place of work or where the nature of the worker’s employment, or any substance used therein is likely to cause a person bodily injury, or impairment of health and the occurrences cannot be prevented by other means, such worker shall be provided with appropriate personal protective equipment or clothing. The Committee asks the Government to provide information in its next report on measures taken or envisaged to replace hazardous substances by harmless or less hazardous substances wherever possible and measures taken with respect to the disposal of waste.

15. Part VI of the report form. Labour inspection. The Committee notes that the Occupational Safety and Health Inspectorate carries out inspection of all construction sites and that it compiles statistical information and investigates serious accidents. It requests the Government to provide detailed information in its next report on the number of inspections carried out, their findings and the measures taken. The Committee notes that 39 disabling accidents in the building and construction industry were reported to the labour department in the year 2004 and that between January and October 2005, 22 such accidents were reported. It also notes that the majority of the accidents were caused by falls from heights. The Committee requests the Government to indicate the measures taken to prevent the occurrence of such accidents. It also requests the Government to continue to provide a general appreciation of the manner in which the Convention is applied in the country including statistics, if available, of the number of workers covered by the Convention, disaggregated by sex, and the number of accidents and diseases reported in the construction sector.

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

1. The Committee notes the Government’s latest report, including information that no legislative changes had been adopted, which had had an impact on the application of the Convention which thus continues to be fully applied. The Committee notes with interest the appended report on an inspection conducted at Letseng Mining from 2 to 4 August 2005, which concluded that, at that mine, the management and the human resources, as well as safety and health departments, were fully aware of their obligations and duties and of workers’ rights, and that the mine has in place a comprehensive occupational safety and health management system for managing occupational risks involved, which included significant exposure to noise, low temperature and rock dust. The Committee requests the Government to continue to submit information, in accordance with Part V of the report form concerning the practical application of the Convention, including all available statistical data.

2. The Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that, with respect to underground work, the States parties to Convention No. 45 should be invited to contemplate ratifying the Safety and Health in Mines Convention, 1995 (No. 176), and possibly denouncing Convention No. 45, even though the latter instrument has not been formally revised (see GB.283/LILS/WP/PRS/1/2, paragraph 13). Contrary to the old approach based on the outright prohibition of underground work for all female workers, modern standards focus on risk assessment and risk management and provide for sufficient preventive and protective measures for mineworkers, irrespective of gender, whether employed in surface or underground sites. As the Committee has noted in its 2001 General Survey on night work of women in industry in relation to Conventions Nos. 4, 41 and 89, "the question of devising measures that aim at protecting women generally because of their gender (as distinct from those aimed at protecting women’s reproductive and infant nursing roles) has always been and continues to be controversial" (paragraph 186).

3. In the light of the foregoing observations, and also considering that the present trend is no doubt to remove all gender-specific restrictions on underground work, the Committee invites the Government to give favourable consideration to the ratification of the Safety and Health in Mines Convention, 1995 (No. 176), which shifts the emphasis from a specific category of workers to the safety and health protection of all mineworkers, and possibly also to the denunciation of Convention No. 45. In this respect, the Committee recalls that, according to established practice, the Convention will be next open to denunciation during a one-year period from 30 May 2007 to 30 May 2008. The Committee requests the Government to keep it informed of any decisions taken in this regard.

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

1. The Committee notes the information contained in the Government’s first report.

2. Articles 1 and 2 of the Convention. Scope of application. The Committee notes that section 92 of the Labour Code Order, 1992, provides that the occupational safety and health regulations (Part VII of the Order) is not applicable to mining activities that are covered by the Mine Safety Act, 1981. It also notes that under section 2(1) of the Labour Code Order it is only applicable to employment in the private sector. In this respect, it refers the Government to Articles 1, paragraph 1, and 3 of the Convention, which provide that the Convention covers all branches in which workers are employed, including the public service. The Committee requests the Government to provide information with its next report on the reasons for not including the public sector, whether consultations were held with representative organizations of employers and workers on this issue and on measures taken or envisaged to ensure adequate protection for workers in the public sector, in accordance with the Convention.

3. Articles 4, 5 and 7. National policy. The Committee notes that the National Advisory Council for Occupational Safety and Health (NACOSH), established under section 46 of the Labour Code Order, is the statutory tripartite body with the task of formulating, implementing and periodically reviewing the national policy. It notes with interest the Government’s statement that while it has not yet adopted any written national policy NACOSH has recently adopted, in consultation with employers’ and workers’ organizations, a recommendation to formulate a coherent national policy based on Conventions Nos. 155 and 167. The Committee hopes that the Government will soon be able to supply a copy of the national occupational safety and health policy giving effect to the Convention, taking into account the main spheres enumerated in Article 5. It also asks the Government to provide information with respect to the revision at appropriate intervals of the national policy, in accordance with Article 7.

4. Article 8. National legislation. The Committee notes the Government’s statement that while current national legislation does not ensure the full application of the Convention at present, the legal framework is being revised. The Committee welcomes this and hopes that the new legislation will ensure application of all aspects of the Convention, including in particular the provisions that it is ensured that workers have the right to leave their workplace or a danger zone when they have reasonable justification to believe presents an imminent and serious danger to her/his life without any undue consequences in accordance with Article 13, that employers cannot require workers to return to a work situation where there is continuing imminent and serious danger to life and health (Article 19, paragraph (f)) and that inquiries are held where cases of occupational accidents, diseases or any other injuries to health reflecting situations that are serious (Article 11, paragraph (d)). The Committee also hopes that it will be ensured that occupational safety and health issues are included at all levels of education and training (Article 14) and that employers carrying out work in the same workplace have a legal obligation to cooperate in order to apply the requirements of the Convention (Article 17). The Committee further hopes that arrangements will be made in the undertakings ensuring that workers are given adequate information by the employer (Article 19, paragraph (c)) and that workers or their representatives are able to inquire and are consulted by the employer on all aspects of OSH (Article 19, paragraph (e)). It requests the Government to provide information with its next report on the measures taken or envisaged to amend the existing legislation and to provide copies of proposed and/or enacted laws.

5. Article 9 and Part V of the report form. Labour inspection. The Committee notes the Government’s statement that enforcement of OSH laws and regulations is ensured by specialized occupational safety and health inspectors. It also notes that labour inspectors provide guidance to employers and workers, in accordance with Article 10. The Committee asks the Government to provide detailed information with its next report on activities carried out by the labour inspection to ensure the application of occupational safety and health and the working environment, including extracts from inspection reports, the number of workers covered by the legislation and the number and nature of contraventions reported. In this respect, the Committee notes that statistical information on occupational accidents, diseases and other injuries to health is published in the annual report of the Directorate of Occupational Safety and Health and asks the Government to provide a copy with its next report of the latest annual report.

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

1. The Committee notes the information contained in the Government’s first report and the attached legislation.

2. The Committee notes that the Labour Code Order, 1992, contains the general occupational safety and health rules for construction work and notes with interest the adoption, under section 100 of the Labour Code, of the Labour Code (Construction Safety) Regulations 2002 (Legal Notification No. 145 of 2002). It notes with satisfaction that these are applicable to all workplaces in which construction or demolition activities are carried out (section 2) and, in particular, that it ensures the full application of Articles 2, 9, 13, 15, 16, 18, 19, 20, 22, 24, 25, 26, 29, 30, 32, 33 and 35 of the Convention.

3. The Committee is raising certain other points in a request addressed directly to the Government.

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

The Committee has noted the information provided by the Government in its report. The Committee notes with satisfaction the provisions of section 132 of the new Labour Code which puts into effect the requirements of the Convention.

The Committee requests the Government to keep it fully informed on the practical application of the Convention.