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

Guyana

Radiation Protection Convention, 1960 (No. 115) (Ratification: 1966)
Benzene Convention, 1971 (No. 136) (Ratification: 1983)
Occupational Cancer Convention, 1974 (No. 139) (Ratification: 1983)
Occupational Safety and Health Convention, 1981 (No. 155) (Ratification: 2012)

In order to provide a comprehensive view of the issues relating to the application of ratified occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine Conventions Nos 115 (radiation protection), 136 (benzene), 139 (occupational cancer) and 155 (OSH) together.

General provisions

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

The Committee notes the information provided by the Government in response to its previous request regarding Article 19 of the Convention.

Application of the Convention in practice. Further to its previous comment, the Committee notes the information provided by the Government that most non-fatal workplace accidents continue to occur in the agricultural sector, specifically in the sugarcane fields. It also reports that, in recent years, there has been a significant reduction in the number of accidents, attributed to the reduced production of sugar and the emphasis placed by industry management on maintaining safe and healthy workplaces. In this respect, the Committee notes that there were 20 fatal accidents (and 625 non-fatal accidents) in 2022, 20 fatal accidents (and 577 non-fatal accidents) in 2023, and 19 fatal accidents in the first six months of 2024. The Committee requests the Government to continue to provide information on measures taken or envisaged to address the high number of accidents in the agricultural sector. It also requests the Government to provide further information on the manner in which the Convention is applied in the country in practice including the number and nature of the contraventions reported and the number, nature and cause of occupational accidents and cases of occupational diseases reported.

Articles 4, 7 and 15 of the Convention. Periodic review of the national policy. The Committee notes the Government’s reference to the National Advisory Council on Occupational Safety and Health (NACOSH), which is appointed annually and operates in accordance with the provisions outlined in section 10(7)(a) and (b) of the OSH Act of 1997. The Committee notes with interest the Government’s indication that the National OSH Policy was reviewed and revised in 2018 and subsequently re-launched in 2019, with support from the ILO Office for the Caribbean. The policy identifies seven key policy outcomes, including decreasing accidents and diseases related to OSH and encouraging a workplace health and safety culture, and states that it will be revised every five years or as deemed necessary. The Government further indicates that the OSH policy is scheduled for review and that it has requested ILO assistance in this process. The Committee also notes the Government’s indication that it is currently working on a review of the OSH Act, and it notes the activities of the NACOSH reflected in the Council’s annual report. The Committee requests the Government to continue to provide information on the review of the national OSH policy and the consultations held in this regard, as well as on the policy’s implementation. It also requests the Government to continue to provide information on the review of the OSH Act and the consultations held in this respect.

Article 6. Functions and responsibilities. In response to its previous comment, the Committee notes the Government’s reference to the OSH Act, which delineates the roles and responsibilities of employers (sections 45 to 47), supervisors (section 48), workers (section 49), occupiers and owners of industrial establishments (sections 50 to 53), suppliers (section 54) and directors and officers of corporate bodies (section 55). The Committee further notes the Government’s indication that the OSH Policy specifies responsibilities of these and other agents to ensure coordinated action among all agencies involved in OSH. These entities, which include the Ministry of Social Protection, the NACOSH, the Ministry of Public Health, the National Insurance Scheme, the Guyana National Bureau of Standards (GNBS), the Guyana Fire Service (GFS), the University of Guyana, and the Guyana Civil Aviation Authority, are expected to collaborate to improve working conditions and the workplace environment throughout the country. The Committee notes this information, which responds to its previous request.

Article 9. Adequate and appropriate system of inspection. The Committee notes the Government’s indication that the Labour and OSH Departments are currently separate departments within the Ministry of Labour, and that a combined total of 8,000 inspections were undertaken from 2021 to 2023. The Government also indicates that efforts are being taken to hire both Labour and OSH officers across the country. The Committee further notes the findings of the 2023 Report of the Auditor General on a review of the Ministry of Labour's OSH inspection process, which highlighted shortcomings within the OSH Department, such as: ineffective enforcement of workplace registration and insufficient planning and resource utilization for inspections; lack of technical skills among inspectors, impacting the effectiveness of inspections; absence of a comprehensive database of workplaces, hindering targeted inspections and accurate tracking of the total number of inspections conducted; inadequate documentation and monitoring of inspection findings, resulting in insufficient follow-up on corrective actions; and failure to impose fines and penalties for violations, further weakening enforcement efforts. With reference to its comments adopted in 2024 concerning the Labour Inspection Convention, 1947 (No. 81) and the Labour Inspection (Agriculture) Convention, 1969 (No. 129), the Committee requests the Government to provide detailed information on the functioning of inspection services in relation to OSH, including measures to address the issues highlighted in the Report of the Auditor General of 2023.

Article 12. Obligations of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee notes the Government’s indication that no specific measures have been undertaken through policy or law to fulfil the requirements under Article 12. The Committee also notes the Government’s reference to the Pesticides and Toxic Chemicals Control Act, pursuant to which the Pesticides and Toxic Chemicals Control Board manages a registration mechanism for pesticides and toxic chemicals manufactured in the country or imported. The Committee further notes that the Pesticides and Toxic Chemicals Control Regulations set forth requirements for the labelling and safe use of these substances. In addition, the Committee notes that section 65(1) of the OSH Act establishes that a person who supplies, manufactures or designs a workplace article that emits hazardous physical agents must ensure prescribed safety information on its hazards and proper use is readily available. The Committee requests the Government to take measures to prescribe the obligations of persons who design, manufacture, import, provide or transfer machinery, equipment and any substances for occupational use, so that such items do not entail dangers for the safety and health of those using them correctly in accordance with Article 12(a). It requests the Government to provide further information on the measures taken to implement Article 12(b) of the Convention, regarding the obligation to make available information, as well as Article 12(c).

Article 13. Protection from undue consequences. The Committee previously noted that pursuant to section 56 of the OSH Act, workers are entitled to refuse to work when they have reasonable basis for believing that a hazardous situation exists and presents an imminent or serious danger to their safety and health, or that of a fellow worker, but that certain categories could be excluded from the application of section 56 by virtue of an order of the Minister (section 56(2)). In this respect, the Committee notes the Government’s response that that no ministerial decrees or orders were issued by virtue of section 56(2) of the OSH Act, and that currently, the OSH Act applies uniformly across all industrial establishments. The Government also indicates that awareness sessions are conducted regularly with workers and joint workplace safety and health committees to educate them on their rights, obligations, and the importance of safe work practices. The Committee notes this information, which replies to its previous request.

Article 17. Collaboration between two or more undertakings engaging in activities simultaneously at one workplace. The Committee notes the Government’s indication that collaboration among employers is ongoing, particularly in the oil and gas and construction sectors. Employers are also encouraged to establish joint workplace safety and health committees or designate safety and health representatives, depending on the size of their operations. The Committee requests the Government to provide information on measures adopted or envisaged to ensure that whenever two or more undertakings engage in activities simultaneously at one workplace, they collaborate in applying the requirements of this Convention.

Article 20. Cooperation at the level of the undertaking. The Committee notes the Government’s reference to the OSH Act, which stipulates that workplaces employing fewer than 20 but more than five persons must have a designated safety and health representative. The Government also indicates that a draft Joint Workplace Safety and Health Regulation has been developed to streamline the operations of joint workplace safety and health committees and representatives and is awaiting parliamentary approval. The Committee requests the Government to continue to provide information on the adoption of the Joint Workplace Safety and Health Regulation.

Protection from specific risks

Radiation Protection Convention, 1960 (No. 115)

Application in practice. The Committee requests the Government to provide information on the application of this Convention in practice, including statistics on the number of workers exposed to ionizing radiation and any other violations detected during labour inspection visits and their follow-up.

Article 7(1)(b) and (2). Exposure limits for young workers between 16 and 18 years of age. The Committee refers to its comments under the Worst Forms of Child Labour Convention, 1999 (No. 182) where it noted that the Government is considering revising its list of hazardous work which is likely to harm the health, safety or morals of children. The Committee requests the Government to provide information on the measures adopted, including in the framework of this revision, to fix appropriate levels of ionizing radiation for young workers aged between 16 and 18 years who are directly engaged in radiation work and to forbid work involving ionizing radiations to workers under the age of 16.

Article 11. Appropriate monitoring of workers and workplaces. The Committee notes that, under section 8 of the Radiation Safety and Security Act, one of the Radiation Safety and Security Board’s functions is to monitor and assess activities and practices to verify compliance with the Act and with the terms and conditions of licenses. The Committee requests the Government to provide information on the measures taken to ensure the monitoring of workplaces and the safety of workers, including the cooperation efforts in this regard between the Radiation Safety and Security Board and the labour inspectorate.

Article 14. Employment involving exposure to ionizing radiation contrary to medical advice. The Committee requests the Government to provide information on the measures adopted to ensure that workers are not employed or engaged in work liable to expose them to ionizing radiations contrary to qualified medical advice.

Benzene Convention, 1971 (No. 136)

Article 2 of the Convention. Replacement of benzene or of products containing it. The Committee requests the Government to provide information on measures adopted, including in the context of the ongoing legislative review, to ensure the use of harmless or less harmful substitute products, wherever available, instead of benzene or products containing benzene.

Article 5. Preventive occupational hygiene and technical measures. The Committee requests the Government to provide information on the measures taken to ensure the adoption and implementation of preventive technical and occupational hygiene measures to ensure the effective protection of workers exposed to benzene or products containing benzene.

Article 6. Measures to prevent the escape of vapour, ceiling values allowed and methods of measurement. The Committee requests the Government to provide information on measures adopted or envisaged to bring national law and practice into conformity with the requirements of Article 6 of the Convention.

Article 7. Enclosed systems. Removal of benzene vapour. The Committee requests the Government to provide information on the measures adopted to ensure that work processes involving the use of benzene or of products containing benzene are carried out in an enclosed system, as far as practicable. It also requests the Government to provide information on measures taken to ensure that, where it is not practicable for the work processes to be carried out in an enclosed system, places of work in which benzene or products containing benzene are used are equipped with effective means to ensure the removal of benzene vapour to the extent necessary for the protection of the health of the workers.

Article 8. Personal protection against the risk of absorbing benzene through the skin. The Committee requests the Government to provide information on measures taken to bring national law and practice into conformity with the requirements of Article 8 of the Convention.

Articles 9. Medical examinations. The Committee notes that section 47(1)(i) and (j) of the OSH Act requires employers to provide for medical examinations and safety-related tests for workers as prescribed, and stipulates that only those workers who have undergone such prescribed examinations, tests, or X-rays, and have been deemed physically fit, may be permitted to work in the workplace. Additionally, the Committee notes that the Pesticides and Toxic Chemicals Control Act authorizes the Pesticides and Toxic Chemicals Control Board to request periodic medical examinations of workers as specified by regulations, and mandates medical examiners or practitioners to report quarterly on cases of poisoning by pesticides and toxic chemicals (sections 31(2)(c) and 31(3)). However, the Committee notes there are no specific provisions addressing the obligation for pre-employment medical examinations for workers who are to be employed in work processes involving exposure to benzene or to products containing benzene and their periodic re-examinations. The Committee requests the Government to provide information on the measures taken to ensure that these workers shall undergo a thorough pre-employment medical examination for fitness for employment and periodic re-examinations.

Article 11(1) and (2). Prohibition of the employment of young persons under 18 years of age in work processes involving exposure to benzene or products containing benzene, except in the context of education or training. Prohibition of the employment of nursing women. The Committee requests the Government to provide information on the measures taken, including within the context of the ongoing legislative review and the revision of its list of hazardous work which is likely to harm the health, safety or morals of children, to ensure that : (a) nursing mothers shall not be employed in work processes involving exposure to benzene or products containing benzene; and (b) young persons under 18 years of age shall not be employed in work processes involving exposure to benzene or products containing benzene, unless they are young persons undergoing education or training who are under adequate technical and medical supervision.

Article 12. Clearly visible danger symbols on any container holding benzene or products containing benzene. The Committee requests the Government to provide information on measures taken to ensure that the word “Benzene” and the necessary danger symbols are clearly visible on any container holding benzene or products containing benzene.

Occupational Cancer Convention, 1974 (No. 139)

Application of the Convention in practice. The Committee requests the Government to provide information on the application of the Convention in practice, namely on the number of occupational diseases reported and workers exposed to carcinogenic or mutagenic substances.

Article 1(1) and (2) of the Convention. List of prohibited or restricted carcinogenic substances or agents. Exemptions from prohibition. The Committee notes the Government’s indication that the Pesticides and Toxic Chemicals Control Board (PTCCB), under the Pesticides and Toxic Chemicals Control Act and its Regulations, has an established mechanism for assessing carcinogenicity and safeguarding human health and the environment. The Government also indicates that the PTCCB oversees a comprehensive registration system for all pesticides and toxic chemicals but indicates that these registers are not classified by carcinogenicity. The Committee takes due note of the Government's indication that the list of prohibited and restricted substances was updated in 2022 and that the PTCCB has not granted any exemptions for substances prohibited under the Pesticides and Toxic Chemicals Control Act and its subsidiary Regulations. The Committee requests the Government to provide information on the measures adopted to ensure the implementation of a mechanism to periodically determine the carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization or control.

Article 2(1) and (2). Replacement of carcinogenic substances and agents. Number of workers exposed. The Committee notes the Government’s indication that it is endeavouring to incorporate provisions concerning the obligation to substitute carcinogenic substances and agents into the new OSH regulatory framework under development. The Government also indicates that data on the number of workers exposed to carcinogenic substances or agents is currently unavailable, though systems will be developed to collect this information. The Committee requests the Government to continue to provide information on the measures adopted to ensure that the draft Regulations on the Safe Use of Chemicals at Work contain provisions providing for the obligation to substitute carcinogenic substances and agents whenever possible, and to provide information on any progress made in this regard. The Committee also requests the Government to provide information on the measures adopted to ensure the elaboration of statistics on number of workers exposed to carcinogenic substances or agents.

Article 5. Medical examinations. Following its previous comments, the Committee notes the Government’s indication that, to date, the PTCCB Board has not requested any medical examinations of workers from employers. The Committee requests the Government to provide detailed information on the measures adopted to ensure that medical examinations during the period of employment and thereafter are conducted for all workers exposed to carcinogenic substances and agents, in order to evaluate their exposure and supervise their state of health in relation to the occupational hazards.