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

Occupational Safety and Health Convention, 1981 (No. 155) - Lesotho (Ratification: 2001)

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this is a considerable increase from the penalties that were provided in the previous Labour Code, which has now been repealed.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.