Occupational Safety and Health Convention, 1981 (No. 155) - Grenada (Ratification: 2012)

Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

The Committee notes the observations of the Grenada Employers’ Federation (GEF) and the Grenada Trades Union Council (GTUC) communicated with the Government’s report.

The Committee also notes the information provided by the Government concerning Article 14 of the Convention (inclusion of OSH and the working environment at all levels of education and training) which addresses its previous request.

Legislation. Occupational Safety and Health Bill. Following its previous comments, the Committee notes the Government’s indications in its report that the Occupational Safety and Health Bill is still under review and that it is scheduled for implementation in 2025. It also notes that in their observations, the GEF and the GTUC express the need for the OSH Bill to move beyond its current state and be enacted and adopted to form part of the labour legislation. Noting that the Government undertakes to ensure that the OSH Bill will be reviewed, the Committee once again requests the Government to provide information on the measures taken for that purpose, in consultation with the representative organizations of employers and workers concerned. It requests the Government to take into account, in the context of this review, the Committee’s comments concerning Articles 5(e), 9, 11(c)–(e), 12(b) and (c), 13, 15, 17, 19(e) and 21 of the Convention. It also requests the Government to provide information on the finalization and adoption of the OSH Bill and to provide a copy of the Act once it has been adopted.

Articles 4, 7 and 8 of the Convention. National OSH policy and review of the national OSH situation. Following its previous comments, the Committee notes with interest that a national OSH Policy was adopted in 2023, in consultation with the most representative organizations of employers and workers, and that this policy aims to ensure a safe and healthy working environment for all workers, including workers in the informal economy. The National OSH Policy sets out a tripartite approach to OSH and envisages that the Government will adopt a preventive approach to occupational hazards, with particular attention to risk assessment and control. The Committee also notes that the national OSH Policy will be reviewed every five years based on changes in legislation, the emergence of new hazards, technological progress, international standards and Conventions, and any other conditions that may warrant review. The Committee requests the Government to continue to provide information on the measures taken to ensure the implementation of the national OSH Policy, in consultation with the representative organizations of employers and workers concerned. It also requests the Government to provide further information on the review of the national OSH Policy, including information on any discussions regarding OSH held at the tripartite OSH Committee, the main problems identified, the methods for addressing them and the priorities for action.

Article 5(b). Relationships between the material elements of work and the persons who carry out or supervise the work. Further to its previous comments, the Committee notes that the national OSH Policy aims to provide workers with safe systems of work, including safe equipment and machinery, and address psychosocial risks and work-related stress. In this regard, as part of the policy: (i) the Ministry of Health shall employ OSH practitioners to provide occupational medicine, industrial hygiene, ergonomics and psychology services to identify occupational health risks and improve the capacity to diagnose occupational diseases; and (ii) employers shall adapt the working conditions and working environment to the needs of workers and monitor their health in order to improve their well-being. The Committee takes note of this information, which addresses its previous request.

Article 5(e). The protection of workers and their representatives from disciplinary measures. The Committee previously noted that the OSH Bill contained provisions providing for the protection of employees from disciplinary measures in circumstances where the employee has acted in compliance with the Act, and the regulations giving effect to the provisions of the Act or any order made thereunder.

The Committee notes that the national OSH Policy commits the Government to improving the legal and regulatory framework, in consultation with the representative organizations of employers and workers, including to ensure the protection of workers and their representatives from disciplinary measures, in accordance with the Employment Act 1999, as amended.

In this respect, the Committee notes that under section 74(2) of the Employment Act, the following reasons do not constitute valid grounds for the imposition of disciplinary measures: (i) the exercise by an employee of any of the rights specified in Part V of the Labour Relations Act 1999, as amended, concerning freedom of association; (ii) the participation or proposed participation by an employee in industrial action taking place in conformity with Part IX of the Labour Relations Act relating to the right to strike; and (iii) the filing of a complaint or participation by an employee in a proceeding against an employer involving alleged violations of any law. The Committee requests the Government to continue to provide information on the measures taken to ensure that workers and their representatives are protected from disciplinary measures as a result of actions properly taken in conformity with the national OSH Policy, including by incorporating provisions on the protection of workers’ representatives in the OSH Bill.

Article 9. Enforcement of laws and regulations concerning OSH through an adequate and appropriate system of inspection. Following its previous comments, the Committee notes that the national OSH Policy aims to improve the legal framework and enforcement capacities of the relevant institutions to ensure safe and healthy workplaces for all workers.

To this end, the Government will: (i) ensure that the Department of Labour has a sufficient number of qualified health and safety officers to conduct routine workplace inspections and required tests, as well as to provide advisory services to undertakings; (ii) provide continuous training to health and safety officers to keep them abreast of OSH requirements; (iii) improve the inspection services provided in the islands of Carriacou and Petite Martinique; (iv) ensure that the data obtained from the National Insurance System is used to develop OSH interventions; and (v) strengthen cooperation with other institutions engaged in similar activities, as well as with employers’ and workers’ organizations, to ensure effective implementation of the national OSH policy. With reference to its comments under the Labour Inspection Convention, 1947 (No. 81), the Committee requests the Government to continue to provide information on the measures taken in practice to strengthen its labour inspection system and to enforce the laws and regulations concerning occupational safety and health and the working environment.The Committee also requests the Government to provide further information on the manner in which it ensures that the penalties established for violations of OSH laws and regulations are adequate, including through the adoption of the OSH Bill.

Article 11(c). Procedures for the notification of accidents and diseases and production of annual statistics. Further to its previous comments, the Committee notes that the national OSH Policy will be complemented with an OSH profile, which will provide a diagnosis of the existing OSH situation, including data on occupational accidents and diseases.

In this respect, the Committee notes that the Government plans to take a number of measures to improve the Management Information Systems in order to ensure that the data collected better reflects the OSH situation in the country. These measures include ensuring prompt reporting of all occupational accidents and incidents by employers, facilitating the exchange of OSH data among government agencies, and analysing occupational accidents and incidents from all sources to understand the OSH situation and identify challenges and priorities. The Committee requests the Government to continue to provide information on the measures taken to ensure that the OSH data collected through the Management Information Systems are used for the production of annual statistics on occupational accidents and diseases, in accordance with Article 11(c) of the Convention.

Article 11(d). Holding of inquiries. The Committee once again requests the Government to take the necessary measures to give full effect to Article 11(d) of the Convention by providing for the holding of inquiries, for cases of occupational accidents, occupational diseases or any other injuries to health which appear to reflect situations which are serious, including through the incorporation of provisions in this respect in the OSH Bill.

Article 11(e). Publication of information on the implementation of the national policy. Further to its previous comments, the Committee notes that the national OSH policy provides that the Ministry of Labour will develop a system to report, share and disseminate information on occupational accidents and diseases and to facilitate public access to OSH data. The Committee requests the Government to provide further information on the implementation of the national OSH policy related to the annual publication of information on the measures taken in pursuance of the policy, as well as on occupational accidents, occupational diseases and other injuries to health which arise in the course of or in connection with work.

Article 12(b) and (c). Obligations of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. Information on the correct installation and use of machinery, equipment and substances. Information on hazards related to machinery, equipment and substances and instructions on how known hazards are to be avoided. Studies and research. The Committee once again requests the Government to provide information on measures taken to ensure that those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use make available information concerning the correct installation and use of all types of machinery and equipment, and to provide further information on the manner in which it ensures that those persons keep abreast of the necessary scientific and technical knowledge.

Article 13. Protection of workers from undue consequences. Further to its previous comments, the Committee notes that the national OSH Policy provides that workers can refuse to perform work that they reasonably believe to expose them to serious and imminent danger without risk of any punitive measures being taken. With reference to the Committee’s previous comments on sections 63(2) and (3) of the OSH Bill providing for the exclusion of several categories of workers from the right to refuse to work in cases of imminent and serious danger to their life or health, the Committee requests the Government to continue to provide information on the measures taken to ensure that all workers who have removed themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health are protected from undue consequences in accordance with national conditions and practice.

Article 15. Necessary coordination between various authorities and bodies. Further to its previous comments, the Committee notes the information contained in the national OSH policy on the arrangements established between various authorities and bodies, including the Ministry of Labour, the representative organizations of employers and workers, the Ministry of Education, the Ministry of Health, the National Insurance Scheme, the Physical Development Division, the Bureau of Standards and the Fire Department. It notes that these arrangements focus on improving coordination among the various entities to ensure that their reporting and execution functions address OSH issues more effectively. The Committee also notes that, in accordance with the national OSH policy, a tripartite OSH committee will be established to: (i) facilitate communication on OSH at the national level, including the creation of a discussion forum; (ii) advise the Ministry of Labour on the implementation of the policy; (iii) promote inter-sectoral cooperation with relevant stakeholders; and (iv) review progress made in achieving the objectives of the policy. The Committee requests the Government to continue to provide information on the establishment of the tripartite OSH Committee.

Article 17. Collaboration between undertakings engaging in activities simultaneously at one workplace. The Committee once again requests the Government to take the necessary measures to ensure that, whenever two or more undertakings engage in activities simultaneously at one workplace, there is collaboration in applying the requirements of the Convention, in accordance with Article 17.

Article 19(e). Ability of workers and their representatives to enquire into and be consulted on all aspects of OSH associated with their work. The Committee once again requests the Government to provide information on the measures taken to ensure that technical advisers may be brought in from outside the undertaking, by mutual agreement, for the purpose of enabling workers and their representatives to inquire into, and be consulted on, OSH matters, including by incorporating provisions in this regard into the OSH Bill.

Article 21. No expenditure for workers for OSH measures. With regard to its previous comments, the Committee notes that the national OSH Policy aims to improve the legal and regulatory framework, including the establishment of standards for personal protective equipment. The Committee requests the Government to continue to provide information on the measures taken to ensure that OSH measures do not involve any expenditure for workers, including for personal protective equipment, in accordance with Article 21 of the Convention.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the Government’s first report.

Legislation. Occupational Safety and Health Bill. The Committee takes note of the 2015 draft Occupational Safety and Health Bill and the technical assistance provided by the ILO in 2016 in the form of technical comments on the Bill. The Government indicates in its report that all social partners were involved in extensive consultations on the Bill. The Committee welcomes the fact that the Occupational Safety and Health Bill would give effect to a number of provisions of the Convention that are not fully covered by existing legislation, namely: Article 1 (section 4 of the Bill – to ensure the application of the Convention to all branches of economic activity); Article 5(c) on training and qualifications (sections 44(1), 53(3)(e), 55(1)(l), 55(4), 68(3) and 72 of the Bill); Article 5(d) on communication and cooperation at the relevant levels (sections 11, 75 and 76 of the Bill); Article 6 on the indication of Occupational Safety and Health (OSH) functions and responsibilities of public authorities, employers, workers and others (sections 6, 7, 9(1), 11, 53–55, 57–59 and 61 of the Bill); Article 10 on providing guidance to employers and workers so as to help them comply with legal obligations (section 7 of the Bill); Article 11(a) on the progressive determination of conditions governing the design, construction and layout of undertakings and safety of technical equipment (sections 13(2), 17–19, 28, 44–52, 58(1)(a), 58(3)(a) and 59 of the Bill); Article 11(b) on the progressive determination of the work processes and of substances and agents to be prohibited, limited or made subject to authorization (section 66 of the Bill); Article 11(f) on the progressive introduction or extension of systems to examine chemical, physical and biological agents (sections 66 and 70 of the Bill); Article 12(a) on certain duties of those who design, manufacture, import, provide or transfer machinery, equipment or substances (sections 45–52 and 61 of the Bill); Article 16 on the duties of employers (sections 20, 21, 53 and 54(1)(h), (i), (j) and (n) of the Bill); Articles 19(b) and 20 on arrangements at the level of the undertaking regarding cooperation between workers and their representatives and the employer (sections 54(1)(f), (g) and (t), 75 and 76 of the Bill); Article 19(c) on adequate information for workers’ representatives (sections 54(1)(t), (u) and (v), 75(13)(d) and 76(12)(d) of the Bill); Article 19(d) on adequate training for workers and their representatives (sections 44(1), 53(3)(e), 55(1)(l), 55(4), 68(3) and 72 of the Bill); and Article 19(f) on reporting by workers (sections 57(1)(c) and (d) and 63(6) of the Bill). The Committee requests that the Government take into account its comments below concerning Articles 4, 5(b) and (e), 7–9, 11(c)–(e), 12(b) and (c), 13–15, 17, 19(e) and 21 of the Convention in its ongoing revision of the Occupational Safety and Health Bill, and to take measures to ensure the finalization and adoption of the Bill in the near future. It further requests the Government to provide a copy of the Act once it has been adopted.

Articles 4, 7 and 8 of the Convention. National OSH policy and review of the national OSH situation. The Committee notes the Government’s indication in its report that it is seeking to develop a national OSH policy through new OSH legislation and it notes in this respect the Occupational Safety and Health Bill developed in 2015. Section 11 of the Bill provides that the Labour Advisory Board shall advise the Minister on all matters relating to OSH, including the review of the operation of the Act, and any proposed changes to legislation governing OSH. The Committee requests the Government to continue to provide information with respect to the development of the national OSH policy, including the measures taken to adopt the Occupational Safety and Health Bill. It further requests the Government to provide information on the manner in which it ensures that the national situation concerning OSH is reviewed at appropriate intervals, including information on any discussions regarding OSH held at the Labour Advisory Board, and the scope and frequency of such discussions.

Article 5(b). Relationships between the material elements of work and the persons who carry out or supervise the work. The Committee notes the Government’s indication that it would take into consideration the spheres of action enumerated in Article 5 in the formulation of its national OSH policy. It further notes that sections 21(2) and 22(3) of the Occupational Safety and Health Bill would cover this sphere of action in part, in so far as it takes into account the relationship between ergonomic requirements and personal protective equipment and clothing. The Committee requests the Government to provide further information on the measures taken to ensure that the national OSH policy covers this sphere of action, in particular with regard to the adaptation of machinery, equipment, working time and organization of work and work processes to the physical and mental capacities of the workers.

Article 5(e). The protection of workers from disciplinary measures. The Committee notes that section 65 of the Occupational Safety and Health Bill would protect employees from disciplinary measures in circumstances where the employee has: acted in compliance with the Act, the regulations giving effect to the provisions of the Act, or any order made thereunder; sought the enforcement of the Act or the regulations; observed procedures established by the employer; or given evidence in a proceeding in respect of the enforcement of the Act, the regulations, or in an inquest under any Act. The Committee observes that section 65 does not, however, cover workers’ representatives. The Committee requests the Government to take measures to ensure that workers’ representatives are protected from disciplinary measures as a result of actions properly taken by them in conformity with the national OSH policy, in conformity with Article 5(e) of the Convention.

Article 9(1). Enforcement of laws and regulations concerning OSH through an adequate and appropriate system of inspection. Considering that Granada has ratified the Labour Inspection Convention, 1947 (No. 81), the Committee refers, as regards Article 9(1) of Convention No. 155, to the detailed comments that it adopted in 2016 on the application of Convention No. 81, particularly as regards Articles 3(1)(a) and (b), and 5(a) (preventive and enforcement action by labour officers in the field of occupational safety and health, including in cooperation with other entities), Article 7(3) (training of labour inspectors), Article 14 (notification of industrial accidents in cases of occupational disease), and Articles 20 and 21 (establishment, publication and communication to the ILO of annual inspection reports).

Article 9(2). Adequate penalties for violations. The Committee notes that, under section 93 of the Occupational Safety and Health Bill, an individual who commits an offence under the Act would be liable on summary conviction to: a monetary fine; imprisonment for a term not exceeding twelve months; or both. The Committee requests the Government to continue to provide information on the manner in which it ensures that the penalties established for violations of laws and regulations are adequate, including the information on the determination of penalties established in the Occupational Safety and Health Bill.

Article 11(c). Procedures for the notification of occupational accidents and diseases and production of annual statistics. The Committee notes that sections 79–82 of the Occupational Safety and Health Bill provide for the establishment of procedures for the notification of occupational accidents and diseases by employers. However, it notes an absence of information on measures taken to ensure the production of annual statistics on occupational accidents and diseases. The Committee requests the Government to provide further information on measures taken or envisaged to ensure the production of annual statistics on occupational accidents and diseases.

Article 11(d). Holding of inquiries. The Committee notes that section 75(25) of the Occupational Safety and Health Bill provides that employee members of a joint safety and health committee shall investigate cases where an employee is killed or critically injured at a workplace. However, procedures for the holding of inquests by a coroner in the case of death by accident or occupational disease, as well as the Minister’s power to direct formal investigations into accidents and cases of occupational diseases, have only been included in an alternative Part of the Bill that has not yet been integrated into the draft. The Committee requests the Government to take the necessary measures to give full effect to Article 11(d) of the Convention by providing for the holding of inquiries, including by incorporating provisions in this regard into the Occupational Safety and Health Bill.

Article 11(e). Publication of information on the implementation of the national policy. The Committee requests the Government to provide information on the manner in which it ensures the annual publication of information on the measures taken in pursuance of the national OSH policy.

Article 12(b) and (c). Obligations of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. Information on the correct installation and/or use of machinery, equipment and substances. Information on hazards related to machinery, equipment and substances and instructions on how known hazards are to be avoided. Studies and research. The Committee notes that section 71(1) of the Occupational Safety and Health Bill requires that those who distribute or supply, directly or indirectly, or manufacture, produce or design an article for use in a workplace that causes, emits or produces a hazardous physical agent when the article is in use or operation ensure that such information as may be prescribed is readily available concerning the hazardous physical agent and the proper use or operation of the article. The Committee also notes the provisions of the Bill requiring that safe working loads be conspicuously or plainly marked on cranes, other lifting machines, vehicle lifts, and hoists and lifts (sections 48(3), 49(3), 50(7) and 50(8)(c) of the Bill). The Committee requests the Government to take measures to ensure that those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use make available information concerning the correct installation and use of all types of machinery and equipment, and to provide further information on the manner in which it ensures that those persons keep abreast of the necessary scientific and technical knowledge.

Article 13. Protection of workers from undue consequences. The Committee notes that section 63(1) of the Occupational Safety and Health Bill provides that employees may refuse to work where they have reasonable justification to believe that any equipment, machine, device or article used or operated or to be used or operated, or the physical condition of the workplace presents an imminent and serious danger to the life, safety or health of the employee or another employee; or violates the provisions of the Act or regulations. The Committee observes that sections 63(2) and (3) of the Bill, however, provide for the exclusion of wide categories of workers from the right to refuse to work in section 63(1), including all persons employed in the operation of a hospital, sanatorium, nursing home, home for the aged, psychiatric institution, mental health institution or rehabilitation facility, and persons employed in a laundry, food service, power plant or technical service or facility used in conjunction to such institutions, facilities, or services. The Committee requests the Government to take the necessary measures to ensure that all workers that have removed themselves from a work situation where the worker has reasonable justification to believe presents an imminent and serious danger to their life or health shall be protected from undue consequences in accordance with national conditions and practice.

Article 14. Inclusion of OSH and the working environment at all levels of education and training. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that OSH is included at all levels of education and training, including higher technical, medical and professional education.

Article 15. Necessary coordination between various authorities and bodies. The Committee requests the Government to provide information on the arrangements taken or envisaged to ensure the necessary coordination between the various authorities and bodies called upon to give effect to the provisions of the Convention. It also requests the Government to provide information on the consultations and their outcomes, regarding those arrangements, with the most representative organizations of employers and workers.

Article 17. Collaboration between undertakings engaging in activities simultaneously at one workplace. The Committee requests the Government to take the necessary measures, in accordance with Article 17, to ensure that whenever two or more undertakings engage in activities simultaneously at one workplace, there is collaboration in applying the requirements of this Convention.

Article 19(e). Ability of workers and their representatives to enquire into and be consulted on all aspects of OSH associated with their work. The Committee notes that effect would be partially given to this Article of the Convention by section 75(13) of the Occupational Safety and Health Bill (on the functions of joint safety and health committees in workplaces of twenty or more regular employees), section 76(12) (on the functions of safety and health representatives for workplaces with more than five but less than 20 regular employees), as well as section 54(1) (on employers’ duty to share information on OSH reports and to prepare and review a written OSH policy). The Committee requests the Government to provide further information on whether a technical adviser may be brought from outside the undertaking by mutual agreement for the purpose of enabling workers and their representatives to inquire into, and be consulted on, OSH matters.

Article 21. No expenditure for workers for OSH measures. The Committee notes the sections of the Occupational Safety and Health Bill providing that employees shall not bear the cost of prescribed medical surveillance programmes, prescribed medical examinations or tests, or OSH training (sections 55(3)–(5) and 73 of the Bill). It notes, however, an absence of information on measures taken to ensure that personal protective equipment must not involve any expenditure for workers. The Committee requests the Government to take measures to ensure that OSH measures do not involve any expenditure for workers, including for personal protective equipment.