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 155 (OSH), 187 (promotional framework for OSH) and 184 (OSH in agriculture) together.

The Committee notes the observations of the Malawi Congress of Trade Unions (MCTU), received on 2 September 2024, concerning Conventions Nos 155, 184, and 187. The Committee requests the Government to provide its comments in this respect.

General provisions

The Committee notes the information provided by the Government in response to its previous request regarding: Article 2(2) of Convention No. 187 concerning taking into account the principles set out in relevant ILO instruments; Article 15(1) of Convention No. 155 concerning necessary coordination between various authorities and bodies and; Article 11(f) of Convention No. 155 concerning systems to examine chemical, physical and biological agents in respect of the risk to the health of workers.

Action at the national level

Article 1 of Convention No. 155. Scope. In its previous comments, the Committee noted that the Occupational Safety, Health and Welfare Act (OSHWA) does not cover some sectors of the economy and that the definition of “workplace” provided for in section 3 means the Act only applies to some undertakings, but not shops, educational institutions, banks, health facilities, offices. In this respect, the Committee notes the Government’s indication in its report that the definition of workplaces in the OSHWA is being reviewed in order to cover all sectors of the economy. The Government further indicates that work activities excluded under the OSHWA are covered by the Employment Act of 2000 which, pursuant to section 9, gives labour officers the power to conduct inspections on OSH in all establishments (with minor exceptions). The Committee observes that this however refers to the powers of inspectors rather that OSH obligations and rights themselves. The Committee requests the Government tocontinue to provide information on the ongoing review of the OSHWA and indicate any progress towards its wider application. It requests the Government to provide further information regarding the measures taken to ensure adequate protection for workers working in branches and sectors of the economy not covered by the current OSHWA.

Article 2(3) of Convention No. 187. Measures that could be taken, in consultation with social partners, to ratify relevant OSH Conventions of the ILO. Following its previous comments, the Committee notes the Government’s indication that the possible ratification of the Occupational Health Services Convention, 1985 (No. 161) and the Safety and Health in Mines Convention, 1995 (No. 176) is on the agenda of the meeting of the Tripartite Labour Advisory Council to be held in September 2024. The Committee requests the Government to continue to provide information on the manner in which consideration is given to what measures could be taken to ratify relevant OSH Conventions, including information on consultations undertaken on the ratification of Conventions No. 161 and No. 176.

National policy

Articles 4 and 7 of Convention No. 155 and Article 3(1) of Convention No. 187. Formulation, implementation and periodic review of a national policy on OSH in consultation with social partners. The Committee notes the Government’s indication that the draft National OSH Policy, which was validated in May 2022, is awaiting submission to the Office of the President and Cabinet for approval by the Cabinet Committee. The Committee requests the Government to provide information on the progress made in the adoption of the National OSH Policy and to provide a copy once it has been adopted. It also requests the Government to provide information on the subsequent measures taken to ensure its periodic review, at regular intervals and in consultation with the most representative workers’ and employers’ organizations concerned, as well as on the other measures taken to review the OSH situation at appropriate intervals.

National system

Article 11(e) of Convention No. 155. Annual publication of information on the measures taken in pursuance of the national policy and on occupational accidents, occupational diseases and other injuries to health. The Committee notes the Government’s indication that the new website of the Ministry of Labour provides a platform for publications and that the Government, with support from the ILO, is in the process of developing the Labour Information Management System which will serve as a platform for information sharing. Regarding the annual publication of statistical information related to OSH in the annual labour inspection report, the Committee refers the Government to its comments under the Labour Inspection Convention, 1947 (No. 81) and the Labour Inspection (Agriculture) Convention, 1969 (No. 129). The Committee requests the Government to continue to provide information on the measures taken to ensure the annual publication of information on the measures taken in pursuance of the national policy and on occupational accidents, occupational diseases and other injuries to health, including through the development of the Labour Information Management System.

Article 4(3)(h) of Convention No. 187. Support mechanisms for a progressive improvement of OSH conditions in micro-enterprises, in small and medium-sized (MSMEs) enterprises and in the informal economy. The Committee takes note of the Government’s indication that the draft National OSH Policy envisions a strategy to equip over 9,800 informal business associations by 2028 with knowledge and skills to improve OSH. The Government indicates that OSH interventions for the MSMEs sector are being implemented by the Government with support from the EU's Zantchito – Skills for Jobs Programme (2022–25). It indicates that since the programme's launch, 1,143 OSH inspections have been conducted in MSME, and 135 awareness campaigns are planned. The Committee requests the Government to provide information on the implementation of the National OSH Policy’s strategy to support informal business associations on OSH, once adopted.

National programme

Article 5(1), (2) and (3) of Convention No. 187. National OSH Programme. The Committee notes that the Government has included the development of a new national OSH programme in its planned activities for the year 2024-2025, which has not yet commenced. The Committee requests the Government to provide information on the progress made with regards to the development of the new national programme and the consultations with the employers’ and workers’ organizations in this respect. It requests the Government to indicate how it ensures that the programme will be widely publicized, endorsed and launched by the highest national authorities, as provided in Article 5(3).

Action at the level of the undertaking

Article 17 of Convention No. 155. Duty of collaboration between two or more undertakings engaging in activities simultaneously at one workplace. The Government indicates that, in the context of the ongoing review of the OSHWA, a provision has been proposed to ensure collaboration among the employers operating in one workplace in the implementation of OSH related activities. The Committee requests the Government to continue to indicate the measures taken or envisaged, including in the context of the ongoing review of the OSHWA, to ensure that, when two or more enterprises undertake activities simultaneously at one workplace, there is collaboration between the undertakings on occupational safety and health, in accordance with Article 17.

Article 19(d) of Convention No. 155. Appropriate OSH training provided to workers and workers’ representatives. The Committee notes the Government’s indication that two provisions have been proposed in the context of the OSHWA review to provide for the training to workers’ representatives to give effect to this provision. The Committee requests the Government to continue to provide information on measures taken or envisaged, including in the context of the ongoing review of the OSHWA, to ensure that workers’ representatives are provided with appropriate training on OSH.

Article 19(e) of Convention No. 155. Inquiries by workers and their representatives, and their consultation on all aspects of OSH. Involvement of technical advisers by mutual agreement. The Committee notes the Government’s indication that, in the context of the safety and health committee, employers and employees can opt for external advisors. The Government indicates that through tripartite consultations it was agreed not to legislate the involvement of technical advisers but rather include it in the National OSH Policy and embrace it as best practice, which is already being applied by some of the workplaces in the country. In its observations, the MCTU indicates that the right to bring technical advisors by mutual agreement should be encouraged. 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. The Committee also requests the Government to provide information on the inclusion in the national OSH Policy of the bringing in of technical advisers, by mutual agreement, from outside the undertaking and to indicate how it is implemented in practice.

Protection in specific branches of activity

Safety and Health in Agriculture Convention, 2001 (No. 184)

Article 4(1) of the Convention. National OSH Policy in agriculture. Consultations with the representative organizations of employers and workers. The Committee notes that the Government reiterates in its report that the draft National OSH Policy covers all sectors, including agriculture and refers to a series of provisions of the draft National OSH Policy that make specific reference to agricultural workers. The Committee also once again notes the Government’s indication that it is developing OSH Regulations in Agriculture, on which consultations are scheduled to start in October 2024. The Committee requests the Government to provide information on the implementation of the National OSH Policy in the agricultural sector once adopted, and its periodic review, in consultation with the representative organizations of employers and workers concerned. It also requests the Government to provide information on the progress made on the development of OSH Regulations in Agriculture and on the manner in which the employers’ and workers’ organizations concerned have been consulted in its elaboration.

Article 6(2). Cooperation between two or more employers or self-employed persons undertaking activities simultaneously at an agricultural workplace. The Government indicates that, in the context of the ongoing review of the OSHWA, a provision has been proposed that refers to collaboration of the employers operating in one workplace in the implementation of OSH related activities, that will apply in agricultural workplaces. Referring to its comments above under Article 17 of Convention No. 155, the Committee requests the Government to continue to provide information on the measures taken, including in the context of the ongoing review of the OSHWA, to ensure that whenever two or more employers undertake activities simultaneously in an agricultural workplace, or one or more employers and one or more self-employed persons undertake activities, they shall cooperate in applying the OSH requirements.

Article 7(a). Appropriate assessments and adoption of preventive and protective measures. The Government indicates that risk assessment is one of the priorities recognised in the draft National OSH Policy and new provisions have been proposed in the context of the OSHWA review to provide for the duty of the employer to carry out risk assessments. The Committee requests the Government to continue to provide information on the measures taken or envisaged, including in the context of the ongoing legislative review of the OSHWA, to ensure that employers carry out appropriate risk assessments in relation to the safety and health of workers and, on the basis of the assessments, preventive and protective measures are adopted.

Article 7(c). Obligation of employers to take immediate steps to stop any operation in the event of an imminent and serious danger to the safety and health of workers, and evacuation of workers as appropriate. The Committee notes the Government’s indication that in the context of the ongoing review of the OSHWA a new provision has been proposed to provide for the duty of the employer to take immediate steps to stop any operation where there is an imminent and serious danger to safety and health The Committee requests the Government to continue to provide information, including in the context of the ongoing review of the OSHWA, on the measures taken or envisaged, to give effect to this provision of the Convention.

Article 8(1)(b). Right of workers to select safety and health representatives and to participate in the application and review of safety measures. The Committee previously noted that section 13(5) of the OSHWA requires employers to consult with safety representatives on safety and health matters. Furthermore, section 13(6) of the OSHWA requires employers, upon request by the safety representatives, to establish a safety committee. Pursuant to section 13(4), the Minister may make regulations for the appointment and the election of safety representatives by employees to represent employees in consultations with the employers under subsection (5). The Committee notes the Government’s indication, in reply to its previous request, that although no regulation has been formulated or adopted on the appointment and election of safety and health representatives, a series of provisions have been proposed in the context of the OSHWA review that establish requirements for the functions and rights of the safety and health representatives and the requirements for their election. Noting that there are currently no regulations providing for the appointment and election of OSH representatives and awaiting the finalisation of the review of the OSHWA, the Committee reiterates its request that the Government provide information on the manner in which authorized employees, referred to in section 13 of the OSHWA, are selected and on their functions and rights in the undertaking.

Article 10. Use of agricultural machinery and equipment only for work for which they are designed and their operation by trained and competent persons. The Government indicates that two provisions have been proposed in the context of the OSHWA review that refer to the requirements with regards to operators and usage of machinery and equipment and that the OSH Regulations in Agriculture that are currently being developed will provide detailed requirements on the same. The Committee requests the Government to continue to provide information, including in the context of the ongoing review of the OSHWA and the drafting of the OSH Regulations in Agriculture,on legislative or other provisions adopted to provide for: (i) the requirement that agricultural machinery and equipment shall only be used for work for which they are designed, including the prohibition to use agricultural machinery and equipment for human transportation, unless specifically designed to do so (Article 10(a)); and (ii) the requirement that agricultural machinery and equipment are operated by trained and competent persons (Article 10(b)).

Article 14. Protection against biological hazards. The Committee notes the Government’s indication that the current OSHWA, its draft revised version and other OSH legislation provide for the protection against all types of hazards in general, without explicitly providing for the protection against biological hazards. The Government indicates that the OSH Regulations in Agriculture that are currently being developed will provide protective measures to specific types of hazards including the biological hazards. The Committee requests the Government to indicate the manner in which it is ensured, including under the new envisaged OSH Regulations in Agriculture, that risks such as those relating to infection, allergy or poisoning are prevented or kept to a minimum when biological agents are handled.

Article 19(b). Minimum accommodation standards for agricultural workers. The Government indicates that through the consultative meetings held during the review process of the OSHWA, it was agreed to develop standards/regulations to address suitable housing accommodations and that a specific provision has been proposed that refers to the provision of housing accommodations of suitable standards. The Committee requests the Government to continue to provide information on the measures taken or envisaged, including in the context of the ongoing review of the OSHWA, to prescribe the minimum accommodation standards for workers who are required by the nature of the work to live temporarily or permanently in the undertaking.