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 115 (radiation protection), 119 (guarding of machinery), 120 (hygiene (commerce and offices)), 148 (air pollution, noise and vibration), and 184 (safety and health in agriculture) together.

Legislative reform and policy developments. In its previous comments, the Committee noted the Government’s reference to the development of a draft OSH Bill and draft OSH policy. The Committee notes in this regard that, according to the report of the Government, the reform is still ongoing and a number of points in the Committee’s previous comments would be dealt with in the context of the draft OSH Bill. The Government also indicates that tripartite consultations have taken place in this context. The Committee once again requests the Government to take into account the Committee’s comments in the context of its legislative reform, and to continue to provide information on the progress achieved in this regard.

Application of Conventions Nos 115, 119, 120, 148 and 184 in practice. The Committee notes the information provided by the Government on the 3,520 inspection visits conducted between 2021 and June 2024, which uncovered 207 labour law violations, including 38 violations for failing to provide safety equipment. The Government also indicates that there have been 302 accidents reported in 2024 at the time of the report. The Committee notes that the main types of occupational accidents recorded between 2021 and 2024, as listed by the Government, are those caused by machines, by chemicals, motor traffic accidents, and industrial accidents. The Committee requests the Government to continue to provide information on the application in practice of the Conventions, including on the number of occupational accidents and cases of occupational disease recorded as well as their causes. Noting the statistics provided, the Committee requests the Government to indicate the measures taken to decrease the number of occupational accidents involving machines, motor vehicles and chemicals, as well as other industrial accidents.

Protection against specific risks

Radiation Protection Convention, 1960 (No. 115)

Article 13(a) and (d) of the Convention. Duty to provide an appropriate medical examination and required remedial action based on technical findings and medical advice. Following its previous comments on this matter, the Committee notes the Government’s indication that, in accordance with the Workmen’s Compensation Act (PNDCL 187) of 1987, the employer is required to arrange for the employee to be medically examined by a medical practitioner, at no expense to the worker. The Committee notes that section 14 of the Workmen’s Compensation Act (PNDCL 187) of 1987 concerns medical examinations in the situation of an injury. The Committee requests the Government to indicate any other circumstances under which medical examinations are required because of the nature or degree of the exposure or a combination of both, and the measures ensuring that the employer shall take necessary remedial action on the basis of the technical findings and the medical advice.

Article 14. Discontinuation of assignment to work involving exposure to ionizing radiation pursuant to medical advice and alternative employment. Following its previous comments on the measures taken to give effect to this Article, the Committee notes the Government’s indication that employees are paid a retirement compensation subject to medical grounds, in situations where there are no vacancies or positions available in the establishment for a transfer. The Committee requests the Government to provide further information on the implementation of Article 14 in practice, with a view to ensuring that no worker shall be employed or shall continue to be employed in work with exposure to ionizing radiation contrary to qualified medical advice, including further information on measures for the provision of alternative employment.

Article 15. Inspection services. The Committee notes the Government’s indication that the Labour Department, the Department of Factories Inspectorate and the Ghana Standards Authority are mandated to carry out inspections in relation to the application of this Convention. The Committee observes that the annual Statistical Reports of the Ministry of Employment and Labour Relations of 2021 and 2022 contain information on the inspection activities of the Labour Department and of the Department of Factories, but do not contain specific information related to radiation work. In addition, the Committee notes that sections 71 to 74 of the Nuclear Regulatory Authority Act (No. 895), 2015, provide for the appointment of inspectors and their powers in relation to nuclear installations. The Committee requests the Government to provide information on the inspection visits conducted by the inspectors of the Nuclear Regulatory Authority, the Labour Department, the Department of Factories Inspectorate, and the Ghana Standards Authority in relation to work involving exposure to radiation, and on their results.

Guarding of Machinery Convention, 1963 (No. 119)

Articles 1 and 17 of the Convention. Scope of application. The Committee previously noted the provisions of the Factories, Offices and Shops Act, 1970, and the Mining Regulations, 1970, giving effect to the Convention in factories, offices, shops and in the mining sector. In this respect, the Committee notes that the Government reiterates its commitment to ensuring that all sectors will be considered, in the context of the draft OSH Bill. The Committee notes that the statistics provided by the Government include machines as one of the causes of reported accidents, which have overall increased from 1,043 accidents in 2022, to 1,337 in 2023. The Committee firmly hopes that measures, including the adoption of the OSH Bill, will be taken in the near future to ensure the application of this Convention in all branches of economic activity. The Committee requests the Government to provide information on the measures to address the rising number of accidents, and the measures taken in practice to ensure the application of this Convention in all sectors.

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Articles 4(2) and 8(1) of the Convention. Technical standards and establishing criteria for determining hazards. Following its previous comments on the ongoing process to adopt technical standards, the Committee notes the Government’s indication that technical standards will be finalized by the Ghana Standards Board and adopted as part of the OSH Bill. The Committee requests the Government to indicate the criteria established in this process for determining the hazards of exposure to air pollution, noise and vibration in the working environment, and to indicate the exposure limits fixed on the basis of those criteria.

Article 5. Consultations. In its previous comments, the Committee noted the Government’s reference to a tripartite body deliberating on issues related to the Convention. In the absence of any new information on this matter, the Committee once again requests the Government to provide information onthe nature of consultations held in the abovementioned tripartite body, and on any action taken as a result of those consultations.

Article 11. Medical examinations and alternative employment. Following its previous comments on the measures taken to give effect to Article 11, the Committee notes that the Government reiterates that prospective employees undergo pre-employment medical examinations at their own cost. The Government, however, indicates that regular medical examinations are provided at no cost to employees working in mining and hazardous environments, and that exit medical examinations are provided to such workers at the cost of the employer. The Committee once again recalls that, pursuant to Article 11(2), the medical supervision envisaged under Article 11(1) of the Convention, which includes a pre-assignment medical examination, shall be free of cost to the worker concerned. The Committee further observes an absence of information in response to its previous request concerning Article 11(3), on the transfer of workers to a suitable alternative employment or to maintain their income through social security or other measures, when continued assignment to work involving exposure to air pollution, noise or vibration is found to be medically inadvisable. The Committee once again requests the Government to indicate the measures taken to ensure that,where continued assignment to work involving exposure to air pollution, noise or vibration is found to be medically inadvisable, every effort shall be made to provide the worker concerned with suitable alternative employment or to maintain their income through social security measures or otherwise. The Committee also hopes that the draft OSH Bill, when adopted, will include specific provisions giving full effect to Article 11 of the Convention.

Article 12. Notification to the competent authority. Following its previous comments on the notification of the use of certain processes, substances, machinery and equipment to the Department of Factories Inspectorate, the Committee notes the Government’s indication that, during their registration or renewal, it is required to list substances, machinery and equipment used on the work premises in a form for submission to the Department of Factories Inspectorate. The Government further indicates that, upon inspection, recommendations for safe use are given to employers and workers, before the use of such substances, machinery and equipment. The Committee requests the Government to specify the processes, substances, machinery and equipment involving exposure of workers to occupational hazards in the working environment due to air pollution, noise or vibration, that are subject to this requirement of notification.

Protection in specific branches of activity

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

Article 4(1) of the Convention. National policy on safety and health in agriculture. Following its previous comments on this matter, the Committee notes the Government’s indication that the Ghana Employers’ Association (GEA) has developed an OSH Management Guidelines for the agricultural sector, in consultation with stakeholders. The Committee nevertheless recalls that, under Article 4 of the Convention, Members shall formulate, carry out and periodically review a coherent national policy on safety and health in agriculture, in the light of national conditions and practice and after consulting the representative organizations of employers and workers concerned. In this regard, the Committee notes that the guidelines developed by the GEA indicate that the legal and policy framework currently regulating the management of OSH in Ghana is fragmented, with some overlaps. The Committee accordingly requests the Government to indicate the measures it has taken to formulate a coherent national policy on safety and health agriculture, and to provide information on the consultations that took place in this regard with the representative organizations of employers and workers concerned.

Article 5. Adequate and appropriate system of inspection. Following its previous comments, the Committee notes the Government’s statement that the labour inspectorate carries out inspections in all sectors, including the agricultural sector. In this regard, the Committee notes the Government’s indication that 145 inspection visits were carried out in the agricultural sector between 2021 and June 2024. The Committee requests the Government to provide further information on the activities of the labour inspectorate in the agricultural sector, including the manner in which the Government ensures that the labour inspectorate is provided with adequate means to carry out its duties in respect of agricultural workplaces.

Article 6(2). Cooperation between two or more employers in an agricultural workplace. In the absence of information on new measures taken in this regard, the Committee once again requests the Government to ensure, including in the context of the ongoing legislative reform on OSH, that whenever two or more employers undertake activities in an agricultural workplace, or one or more employers and one or more self-employed persons undertake activities, they shall cooperate in applying the safety and health requirements.

Article 7(a) and (c). Risk assessments and adoption of preventive and protective measures. Following its previous request concerning the measures taken to give effect to Article 7(a) and (c), the Committee notes the Government’s statement that it will include provisions in the draft OSH Bill regarding appropriate risk assessment and preventive and protection measures, as well as immediate steps to stop any operation where there is an imminent and serious danger to the safety and health of workers. The Committee requests the Government to take measures, including in the context of the ongoing legislative reform on OSH, to ensure that employers in agriculture: (i) carry out appropriate risk assessments in relation to the safety and health of workers and adopt preventive and protective measures to ensure that under all conditions of their intended use, all agricultural activities, workplaces, machinery, equipment, chemicals, tools and processes under the control of the employer are safe (Article 7(a)); and (ii) take immediate steps to stop any operation where there is an imminent and serious danger to safety and health and to evacuate workers as appropriate (Article 7(c)).

Article 8. Rights and duties of workers in agriculture and their representatives. Following its previous comments on the measures taken to give effect to Article 8(1)(a), (2) and (4), the Committee notes that the OSH Management Guidelines developed by the GEA sets out various OSH and duties that workers should have, including to be informed and consulted on OSH matters, to participate in the application and review of OSH measures and, in accordance with national law and practice, to select OSH representatives and representatives in OSH. The Government also refers to a manual on OSH measures, developed by the General and Agricultural Workers Union (GAWU). The Committee also notes the Government’s indication that sensitisation programmes are organised in practice, and that tripartite consultations have taken place in the context of the draft OSH Bill. The Committee requests the Government to indicate the measures that it has taken or envisages to take to provide for the rights and duties under Article 8(1) and (2) in the context of its legislative reform on OSH.

Articles 9 and 10. Machine safety. In the absence of information, the Committee once again requests the Government to indicate the specific measures taken to: (i) prescribe that machinery, equipment, including personal protective equipment, appliances and hand tools used in agriculture, comply with national or other recognized safety and health standards and be appropriately installed, maintained and safeguarded (Article 9(1)); (ii) ensure that manufacturers, importers and suppliers comply with such standards and provide adequate and appropriate information to the users and, on request, to the competent authority (Article 9(2)); and (iii) ensure that workers receive and understand the safety and health information supplied by manufacturers, importers and suppliers (Article 9(3)). In addition, the Committee once again requests the Government to take measures to ensure that national laws and regulations: (i) prohibit the use of all agricultural machinery and equipment for purposes other than those initially envisaged (Article 10(a)); and (ii) require that all agricultural machinery and equipment be operated by trained and competent persons (Article 10(b)).

Article 11. Handling and transport of materials. Following its previous comments on this matter, the Committee notes the Government’s reference to the OSH Management Guidelines developed by the GEA and the manual developed by the General and Agricultural Workers Union. The Committee recalls, however, that Article 11 provides for the competent authority to establish the relevant safety and health requirements for the handling and transport of materials, after consulting the representative organizations of employers and workers concerned. Accordingly, the Committee once again requests the Government to provide information on any further measures taken, including in the context of the legislative OSH reform, to establish safety and health requirements for the handling and transport of materials (Article 11(1)); as well as measures taken to ensure that workers do not engage in the manual handling or transport of a load which by reason of its weight or nature is likely to jeopardize their safety and health (Article 11(2)).

Article 12. Sound management of chemicals. Following its previous comments on this matter, the Committee notes the information provided by the Government regarding the system of registration, classification, licensing and packaging of pesticides under the Environmental Protection Agency Act (No. 490) of 1994 (EPA Act). Under section 28(1) of the EPA Act, a person shall not import, export, manufacture, distribute, advertise, sell or use a pesticide unless the pesticide has been registered by the Agency. The EPA Act further contains provisions related to the classification of pesticides and their approval or refusal by the Environmental Protection Agency. Under section 50(2) of the EPA Act, where a container, label or packaging is prescribed by the Environmental Protection Agency, it is prohibited to manufacture, import, export, distribute, advertise or sell a registered pesticide other than in the package or container prescribed, or to alter the label of a pesticide so as to misrepresent its nature. In addition, the Committee notes the Government’s indication that the management of hazardous waste and expired chemicals is regulated under the Hazardous and Electronic Waste Control and Management Act (No. 917) of 2016 and the Hazardous, Electronic and Other Wastes (Classification) Control and Management Regulations 2016. The Committee takes note of this information, which addresses its previous request.

Article 13. Preventive and protective measures in agriculture for the use of chemicals and handling of chemical waste at the level of the undertaking. Following its previous comments, the Committee notes the information provided by the Government in relation to the clauses of the Good Agricultural Practices for Ghana (Ghana GAP) (GS 949-1:2011) applicable to the storage of pesticides and fertiliser, to workers’ protective clothing and equipment, to annual health checks, and to the disposal of empty pesticide containers and obsolete pesticides. The Committee further notes that section 44 of the EPA Act sets out safeguards for the use of pesticides, including that a person shall not require or permit an employee to handle or use a pesticide in the course of employment without providing and requiring the employee to use protective facilities and clothing that will permit the safe handling of pesticides. The Committee requests the Government to provide further information on the implementation in practice of provisions of the EPA Act and the Ghana GAP (GS 949-1:2011) concerning the safe handling of pesticides and the disposal of containers and chemical waste. The Committee also requests the Government to indicate any preventive and protective measures prescribed that concern agricultural activities leading to the dispersion of chemicals (Article 13(2)(b)).

Article 14. Animal handling and protection against biological risks. Following its previous comments, the Committee notes the Government’s indication that the Ghana Standards Authority has no health and safety standards concerning the handling of biological agents and that it will take the necessary steps to consider this in the future adoption of standards. The Committee requests the Government to take measures to ensure that risks are prevented or kept to a minimum when biological agents are handled, and activities involving animals, livestock and stabling areas, comply with national or other recognized health and safety standards. The Committee requests the Government to provide information on the developments in this regard.

Article 15. Agricultural installations. Following its previous comments requesting for information on the measures taken to apply Article 15, the Committee notes the Government’s indication that the Agriculture Engineering Services under the Ministry of Food and Agriculture are responsible for the construction, maintenance and repairing of agricultural installations that conform with national laws and regulations and safety and health requirements. The Committee requests the Government to specify the relevant national laws, regulations and safety and health requirements relevant to the construction, maintenance and repairing of agricultural installations.

Article 16. Young workers and hazardous work. Following its previous comments, in which it noted that the Government envisaged reviewing and updating the list of types of hazardous work under section 91 of the Children’s Act (No. 569) of 1998, the Committee notes the Government’s indication that the new list of hazardous works prohibited to young persons under 18 years of age has been developed, after consultations with social partners, and will be communicated once it has passed into law. With reference to its comment under the Worst Forms of Child Labour Convention, 1999 (No. 182), the Committee requests the Government to provide further information on the new list of hazardous works prohibited to young persons under 18 years of age, as well as any other measures taken to ensure that, in practice, children under 18 do not engage in hazardous work in agriculture (Article 16(1)).

Article 18. Pregnancy, breastfeeding and the reproductive health of women agricultural workers. Following its previous comments on the measures taken to give effect to this Article, the Committee notes that the Government refers to the existence of clauses in collective agreements, which include transferring pregnant women from work in environments involving harmful exposures to office schedules. The Committee also notes that the OSH Management Guidelines developed by the GEA recommend that systems and procedures should be put in place to ensure that pregnant or breastfeeding workers are not exposed to pesticides. The Committee requests the Government to provide further information on the measures taken to ensure that the special needs of women agricultural workers are taken into account in relation to pregnancy, breastfeeding and reproductive health.

Article 19. Welfare and accommodation facilities.The Committee once again requests the Government to provide information on the measures taken 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, pursuant to Article 19(b) of the Convention.

Article 21. Coverage for occupational injuries and diseases. Following its previous comments on the measures taken to give effect to this Article, the Committee notes the Government’s statement that all workers, including those in the agricultural sector, benefit from the social security scheme provided under the Workmen’s Compensation Act (PNDCL 187) of 1987. The Committee takes note of this information, which addresses its previous request.