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) and its Protocol of 2002, 184 (safety and health in agriculture) and 187 (promotional framework for OSH) together.

Legislative reform. In its previous comments, the Committee noted the Government’s intention to adopt new OSH legislation and to repeal Division D of the Labour Code (No. 14 of 1975) (Cap. 27) concerning employment health, safety and welfare. In this respect, the Committee notes the Government’s indication that the National Labour Board drafted an OSH Bill, but that no new legislation was enacted. The Committee requests the Government to provide information on the progress made in the adoption of the OSH Bill. It also requests the Government to provide a copy of the relevant legislation, once it has been adopted.

General provisions

Occupational Safety and Health Convention, 1981 (No. 155) , an d Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)

The Committee notes the Government’s first report concerning Convention No. 187.

Application in practice of Conventions Nos 155, and 187. The Committee notes the Government’s indication that there have been no new developments in the compilation of data on the number, nature and causes of occupational accidents and diseases. The Committee requests the Government to provide information on the application in practice of Conventions Nos 155, and 187, including information on the number, nature and causes of occupational accidents and cases of diseases reported.

Action at the national level

National policy

Article 3(3) of Convention No. 187. Measures to promote basic OSH principles and to develop a national preventive safety and health culture. The Committee notes the Government’s indication that recommendations are being drafted which include the provision of OSH training to organizations and workplaces within the country, targeting as first priority sectors such as agriculture and construction which are known to be rife with OSH violations. The Committee requests the Government to continue to provide information on the measures taken or envisaged, including the provision of OSH training in workplaces, to develop a national preventive safety and health culture in consultation with the social partners.

National system

Article 4(1) and (3) of Convention No. 187. National tripartite advisory body. Components of the national OSH system and periodic review. The Committee notes the Government’s indication that the National Labour Board is responsible for making recommendations regarding the country’s OSH policies. It also notes that the Government indicates that none of the components listed in Article 4(3)(b)–(g) of Convention No. 187 are implemented in the national system. The Committee requests the Government to provide further information on the OSH-related activities and issues addressed within the National Labour Board. The Committee also requests the Government to provide information on the measures taken to periodically review the national OSH system, and on any measures taken to develop the national OSH system, particularly with respect to the components listed in Article 4(3)(b) (information and advisory services on OSH), (c) (OSH training), (d) (occupational health services), (e) (OSH research), (f) (OSH data) and (g) (collaboration with social security) of Convention No. 187.

Article 12 of Convention No. 155. 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 there are no new developments regarding the implementation of this Article of the Convention. 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.

Article 14 of Convention No. 155. Measures to promote the inclusion of questions of OSH and the working environment at all levels of education and training.The Committee once again requests the Government to provide information on measures taken to promote questions of occupational safety and health and the working environment at all levels of education and training, including higher technical, medical and professional education.

Article 16 of Convention No. 155. Action at the level of the undertaking. The Committee previously noted that sections D13(1)(g) and D13(1)(h) of the Labour Code prescribe controlling measures to be taken by employers in respect of work being carried out with white phosphorous and benzene. The Committee notes the Government’s indication that there are no new developments regarding the measures taken to control other harmful chemicals. The Committee once again requests the Government to provide information on employers’ obligations to take measures ensuring that other chemicals, as well as physical and biological substances or agents under their control, are without risk to health when appropriate measures are taken.

National programme

Article 5 of Convention No. 187. National OSH programme. The Committee notes the Government’s indication that there is no national OSH programme. The Government also indicates that recommendations are being drafted for the implementation of informational campaigns tailored to the needs of various sectors aiming to offer guidance to employers and employees on the identification and mitigation of workplace hazards. The Committee requests the Government to take the necessary measures to establish a national OSH programme, in accordance with the requirements of Article 5(1) and 5(2) of Convention No. 187. It also requests the Government to provide information on the consultations held with employers’ and workers’ organizations and on the outcome of these consultations.

Protocol of 2002 to Convention No. 155

Articles 2 and 3 of the Protocol. Requirements and procedures for the recording of occupational accidents and occupational diseases. The Committee notes that pursuant to section D13(2) of the Labour Code the operator of any workplace shall notify the Labour Commissioner in such manner and in such particularity as the Minister may by regulations prescribe, of any industrial accident which occurs within the workplace or to any person in the employment of the operator and also of the occurrence of any occupational disease among any person or persons in their employment. The Committee requests the Government to indicate if any regulations have been prescribed under section D13(2) of the Labour Code establishing the requirements and procedures for the recording and notification of occupational accidents, occupational diseases and, as appropriate, dangerous occurrences, commuting accidents and suspected cases of occupational diseases.

Articles 6 and 7. Annual publication of statistics. The Committee requests the Government to provide information on the annual publication of statistics concerning occupational accidents, occupational diseases and, as appropriate, dangerous occurrences and commuting accidents.

Protection in specific branches of activity

Safety and Health in Agriculture Convention, 2001 (No. 1 84 )

The Committee notes the Government’s first report on Convention No. 184

Article 4(1) and (2) of the Convention. National OSH policy in agriculture. The Committee notes the Government’s indication that there is no policy on safety and health in agriculture. The Government also indicates that there have been no consultations with the representative organizations of workers and employers regarding the formulation of a policy. With reference to its comments under Articles 4, 5 and 7 of Convention No. 155 on national OSH policy, The Committee requests the Government to provide information on the progress made towards the adoption of a coherent national policy on safety and health in agriculture, after consulting the representative organizations of employers and workers concerned. It further requests the Government to provide information on the measures taken or envisaged to implement and periodically review this policy, once adopted. The Committee also requests the Government to provide information on the measures adopted or envisaged to ensure inter-sectoral coordination among relevant authorities and bodies for the agricultural sector.

Article 6(2). Cooperation between two or more employers in an agricultural workplace. The Committee notes the Government’s indication that there is no legislation relevant to the application of this Article of the Convention. With reference to its comments under Article 17 of Convention No. 155, the Committee requests the Government to provide information on the measures taken or envisaged to ensure that, whenever in an agricultural workplace two or more employers undertake activities, or whenever one or more employers and one or more self-employed persons undertake activities, they cooperate in applying the safety and health requirements.

Article 7. Duties of employers. The Committee notes the Government’s indication that there are no legislative provisions giving effect to Article 7 of the Convention. The Committee requests the Government to take measures 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 (Article 7(a)); (ii) provide adequate and appropriate training and comprehensible instructions on safety and health and any necessary guidance to workers (Article 7(b)); and (iii) 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(1)(a)–(b) and 3. Right of workers to be consulted and to participate in the application and review of safety measures, and to select safety and health representatives. The Committee notes the Government’s indication that the Ministry of Labour will receive assistance from the Canadian Ministry of Employment and Social Development in establishing workplace health and safety committees. It notes the Government’s statement that this will allow workers within an undertaking to play an active role in promoting safety in their work environment. Referring to its comments under Articles 19(a)–(e) and 20 of Convention No. 155, the Committee requests the Government to provide information on measures adopted or envisaged, including the implementation of workplace committees, to ensure that workers have the right to: (i) be informed and consulted on safety and health matters, including risks from new technologies; (ii) participate in the application and review of OSH measures; and (iii) and select safety and health representatives and representatives in OSH committees.

Article 8(1)(c) and (3). Right of workers to remove themselves from danger. The Committee notes the Government’s indication that there is no legislative measure allowing workers to remove themselves from a situation which poses an imminent threat to their safety and health. Referring to its comments under Articles 13 and 19(f) of Convention No. 155, the Committee requests the Government to provide information on the measures taken to give effect to this Article of the Convention.

Articles 9(2) and (3) and 10. Machine safety. The Committee notes the Government’s indication that there are no provisions giving effect to Articles 9 and 10 of the Convention. The Committee requests the Government to indicate the measures taken or envisaged to: (i) ensure that manufacturers, importers and suppliers comply with safety and health standards and provide adequate and appropriate information to the users and, on request, to the competent authority (Article 9(2)); and (ii) ensure that workers receive and understand the safety and health information supplied by manufacturers, importers and suppliers (Article 9(3)). The Committee also 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. The Committee notes the Government’s indication that there are no safety and health requirements pertaining to the handling and transport of materials, as well as no provisions regulating the transport of loads deemed potentially dangerous by reason of weight or volume. The Committee requests the Government to provide information on the measures taken or envisaged, in law and in practice, to give effect to Article 11 of the Convention.

Article 12(b) and (c). Sound management of chemicals. The Committee notes the Government’s indication that section 5 of the National Solid Waste Management Authority Act, 1995 (No. 10 of 1995) empowers the National Solid Waste Management Authority to own, operate or otherwise provide for the management of hazardous wastes. The Committee requests the Government to provide information on how national legislation ensures that those who produce, import, provide, sell, transfer, store or dispose of chemicals used in agriculture comply with safety and health standards, and provide adequate and appropriate information to users (Article 12(b)). It also requests the Government to provide information on the manner in which the National Solid Waste Management Authority ensures the safe collection, recycling and disposal of chemical waste, obsolete chemicals and empty containers of chemicals so as to avoid their use for other purposes and to eliminate or minimize the risks to safety and health and to the environment (Article 12(c)).

Article 13. Preventive and protective measures in agriculture for the use of chemicals and handling of chemical waste at the level of the undertaking. The Committee notes the Government’s indication that there are no regulations giving effect to Article 13. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that there are preventive and protective measures for the use of chemicals and handling of chemical waste at the level of the undertaking.

Article 14. Animal handling and protection against biological risks. The Committee notes the Government’s indication that there are no regulations giving effect to Article 14 of the Convention. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that: (i) risks such as those of infection, allergy or poisoning are prevented or kept to a minimum when biological agents are handled, and (ii) activities involving animals, livestock and stabling areas, comply with national or other recognized health and safety standards.

Article 16. Young workers and hazardous work. The Committee notes that section E3 of the Labour Code prohibits people who have not attained the age of 14 from working in any private or public agricultural undertaking. In addition, the Committee notes the Government’s indication that an assessment was conducted in 2023 to determine the prevalence of child labour in Antigua and Barbuda and that, at the subsequent consultations held in June 2024, it was recommended that the country gives effect to a list of jobs deemed dangerous for persons below the age of 18. With reference to its comments under the Minimum Age Convention, 1973 (No. 138), the Committee requests the Government to take the necessary measures to ensure that children under 18 do not engage in hazardous work in agriculture (Article 16(1)), and that the types of employment or work in agriculture considered as hazardous are determined, after consultation with the representative organizations of employers and workers concerned (Article 16(2)). The Committee also requests the Government to provide information on any progress made in this regard.

Article 18. Pregnancy, breastfeeding and the reproductive health of women agricultural workers. The Committee notes the Government’s indication that there are no provisions giving effect to this Article of the Convention. The Committee requests the Government to provide information on the measures taken or envisaged 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 takes note that section D12 of the Labour Code sets out facilities that must be provided by employers to ensure the welfare of their workers. The Committee requests the Government to provide information on the measures taken or envisaged to: (i) ensure that welfare facilities are provided at no cost to the worker (Article 19(a)); and (ii) prescribe the minimum accommodation standards for workers who are required by the nature of the work to live temporarily or permanently in the undertaking (Article 19(b)).