CMNT_TITLE

Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) - Canada (RATIFICATION: 2011)

Previous comments: C.187

Article 2(3) of the Convention. Consideration of the ratification of relevant occupational safety and health (OSH) Conventions of the ILO. Following its previous comments, the Committee welcomes the Government’s indication in its report concerning the ratification of the Labour Inspection Convention, 1947 (No. 81), in 2019, and its statement that the federal, provincial and territorial governments are undertaking technical reviews of the Labour Inspection (Agriculture) Convention, 1969 (No. 129), with a view to its possible ratification in the future. The Committee also notes the ratification of Violence and Harassment Convention, 2019 (No. 190) in 2023, and the ongoing consideration of the ratification of the Occupational Safety and Health Convention, 1981 (No. 155), including discussions at the Federal-Provincial-Territorial Ministers of Labour meeting in 2023. The Committee requests the Governmentto continue to provide information on any progress made in this regard, and on any other consultations undertaken with social partners to consider measures that could be taken to ratify OSH Conventions.

Article 3(2). Right of workers to a safe and healthy working environment. Following its previous comments on legislative amendments modifying the definition of “danger” in the Labour Code, the Committee notes the Government’s indication that consultations with social partners were held between July and December 2018 to examine the current definition of “danger”. The Government indicates that, according to the outcome of such consultations, there was no clear evidence warranting legislative changes, but that consensus was reached on the need to increase awareness of what is covered by the current definition and for providing further guidance on the process for refusal to work. The Committee takes note of this information, which addresses its previous request.

Article 4(1). Development and periodical review of the OSH system in consultation with the social partners. Following its previous comments, the Committee notes the information provided on the manner in which consultations are held with representative organizations of employers and workers in Prince Edward Island, the Northwest Territories, Nunavut, Nova Scotia and the Yukon. Concerning mechanisms established by the Occupational Health and Safety Act at the provincial level in Quebec, the Committee also notes the information provided by the Government regarding the adoption of the Act to modernize the occupational health and safety system in 2021. The Committee takes note of this information, which addresses its previous request.

Article 4(2)(c). Mechanisms for ensuring compliance with national laws and regulations, including systems of inspection. Noting that the Government has ratified the Labour Inspection Convention, 1947 (No. 81), the Committee refers the Government to its comments adopted under that Convention.

Article 4(3). Occupational health services. Mechanism for the collection and analysis of data on occupational injuries and diseases. Following its previous comments on the collection of statistics, the Committee notes the Government’s indication that, since 2014, the Labour Programme has worked to establish Information Sharing Agreements for each request for information from the different levels of government. The Government indicates that, over the years, the Labour Programme has disclosed its finalized fatality investigation reports to provincial coroners and to provincial and federal OSH Departments. The Committee further notes the Government’s indication that, in Alberta, British Columbia, New Brunswick, and the Yukon, occupational health services are provided in compliance with legislation. The Committee also observes that there is no information on how effect is given to Article 4(3)(a), (b) and (d) to (h) in the Northwest Territories and Nunavut, and Newfoundland and Labrador. The Committee requests the Government to provide further information on how occupational health services are provided in Alberta, British Columbia, New Brunswick, and the Yukon, as well as at the federal level and in Prince Edward Island, Saskatchewan, Manitoba, Nova Scotia, Newfoundland and Labrador, the Northwest Territories and Nunavut. The Committee also requests the Government to indicate the measures taken to give effect to Article 4(3)(a), (b), and (d) to (h) in Newfoundland and Labrador and the Northwest Territories and Nunavut. In addition, the Committee requests the Government to continue to provide information on any other measures taken to improve the mechanisms for the collection and analysis of data, including for the sharing of information between federal, provincial and territorial governmental levels.

Article 5. National OSH programme. Following its previous comments, the Committee takes due note of the different strategic plans on OSH that have been adopted at the provincial and territorial levels. TheCommittee requests the Government to continue to provide information on the evaluation and review of such strategic plans on OSH, in consultation with social partners. In the absence of information on such a strategic plan at the federal level, in Alberta, and in Prince Edward Island, the Committee requests the Government to provide information on any measures taken to formulate, implement, monitor, evaluate and review such a plan in these jurisdictions.Furthermore, while taking due noteof theStrategic Plan 2022–27 of the Safety Branch of the Department of Labour, Skills, and Immigration in Nova Scotia, the Committee requests the Government to provide further information on its indicators of progress (Article 5(2)(d)).The Committee takes due note of the Discussion Paper for the Workplace Injury Prevention Strategy lasting 2023–28 in Newfoundland and Labrador, and requests the Government to provide further information on its implementation, monitoring, evaluation and review.