National Legislation on Labour and Social Rights
Global database on occupational safety and health legislation
Employment protection legislation database
DISPLAYINEnglish - French - Spanish
Repetition Follow-up to technical assistance. The Committee has been informed that technical assistance aiming at ensuring an effective follow-up to its comments on the application of this Convention was provided in 2011. The Committee invites the Government to provide detailed information on the outcome of this technical assistance.
The Committee notes the Government’s reply that the Labour Department is awaiting a response from the competent authority in order to enable it to adequately address the concerns previously raised by the Committee. The Committee further notes that the Government seeks technical assistance in training of reporting officers and relevant partners so as to improve the reporting performance as well as the application of the Convention in law and practice. The Committee requests the Government to keep the Office informed of any progress in this respect and invites the Government to make a formal request to the Office for technical assistance in the development of legislation giving effect to the provisions of the Convention.
[The Government is asked to report in detail in 2012.]
1. The Committee notes the information provided by the Government in its most recent report including replies to the Committee’s previous comments. It requests the Government to provide the following additional information.
2. The application of all Articles of the Convention. With reference to the Government’s report submitted in 2006, the Committee had noted that the Government indicated that the radiation protection and safety guides were nonbinding documents. The Committee notes, however, that in this year’s report the Government seems to indicate that these guides would be legally binding and adopted with a view to ensuring the application of the Convention. In terms of relevant legislation, the Committee also notes that the Government indicated that Act No. 204 of 1963 would have been abrogated by the Atomic Energy Act No. 588 of 2000. As the Government has not provided the Committee with a copy of this recent Act, it has not been in a position to verify whether the Regulation No. 1559 of 1993, regulating, inter alia, the control and use of sources of ionizing radiation and exposure of persons to ionizing radiation, adopted in implementation of the abrogated Act, would still be in force or not. The Committee also notes that the Government indicates that according to the new Labour Code of 2003 the Ministry of Labour would be entitled to adopt regulations providing for specific measures to be taken by employers to safeguard the health and safety of workers employed by them, but that this has not yet been done. In view of the foregoing, and with reference to the general observation of 1992 on the application of this Convention, the Committee requests the Government to take all relevant measures to ensure the full application of this Convention, in law and in practice. The Government is also requested to clarify the legal status of the radiation protection and safety guides and whether Regulation No. 1559 of 1993 is still in force. The Government is invited to take due account of the recommendations concerning maximum dose limits for exposure to ionizing radiation adopted in 1990 by the International Commission on Radiological Protection (ICRP) and is finally requested to submit copies of all relevant legislative texts to the Committee.
3. Part V of the report form. Application in practice. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in the country, supplying, for example, statistical information on the number of workers covered by the measures giving effect to the Convention, extracts from reports of the inspection services and information concerning the number and nature of contraventions reported and the action taken on them, etc.
1. The Committee notes the information contained in the Government’s report. However, it notes that the Government’s report does not contain any reply to the Committee’s previous comments. The Committee is therefore obliged to repeat its previous observation and urges the Government to provide detailed information on the following points:
1. The application of all Articles of the Convention. The Committee has on numerous occasions previously drawn attention to the urgent need for the Government to adopt legislative binding measures in order to ensure the full application of the Convention. Unfortunately, the Committee notes from the Government’s latest report that it still has not provided any reply to previous comments, that it continues to refer to the Radiation Protection and Safety Guides it has adopted, which the Government recognizes are not legally binding and which therefore do not ensure the application of the Convention. The Committee also notes that the Government still has not provided copies of documents required by the Committee for an appropriate appreciation of the manner in which the Convention is applied in Ghana. The Committee therefore feels obliged to once again repeat its previously expressed serious concern of the manner in which the Government applies the Convention and hopes that measures are taken with urgency in order to ensure the full effective protection of workers against ionizing radiation at the workplace, based on the dose limits for exposure adopted by the International Commission on Radiological Protection (ICRP) in 1990. The Committee urges the Government to provide detailed information in its next report on all legislative measures taken or envisaged to ensure the full application of the Convention.
2. The Committee notes the reference made by the Government to Radiation Protection Instrument No. 1559 of 1993, adopted under the Atomic Energy Act No. 204 of 1963, regulating inter alia the control and use of radiation sources and application of ionizing radiation to persons. Noting that a new Atomic Energy Act was adopted in 2000 (Act No. 588 of 2000), the Committee requests the Government to clarify whether Act No. 204 of 1963 has been replaced or supplemented by Act No. 588 of 2000, to provide a copy of the latter Act and to provide information in its next report on measures taken or envisaged to adopt a new radiation protection instrument in order to ensure the effective protection of workers against ionizing radiation at the workplace.
3. The Committee also notes from reports submitted under Convention Nos. 29, 98 and 182 that on 8 October 2003 a new Labour Act (Act No. 651) has been adopted and that it entered into force on 31 March 2004, indicating that legislative measures are in the process of being undertaken. It notes in particular that Part XV regulates general safety and health conditions and that sections 121 and 174(e) provide the possibility for the minister to issue regulations providing for specific measures to be taken by employers to safeguard the health and safety of workers employed by them. The Committee also notes that under section 122(a) labour inspections shall be carried out in order to ensure the enforcement of provisions relating to the safety, health and welfare of workers under the Labour Act. The Committee requests the Government to provide information in its next report on measures taken or envisaged to issue legally binding instruments under the Labour Act in order to give effect to the Convention and to provide copies of any proposed and/or adopted legislation. It also asks the Government to provide information with its next report on labour inspections carried out with respect to radiation work.
[The Government is asked to reply in detail to the present comments in 2007.]
2. The Committee notes the reference made by the Government to the Radiation Protection Instrument No. 1559 of 1993, adopted under the Atomic Energy Act No. 204 of 1963, regulating inter alia the control and use of radiation sources and application of ionizing radiation to persons. Noting that a new Atomic Energy Act was adopted in 2000 (Act No. 588 of 2000), the Committee requests the Government to clarify whether Act No. 204 of 1963 has been replaced or supplemented by Act No. 588 of 2000, to provide a copy of the latter Act and to provide information in its next report on measures taken or envisaged to adopt a new radiation protection instrument in order to ensure the effective protection of workers against ionizing radiation at the workplace.
[The Government is asked to reply in detail to the present comments in 2006.]
The Committee takes note of the Government’s last report. With reference to its previous comments, the Committee draws the Government’s attention to the following points that urgently need to be addressed by the Government in order to comply with the provisions of the Convention.
1. The Committee notes the Radiation Protection and Safety Guides, GRPB - G1 to G5, adopted in 1995 and 1998 respectively containing provisions on the qualification and certification of radiation protection personnel (GRPB - G1), the notification and authorization by registration or licensing, exemptions and exclusions (GRPB - G2), dose limits (GRPB - G3), inspection (GRPB - G4), and the safe use of X-rays (GRPB - G5). The Committee notes that the provisions to be found in the guides enclose substantive provisions which respond to a number of the requirements set forth in the provisions of the Convention. It notes, however, the Government’s indication, confirmed by the prefaces to these guides, that the Radiation Protection and Safety Guides are only supporting documents and therefore do not have any legal, thus binding, effect. In this regard, the Committee recalls its comments, which it had made for more than 15 years, explaining that non-binding guides do not suffice for the application of the Convention. In order to ensure effective protection of workers, regarding their health and safety, against ionising radiation, as provided for in Article 3, paragraph 1, of the Convention, the Government must take the necessary measures by means of laws or regulations, which do not leave it to the discretion of the employer whether or not he puts into operation the provisions contained therein. The Committee therefore again urges the Government to take the necessary measures to ensure effective protection of workers against ionising radiations, in compliance with the provisions of the Convention. In this context, the Committee refers to the Government’s declarations, contained in its reports since 1968, that a Bill, entitled the Radiation Protection Bill, to give legal effect to the provisions of the guides was under preparation. The Committee had noted in its previous comments that the adoption of the Bill has been postponed because of reorganization measures taken following a change of the Government. The Committee observes that the Government does not refer any more to this Bill in its report. The Committee accordingly requests the Government to indicate whether it continues to envisage the adoption of this Bill, or whether the legislative process has been renounced. The Committee moreover notes that, according to the Government’s indications, the Radiation Protection and Safety Guide, GRPB - G3, contains the BSS dose limitation system for occupational exposure to ionising radiation. However, as this text has not been available to the Committee, it has not been in a position to examine its content in order to assess the extent to which this text would apply Articles 3 and 6, paragraph 1, of the Convention, even though this Guide does not have force of law. The Committee accordingly again strongly suggests that the Government take the necessary steps to ensure that the text designed to give effect to the Convention, for which the preparations started more than 30 years ago, is adopted in the near future. The Committee requests the Government to keep the Office informed on any progress made in this regard.
2. Article 8. The Committee notes the Government’s indication that the annual dose limit, established in the Radiation Protection and Safety Guide, GRPB - G3, is 5 mSv for members of the public. The Committee recalls paragraph 14 of its 1992 general observation under the Convention, in which it refers to the dose limits for exposure adopted in 1990 by the International Commission on Radiological Protection (ICRP), since they reflect the current knowledge which is the determining factor for the establishment of the dose limits for the different categories of workers (Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention). The ICRP fixes the annual dose limit for the general public at 1 mSv. In view of this fact, the Committee hopes that the Government will take the necessary measures to reduce the annual dose limit for exposure to ionising radiations of the public from 5 mSv to 1 mSv.
3. Article 12. The Committee notes the Government’s indication, according to which pre-employment medical examinations and subsequent medical examinations have to be carried out for workers exposed to ionising radiation in the course of their work. As to the periodicity of the medical examinations during the employment, the Government specifies that medical examinations are required every six months if the exposure exceeds 6 mSv. The Committee requests the Government to indicate the legal basis providing for the indicated medical examinations of workers.
4. Article 13(b). The Committee notes the Government’s indication that the licensee/registrant of an authorization for using ionising radiation is required to notify to the Radiation Protection Board any incident that might lead to an overexposure requiring protective action and the steps taken to bring the situation under control. The Government is asked to indicate the legal basis.
5. Further to its previous comments, the Committee notes that the following provisions of the Convention are not even covered by the Radiation Protection and Safety Guides: Article 13(a) and (d) (circumstances under which, due to the nature and/or degree of exposure, workers shall undergo appropriate medical examinations, necessary remedial action to be taken by the employer on the basis of the technical findings and the medical advice); and Article 14 (provision of alternative employment to radiation workers who have already received an effective dose beyond which they would suffer a detriment considered to be unacceptable). The Committee urges the Government to take the necessary measures to address these matters through regulations that are enforceable.
6. Finally, the Committee requests the Government to supply a copy of the Radiation Protection and Safety Guide, GRPB - G3, on dose limits.
The Committee reiterates its firm hope that the Government will make every effort to take the necessary action without any further delay.
The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which reads as follows:
With reference to its previous comments, the Committee notes the Government’s indication in its latest report that the issue raised by the Committee has been given consideration and the appropriate response is being prepared. The Committee recalls that its previous observations read as follows: I. In comments it has been making for over 15 years, the Committee has noted that protection against hazards due to radiation has only been provided by means of the non-binding Code of Practice for the Protection of Persons Exposed to Ionizing Radiations; the Committee had also taken note of the Government’s indication that a Radiation Bill was being prepared in order to give legal effect to the Code of Practice. In its 1989 observation, the Committee noted the Government’s indication that the Radiation Bill had still not been adopted, but that it would be given prompt attention upon the re-establishment of the National Advisory Committee on Labour. The Committee notes from the Government’s report, received in 1991, that there has been no change in the application of the Convention. The Committee would call the Government’s attention to its general observation under this Convention which sets forth the revised system of radiological protection adopted by the International Commission on Radiological Protection on the basis of new physiological findings in its 1990 Recommendations (Publication No. 60). The Committee would recall that, under Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention, all appropriate steps shall be taken to ensure effective protection of workers against ionizing radiations and to review maximum permissible doses of ionizing radiations in the light of current knowledge. The Government is requested to indicate the steps taken or being considered in relation to the matters raised in the conclusions to the general observation, in particular as regards bringing the Radiation Bill under preparation into conformity with the present state of knowledge. The Committee hopes that the Radiation Bill with any necessary amendments will soon be adopted and that it also will ensure the application of the following provisions of the Convention which are not covered by the Code of Practice: Article 9, paragraph 2 (instructions to be given to workers as to the precautions to be taken for their health and safety when working with ionizing radiations); Article 13(a), (b) and (d) (circumstances under which, due to the nature and/or degree of exposure, workers shall undergo appropriate medical examinations, employers shall notify the competent authority and shall take any necessary remedial action on the basis of the technical findings and the medical advice); and Article 14 (to ensure that no worker is employed or continues to be employed in work involving exposure to ionizing radiations contrary to qualified medical advice). The Government is requested to indicate the progress made in these respects. II. The Government is requested to provide information concerning the methods by which application of the Code of Practice is presently supervised and enforced, as requested under Part III of the report form, as well as any relevant extracts from official reports concerning the practical application of the Convention, as called for under Part IV of the report form.
With reference to its previous comments, the Committee notes the Government’s indication in its latest report that the issue raised by the Committee has been given consideration and the appropriate response is being prepared.
The Committee recalls that its previous observations read as follows:
I. In comments it has been making for over 15 years, the Committee has noted that protection against hazards due to radiation has only been provided by means of the non-binding Code of Practice for the Protection of Persons Exposed to Ionizing Radiations; the Committee had also taken note of the Government’s indication that a Radiation Bill was being prepared in order to give legal effect to the Code of Practice. In its 1989 observation, the Committee noted the Government’s indication that the Radiation Bill had still not been adopted, but that it would be given prompt attention upon the re-establishment of the National Advisory Committee on Labour. The Committee notes from the Government’s report, received in 1991, that there has been no change in the application of the Convention.
The Committee would call the Government’s attention to its general observation under this Convention which sets forth the revised system of radiological protection adopted by the International Commission on Radiological Protection on the basis of new physiological findings in its 1990 Recommendations (Publication No. 60). The Committee would recall that, under Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention, all appropriate steps shall be taken to ensure effective protection of workers against ionizing radiations and to review maximum permissible doses of ionizing radiations in the light of current knowledge. The Government is requested to indicate the steps taken or being considered in relation to the matters raised in the conclusions to the general observation, in particular as regards bringing the Radiation Bill under preparation into conformity with the present state of knowledge.
The Committee hopes that the Radiation Bill with any necessary amendments will soon be adopted and that it also will ensure the application of the following provisions of the Convention which are not covered by the Code of Practice: Article 9, paragraph 2 (instructions to be given to workers as to the precautions to be taken for their health and safety when working with ionizing radiations); Article 13(a), (b) and (d) (circumstances under which, due to the nature and/or degree of exposure, workers shall undergo appropriate medical examinations, employers shall notify the competent authority and shall take any necessary remedial action on the basis of the technical findings and the medical advice); and Article 14 (to ensure that no worker is employed or continues to be employed in work involving exposure to ionizing radiations contrary to qualified medical advice). The Government is requested to indicate the progress made in these respects.
II. The Government is requested to provide information concerning the methods by which application of the Code of Practice is presently supervised and enforced, as requested under Part III of the report form, as well as any relevant extracts from official reports concerning the practical application of the Convention, as called for under Part IV of the report form.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.
With reference to its previous comments, the Committee notes the Government's indication in its latest report that the issue raised by the Committee has been given consideration and the appropriate response is being prepared.
I. In comments it has been making for over 15 years, the Committee has noted that protection against hazards due to radiation has only been provided by means of the non-binding Code of Practice for the Protection of Persons Exposed to Ionizing Radiations; the Committee had also taken note of the Government's indication that a Radiation Bill was being prepared in order to give legal effect to the Code of Practice. In its 1989 observation, the Committee noted the Government's indication that the Radiation Bill had still not been adopted, but that it would be given prompt attention upon the re-establishment of the National Advisory Committee on Labour. The Committee notes from the Government's report, received in 1991, that there has been no change in the application of the Convention.
The Committee would call the Government's attention to its general observation under this Convention which sets forth the revised system of radiological protection adopted by the International Commission on Radiological Protection on the basis of new physiological findings in its 1990 Recommendations (Publication No. 60). The Committee would recall that, under Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention, all appropriate steps shall be taken to ensure effective protection of workers against ionizing radiations and to review maximum permissible doses of ionizing radiations in the light of current knowledge. The Government is requested to indicate the steps taken or being considered in relation to the matters raised in the conclusions to the general observation, in particular as regards bringing the Radiation Bill under preparation into conformity with the present state of knowledge.
II. The Government is requested to provide information concerning the methods by which application of the Code of Practice is presently supervised and enforced, as requested under point III of the report form, as well as any relevant extracts from official reports concerning the practical application of the Convention, as called for under point IV of the report form.
The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:
I. In comments it has been making for over 15 years, the Committee has noted that protection against hazards due to radiation has only been provided by means of the non-binding Code of Practice for the Protection of Persons Exposed to Ionizing Radiations; the Committee had also taken note of the Government's indication that a Radiation Bill was being prepared in order to give legal effect to the Code of Practice. In its 1989 observation, the Committee noted the Government's indication that the Radiation Bill had still not been adopted, but that it would be given prompt attention upon the re-establishment of the National Advisory Committee on Labour. The Committee notes from the Government's report, received in 1991, that there has been no change in the application of the Convention. The Committee would call the Government's attention to its general observation under this Convention which sets forth the revised system of radiological protection adopted by the International Commission on Radiological Protection on the basis of new physiological findings in its 1990 Recommendations (Publication No. 60). The Committee would recall that, under Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention, all appropriate steps shall be taken to ensure effective protection of workers against ionizing radiations and to review maximum permissible doses of ionizing radiations in the light of current knowledge. The Government is requested to indicate the steps taken or being considered in relation to the matters raised in the conclusions to the general observation, in particular as regards bringing the Radiation Bill under preparation into conformity with the present state of knowledge. The Committee hopes that the Radiation Bill with any necessary amendments will soon be adopted and that it also will ensure the application of the following provisions of the Convention which are not covered by the Code of Practice: Article 9, paragraph 2 (instructions to be given to workers as to the precautions to be taken for their health and safety when working with ionizing radiations); Article 13(a), (b) and (d) (circumstances under which, due to the nature and/or degree of exposure, workers shall undergo appropriate medical examinations, employers shall notify the competent authority and shall take any necessary remedial action on the basis of the technical findings and the medical advice); and Article 14 (to ensure that no worker is employed or continues to be employed in work involving exposure to ionizing radiations contrary to qualified medical advice). The Government is requested to indicate the progress made in these respects. II. The Government is requested to provide information concerning the methods by which application of the Code of Practice is presently supervised and enforced, as requested under point III of the report form, as well as any relevant extracts from official reports concerning the practical application of the Convention, as called for under point IV of the report form.
The Committee hopes that the Government will make every effort to take the necessary action in the very near future.
The Committee notes that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:
I. In comments it has been making for over 15 years, the Committee has noted that protection against hazards due to radiation has only been provided by means of the non-binding Code of Practice for the Protection of Persons Exposed to Ionising Radiations; the Committee had also taken note of the Government's indication that a Radiation Bill was being prepared in order to give legal effect to the Code of Practice. In its previous observation, the Committee noted the Government's indication that the Radiation Bill had still not been adopted, but that it would be given prompt attention upon the re-establishment of the National Advisory Committee on Labour. The Committee notes from the Government's report that there has been no change in the application of the Convention.
The Committee would call the Government's attention to its general observation under this Convention which sets forth the revised system of radiological protection adopted by the International Commission on Radiological Protection on the basis of new physiological findings in its 1990 Recommendations (Publication No. 60). The Committee would recall that, under Article 3, paragraph 1 and Article 6, paragraph 2 of the Convention, all appropriate steps shall be taken to ensure effective protection of workers against ionising radiations and to review maximum permissible doses of ionising radiations in the light of current knowledge. The Government is requested to indicate the steps taken or being considered in relation to the matters raised in the conclusions to the general observation, in particular as regards bringing the Radiation Bill under preparation into conformity with the present state of knowledge.
The Committee hopes that the Radiation Bill with any necessary amendments will soon be adopted and that it also will ensure the application of the following provisions of the Convention which are not covered by the Code of Practice: Article 9, paragraph 2 (instructions to be given to workers as to the precautions to be taken for their health and safety when working with ionising radiations); Article 13(a), (b) and (d) (circumstances under which, due to the nature and/or degree of exposure, workers shall undergo appropriate medical examinations, employers shall notify the competent authority and shall take any necessary remedial action on the basis of the technical findings and the medical advice); and Article 14 (to ensure that no worker is employed or continues to be employed in work involving exposure to ionising radiations contrary to qualified medical advice). The Government is requested to indicate the progress made in these respects.
With reference to its previous observations, the Committee notes from the Government's report that the Radiation Bill has still not been adopted, but that it will be given prompt attention upon the re-establishment of the National Advisory Committee on Labour. The Committee can only reiterate the hope that the Bill, to which reference has been made for more than 15 years, will be adopted without further delay and that a copy will be sent with the next report.