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

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The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

Article 4 of the Convention. National laws and regulations, technical standards, codes of practice or other appropriate methods. The Committee previously noted the Government’s intention to consider developing regulations, in accordance with the Public Health Act, empowering the Minister of Health to make regulations for the protection of the health of persons exposed to conditions, substances or processes, which occur in any industry or occupation that may be injurious to health. The Committee notes the Government’s indication in its report, that in 2019, the Government aims to introduce the legislation concerning occupational safety and health, and this will address matters related to the working environment of workers engaged in areas which produce air pollution, noise and vibration. Further, the Committee notes the information provided in the Government’s supplementary report that the Ministry of Home Affairs (in collaboration with the Attorney General’s Chambers) has completed a first full draft of the Labour (Welfare and Equality) Act. The Government states that this draft is currently under review and makes reference to health and safety and includes provisions on air quality, noise and vibration. The Committee requests the Government to take the necessary measures to ensure the prevention and control of, and protection against, occupational hazards in the working environment due to air pollution in accordance with Article 4, including in the course of introducing the segment of the labour legislation concerning OSH, and to continue to provide information on any legislation adopted in this respect.

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Article 4 of the Convention. National laws and regulations, technical standards, codes of practice or other appropriate methods. The Committee previously noted the Government’s intention to consider developing regulations, in accordance with the Public Health Act, empowering the Minister of Health to make regulations for the protection of the health of persons exposed to conditions, substances or processes, which occur in any industry or occupation that may be injurious to health. The Committee notes the Government’s indication in its report, that in 2019, the Government aims to introduce the legislation concerning occupational safety and health, and this will address matters related to the working environment of workers engaged in areas which produce air pollution, noise and vibration. In this respect, the Committee notes that the Labour Code adopted in 2018 contains certain provisions only related to disposal of waste, noise, and vibration. The Committee requests the Government to take the necessary measures to ensure the prevention and control of, and protection against, occupational hazards in the working environment due to air pollution in accordance with Article 4, including in the course of introducing the segment of the labour legislation concerning OSH, and to provide information on the amendments to the present Labour Code or new regulations once they are adopted.

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The Committee notes that the Government’s report contains no reply to its previous comments. It is therefore bound to repeat its following comment.

Repetition

The Committee recalls that the obligations under this Convention in respect of air pollution were accepted and made applicable to Anguilla by declaration without modification on 11 July 1980, and that the Committee has repetitively drawn the attention of the Government to Article 4 of the Convention which provides that national laws or regulations shall prescribe that measures be taken for the prevention and control of, and protection against occupational hazards in the working environment due to air pollution and that provisions concerning the practical implementation of these measures may be adopted through technical standards, codes of practice or other appropriate methods. The Committee again urges the Government to take the necessary measures either by means of adopting regulations under section 20(1) of Labour Ordinance No. 8 of 1996 or by adopting other appropriate methods to ensure the protection of workers against hazards due to air pollution and invites the Government to report on progress in this respect.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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The Committee notes with regret that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

The Committee notes that in reply to its previous comments, the Government has again indicated that regulations have not yet been issued to ensure the protection of workers against hazards due to air pollution, but that pursuant to the Public Health Act, Chapter P 125, the Minister of Health is empowered to take all necessary action to remove and correct any nuisance that may be injurious to public health and that the environmental health officers have the power to enter into any workplace and made any inspection or examination as may be deemed necessary for the purpose of the Act, and that the Minister also has the power to make regulations for the protection of the health of persons exposed to conditions, substances or processes, which occur in any industry or occupation that may be injurious to health. It also notes that although no such regulations have yet been adopted, the Government indicates that it will give consideration to developing such regulations.

The Committee recalls that the obligations under this Convention in respect of air pollution were accepted and made applicable to Anguilla by declaration without modification on 11 July 1980, and that the Committee has in several previous comments since 1991 drawn the attention of the Government to Article 4 of the Convention which provides that national laws or regulations shall prescribe that measures be taken for the prevention and control of, and protection against occupational hazards in the working environment due to air pollution and that provisions concerning the practical implementation of these measures may be adopted through technical standards, codes of practice or other appropriate methods. The Committee urges the Government to take the necessary measures either by means of adopting regulations under section 20(1) of Labour Ordinance No. 8 of 1996 or by adopting other appropriate methods to ensure the protection of workers against hazards due to air pollution and invites the Government to report on progress in this respect.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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The Committee notes that the Government’s report contains no reply to its previous comments. It is therefore bound to repeat its previous comments.

Repetition

The Committee notes that in reply to its previous comments, the Government has again indicated that regulations have not yet been issued to ensure the protection of workers against hazards due to air pollution, but that pursuant to the Public Health Act, Chapter P 125, the Minister of Health is empowered to take all necessary action to remove and correct any nuisance that may be injurious to public health and that the environmental health officers have the power to enter into any workplace and made any inspection or examination as may be deemed necessary for the purpose of the Act, and that the Minister also has the power to make regulations for the protection of the health of persons exposed to conditions, substances or processes, which occur in any industry or occupation that may be injurious to health. It also notes that although no such regulations have yet been adopted, the Government indicates that it will give consideration to developing such regulations.

The Committee recalls that the obligations under this Convention in respect of air pollution were accepted and made applicable to Anguilla by declaration without modification on 11 July 1980, and that the Committee has in several previous comments since 1991 drawn the attention of the Government to Article 4 of the Convention which provides that national laws or regulations shall prescribe that measures be taken for the prevention and control of, and protection against occupational hazards in the working environment due to air pollution and that provisions concerning the practical implementation of these measures may be adopted through technical standards, codes of practice or other appropriate methods. The Committee urges the Government to take the necessary measures either by means of adopting regulations under section 20(1) of Labour Ordinance No. 8 of 1996 or by adopting other appropriate methods to ensure the protection of workers against hazards due to air pollution and invites the Government to report on progress in this respect.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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The Committee notes that in reply to its previous comments, the Government has again indicated that regulations have not yet been issued to ensure the protection of workers against hazards due to air pollution, but that pursuant to the Public Health Act, Chapter P 125, the Minister of Health is empowered to take all necessary action to remove and correct any nuisance that may be injurious to public health and that the environmental health officers have the power to enter into any workplace and made any inspection or examination as may be deemed necessary for the purpose of the Act, and that the Minister also has the power to make regulations for the protection of the health of persons exposed to conditions, substances or processes, which occur in any industry or occupation that may be injurious to health. It also notes that although no such regulations have yet been adopted, the Government indicates that it will give consideration to developing such regulations.

The Committee recalls that the obligations under this Convention in respect of air pollution were accepted and made applicable to Anguilla by declaration without modification on 11 July 1980, and that the Committee has in several previous comments since 1991 drawn the attention of the Government to Article 4 of the Convention which provides that national laws or regulations shall prescribe that measures be taken for the prevention and control of, and protection against occupational hazards in the working environment due to air pollution and that provisions concerning the practical implementation of these measures may be adopted through technical standards, codes of practice or other appropriate methods. The Committee urges the Government to take the necessary measures either by means of adopting regulations under section 20(1) of Labour Ordinance No. 8 of 1996 or by adopting other appropriate methods to ensure the protection of workers against hazards due to air pollution and invites the Government to report on progress in this respect.

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1. The Committee takes note of the Government’s report. The Committee notes that in reply to its previous comments, the Government has indicated that no regulations have yet been issued to ensure the protection of workers against hazards due to air pollution. The Committee recalls in this regard that the obligations under this Convention in respect of air pollution were accepted and made applicable to Anguilla by declaration without modification dated 11 July 1980. The Committee further recalls that it had in several previous comments drawn the attention of the Government to Article 4 of the Convention which provides that national laws or regulations shall prescribe that measures be taken for the prevention and control of, and protection against, occupational hazards in the working environment due to air pollution and that provisions concerning the practical implementation of these measures may be adopted through technical standards, codes of practice or other appropriate methods.

2. The Committee also recalls that it had in several previous comments made since the year 1991 expressed the hope that the Government would take the necessary measures either by means of adopting regulations under section 20(1) of Labour Ordinance No. 8 of 1996 or by adopting other appropriate methods to ensure the protection of workers against hazards due to air pollution.

3. The Committee further recalls that the Government had in its report furnished in the year 2000 indicated that it intended before the end of the year to take measures to ensure that national laws and regulations are prescribed in accordance with the Convention. In the circumstances, the Committee regrets to note that the Government has still not taken the necessary measures to protect workers against the hazards caused by air pollution.

4. The Committee trusts that the Government will in the very near future take appropriate measures to protect workers against the hazards of air pollution and requests the Government to indicate in its next report, the measures taken or envisaged in this regard.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes from the Government’s report that the Government regrets that, due to an extremely busy legislative agenda, it has yet to address the Committee’s previous comments. The Government indicates that it has the intention to take measures to ensure that national laws and regulations are prescribed in accordance with the Convention. The Committee hopes these measures will be taken soon and that they will address the following points.

The Committee would recall that the obligations of this Convention in respect of air pollution were accepted and made applicable to Anguilla by declaration without modification dated 11 July 1980. It would draw the Government’s attention to Article 4 of the Convention which provides that national laws or regulations shall prescribe that measures be taken for the prevention and control of, and protection against, occupational hazards in the working environment due to air pollution, and that provisions concerning the practical implementation of these measures may be adopted through technical standards, codes of practice, and other appropriate methods.

The Committee had noted in its previous comments that section 20(1) of Labour Ordinance No. 8 of 1966 provided that the Administrator in Council may make regulations generally for the proper carrying out of its provisions. The Committee further noted that, under section 5 of the Ordinance, the Labour Commissioner shall use his or her utmost endeavour to safeguard and promote the general welfare of workers in the colony and shall regularly supervise and review the conditions of the various forms of employment. The Committee hopes that the Government will take the necessary measures either by means of adopting regulations under section 20(1) of the Ordinance or by adopting other appropriate methods to ensure the protection of workers against hazards due to air pollution. In this regard, the Government could consider reviewing the United Kingdom Control of Substances Hazardous to Health Regulations of 1988 (amended in 1990) which set forth specific provisions concerning the protection of workers’ health against hazards due to air pollution and, in particular, establish criteria for determining these hazards and fix exposure limits to a variety of substances, in accordance with Article 8. The Committee trusts that the Government will be in a position to indicate, in its next report, the measures taken or envisaged to ensure the application of this Convention.

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The Committee notes from the Government’s report that the Government regrets that, due to an extremely busy legislative agenda, it has yet to address the Committee’s previous comments. The Government indicates that it has the intention to take measures to ensure that national laws and regulations are prescribed in accordance with the Convention. The Committee hopes these measures will be taken soon and that they will address the points raised in its previous direct request, which read as follows:

The Committee would recall that the obligations of this Convention in respect of air pollution were accepted and made applicable to Anguilla by declaration without modification dated 11 July 1980. It would draw the Government’s attention to Article 4 of the Convention which provides that national laws or regulations shall prescribe that measures be taken for the prevention and control of, and protection against, occupational hazards in the working environment due to air pollution, and that provisions concerning the practical implementation of these measures may be adopted through technical standards, codes of practice, and other appropriate methods.

The Committee had noted in its previous comments that section 20(1) of Labour Ordinance No. 8 of 1966 provided that the Administrator in Council may make regulations generally for the proper carrying out of its provisions. The Committee further noted that, under section 5 of the Ordinance, the Labour Commissioner shall use his or her utmost endeavour to safeguard and promote the general welfare of workers in the colony and shall regularly supervise and review the conditions of the various forms of employment. The Committee hopes that the Government will take the necessary measures either by means of adopting regulations under section 20(1) of the Ordinance or by adopting other appropriate methods to ensure the protection of workers against hazards due to air pollution. In this regard, the Government could consider reviewing the United Kingdom Control of Substances Hazardous to Health Regulations of 1988 (amended in 1990) which set forth specific provisions concerning the protection of workers’ health against hazards due to air pollution and, in particular, establish criteria for determining these hazards and fix exposure limits to a variety of substances, in accordance with Article 8. The Committee trusts that the Government will be in a position to indicate, in its next report, the measures taken or envisaged to ensure the application of this Convention.

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The Committee notes that the Government's report contains no reply to previous comments. It must therefore repeat its previous direct request, which read as follows:

The Committee notes the Government's indication in its latest report that no regulations have yet been issued in respect of this Convention. The Committee would recall that the obligations of this Convention in respect of air pollution were accepted and made applicable to Anguilla by declaration without modification dated 11 July 1980. It would draw the Government's attention to Article 4 of the Convention which provides that national laws or regulations shall prescribe that measures be taken for the prevention and control of, and protection against, occupational hazards in the working environment due to air pollution, and that provisions concerning the practical implementation of these measures may be adopted through technical standards, codes of practice, and other appropriate methods.

The Committee had noted in its previous comments that section 20(1) of Labour Ordinance No. 8 of 1966 provided that the Administrator in Council may make regulations generally for the proper carrying out of its provisions. The Committee further noted that, under section 5 of the Ordinance, the Labour Commissioner shall use his or her utmost endeavour to safeguard and promote the general welfare of workers in the colony and shall regularly supervise and review the conditions of the various forms of employment. The Committee hopes that the Government will take the necessary measures either by means of adopting regulations under section 20(1) of the Ordinance or by adopting other appropriate methods to ensure the protection of workers against hazards due to air pollution. In this regard, the Government could consider reviewing the United Kingdom Control of Substances Hazardous to Health Regulations of 1988 (amended in 1990) which set forth specific provisions concerning the protection of workers' health against hazards due to air pollution and, in particular, establish criteria for determining these hazards and fix exposure limits to a variety of substances, in accordance with Article 8. The Committee trusts that the Government will be in a position to indicate, in its next report, the measures taken or envisaged to ensure the application of this Convention.

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The Committee notes the Government's indication in its latest report that no regulations have yet been issued in respect of this Convention. The Committee would recall that the obligations of this Convention in respect of air pollution were accepted and made applicable to Anguilla by declaration without modification dated 11 July 1980. It would draw the Government's attention to Article 4 of the Convention which provides that national laws or regulations shall prescribe that measures be taken for the prevention and control of, and protection against, occupational hazards in the working environment due to air pollution, and that provisions concerning the practical implementation of these measures may be adopted through technical standards, codes of practice, and other appropriate methods.

The Committee had noted in its previous comments that section 20(1) of Labour Ordinance No. 8 of 1966 provided that the Administrator in Council may make regulations generally for the proper carrying out of its provisions. The Committee further noted that, under section 5 of the Ordinance, the Labour Commissioner shall use his or her utmost endeavour to safeguard and promote the general welfare of workers in the colony and shall regularly supervise and review the conditions of the various forms of employment. The Committee hopes that the Government will take the necessary measures either by means of adopting regulations under section 20(1) of the Ordinance or by adopting other appropriate methods to ensure the protection of workers against hazards due to air pollution. In this regard, the Government could consider reviewing the United Kingdom Control of Substances Hazardous to Health Regulations of 1988 (amended in 1990) which set forth specific provisions concerning the protection of workers' health against hazards due to air pollution and, in particular, establish criteria for determining these hazards and fix exposure limits to a variety of substances, in accordance with Article 8. The Committee trusts that the Government will be in a position to indicate, in its next report, the measures taken or envisaged to ensure the application of this Convention.

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In its previous comments, the Committee had noted the general reference in the Government's first and second reports to the Labour Ordinance No. 8 of 1966 which provides for the appointment of a Labour Commissioner to be responsible for the supervision and inspection of workmen's conditions of employment and purposes incidental thereto. It notes the Government's reiteration in its latest report that the requirements of the Convention are met by this Ordinance. The Committee recalls that the obligations of the Convention in respect of air pollution were accepted and made applicable to Anguilla and would draw the Government's attention to Article 4 of the Convention which provides that national laws or regulations shall prescribe that measures be taken for the prevention and control of, and protection against, occupational hazards in the working environment due to air pollution, and that provisions concerning the practical implementation of these measures may be adopted through technical standards, codes of practice, etc. It notes that Ordinance No. 8 sets forth the general powers of a Labour Commissioner, but does not prescribe any specific regulations for the prevention and control of, and protection against, occupational hazards due to air pollution.

The Committee had noted in its previous comments that section 20(1) of the Ordinance provides that the Administrator in Council may make regulations generally for the proper carrying out of its provisions. The Committee further notes that, under section 5 of the Ordinance, the Labour Commissioner shall use his utmost endeavour to safeguard and promote the general welfare of workmen in the colony and shall regularly supervise and review the conditions of the various forms of employment. The Committee requests the Government to indicate any regulations made under section 20(1) or any other measures taken or envisaged to ensure the protection of workers against hazards due to air pollution. In this regard, the Government could consider taking inspiration from the United Kingdom Control of Substances Hazardous to Health Regulations of 1988 (amended in 1990) which set forth specific provisions concerning the protection of workers' health against hazards due to air pollution and in particular, establish criteria for determining these hazards and fix exposure limits to a variety of substances, in accordance with Article 8. The Committee hopes that the Government will be in a position to indicate, in its next report, the measures taken or envisaged to ensure the application of this Convention.

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The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters which were raised in its previous direct request:

The Committee has noted the reference made in the Government's report for the period from 1985 to 1987 to a separate response to the direct request made by the Committee in 1986. The response referred to was not attached to the report and, therefore, the Committee must reiterate its comments from 1986 which read as follows:

The Committee has noted the Government's first and second reports which made only a general reference to the Labour Ordinance, 1966. It has noted that under section 20(1) of the Ordinance the Administrator in Council may make regulations generally for the proper carrying out of the provisions. The Committee requests the Government to indicate whether any such regulations have been issued in respect of matters dealt with in the Convention and what other measures, including those prescribed by the labour inspectors, may have been taken for the protection of workers against the occupational risks covered.