Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Safety and Health in Construction Convention, 1988 (No. 167) - Lesotho (Ratification: 1998)

1. Further to its observation, the Committee requests the Government to provide additional information on the following points.

2. Articles 1 (paragraph 3), 7 and 8 of the Convention. Self-employed workers. The Committee notes that the Labour Code Order, 1992 is only applicable to the private sector. It also notes the Government’s indication that the Labour Code (Construction Safety) Regulations would include provisions with respect to self-employed workers. However, noting that self-employed workers are not mentioned in the Regulations, the Committee asks the Government to take the necessary steps to ensure that self-employed workers are included in the scope of application of the legislation, that they have a duty to comply with health and safety prescriptions at the workplace and that they are obliged to cooperate whenever more than two employers undertake activities simultaneously at one construction site. It asks the Government to provide information in this respect in its next report.

3. Article 5. Technical standards and codes of practice. The Committee notes the Government’s statement that no code of practice has been adopted with respect to occupational safety and health in construction work. It requests the Government to provide information in its next report on measures taken or envisaged to ensure that effect is given to the provisions of laws and regulations ensuring the safety and health of workers in the construction sector. It also asks the Government to indicate how the standards adopted by recognized international organizations in the field of standardization are taken into account, as required by this Article of the Convention.

4. Articles 6 and 10. Cooperation between employers and workers. The Committee notes that section 98 of the Labour Code provides that cooperation between employers and workers is ensured through the establishment of safety and health committees for employers employing 15 persons or more. The Committee also notes that section 98(2) provides that when the Labour Commissioner considers it necessary, by reason of the dangerous nature of the plant, process or substances used by an employer of fewer than 15 persons, he/she may, in writing, direct an employer to establish a safety and health committee. The Committee requests the Government to provide information in its next report on how this cooperation is carried out in enterprises with less than 15 workers and where the Labour Commissioner has not established a safety and health committee. It also asks the Government to provide information on how it is ensured that workers have both a right and a duty to participate in ensuring safe working conditions to the extent of their control over equipment and methods of work and to express views on the working procedures adopted as they may affect safety and health.

5. Article 8. Two or more employers undertaking activities simultaneously at one construction site. The Committee notes the Government’s statement that there is no regulation ensuring the coordination of prescribed safety and health measures where two or more employers undertake activities simultaneously at one construction site. The Committee asks the Government to take the necessary steps to ensure the coordination of safety and health measures when two or more employers undertake activities simultaneously at one construction site, in accordance with the Convention and asks the Government to provide information in this respect in its next report.

6. Article 11. Workers’ right to report any situation presenting a risk and which they cannot properly deal with themselves. The Committee notes that section 94 of the Labour Code regulates workers’ obligation to cooperate with their employer, to take reasonable care for their own safety and that of other persons who may be affected by their acts or omissions at work, to wear any protective equipment or clothing, to report to the employer any loss, destruction or other defect in the protective equipment or clothing and not to smoke at the place of work, except at specific areas demarcated for that purpose. The Committee notes however that there is no provision concerning the right of workers to report to the employer or supervisor and to the safety representative (if any) any situation which they believe could present a risk, and which they cannot properly deal with themselves. The Committee asks the Government to take the necessary steps to ensure the workers’ right to report any situation they believe could present a risk and which they cannot properly deal with themselves, in accordance with the Convention and asks the Government to provide information in this respect in its next report.

7. Article 12. Right to removal. The Committee notes the Government’s statement that the Labour Code (Construction Safety) Regulations would contain a rule concerning workers’ right to removal if he/she has reasonable cause to believe that there is an imminent or serious danger to his/her safety. However, noting that there is no such provision and that there is no provision ensuring that the employer shall take immediate steps to stop the operation and evacuate workers as appropriate, the Committee asks the Government to take the necessary steps to ensure the workers’ right to remove themselves when they believe there is an imminent danger and also to ensure that the employer takes immediate steps to stop the operation and evacuate workers as appropriate. The Government is requested to provide information in this respect in its next report.

8. Article 13. Safety at workplaces. The Committee notes that the Labour Code (Construction Safety) Regulations provide in great detail for safe workplaces, such as: demolition, scaffolding and gantries, hoardings and barricades, working on lifts, form-work or false-work, electrical work, excavation and tunnelling work and that Schedule 6 of the Labour Code provides for safe means of access and a safe place of employment (sections 1 and 2). However, it notes that there is no provision concerning the obligation to take all appropriate precautions to protect persons present at or in the vicinity of a construction site from all risks that may arise from such site, in accordance with Article 13, paragraph 3. The Committee asks the Government to take the necessary steps to ensure that appropriate precautions are taken to protect persons present at or in the vicinity of a construction site from all risks that may arise from such site and to provide information in this respect in its next report.

9. Article 14. Scaffolds and ladders. The Committee notes that the Labour Code provides for the use of safe and suitable scaffolds and the use of ladders and that section 18 of the Labour Code (Construction Safety) Regulations stipulates that the removal or alteration of any part of scaffolding on any construction site shall not be done without the authority of a competent person. In addition, the first schedule to the Regulations provides for how scaffolding shall be erected. It notes however that there is no provision requiring a competent person to inspect scaffolds. The Committee requests the Government to take the necessary steps in law and practice to ensure that a competent person inspects scaffolds in accordance with the Convention and asks the Government to provide information in this respect in its next report.

10. Article 17, paragraph 3. Pressure plant and equipment. The Committee notes the Government’s statement that there is no legal provision governing the examination and testing of pressure plant and equipment. The Committee requests the Government to take the necessary steps in law and practice to ensure the examination and testing by a competent person of pressure plant and equipment in accordance with the Convention. It asks the Government to provide information in this respect in its next report.

11. Article 21. Work in compressed air. The Committee notes the indication of the Government that the Labour Code (Construction Safety) Regulations, 2002 do not prescribe the medical examinations to establish the physical aptitude of workers working in compressed air. It recalls that the Government had in its previous report indicated that work in compressed air is not undertaken in the country. The Committee therefore requests the Government to clarify whether work in compressed air is undertaken in the country and, if so, to indicate the measures taken or envisaged to give effect to Article 21 of the Convention.

12. Articles 23 and 31. Work over water and first aid. The Committee notes that section 94 of the Labour Code (Construction Safety) Regulations provides that when there is water in or near a construction site to a depth greater that 2.5 metres that gives rise to risk of injury or drowning, the employer shall provide life jackets or a lifebuoy and line that are maintained ready for use. The lifebuoy and line shall be of approved type and shall be placed in a readily accessible position. The Committee also notes that section 93(5) of the Labour Code states that employers shall at their own expense furnish and maintain at the place of employment equipment and facilities for the rendering of first aid to her/his employees according to such scale as the Minister may by regulation require for employers of the particular class or of the particular industry to which the employer belongs. The Committee recalls that Article 23, subparagraph (c), of the Convention requires adequate provision for safe and sufficient transport to be made when work is done over or in close proximity to water and Article 31 requires arrangements to be made for ensuring the removal for medical attention of workers who have suffered an accident or sudden illness. The Committee asks the Government to provide information in its next report on measures taken or envisaged to ensure the removal for medical attention of a worker who has suffered an accident or sudden illness, in accordance with Articles 23, subparagraph (c), and 31.

13. Article 27. Explosives. The Committee notes there is no legislative provision ensuring that a competent person shall take such steps as necessary to ensure that workers and other persons are not exposed to the risk of injury from explosives. It requests the Government to provide information on the measures taken in law and practice to ensure application of this provision, in its next report.

14. Article 28. Health hazards. The Committee notes that section 95 of the Labour Code requires manufacturers, importers or suppliers of any substance for use at work to take such steps as are necessary to ensure that users are provided with adequate information about any risk to health and any conditions necessary to ensure that the substance will be safe and without risks to health. Section 105 of the Labour Code stipulates that, workers who may, during the course of work, handle or use any toxic substance, shall be fully instructed as to the risks associated with the toxic substance and the necessary precautionary measures to be observed for protection against such risks. Section 109 of the Labour Code states that, where any process carried out at a place of work or where the nature of the worker’s employment, or any substance used therein is likely to cause a person bodily injury, or impairment of health and the occurrences cannot be prevented by other means, such worker shall be provided with appropriate personal protective equipment or clothing. The Committee asks the Government to provide information in its next report on measures taken or envisaged to replace hazardous substances by harmless or less hazardous substances wherever possible and measures taken with respect to the disposal of waste.

15. Part VI of the report form. Labour inspection. The Committee notes that the Occupational Safety and Health Inspectorate carries out inspection of all construction sites and that it compiles statistical information and investigates serious accidents. It requests the Government to provide detailed information in its next report on the number of inspections carried out, their findings and the measures taken. The Committee notes that 39 disabling accidents in the building and construction industry were reported to the labour department in the year 2004 and that between January and October 2005, 22 such accidents were reported. It also notes that the majority of the accidents were caused by falls from heights. The Committee requests the Government to indicate the measures taken to prevent the occurrence of such accidents. It also requests the Government to continue to provide a general appreciation of the manner in which the Convention is applied in the country including statistics, if available, of the number of workers covered by the Convention, disaggregated by sex, and the number of accidents and diseases reported in the construction sector.