Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Occupational Safety and Health Convention, 1981 (No. 155) - Lesotho (Ratification: 2001)

Articles 1 and 2 of the Convention. Scope of application – public employees. The Committee notes the Government’s statement that while relevant national legislation does not currently address the safety and health of public employees in all aspects, this will be brought to the attention of the relevant authorities for appropriate action. The Committee requests that the Government report on measures taken in law and in practice to ensure that workers in the public sector are also covered under relevant national legislation.

Articles 4, 5 and 7. National policy. The Committee notes the Government’s statement that a draft national occupational safety and health profile is being developed in consultation with representatives of workers and employers as a preliminary step towards creating a national policy on occupational safety and health. The Committee welcomes this development and in this context invites the Government to seek guidance from paragraphs 53–78 of the 2009 General Survey on Occupational Safety and Health. The Committee hopes the Government will soon adopt a national policy, taking due account of the provisions of the Convention including Articles 4, 5 and 7, and requests the Government to submit a copy thereof once adopted.

Articles 13 and 19(f). Protection of workers removed from situations presenting imminent and serious danger. The Committee notes and welcomes the Government’s stated intention to regulate the subject matter covered in Articles 13 and 19(f) of the Convention. With reference to the information provided concerning section 94(d) of the draft amended Labour Code Order No. 24 of 1992, the Committee invites the Government to also seek guidance in this respect from the abovementioned General Survey. In particular, see paragraphs 73 and 145–152. The Committee hopes that the Government will soon take all relevant measures to ensure compliance, in law and in practice, with Articles 13 and 19(f) of the Convention and requests it to submit copies of relevant legislation once adopted.

Article 19(c) and (e). Role and functions of workers’ representatives at the level of the undertaking. The Committee welcomes the stated intention by the Government to regulate this subject matter in the draft amended Labour Code Order No. 24 of 1992. With reference to the information provided regarding section 93(e) of this draft, the Committee invites the Government to seek guidance on this from the abovementioned General Survey, in particular, see paragraphs 199 and 202–203. The Committee hopes that the Government will soon take all relevant measures to ensure compliance, in law and in practice, with Article 19(c) and (e) and requests it to submit copies of relevant legislation once adopted.

Article 8. National legislation. With reference to its previous comments, the Committee notes that the Government’s report is silent as to measures taken to ensure compliance with Article 11(d), holding of inquires; Article 14, occupational safety and health at all levels of education; and Article 17, cooperation between two or more employers at the same workplace. The Committee reiterates its request to the Government to provide information in its next report on the measures taken or envisaged to ensure compliance, in law and in practice, with these Articles of the Convention.

Part V of the report form. Application in practice. Article 9. Labour inspection. The Committee notes the detailed information regarding the national labour inspection system including information on its objectives, achievements and challenges. It also notes the statistical information provided regarding reported accidents and fatalities, and the industries in which such accidents occurred. While the data seem to indicate a marked increase in the number of reported accidents as of 2004, the Committee notes the Government’s explanation that this increase most probably reflects the results of campaigns to increase accident reporting carried out in 2003. The Committee welcomes the efforts to increase the efficiency of the reporting mechanisms. The Committee requests the Government to continue to provide information on the functioning of the labour inspection system and efforts to improve it; the campaigns referred to and their outcome; statistical data including information on occupational diseases; and information on measures taken to lower the number of occupational accidents and diseases in the country.