Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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

The Committee notes the information provided in the Government’s latest report, including a copy of the occupational health profile. The Government indicates that amendments to national legislation, referred to in its previous reports, have not yet been adopted. Further to its comments to the Government under the Safety and Health in Construction Convention, 1988 (No. 167), the Committee asks the Government to indicate the specific provisions that give effect to Article 11(d) of the Convention on the holding of inquires; Articles 13 and 19(f) on protection of workers removed from situations presenting imminent and serious danger; Article 14 on occupational safety and health at all levels of education; Article 17 on cooperation between two or more employers at the same workplace; and Article 19(c) and (e) on the role and functions of workers’ representatives at the level of the undertaking.

Articles 1 and 2 of the Convention. Scope of application. Public employees. The Committee notes that the Government’s response has referred to some provisions in the Public Service Regulations, 2008, which address some of the aspects of health and safety for public employees. The Committee asks the Government to provide a copy of the Public Service Regulations, 2008 and to indicate whether national legislation ensures that all the measures of protection required under the Convention apply to public employees.

Article 9(2). Adequate penalties for violations of the law. The Committee notes that the information provided by the Government listing the activities undertaken by occupational safety and health (OSH) inspectors covers the monitoring of OSH legislation but does not appear to provide for compliance with such legislation. The Committee further notes the information provided by the Government in its report on the Labour Inspection Convention, 1947 (No. 81). This information indicates that the revision of penalties undertaken as part of the review of the Labour Code has not been adopted and that the intention is to do so in 2010. The Committee asks the Government to provide information on the application of Article 9(2) of the Convention in law and in practice, and to provide examples of penalties imposed on employers who breach occupational safety and health legislation.

Part V of the report form. Application in practice and labour inspection. The Committee notes the comprehensive information on labour inspection and application of the Convention in practice submitted by the Government, including statistical data on the number of workplace accidents, disaggregated by gender, sector and type of accident. The Committee notes that the Government has indicated that there is a lack of recording and reporting of injuries and fatalities occurring in the workplace and that only serious injuries are being reported. The Committee further notes the high number of workplace accidents (36.8 per cent), and the significant occurrence of musculoskeletal, skin and respiratory disorders, in the textile industry. The Committee asks the Government to provide information on measures taken or envisaged to improve the collection of statistical data related to occupational accidents and diseases and to address the high number of occupational accidents and diseases occurring in the textile industry.