Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) - Ghana (Ratification: 1986)

Article 4(2) and Article 8(1) of the Convention. Technical standards and establishing criteria for determining hazards. With reference to its previous comments, the Committee notes the Government statement that the process of developing technical standards on occupational hazards, including air pollution noise and vibration has not yet been completed. The Committee reiterates its request to the Government to complete this work in the very near future and request it to transmit copies of these technical standards once they have been adopted.

Article 5. Consultations. The Committee notes with interest that the Factories, Offices and Shops Act, 1970 (Act 328), is currently being amended and that the draft bill seeks to impose a duty on the employer to establish safety and health committees at all workplaces to ensure consultation and collaboration between employers and workers at the enterprise levels. The Committee requests the Government to provide detailed information on progress concerning the legislative amendment under way to ensure compliance with this provision of the Convention and to transmit copies of the relevant new or amended legislation once it has been adopted.

Article 11(1–3). Medical examinations and alternative employment. The Committee notes the Government’s statement that national law does not regulate the provision of suitable alternative employment for workers required to discontinue their work involving exposure to air pollution and noise and does not provide for any measures to ensure that workers required to discontinue their work are able to maintain their income. With reference to requests for technical assistance made in the context of the application of other occupational safety and health Conventions ratified by Ghana, the Committee notes that the statement by the Government that it also requests technical assistance from the Office on measures to take to ensure compliance with these provisions of the Convention. Noting the reference made its previous comments regarding the medical examination provided for in sections 18(1) and (2) of the Labour Regulations 2007, the Committee observes that the report is silent on the question on measures taken to ensure that that these medical examinations shall be free of costs for the workers concerned. The Committee requests the Government to take the measures necessary to give full effect to Article 11 of the Convention and recalls that this issue could be considered in the context of technical assistance provided to the Government on the application of other ILO Conventions on occupational safety and health ratified by Ghana.

Article 12. Notification to competent authority. The Committee notes reference made to sections 18(1) and (2) of the Labour Regulations, 2007 which require employers to notify the Chief Labour Officer or the Inspector of Factories of any occupational accidents, diseases or fatalities and the Government’s statement that the question of regulating notification requirements related to exposure to air noise and vibration is under consideration in the context of the ongoing revision of the Factories Offices and Shops Act, 1970 (Act 238). Welcoming this development the Committee takes this occasion to recall that it is of general importance to record and notify the competent authorities of all causes of occupational accidents, diseases and fatalities, as such information may assist all parties concerned in the efforts to take appropriate measures to bring down the number of such accidents, diseases and fatalities. It also expresses the hope that in the context of the ongoing revision of relevant legislation the Government will also consider regulating in more detail the scope of the obligations related to notification including, for example, in relation to the criteria for the identification and recognition of accidents, diseases and fatalities as occupational. The Committee requests the Government to provide further information in its next report on any amendments to current legislation to ensure compliance with this provision of the Convention.

Article 16 and Part IV of the report form. Labour inspection and application in practice. The Committee notes the information provided regarding the manner in which the Labour Inspectors have been empowered to act in accordance with the Labour Act, 2003 (Act 561) section 124(1), but that the report is silent as regards the outcome of the actions taken by the labour inspectors. The Committee requests the Government to provide a general appreciation of the application of the Convention including information on the activities of the labour inspectors and extracts from labour inspection services reports, statistical information on the number of workers covered by the legislation, the number and nature of contraventions reported, as well as any other information allowing the Committee to assess more accurately how the Convention is applied in practice in the country.