Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

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

Legislation. Further to its previous comment in which it noted that the review and amendment of the Labour Code Order No. 24 (1992) and the Labour Code (Construction Safety) Regulations (2002) was not yet completed, the Committee takes note of the Government’s indication that it has initiated a new labour law review process in 2014. In this regard, the Government specifies that provisions pertaining to occupational safety and health (OSH) will be included in a separate piece of legislation (OSH Act). It adds that the process is still at its initial stage as the social partners requested to be able to consult first with their constituencies. The Government also indicates that these consultations should take into account the issues previously raised by the Committee with a view to addressing them. While duly noting these developments, the Committee wishes to emphasize that the indication that new legislation is being prepared does not release the Government from its obligation to give effect to the Convention pending the adoption of the new legislation, and to provide information to the Committee in this respect, to enable it to have the necessary overview of the current application of the Convention. Therefore, the Committee requests the Government to indicate how effect in law and practice is currently given to Articles 1(3), 7 and 8 of the Convention, including in relation to self-employed workers; Article 5 on practical application through technical standards and codes of practice; Articles 6 and 10 on cooperation between employers and workers; Article 8 on two or more employers undertaking activities simultaneously at one construction site; Article 11 on workers’ rights to report any situation presenting a risk and which they cannot properly deal with themselves; Article 12 on the right to removal; Article 13 on safety at workplaces; Article 14 on scaffolds and ladders; Article 17(3) on pressure plant and equipment; Article 21 on work in compressed air; Articles 23 and 31 on work over water and first aid; Article 27 on explosives; and Article 28 on health hazards. The Committee also requests the Government to provide information on any progress made towards the adoption of the OSH Act and to provide a copy of the relevant legislation as soon as it has been adopted, indicating the specific provisions which give effect to the Convention.

Application of the Convention in practice. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in practice, including detailed information on the number of workers covered by the legislation, the number, nature and cause of occupational accidents and cases of occupational disease and extracts from the reports of inspection services.