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

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) - Anguilla

The Committee notes with regret that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

The Committee notes that in reply to its previous comments, the Government has again indicated that regulations have not yet been issued to ensure the protection of workers against hazards due to air pollution, but that pursuant to the Public Health Act, Chapter P 125, the Minister of Health is empowered to take all necessary action to remove and correct any nuisance that may be injurious to public health and that the environmental health officers have the power to enter into any workplace and made any inspection or examination as may be deemed necessary for the purpose of the Act, and that the Minister also has the power to make regulations for the protection of the health of persons exposed to conditions, substances or processes, which occur in any industry or occupation that may be injurious to health. It also notes that although no such regulations have yet been adopted, the Government indicates that it will give consideration to developing such regulations.

The Committee recalls that the obligations under this Convention in respect of air pollution were accepted and made applicable to Anguilla by declaration without modification on 11 July 1980, and that the Committee has in several previous comments since 1991 drawn the attention of the Government to Article 4 of the Convention which provides that national laws or regulations shall prescribe that measures be taken for the prevention and control of, and protection against occupational hazards in the working environment due to air pollution and that provisions concerning the practical implementation of these measures may be adopted through technical standards, codes of practice or other appropriate methods. The Committee urges the Government to take the necessary measures either by means of adopting regulations under section 20(1) of Labour Ordinance No. 8 of 1996 or by adopting other appropriate methods to ensure the protection of workers against hazards due to air pollution and invites the Government to report on progress in this respect.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.