Occupational Safety and Health Convention, 1981 (No. 155) - Belize (Ratification: 1999)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Articles 4, 7 and 8 of the Convention. Formulation and review of the national OSH policy. Legislation. The Committee notes that, according to the Government’s report, a new Occupational Safety and Health Bill developed in 2014 was reviewed by a working committee composed of representatives of workers, employers and the Labour Department and submitted to the Government in November 2022 for further consideration. The Committee requests the Government to continue to provide information on progress made towards the adoption of the OSH Bill, as well as the consultations held in this respect with the social partners.

Article 5(a). Design, testing, choice, substitution, installation, arrangement, use and maintenance of the material elements at work. The Committee notes the Government’s reply to its previous request that the Department of the Environment (DOE) of the Ministry of Sustainable Development, Climate Change and Disaster Risk Reduction is taking measures to give effect to Article 5(a) of the Convention via an Environmental Impact Assessment, which provides environmental guidelines intended to guide owners and operators of light industries about its environmental impacts and the methods of control. In addition, the Government informs about the utilization of an Environmental Clearance issued based on an Environmental Compliance Plan (ECP) that addresses matters such as working environment, chemicals, working time, supply of adequate personal protective equipment and condition of sanitary facilities. The Committee also notes that according to section 9(a) of the Factories Act, the construction of factories must be preceded by an application for permission to the Chief Factory Inspector with information on the position, form, materials and dimensions of the factory or building and of every dwelling house, as well as on the position, form, arrangement and dimensions of the machinery placed therein. While taking note of this information, the Committee requests the Government to provide further information on how the design, testing, choice, substitution, installation, arrangement, use and maintenance of the material elements at work is taken into account in practice in the national OSH policy.

Article 5(b). Relationships between the material elements of work and the persons who carry out or supervise the work. The Committee notes that section 14(1) of the Factories Act provides for the obligation of the owner, manager or other person in control of the factory to make an annual report with information on changes or additions to the factories premises or the processes carried on therein. The Committee once again requests the Government to provide information on the manner in which relationships between the material elements of work and the persons who carry out or supervise work and adaptation of machinery, equipment, working time, organization of work and work processes to the physical and mental capacities of the workers is taken into account, including in the context of the development of the OSH Bill.

Article 11(c) and (e). Notification of occupational accidents and diseases. Production and publication of annual statistics. The Committee notes the publication of annual statistical reports by the Social Security Board, which provide data regarding occupational injuries resulting from accidents. The Social Security’s 2021 Statistical Report includes details on the quantity, nature and causes of occupational injuries spanning the years 2017 to 2021, along with the specific sectors in which these injuries took place. However, the Committee notes the absence of data regarding occupational diseases. The Committee once again requests the Government to provide information on any applicable procedures regarding the notification by employers of occupational accidents and diseases to the competent authority. It also requests the Government to indicate whether statistics on occupational diseases are collected and published, in addition to those on occupational accidents; and if so, to provide the information.

Article 11(f). Introduction of systems to examine chemical, physical and biological agents in respect of the risk to the health of workers. The Committee notes the Government’s indication in its report that the Department of Employment is revising the Draft Integrated Chemical Management Bill, which intends to improve the management of chemicals, particularly in industrial chemicals. The Government also informs that the DOE is planning to establish a “Chemical Management Unit” to implement the legislation’s provisions. The Committee requests the Government to continue to provide information on the status of the process for the review of the Draft Integrated Chemical Management Bill.

Article 12. Obligations of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee notes the Government’s indication in its report that the matters covered by Article 12 of the Convention have remained the same since its previous report. The Committee once again requests the Government to provide information on any measures taken or envisaged, in law and in practice, including in the context of the Occupational Safety and Health Bill, to ensure the responsibilities of those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use with regard to the safety and security of concerned persons.

Article 17. Collaboration where two or more undertakings are engaged in activities simultaneously at one workplace. The Committee notes the information provided by the Government that the DOE addresses this Article through a clause included in the Environmental Compliance Plan which indicates that the owner transfers all its contents to his contract agents. The Committee notes, however, that the plan is only required for new projects, does not apply to most workplaces and does not contain specific measures aimed at protecting occupational health and safety. The Committee therefore requests the Government to provide information on the measures taken, including in the context of the development of the new OSH Bill, to ensure that whenever two or more employers engage in activities simultaneously at one workplace, they shall collaborate in applying OSH requirements.

Article 18. Emergencies and first aid. The Committee notes the information provided by the Government that section 3(2) of the Environmental Impact Assessment Regulation, read along with section 22 of the Environment Protection Act, addresses issues such as emergency management and response, and safety in the standard operating procedures. However, the Committee notes in this respect that these provisions do not contain requirements related to first aid and occupational accidents. The Committee therefore requests the Government to provide information on the measures taken, including within the context of the development of the new OSH Bill, to ensure that employers are required to provide, where necessary, measures to deal with emergencies and accidents, including adequate first-aid arrangements.

Article 21. Expenditure on OSH measures. The Committee notes the Government’s indication in its report that there has been no change with respect to the matter covered by Article 21 since its previous report. The Government also indicates that that the ECP establishes that the responsibility to provide OSH measures lies with the employer, not the employee. The Committee requests the Government to provide information on any measures taken to ensure that OSH measures do not involve any expenditure for workers in all situations and economy branches.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes that the Government’s reports have not been received. It is therefore bound to repeat its previous comments.

Repetition

The Committee notes with deep concern that the Government’s reports, due since 2015, have not been received. In light of its urgent appeal launched to the Government in 2020, the Committee proceeds with the examination of the application of the Conventions on the basis of the information at its disposal.

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 115 (radiation protection) and 155 (OSH) together.

A. General provisions

Occupational Safety and Health Convention, 1981 (No. 155)

Articles 4, 7 and 8 of the Convention. Formulation and review of the national OSH policy. Legislation. The Committee previously noted the Government’s reiterated reference to an OSH Bill developed in 2003. The Committee observes that a draft OSH Bill was introduced in 2014, but has not been adopted. In its previous comments, the Committee also noted that the National OSH Policy was approved in 2004, which set up both general and specific objectives, including the principle of prevention and the promotion and maintenance of OSH standards at all workplaces. However, the Committee notes that the 2004 Policy has not been reviewed or updated.The Committee requests the Government to provide information on the status of the OSH Bill, and on any new legislation adopted which relates to the application of the Convention. The Committee also requests the Government to indicate the measures taken for the review and update of the 2004 National OSH Policy, including any consultation held with social partners. Furthermore, the Committee requests the Government to provide information on any measures taken or envisaged to review the situation of OSH and the working environment in the country, either overall or in respect of particular areas, with a view to identifying major problems and effective methods for dealing with them.

Article 5. Main spheres of action affecting OSH and the work environment. The Committee notes that the 2004 National OSH Policy provides for training and education in the field of OSH and defines the role and responsibilities of different stakeholders in this regard, putting emphasis on communication and cooperation (in accordance with Article 5(c) and (d)). The Committee notes, however, that the 2004 National OSH Policy does not address other elements required by Article 5 of the Convention, including the design, testing, choice, substitution, installation, arrangement, use and maintenance of the material elements of work (Article 5(a)) and the relationships between the material elements of work and the persons who carry out or supervise the work (Article 5(b)).The Committee requests the Government to provide information on any measures taken or envisaged to give effect to Article 5(a) and (b) of the Convention.

Article 11(c) and (e). Notification of occupational accidents and diseases. Production and publication of annual statistics. The Committee notes that the Social Security Board publishes annual statistical reports, including information on occupational injuries due to accidents. The Social Security’s Statistical Report of 2019 contains information on the number, nature and causes of occupational injuries for 2015–19, and the sectors in which they occurred.The Committee requests the Government to provide information on any applicable procedures regarding the notification by employers of occupational accidents and diseases to the competent authority. It also requests the Government to indicate whether statistics on occupational diseases are collected and published, in addition to those on occupational accidents.

Article 11(f). Introduction of systems to examine chemical, physical and biological agents in respect of the risk to the health of workers. The Committee previously noted that, in November 2010, the Government launched the Strategic Approach to International Chemicals Management (SAICM), entailing the implementation of a chemicals management system in two phases through a multi-sectoral approach. Phase II of this project was launched in June 2012, aiming at the development of a legal and institutional framework for the management of chemicals, including market surveillance measures.The Committee requests the Government to provide information on any developments in chemical management, including legal and institutional initiatives taken in this regard. It also requests the Government to indicate whether there are any similar management frameworks regarding physical and biological agents.

Article 12. Obligations of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use.The Committee requests the Government to provide information on any measures taken or envisaged, in law and in practice, to ensure the responsibilities of those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use with regard to the safety and security of concerned persons, as required by Article 12 of the Convention.

Article 17. Collaboration where two or more undertakings are engaged in activities simultaneously at one workplace.The Committee requests the Government to provide information on any measures taken to ensure collaboration in applying the requirements of the Convention, whenever two or more undertakings are engaged in activities simultaneously at one workplace.

Article 18. Emergencies and first aid. The Committee notes that both the Factory Act (section 12(1)(c)) and the Labour Act (section 155(b)) provide for the development of regulations on the provision of first-aid equipment.The Committee requests the Government to indicate whether there are any laws or regulations adopted (including under the Factory Act or the Labour Act) to provide for measures to be taken in case of emergencies and accidents, including adequate first-aid arrangements.

Article 21. Expenditure on OSH measures.The Committee requests the Government to provide information on any measures taken to ensure that OSH measures do not involve any expenditure for workers.

B. Protection against specific risks

Radiation Protection Convention, 1960 (No. 115)

Article 3(1) of the Convention. Protection measures. The Committee notes that, according to section 94 of the Labour Act, the Minister of Labour may adopt regulations regarding any operation involving the exposure of workers to ionizing radiations, to: (i) prohibit the employment of, or modify or limit the hours of employment of all persons or any class of persons in connection with any such operations; or (ii) prohibit, limit or control the use of any material or process in connection with any such operation, and may impose duties on owners, employers, employed persons and other persons, as well occupiers. In addition, while reiterating its concern at the absence of a government report, the Committee notes with interest the adoption of the Radiation Safety and Security Act in October 2020, following technical assistance from the International Agency for Atomic Energy (IAEA). It notes that the Radiation Safety and Security Act establishes the Office of Radiation Safety and Security within the Ministry responsible for the environment (the Office). Pursuant to section 42 of this Act, this Office shall prescribe requirements for radiation protection to be met before any activity or practice can be licensed, including all steps that shall be taken by the licensee for the protection and safety of workers by keeping doses below the relevant threshold.The Committee requests the Government to indicate whether any regulations have been adopted by the Minister of Labour pursuant to section 94 of the Labour Act. It also requests the Government to provide detailed information on the requirements prescribed for licensees under section 42 of the Radiation Safety and Security Act, regarding the protection of workers against ionizing radiation.

Article 3(2). Data collection. The Committee notes that, according to section 9(1)(l), (m) and (n) of the Radiation Safety and Security Act, the Office shall establish and maintain a national register of radiation sources, persons licenced to carry out activities or practices under the Act, as well as other registers as necessary.The Committee requests the Government to provide information on the implementation in practice of these provisions, such as the information required for the purpose of the register and the method of data collection.

Articles 6 and 8. Determination and review of maximum permissible doses. The Committee notes that, according to section 41(2) of the Radiation Safety and Security Act, the Office shall prescribe dose limits for persons that may not be exceeded in conducting activities or practices involving, among others, the production or use of radiation sources. Section 41(3) further provides that any dose limits prescribed shall take into account the recommendations of the IAEA and the International Commission on Radiation Protection. The Committee observes that there do not seem be any dose limits prescribed by the Office following the adoption of the Radiation Safety and Security Act in October 2020.The Committee requests the Government to indicate the measures taken to ensure that the maximum permissible doses or amounts are determined without delay. It also requests the Government to provide information on any mechanism ensuring the review of such dose limits.

Article 9. Warning of the presence of hazards from ionizing radiations and instructions for workers directly engaged in radiation work.The Committee requests the Government to provide information on any measures taken to ensure that: (i) appropriate warnings are used to indicate the presence of hazards from ionizing radiations; and (ii) adequate instructions are provided to all workers directly engaged in radiation work before and during such employment.

Article 12. Medical examination. The Committee notes that, according to the 2004 National OSH Policy, the employer is required to make provisions for pre-employment, pre-placement and periodic medical examinations for the persons they employ, while the Ministry of Health shall work towards the establishment of an occupational health unit, which will, among other functions, provide medical assistance in this regard.The Committee requests the Government to provide further information on the medical examinations prescribed and provided in practice to workers directly engaged in radiation work, including examinations prior to or shortly after taking up such work, and their subsequent examinations at appropriate intervals.

Article 13. Measures in case of irradiation or radioactive contamination. The Committee notes that Part VIII of the Radiation Safety and Security Act provides for emergency preparedness and response. However, the Committee notes that it does not contain any provisions addressing the protection of workers as required by Article 13(a), (c) and (d) of the Convention.The Committee requests the Government to provide information on any measures taken or envisaged, in law or in practice, in case of exposure of workers to ionizing radiations with regard to the protection of workers as required by the Convention, including appropriate medical examination of affected workers, examination of the conditions in which workers’ duties are performed and any necessary remedial action.

Article 14. Employment involving exposure to ionizing radiation contrary to medical advice.The Committee requests the Government to provide information on the measures taken to ensure that workers are not employed or engaged in work liable to expose them to ionizing radiations contrary to qualified medical advice, including measures for the provision of alternative employment.

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

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes with deep concern that the Government’s reports, due since 2015, have not been received. In light of its urgent appeal launched to the Government in 2020, the Committee proceeds with the examination of the application of the Conventions on the basis of the information at its disposal.

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 115 (radiation protection) and 155 (OSH) together.

A. General provisions

Occupational Safety and Health Convention, 1981 (No. 155)

Articles 4, 7 and 8 of the Convention. Formulation and review of the national OSH policy. Legislation. The Committee previously noted the Government’s reiterated reference to an OSH Bill developed in 2003. The Committee observes that a draft OSH Bill was introduced in 2014, but has not been adopted. In its previous comments, the Committee also noted that the National OSH Policy was approved in 2004, which set up both general and specific objectives, including the principle of prevention and the promotion and maintenance of OSH standards at all workplaces. However, the Committee notes that the 2004 Policy has not been reviewed or updated. The Committee requests the Government to provide information on the status of the OSH Bill, and on any new legislation adopted which relates to the application of the Convention. The Committee also requests the Government to indicate the measures taken for the review and update of the 2004 National OSH Policy, including any consultation held with social partners. Furthermore, the Committee requests the Government to provide information on any measures taken or envisaged to review the situation of OSH and the working environment in the country, either overall or in respect of particular areas, with a view to identifying major problems and effective methods for dealing with them.

Article 5. Main spheres of action affecting OSH and the work environment. The Committee notes that the 2004 National OSH Policy provides for training and education in the field of OSH and defines the role and responsibilities of different stakeholders in this regard, putting emphasis on communication and cooperation (in accordance with Article 5(c) and (d)). The Committee notes, however, that the 2004 National OSH Policy does not address other elements required by Article 5 of the Convention, including the design, testing, choice, substitution, installation, arrangement, use and maintenance of the material elements of work (Article 5(a)) and the relationships between the material elements of work and the persons who carry out or supervise the work (Article 5(b)). The Committee requests the Government to provide information on any measures taken or envisaged to give effect to Article 5(a) and (b) of the Convention.

Article 11(c) and (e). Notification of occupational accidents and diseases. Production and publication of annual statistics. The Committee notes that the Social Security Board publishes annual statistical reports, including information on occupational injuries due to accidents. The Social Security’s Statistical Report of 2019 contains information on the number, nature and causes of occupational injuries for 2015–19, and the sectors in which they occurred. The Committee requests the Government to provide information on any applicable procedures regarding the notification by employers of occupational accidents and diseases to the competent authority. It also requests the Government to indicate whether statistics on occupational diseases are collected and published, in addition to those on occupational accidents.

Article 11(f). Introduction of systems to examine chemical, physical and biological agents in respect of the risk to the health of workers. The Committee previously noted that, in November 2010, the Government launched the Strategic Approach to International Chemicals Management (SAICM), entailing the implementation of a chemicals management system in two phases through a multi-sectoral approach. Phase II of this project was launched in June 2012, aiming at the development of a legal and institutional framework for the management of chemicals, including market surveillance measures. The Committee requests the Government to provide information on any developments in chemical management, including legal and institutional initiatives taken in this regard. It also requests the Government to indicate whether there are any similar management frameworks regarding physical and biological agents.

Article 12. Obligations of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee requests the Government to provide information on any measures taken or envisaged, in law and in practice, to ensure the responsibilities of those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use with regard to the safety and security of concerned persons, as required by Article 12 of the Convention.

Article 17. Collaboration where two or more undertakings are engaged in activities simultaneously at one workplace. The Committee requests the Government to provide information on any measures taken to ensure collaboration in applying the requirements of the Convention, whenever two or more undertakings are engaged in activities simultaneously at one workplace.

Article 18. Emergencies and first aid. The Committee notes that both the Factory Act (section 12(1)(c)) and the Labour Act (section 155(b)) provide for the development of regulations on the provision of first-aid equipment. The Committee requests the Government to indicate whether there are any laws or regulations adopted (including under the Factory Act or the Labour Act) to provide for measures to be taken in case of emergencies and accidents, including adequate first-aid arrangements.

Article 21. Expenditure on OSH measures. The Committee requests the Government to provide information on any measures taken to ensure that OSH measures do not involve any expenditure for workers.

B. Protection against specific risks

Radiation Protection Convention, 1960 (No. 115)

Article 3(1) of the Convention. Protection measures. The Committee notes that, according to section 94 of the Labour Act, the Minister of Labour may adopt regulations regarding any operation involving the exposure of workers to ionizing radiations, to: (i) prohibit the employment of, or modify or limit the hours of employment of all persons or any class of persons in connection with any such operations; or (ii) prohibit, limit or control the use of any material or process in connection with any such operation, and may impose duties on owners, employers, employed persons and other persons, as well occupiers. In addition, while reiterating its concern at the absence of a government report, the Committee notes with interest the adoption of the Radiation Safety and Security Act in October 2020, following technical assistance from the International Agency for Atomic Energy (IAEA). It notes that the Radiation Safety and Security Act establishes the Office of Radiation Safety and Security within the Ministry responsible for the environment (the Office). Pursuant to section 42 of this Act, this Office shall prescribe requirements for radiation protection to be met before any activity or practice can be licensed, including all steps that shall be taken by the licensee for the protection and safety of workers by keeping doses below the relevant threshold. The Committee requests the Government to indicate whether any regulations have been adopted by the Minister of Labour pursuant to section 94 of the Labour Act. It also requests the Government to provide detailed information on the requirements prescribed for licensees under section 42 of the Radiation Safety and Security Act, regarding the protection of workers against ionizing radiation.

Article 3(2). Data collection. The Committee notes that, according to section 9(1)(l), (m) and (n) of the Radiation Safety and Security Act, the Office shall establish and maintain a national register of radiation sources, persons licenced to carry out activities or practices under the Act, as well as other registers as necessary. The Committee requests the Government to provide information on the implementation in practice of these provisions, such as the information required for the purpose of the register and the method of data collection.

Articles 6 and 8. Determination and review of maximum permissible doses. The Committee notes that, according to section 41(2) of the Radiation Safety and Security Act, the Office shall prescribe dose limits for persons that may not be exceeded in conducting activities or practices involving, among others, the production or use of radiation sources. Section 41(3) further provides that any dose limits prescribed shall take into account the recommendations of the IAEA and the International Commission on Radiation Protection. The Committee observes that there do not seem be any dose limits prescribed by the Office following the adoption of the Radiation Safety and Security Act in October 2020. The Committee requests the Government to indicate the measures taken to ensure that the maximum permissible doses or amounts are determined without delay. It also requests the Government to provide information on any mechanism ensuring the review of such dose limits.

Article 9. Warning of the presence of hazards from ionizing radiations and instructions for workers directly engaged in radiation work. The Committee requests the Government to provide information on any measures taken to ensure that: (i) appropriate warnings are used to indicate the presence of hazards from ionizing radiations; and (ii) adequate instructions are provided to all workers directly engaged in radiation work before and during such employment.

Article 12. Medical examination. The Committee notes that, according to the 2004 National OSH Policy, the employer is required to make provisions for pre-employment, pre-placement and periodic medical examinations for the persons they employ, while the Ministry of Health shall work towards the establishment of an occupational health unit, which will, among other functions, provide medical assistance in this regard. The Committee requests the Government to provide further information on the medical examinations prescribed and provided in practice to workers directly engaged in radiation work, including examinations prior to or shortly after taking up such work, and their subsequent examinations at appropriate intervals.

Article 13. Measures in case of irradiation or radioactive contamination. The Committee notes that Part VIII of the Radiation Safety and Security Act provides for emergency preparedness and response. However, the Committee notes that it does not contain any provisions addressing the protection of workers as required by Article 13(a), (c) and (d) of the Convention. The Committee requests the Government to provide information on any measures taken or envisaged, in law or in practice, in case of exposure of workers to ionizing radiations with regard to the protection of workers as required by the Convention, including appropriate medical examination of affected workers, examination of the conditions in which workers’ duties are performed and any necessary remedial action.

Article 14. Employment involving exposure to ionizing radiation contrary to medical advice. The Committee requests the Government to provide information on the measures taken to ensure that workers are not employed or engaged in work liable to expose them to ionizing radiations contrary to qualified medical advice, including measures for the provision of alternative employment.

[The Government is asked to reply in full to the present comments in 2022.]

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2021, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Application of the Convention in law and in practice. The Committee notes that the Government’s report does not provide information on the effect given to each Article of the Convention. It also notes that, according to the Government, the National Occupational Safety and Health Bill (the OSH Bill) was submitted to Cabinet in November 2010. The Government also indicated that a conference was held by the Social Security Board in partnership with the Labour Department, under participation of all stakeholders, in order to provide the desired impetus towards the promulgation of the OSH Bill, but that the OSH Bill is yet to be enacted. The Committee wishes to emphasize that the indication that the new legislation is in the process of adoption does not free the Government from the obligation to ensure the application of the provisions of the Convention during the transition period and to provide such information in its report. The Committee requests the Government to supply detailed information on the application of the present Convention, including new legislation, if adopted, and where it has not been, the manner in which the Government ensures the application of the provisions of the Convention in practice.

Article 4 of the Convention. National policy. Noting the document entitled “proposed National Occupational Safety and Health (OSH) policy”, the Committee requests the Government to inform the Office if this proposed policy has been formally adopted and implemented and, if so, to provide detailed information on its implementation.

Articles 5(a), 11(f) and 12(b). Chemicals. Management of chemicals. The Committee notes from the Government’s report that, although Belize is not a producer of chemicals, these chemicals are imported for use mainly in the agricultural sector and that workers employed in this sector are therefore vulnerable to exposure. According to the Government, effective preventive and protective measures must be taken for their health and safety. The Committee also notes the information that in November 2010, the Government has launched the Strategic Approach to International Chemicals Management (SAICM), which entails the implementation of a chemicals management system in two phases through a multi-sectoral approach. SAICM covers the following issues: (i) prevention and control of chemical pollution and waste with emphasis on persistent organic pollutants; (ii) enhancement of industry sector risk reduction through the global Harmonized System of Classification and Labelling of Chemicals in Belize; (iii) safe handling and use of chemicals with emphasis on pesticides to address poisoning, good agricultural practices and unnecessary threat to biodiversity; and (iv) chemical accidents, expand national emergency plans to include industrial accidents including in port and shipping channels to defend coastal zone integrity/biodiversity and safeguard human health. According to the Government, phase II of this project has been launched in June 2012 and will entail the development of a legal and institutional framework for the management of chemicals, including market surveillance measures. The Committee asks the Government to continue to provide information on any development in this respect, including on legal and institutional initiatives taken in this regard.

Application in practice. In its previous comments, the Committee requested the Government to provide more information on preventive measures in relation to an increasing number of accidental falls. It also notes that the Labour Department is intricately involved in the investigation of any major accidents or fatalities at the workplace; and that labour officers are engaged in labour education inclusive of OSH. Furthermore, according to the Government, the Social Security Board undertakes preventive actions, and the inspection staff under the Social Security Board engages in proactive inspections, education and training of employers and employees, and gives advice in the field of OSH. The Committee asks the Government to further specify preventive measures taken that address the high number of occupational accidents, and to continue to provide statistics such as on occupational accidents and diseases broken down by sector of occupation and on the development of the number of the workforce.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Application of the Convention in law and in practice. The Committee notes that the Government’s report does not provide information on the effect given to each Article of the Convention. It also notes that, according to the Government, the National Occupational Safety and Health Bill (the OSH Bill) was submitted to Cabinet in November 2010. The Government also indicated that a conference was held by the Social Security Board in partnership with the Labour Department, under participation of all stakeholders, in order to provide the desired impetus towards the promulgation of the OSH Bill, but that the OSH Bill is yet to be enacted. The Committee wishes to emphasize that the indication that the new legislation is in the process of adoption does not free the Government from the obligation to ensure the application of the provisions of the Convention during the transition period and to provide such information in its report. The Committee requests the Government to supply detailed information on the application of the present Convention, including new legislation, if adopted, and where it has not been, the manner in which the Government ensures the application of the provisions of the Convention in practice.

Article 4 of the Convention. National policy. Noting the document entitled “proposed National Occupational Safety and Health (OSH) policy”, the Committee requests the Government to inform the Office if this proposed policy has been formally adopted and implemented and, if so, to provide detailed information on its implementation.

Articles 5(a), 11(f) and 12(b). Chemicals. Management of chemicals. The Committee notes from the Government’s report that, although Belize is not a producer of chemicals, these chemicals are imported for use mainly in the agricultural sector and that workers employed in this sector are therefore vulnerable to exposure. According to the Government, effective preventive and protective measures must be taken for their health and safety. The Committee also notes the information that in November 2010, the Government has launched the Strategic Approach to International Chemicals Management (SAICM), which entails the implementation of a chemicals management system in two phases through a multi-sectoral approach. SAICM covers the following issues: (i) prevention and control of chemical pollution and waste with emphasis on persistent organic pollutants; (ii) enhancement of industry sector risk reduction through the global Harmonized System of Classification and Labelling of Chemicals in Belize; (iii) safe handling and use of chemicals with emphasis on pesticides to address poisoning, good agricultural practices and unnecessary threat to biodiversity; and (iv) chemical accidents, expand national emergency plans to include industrial accidents including in port and shipping channels to defend coastal zone integrity/biodiversity and safeguard human health. According to the Government, phase II of this project has been launched in June 2012 and will entail the development of a legal and institutional framework for the management of chemicals, including market surveillance measures. The Committee asks the Government to continue to provide information on any development in this respect, including on legal and institutional initiatives taken in this regard.

Application in practice. In its previous comments, the Committee requested the Government to provide more information on preventive measures in relation to an increasing number of accidental falls. It also notes that the Labour Department is intricately involved in the investigation of any major accidents or fatalities at the workplace; and that labour officers are engaged in labour education inclusive of OSH. Furthermore, according to the Government, the Social Security Board undertakes preventive actions, and the inspection staff under the Social Security Board engages in proactive inspections, education and training of employers and employees, and gives advice in the field of OSH. The Committee asks the Government to further specify preventive measures taken that address the high number of occupational accidents, and to continue to provide statistics such as on occupational accidents and diseases broken down by sector of occupation and on the development of the number of the workforce.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2013.

Repetition

Application of the Convention in law and in practice. The Committee notes that the Government’s report does not provide information on the effect given to each Article of the Convention. It also notes that, according to the Government, the National Occupational Safety and Health Bill (the OSH Bill) was submitted to Cabinet in November 2010. The Government also indicated that a conference was held by the Social Security Board in partnership with the Labour Department, under participation of all stakeholders, in order to provide the desired impetus towards the promulgation of the OSH Bill, but that the OSH Bill is yet to be enacted. The Committee wishes to emphasize that the indication that the new legislation is in the process of adoption does not free the Government from the obligation to ensure the application of the provisions of the Convention during the transition period and to provide such information in its report. The Committee requests the Government to supply detailed information on the application of the present Convention, including new legislation, if adopted, and where it has not been, the manner in which the Government ensures the application of the provisions of the Convention in practice.

Article 4 of the Convention. National policy. Noting the document entitled “proposed National Occupational Safety and Health (OSH) policy”, the Committee requests the Government to inform the Office if this proposed policy has been formally adopted and implemented and, if so, to provide detailed information on its implementation.

Articles 5(a), 11(f) and 12(b). Chemicals. Management of chemicals. The Committee notes from the Government’s report that, although Belize is not a producer of chemicals, these chemicals are imported for use mainly in the agricultural sector and that workers employed in this sector are therefore vulnerable to exposure. According to the Government, effective preventive and protective measures must be taken for their health and safety. The Committee also notes the information that in November 2010, the Government has launched the Strategic Approach to International Chemicals Management (SAICM), which entails the implementation of a chemicals management system in two phases through a multi-sectoral approach. SAICM covers the following issues: (i) prevention and control of chemical pollution and waste with emphasis on persistent organic pollutants; (ii) enhancement of industry sector risk reduction through the global Harmonized System of Classification and Labelling of Chemicals in Belize; (iii) safe handling and use of chemicals with emphasis on pesticides to address poisoning, good agricultural practices and unnecessary threat to biodiversity; and (iv) chemical accidents, expand national emergency plans to include industrial accidents including in port and shipping channels to defend coastal zone integrity/biodiversity and safeguard human health. According to the Government, phase II of this project has been launched in June 2012 and will entail the development of a legal and institutional framework for the management of chemicals, including market surveillance measures. The Committee asks the Government to continue to provide information on any development in this respect, including on legal and institutional initiatives taken in this regard.

Application in practice. In its previous comments, the Committee requested the Government to provide more information on preventive measures in relation to an increasing number of accidental falls. It also notes that the Labour Department is intricately involved in the investigation of any major accidents or fatalities at the workplace; and that labour officers are engaged in labour education inclusive of OSH. Furthermore, according to the Government, the Social Security Board undertakes preventive actions, and the inspection staff under the Social Security Board engages in proactive inspections, education and training of employers and employees, and gives advice in the field of OSH. The Committee asks the Government to further specify preventive measures taken that address the high number of occupational accidents, and to continue to provide statistics such as on occupational accidents and diseases broken down by sector of occupation and on the development of the number of the workforce.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Application of the Convention in law and in practice. The Committee notes that the Government’s report does not provide information on the effect given to each Article of the Convention. It also notes that, according to the Government, the National Occupational Safety and Health Bill (the OSH Bill) was submitted to Cabinet in November 2010. The Government also indicated that a conference was held by the Social Security Board in partnership with the Labour Department, under participation of all stakeholders, in order to provide the desired impetus towards the promulgation of the OSH Bill, but that the OSH Bill is yet to be enacted. The Committee wishes to emphasize that the indication that the new legislation is in the process of adoption does not free the Government from the obligation to ensure the application of the provisions of the Convention during the transition period and to provide such information in its report. The Committee requests the Government to supply detailed information on the application of the present Convention, including new legislation, if adopted, and where it has not been, the manner in which the Government ensures the application of the provisions of the Convention in practice.

Article 4 of the Convention. National policy. Noting the document entitled “proposed National Occupational Safety and Health (OSH) policy”, the Committee requests the Government to inform the Office if this proposed policy has been formally adopted and implemented and, if so, to provide detailed information on its implementation.

Articles 5(a), 11(f) and 12(b). Chemicals. Management of chemicals. The Committee notes from the Government’s report that, although Belize is not a producer of chemicals, these chemicals are imported for use mainly in the agricultural sector and that workers employed in this sector are therefore vulnerable to exposure. According to the Government, effective preventive and protective measures must be taken for their health and safety. The Committee also notes the information that in November 2010, the Government has launched the Strategic Approach to International Chemicals Management (SAICM), which entails the implementation of a chemicals management system in two phases through a multi-sectoral approach. SAICM covers the following issues: (i) prevention and control of chemical pollution and waste with emphasis on persistent organic pollutants; (ii) enhancement of industry sector risk reduction through the global Harmonized System of Classification and Labelling of Chemicals in Belize; (iii) safe handling and use of chemicals with emphasis on pesticides to address poisoning, good agricultural practices and unnecessary threat to biodiversity; and (iv) chemical accidents, expand national emergency plans to include industrial accidents including in port and shipping channels to defend coastal zone integrity/biodiversity and safeguard human health. According to the Government, phase II of this project has been launched in June 2012 and will entail the development of a legal and institutional framework for the management of chemicals, including market surveillance measures. The Committee asks the Government to continue to provide information on any development in this respect, including on legal and institutional initiatives taken in this regard.

Application in practice. In its previous comments, the Committee requested the Government to provide more information on preventive measures in relation to an increasing number of accidental falls. It also notes that the Labour Department is intricately involved in the investigation of any major accidents or fatalities at the workplace; and that labour officers are engaged in labour education inclusive of OSH. Furthermore, according to the Government, the Social Security Board undertakes preventive actions, and the inspection staff under the Social Security Board engages in proactive inspections, education and training of employers and employees, and gives advice in the field of OSH. The Committee asks the Government to further specify preventive measures taken that address the high number of occupational accidents, and to continue to provide statistics such as on occupational accidents and diseases broken down by sector of occupation and on the development of the number of the workforce.

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Application of the Convention in law and in practice. In its previous comments, the Committee asked the Government to report in detail on the application of the Convention. The Committee notes that the Government’s report does not provide information on the effect given to each Article of the Convention. It also notes that, according to the Government, the National Occupational Safety and Health Bill (the OSH Bill) was submitted to Cabinet in November 2010. The Government also indicated that a conference was held by the Social Security Board in partnership with the Labour Department, under participation of all stakeholders, in order to provide the desired impetus towards the promulgation of the OSH Bill, but that the OSH Bill is yet to be enacted. The Committee wishes to emphasize that the indication that the new legislation is in the process of adoption does not free the Government from the obligation to ensure the application of the provisions of the Convention during the transition period and to provide such information in its report. The Committee requests the Government to supply detailed information on the application of the present Convention, including new legislation, if adopted, and where it has not been, the manner in which the Government ensures the application of the provisions of the Convention in practice.

Article 4 of the Convention. National policy. Noting the document entitled “proposed National Occupational Safety and Health (OSH) policy”, the Committee requests the Government to inform the Office if this proposed policy has been formally adopted and implemented and, if so, to provide detailed information on its implementation.

Articles 5(a), 11(f) and 12(b). Chemicals. Management of chemicals. The Committee notes from the Government’s report that, although Belize is not a producer of chemicals, these chemicals are imported for use mainly in the agricultural sector and that workers employed in this sector are therefore vulnerable to exposure. According to the Government, effective preventive and protective measures must be taken for their health and safety. The Committee also notes the information that in November 2010, the Government has launched the Strategic Approach to International Chemicals Management (SAICM), which entails the implementation of a chemicals management system in two phases through a multi-sectoral approach. SAICM covers the following issues: (i) prevention and control of chemical pollution and waste with emphasis on persistent organic pollutants; (ii) enhancement of industry sector risk reduction through the global Harmonized System of Classification and Labelling of Chemicals in Belize; (iii) safe handling and use of chemicals with emphasis on pesticides to address poisoning, good agricultural practices and unnecessary threat to biodiversity; and (iv) chemical accidents, expand national emergency plans to include industrial accidents including in port and shipping channels to defend coastal zone integrity/biodiversity and safeguard human health. According to the Government, phase II of this project has been launched in June 2012 and will entail the development of a legal and institutional framework for the management of chemicals, including market surveillance measures. The Committee asks the Government to continue to provide information on any development in this respect, including on legal and institutional initiatives taken in this regard.

Application in practice. In its previous comments, the Committee requested the Government to provide more information on preventive measures in relation to an increasing number of accidental falls. It also notes that the Labour Department is intricately involved in the investigation of any major accidents or fatalities at the workplace; and that labour officers are engaged in labour education inclusive of OSH. Furthermore, according to the Government, the Social Security Board undertakes preventive actions, and the inspection staff under the Social Security Board engages in proactive inspections, education and training of employers and employees, and gives advice in the field of OSH. The Committee asks the Government to further specify preventive measures taken that address the high number of occupational accidents, and to continue to provide statistics such as on occupational accidents and diseases broken down by sector of occupation and on the development of the number of the workforce.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Application of the Convention in law and in practice. In its previous comments, the Committee asked the Government to report in detail on the application of the Convention. The Committee notes that the Government’s report does not provide information on the effect given to each Article of the Convention. It also notes that, according to the Government, the National Occupational Safety and Health Bill (the OSH Bill) was submitted to Cabinet in November 2010. The Government also indicated that a conference was held by the Social Security Board in partnership with the Labour Department, under participation of all stakeholders, in order to provide the desired impetus towards the promulgation of the OSH Bill, but that the OSH Bill is yet to be enacted. The Committee wishes to emphasize that the indication that the new legislation is in the process of adoption does not free the Government from the obligation to ensure the application of the provisions of the Convention during the transition period and to provide such information in its report. The Committee requests the Government to supply detailed information on the application of the present Convention, including new legislation, if adopted, and where it has not been, the manner in which the Government ensures the application of the provisions of the Convention in practice.

Article 4 of the Convention. National Policy. Noting the document entitled “proposed National Occupational Safety and Health (OSH) policy”, the Committee requests the Government to inform the Office if this proposed policy has been formally adopted and implemented and, if so, to provide detailed information on its implementation.

Articles 5(a), 11(f) and 12(b). Chemicals. Management of chemicals. The Committee notes from the Government’s report that, although Belize is not a producer of chemicals, these chemicals are imported for use mainly in the agricultural sector and that workers employed in this sector are therefore vulnerable to exposure. According to the Government, effective preventive and protective measures must be taken for their health and safety. The Committee also notes the information that in November 2010, the Government has launched the Strategic Approach to International Chemicals Management (SAICM), which entails the implementation of a chemicals management system in two phases through a multi-sectoral approach. SAICM covers the following issues: (i) prevention and control of chemical pollution and waste with emphasis on persistent organic pollutants; (ii) enhancement of industry sector risk reduction through the global Harmonized System of Classification and Labelling of Chemicals in Belize; (iii) safe handling and use of chemicals with emphasis on pesticides to address poisoning, good agricultural practices and unnecessary threat to biodiversity; and (iv) chemical accidents, expand national emergency plans to include industrial accidents including in port and shipping channels to defend coastal zone integrity/biodiversity and safeguard human health. According to the Government, phase II of this project has been launched in June 2012 and will entail the development of a legal and institutional framework for the management of chemicals, including market surveillance measures. The Committee asks the Government to continue to provide information on any development in this respect, including on legal and institutional initiatives taken in this regard.

Part V of the report form. Application in practice. In its previous comments, the Committee requested the Government to provide more information on preventive measures in relation to an increasing number of accidental falls. It also notes that the Labour Department is intricately involved in the investigation of any major accidents or fatalities at the workplace; and that labour officers are engaged in labour education inclusive of OSH. Furthermore, according to the Government, the Social Security Board undertakes preventive actions, and the inspection staff under the Social Security Board engages in proactive inspections, education and training of employers and employees, and gives advice in the field of OSH. The Committee asks the Government to further specify preventive measures taken that address the high number of occupational accidents, and to continue to provide statistics such as on occupational accidents and diseases broken down by sector of occupation and on the development of the number of the workforce.

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

The Committee notes that the Government reiterates that the issues raised by the Committee would have been addressed in a new National Occupational Safety and Health Act. According to available information the new Act has not yet been adopted. The Committee reiterates its request to the Government to submit copies of any new legislation as soon as it has been adopted; and to provide information on the measures undertaken and envisaged to give full effect to all the provisions of the Convention, including, in particular, Articles 4, 7, 8, and 11 of the Convention.

Part V of the report form. Application in practice. The Committee notes the information provided by the Government indicating that since May 2008 the labour force has increased to reach 120,511 in April 2009 and that over the period 2005–10 the number of employment injuries to persons have varied from 2,020 in 2005 to 2,215 in 2009 with a peak of 2,492 in 2008. The Committee also notes that among the employment injuries by cause, the number of accidental falls has increased from 481 in 2005 to 594 in 2009 with a peak in 2008 of 678. The Committee requests the Government to provide information on measures taken – in particular preventive measures – to address these developments and to continue to provide further information on the application of the Convention in practice.

[The Government is asked to report in detail in 2012.]

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

Articles 4, 7, 8 and 11 of the Convention. National policy on occupational safety and health and implementing laws and regulations. The Committee notes the information provided by the Government indicating that in 2003 a consultant was contracted to develop, in accordance with this Convention, an Occupational Safety and Health Bill (OSH Bill) and a National Occupational Safety and Health Policy (OSH National Policy). The Committee further notes the information that the National Occupational Safety and Health Committee (NOSHC) held countrywide consultations in 2004, with employers, workers and government departments on the proposed OSH Bill and OSH National Policy. The Committee welcomes the Government’s statement that Cabinet has now approved the proposed OSH National Policy and mandated the Attorney General’s Ministry to interpret draft legislation of the proposed Bill, and that the Government is now in the process of redrafting the OSH Bill to reflect amendments made by NOSHC after its 2004 review. The Committee requests the Government to submit copies of any new legislation as soon as it has been adopted; and to provide information on the measures taken and envisaged to give full effect to all the provisions of the Convention.

Part V of the report form. Application in practice. The Committee notes the information provided by the Government indicating that as of May 2008, approximately 114,465 workers were covered by the Labour Act, Factories Act and the Policy. The Committee further notes the attached statistical information on the number of workers, disaggregated by occupation and gender. The Committee requests the Government to provide information on the number of reported occupational accidents and diseases, and to provide further information on the application of the Convention in practice.

[The Government is asked to report in detail in 2010.]

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Articles 4, 7, 8 and 11 of the Convention. National policy on occupational safety and health and implementing laws and regulations. The Committee notes that the Government indicates that an Advisory Committee for Occupational Safety and Health was set up in 2002 composed of, inter alia, representatives from relevant public and private entities, as well as of employers and trade union representatives, and its functions include the development of a national policy on occupational safety and health (OSH) for the country intending to regulate activities in all sectors of the economy and to provide a legal and operational framework for its implementation. The Committee hopes that the national policy on OSH and relevant implementing laws and regulations will be developed and adopted in the near future, that provision will be made in this policy for a periodical review of the situation with respect to OSH in the country followed by a consequent adjustment of the national policy as necessary, and that efforts will be made, in this context, to provide for a progressive extension of the activities in this area to cover the functions enumerated in Article 11, paragraphs (a) to (f). The Committee requests the Government to submit copies of the national policy once it has been adopted and to provide further information on the implementing laws and regulations, in particular on the issues further detailed below.

With reference to what is stated above, the Committee notes the absence of laws or regulations ensuring the application of several provisions of the Convention, and requests the Government to provide information in its next report on how effect is given to the following provisions of the Convention:

–      Article 5. Scope of the national policy. The five main spheres of action that the national policy on occupational safety and health should cover;

–      Article 6. Institutional functional distribution. The relevant laws and regulations specifying the functions and responsibilities in respect of occupational safety and health of the public authorities, employers, workers and others;

–      Article 12. Responsibilities for “third persons”. The provisions establishing the responsibility for the persons concerned to ensure that the occupational use of machinery, equipment or substance does not endanger workers’ safety and health and that information concerning the correct use of machinery, equipment and substances is made available;

–      Article 13. Right to removal from situations representing imminent and serious danger and Article 19, paragraph (f). Obligation to report on situations representing imminent and serious danger. Additional information on the relevant legal provisions giving effect to these provisions;

–      Articles 14 and 19. Education and training on OSH at the national level and at the level of the undertaking;

–      Article 17. Collaboration whenever two or more undertakings are engaged in activities simultaneously at one workplace;

–      Article 20. Arrangements to ensure cooperation between management and workers within the undertaking; and

–      Article 21. Ensuring that occupational safety and health measures do not involve any expenditure for the workers.

Part V of the report form. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in the country and attach extracts from inspection reports and, where such exists, information on the number of workers covered by the legislation, the number and nature of the contraventions reported, the number, nature and cause of the accidents reported etc.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Articles 4, 7, 8 and 11 of the Convention. National policy on occupational safety and health and implementing laws and regulations. The Committee notes that the Government indicates that an Advisory Committee for Occupational Safety and Health was set up in 2002 composed of, inter alia, representatives from relevant public and private entities, as well as of employers and trade union representatives, and its functions include the development of a national policy on occupational safety and health (OSH) for the country intending to regulate activities in all sectors of the economy and to provide a legal and operational framework for its implementation. The Committee hopes that the national policy on OSH and relevant implementing laws and regulations will be developed and adopted in the near future, that provision will be made in this policy for a periodical review of the situation with respect to OSH in the country followed by a consequent adjustment of the national policy as necessary, and that efforts will be made, in this context, to provide for a progressive extension of the activities in this area to cover the functions enumerated in Article 11, paragraphs (a) to (f). The Committee requests the Government to submit copies of the national policy once it has been adopted and to provide further information on the implementing laws and regulations, in particular on the issues further detailed below.

2. With reference to what is stated above, the Committee notes the absence of laws or regulations ensuring the application of several provisions of the Convention, and requests the Government to provide information in its next report on how effect is given to the following provisions of the Convention:

–      Article 5. Scope of the national policy. The five main spheres of action that the national policy on occupational safety and health should cover;

–      Article 6. Institutional functional distribution. The relevant laws and regulations specifying the functions and responsibilities in respect of occupational safety and health of the public authorities, employers, workers and others;

–      Article 12. Responsibilities for “third persons”. The provisions establishing the responsibility for the persons concerned to ensure that the occupational use of machinery, equipment or substance does not endanger workers’ safety and health and that information concerning the correct use of machinery, equipment and substances is made available;

–      Article 13. Right to removal from situations representing imminent and serious danger and Article 19, paragraph (f). Obligation to report on situations representing imminent and serious danger. Additional information on the relevant legal provisions giving effect to these provisions;

–      Articles 14 and 19. Education and training on OSH at the national level and at the level of the undertaking;

–      Article 17. Collaboration whenever two or more undertakings are engaged in activities simultaneously at one workplace;

–      Article 20. Arrangements to ensure cooperation between management and workers within the undertaking; and

–      Article 21. Ensuring that occupational safety and health measures do not involve any expenditure for the workers.

3. Part V of the report form and Article 9 of the Convention. Please give a general assessment of the functioning of the labour inspectorate and the manner in which the Convention is applied in practice, including extracts from the reports of inspection services and the information on the number of employed persons covered by the relevant legislation and the number and nature of contraventions reported, etc.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes the information contained in the Government’s first report.

2. Articles 4, 7, 8 and 11 of the Convention. National policy on occupational safety and health and implementing laws and regulations. The Committee notes that the Government indicates that an Advisory Committee for Occupational Safety and Health was set up in 2002 composed of, inter alia, representatives from relevant public and private entities, as well as of employers and trade union representatives, and its functions include the development of a national policy on occupational safety and health (OSH) for the country intending to regulate activities in all sectors of the economy and to provide a legal and operational framework for its implementation. The Committee hopes that the national policy on OSH and relevant implementing laws and regulations will be developed and adopted in the near future, that provision will be made in this policy for a periodical review of the situation with respect to OSH in the country followed by a consequent adjustment of the national policy as necessary, and that efforts will be made, in this context, to provide for a progressive extension of the activities in this area to cover the functions enumerated in Article 11, paragraphs (a) to (f). The Committee requests the Government to submit copies of the national policy once it has been adopted and to provide further information on the implementing laws and regulations, in particular on the issues further detailed below.

3. With reference to what is stated above, the Committee notes the absence of laws or regulations ensuring the application of several provisions of the Convention, and requests the Government to provide information in its next report on how effect is given to the following provisions of the Convention:

–         Article 5. Scope of the national policy. The five main spheres of action that the national policy on occupational safety and health should cover;

–         Article 6. Institutional functional distribution. The relevant laws and regulations specifying the functions and responsibilities in respect of occupational safety and health of the public authorities, employers, workers and others;

–         Article 12. Responsibilities for “third persons”. The provisions establishing the responsibility for the persons concerned to ensure that the occupational use of machinery, equipment or substance does not endanger workers’ safety and health and that information concerning the correct use of machinery, equipment and substances is made available;

–         Article 13. Right to removal from situations representing imminent and serious danger and Article 19, paragraph (f). Obligation to report on situations representing imminent and serious danger. Additional information on the relevant legal provisions giving effect to these provisions;

–         Articles 14 and 19. Education and training on OSH at the national level and at the level of the undertaking;

–         Article 17. Collaboration whenever two or more undertakings are engaged in activities simultaneously at one workplace;

–         Article 20. Arrangements to ensure cooperation between management and workers within the undertaking; and

–         Article 21. Ensuring that occupational safety and health measures do not involve any expenditure for the workers.

4. Part V of the report form and Article 9 of the Convention. Please give a general assessment of the functioning of the labour inspectorate and the manner in which the Convention is applied in practice, including extracts from the reports of inspection services and the information on the number of employed persons covered by the relevant legislation and the number and nature of contraventions reported, etc.