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

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

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 45 (underground work (women)), 155 (OSH) and 167 (safety and health in construction) together.

A. General provisions

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

Article 9(2). Adequate penalties. In its previous comment, the Committee noted the Government’s indication that employers who breach OSH provisions may be sentenced by the court to a fine of 600 Lesotho Loti (39 USD) or to imprisonment for three months, or both, in accordance with section 239 of the Labour Code. However, the Committee notes that, according to the Government, in the case of any OSH violations there are no prosecutions and the owner of the enterprise would be given a warning and would be instructed to rectify. The Committee requests the Government to take the necessary measures to ensure the provision of adequate penalties for OSH violations and their effective application. It also requests the Government to provide information on the application of the relevant provisions in practice, including the violations detected and the penalties imposed.

Article 11(d). Inquiries. The Committee notes the Government’s indication, in reply to its previous request, that when occurrences are designated as dangerous by the Labour Commissioner, they are subject to an inquiry. The Committee notes the “Incident Investigation Form” transmitted by the Government together with its report, which contains information on the company, the incident descriptions and/or injury information, the incident classification, the root causes, the recommended corrective actions to prevent future incidents and the summary of principal key learning from the incident. The Committee takes note of this information, which addresses its previous request.

Article 14. Promotion of occupational safety and health in education. Following its previous comment, the Committee notes the Government’s indication that, although there are no specific legislative provisions regarding the promotion of OSH at all levels of education, the Council of Higher Education has been made aware that OSH principles should be observed and incorporated in the manual of instructions of higher learning. The Government indicates that it hopes that the same sensitization and awareness-raising will be extended to other levels of education. The Committee requests the Government to continue to provide information on the measures taken in practice to include OSH issues at all levels of education and training.

Article 19(c) and (e). Information and consultation at the level of the undertaking. The Committee notes the Government’s indication in its report submitted under Convention No. 167, that section 93 (4) of the Labour Code provides that every employer shall consult employees’ representatives who sit on the safety and health committee, with a view to making and maintaining arrangements which will effectively promote measures of safety and health at work, and in checking the effectiveness of such measures. The Committee also notes the Government’s indication that the national OSH policy provides for workers to take part in hazard identification and risk assessment. The Committee requests the Government to indicate the provisions of national legislation ensuring that workers or their representatives and their representative organizations are enabled to enquire into all aspects of OSH associated with their work.

B. Protection in specific branches of activity

1. Underground Work (Women) Convention, 1935 (No. 45)

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism (SRM) Tripartite Working Group, classified Convention No. 45 as an outdated instrument, and has placed an item on the agenda of the International Labour Conference in 2024 (112th Session) for due regard to be given to its abrogation. The Governing Body also requested the Office to follow up with member States currently bound by Convention No. 45 to encourage the ratification of up-to-date instruments related to OSH, including but not limited to the Safety and Health in Mines Convention, 1995 (No. 176), and to undertake a campaign to promote the ratification of Convention No. 176. The Committee therefore encourages the Government to follow up on the Governing Body’s decision at its 334th Session (October–November 2018) approving the recommendations of the SRM Tripartite Working Group, and to consider ratifying the most up-to-date instruments in this subject area.

2. Safety and Health in Construction Convention, 1988 (No. 167)

Legislation. Following its previous comment, the Committee notes the Government’s indication that the national OSH policy adopted in 2020 will set the foundation for the enactment of the OSH Act, which will give effect to the principles provided by the Convention. The Committee further notes that the information provided by the Government responds to its previous request on the effect given to Articles 6, 10, 13, 14, 17(3) and 21 of the Convention. The Committee requests once again the Government to indicate how effect is given to Article 5 on technical standards and codes of practice; Article 8 on cooperation between two or more employers simultaneously undertaking activities at one construction site, and on cooperation duties of self-employed persons; Article 23(3) on safe and sufficient transport where work is done over or in close proximity to water; Article 27(b) on explosives not to be stored, transported, handled or used except by a competent person; Article 28(2)(a) on replacement of hazardous substances by harmless or less hazardous substances and disposal of waste; Article 31 on removal for medical attention. The Committee also refers to 2021 observation under Convention No. 155 regarding the adoption of the OSH Act.

Articles 1(3) and 7 of the Convention. Self-employed persons. The Committee notes the Government’s statement in its report, in reply to its previous request, that the new OSH Act, which the Government intends to adopt, will cover all workers and employers in all sectors of the economy and in all forms of employment relationships, including self-employed persons. Taking due note of this information, the Committee requests the Government to provide information on the developments in this respect.

Articles 11(d) and 12. Workers’ rights to report any situation presenting a risk and which they cannot properly deal with themselves and right to removal. The Committee notes that according to the Government, the national OSH policy includes the right of the workers to refuse to undertake any work that is not safe because of hazards existing before the commencement of the job. The Government indicates that the policy also provides for workers to take part in hazard identification and risk assessment. The Committee request the Government to take the necessary measures, in the context of the adoption of the OSH Act, in order to ensure that workers have the right to report to their immediate supervisor, and to the workers' safety representative where one exists, any situation which they believe could present a risk, and which they cannot properly deal with themselves. It also requests the Government to take measures to ensure that a worker shall have the right to remove himself from danger when he has good reason to believe that there is an imminent and serious danger to his safety or health.

Application of the Convention in practice. Following its previous comment, the Committee notes the statistical information provided by the Government on the number of occupational injuries with a breakdown by cause, nature and outcome of the accident for the period 2019–20. However, the Committee notes that the Government does not provide information on the number of workers covered by the legislation and the cases of occupational disease. The Committee requests the Government to continue to provide information on the manner in which the Convention is applied in practice, including on the number of workers covered by the legislation, the number, nature and cause of occupational disease and extracts from the reports of inspection services.

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

Articles 1 and 2 of the Convention. Scope of application. Public employees. The Committee notes the Government’s indication, in reply to its previous request, that the national occupational safety and health (OSH) policy adopted in 2020 will pave the way for the adoption of the OSH Act, which will ensure that public employees benefit from the protection of the provisions of the Convention. The Committee further notes the Government’s reference to section 138 of the Public Service Regulations, 2008, which provides that the Head of Department shall establish and maintain a safe and healthy work environment for public officers, and that a public officer shall not engage in any activity that threatens the safety of other public officers. Taking due note of this information, the Committee requests the Government to continue to provide information on the measures taken or envisaged to ensure that public employees benefit from the protection of the provisions of the Convention, as well as any progress made regarding the adoption of the envisaged OSH Act. It request the Government to provide a copy of the national OSH policy and the relevant legislation, once adopted.

Articles 13 and 19(f). Protection of workers removed from imminent and serious danger. Following its previous comment, the Committee notes the Government’s statement that the Labour Code Bill 2021 will give effect to these provisions of the Convention. The Committee also notes the Government’s indication in its report under Convention No. 167, that the national OSH policy includes the right of the workers to refuse to undertake any work that is not safe because of hazards existing before the commencement of the job. The Committee requests the Government to provide information on any progress made towards the amendment to the Labour Code and to provide a copy of the relevant legislation as soon as it has been adopted, indicating the specific provisions giving effect to these Articles of the Convention.

Article 17. Collaboration between two or more undertakings engaged in activities simultaneously at the same workplace. The Committee notes the Government’s reference, in reply to its previous request, to section 25 of the Workmen’s Compensation Act of 1977, which concerns liability in case of workers employed by contractors. However, the Committee observes that Article 17 of the Convention refers to a situation where two or more undertakings are engaged in activities simultaneously at one workplace and collaboration is required in applying the requirements of the Convention. The Committee requests once again the Government to take measures to ensure in law and in practice that whenever two or more undertakings engage in activities simultaneously at one workplace, they collaborate in applying the provisions regarding OSH and the working environment.

The Committee is raising other matters in a request addressed directly to the Government.

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

Article 9(2) of the Convention. Adequate penalties. The Committee notes the Government’s reference, in reply to its previous request, to section 293 of the Labour Code, which provides that any person convicted of an offence under the Labour Code for which no specific penalty has been provided shall be liable to a fine of 600 Lesotho Loti or to imprisonment for three months, or both. The Government indicates that employers who breach OSH provisions may be sentenced by the court to such a penalty, and it refers to two cases where employers were subject to a fine for contravening section 93 of the Labour Code (concerning the duties of employers relating to OSH). The Committee requests the Government to continue providing information on the application of penalties for violations relating to OSH, including information on the number and nature of the penalties imposed, as well as the violations to which they relate.

Article 11(d). Inquiries. The Committee notes the Government’s reference, in reply to its previous request, to section 101(2) of the Labour Code, which provides that the Labour Commissioner may, by notice in the Gazette, specify an occurrence to be a dangerous occurrence. Recalling that Article 11(d) requires the holding of inquiries where cases of occupational accidents and occupational diseases appear to reflect situations which are serious, the Committee requests the Government to provide information on whether occurrences designated by the Labour Commissioner as dangerous occurrences are subject to an inquiry.

Article 14. Promotion of occupational safety and health in education. Noting the Government’s indication that there are no specific legislative provisions regarding the promotion of OSH at all levels of education, the Committee requests the Government to provide information on the measures taken in practice to include OSH issues at all levels of education and training.

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

Articles 1 and 2 of the Convention. Scope of application. Public employees. The Committee notes the Government’s statement, in reply to its previous request, that there is no legislation ensuring that the measures of protection required under the Convention apply to public employees, as such employees are excluded from the application of the Labour Code. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that public employees benefit from the protection of the provisions of the Convention.

Articles 13 and 19(f). Protection of workers removed from imminent and serious danger. The Committee notes the Government’s reference, in reply to its previous request, to section 66(2) of the Labour Code which concerns protection against unfair dismissal. The Committee observes that this section does not give effect to the provisions of the Convention. It notes in particular that section 66(3) of the Labour Code lists the invalid grounds for dismissal, but it does not cover specifically the situation described in Article 13 of the Convention. In this regard it recalls that the protection foreseen in Article 13 of the Convention refers to the protection of workers from undue consequences where they have removed themselves from a situation they believe presents an imminent and serious danger to their life or health, and that Article 19(f) of the Convention provides that an employer cannot require the worker to return to a work situation where there is continuing imminent and serious danger to life or health. The Committee urges the Government to take the necessary measures to give effect to these Articles of the Convention, and to provide information in this respect.

Article 17. Collaboration between two or more undertakings engaged in activities simultaneously at the same workplace. The Committee notes the Government’s indication, in reply to its previous request, that there are no specific provisions in the Labour Code giving effect to Article 17 of the Convention. The Committee requests the Government to take measures to ensure in law or in practice that whenever two or more undertakings engage in activities simultaneously at one workplace they shall collaborate in applying the provisions regarding OSH and the working environment.

Article 19(c) and (e). Information and consultation at the level of the undertaking. Noting the Government’s indication that the Labour Code does not contain provisions giving effect to Article 19(c) and (e), the Committee requests the Government to take measures to ensure that there are arrangements at the level of the undertaking under which representatives of workers in an undertaking are given adequate information on measures taken to secure OSH and that workers or their representatives and their representative organizations are enabled to enquire into, and are consulted by the employer on all aspects of OSH associated with their work.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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 comments.

Repetition

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 was 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.

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

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.

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

Articles 1 and 2 of the Convention. Scope of application – public employees. The Committee notes the Government’s statement that while relevant national legislation does not currently address the safety and health of public employees in all aspects, this will be brought to the attention of the relevant authorities for appropriate action. The Committee requests that the Government report on measures taken in law and in practice to ensure that workers in the public sector are also covered under relevant national legislation.

Articles 4, 5 and 7. National policy. The Committee notes the Government’s statement that a draft national occupational safety and health profile is being developed in consultation with representatives of workers and employers as a preliminary step towards creating a national policy on occupational safety and health. The Committee welcomes this development and in this context invites the Government to seek guidance from paragraphs 53–78 of the 2009 General Survey on Occupational Safety and Health. The Committee hopes the Government will soon adopt a national policy, taking due account of the provisions of the Convention including Articles 4, 5 and 7, and requests the Government to submit a copy thereof once adopted.

Articles 13 and 19(f). Protection of workers removed from situations presenting imminent and serious danger. The Committee notes and welcomes the Government’s stated intention to regulate the subject matter covered in Articles 13 and 19(f) of the Convention. With reference to the information provided concerning section 94(d) of the draft amended Labour Code Order No. 24 of 1992, the Committee invites the Government to also seek guidance in this respect from the abovementioned General Survey. In particular, see paragraphs 73 and 145–152. The Committee hopes that the Government will soon take all relevant measures to ensure compliance, in law and in practice, with Articles 13 and 19(f) of the Convention and requests it to submit copies of relevant legislation once adopted.

Article 19(c) and (e). Role and functions of workers’ representatives at the level of the undertaking. The Committee welcomes the stated intention by the Government to regulate this subject matter in the draft amended Labour Code Order No. 24 of 1992. With reference to the information provided regarding section 93(e) of this draft, the Committee invites the Government to seek guidance on this from the abovementioned General Survey, in particular, see paragraphs 199 and 202–203. The Committee hopes that the Government will soon take all relevant measures to ensure compliance, in law and in practice, with Article 19(c) and (e) and requests it to submit copies of relevant legislation once adopted.

Article 8. National legislation. With reference to its previous comments, the Committee notes that the Government’s report is silent as to measures taken to ensure compliance with Article 11(d), holding of inquires; Article 14, occupational safety and health at all levels of education; and Article 17, cooperation between two or more employers at the same workplace. The Committee reiterates its request to the Government to provide information in its next report on the measures taken or envisaged to ensure compliance, in law and in practice, with these Articles of the Convention.

Part V of the report form. Application in practice. Article 9. Labour inspection. The Committee notes the detailed information regarding the national labour inspection system including information on its objectives, achievements and challenges. It also notes the statistical information provided regarding reported accidents and fatalities, and the industries in which such accidents occurred. While the data seem to indicate a marked increase in the number of reported accidents as of 2004, the Committee notes the Government’s explanation that this increase most probably reflects the results of campaigns to increase accident reporting carried out in 2003. The Committee welcomes the efforts to increase the efficiency of the reporting mechanisms. The Committee requests the Government to continue to provide information on the functioning of the labour inspection system and efforts to improve it; the campaigns referred to and their outcome; statistical data including information on occupational diseases; and information on measures taken to lower the number of occupational accidents and diseases in the country.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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

2. Articles 1 and 2 of the Convention. Scope of application. The Committee notes that section 92 of the Labour Code Order, 1992, provides that the occupational safety and health regulations (Part VII of the Order) is not applicable to mining activities that are covered by the Mine Safety Act, 1981. It also notes that under section 2(1) of the Labour Code Order it is only applicable to employment in the private sector. In this respect, it refers the Government to Articles 1, paragraph 1, and 3 of the Convention, which provide that the Convention covers all branches in which workers are employed, including the public service. The Committee requests the Government to provide information with its next report on the reasons for not including the public sector, whether consultations were held with representative organizations of employers and workers on this issue and on measures taken or envisaged to ensure adequate protection for workers in the public sector, in accordance with the Convention.

3. Articles 4, 5 and 7. National policy. The Committee notes that the National Advisory Council for Occupational Safety and Health (NACOSH), established under section 46 of the Labour Code Order, is the statutory tripartite body with the task of formulating, implementing and periodically reviewing the national policy. It notes with interest the Government’s statement that while it has not yet adopted any written national policy NACOSH has recently adopted, in consultation with employers’ and workers’ organizations, a recommendation to formulate a coherent national policy based on Conventions Nos. 155 and 167. The Committee hopes that the Government will soon be able to supply a copy of the national occupational safety and health policy giving effect to the Convention, taking into account the main spheres enumerated in Article 5. It also asks the Government to provide information with respect to the revision at appropriate intervals of the national policy, in accordance with Article 7.

4. Article 8. National legislation. The Committee notes the Government’s statement that while current national legislation does not ensure the full application of the Convention at present, the legal framework is being revised. The Committee welcomes this and hopes that the new legislation will ensure application of all aspects of the Convention, including in particular the provisions that it is ensured that workers have the right to leave their workplace or a danger zone when they have reasonable justification to believe presents an imminent and serious danger to her/his life without any undue consequences in accordance with Article 13, that employers cannot require workers to return to a work situation where there is continuing imminent and serious danger to life and health (Article 19, paragraph (f)) and that inquiries are held where cases of occupational accidents, diseases or any other injuries to health reflecting situations that are serious (Article 11, paragraph (d)). The Committee also hopes that it will be ensured that occupational safety and health issues are included at all levels of education and training (Article 14) and that employers carrying out work in the same workplace have a legal obligation to cooperate in order to apply the requirements of the Convention (Article 17). The Committee further hopes that arrangements will be made in the undertakings ensuring that workers are given adequate information by the employer (Article 19, paragraph (c)) and that workers or their representatives are able to inquire and are consulted by the employer on all aspects of OSH (Article 19, paragraph (e)). It requests the Government to provide information with its next report on the measures taken or envisaged to amend the existing legislation and to provide copies of proposed and/or enacted laws.

5. Article 9 and Part V of the report form. Labour inspection. The Committee notes the Government’s statement that enforcement of OSH laws and regulations is ensured by specialized occupational safety and health inspectors. It also notes that labour inspectors provide guidance to employers and workers, in accordance with Article 10. The Committee asks the Government to provide detailed information with its next report on activities carried out by the labour inspection to ensure the application of occupational safety and health and the working environment, including extracts from inspection reports, the number of workers covered by the legislation and the number and nature of contraventions reported. In this respect, the Committee notes that statistical information on occupational accidents, diseases and other injuries to health is published in the annual report of the Directorate of Occupational Safety and Health and asks the Government to provide a copy with its next report of the latest annual report.