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

Ghana

Guarding of Machinery Convention, 1963 (No. 119) (Ratification: 1965)
Safety and Health in Agriculture Convention, 2001 (No. 184) (Ratification: 2011)

In order to provide a comprehensive view of the issues relating to the application of ratified occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine Conventions Nos 119 (machine safety) and 184 (occupational safety and health in agriculture) together.

Ongoing legislative reform and policy development. The Committee notes the Government’s reference, in its report submitted under Convention No. 119, to an ongoing legislative reform on OSH. It notes in this respect that both a draft OSH Bill and a draft OSH policy have been developed. The Committee requests the Government to take into account the Committee’s comments below in the context of its ongoing legislative reform and ongoing policy development processes. It requests the Government to provide a copy of the OSH Act and the OSH policy, once adopted.

Guarding of Machinery Convention, 1963 (No. 119)

Articles 1 and 17 of the Convention. Scope of application. The Committee previously noted the provisions of the Factories, Offices and Shops Act, 1970, and the Mining Regulations, 1970, giving effect to the Convention in factories, offices, shops and in the mining sector.

The Committee notes that the Government repeats its previous statement that it is taking all necessary steps to ensure the guarding of machinery in all sectors of economic activity, especially in agriculture, forestry, road and rail transport and shipping, to safeguard the safety of workers in these sectors. The Government reiterates in this respect that the need to apply the Convention in these sectors will be taken up in the revision of the legislation on OSH in due course. The Committee urges the Government to take the necessary measures, including in the context of the ongoing legislative reform on OSH, to ensure the application of the Convention to all sectors of economic activity. It requests the Government to provide information on the measures taken in this respect.

Safety and Health in Agriculture Convention, 2001 (No. 184)

The Committee notes the Government’s first report.

Article 4(1) of the Convention. National policy on safety and health in agriculture. The Committee notes the Government’s indication in its report that the Labour Act (No. 651) of 2003 gives effect to the provisions of the Convention. The Committee also notes that the draft OSH Bill foresees the establishment of a National Commission on Occupational Safety and Health, which will include a committee on agriculture. The Committee requests the Government to pursue its efforts with respect to the formulation and implementation of a coherent national policy on safety and health in agriculture, after consultation of the representative organizations of employers and workers concerned. It also requests the Government to provide information on the measures taken to periodically review the national policy, once implemented.

Article 5. Adequate and appropriate system of inspection. The Committee notes the Government’s indication that the Labour Department and Department of Factories Inspectorate ensure the prevention of occupational accidents and injuries to health arising out of, and in the course of, employment. It notes in this respect the detailed information contained in the Statistical Report of the Minister of Employment and Labour Relations of 2016, published on the Government’s website in August 2017, related to the inspection activities of the Labour Department and the Department of Factories Inspectorate. This data, disaggregated by sector, does not contain information on any labour inspection visits conducted in the agricultural sector. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that an adequate and appropriate system of inspection for agricultural workplaces is in place and is provided with adequate means.

Article 6(2). Cooperation between two or more employers in an agricultural workplace. The Committee requests the Government to take the necessary measures, including in the context of the ongoing legislative reform on OSH, to ensure that whenever two or more employers undertake activities in an agricultural workplace, or one or more employers and one or more self-employed persons undertake activities, they shall cooperate in applying the safety and health requirements.

Article 7. Risk assessments and adoption of preventive and protective measures. The Committee notes that section 118(c) of the Labour Act requires the employer to provide the necessary information, instructions, training and supervision to workers having regard to their age, literacy level and other circumstances, to ensure, so far as is reasonably practicable, their health and safety at work, in accordance with Article 7(b) of the Convention. The Committee requests the Government to provide information on the measures taken, including in the context of the ongoing legislative reform on OSH, to ensure that employers in agriculture: (i) carry out appropriate risk assessments in relation to the safety and health of workers and adopt preventive and protective measures to ensure that under all conditions of their intended use, all agricultural activities, workplaces, machinery, equipment, chemicals, tools and processes under the control of the employer are safe, in accordance with Article 7(a); and (ii) take immediate steps to stop any operation where there is an imminent and serious danger to safety and health and to evacuate workers as appropriate, in accordance with Article 7(c).

Article 8. Rights and duties of workers in agriculture and their representatives. The Committee notes that section 10 of the Labour Act, providing that the rights of a worker include the right to receive information relevant to his or her work, gives partial effect to Article 8(1)(a). Section 118(3), providing that it is the obligation of every worker to use safety appliances, firefighting equipment and personal protective equipment provided by the employer in compliance with the employer’s instructions, gives partial effect to Article 8(2). The Committee requests the Government to provide information on the measures taken to ensure that workers in agriculture have the right to be consulted on safety and health matters including risks from new technologies, in accordance with Article 8(1)(a). It also requests further information on measures taken to provide that workers in agriculture and their representatives have the duty to comply with the prescribed safety and health measures and to cooperate with employers in order for the latter to comply with their own duties and responsibilities, in accordance with Article 8(2)). Lastly, the Committee requests the Government to provide information on the consultations held with the social partners in the establishment of procedures in this respect, in accordance with Article 8(4) of the Convention.

Articles 9 and 10. Machine safety. The Committee notes the Government’s indication that the national legislation does not contain any provisions covering Article 10(a), although employers are required to comply with manufacturers’ manuals. The Committee also notes the Government’s reference to the Driver and Vehicle Licensing Authority Act regarding the operation of vehicles. With reference to its comments above concerning Convention No. 119, the Committee requests the Government to provide information on the measures taken: (i) to prescribe that machinery, equipment, including personal protective equipment, appliances and hand tools used in agriculture, comply with national or other recognized safety and health standards and be appropriately installed, maintained and safeguarded (Article 9(1)); (ii) to ensure that manufacturers, importers and suppliers comply with such standards and provide adequate and appropriate information to the users and, on request, to the competent authority (Article 9(2)); and (iii) to ensure that workers receive and understand the safety and health information supplied by manufacturers, importers and suppliers (Article 9(3)). The Committee also requests the Government to take measures to ensure that national laws and regulations: (i) prohibit the use of all agricultural machinery and equipment for purposes other than those initially envisaged (Article 10(a)); and (ii) require that all agricultural machinery and equipment be operated by trained and competent persons (Article 10(b)).

Article 11. Handling and transport of materials. The Committee notes that pursuant to section 118(2)(b) of the Labour Act, the employer shall ensure the safety and absence of risks to health with regard to the use, handling, storage and transport of articles and substances. It also notes that section 7(1) of the Labour Regulations (L.I. No. 1833) of 2007 provides that young persons shall not be employed in work involving manual lifting of loads exceeding 25 kilograms. The Committee requests the Government to provide information on any further measures taken to establish safety and health requirements for the handling and transport of materials, (Article 11(1)); as well as measures taken to ensure that workers do not engage in the manual handling or transport of a load which by reason of its weight or nature is likely to jeopardize their safety and health (Article 11(2)).

Article 12. Sound management of chemicals. The Committee notes the Government’s indication that the Ghana Standards Authority (GSA) and the Food and Drugs Authority (FDA) are responsible for the establishment of specific criteria for the importation of chemicals used in agriculture and that the inspectorate division of the Environmental Protection Agency (EPA) is responsible for the system for the safe collection, recycling and disposal of chemical waste. The Committee requests the Government to provide further information on: (i) the system establishing specific criteria for the importation, classification, packaging and labelling of chemicals used in agriculture and for their banning or restriction (Article 12(a)); and (ii) the measures taken to ensure that those who produce, import, provide, sell, transfer, store or dispose of chemicals used in agriculture comply with safety and health standards, and provide adequate and appropriate information to the users (Article 12(b)). It also requests the Government to provide further information on the manner in which the system established by the EPA ensures the safe collection, recycling and disposal of chemical waste, obsolete chemicals and empty containers of chemicals so as to avoid their use for other purposes and to eliminate or minimize the risks to safety and health and to the environment, in accordance with Article 12(c) of the Convention.

Article 13. Preventive and protective measures in agriculture for the use of chemicals and handling of chemical waste at the level of the undertaking. The Committee notes that the Government indicates that the FDA, the EPA, the Ministry of Food and Agriculture and the GSA are responsible for preventive and protective measures for the use of chemicals and the handling of chemical waste at the level of the undertaking. The Committee requests the Government to provide further detailed information on the preventive and protective measures adopted in this regard, in particular in relation to Article 13(2)(a), (b), (c) and (d).

Article 14. Animal handling and protection against biological risks. The Committee notes the Government’s indication that effect is given to Article 14 of the Convention by: the by-laws of the District Assembly, the Labour Department and the Factories Inspectorate during inspections, and the Ministry of Food and Agriculture. The Committee requests the Government to provide further information on the measures taken or envisaged to ensure that risks are prevented or kept to a minimum when biological agents are handled, and activities involving animals, livestock and stabling areas, comply with national or other recognized health and safety standards.

Article 15. Agricultural installations. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that the construction, maintenance and repairing of agricultural installations are in conformity with national laws, regulations and safety and health requirements.

Article 16. Young workers and hazardous work. The Committee notes that, under section 91 of the Children’s Act (No. 569) of 1998, the minimum age for hazardous work is 18 years. Section 91(3) provides that hazardous work includes, inter alia, porterage of heavy loads and work in places where machines are used. The Committee also recalls that in its comments under the Worst Forms of Child Labour Convention, 1999 (No. 182), it noted that the Government envisaged reviewing and updating the list of types of hazardous work under section 91, and that a new list of hazardous work had been finalized in the cocoa sector within the framework of the National Programme for the Elimination of Worst Forms of Child Labour in the cocoa industry. The Committee requests the Government to provide further information on the measures taken or envisaged to ensure that children under 18 do not engage in hazardous work in agriculture (Article 16(1)), as well as on the determination of the types of employment or work in agriculture considered as hazardous, after consultation with the representative organizations of employers and workers concerned (Article 16(2)).

Article 18. Pregnancy, breastfeeding and the reproductive health of women agricultural workers. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that the special needs of women agricultural workers are taken into account in relation to pregnancy, breastfeeding and reproductive health.

Article 19. Welfare and accommodation facilities. The Committee notes that section 118(2)(f) and (g) of the Labour Act gives effect to Article 19(a). The Committee requests the Government to provide information on the measures taken to prescribe the minimum accommodation standards for workers who are required by the nature of the work to live temporarily or permanently in the undertaking, pursuant to Article 19(b) of the Convention.

Article 21. Coverage for occupational injuries and diseases. The Committee requests the Government to provide information on the measures taken or envisaged to provide coverage by insurance or social security schemes to agricultural workers at least equivalent to that enjoyed by workers in other sectors for fatal and non-fatal occupational injuries and diseases, as well as against invalidity and other work-related health risks.

Application in practice. The Committee requests the Government to provide information on the manner in which the Convention is applied in practice and, where such statistics exist, information on the number of workers covered by the relevant legislation, the number and nature of infringements reported and the number, nature and cause of occupational accidents and diseases recorded.