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

Occupational Safety and Health Convention, 1981 (No. 155) - Ethiopia (Ratification: 1991)

Article 4 of the Convention. Formulation, implementation and review of a coherent national policy on occupational safety and health (OSH). The Committee notes with interest the Government’s indication, in reply to its previous request, that a National Occupational Safety and Health Policy and Strategy (OSH Policy) has been adopted. It notes that, following the adoption of the policy in 2014, a national tripartite council was due to be established in 2016 to coordinate, follow up and advise the Minister on the implementation of the policy and to monitor, evaluate and recommend action for improvement at both the federal and regional levels. The Committee requests the Government to continue providing information on the measures taken with respect to the implementation and review of the national OSH policy, in consultation with the most representative organizations of employers and workers.

Article 11(b) and (e). Functions to be carried out progressively including the determination of work processes and of substances and agents, exposure to which is to be controlled by the competent authority, and the annual publication of information on occupational accidents, occupational diseases and other injuries to health. The Committee notes, in reply to its previous request, the Government’s statement that the Ministry of Labour and Social Affairs at the federal and regional levels ensures the functions enumerated under Article 11 of the Convention through the labour inspection services. The Committee requests the Government to provide further information on the measures taken by the competent authority to ensure that the functions set out in Article 11(b) and (e) of the Convention are carried out, and particularly the determination of the work processes, substances and agents, exposure to which shall be prohibited, limited or made subject to authorization or control by the competent authority, and the annual publication of the measures taken pursuant to the national policy, and on occupational accidents, occupational diseases and other injuries to health which arise in the course of or in connection with work.

Articles 13 and 19(f). Protection of workers who removed themselves from imminent and serious danger. The Committee notes the Government’s reference, in reply to its previous request, to section 93 of the Labour Proclamation. It notes in this respect that section 93 of the Labour Proclamation refers to the obligation of workers to report to the employer any situation which they have reason to believe could present a hazard, but does not refer to the protection of workers who have removed themselves from such danger. The Committee accordingly requests the Government to take the necessary measures to ensure that workers who remove themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health, are protected from undue consequences and cannot be required to return to a work situation where there is a continuing imminent and serious danger to life or health.

Article 17. Cooperation between two or more employers at the same workplace. The Committee notes the Government’s indication, in reply to its previous request, that while there are no legislative provisions giving effect to Article 17 of the Convention, employers receive advice and support on how to fulfil their obligations with respect to making workplaces safe and healthy in the circumstances envisaged by this Article. Considering that advice and support to employers are not sufficient to ensure the application of this provision, the Committee requests the Government to take measures with a view to specifically prescribing that whenever two or more undertakings engage in activities simultaneously at one workplace, they collaborate on health and safety measures.

Article 19(e). Right of workers or their representatives to inquire into all aspects of OSH associated with their work and to have recourse to external technical advisers. The Committee once again requests the Government to provide information on the manner in which it is ensured that workers or their representatives or representative organizations in an undertaking are enabled to inquire into and are consulted by the employer on all aspects of OSH associated with their work.

Article 20. Cooperation at the level of the undertaking. The Committee notes the Government’s indication, in reply to the Committee’s previous request, that a bipartite OSH committee, comprising management and workers’ representatives in equal numbers, is to be established at the undertaking level to ensure cooperation between management and workers and/or their representatives. It notes in this respect that section 92(2) of the Labour Proclamation requires employers to establish an OSH committee, and that the Directive on the establishment of OSH committees adopted in 2006 specifies the role and functioning for such committees.

Article 21. OSH measures at no cost to the workers. The Committee notes the Government’s statement, in reply to its previous request, that the national legislation provides that OSH measures shall not involve any expenditure for workers. The Committee requests the Government to provide further information on the manner in which it is ensured that OSH measures do not involve any expenditure for the workers, identifying the relevant legal provisions in this respect.