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

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

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.