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

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 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.