Thursday, May 6, 2021

ILO Convention C155 & Recommendation R 164 - Occupational Safety and Health


In 1981, the ILO adopted the Occupational Safety and Health Convention (C155). This describes a basic policy for health and safety at both the national level and the level of the individual organisation.

The Occupational Safety and Health Recommendation 1981 (R164) supplements C155 and provides more detailed guidance on how to comply with the policies of C155.

In particular, it identifies obligations that might be placed on employers and employees in order to achieve the basic goal of a safe and healthy place of work.

Countries that belong to the ILO have ratified C155 and R164 and have then legislated to put their requirements into their own national (or regional) law.

In C155 and R164 Article 4 says measures should be taken to eliminating hazards at their source for all activities and different types of work in particular in the following fields.

(a) design, siting, structural features, installation, maintenance, repair and alteration of workplaces and means of access thereto and egress therefrom;
(b) lighting, ventilation, order and cleanliness of workplaces;
(c) temperature, humidity and movement of air in the workplace;
(d) design, construction, use, maintenance, testing and inspection of machinery and equipment liable to present hazards and, as appropriate, their approval and transfer;
(e) prevention of harmful physical or mental stress due to conditions of work;
(f) handling, stacking and storage of loads and materials, manually or mechanically;
(g) use of electricity;
(h) manufacture, packing, labelling, transport, storage and use of dangerous substances and agents, disposal of their wastes and residues, and, as appropriate, their replacement by other substances or agents which are not dangerous or which are less dangerous;
(i) radiation protection;
(j) prevention and control of, and protection against, occupational hazards due to noise and vibration;
(k) control of the atmosphere and other ambient factors of workplaces;
(l) prevention and control of hazards due to high and low barometric pressures;
(m) prevention of fires and explosions and measures to be taken in case of fire or explosion;
(n) design, manufacture, supply, use, maintenance and testing of personal protective equipment and protective clothing;
(o) sanitary installations, washing facilities, facilities for changing and storing clothes, supply of drinking water, and any other welfare facilities connected with occupational safety and health;
(p) first-aid treatment;
(q) establishment of emergency plans;
(r) supervision of the health of workers.

C155 ARTICLE 16 AND R164 ARTICLE 10 PUTS THE FOLLOWING OBLIGATIONS ON EMPLOYER:
  • To provide workplaces and work equipment, and use work methods, which are safe and pose no to risk to health
  • To provide appropriate instructions and training
  • To provide necessary supervision
  • To put in place health and safety arrangements adapted to suit the size and nature of the undertaking
  • To provide any necessary personal protective clothing and equipment free of charge
  • To ensure that the hours of work do not adversely affect employees safety and health
  • To take measures to eliminate any extreme physical and mental fatigue
  • To stay up to date with knowledge in order to comply with the above.

 
R164 SAYS THE WORKERS RESPONSIBILITIES:
  • Take reasonable care of their own safety and that of other people who might be affected by the things that they do and the things that they fail to do.
  • Comply with safety instructions and procedures.
  • Use all safety equipment properly and not tamper with it.
  • Report any situation that they believe could be a hazard and which they cannot themselves correct.
  • Report any work-related accident or ill-health.

C155 ARTICLE 19 GIVES WORKERS THE FOLLOWING RIGHTS:
  • The right to be provided with adequate information on actions the employer has taken to ensure occupational safety and health.
  • The right to the necessary training in occupational safety and health.
  • The right to be consulted by the employer on all matters of occupational safety and health relating to their work.
  • The right to leave a workplace which the worker has reason to think presents an imminent and serious danger to his or her life or health and not be compelled to return until it is safe. 

In C155 and R164 there is a general recognition that most of the responsibility for ensuring good standards of health and safety at work lies with the employer - since he or she provides the work, the workplace, the tools, systems, methods, etc. They also recognise that individual workers have responsibilities. Though the legal wording varies between countries, the general theme is that employers and workers must exercise reasonable care to ensure safety and absence of risk to health.

Article 19 of C155 states that all workers and their representatives have to co-operate with their employer so that he or she can fulfill his or her safety obligations.

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