Parliamentary briefing on ILO Conventions No 144/1976 and Conventions NO 155/1981

1
Introduction

• Parliamentary briefing on ILO Conventions No
  144/1976 and Conventions NO 155/1981

2
Summary

• One of the ILOs oldest and most important
  functions is the adoption by the tripartite
  International Labour Conference of instruments,
  which set international standards.
• Labour standards usually take the form of a
  Convention, Protocol or Recommendation.

3
Summary cont.

• Conventions are instruments that upon
  ratification be a Member State create legal
  obligations. Protocols and Recommendations are
  issue specific and not open to ratification, but
  give guidance as to policy, legislation and
  practice regarding a specific Convention.

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SUBJECT 1

• Convention No 144 concerning Tripartite
  Consultations to Promote the Implementation of
  International Labour Standards,1976

5
SUBJECT 2

• Convention No 155 Occupational Safety and Health
  and the Working Environment, 1983.

6
CONVENTION 144

• Aims to encourage effective consultation between
  representatives of government, employers and
  workers on International Labour standards.
• These includes
• Government replies to questionnaires concerning
  items on the agenda of the International Labour
  Conference and comments on proposed texts to be
  discussed by the conference.

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Convention 144 cont.

• Proposals to be made to the competent authority (
  Parliament in the case of South Africa) in
  connection with the submission of instruments
  pursuant to articles 19 of the ILO Constitution.
• Questions arising out of reports on ratified
  Conventions to be under article 22 of the
  Constitution of the ILO.
• Proposal for the denunciation of ratified
  conventions.

8
NEDLAC IN RELATION TO CONVENTION 144

• Convention 144 calls for the formation of a
  body/institution where employers and worker
  organizations will be equally represented and
  consultation undertaken through the body.
• The objective, powers and functions of NEDLAC
  strive to serve the same purpose as those
  indicated in the convention and have as a basis
  tripartism.

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CONVENTION NO 155

• Aims to encourage a coherent policy on
  occupational safety and health in the working
  environment as well as communication and
  co-operation at all levels in this area.
• Applies to all branches of economic activity and
  to all workers (including the public service)-
  with the possibility of certain exclusions ( such
  as maritime and shipping.)

10
Convention 155 cont.

• The aim of policy on this matter is to prevent
  accidents and injury to health arising out of,
  linked with or occurring in the course of work
  minimizing as afar as is reasonably practical the
  causes of hazards inherent in the working
  environment.

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Convention 155 cont.

• Within the context of our national law and
  practice, South Africa is mainly guided by the
  Occupational Health and Safety Act number 85 of
  1993.
• This Act covers the Health and Safety of persons
  at work and the Health and Safety of persons in
  connection with the use of plant and machinery.

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Convention 155 cont.

• It further protect persons other than persons at
  work, against hazards to OHS arising as a result
  of those at work (extended coverage).
• The responsibilities on OHS matters is fragmented
  between three (3) Departments, Health, Minerals
  and Energy and Labour (the integrated approach as
  approved by Cabinet).

13
Convention 155 cont.

• In terms of the OHS Act, the formation of a
  tripartite advisory council for OHS is mandatory.

14
CONVENTION 155 IN RELATION TO THE OHS ACT

• The convention defines its scope and application
  clearly and the obligation by member states to
  have National Law and practice in place for the
  implementation of the provisions of the
  convention.
• It mandates the formulation of National Policy or
  regulations to deal with safety and health
  measures in the working environment and
  preventing accidents and injury and minimising
  hazards in this respect.

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C. 155 IN RELATION TO OHS CONT.

• The OHS Act goes further in so far as to deal
  with issues of compensation to the aggrieved
  worker, which would be handled within the ambit
  of the COIDA Act 61/1997.

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RATIFICATION AND THE REPORTING OBLIGATION

• The reporting cycle for Convention 144 will fall
  into the two year reporting cycle of priority
  conventions as reviewed by the 282nd session of
  the Governing Body (November 2001).
• The report will be made in accordance with
  Article 22 of the ILO Constitution.
• If ratified by Parliament, the report is due in
  2004 for the countries of the names falling
  within the Alphabetical order K-Z.

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REPORTING OBLIGATION CONT.

• Convention 155 is a non priority convention which
  falls within the five year reporting cycle and
  would as well fall within the Article 22
  reporting cycle in this context, the first report
  which is in any case due one year after the
  ratification of the convention is due in 2004 for
  countries falling within the category K-Z.