OHS2601 EXAMINATION Oct/Nov2023
QUESTION 1
(i) Answer
The action of Swikir-Saak(PTY)LTD would be unlawful if they don’t pay Kofi
and Lebese, they have to pay them as they were representing the Company,
They were performing duty on behalf of the company.
both part-time and full-time health and safety representatives are given
extensive rights by the Act. The rights of part-time health and safety
representatives apply only to the workplace for which the part-time health and
safety representative has been elected. Therefore, time off from work, without
loss of remuneration, to attend any training course that is agreed or
prescribed.
(ii) Discus the three mechanisms used to enforce the ILO conventions and them.
effectiveness.
Answer.
Supervisory Mechanism.
The ILO has two supervisory bodies, namely the Committee of Experts on the
Application of Conventions and Recommendations (CEACR) and the
Conference Committee on the Application of Standards (CCAS), which
examines the application of ILO conventions by member states at regular
intervals. Th is is in line with the provisions of article 19 of the ILO’s
constitution which requires members to report to the Director-General of the
International Labour Office at appropriate intervals, as requested by the
Governing Body, on the position of their law and practice in order to show the
extent to which effect has been given, or is proposed to be given, to any of the
provisions of a convention by legislation, administrative action, collective
agreement or otherwise, and stating the difficulties, if any, which prevent or
will delay the ratification of such convention. Article 22 requires member
states to submit an annual report to the International Labour Office on the
measures which they have taken to give effect to the provisions of
conventions to which they are a party. Member states are also allowed to
, report non-compliance by other member states. In terms of article 26, the
same rights to report noncompliance are also extended to trade unions and
employers’ organisations.
Technical Assistance Mechanism
Th e ILO plays an active role in providing technical assistance in order to
strengthen the capacity of its constituency (governments, employers and
workers, known as “the tripartite partners”) and provide expertise and training
for government officials where necessary. Forms of technical assistance
include advisory and direct-contact missions during which ILO officials meet
with government officials to discuss problems in the application of standards
with the aim of finding solutions. Such assistance also entails promotional
activities, including seminars and national workshops, with the purpose of
raising awareness of standards, developing national actors’ capacity to use
them, and providing technical advice on how to apply them for the benefit of
all. Th e ILO also helps in drafting national legislation in line with its standards.
Sanctions.
After a complaint of non-compliance is fi led and considered, the Governing
Body may do one of the following: request permission to send a direct-contact
mission to discuss the charges, and, if that fails, appoint a commission of
inquiry to investigate the charges, which commission, at the end of the
investigation, draws up a report together with recommendations to the
noncompliant member requiring it to bring its laws and practices in line with
relevant conventions. Th e member in question has recourse to the
International Court of Justice by way of appeal regarding the findings. Article
33 of the ILO constitution provides that the Governing Body may recommend
to the Conference (the CCAS) such action as it may deem wise and expedient
in order to secure compliance where a member fails to carry out, within the
time specified, the recommendations contained in the report of the
Commission of Inquiry, or abide by the decision of the International Court of
Justice.
(iii) List at least five (5) ILO recommendations.
Answer
• C76 – Safety and health in mines convention 1995(No.176)
• C81 – labour inspection convention 1947
• C42 – Workmen’s compensation (occupational diseases) convention
revised 1934(no.42)
QUESTION 1
(i) Answer
The action of Swikir-Saak(PTY)LTD would be unlawful if they don’t pay Kofi
and Lebese, they have to pay them as they were representing the Company,
They were performing duty on behalf of the company.
both part-time and full-time health and safety representatives are given
extensive rights by the Act. The rights of part-time health and safety
representatives apply only to the workplace for which the part-time health and
safety representative has been elected. Therefore, time off from work, without
loss of remuneration, to attend any training course that is agreed or
prescribed.
(ii) Discus the three mechanisms used to enforce the ILO conventions and them.
effectiveness.
Answer.
Supervisory Mechanism.
The ILO has two supervisory bodies, namely the Committee of Experts on the
Application of Conventions and Recommendations (CEACR) and the
Conference Committee on the Application of Standards (CCAS), which
examines the application of ILO conventions by member states at regular
intervals. Th is is in line with the provisions of article 19 of the ILO’s
constitution which requires members to report to the Director-General of the
International Labour Office at appropriate intervals, as requested by the
Governing Body, on the position of their law and practice in order to show the
extent to which effect has been given, or is proposed to be given, to any of the
provisions of a convention by legislation, administrative action, collective
agreement or otherwise, and stating the difficulties, if any, which prevent or
will delay the ratification of such convention. Article 22 requires member
states to submit an annual report to the International Labour Office on the
measures which they have taken to give effect to the provisions of
conventions to which they are a party. Member states are also allowed to
, report non-compliance by other member states. In terms of article 26, the
same rights to report noncompliance are also extended to trade unions and
employers’ organisations.
Technical Assistance Mechanism
Th e ILO plays an active role in providing technical assistance in order to
strengthen the capacity of its constituency (governments, employers and
workers, known as “the tripartite partners”) and provide expertise and training
for government officials where necessary. Forms of technical assistance
include advisory and direct-contact missions during which ILO officials meet
with government officials to discuss problems in the application of standards
with the aim of finding solutions. Such assistance also entails promotional
activities, including seminars and national workshops, with the purpose of
raising awareness of standards, developing national actors’ capacity to use
them, and providing technical advice on how to apply them for the benefit of
all. Th e ILO also helps in drafting national legislation in line with its standards.
Sanctions.
After a complaint of non-compliance is fi led and considered, the Governing
Body may do one of the following: request permission to send a direct-contact
mission to discuss the charges, and, if that fails, appoint a commission of
inquiry to investigate the charges, which commission, at the end of the
investigation, draws up a report together with recommendations to the
noncompliant member requiring it to bring its laws and practices in line with
relevant conventions. Th e member in question has recourse to the
International Court of Justice by way of appeal regarding the findings. Article
33 of the ILO constitution provides that the Governing Body may recommend
to the Conference (the CCAS) such action as it may deem wise and expedient
in order to secure compliance where a member fails to carry out, within the
time specified, the recommendations contained in the report of the
Commission of Inquiry, or abide by the decision of the International Court of
Justice.
(iii) List at least five (5) ILO recommendations.
Answer
• C76 – Safety and health in mines convention 1995(No.176)
• C81 – labour inspection convention 1947
• C42 – Workmen’s compensation (occupational diseases) convention
revised 1934(no.42)
