The Fundamental Conventions On OSH
The Fundamental Conventions On OSH
on Occupational Safety
and Health
An overview of the Occupational Safety and Health
Convention, 1981 (No. 155) and the Promotional
Framework for Occupational Safety and Health
Convention, 2006 (No. 187)
The Fundamental Conventions
on Occupational Safety
and Health
An overview of the Occupational Safety and Health
Convention, 1981 (No. 155) and the Promotional
Framework for Occupational Safety and Health
Convention, 2006 (No. 187)
Copyright © International Labour Organization 2023
First published 2023
Publications of the International Labour Organization (ILO) enjoy copyright under Protocol 2 of
the Universal Copyright Convention. Nevertheless, short excerpts from them may be reproduced
without authorization, on condition that the source is indicated. For rights of reproduction or
translation, application should be made to the ILO Publishing Unit (Rights and Licensing), CH-1211
Geneva 22, Switzerland, or by email: [email protected]. The ILO welcomes such applications.
Libraries, institutions and other users registered with a reproduction rights organization may make
copies in accordance with the licences issued to them for this purpose. Visit www.ifrro.org to find
the reproduction rights organization in your country.
Title: The Fundamental Conventions on Occupational Safety and Health: An overview of the
Occupational Safety and Health Convention, 1981 (No. 155) and the Promotional Framework for
Occupational Safety and Health Convention, 2006 (No. 187), 2023.
The designations employed in ILO publications, which are in conformity with United Nations practice,
and the presentation of material therein do not imply the expression of any opinion whatsoever on
the part of the ILO concerning the legal status of any country, area or territory or of its authorities,
or concerning the delimitation of its frontiers.
The responsibility for opinions expressed in signed articles, studies and other contributions rests
solely with their authors, and publication does not constitute an endorsement by the ILO of the
opinions expressed in them.
Reference to names of firms and commercial products and processes does not imply their
endorsement by the ILO, and any failure to mention a particular firm, commercial product or process
is not a sign of disapproval.
Information on ILO publications and digital products can be found at: www.ilo.org/publns.
Website: www.ilo.org/labadmin-osh/
X Table of contents iii
Table of Contents
X Introduction 1
X General Aspects 3
Conventions Nos 155 and 187: the core of the ILO normative framework
on occupational safety and health 4
The main provisions of the OSH Fundamental Conventions 4
Adoption of a strategic systems approach 4
Promotion of the principle of prevention 5
Strengthening of social dialogue at national and workplace level 5
Annexes 23
Checklist 1: Application of Convention No. 155 23
Checklist 2: Application of Convention No. 187 26
X Introduction 1
X Introduction
The ILO has always been strongly committed to the protection of workers’ safety and health. This features
prominently among the constitutional objectives of the ILO.
The Preamble to the ILO Constitution (1919) notes that “the protection of the worker against sickness,
disease and injury arising out of his employment” is among the improvements that are “urgently
required”.
The ILO Declaration of Philadelphia (1944) recognises the “solemn obligation” of the Organization to
further programmes that will achieve “adequate protection for the life and health of workers in all
occupations”.
The constitutional principle of the protection of workers’ safety and health was strongly reaffirmed in June
2022, when the International Labour Conference (ILC), at its 110th Session, adopted the Resolution on the
inclusion of a safe and healthy working environment in the ILO’s framework of fundamental principles
and rights at work. The historic decision, expressed and supported by the ILO tripartite constituents,
reveals a renewed collective commitment to the protection of life and health at work.
The resolution recognizes the Occupational Safety and Health Convention, 1981 (No. 155) and the
Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) as fundamental
Conventions, embodying this as a fifth category of fundamental principles and rights at work.
All Members, even if they have not ratified these two fundamental Conventions on occupational safety
and health (OSH), now have an obligation, arising from the very fact of membership in the Organization,
to respect, to promote and to realize, in good faith and in accordance with the Constitution, the principles
concerning the fundamental rights which are the subject of those Conventions, namely the right to a safe
and healthy working environment.
This booklet has been prepared to support ILO constituents in promoting and implementing the
fundamental principle and right at work of a safe and healthy working environment. It describes
the requirements set out in the fundamental OSH Conventions Nos 155 and 187, recognizing the
complementarity of these two instruments to ensure good OSH governance at national level and
sound OSH management at workplace level. To provide further guidance about the implementation
of Conventions Nos 155 and 187, the publication also includes key provisions from the accompanying
Recommendations1 Nos 164 and 197.
1 Recommendations serve as non-binding guidelines. In many cases, they supplement a Convention by providing more
detailed guidelines.
X General Aspects
4 X The Fundamental Conventions on Occupational Safety and Health
The OSH fundamental Conventions contain provisions of a general scope covering all branches of
economic activity.
The core principles of Conventions Nos 155 and 187 are fully complementary, and together they
constitute a blueprint for progressive and sustained improvements towards the provision of safe and
healthy working environments.
Conventions Nos 155 and 187 serve as the basis for additional occupational safety and health measures
provided in other specific OSH instruments.
Additionally, in order to progressively achieve a safe and healthy working environment, Members need
to take into account the principles set out in the ILO instruments relevant to the promotional framework
for OSH.
The Promotional Framework for Occupational Safety and Health Recommendation, 2006 (No. 197) lists in the Annex
the following ILO instruments relevant to the promotional framework for occupational safety and health. Conventions:
Labour Inspection (No. 81) and its 1995 Protocol, Radiation Protection (No. 115), Hygiene (Commerce and Offices) (No.
120), Employment Injury Benefits (No. 121), Labour Inspection (Agriculture) (No. 129), Occupational Cancer (No. 139),
Working Environment (Air Pollution, Noise and Vibration) (No. 148), Occupational Safety and Health (Dock Work) (No.
152), Occupational Safety and Health (No. 155) and its 2002 Protocol, Occupational Health Services (No. 161), Asbestos
No. (162), Safety and Health in Construction (No. 167), Chemicals (No. 170), Prevention of Major Industrial Accidents (No.
174), Safety and Health in Mines (No. 176), and Safety and Health in Agriculture (No. 184). Recommendations: Labour
Inspection (No. 81), Labour Inspection (Mining and Transport) (No. 82), Protection of Workers' Health (No. 97), Welfare
Facilities (No. 102), Radiation Protection (No. 114), Workers' Housing (No. 115), Hygiene (Commerce and Offices) (No.
120), Employment Injury Benefits (No. 121), Labour Inspection (Agriculture) (No. 133), Occupational Cancer (No. 147),
Working Environment (Air Pollution, Noise and Vibration) (No. 156), Occupational Safety and Health (Dock Work) (No.
160), Occupational Safety and Health (No. 164), Occupational Health Services (No. 171), Asbestos (No. 172), Safety and
Health in Construction (No. 175), Chemicals (No. 177), Prevention of Major Industrial Accidents (No. 181), Safety and
Health in Mines (No. 183), Safety and Health in Agriculture (No. 192), and List of Occupational Diseases (No. 194).
The Occupational Safety and Health Convention, 1981 (No. 155) represents a very important milestone
for promoting a holistic approach to national governance of OSH, one that is policy oriented and focused
on prevention. It introduced the principles of a national policy in relation to OSH, emphasizing the need
to consider OSH as a matter of national concern. In addition to comprehensively regulating substantive
aspects of a national policy on OSH, Convention No. 155 also defines the actions required at the national
and enterprise level.
X General Aspects 5
Twenty-five years later, the Promotional Framework for Promotional Framework for Occupational Safety
and Health Convention, 2006 (No. 187) was adopted, aiming at promoting a national preventative safety
and health culture and progressively achieving a safe and healthy working environment. Convention
No. 187 calls for the establishment of a national framework for continuous improvement in the field of
OSH, emphasising the interdependence and interactive nature of its different components (i.e., national
OSH policy, a national OSH system and a national OSH programme).
Convention No. 187 is the first OSH Convention to apply a new integrated approach to ILO standards-
related activities so as to increase their coherence, relevance and impact. It is designed as an overarching
instrument with promotional rather than prescriptive content, providing flexibility so that the approach
could suit all Members, regardless of their level of development on OSH or their level of resources.
The principle of prevention is at the core of OSH, which is well reflected in both the fundamental Conventions
Nos 155 and 187.
Convention No. 155 states that “the aim” of the national policy shall be to prevent accidents and injury to
health, by minimising, so far as is reasonably practicable, the causes of hazards inherent in the working
environment.
Convention No. 187 requires Members to promote continuous improvement of occupational safety and
health to prevent occupational injuries, diseases and deaths, by the development, in consultation with the
most representative organizations of employers and workers, of a national policy, a national system and
a national programme. The Convention calls for the establishment of a national preventative safety and
health culture, where the principle of prevention is accorded the highest priority.
Both Conventions Nos 155 and 187 require Members to formulate a national policy on OSH, in the light
of national conditions and practice, and in consultation with the most representative organizations of
employers and workers.
Convention No. 187 describes a national preventative safety and health culture as a culture in which the right to
a safe and healthy working environment is respected at all levels, where the government, employers and workers
actively participate in securing a safe and healthy working environment through a system of defined rights,
responsibilities and duties, and where the principle of prevention is accorded the highest priority.
X relationships between the material elements of work and the persons who carry out or supervise
the work, and adaptation of machinery, equipment, working time, organization of work and work
processes to the physical and mental capacities of the workers;
X the protection of workers and their representatives from undue disciplinary measures as a as a result
of actions properly taken by them in conformity with the national OSH policy.
This last point on the protection of workers and their representatives from disciplinary measures is
complemented by Article 13 of Convention No. 155, which requires that national action be taken to
protect workers against undue consequences if they remove themselves from a work situation when
they have reasonable justification to believe that it presents an imminent and serious danger to their
life and health.
Recommendation No. 164 lists the technical fields of action for the measures be taken in pursuance of the national
OSH policy, as appropriate for different branches of economic activity and different types of work and taking into
account the principle of giving priority to eliminating hazards at their source. These include:
X design, siting, structural features, installation, maintenance, repair and alteration of workplaces and means of
access and egress;
X temperature, humidity and movement of air, lighting, ventilation, order and cleanliness of workplaces;
X design, construction, use, maintenance, testing and inspection of machinery and equipment liable to present
hazards and, as appropriate, their approval and transfer;
X use of electricity;
X 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;
X radiation protection;
X prevention and control of occupational hazards due to noise and vibration, and high and low barometric pressures
X prevention of fires and explosions and measures to be taken in case of fire or explosion;
X design, manufacture, supply, use, maintenance and testing of personal protective equipment and protective
clothing;
X sanitary installations, washing facilities, facilities for changing and storing clothes, supply of drinking water, and
any other welfare facilities;
Recommendation No. 197 builds on these principles, stating that the national policy formulated in the Convention
No. 187 should take into account the principles of national policy set out in Convention No. 155 (Part II), as well as
the relevant rights, duties and responsibilities of workers, employers and governments in that Convention (Para 1).
10 X The Fundamental Conventions on Occupational Safety and Health
Convention No. 187 requires Members to establish, maintain, progressively develop and periodically
review a national system for occupational safety and health, in consultation with the most representative
organizations of employers and workers.2
X the determination of work processes and of substances and agents the exposure to which is to
be prohibited, limited or made subject to authorisation or control by the competent authority or
authorities; health hazards due to the simultaneous exposure to several substances or agents shall
be taken into consideration;
X the establishment and application of procedures for the notification of occupational accidents and
diseases, by employers and, when appropriate, insurance institutions and others directly concerned,
and the production of annual statistics on occupational accidents and diseases;
2 According to Recommendation No. 197 Members may extend consultations to other interested parties (Para 2(b)).
Recommendation No. 197 also provides that Members, in establishing, maintaining, progressively developing and periodically
reviewing the national OSH system should take into account the ILO instruments relevant to the promotional framework for
occupational safety and health listed in its Annex, in particular Convention No. 155 and Conventions Nos 81 and 129.
It should be noted that Part III of Convention No. 155 (Action at the National Level) describes key activities and measures
to be undertaken to ensure implementation of the national OSH policy. Article 8 calls on Members, by laws or regulations
or any other method consistent with national conditions and practice and in consultation with the representative
organisations of employers and workers concerned, to take the necessary steps to give effect to the national OSH policy,
similar to the intention of the nation OSH system of Convention No. 187.
X The provisions in focus 11
X the holding of inquiries, where cases of occupational accidents, occupational diseases or any other
injuries to health which arise in the course of or in connection with work appear to reflect situations
which are serious;
X the publication, annually, of information on measures taken in pursuance of the national OSH policy
and on occupational accidents, occupational diseases and other injuries to health which arise in the
course of or in connection with work;
X the introduction or extension of systems, taking into account national conditions and possibilities, to
examine chemical, physical and biological agents in respect of the risk to the health of workers.
Recommendation No. 164 provides more details about the functions of the competent authority, including (among
others):
X issuing or approving regulations, codes of practice or other suitable provisions on OSH and the working
environment, taking into account the links existing between safety and health, on the one hand, and hours of
work and rest breaks, on the other;
X from time to time reviewing OSH laws and regulations in the light of experience and advances in science and
technology;
X undertaking or promoting studies and research to identify hazards and find means of overcoming them;
X providing information and advice, in an appropriate manner, to employers and workers and promoting co-
operation between them and their organisations, with a view to eliminating hazards or reducing the risks as far
as practicable (where appropriate, a special training programme for migrant workers in their mother tongue
should be provided);
X providing specific measures to prevent catastrophes, and to co-ordinate and make coherent the actions to be
taken at different levels, particularly in industrial zones where undertakings with high potential risks for workers
and the surrounding population are situated;
Recommendation No. 164, states that the competent authority or authorities in each country should issue or approve
regulations, codes of practice or other suitable provisions on occupational safety and health and the working
environment. It also calls for the review of legislative enactments concerning occupational safety and health and
the working environment, in the light of experience and advances in science and technology (Para 4).
12 X The Fundamental Conventions on Occupational Safety and Health
Recommendation No. 164 specifies that such system of inspection should be guided by the provisions of the Labour
Inspection Convention, 1947 (No. 81), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129), and
Recommendation No. 197 identifies these instruments as particularly relevant to the promotional framework for OSH.
The Labour Inspection Convention, 1947 (No. 81) applies to industry and commerce and sets out a series of
principles related to the fields of legislation covered by labour inspection, the functions and organizations
of the system of inspection, recruitment criteria, the status and terms and conditions of service of labour
inspectors, and their powers and obligations. Convention No. 81, in describing the functions of a system
of labour inspection, includes the enforcement of legal provisions related to conditions of work, including
safety and health (Art. 3.1(a)) and the provision of technical information and advice to employers and
workers concerning the most effective means of complying with the legal provisions (Art.3.1(b)).
The Protocol of 1995 to the Labour Inspection Convention extends the application of the provisions
of Convention No. 81 to workplaces considered as non-commercial.
The Labour Inspection (Agriculture) Convention, 1969 (No. 129), includes similar provisions of
Convention No. 81, to establish and maintain a system of labour inspection in agriculture. This includes
the function to secure enforcement of legal provisions relating to conditions of work, including safety
and health (Art. 6.1(a)) and the provision of technical information and advice to employers and workers
concerning the most effective means of compliance (Art. 6.1(b)).
In addition, Convention No. 155 requires for measures to provide guidance to employers and workers so
as to help them to comply with legal obligations (Art. 10).
To facilitate such co-operation between management, workers and their representatives, both Recommendations Nos
164 and 187 promotes the appointment of workers’ OSH representatives and/or establishment of joint safety and health
committees, in accordance with national law and practice (Para 12(1) and 5(f) respectively). Both Recommendations
Nos 164 and 197 also refer to the provision of information and advice to employers and workers and their respective
organizations and to promote or facilitate cooperation among them with a view to eliminating or minimizing, so far as
is reasonably practicable, work-related hazards and risks (Para 4 and 5 respectively).
Other elements
Recommendation No. 164 specifies the main purposes of these arrangements, including (among others) coordinating
activities in the field of OSH which are exercised nationally, regionally or locally, by public authorities, by employers
and their organizations, by workers’ organizations and representatives, and by other persons or bodies concerned
and promoting exchanges of views, information and experience at the national level, at the level of an industry or
that of a branch of economic activity (Para 7 (c,d)).
Recommendation No. 164 recalls that there should be close co-operation between public authorities and
representative employers’ and workers’ organizations, as well as other bodies concerned in measures for the
formulation and application of the national OSH policy (Para 8).
As mentioned before, Recommendation No. 164 calls the OSH competent authority to provide information and
advice, in an appropriate manner, to employers and workers, and to promote co-operation between them and
their organisations (Para 4(d)). The Recommendation also states that (as necessary in regard to the activities of the
undertaking and practicable in regard to size) provisions should be made for recourse to specialists to advise on
particular occupational safety or health problems or supervise the application of measures to meet them (Para 13(b)).
Furthermore, Recommendation No. 197 provides for Members to raise workplace and public awareness on
occupational safety and health through national campaigns linked with, where appropriate, workplace and
international initiatives (Para 5(a)).
14 X The Fundamental Conventions on Occupational Safety and Health
TRAINING ON OSH
Convention No. 187 call for the inclusion in the national system for OSH, where appropriate, of provisions
of OSH training (Art. 4.3(c)). The Convention also considers training as a key part of a national preventative
safety and health culture (Art. 3).
Convention No. 155 refers to training, qualifications and motivations of persons involved in the achievement
of adequate levels of safety and health as one of the main spheres of action of a national policy on OSH
(Art. 5(c)). It requires Members to take measures to promote in a manner appropriate to national conditions
and practice, the inclusion of questions of occupational safety and health and the working environment
at all levels of education and training, including higher technical, medical and professional education, in a
manner meeting the training needs of all workers (Art. 14). At the level of the undertaking, Convention No.
155 also requires arrangements for workers and their representatives to be given appropriate training in
occupational safety and health (Art. 19(d)).
Recommendation No. 197 specifies that in promoting a national preventative safety and health culture, Members
should seek to promote mechanisms for delivery of OSH education and training, in particular for management,
supervisors, workers and their representatives and government officials responsible for safety and health. They
should also introduce occupational safety and health concepts and, where appropriate, competencies, in educational
and vocational training programmes (Para 5(b, c)).
Recommendation No. 164 specifies that – where appropriate – a special training programme for migrant workers in
their mother tongue should be provided (Para 4(d)).
Recommendation No. 164 states that (as necessary in regard to the activities of the undertaking and practicable in
regard to size) provisions should be made for the availability of an occupational health service and a safety service
(Para 13(a)).
X The provisions in focus 15
The Occupational Health Services Convention, 1985 (No. 161) and its accompanying Recommendation
(No. 171), provide for the establishment of occupational health services at national and enterprise
levels, designated to ensure the implementation of the OSH policy and relevant preventive and
control measures, including health surveillance and emergency response. Occupational health
services are entrusted with essentially preventive functions and are responsible for establishing
and maintaining a safe and healthy working environment which will facilitate optimal physical and
mental health and for the adaptation of work to the capabilities of workers. Such services should be
multidisciplinary and shall enjoy full professional independence from employers, workers, and their
respective representatives, in relation to their functions.
RESEARCH ON OSH
According to Convention No. 187, the national system for occupational safety and health shall include,
where appropriate, research on occupational safety and health (Art. 4.3(e)).
With a view to giving effect to the policy defined in Convention No. 155, Recommendation No. 164 specifies that
the competent authority should undertake or promote studies and research to identify hazards and find means of
overcoming them (Para 4(c)).
Convention No. 155 calls for measures for ensuring that those who design, manufacture, import, provide
or transfer machinery, equipment or substances for occupational use undertake studies and research or
otherwise keep abreast of the scientific and technical knowledge (Art. 12(c)).
The Protocol of 2002 (No. 155) was adopted to promote the harmonization of recording and notification
systems. It includes further provisions on the establishment and periodic review of requirements and
procedures for the recording and notification of occupational accidents and diseases, as well as for the
publication of related annual statistics
In the context of OSH statistics, Recommendation No. 197 calls Members to facilitate the exchange of such
statistics and data among relevant authorities, employers, workers and their representatives (Para 5(d)).
16 X The Fundamental Conventions on Occupational Safety and Health
The ILO Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121) and its
accompanying Recommendation (No. 121) contains provisions on compensation for damages sustained
from occupational accidents and diseases, as well as commuting accidents.
Schedule I on Occupational Diseases amended in 1980. Convention No. 121 was further revised by the
Recommendation on the List of Occupational Diseases, 2002 (No. 194) which provides for regular updates
by a tripartite committee of experts. The most recent review took place in 2010.
Recommendation No. 197 provides that Members should seek to address the constraints of MSMEs and contractors
in the implementation OSH policies and regulations, in accordance with national law and practice (Para 5).
Furthermore, according to Recommendation No. 197, with a view to preventing occupational injuries, diseases and
deaths, the national system should provide appropriate measures for the protection of all workers, in particular,
workers in high-risk sectors, and vulnerable workers such as those in the informal economy and migrant and young
workers (Para 3).
Recommendation No. 164 also highlights the need to cover the situation of the most vulnerable workers (for example,
the workers with disabilities) when reviewing the national OSH policy (Para 9).
Finally, Recommendation No. 197 refers to the importance of taking measures to protect the safety and health of
workers of both genders, including the protection of their reproductive health (Para 4).
X The provisions in focus 17
Convention No. 187 requires Members to formulate, implement, monitor, evaluate and periodically review
a national programme on occupational safety and health in consultation with the most representative
organizations of employers and workers.3
Recommendation No. 197 specifies that the national OSH programme should be based on principles of assessment
and management of hazards and risks, in particular at the workplace level (Para 7). Furthermore, the national OSH
programme should actively promote workplace prevention measures and activities that include the participation of
employers, workers and their representatives (Para 10).
According to Recommendation No. 197, the national OSH programme should identify priorities for action, which
should be periodically reviewed and updated (Para 8). The Recommendation also calls Members, in formulating
and reviewing the national programme, to take into account the instruments of the ILO relevant to the promotional
framework for occupational safety and health, without prejudice to their obligations under Conventions that they
have ratified.4
3 According to Recommendation No. 197 Members may extend consultations to other interested parties (Para 9).
Recommendation No. 197 calls Members to prepare and regularly update a national profile to be used as a basis for
formulating and reviewing the national programme (Para 13).
X laws and regulations, collective agreements where appropriate, and any other relevant instruments on
occupational safety and health;
X the authority or body, or the authorities or bodies, responsible for occupational safety and health, designated in
accordance with national law and practice;
X the mechanisms for ensuring compliance with national laws and regulations, including the systems of inspection;
X the arrangements to promote, at the level of the undertaking, cooperation between management, workers and
their representatives as an essential element of workplace-related prevention measures;
X the national tripartite advisory body, or bodies, addressing occupational safety and health issues;
X the occupational health services in accordance with national law and practice;
X the mechanism for the collection and analysis of data on occupational injuries and diseases and their causes,
taking into account relevant ILO instruments;
X the provisions for collaboration with relevant insurance or social security schemes covering occupational injuries
and diseases; and
X the support mechanisms for a progressive improvement of occupational safety and health conditions in micro-
enterprises, in small and medium-sized enterprises and in the informal economy.
The national OSH profile should also include information on the following elements, where appropriate:
X coordination and collaboration mechanisms at national and enterprise levels, including national programme
review mechanisms;
X technical standards, codes of practice and guidelines on occupational safety and health;
X specialized technical, medical and scientific institutions with linkages to various aspects of occupational safety and
health, including research institutes and laboratories concerned with occupational safety and health;
X personnel engaged in the area of occupational safety and health, such as inspectors, safety and health officers,
and occupational physicians and hygienists;
X occupational safety and health policies and programmes of organizations of employers and workers;
X regular or ongoing activities related to occupational safety and health, including international collaboration;
X financial and budgetary resources with regard to occupational safety and health; and
X data addressing demography, literacy, economy and employment, as available, as well as any other relevant
information.
X The provisions in focus 19
Convention No. 187 highlights the importance of a system of defined rights, responsibilities and duties in
a preventative safety and health culture (Art. 1(d)).
Convention No. 155 details the duties of employers. For instance, according to Article 16, they shall be
required to:
X ensure that, so far as is reasonably practicable, the workplaces, machinery, equipment and processes
under their control are safe and without risk to health;
X ensure that, so far as is reasonably practicable, the chemical, physical and biological substances and agents
under their control are without risk to health when the appropriate measures of protection are taken;
X provide, where necessary, adequate protective clothing and protective equipment to prevent, so far
as is reasonably practicable, risk of accidents or of adverse effects on health.
Convention No. 155 also requires employers to provide, where necessary, for measures to deal with
emergencies and accidents, including adequate first-aid arrangements.
Recommendation No. 164 provides further guidance about the employers’ responsibilities, including:
X to set out in writing their policy and arrangements in the field of OSH, and the various responsibilities exercised
under these arrangements, and bring this information to the notice of every worker, in a language or medium the
worker readily understands (Para 14)
X to verify the implementation of applicable OSH standards regularly, for instance by environmental monitoring,
and to undertake systematic safety audits from time to time (Para 15(1));
X to keep OSH records (as defined by the competent authority), which might include records of all notifiable
occupational accidents and injuries to health which arise in the course of or in connection with work, records of
authorisation and exemptions under laws or regulations to supervision of the health of workers in the undertaking,
and data concerning exposure to specified substances and agents (Para 15(2)).
Employers’ obligations might also include, as appropriate for different branches of economic activity and different
types of work, the following: (Para 10)
X to provide and maintain workplaces, machinery and equipment, and use work methods, which are as safe and
without risk to health as is reasonably practicable;
X to give necessary instructions and training, taking account of the functions and capacities of different categories
of workers;
X to provide adequate supervision of work, of work practices and of application and use of occupational safety and
health measures;
X to institute organizational arrangements regarding occupational safety and health and the working environment
adapted to the size of the undertaking and the nature of its activities;
X to provide, without any cost to the worker, adequate personal protective clothing and equipment which are
reasonably necessary when hazards cannot be otherwise prevented or controlled;
X to ensure that work organization, particularly with respect to hours of work and rest breaks, does not adversely
affect occupational safety and health;
X to take all reasonably practicable measures with a view to eliminating excessive physical and mental fatigue;
X to undertake studies and research or otherwise keep abreast of the scientific and technical knowledge necessary
to comply with the foregoing clauses (Para 10).
20 X The Fundamental Conventions on Occupational Safety and Health
Furthermore, Convention No. 155 provides for collaboration in applying the requirements of the Convention
when two or more undertakings engage in activities simultaneously at one workplace (Art. 17).
Convention No. 155 (Art. 19) requires the implementation of arrangements at the level of the undertaking
under which:
X workers, in the course of performing their work, co-operate in the fulfilment by their employer of the
obligations placed upon him;
X representatives of workers in the undertaking co-operate with the employer in the field of occupational
safety and health;
X workers and their representatives in the undertaking are given appropriate training in occupational
safety and health;
X workers or their representatives and, as the case may be, their representative organisations in an
undertaking, in accordance with national law and practice, are enabled to enquire into, and are consulted
by the employer on, all aspects of occupational safety and health associated with their work; for this
purpose technical advisers may, by mutual agreement, be brought in from outside the undertaking;
X a worker reports forthwith to his immediate supervisor any situation which he has reasonable
justification to believe presents an imminent and serious danger to his life or health; until the employer
has taken remedial action, if necessary, the employer cannot require workers to return to a work
situation where there is continuing imminent and serious danger to life or health.
Recommendation No. 164 (Para 16) specifies that such arrangements should aim at ensuring that workers:
X take reasonable care for their own safety and that of other persons who may be affected by their acts or omissions
at work;
X comply with instructions given for their own safety and health and those of others and with safety and health
procedures;
X use safety devices and protective equipment correctly and do not render them inoperative;
X report forthwith to their immediate supervisor any situation which they have reason to believe could present a
hazard and which they cannot themselves correct;
X report any accident or injury to health which arises in the course of or in connection with work.
X The provisions in focus 21
Convention No. 155 also explicitly provides that OSH measures shall not involve any expenditure for the
workers (Art. 21).
An OSH management system is a set of interrelated or interacting elements to establish OSH policy and
objectives, and to achieve those objectives. The application of a systems’ approach to the management
of OSH in workplaces ensures that the level of prevention and protection is continuously evaluated and
maintained through appropriate and timely improvements.
In this context, the ILO Guidelines on occupational safety and health management systems (ILO-OSH
2001) provide a unique international model, reflecting ILO’s tripartite approach and the principles
defined in its international OSH instruments.
Policy
Organizing
OSH policy
Worker participation Responsibility & accountability
Competence & training
OSH documentation
Communication
Policy
Organizing
Planning &
implementation
Audit Initial review
Planning & System planning,
implementation development and
implementation
OSH objectives
Action for Hazard prevention
t
improvement
en
m
Evaluation
ve
ro
Action for p
improvement al im
u
tin
Preventive and Con
corrective action
Continual improvement
Evaluation
Performance monitoring
and measurement
Inves tigation
Audit Management review
22 X The Fundamental Conventions on Occupational Safety and Health
Workplace cooperation
Both Conventions Nos 155 and 187 recognize the importance of cooperation between management and
workers and their representatives.
As mentioned before, according to Convention No. 187, a national system for OSH shall include
arrangements to promote, at the level of the undertaking, cooperation between management, workers
and their representatives as an essential element of workplace-related prevention measures (Art. 4.2(d)).
According to Convention No. 155, co-operation between management and workers and/or their
representatives within the undertaking shall be an essential element of organisational and other
measures taken in pursuance of Articles 16 to 19 of the Convention which relate to action at the level of the
undertaking (Art. 20).
To facilitate such co-operation, Recommendation No. 164 provides for the appointment – where appropriate and
necessary and in accordance with national practice – of workers› safety delegates, of workers› safety and health
committees, and/or of joint safety and health committees5 (Para 12(1)). Such delegates and committees should:
X be given adequate information on safety and health matters, enabled to examine factors affecting safety and
health, and encouraged to propose measures on the subject;
X be consulted when major new safety and health measures are envisaged and before they are carried out, and seek
to obtain the support of the workers for such measures;
X be consulted in planning alterations of work processes, work content or organisation of work, which may have
safety or health implications for the workers;
X be given protection from dismissal and other measures prejudicial to them while exercising their functions
in the field of occupational safety and health as workers› representatives or as members of safety and health
committees;
X be able to contribute to the decision-making process at the level of the undertaking regarding matters of safety
and health;
X have access to all parts of the workplace and be able to communicate with the workers on safety and health
matters during working hours at the workplace;
X be able to contribute to negotiations in the undertaking on occupational safety and health matters;
X have reasonable time during paid working hours to exercise their safety and health functions and to receive
training related to these functions;
X have recourse to specialists to advise on particular safety and health problems (Para 12 (2)).
The promotion of the establishment of joint safety and health committees and the designation of workers›
occupational safety and health representatives (in accordance with national law and practice) is also mentioned in
Recommendation No. 197 (Para 5(f)).
5 In joint safety and health committees workers should have at least equal representation with employers' representatives
(Recommendation No. 164, Para 12(1)).
X Annexes 23
X Annexes
Requirements Article
Does OSH protection apply to all workers in the branches of economic activity? 2
(Exclusions permitted when ratifying the Convention)
Does the Member State have a coherent national policy on OSH and the 4.1
working environment?
Is the national policy formulated, implemented, periodically reviewed in 4.1
consultation with the most representative organisations of employers and
workers?
Is the aim of the national policy to prevent accidents and injury to health arising 4.2
out of, linked with or occurring in the course of work?
Does the national policy take into account the following elements? 5
b. relationships between the material elements of work and the persons who
carry out or supervise the work, and adaptation of machinery, equipment,
working time, organisation of work and work processes to the physical and
mental capacities of the worker
Are there laws or regulations (or other methods) to give effect to the national 8
policy on OSH?
Were laws and regulations adopted in consultation with representative 8
organisations of employers and workers concerned?
Is there a system of inspection to secure enforcement of laws and regulations? 9.1
24 X The Fundamental Conventions on Occupational Safety and Health
Are there adequate penalties for violations of laws and regulations on OSH? 9.2
Does the competent authority (ies) determine work processes, substances and 11 (b)
agents the exposure to which is to be prohibited, limited or made subject to
authorisation or control?
(Can be implemented progressively)
Are there procedures for the notification of occupational accidents and 11 (c)
diseases?
(Can be implemented progressively)
Are there systems to examine chemical, physical and biological agents in 11 (f)
respect of the risk to the health of workers?
(Can be implemented progressively)
Are questions of OSH included at all levels of education and training (higher 14
technical, medical and professional education)?
Are there arrangements appropriate to national conditions and practice to 15
ensure the necessary co-ordination between various authorities and bodies
(may include the establishment of a central body)?
X Annexes 25
Are there any laws or rules that require employers to ensure that, so far as is 16 (a)
reasonably practicable, the workplaces, machinery, equipment and processes
under their control are without risk to health?
Are there any laws or rules that require employers to ensure that chemical, 16 (b)
physical and biological substances and agents under their control are without
risk to health (when the appropriate measures of protection are taken)?
Are there any laws or rules that require employers to provide, where necessary, 16 (c)
adequate protective clothing and protective equipment to prevent risk of
accidents or of adverse effects on health?
Are there any laws or rules that require employers to ensure that if two or 17
more undertakings engage in activities simultaneously at one workplace, they
collaborate to ensure implementation of their OSH obligations ?
Are there any laws or rules that require employers to provide measures to deal 18
with emergencies and accidents, including adequate first-aid?
Are there requirements for arrangements at the workplace under which 19 (a)
workers co-operate with their employer in the field of OSH?
Are there requirements for arrangements at the workplace under which 19 (b)
representatives of workers co-operate with the employer in the field of OSH?
Are there requirements for arrangements at the workplace under which 19 (c)
representatives of workers are given adequate information on OSH and can
consult with their organisations?
Are there requirements for arrangements in the workplace under which 19 (d)
workers and their representatives are given appropriate training on OSH?
Are there requirements for arrangements in the workplace under which 19 (e)
workers and their representatives are enabled to enquire into and are consulted
by the employer on all aspects of OSH?
Are there requirements for arrangements in the workplace under which 19 (f)
workers have duty to report any situation which presents an imminent and
serious danger to their life or health; and where the employer cannot require
the worker to return to the work where there is a continuing danger to life and
health?
Requirements Article
Does the Member State promote continuous improvement of OSH to prevent 2.1
occupational injuries, diseases and deaths, by the development of a national
policy, national system and national programme, in consultation with the most
representative organizations of employers and workers?
Does the Member State take steps for achieving safe and healthy working 2.2.
environment through a national system and national programme on OSH by
taking into account the principles set out in instruments of the International
Labour Organization (ILO) relevant to the promotional framework for
occupational safety and healt ?
Does the Member State promote continuous improvement of OSH to prevent 2.3
occupational injuries, diseases and deaths, by the development of a national
policy, national system and national programme, in consultation with the most
representative organizations of employers and workers?
Does the country promote a safe and healthy working environment by 3.1
formulating a national OSH policy?
Does the Member State promote and advance the right of workers to a safe and 3.2
healthy working environment?
In formulating the national policy, does the Member State promote basic 3.3
principles (assessing occupational risks or hazards; combating occupational
risks or hazards at source; developing a national preventative safety and health
culture that includes information, consultation and training) in consultation
with the most representative organizations of employers and workers?
Does the country establish, maintain, progressively develop and periodically 4.1
review a national system for OSH , in consultation with the most representative
organizations of employers and workers?
Does the national system for OSH include laws and regulations, collective 4.2 (a)
agreements where appropriate, and other relevant instruments?
Does the national system for OSH include an authority or body (or a few), 4.2 (b)
responsible for OSH?
Does the national system for OSH include mechanisms for ensuring compliance 4.2 (c)
with laws and regulations, including a system for inspection?
Does the national system for OSH include arrangements to promote, at the 4.2 (d)
level of the undertaking, cooperation between management, workers and their
representatives?
Does the national system for OSH include, where appropriate, a national 4.3 (a)
tripartite advisory body?
Does the national system for OSH include, where appropriate, information and 4.3 (b)
advisory services?
Does the national system for OSH include, where appropriate, provision of OSH 4.3 (c)
training?
X Annexes 27
Does the national system for OSH include, where appropriate, occupational 4.3 (d)
health services?
Does the national system for OSH include, where appropriate, research on OSH? 4.3 (e)
Does the national system for OSH include, where appropriate, a mechanism for 4.3 (f)
the collection and analysis of data on occupational injuries and diseases?
Does the national system for OSH include, where appropriate, provisions for 4.3 (g)
collaboration with relevant insurance or social security schemes?
Does the national system for OSH include, where appropriate, support 4.3 (h)
mechanisms for a progressive improvement of OSH at micro-, small and
medium-sized enterprises (MSMEs) and in the informal economy?
Does the national programme on OSH promote a national preventative safety 5.2 (a)
and health culture?
Does the national programme on OSH help to minimize work-related hazards 5.2 (b)
and risks?
Has the national programme on OSH been formulated and reviewed on the 5.2 (c)
basis of an analysis of the national OSH situation?
Does the national programme on OSH include objectives, targets and indicators 5.2 (d)
of progress?
Is the national programme on OSH supported by other complementary national 5.2 (e)
programmes and plans, where possible?
Is the national programme on OSH widely publicized (and if possible, endorsed 5.3
and launched by the highest national authority)?
A SAFE AND
HEALTHY
WORKING
ENVIRONMENT
TAL
T
MEN
H
DA
RIG
A FU N
ilo.org