3.2 International obligations
Section 3.2 outlines New Zealand’s role in the ILO and the international instruments that New Zealand is a party to. A list of those instruments that New Zealand has not signed or ratified is also included.
3.2.1 ILO conventions ratified by New Zealand
New Zealand has ratified seven ILO Conventions that specifically focus on occupational health and safety.13 Table 4 outlines the general content of the Conventions ratified by New Zealand and the date at which New Zealand ratified.
| TABLE 4 | International occupational health and safety Conventions ratified by New Zealand | ||
| CATEGORY | CONVENTION TITLE | DATE RATIFIED BY NEW ZEALAND | |
| Prevention of accidents in the workplace | Prevention of Accidents (Seafarers) 1970 | 31 May 1977 | |
| Night Work (Women) Convention 1934 | 29 March 1938 | ||
| Protection Against Accidents (Dockers) (revised) 1932 | 29 March 1938 | ||
| Compensation for personal injury arising from work | Workmen’s Compensation (Occupational Diseases) 1934 | 29 March 1938 | |
| Workmen’s Compensation (Accidents) 1925 | 29 March 1938 | ||
| Workmen’s Compensation (Agriculture) 1921 | 29 March 1938 | ||
| Establishment of a labour inspectorate to ensure there is compliance with national law | Labour Inspection 1947 | 30 November 1959 | |
| Consultation with employers and employees | Tripartite Consultation (International Labour Standards) 1976 | 5 June 1987 | |
3.2.2 ILO conventions relevant to occupational health and safety that New Zealand is currently considering
The New Zealand government has a policy of not ratifying international legal instruments until it is certain that it can comply with the provisions of the instrument in question. It is currently considering two ILO Conventions: Convention 155 and Convention 138.
3.2.2.1 ILO Convention 155: Convention on occupational safety and health
Convention 155 provides for the adoption of a national health and safety policy and sets out the actions to be taken by government, employers and industries to improve occupational health and safety and the general working environment. Convention 155 came into force in 1983.
The Department of Labour is currently advising the Minister of Labour as to whether New Zealand’s law, policies and practice are consistent with the provisions of the Convention and whether ratification is recommended.
3.2.2.2 ILO Convention 138: Concerning minimum age for admission to employment
Convention 138 seeks to end the use of child labour and requires that parties implement national policies to progressively increase the minimum age for admission to employment and work. This Convention specifically restricts employment in work that may jeopardise health and safety to people aged 18 years and over.
Ratification of Convention 138 is currently being considered by the Department of Labour.
3.2.3 International conventions that New Zealand is not a Party or Signatory to
New Zealand is not a Party or Signatory to 15 ILO Conventions.xxii
3.2.4 Stakeholder comments
Stakeholders made few comments about the scope of the international instruments that relate to occupational health and safety, although the government’s social partners supported the ratification of Convention 155.
3.2.5 Comments and conclusions
3.2.5.1 Coverage
The nature of ILO Conventions means that the final text of a Convention must be broad enough to apply to the range of health and safety issues, labour markets and economic conditions that exist in each nation. This means that these Conventions may require the application of obligations that are already provided for through New Zealand’s legislative framework. In addition, a number of the ILO Conventions are very prescriptive and do not fit with New Zealand’s performance-based framework. For example, New Zealand’s Radiation Protection Act 1965 provides for more stringent controls on the use of radiation in the workplace compared to the Radiation Protection Convention. Another example is the White Lead (Painting) Convention: the use of this substance is banned in New Zealand. As such, it is likely that New Zealand complies with the intent of many of the Conventions to which it is not a party even though it has not ratified them.
3.2.5.2 Impact of ratification
The project team found no information on the impact of ratification of the older Conventions. This may be because, in most cases, a significant period of time has passed since ratification.
In the future, information may become available following the ratification of Convention 155 or 138 (if this happens). In addition, the Workplace Health and Safety Strategy evaluation framework would collect information about progress on a range of obligations required under the Convention. The first formal evaluation is scheduled for 2008.