Conducting a legal gap analysis on Jordan’s occupational safety and health legislation against ILO’s C155, C187 and C184.

On 18 June 1998, the International Labour Organization (ILO) adopted the ILO Declaration on Fundamental Principles and Rights at Work (FPRW). The declaration obligates Member States to respect and promote four principles and rights, whether or not they have been ratified. These principles and rights are:

1. Freedom of association and the effective recognition of the right to collective bargaining.
2. The elimination of all forms of forced or compulsory labour.
3. The effective abolition of child labour and,
4. The elimination of discrimination in respect of employment and occupation.

On 11 June 2022, the ILO amended the FPRW Declaration, adding a safe and healthy work environment as a fifth principle and right, thus recognizing Occupational Safety and Health (OSH) as a fundamental principle and right at work alongside the other four areas mentioned above. The newly added fundamental conventions are the Occupational Safety and Health Convention, 1981 (No.155), and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187).

Although Jordan has ratified seven out of ten of the Fundamental Conventions[1], the country is yet to ratify the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), two OSH conventions: Occupational Safety and Health Convention, 1981 (No. 155), Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) and Protocol of 2014 to the Forced Labour Convention, 1930. Besides, the country has not ratified the sector-specific OSH convention, the Safety and Health in Agriculture Convention, 2001 (No. 184), an important OSH instrument given the significance of the agricultural sector in Jordan. Non-ratifying member States are still required to participate in the annual reporting and review process set out in the Follow-up to the 1998 Declaration on Fundamental Principles and Rights at Work.

There are numerous gaps and challenges identified in addressing critical subject matters on OSH. The ratification and implementation of C155, C184 and C187 is a qualitative step towards closing these gaps.

Occupational Safety and Health Convention, 1981 (No. 155): provides a foundational framework for ensuring safe and healthy working conditions globally. This convention emphasizes the importance of a preventive approach to OSH, worker participation, and the provision of adequate OSH services. By promoting a culture of prevention, C155 aims to reduce work-related accidents, injuries, and illnesses. Shortcomings in law and practice translate into inadequate working conditions, increased occupational hazards, and negative impacts on workers' health and well-being.

Ratifying and implementing C155 would demonstrate Jordan's commitment to ILS and contribute to improving working conditions for all workers. At the same time, the ratification of C155 shows the enhanced commitment of Jordan for the fundamental principles and rights at work enshrined in the ILO’s fundamental Conventions recognized as human rights related to work of which C155 is part.

Likewise, the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) provides a framework aimed at formulating and implementing a national policy on occupational safety, preventing occupational accidents and diseases, and continuously enhancing the working environment. The development of a national OSH policy is grounded on the provisions of the Occupational Safety and Health Convention, 1981 (No. 155).

The Safety and Health in Agriculture Convention, 2001, (No.184) provides a comprehensive framework, adapted to the specificities of this sector, for protecting agricultural workers from occupational hazards by addressing specific risks typically inherent in agriculture, i.e. the exposure to pesticides, mechanical hazards, and heat stress.

In order to address the challenges and gaps in Jordan's OSH laws and in response to the government’s request, the ILO, in partnership with the Ministry of Labour, will contract an international or a national service provider to undertake a comprehensive legislative review and analysis, aimed at aligning national laws vis-a-vis relevant ILS and foster a safe, inclusive, and equitable work environment, focusing on C155, C184, and C187.