Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 115 (radiation protection), 139 (occupational cancer), 155 (OSH), 184 (OSH in agriculture) and 187 (promotional framework for OSH) together.

The Committee notes the observations of the General Confederation of Labour of the Argentine Republic (CGT RA) on Conventions Nos 115, 139, 155, 184 and 187, received on 29 August 2025, the observations of the Confederation of Workers of Argentina (CTA Autonomous) on Conventions Nos 139, 155 and 187, received on 1 September 2025, and the observations of the Confederation of Workers of Argentina (CTA Workers) on Conventions Nos 155 and 187, received on 5 August 2021.

Representation made under article 24 of the ILO Constitution. The Committee notes that at its 349th Session (November 2023), the Governing Body declared receivable the representation made under article 24 of the ILO Constitution by the CTA Workers and the Trade Union Association of Subway and Light Rail Workers (AGTSyP) alleging non-observance by Argentina of the Labour Inspection Convention, 1947 (No. 81), and of Conventions Nos 139, 155 and 187, but not receivable in respect of the Protocol of 2002 to Convention No. 155. The Committee notes that the allegations contained in the representation relate to the application of Articles 2, 3, 4 and 5 of Convention No. 139, Articles 4, 6, 7, 8, 9, 10, 11, 13, 16 and 19 of Convention No. 155 and Articles 2, 3, 4 and 5 of Convention No. 187. Taking into account the pending follow-up to the recommendations of the tripartite committee on a previous representation on Conventions Nos 155 and 187 (see the following section), the Committee decides to suspend its examination of these Articles until the Governing Body adopts its report on the representation in respect only to subway and light rail workers.

Follow-up to the recommendations of the tripartite committee (representation made under article 24 of the ILO Constitution)

The Committee notes that in March 2022 the Governing Body approved the report of the tripartite committee set up to examine a representation made by the CTA Workers, the State Workers Association (ATE) and the Education Workers Union (UTE) under article 24 of the ILO Constitution (see GB.344/INS/16/6) on the application by Argentina of Conventions Nos 155 and 187. Noting that the tripartite committee requested the Committee of Experts to follow-up its recommendations, particularly in relation to the application of Articles 4 and 16 of Convention No. 155 and Article 3 of Convention No. 187, the Committee is examining these points in its comments below.

A. General provisions

The Committee notes the information provided by the Government in reply to its previous request in relation to Articles 19(b), (c), (d) and (e) and 20 of Convention No. 155 and Article 4(2)(d) of Convention No. 187, as well as Article 3(d) of the Protocol.

I. Action at the national level

Article 2(3) of Convention No. 187. Measures that could be taken to ratify relevant OSH Conventions of the ILO. With reference to its previous comments, the Committee notes that the Government reports the establishment of the Social Dialogue Commission for the Future of Work by Decision No. 225/2019 of the Ministry of Production and Labour to act as a national body for relations with the social partners with a view to appropriate compliance with ratified Conventions. The Government adds that the functions of the Standing Advisory Committee (CCP), established under section 40 of Act No. 24557 of 1995 on occupational risks (LRT), include putting forward proposals for amendments to the occupational risk legislation and the occupational safety and health system. In this regard, the Committee notes the indications in the CGT RA’s observations that the CCP does not have an institutional agenda or a work plan enabling it to carry out the necessary work sufficiently in advance to achieve consensus. The CTA Autonomous considers that the Government has no interest in engaging in consultations with employers’ and workers’ organizations for the periodical consideration of the measures that could be taken to ratify the relevant ILO OSH Conventions. The Committee requests the Government to provide its comments in this regard. It also requests the Government to provide further information on the measures adopted or envisaged for the periodical examination of the measures that could be taken to ratify relevant ILO OSH Conventions in consultation with the most representative organizations of employers and workers.

National policy

Article 4 of Convention No. 155 and Article 3 of Convention No. 187. 1. Implementation and periodic review of the national OSH policy. National preventive culture. With reference to its previous comments, the Committee notes the Government’s indication that the periodic review of the national OSH policy and the related consultations are carried out in the CCP within the framework of the examination of the preliminary draft Bill on the prevention of occupational risks, as envisaged in section 19 of Act No. 27348 of 2017 supplementing Act No. 24557 of 1995. The Committee also notes the indication by the CGT RA that the follow-up of national policies should be undertaken permanently in the CCP and once again refers to the absence of a set agenda and the insufficient frequency of work to follow-up and propose improvements to the national plan and programmes of action. The Committee further notes the concern expressed by the CTA Autonomous in its observations at the absence of a preventive culture and the lack of interest shown by the Government in recognizing and promoting the right to a safe and healthy working environment, and the ineffectiveness of the risk prevention system in reducing occupational injuries. In this regard, it considers that the system continues to be focused on financial compensation for the damages caused by employment accidents and occupational diseases, as occupational risk insurances do not report failures of compliance by employers out of the fear of losing them as clients. It adds that death rates continue to be high, even without taking into consideration undeclared workers. The CTA Autonomous also provides the following information on certain specific sectors: (i) occupational prevention and safety has deteriorated in the telecommunications sector, where there have been alarming figures for deaths and serious injuries caused by occupational accidents, and where workers are in precarious conditions, without adequate equipment and the imposition of productivity targets that are not commensurate with safety measures; and (ii) in commercial diving, where there are no prevention plans or policies that take into account the risks involved in professional diving. The Committee requests the Government to provide its comments in this respect. It also requests the Government to provide further information on the implementation and periodic review of the national OSH policy, in consultation with the most representative organizations of employers and workers, including information on the manner in which the informal economy is taken into account. It also requests the Government to provide information on the measures adopted or envisaged to promote and advance, at all relevant levels, the right of workers to a safe and healthy working environment, and to develop a national preventive OSH culture, including for the telecommunications sector and commercial diving.

2. Consultations with the social partners in essential sectors for OSH. The Committee also notes that, in light of the report of the tripartite committee set up to examine the representation referred to above within the context of the COVID-19 pandemic, consultations were held in the education sector and in institutions housing children and young persons, including through the establishment of an Institutional Coordination Board in August 2020. Information has not been provided on social dialogue bodies in the health sector. In this regard, the Committee notes that the tripartite committee welcomes the areas of dialogue already established and trusts that their work will continue, accompanied by the establishment of new dialogue bodies, where necessary, in accordance with the provisions of Article 4(1) of Convention No. 155 and Article 3(3) of Convention No. 187. Taking into account the conclusions of the tripartite committee, the Committee requests the Government to provide further information on the consultations held with the most representative organizations of employers and workers with a view to the periodic review of the national OSH policy, including in essential sectors for OSH, and particularly in crisis contexts.

Article 7 of Convention No. 155. Overall reviews or reviews of particular areas. With reference to its previous comments, the Committee notes the Government’s indication that the Second National Survey of Workers on Conditions of Employment, Work, Health and Safety was published in 2018. The Committee notes that the Survey includes information on the exposure of workers to psychosocial and environmental hazards, as well as physical, chemical, biological and ergonomic hazards. The Government also refers to the results of the survey carried out in the agricultural sector in 2013–14. The Committee requests the Government to continue providing information on the overall and sectoral examinations undertaken to review the OSH situation and the results obtained.

National system

Article 4(1) of Convention No. 187. National system. With reference to its previous comments, the Committee notes the Government’s indication that the Ministry of Human Capital, by decision No. 718/2024 of 15 November 2024, convened a meeting of the CCP to discuss the draft Bill on the prevention of occupational risks. The Committee notes the CGT RA’s indications in its observations that, within the framework of the draft Bill, the proposals include an improvement in OSH inspection, the updating of the schedule of occupational diseases, training at the various educational levels, a clearer definition of the scope of participation by trade union delegates and the inclusion of other sectors that are informal or with other forms of employment relations. The Committee requests the Government to continue providing information on the progress achieved in the adoption of the draft Bill on the prevention of occupational risks, including information on the meetings held on this subject in the CCP.

Article 4(3)(h) of Convention No. 187. Support mechanisms for a progressive improvement of OSH conditions in microenterprises, small and medium-sized enterprises and the informal economy. The Committee notes that both the CGT RA and the CTA Autonomous express concern in their observations at the high rate of informality in the country (over 45 per cent), which affects over 8 million workers, who are excluded from protection in relation to OSH. The CGT RA states that this situation has worsened as a consequence of recent policies and legislative changes and also considers that the creation of the category of self-employed workers with collaborators by Act No. 27742 of 2024 on the basis and starting points for the freedom of Argentinians raises problems in relation to the OSH coverage and care of such workers. It adds that, according to the information published by the Occupational Risk Supervisory Authority, over the past 15 months, 13,111 enterprises which registered workers (mainly SMEs) have disappeared, which has resulted in a reduction of 219,670 declared workers. The Committee requests the Government to provide its comments in this respect. It also requests the Government to provide information on the measures adopted or envisaged to include support mechanisms for a progressive improvement of OSH conditions in microenterprises, small and medium-sized enterprises and the informal economy.

Article 8 of Convention No. 155 and Article 4(3) of Convention No. 187. Consultation with representative organizations. With reference to its previous comments, the Committee notes the Government’s indication that consultations with representative organizations of employers and workers which are not members of the CCP, depending on the subject, are held within the framework of the Labour Commissions envisaged in Decision No. 770/2013 of the Occupational Risk Supervisory Authority creating the National Prevention Programme by Branch of Activity. In this regard, the Committee notes the indication by the CTA Autonomous in its observations that the CCP only provides for the full participation, with the right to speak and to vote, of the CGT, so that the CTA Autonomous only participates by invitation and without the right to vote, which undermines the legitimacy and effectiveness of the body. The Committee requests the Government to provide its comments in this respect. It also requests the Government to provide further information on the measures adopted or envisaged to give effect to Article 4 of Convention No. 155 in consultation with the representative organizations of employers and workers concerned.

Article 12 of Convention No. 155. Obligations of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. With reference to its previous comments, the Committee notes the Government’s indication that the wording of the draft Bill on the prevention of occupational risks will be advanced taking into account the current wording of section 6, which gives effect to the requirements set out in Article 12 of the Convention. The Committee notes the view expressed by the CGT RA in its observations that compliance with quality standards in relation to aspects of OSH protection is a cause of concern for trade unions in view of the liberation and deregulation of imports by the Government and the dismantling of the institutions responsible for supervising such matters, such as the National Institution of Industrial Technology and the National Medicaments, Food and Medical Technology Administration. The Committee requests the Government to provide its comments in this respect. It also requests the Government to provide information on the progress achieved in giving effect to Article 12 of Convention No. 155 in the context of the adoption of the draft Bill on the prevention of occupational risks.

Articles 13 and 19(f) of Convention No. 155. Imminent and serious danger. Protection of the worker from undue consequences. With reference to its previous comments, the Committee notes the Government’s reference to section 75 of Act No. 20,744 on the employment contract, which provides that the worker may refuse to perform the work, without any consequent loss or reduction in pay, on condition that there is an imminent danger of injury or, if the competent body has declared the workplace unhealthy, the employer has not undertaken the work or provided the elements required by that authority. The Committee recalls that Articles 13 and 19(f) of the Convention include situations which workers have reasonable justification to believe present an imminent and serious danger. The Committee requests the Government to provide information on the measures adopted or envisaged, including within the context of the adoption of the draft Bill on the prevention of occupational risks, to ensure the protection from undue consequences of any worker who considers it necessary to interrupt a work situation based on the belief, on reasonable grounds, that it presents an imminent and serious danger to her or his life or health.

Article 14 of Convention No. 155. Promoting the inclusion of OSH issues in education and training. With reference to its previous comments, the Committee notes the information provided by the Government on the OSH training path that will be proposed in the CCP based on Decision No. 267/2006 of the Federal Culture and Education Council. In addition, the Government reiterates that the draft Bill on the prevention of occupational risks promotes the inclusion of OSH issues in study plans at all levels of education and training. In this regard, the Committee notes the view expressed by the CGT RA in its observations that current adjustment policies, which include reductions in the financing of education at various levels, discourage the inclusion of OSH content at the various levels of education and training. The Committee requests the Government to provide its comments in this regard. It also requests the Government to provide further information on the measures adopted or envisaged to promote the inclusion of OSH issues at all levels of education and training, including within the context of the adoption of the draft Bill on the prevention of occupational risks.

National programme

II. Action at the enterprise level

Article 16(1) and (3). Requirement for employers to ensure that workplaces under their control are safe and without risk to health. Requirement to provide adequate protective clothing and equipment. The Committee notes that the tripartite committee set up to examine the representation referred to above recommends the Government to continue its efforts to ensure that, insofar as is reasonably practicable, workplaces in essential services are safe and without risk to the safety and health of workers, as required by Article 16(1) of Convention No. 155. The tripartite committee also recommends the Government to periodically review, in collaboration with the representative organizations of employers and workers concerned, the situation with regard to the provision of personal protective equipment (PPE) in the various sectors of essential services with a view to preventing, insofar as is reasonably practicable, the risk of accidents or adverse effects on the health of the workers concerned in the context of the COVID-19 pandemic, in accordance with Article 16(3) of Convention No. 155. The Committee also notes the view expressed by the CTA Workers in its observations that the government of the Autonomous City of Buenos Aires (CABA) did not fulfil its obligations of prevention and protection during the pandemic and that both the occupational risk insurance and the Subsecretariat of Labour ignored the complaints and claims made by the trade unions. In particular, it considers that the Government not only failed to provide PPE during the pandemic, but also that it has not been provided to workers in the health sector for years, and that the provision of washing facilities and changing rooms is not guaranteed in the hospitals for which the CABA is responsible. Taking into account the conclusions of the tripartite committee, the Committee requests the Government to provide information on the measures adopted or envisaged to ensure that, insofar as is reasonably practicable, in essential services: (i) workplaces are safe and without any risk to the safety and health of workers; and (ii) employers provide adequate protective clothing and equipment to prevent the risk of accidents or adverse effects on health.

Article 17 of Convention No. 155. Duty of collaboration between two or more enterprises engaging in activities simultaneously at one workplace. With reference to its previous comments, the Committee notes that the Government refers once again to section 3 of Act No. 19,587 of 1972 on occupational safety and health, which establishes the joint responsibility of the main employer for compliance with OSH provisions, and reiterates that the draft Bill on the prevention of occupational risks establishes the requirement for coordination and collaboration in the implementation of measures when two or more enterprises engage in activities simultaneously at one workplace. The Committee requests the Government to provide further information on the progress achieved in giving effect to Article 17 of Convention No. 155, including within the context of the adoption of the draft Bill on the prevention of occupational risks.

Article 21 of Convention No. 155. Cost of OSH measures. With reference to its previous comments, the Committee notes the Government’s statement that OSH measures do not involve any cost for workers in accordance with sections 8 and 9 of Act No. 19,587, which provide that every employer shall adopt and put into practice adequate safety and health measures to protect the life and safety of workers and other requirements. The Government also reiterates that the draft Bill on the prevention of occupational risks sets out the requirement for employers to provide adequate protective clothing and equipment, in accordance with the specific risk, at no cost to the worker (section 10(e)). The Committee notes the view expressed by the CGT RA that, although the current legislation requires the employer to provide safety equipment and the necessary measures for workers, the creation of new forms of work could transfer the cost to workers, thereby eliminating the duties of employers and the rights of workers. The Committee requests the Government to provide its comments in this respect. It also requests the Government to provide further information on the progress achieved in giving effect to Article 21 of Convention No. 155 in relation to all workers, including within the framework of the adoption of the draft Bill on the prevention of occupational risks.

III. Protocol to Convention No. 155

Article 4(a) of the Protocol. Provision of information to workers and their representatives concerning notified cases. With reference to its previous comments, the Committee notes the Government’s indication that the Programme for the Reduction of Fatal Accidents, created by Decision No. 1721/2004 of the Occupational Risk Supervisory Authority, provides that workers’ representatives shall be informed of investigations into fatal accidents. The Committee requests the Government to provide further information on the measures adopted or envisaged so that notification requirements and procedures establish the responsibility of employers to provide appropriate information to workers and their representatives concerning notified cases of occupational accidents, occupational diseases and, as appropriate, dangerous occurrences, commuting accidents and suspected cases of occupational diseases.

B. Protection against specific risks

Radiation Protection Convention, 1960 (No. 115)

Articles 2 and 6 of the Convention. Activities involving the exposure of workers to ionizing radiations in the course of their work. Emergency workers. The Committee notes that, in accordance with Revision No. 4 of the Basic Standard on Radiological Safety, approved by Decision No. 521/2019 of the Nuclear Regulatory Authority, volunteers who intervene in an emergency situation may be exposed to an effective dose of up to 100 mSv only to prevent high collective doses (paragraph 108) and up to 500 mSv with a view to saving human lives, preventing the occurrence of severe deterministic effects and/or preventing the development of catastrophic conditions that could severely affect the public and the environment (paragraph 109). The Committee recalls that, in accordance with the 2007 Recommendations of the International Commission on Radiological Protection, reference levels in emergency situations should be selected to be within, or if possible below, the 20-100 mSv band, and no emergency worker should be subject to an exposure in excess of 50 mSv. In exceptional situations, informed emergency workers may volunteer to receive a higher dose in the cases envisaged in paragraph 37 of its general observation of 2015. The Committee requests the Government to provide information on the measures adopted or envisaged to maintain the doses of exposure to ionizing radiations of emergence workers below the reference values indicated in paragraph 37 of its general observation of 2015.

Article 8. Dose limits for workers not directly engaged in radiation work. The Committee notes that, although the Government refers in its report to Annex II, Table 1, of Decision No. 295/2003 of the Ministry of Labour, Employment and Social Security (MTESS, now the Secretariat of Labour, Employment and Social Security (STEySS)), the table does not set exposure limits for workers not directly engaged in radiation work. The Committee also notes that Revision No. 4 of the Basic Standard on Radiological Safety does not contain provisions on this subject. With reference to paragraph 35 of its general observation of 2015, the Committee requests the Government to provide information on the permitted dose limits for ionizing radiations established for workers not directly engaged in radiation work, but who remain or pass where they may be exposed to ionizing radiations or radioactive substances.

Article 14. Discontinuation of assignment to work involving exposure to ionizing radiations pursuant to medical advice, and alternative employment. With reference to its previous comments, the Committee notes the Government’s indication that Decision No. 37/2010 of the Occupational Risk Supervisory Authority provides for medical examinations of the physical aptitude of workers. The Committee notes that this Decision does not provide that no workers shall be employed or shall continue to be employed in work by reason of which the worker could be subject to exposure to ionizing radiations contrary to qualified medical advice. The Committee requests the Government to provide further information on the measures adopted or envisaged to give effect to this Article of the Convention.

Occupational Cancer Convention, 1974 (No. 139)

The Committee notes the information provided by the Government in reply to its previous request in relation to Article 4 of the Convention.

Article 1 of the Convention. Periodic determination of carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization or control. With reference to its previous comments, the Committee notes the Government’s indication in its report concerning the establishment of the System for the Supervision and Control of Carcinogenic Substances and Agents (SVCC) and the approval of the schedule of carcinogenic substances and agents by Decision No. 81/2019 of the Occupational Risk Supervisory Authority, for the purposes of which the most recent recommendations of the international organizations specialized in the subject were taken into consideration. However, the Committee notes that the schedule does not prohibit or control the use of the carcinogenic substances and agents that it lists. The Committee also notes that the CTA Autonomous emphasizes in its observations the failure to update exposure limits to the substances present in the working environment and considers that a continuous review mechanism should be established for carcinogenic agents, the focus of which should be on the precautionary principle and the promotion of national epidemiological research. It adds that there is a regulatory gap in relation to certain substances which have not been included among those listed. The Committee requests the Government to provide its comments in this respect. It also requests the Government to provide information on the measures adopted or envisaged to prohibit or control the use of the carcinogenic substances and agents included on the schedule to Decision No. 81/2019 of the Occupational Risk Supervisory Authority and to provide further information on the periodic determination of such substances and agents, taking into consideration the latest information contained in the codes of practice and guides which may be established by the ILO and information from other competent bodies.

Article 2. Replacement of carcinogenic substances and agents. With reference to its previous comments, the Committee notes the Government’s indication that employers of which the establishments produce, import, use, obtain through intermediary processes, sell and/or transfer free-of-charge the substances or agents enumerated in Annex I to Decision No. 81/2019 of the Occupational Risk Supervisory Authority are required to register with the SVCC. Registration shall include information on the studies undertaken and the possibility of replacing carcinogenic substances. The Committee notes that, while the Decision establishes the requirement for employers to provide information on the possibility of their replacement, it does not contain general measures on the replacement of carcinogenic substances and agents. The Committee requests the Government to provide further information on the measures adopted or envisaged to ensure that every effort is made to have carcinogenic substances and agents to which workers may be exposed in the course of their work replaced by non-carcinogenic substances or agents, or by less harmful substances and agents.

Article 3. Protection measures. With reference to its previous comments, the Committee notes the Government’s reference to the requirement for the registration of employers with the SVCC, under the terms of Decision No. 81/2019 of the Occupational Risk Supervisory Authority, and its indication that Decision No. 37/2010 of the Occupational Risk Supervisory Authority determines the frequency and minimum content of the periodic examinations to be carried out in cases of the existence of exposure to hazardous agents. The Committee requests the Government to continue providing information on the measures adopted or envisaged to ensure the protection of workers against risks of exposure to carcinogenic substances or agents.

C. Protection in specific branches of activity

Safety and Health in Agriculture Convention, 2001 (No. 184)

The Committee notes the information provided by the Government in reply to its previous request in relation to Articles 4(2)(c), 10(a) and 12 of the Convention.

Articles 4(1) and (2)(b) of the Convention. National policy. With reference to its previous comments, the Committee notes that, although the Government refers to the draft Bill on the prevention of occupational risks, the Bill does not specifically address the agricultural sector. The Committee also notes that the IInd Argentine OSH Strategy (2015–19) includes among its objectives the promotion of a campaign for the prevention of risks in agriculture and the completion of the draft decision of the Occupational Risk Supervisory Body to bring the legislation into conformity with this Convention, in consultation with the social partners. The Committee requests the Government to provide further information on the formulation, implementation and periodic review of a coherent national policy on safety and health in agriculture in consultation with the social partners. It also requests the Government to provide information on the achievement of the objectives set out for agriculture in the IInd OSH Strategy (2015–19) and to report on the adoption of new OSH strategies.

Article 6(2). Two or more employers in an agricultural workplace. Duty to cooperate in applying safety and health requirements. With reference to its previous comments, the Committee notes the Government’s indication that the draft Bill on the prevention of occupational risks provides that, where two or more enterprises undertake activities simultaneously in the same workplace they shall coordinate and collaborate in the application of prevention measures (section 10(g)). The Committee requests the Government to provide further information, including within the context of the draft Bill on the prevention of occupational risks, on the measures adopted or envisaged to ensure in law and practice that where two or more employers undertake activities in an agricultural workplace, they shall cooperate in applying the safety and health requirements.

Article 7(a). Appropriate risk assessments and adoption of preventive and protective measures on the basis of the results. With reference to its previous comments, the Committee notes the Government’s indications that the draft Bill on the prevention of occupational risks establishes requirements to assess the risks arising out of work and the factors which have an impact on their development, and the adoption of measures for their prevention. The Committee requests the Government to provide further information on the measures adopted or envisaged, including in the context of the adoption of the draft Bill on the prevention of occupational risks, to ensure that employers carry out appropriate OSH risk assessments in the agricultural sector and, on the basis of the results, adopt preventive and protective measures.

Article 8(1)(b). Right of workers to participate in the application of safety and health measures and to select their representatives. With reference to its previous comments, the Committee notes the Government’s reference to section 84 of Act No. 26727 on the National Agricultural Labour Commission (CNTA). In this respect, the Committee notes that the members of the CNTA are designated by the MTESS (section 86) (now the STEySS). The Committee requests the Government to provide further information on the measures adopted or envisaged to ensure that workers in agriculture participate in the application and review of safety and health measures and select their safety and health representatives and representatives in safety and health committees.

Article 11. Risk assessment, consultation and establishment of safety and health requirements for the handling and transport of materials. With reference to its previous comments, the Committee notes the Government’s indication that Decision No. 3345/2015 of the Occupational Risk Supervisory Body establishes maximum limits for the transfer, pushing or pulling of heavy objects. The Committee requests the Government to provide further information on the measures adopted to ensure that: (i) the safety and health requirements for the handling and transport of the materials envisaged in Decision No. 3345/2015 of the Occupational Risk Supervisory Body are based on a risk assessment, technical standards and medical opinion; and (ii) workers shall not be required or permitted to engaged in the manual handling or transport of a load which by reason of its weight or nature is likely to jeopardize their safety or health.

Article 13. Preventive and protective measures for the use of chemicals and the handling of chemical waste at the level of the undertaking. With reference to its previous comments, the Committee notes that the Government refers to Act No. 24051 and its Regulatory Decree No. 831/1993, Act No. 25612 on the comprehensive management of industrial waste and service activities and Act No. 27279 on phytosanitary products. The Committee notes that, while these laws principally regulate the management of hazardous wastes, they do not contain provisions on the use of chemicals. The Committee notes the indications of the CGT RA in its observations concerning the establishment of the Interministerial Roundtable on Chemicals in July 2019 by Decree No. 504/2019, the principal function of which is to engage in joint work for the design, adoption and implementation of national public policies on chemicals and chemical products throughout their life cycle. The Committee requests the Government to provide further information on the adoption of preventive and protective measures for the use of chemicals at the level of the undertaking, in accordance with Article 13 of the Convention. It also requests it to provide information on the policies adopted in this regard by the Interministerial Roundtable on Chemicals.

Article 14. Protection against biological hazards. With reference to its previous comments, the Committee notes the Government’s indication that the draft Bill on the prevention of occupational risks establishes requirements for the protection of the health of workers when using physical and biological chemicals and agents. The Committee requests the Government to provide further information on the measures adopted or envisaged, including within the context of the adoption of the draft Bill on the prevention of occupational risks, to ensure that risks such as those of infection, allergy or poisoning are prevented or kept to a minimum in the handling of biological agents.

Article 16. Young workers and hazardous work. Appropriate training. With reference to its previous comments, the Committee notes the Government’s indication that the types of work, activities, occupational and tasks which constitute hazardous work for young persons under 18 years of age have been determined by Decree No. 1,117/2016. The Committee notes that these include work involving exposure to hazardous chemical or biological substances, agents and processes, as well as contact with and the handling of poisonous or sharp plants. The Committee also notes the emphasis placed by the CGT RA on the weakening by the Government of the implementation of communication campaigns and training on this subject. With reference to its comments on the Worst Forms of Child Labour Convention, 1999 (No. 182), the Committee requests the Government to provide further information on the application of Decree No. 1,117/2016 in agriculture with a view to ensuring that young persons under 18 years of age do not perform work which by its nature or the circumstances in which it is carried out is likely to harm their safety and health. It also once again requests the Government to provide information on the training provided and protection afforded to workers from the age of 16 for work which, although not included under Decree No. 1,117/2016, could be harmful to their safety and health.

Article 18. Pregnancy, breastfeeding and the reproductive health of women agricultural workers. With reference to its previous comments, the Committee notes that the Government refers to the maternity leave provided for in Act No. 26727, and to general safety and health measures. However, the Committee notes that these provisions do not address the special needs of women agricultural workers. The Committee requests the Government to provide further information on the measures adopted or envisaged to ensure that the special needs of women agricultural workers are taken into account, particularly in relation to pregnancy, breastfeeding and reproductive health, in accordance with Article 18 of the Convention.

Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 139 (occupational cancer), 155 (OSH), 184 (OSH in agriculture) and 187 (promotional framework for OSH) together.

The Committee notes the observations of the General Confederation of Labour of the Argentine Republic (CGT RA) on Conventions Nos 139, 155, 184 and 187, received on 29 August 2025, the observations of the Confederation of Workers of Argentina (CTA Autonomous) on Conventions Nos 139, 155 and 187, received on 1 September 2025, and the observations of the Confederation of Workers of Argentina (CTA Workers) on Conventions Nos 155 and 187, received on 5 August 2021.

A. General provisions

Action at the national level

National system

Article 9 of Convention No. 155 and Article 4(2)(c) of Convention No. 187. Adequate and appropriate inspection system. With reference to its previous comments, the Committee notes the information provided by the Government in its report, according to which cooperation agreements between the Occupational Risk Supervisory Authority (SRT) and local labour administrations are renewed annually to ensure the implementation of supervisory action in relation to OSH in accordance with the principles of coordination, cooperation, co-participation and co-responsibility. The Committee also notes the emphasis placed by the CGT RA on the weakening of inspections in relation to the implementation of OSH standards as a consequence of the cost-cutting and austerity policy. In particular, it considers that it is necessary for inspections to be focused on industries with high injury rates, such as construction, agro-industry and manufacturing, and for greater rapidity in the application of fines in the event of serious violations of OSH regulations. With reference to its comments on the Labour Inspection Convention, 1947 (No. 81), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129), the Committee requests the Government to take the necessary measures to ensure that the enforcement of OSH laws and regulations is ensured by an adequate and appropriate inspection system and that the enforcement system includes adequate penalties in the event of violations.

B. Protection against specific risks

Occupational Cancer Convention, 1974 (No. 139)

Article 5 of the Convention. Medical examinations for workers during the period of employment and thereafter. With reference to its previous comments, the Committee notes that the Government refers to section 6 of Decision No. 37/2010 of the Occupational Risk Supervisory Authority, which establishes the responsibility of the occupational risk insurer or the self-insured employer to carry out termination examinations, of an optional nature, between ten days prior to and 30 days after the termination of the employment relationship. In this regard, the Committee notes that the Decision does not provide for medical examinations to be carried out after the period of 30 days following the termination of the employment relationship. The Committee therefore once again requests the Government to take the necessary measures to ensure in law and practice that such medical examinations are provided for workers as are necessary to evaluate their exposure and supervise their state of health in relation to the occupational hazards, including after the period of employment.

C. Protection in specific branches of activity

Safety and Health in Agriculture Convention, 2001 (No. 184)

Article 5 of the Convention.Adequate and appropriate system of inspection. With reference to its previous comments, the Committee notes the information provided by the Government on the technological progress introduced in carrying out OSH inspections, including the development of the “Single Digital Record” and the provision of equipment to all jurisdictions. However, the Committee notes that specific information has not been provided on the system of labour inspection in agriculture. The Committee also refers to its comments on the Labour Inspection (Agriculture) Convention, 1969 (No. 129), and notes the indication by the CGT RA that the number of inspectors in the agricultural sector is insufficient to cover the whole of the territory adequately. The Committee requests the Government to take the necessary measures to ensure that an adequate and appropriate system of inspection for agricultural workplaces is in place and is provided with adequate means in relation to OSH. It also requests the Government to provide information on the progress achieved in this respect.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health, the Committee considers it appropriate to examine Conventions Nos 155 (occupational safety and health) and 187 (promotional framework for occupational safety and health) together. The Committee notes the Government’s first reports on both Conventions.

The Committee notes the observations of the General Confederation of Labour of the Argentine Republic (CGT–RA), and the Confederation of Workers of Argentina (CTA Autonomous), received in 2016, and also the Government’s reply, received in 2017.

I. Action at the national level

Article 2(3) of Convention No. 187. The Committee notes the proposed establishment of a committee to address issues arising in the ILO supervisory system. The Committee requests the Government to provide information relating to the obligation to periodically consider the measures that could be taken to ratify relevant occupational safety and health Conventions of the ILO, and on the results of consultations held with the most representative organizations of employers and workers including within the context of the proposed committee.

National policy

Article 4 of Convention No. 155. Implementation and periodic review of national policy on occupational safety and health. The Committee notes that the national policy on occupational safety and health (OSH) was officially approved by the Standing Advisory Committee on the Occupational Risk Prevention Bill (LRT Advisory Committee) on 21 November 2012. It also notes that it will be implemented and periodically reviewed in consultation with the representative workers’ and employers’ organizations and with competent institutions in this field. The Committee requests the Government to provide information on the periodic review of national policy, in consultation with the most representative workers’ and employers’ organizations concerned.

Article 8 of Convention No. 155 and Article 4(3)(a) of Convention No. 187. Consultation with representative organizations. The Committee notes that the LRT Advisory Committee is the tripartite advisory body on OSH issues. Section 40 of the Occupational Risk Prevention Bill stipulates that the LRT Advisory Committee shall comprise four CGT–RA representatives for the workers and four representatives for the employers from their organizations, two of whom shall be designated by the small and medium-sized enterprise (SME) sector. The Committee notes that the national policy for 2012 and the action plan of OSH Strategy II have been signed by representatives of the General Confederation of Labour (CGT) and the Confederation of Workers of Argentina (CTA). The Committee requests the Government to provide additional information on consultations with representative employers’ and workers’ organizations which do not form part of the LRT Advisory Committee.

Article 7 of Convention No. 155. Overall review or reviews of particular areas. The Committee notes the Government’s indication that: (a) the first “national survey of workers regarding employment, work, working conditions and the working environment in Argentina” was carried out in 2009; (b) it is planned to carry out a second survey; and (c) the results of the survey conducted in agriculture are being processed. The Committee requests the Government to continue its efforts to carry out the second national survey and to provide information on the results of the survey conducted in agriculture.

National system

Article 4(1) of Convention No. 187. National system. The Committee welcomes the approval of the draft Occupational Risk Prevention Bill by the LRT Advisory Committee in March 2018 and its transmission to the ILO for technical comments. The Committee requests the Government to continue to provide information on the adoption of the Occupational Risk Prevention Bill.

Article 9 of Convention No. 155 and Article 4(2)(c) of Convention No. 187. Adequate and appropriate inspection system. The Committee notes the structure and operation at the federal and provincial levels of the inspection system (Act No. 25.877 of 2004 establishing the integrated labour and social security inspection system (SIDITYSS)). The system comprises the National Labour and Social Security Administrative Authority, the provincial authorities and the Autonomous City of Buenos Aires. The Committee notes that the CGT–RA regrets the fact that the provincial authorities do not have sufficient human and financial resources. The Government indicates that the Occupational Risk Supervisory Authority (SRT) helps to reinforce the inspection capacity of the local labour administrations through cooperation agreements between them and the SRT. Considering that Argentina has ratified the Labour Inspection Convention, 1947 (No. 81), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129), the Committee refers, as concerns Article 9 of Convention No. 155 and Article 4(2) of Convention No. 187, to the detailed comments that it adopted in 2016 on the application of Convention No. 81 and Convention No. 129 specifically with respect to the following Articles: Articles 3(1)(a), 16, 18 and 24 of Convention No. 81 and Article 6(1)(a), 21 and 24 of Convention No. 129 (supervisory function of labour inspectors, frequency and scope of labour inspections, and penalties); Articles 3(1)(a), 4, 10 and 11 of Convention No. 81, and Article 6(1)(a), 7(1), 14 and 15 of Convention No. 129 (supervision and control of the labour inspection services by a central authority and number of inspection staff); Article 9 of Convention No. 81 and Article 11 of Convention No. 129 (collaboration with technical experts and specialists); and Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129 (annual labour inspection report), as well as Articles 6(1)(a), 14 and 19 of Convention No. 129 (function of labour inspection, number of inspectors, notification of occupational accidents and diseases), and Articles 17 and 19 of Convention No. 129 (preventive control and notification of occupational accidents and cases of occupational disease).

Article 12 of Convention No. 155. Obligations of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee notes that section 6 of the draft Occupational Risk Prevention Bill establishes the obligations provided for in Article 12 of the Convention. The Committee requests the Government to continue its efforts to give effect to Article 12 of the Convention, including through the adoption of the Occupational Risk Prevention Bill.

Articles 13 and 19(f) of Convention No. 155. Imminent and serious danger. Protection of the worker from undue consequences. The Committee notes the Government’s indication that Article 13 is directly operational in the country through Act No. 26.693 of 2011 giving effect to Convention No. 155 and its Protocol of 2002. Moreover, section 31.3(c) of Act No. 24.557/1995 establishes the obligation of workers to report to the employer situations in which they are aware that occupational risks are involved. Moreover, section 8(d) of the draft Occupational Risk Prevention Bill establishes the right of workers to remove themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to life or health, with the obligation to notify their supervisor immediately wherever possible. The Committee requests the Government to continue its efforts to give effect to Articles 13 and 19(f) of the Convention, including through the adoption of the Occupational Risk Prevention Bill.

Article 14 of Convention No. 155. Promotion of OSH issues in education and training. The Committee notes the Government’s indication that it will propose to the Federal Council for Culture and Education that it agree to the incorporation of content on OSH and the working environment at the various levels of education and training. In addition, section 6 of the draft Occupational Risk Prevention Bill provides for the incorporation of OSH issues at all levels of education and training. The Committee requests the Government to continue to provide information on the adoption of the aforementioned measures.

II. Action at the level of the undertaking

Article 17 of Convention No. 155. Duty of collaboration between two or more undertakings engaging in activities simultaneously at one workplace. The Committee notes that section 3 of Decree-Law No. 19.587 concerning occupational safety and health establishes the joint and several liability of the main employer regarding compliance with OSH provisions when the work is carried out by third parties in establishments or workplaces of the main employer or with machinery, plant or equipment supplied by the latter. However, the CGT–RA indicates that there is insufficient coordination of safety programmes when several enterprises are operating simultaneously, whose activities involve different risks and different degrees of responsibility. The Committee notes that the duty of collaboration of two or more undertakings engaging in activities simultaneously at one workplace is established in section 10(g) of the draft Occupational Risk Prevention Bill. The Committee requests the Government to continue its efforts to give effect to Article 17 of the Convention, including through the adoption of the Occupational Risk Prevention Bill, and to provide information in this respect.

Article 19(b), (c), (d) and (e) and Article 20 of Convention No. 155 and Article 4(2)(d) of Convention No. 187. Arrangements to be adopted at the level of the undertaking regarding cooperation between employers and workers and their representatives. The Committee notes the Government’s indication that various sectoral and provincial regulations establish specific measures regarding information and training for workers and their representatives and mechanisms for cooperation between them and the employers, such as the setting up of joint OSH committees and the appointment of OSH delegates. Moreover, Decision No. 3528/15 SRT provides that employers in the self-insurance scheme must set up a joint OSH committee made up of representatives of the employer and of the workers. However, these provisions are not generally applicable in that they only cover specific sectors and provinces, and only employers in the self-insurance scheme. The Committee requests the Government to provide information on the measures taken or contemplated to ensure training and information for workers’ representatives and to promote cooperation in general between workers, their representatives and the employers in cases not covered by the existing legislation, including through consultation between them, to examine all aspects of OSH.

Article 21 of Convention No. 155. Cost of OSH measures. The Committee notes that section 10(e) of the draft Occupational Risk Prevention Bill establishes the obligation for the employer to provide appropriate personal protective equipment and clothing according to the specific risk concerned, without any cost to the worker. The Committee requests the Government to continue its efforts to give effect to Article 21 of the Convention, including through the adoption of the Occupational Risk Prevention Bill.

Protocol to Convention No. 155

Article 3(d) of the Protocol. Confidentiality of personal data. The Committee notes that Decision No. 525/2015 SRT obliges occupational risk insurers to preserve the confidentiality of data. However, the Government does not provide any information on the obligation for employers to respect confidentiality. The Committee requests the Government to provide information on the measures taken or envisaged to ensure the confidentiality of personal and medical data in the employer’s possession.

Article 4(a) of the Protocol. Information for workers and their representatives concerning notified cases. The Committee notes that section 31 of the Occupational Risk Prevention Bill establishes the obligation for employers to notify the occupational risk insurers and the SRT of occupational accidents and diseases. Moreover, Appendix I to Decision No. 525/2015 establishes the administrative procedure for reporting occupational accidents and diseases in the terms prescribed by Article 4 of the Protocol. However, these provisions do not establish the responsibility for employers to provide appropriate information for workers or their representatives concerning notified cases. The Committee requests the Government to provide information on the measures taken or contemplated in this respect.