Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 115 (radiation protection), 136 (benzene), 139 (occupational cancer), 155 (OSH), 161 (occupational health services), 162 (asbestos), 167 (OSH in construction), 176 (OSH in mines) and 184 (OSH in agriculture) together.

The Committee notes the observations of the Inter-Union Assembly of Workers – Workers’ National Convention (PIT–CNT) on the application of Convention No. 155, communicated by the Government.

A. General provisions

1. Occupational Safety and Health Convention, 1981 (No. 155)

The Committee notes the information provided by the Government in response to its previous comments on Article 18 (measures to deal with emergencies) of the Convention.

Articles 4, 5(d) and 7 of the Convention. Periodic reviews of the national situation and communication at all appropriate levels. The Committee recalls that in previous comments it noted that, under section 12 of Decree No. 291/007, a sectoral tripartite committee must be created in each sector or branch of activity to formulate, implement and periodically review a national policy and its methods of implementation in relation to occupational safety, occupational health and the working environment, in order to give effect to the Convention. In this regard, the Committee notes the observations provided by the PIT–CNT that there continue to be difficulties in setting up tripartite forums at the sectoral level. The Committee requests the Government to provide information on the manner in which it is ensured that the situation regarding workers’ safety and health and the working environment is reviewed at appropriate intervals, either overall or in respect of particular sectors, with a view to identifying major problems and evolving effective methods for dealing with them and priorities of action. The Committee also requests the Government to provide additional information on the work of the sectoral tripartite committees.

Article 11(e). Annual publication of information. With reference to its previous comments, the Committee notes the Government’s indication that efforts were made to improve the quality of information and the production of reports analysing the accident rate at the national level and by sector or branches of activity, and that regular annual presentations were made to the National Occupational Safety and Health Board (CONASSAT) and to the sectoral tripartite committees. The Committee also notes the Government’s indication that the Occupational Accidents Monitoring System, which contains information on occupational accidents, was launched as a result of the coordinated work of the Ministry of Labour and Social Security (MTSS) and the State Insurance Bank (BSE). The Committee notes that both this monitoring system and the Occupational Diseases Monitoring System are databases available on the web page of the BSE which contain detailed quarterly and annual information on, respectively, occupational accidents and occupational diseases that have been recognized under Act No. 16074, on occupational accident and disease insurance.

Articles 13 and 19(f). Protection for workers who remove themselves from work situations that present an imminent and serious danger. With reference to its previous comments, the Committee notes that the Government refers to the various provisions of Decree No. 125/014 and Decree No. 394/018, which establish the procedures for, respectively, the halting of work in the construction industry and in dock work when there is imminent and serious risk to the physical safety of one or more workers. The Committee notes that the provisions referred to by the Government specify that the procedures for halting work shall be initiated by the safety and health delegate or the workers’ representative on the safety committee, and do not protect all workers who remove themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health. Noting that the provisions referred to by the Government do not give effect to Articles 13 and 19(f) of the Convention, the Committee once again requests the Government to adopt the necessary measures to ensure that workers who believe it necessary to remove themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health are protected from undue consequences. It also requests the Government to provide information on the measures adopted in this regard.

Article 17. Collaboration between enterprises engaging in activities simultaneously at one workplace. With reference to its previous comments, the Committee notes the Government’s reference to section 108(f) of Decree No. 394/018, which regulates the content of plans for the performance of dock work in a single confined or potentially confined space where operators from more than one enterprise are present. Noting that the provisions referred to by the Government do not give full effect to Article 17 of the Convention, the Committee once again requests the Government to adopt the necessary measures to ensure that whenever two or more enterprises engage in activities simultaneously at one workplace, they shall collaborate in applying the requirements of the Convention, and that this requirement covers all workers in all branches of economic activity. It also requests the Government to provide information on the measures adopted in this regard.

Articles 19(b) and (c) and 20. Adoption of provisions at the level of the enterprise regarding the cooperation of workers’ representatives with the employer and appropriate training in the area of OSH given to workers and their representatives. The Committee recalls that section 5 of Decree No. 291/007 provides for the establishment of bipartite cooperation bodies on OSH at the enterprise level. The Committee notes that Decree No. 244/016 amended sections 5(d) and 11 of Decree No. 291/007 and added sections 5bis and 11bis, and that all these provisions refer to the establishment of the bipartite bodies and to their activities.

2. Occupational Health Services Convention, 1985 (No. 161)

Article 9 of the Convention. Health services in multidisciplinary work. The Committee notes that section 5 of Decree No. 127/014, as amended by section 2 of Decree No. 126/019, still specifies that occupational prevention and health services shall be multidisciplinary and that their new composition of personnel shall include at least one doctor specialized in occupational health and one other professional or specialist holding any of the following qualifications: prevention specialist, occupational health technician, prevention technician, occupational safety and health professional, or prevention technology engineer, and may also include a psychologist, nursing personnel or specialists in fields associated with occupational safety and health.

B. Protection against specific risks

1. Radiation Protection Convention, 1960 (No. 115)

Article 14 of the Convention. Discontinuation of assignment to work involving exposure to ionizing radiation contrary to qualified medical advice. The Committee notes that Decision No. 004/2018 of the National Regulatory Authority for Protection against Radiation (ARNR), of 20 August 2018, approved a new version of the UY 100 Standard issuing the basic regulations on radiation protection and safety. The Committee notes with interest that section 140 of the UY 100 Standard (Revision VIII) provides that when it is determined, by the ARNR or in the context of the health monitoring programme required by the Standard, that, for health reasons, a worker cannot continue in employment involving occupational exposure, employers shall make every reasonable effort to provide the worker with adequate substitute employment, in accordance with the legislation in force.

2. Benzene Convention, 1971 (No. 136)

The Committee notes the information provided by the Government in reply to its previous comments on Articles 7(1) (performance of work involving the use of benzene or of products containing benzene in an enclosed system) and 8(2) (the provision of adequate means of protection against the risk of inhaling benzene vapour) of the Convention.

Article 4(2) of the Convention. Prohibition of the use of benzene and of products containing benzene as a solvent or diluent. The Committee requests the Government to provide information on the measures adopted to ensure that benzene is not used as a diluent and products containing benzene are not used as a solvent or diluent.

3. Occupational Cancer Convention, 1974 (No. 139)

Article 5 of the Convention. Medical examinations. With reference to its previous comments, the Committee notes the Government’s indication that the BSE Monitoring System does not cover occupational diseases related to occupational cancer. The Committee also notes the Government’s indication that compulsory medical examinations and their frequency are provided for in Order No. 145/009 of the Ministry of Public Health on the monitoring of the health of workers exposed to occupational risk factors. The Committee notes that this Order does not provide for the performance of post-employment medical examinations, but the Government indicates that it is working to revise the Order. The Committee requests the Government to provide information on the measures adopted to ensure that cases of occupational cancer are identified. The Committee also requests the Government to adopt measures, including as part of the ongoing revision of Order No. 145/009, to ensure that workers are provided with such medical examinations or biological or other tests or investigations, after the period of employment, as are necessary to evaluate their exposure and supervise their state of health in relation to the occupational hazards. The Committee further requests the Government to provide information on any developments in the adoption of such measures.

4. Asbestos Convention, 1986 (No. 162)

Article 6(2) of the Convention. Cooperation between employers undertaking activities simultaneously at one workplace. In this respect, the Committee requests the Government to refer to its comments on the application of Article 17 (collaboration between enterprises engaging in activities simultaneously at one workplace) of Convention No. 155.

Articles 20(2) and (3) and 21(3). Keeping of records of the monitoring of the working environment and the access of the workers, their representatives and the inspection services to these records. Obligation to inform workers in an adequate and appropriate manner of the results of their medical examinations and provide advice concerning their health. In relation to its previous comments, the Committee notes the Government’s indication that it is working to revise Order No. 145/009 on the monitoring of the health of workers exposed to occupational risk factors, with a view to updating it and expressly including the obligation to inform workers of the results of their medical examinations and provide them with advice. The Committee requests the Government to provide information on any progress made in the revision of Order No. 145/009. Furthermore, having noted the continued absence of information on this matter, the Committee once again requests the Government to provide information on the requirement for employers to keep records of the monitoring of the working environment and the workers exposed to asbestos, as well as the right of workers concerned, their representatives and the inspection services to access these records.

C. Protection in specific branches of activity

1. Safety and Health in Construction Convention, 1988 (No. 167)

Article 3 of the Convention. Consultation with the most representative organizations of employers and workers regarding measures that give effect to the provisions of the Convention. Noting the information provided by the Government, the Committee requests the Government to continue providing information on the activities undertaken by the Tripartite Occupational Safety and Health Committee for the Construction Industry.

Article 12(1). Right of workers to remove themselves from dangerous situations that pose an imminent and serious danger to their safety or health. Duty to inform their supervisor immediately. The Committee notes the Government’s indication, in relation to its previous comments, that there are no provisions guaranteeing the rights and obligations provided for in this clause of the Convention. The Committee once again requests the Government to adopt the necessary measures to ensure that the national legislation provides for the right of all workers to remove themselves from danger when they have good reason to believe that there is an imminent and serious danger to their safety or health, and the duty so to inform their supervisor immediately. The Committee requests the Government to refer to its comments on the application of Articles 13 and 19(f) (protection for workers who remove themselves from work situations that present an imminent and serious danger) of Convention No. 155.

Application in practice. The Committee notes that, according to information available in the BSE Occupational Accidents Monitoring System, in the first half of 2019, the total number of occupational accidents increased by 2.0 per cent year on year and that the sector that contributed to the largest extent to this increase was the construction industry, together with ancillary activities. In the first quarter of 2019, there were 815 occupational accidents in this industry, representing an increase of 13.5 per cent compared with the first quarter of 2018. The Committee requests the Government to provide information on the reasons for the increased number of occupational accidents in the construction sector in the first quarter of 2019 in comparison with the first quarter of 2018.

2. Safety and Health in Mines Convention, 1995 (No. 176)

Article 3 of the Convention. National policy. The Committee requests the Government to provide information on the activities undertaken by the Tripartite Occupational Safety and Health Committee for the Mining Sector.

Article 4. National legislation to ensure the application of the Convention and other supplementary measures. The Committee notes the Government’s indication that the legislation has not been amended and, moreover, Decree No. 1230/43 issuing the Regulations on Mining Police and Security continues to be applied. The Committee also notes an absence of information on the status of the approval process of the draft Decree governing mining police and security (2016), provided by the Government with its previous report, which would update the Regulations on Mining Police and Security currently in force. The Committee once again requests the Government to provide information on the status of the draft Decree governing mining police and security as well as information on other measures applying the Convention that supplement the national legislation.

Article 5(2)(d). Compilation and publication of statistics. In relation to its previous comments, the Committee notes the Government’s indication that there are no records of accidents in mines and the BSE Occupational Accidents and Occupational Diseases Monitoring Systems do not contain information on the mining sector. The Committee requests the Government to adopt the necessary measures to ensure the compilation and publication of statistics on accidents, occupational diseases and dangerous occurrences.

Article 5(3). Competent persons for the manufacture, storage, transport and use of explosives and detonating devices. The Committee notes the Government’s indication, in reply to its previous comments, that the Weaponry and Supplies Service of the National Defence Ministry is the competent body with regard to the manufacture, storage, transport and use of explosives and detonating devices and the applicable regulation is Decree No. 2605/943 on explosives and weapons. The Committee notes that section 19 of this Decree provides that, in order to obtain a manufacturing permit for explosives for the detonation and detonating of explosions and regular explosives or destructive devices, a factory must be under the technical management of an industrial chemist with a qualification issued or endorsed by the University of the Republic.

Article 6. Employer’s assessment and handling of risks. Noting the absence of specific information in this respect, the Committee once again requests the Government to provide information on the measures taken to ensure that risks are assessed and dealt with by employers in the following order of priority: (a) eliminate the risk; (b) control the risk at source; (c) minimize the risk; and (d) in so far as the risk remains, provide for the use of personal protective equipment.

Article 7(c). Stability of the ground. In the absence of information in this respect, the Committee once again requests the Government to provide information on the measures taken or envisaged to guarantee that the employer ensures the stability of the ground in areas to which persons have access in the context of their work.

Article 7(i) and 8. Stoppage of work and evacuation. Specific emergency response plan. The Committee notes that section 11 of Chapter II of Title V of Decree No. 406/88 governing occupational safety and health, provides that in the event of any accidental exposure or emergency related to chemical, physical or biological agents which may have serious consequences for workers or the general public, a perfectly organized emergency plan shall be drawn up. The Committee also notes the Government’s indication that the project evaluation and inspection division of the Ministry of Industry, Energy and Mining requests, before the mining activity begins, the presentation of a safety protocol, which must indicate the measures to be taken in the event of an incident, and this protocol is monitored during the inspections conducted by the above-mentioned division. The Committee requests the Government to specify whether the above-mentioned emergency plan and/or safety protocol contain measures that guarantee the stoppage of work and the evacuation of workers to a safe location when there is serious danger to the safety and health of workers and ensure that there is an emergency response plan, specific to each mine, for reasonably foreseeable industrial and natural disasters.

Article 9(d). First aid, transportation and medical facilities. Further to its previous comments, the Committee notes that section 100 of Chapter XXIII, Title II of the Occupational Safety and Health Regulations provides that, in the event of an accident, workers must be supervised by an operator trained as a responder with a knowledge of first aid and that, nevertheless, the first measure to take in the event of an accident is to proceed without delay to a medical centre.

Article 10(a). Training programmes. The Committee notes that further to its previous comments, the Government refers to Decree No. 291/007 implementing the provisions of Convention No. 155 and Decree No. 306/005 regulating the prevention of and protection against risks arising from the chemical industry; the Government indicates that these Decrees require all enterprises to establish a cooperative body comprising workers and employers in order to promote and collaborate on planning training, which shall be consensual, and promote and maintain cooperation on occupational health, occupational safety and the working environment. The Committee requests the Government to provide information on how it ensures that workers are provided, at no cost to them, with adequate training and retraining programmes, including in the context of the training plans developed by the cooperative bodies comprising workers and employers established in enterprises pursuant to section 5 of Decree No. 291/007.

Article 10(b). Supervision and control. In its previous comments, the Committee noted that section 26 of the Regulations on Mining Police and Security provides that wherever the presence of water is suspected that may flow into the work area, it must be investigated and the supervisor must report to the mine manager on the status of the investigation before the start of each replacement shift. Noting that the Government does not provide information in this regard, the Committee once again requests the Government to provide information on the measures taken to provide for the employer’s obligation to ensure that supervision and control are provided on each shift in all cases and not only when the presence of water is suspected.

Article 12. Activities of two or more employers at the same mine. In relation to its previous comments, the Committee notes the Government’s indication that when mining activity is outsourced or there is more than one company working in a mining venture, responsibility lies with the owner of the mine, in accordance with the provisions of the Mining Code. Noting that this Code does not contain provisions giving full effect to Article 12 of the Convention, the Committee once again requests the Government to take the necessary measures to ensure that whenever two or more employers undertake activities at the same mine, the employer in charge of the mine shall coordinate the implementation of all measures relating to safety and health and shall hold the primary responsibility for the safety of the operations.

Article 13(1)(a), (b) and (e) and (2)(b), (c) and (f). Rights of workers and their representatives. Further to its previous comments, the Committee notes that the Government refers, in a general manner, to Act No. 16074 on insurance for occupational accidents and diseases, Decree No. 406/988, regulatory provisions on occupational safety and health, and Decree No. 306/005 regulating the prevention of and protection against risks arising from the chemical industry, without specifying the particular provisions of these texts that would give effect to Article 13(1)(a), (b) and (e) and (2)(b), (c) and (f) of the Convention. The Committee notes that the Government also refers to sections 4 (right of workers or their representatives to consult and make recommendations on occupational safety and health to the employer) 5, 5bis, 11 and 11bis (on the establishment and activities of bipartite cooperation bodies on occupational safety and health at the enterprise level) of Decree No. 291/007. Noting the absence of specific information in this regard, the Committee once again requests the Government to provide information on the legislative provisions covering the rights of workers: (i) to report accidents, dangerous incidents and hazards (Article 13(1)(a)); (ii) to request and obtain inspections and investigations (Article 13(1)(b)); and of their representatives: (iii) to participate in inspections and investigations as well as monitor and investigate safety and health matters (Article 13(2)(b)); (iv) to have recourse to advisers and independent experts (Article 13(2)c)); and (v) to receive notice (Article 13(2)(f)). The Committee also requests the Government to refer to its comments on the application of Articles 13 and 19(f) (on the protection of workers removed from imminent and serious danger) of Convention No. 155, and to provide information concerning Article 13(1)(e) of this Convention.

Article 13(4). Discrimination or retaliation. Noting that the Government refers to the provisions of section 14 of Decree No. 291/007, to which the Committee referred in its previous comment, the Committee again requests the Government to provide information on the measures taken to ensure that workers and their representatives are able to exercise the rights provided for in Article 13(1) and (2) of the Convention without discrimination or retaliation.

Article 14. Workers’ duties. In the absence of information in this regard, the Committee once again requests the Government to provide information on the measures taken to give effect to the provisions of Article 14(b), (c) and (d) of the Convention.

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

Article 4 of the Convention. National policy. The Committee takes note of the information provided by the Government on the activities of the tripartite committee on occupational safety and health in agriculture. The Committee requests the Government to continue to provide information on the activities of the above-mentioned committee.

Article 5. Inspection system. In this regard, the Committee requests the Government to refer to its comments on the application of Articles 14 and 21 (on the number of labour inspectors and inspection visits and the frequency and thoroughness of labour inspections) and Articles 26 and 27 (on the annual report on the activities of the inspection services) of the Labour Inspection (Agriculture) Convention, 1969 (No. 129).

Article 6(2). Cooperation involving two or more employers, or one or more employers and one or more self-employed persons, in an agricultural workplace. Noting the absence of information in this regard, the Committee again requests the Government to provide information on the manner in which the legislation or the competent authorities fulfil the requirement that whenever in an agricultural workplace two or more employers undertake activities, or whenever one or more employers and one or more self-employed persons undertake activities, they shall cooperate in applying the safety and health requirements. The Committee also requests the Government to indicate whether the competent authority has established general procedures for such cooperation. The Committee also requests the Government to refer to its comments on the application of Article 17 (on collaboration between enterprises engaging in activities simultaneously at one workplace) of Convention No. 155.

Article 11(2). Handling and transport of materials. Prohibition on requiring or permitting the manual handling or transport of certain loads. Noting that the Government, once again, has not provided the requested information, the Committee again requests the Government to provide information on the manner in which it is ensured that workers are not required or permitted to manually handle or transport a load that, due to its weight or nature, could jeopardize their safety or health.

Article 16(2) and (3). Young workers and hazardous work. Further to its previous comments, the Committee notes the Government’s indication that the work permits for young people aged between 16 and 18 years authorized to work as milking yard, wiring assistant and horse-riding guide, were issued on an exceptional basis by the Board of Directors of the Uruguayan Institute for Children and Young Persons, and that they are monitored by the National Inspectorate for the Work of Children and Young Persons of that institute. The Government indicates that in order to obtain an exemption for an activity, a responsible person of legal age must accompany the young person throughout the working day and the young person may not perform any task considered hazardous unless accompanied by the responsible person. The Committee also notes the Government’s indication that the National Committee for the Elimination of Child Labour is working on introducing new training on certain activities for young people before they start working in those areas. The Committee requests the Government to refer to its comments on the application of Article (3)(2) (on the determination of hazardous types of work) of the Minimum Age Convention, 1973 (No. 138).

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 155 (OSH), 161 (occupational health services) and 162 (asbestos) together.

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020) in which it provides information on the measures adopted to deal with the emergency health situation in the context of the COVID-19 pandemic.

COVID-19 measures. The Committee appreciates the Government's efforts to provide information on the OSH measures taken by the Government in the context of the COVID-19 pandemic, in particular the adoption of several decrees and resolutions relating to OSH. The Committee notes in particular Resolutions No. 52/020 (13 March 2020) and No. 54/020 (19 March 2020) of the Ministry of Labour and Social Security, agreed upon in a tripartite setting within the scope of the National Council for Occupational Safety and Health (CONASSAT), which set out provisions and recommendations for risk-prevention measures relating to COVID-19 in the area of work, as well as minimum guidelines to be included in the protocols for prevention, monitoring and action. The Committee also notes the Resolution of the General Inspectorate of Labour and Social Security of 14 April 2020, which provides for the establishment of special teams of labour inspectors, led by division directors and coordinators, to organize and monitor compliance with OSH measures within the context of the health emergency.

With regard to the other pending issues, the Committee reproduces the content of its comments adopted in 2019 below.

The Committee notes the observations of the Inter-Union Assembly of Workers – Workers’ National Convention (PIT-CNT) on the implementation of Convention No. 161, communicated with the Government’s report.

Occupational Safety and Health Convention, 1981 (No. 155)

Articles 4, 7 and 8 of the Convention. Formulation of a national policy and adoption of legislation on occupational safety and health, in consultation with the representative organizations of employers and workers concerned. Further to its previous comments, the Committee notes that, within the framework of Act No. 19172 on the regulation and control of cannabis, and Decree No. 120/2014, regulating that Act, Decree No. 128/016 of 2 May 2016 has been adopted, establishing the procedure for the action in relation to the consumption of alcohol, cannabis and other drugs in the workplace. The Committee welcomes the Government’s indication in its report that draft Decree No. 128/016 was approved by CONASSAT in 2015.

The Committee notes that section 3 of Decree No. 128/016 provides that in joint health and safety bodies (created within the framework of Decree No. 291/007, which implements the provisions of the Convention), and in sectorial industrial relations bodies, systematic guidelines and procedures to detect situations in which alcohol and other drugs are being consumed shall be adopted, and actions shall be developed for consumption prevention and early detection, with a view to facilitating early intervention. The Committee also notes the Government’s indication in its report that in 2016 a sub-working group was established within CONASSAT to draw up a national OSH policy, and continued its activities in 2017. The Committee also notes the information provided by the Government on the adoption of a series of OSH decrees (Decrees Nos 119/017, 143/017 and 7/018) in consultation with the representative organizations of employers and workers concerned and on the preparation of a compendium of rules on OSH. The Committee requests the Government to continue providing information on the formulation of the national policy on OSH in consultation with the most representative organizations of employers and workers concerned. The Committee also requests the Government to continue providing information on all periodical reviews of the safety and health of workers and the working environment conducted within the framework of CONASSAT.

Occupational Health Services Convention, 1985 (No. 161)

Articles 3, 4 and 6 of the Convention. Progressive development of occupational health services in consultation with the most representative employers’ and workers’ organizations. Legislation. The Committee previously noted that the second paragraph of section 16 of Decree No. 127/014, which regulates the application of the Convention in all activities, provides that, within five years of the entry into force of the Decree, all of the branches of activity shall have occupational health and prevention services.

The Committee notes the PIT-CNT’s indication in its observations that the time limits established by Decree No. 127/014 have now passed, and compliance with the Decree has been very limited, as the great majority of companies have not established occupational health services. In this respect, the Committee notes that Decree No. 127/014 has been amended by Decree No. 126/019, of 6 May 2019, which was agreed in CONASSAT. The Committee notes, in particular, that section 1 of Decree No. 126/019 sets aside the time limit envisaged in section 16(2) of Decree No. 127/014 and, consequently, provides that: (i) occupational health and prevention services shall be established in companies and institutions with more than 300 workers, irrespective of their area of activity or nature; (ii) this requirement shall be gradually extended to include companies with between 50 and 300 workers, in accordance with the list of branches and activity sectors that CONASSAT will submit to the executive; and (iii) all companies and institutions with more than five workers, irrespective of the nature of their activity, shall set up occupational health and prevention services within a maximum of 18 months from the entry into force of Decree No. 126/019. The Committee also notes that section 3 of the Decree specifies that all of the companies and institutions covered by the requirement to have occupational health and prevention services shall have 180 days from the entry into force of the Decree on the expiry of the corresponding deadline to complete the establishment of such services.

The Committee notes the Government’s indication that, irrespective of the number of workers, occupational health services are currently compulsory in the chemicals, drug, pharmaceutical, fossil fuel and allied industries (pursuant to Decree No. 128/014, as amended by Decree No. 109/017 of 24 April 2017); in collective healthcare institutions, medical mutuals and cooperatives (under Decree No. 197/014, of 16 July 2014); in the dairy and non-alcoholic drinks, beer and malted barley industries, which form part of the group of activities relating to the processing and preservation of food, drinks and tobacco (pursuant to Decree No. 242/018, of 6 August 2018); in activities deemed to be dock work (under section 15 of Decree No. 394/018, of 26 November 2018) and, finally, in some activities in the refrigeration and metal products, machinery and equipment industries (pursuant to Decree No. 127/019 of 6 May 2019). The Committee requests the Government to continue providing information on the progress made in the establishment of occupational health services for all workers in all branches of economic activity and in all companies. In particular, the Committee requests the Government to provide information on the gradual extension to companies with between 50 and 300 workers of the requirement to have occupational health and prevention services, including the decrees adopted to extend the requirement, as well as on the inclusion of companies with between five and 50 workers.

Asbestos Convention, 1986 (No. 162)

Articles 3(1) and 5 of the Convention. Measures for the prevention and control of, and protection of workers against health hazards due to occupational exposure to asbestos. Inspection system and sanctions. The Committee previously noted that Decree No. 154/002 prohibits the manufacture, import and marketing of asbestos and requested the Government to provide information on the inspections conducted to control the prohibition of asbestos. In this respect, the Committee notes the Government’s indication that: (i) inspections and controls relating to asbestos are conducted by the Environmental Working Conditions Division (CAT) of the General Labour and Social Security Inspectorate of the Ministry of Labour and Social Security, the Hazard Management Unit of the State Insurance Bank and the Ministry of Public Health; (ii) training for the personnel of the General Labour Inspectorate enables them to identify specific cases of exposure to asbestos; (iii) if the CAT detects the presence of asbestos in inspected workplaces, it shall immediately order the corresponding preventive measures, the removal of the carcinogenic product and the monitoring of the workers’ health, and may even order closures in the event of non-compliance; and, (iv) either the General Labour Inspectorate or the Ministry of Public Health shall impose sanctions for failure to comply with the prohibition of the manufacture and marketing of products containing asbestos, while the National Directorate of the Environment, of the Ministry of Housing, Land Management and the Environment shall impose sanctions for failure to comply with the prohibition of marketing waste containing asbestos.

Article 17. Demolition of plants or structures containing asbestos and removal of asbestos. Preparation of a work plan in consultation with the workers or their representatives. Noting that no information has been provided in this respect, the Committee once again requests the Government to adopt the necessary measures to ensure that: (i) the demolition of plants or structures containing friable asbestos insulation materials, and the removal of asbestos from buildings or structures in which asbestos is liable to become airborne, are undertaken only by employers or contractors recognized by the competent authority as qualified to carry out such work; and (ii) employers or contractors shall draw up a work plan before commencing demolition work, in consultation with the workers or their representatives.

Article 19. Removal of waste containing asbestos. In reply to its previous comments, the Committee notes the Government’s references to section 21 of Act No. 17283 on environmental protection, as amended in 2019, which provides, firstly, that it is in the general interest to protect the environment against any effects that may derive from the production, handling and any waste management operations and their elements, whatever their type and throughout their life cycle and, secondly, that the Ministry of Housing, Land Management and the Environment shall issue and apply the necessary measures to regulate the management of waste, of whatever type, including the production, collection, transport, storage, marketing, recycling and other forms of recovery, treatment and final disposal. The Committee notes that the Government has provided information on the Hazardous Waste Removal Guide, which was drawn up with the aim of training municipal personnel in the management of such waste, including asbestos, and the indication that there is a list of registered operators authorized to handle, transport, destroy and dispose of waste, including hazardous waste. The Committee requests the Government to provide information on the measures taken to ensure that: (i) employers are required to remove waste containing asbestos in such a manner that it does not present a risk to the health of the workers concerned, including those handling asbestos waste, or the population living in the vicinity of the company; and (ii) the competent authority and the employers are required to adopt appropriate measures to prevent pollution of the general environment by asbestos dust released from workplaces.

Article 22(2). Establishment by employers of written policies and procedures on measures for the education and periodic training of workers on asbestos hazards. Noting that information has not been provided in this respect, the Committee once again requests the Government to adopt the necessary measures to ensure that employers establish written policies and procedures on measures for the education and periodic training of workers on asbestos hazards and methods of prevention and control.

The Committee is raising other matters in a request addressed directly to the Government, which reiterates the content of its previous request adopted in 2019.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 115 (radiation protection), 136 (benzene), 139 (occupational cancer), 155 (OSH), 161 (occupational health services), 162 (asbestos), 167 (OSH in construction), 176 (OSH in mines) and 184 (OSH in agriculture) together.

The Committee notes the observations of the Inter-Union Assembly of Workers – Workers’ National Convention (PIT-CNT) on the application of Convention No. 155, communicated by the Government.

A. General provisions

1. Occupational Safety and Health Convention, 1981 (No. 155)

The Committee notes the information provided by the Government in response to its previous comments on Article 18 (measures to deal with emergencies) of the Convention.

Articles 4, 5(d) and 7 of the Convention. Periodic reviews of the national situation and communication at all appropriate levels. The Committee recalls that in previous comments it noted that, under section 12 of Decree No. 291/007, a sectoral tripartite committee must be created in each sector or branch of activity to formulate, implement and periodically review a national policy and its methods of implementation in relation to occupational safety, occupational health and the working environment, in order to give effect to the Convention. In this regard, the Committee notes the observations provided by the PIT-CNT that there continue to be difficulties in setting up tripartite forums at the sectoral level. The Committee requests the Government to provide information on the manner in which it is ensured that the situation regarding workers’ safety and health and the working environment is reviewed at appropriate intervals, either overall or in respect of particular sectors, with a view to identifying major problems and evolving effective methods for dealing with them and priorities of action. The Committee also requests the Government to provide additional information on the work of the sectoral tripartite committees.

Article 11(e). Annual publication of information. With reference to its previous comments, the Committee notes the Government’s indication that efforts were made to improve the quality of information and the production of reports analysing the accident rate at the national level and by sector or branches of activity, and that regular annual presentations were made to the National Occupational Safety and Health Board (CONASSAT) and to the sectoral tripartite committees. The Committee also notes the Government’s indication that the Occupational Accidents Monitoring System, which contains information on occupational accidents, was launched as a result of the coordinated work of the Ministry of Labour and Social Security (MTSS) and the State Insurance Bank (BSE). The Committee notes that both this monitoring system and the Occupational Diseases Monitoring System are databases available on the web page of the BSE which contain detailed quarterly and annual information on, respectively, occupational accidents and occupational diseases that have been recognized under Act No. 16074, on occupational accident and disease insurance.

Articles 13 and 19(f). Protection for workers who remove themselves from work situations that present an imminent and serious danger. With reference to its previous comments, the Committee notes that the Government refers to the various provisions of Decree No. 125/014 and Decree No. 394/018, which establish the procedures for, respectively, the halting of work in the construction industry and in dock work when there is imminent and serious risk to the physical safety of one or more workers. The Committee notes that the provisions referred to by the Government specify that the procedures for halting work shall be initiated by the safety and health delegate or the workers’ representative on the safety committee, and do not protect all workers who remove themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health. Noting that the provisions referred to by the Government do not give effect to Articles 13 and 19(f) of the Convention, the Committee once again requests the Government to adopt the necessary measures to ensure that workers who believe it necessary to remove themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health are protected from undue consequences. It also requests the Government to provide information on the measures adopted in this regard.

Article 17. Collaboration between enterprises engaging in activities simultaneously at one workplace. With reference to its previous comments, the Committee notes the Government’s reference to section 108(f) of Decree No. 394/018, which regulates the content of plans for the performance of dock work in a single confined or potentially confined space where operators from more than one enterprise are present. Noting that the provisions referred to by the Government do not give full effect to Article 17 of the Convention, the Committee once again requests the Government to adopt the necessary measures to ensure that whenever two or more enterprises engage in activities simultaneously at one workplace, they shall collaborate in applying the requirements of the Convention, and that this requirement covers all workers in all branches of economic activity. It also requests the Government to provide information on the measures adopted in this regard.

Articles 19(b) and (c) and 20. Adoption of provisions at the level of the enterprise regarding the cooperation of workers’ representatives with the employer and appropriate training in the area of OSH given to workers and their representatives. The Committee recalls that section 5 of Decree No. 291/007 provides for the establishment of bipartite cooperation bodies on OSH at the enterprise level. The Committee notes that Decree No. 244/016 amended sections 5(d) and 11 of Decree No. 291/007 and added sections 5 bis and 11 bis, and that all these provisions refer to the establishment of the bipartite bodies and to their activities.

2. Occupational Health Services Convention, 1985 (No. 161)

Article 9 of the Convention. Health services in multidisciplinary work. The Committee notes that section 5 of Decree No. 127/014, as amended by section 2 of Decree No. 126/019, still specifies that occupational prevention and health services shall be multidisciplinary and that their new composition of personnel shall include at least one doctor specialized in occupational health and one other professional or specialist holding any of the following qualifications: prevention specialist, occupational health technician, prevention technician, occupational safety and health professional, or prevention technology engineer, and may also include a psychologist, nursing personnel or specialists in fields associated with occupational safety and health.

B. Protection against specific risks

1. Radiation Protection Convention, 1960 (No. 115)

Article 14 of the Convention. Discontinuation of assignment to work involving exposure to ionizing radiation contrary to qualified medical advice. The Committee notes that Decision No. 004/2018 of the National Regulatory Authority for Protection against Radiation (ARNR), of 20 August 2018, approved a new version of the UY 100 Standard issuing the basic regulations on radiation protection and safety. The Committee notes with interest that section 140 of the UY 100 Standard (Revision VIII) provides that when it is determined, by the ARNR or in the context of the health monitoring programme required by the Standard, that, for health reasons, a worker cannot continue in employment involving occupational exposure, employers shall make every reasonable effort to provide the worker with adequate substitute employment, in accordance with the legislation in force.

2. Benzene Convention, 1971 (No. 136)

The Committee notes the information provided by the Government in reply to its previous comments on Articles 7(1) (performance of work involving the use of benzene or of products containing benzene in an enclosed system) and 8(2) (the provision of adequate means of protection against the risk of inhaling benzene vapour) of the Convention.

Article 4(2) of the Convention. Prohibition of the use of benzene and of products containing benzene as a solvent or diluent. The Committee requests the Government to provide information on the measures adopted to ensure that benzene is not used as a diluent and products containing benzene are not used as a solvent or diluent.

3. Occupational Cancer Convention, 1974 (No. 139)

Article 5 of the Convention. Medical examinations. With reference to its previous comments, the Committee notes the Government’s indication that the BSE Monitoring System does not cover occupational diseases related to occupational cancer. The Committee also notes the Government’s indication that compulsory medical examinations and their frequency are provided for in Order No. 145/009 of the Ministry of Public Health on the monitoring of the health of workers exposed to occupational risk factors. The Committee notes that Order No. 145/009 does not provide for the performance of post-employment medical examinations, but the Government is working to revise the Order. The Committee requests the Government to provide information on the measures adopted to ensure that cases of occupational cancer are identified. The Committee also requests the Government to adopt measures, including as part of the ongoing revision of Order No. 145/009, to ensure that workers are provided with such medical examinations or biological or other tests or investigations, after the period of employment, as are necessary to evaluate their exposure and supervise their state of health in relation to the occupational hazards. The Committee further requests the Government to provide information on any developments in the adoption of such measures.

4. Asbestos Convention, 1986 (No. 162)

Article 6(2) of the Convention. Cooperation between employers undertaking activities simultaneously at one workplace. In this respect, the Committee requests the Government to refer to its comments on the application of Article 17 (collaboration between enterprises engaging in activities simultaneously at one workplace) of Convention No. 155.

Articles 20(2) and (3) and 21(3). Keeping of records of the monitoring of the working environment and the access of the workers, their representatives and the inspection services to these records. Obligation to inform workers in an adequate and appropriate manner of the results of their medical examinations and provide advice concerning their health. In relation to its previous comments, the Committee notes the Government’s indication that it is working to revise Order No. 145/009 on the monitoring of the health of workers exposed to occupational risk factors, with a view to updating it and expressly including the obligation to inform workers of the results of their medical examinations and provide them with advice. The Committee requests the Government to provide information on any progress made in the revision of Order No. 145/009. Furthermore, having noted the continued absence of information on this matter, the Committee once again requests the Government to provide information on the requirement for employers to keep records of the monitoring of the working environment and the workers exposed to asbestos, as well as the right of workers concerned, their representatives and the inspection services to access these records.

C. Protection in specific branches of activity

1. Safety and Health in Construction Convention, 1988 (No. 167)

Article 3 of the Convention. Consultation with the most representative organizations of employers and workers regarding measures that give effect to the provisions of the Convention. Noting the information provided by the Government, the Committee requests the Government to continue providing information on the activities undertaken by the Tripartite Occupational Safety and Health Committee for the Construction Industry.

Article 12(1). Right of workers to remove themselves from dangerous situations that pose an imminent and serious danger to their safety or health. Duty to inform their supervisor immediately. The Committee notes the Government’s indication, in relation to its previous comments, that there are no provisions guaranteeing the rights and obligations provided for in this clause of the Convention. The Committee once again requests the Government to adopt the necessary measures to ensure that the national legislation provides for the right of all workers to remove themselves from danger when they have good reason to believe that there is an imminent and serious danger to their safety or health, and the duty so to inform their supervisor immediately. The Committee requests the Government to refer to its comments on the application of Articles 13 and 19(f) (protection for workers who remove themselves from work situations that present an imminent and serious danger) of Convention No. 155.

Application in practice. The Committee notes that, according to information available in the BSE Occupational Accidents Monitoring System, in the first half of 2019, the total number of occupational accidents increased by 2.0 per cent year on year and that the sector that contributed to the largest extent to this increase was the construction industry, together with ancillary activities. In the first quarter of 2019, there were 815 employment injuries in this industry, representing an increase of 13.5 per cent compared with the first quarter of 2018. The Committee requests the Government to provide information on the reasons for the increased number of occupational accidents in the construction sector in the first quarter of 2019 in comparison with the first quarter of 2018.

2. Safety and Health in Mines Convention, 1995 (No. 176)

Article 3 of the Convention. National policy. The Committee requests the Government to provide information on the activities undertaken by the Tripartite Occupational Safety and Health Committee for the Mining Sector.

Article 4. National legislation to ensure the application of the Convention and other supplementary measures. The Committee notes the Government’s indication that the legislation has not been amended and, moreover, Decree No. 1230/43 issuing the Regulations on Mining Police and Security continues to be applied. The Committee also notes an absence of information on the status of the approval process of the draft Decree governing mining police and security (2016), provided by the Government with its previous report, which would update the Regulations on Mining Police and Security currently in force. The Committee once again requests the Government to provide information on the status of the draft Decree governing mining police and security as well as information on other measures applying the Convention that supplement the national legislation.

Article 5(2)(d). Compilation and publication of statistics. In relation to its previous comments, the Committee notes the Government’s indication that there are no records of accidents in mines and the BSE Occupational Accidents and Occupational Diseases Monitoring Systems do not contain information on the mining sector. The Committee requests the Government to adopt the necessary measures to ensure the compilation and publication of statistics on accidents, occupational diseases and dangerous occurrences.

Article 5(3). Competent persons for the manufacture, storage, transport and use of explosives and detonating devices. The Committee notes the Government’s indication, in reply to its previous comments, that the Weaponry and Supplies Service of the National Defence Ministry is the competent body with regard to the manufacture, storage, transport and use of explosives and detonating devices and the applicable regulation is Decree No. 2605/943 on explosives and weapons. The Committee notes that section 19 of this Decree provides that, in order to obtain a manufacturing permit for explosives for the detonation and detonating of explosions and regular explosives or destructive devices, a factory must be under the technical management of an industrial chemist with a qualification issued or endorsed by the University of the Republic.

Article 6. Employer’s assessment and handling of risks. Noting the absence of specific information in this respect, the Committee once again requests the Government to provide information on the measures taken to ensure that risks are assessed and dealt with by employers in the following order of priority: (a) eliminate the risk; (b) control the risk at source; (c) minimize the risk; and (d) in so far as the risk remains, provide for the use of personal protective equipment.

Article 7(c). Stability of the ground. In the absence of information in this respect, the Committee once again requests the Government to provide information on the measures taken or envisaged to guarantee that the employer ensures the stability of the ground in areas to which persons have access in the context of their work.

Article 7(i) and 8. Stoppage of work and evacuation. Specific emergency response plan. The Committee notes that section 11 of Chapter II of Title V of Decree No. 406/88 governing occupational safety and health, provides that in the event of any accidental exposure or emergency related to chemical, physical or biological agents which may have serious consequences for workers or the general public, a perfectly organized emergency plan shall be drawn up. The Committee also notes the Government’s indication that the project evaluation and inspection division of the Ministry of Industry, Energy and Mining requests, before the mining activity begins, the presentation of a safety protocol, which must indicate the measures to be taken in the event of an incident, and this protocol is monitored during the inspections conducted by the above-mentioned division. The Committee requests the Government to specify whether the above-mentioned emergency plan and/or safety protocol contain measures that guarantee the stoppage of work and the evacuation of workers to a safe location when there is serious danger to the safety and health of workers and ensure that there is an emergency response plan, specific to each mine, for reasonably foreseeable industrial and natural disasters.

Article 9(d). First aid, transportation and medical facilities. Further to its previous comments, the Committee notes that section 100 of Chapter XXIII, Title II of the Occupational Safety and Health Regulations provides that, in the event of an accident, workers must be supervised by an operator trained as a responder with a knowledge of first aid and that, nevertheless, the first measure to take in the event of an accident is to proceed without delay to a medical centre.

Article 10(a). Training programmes. The Committee notes that further to its previous comments, the Government refers to Decree No. 291/007 implementing the provisions of Convention No. 155 and Decree No. 306/005 regulating the prevention of and protection against risks arising from the chemical industry; the Government indicates that these Decrees require all enterprises to establish a cooperative body comprising workers and employers in order to promote and collaborate on planning training, which shall be consensual, and promote and maintain cooperation on occupational health, occupational safety and the working environment. The Committee requests the Government to provide information on how it ensures that workers are provided, at no cost to them, with adequate training and retraining programmes, including in the context of the training plans developed by the cooperative bodies comprising workers and employers established in enterprises pursuant to section 5 of Decree No. 291/007.

Article 10(b). Supervision and control. In its previous comments, the Committee noted that section 26 of the Regulations on Mining Police and Security provides that wherever the presence of water is suspected that may flow into the work area, it must be investigated and the supervisor must report to the mine manager on the status of the investigation before the start of each replacement shift. Noting that the Government does not provide information in this regard, the Committee once again requests the Government to provide information on the measures taken to provide for the employer’s obligation to ensure that supervision and control are provided on each shift in all cases and not only when the presence of water is suspected.

Article 12. Activities of two or more employers at the same mine. In relation to its previous comments, the Committee notes the Government’s indication that when mining activity is outsourced or there is more than one company working in a mining venture, responsibility lies with the owner of the mine, in accordance with the provisions of the Mining Code. Noting that this Code does not contain provisions giving full effect to Article 12 of the Convention, the Committee once again requests the Government to take the necessary measures to ensure that whenever two or more employers undertake activities at the same mine, the employer in charge of the mine shall coordinate the implementation of all measures relating to safety and health and shall hold the primary responsibility for the safety of the operations.

Article 13(1)(a), (b) and (e) and (2)(b), (c) and (f). Rights of workers and their representatives. Further to its previous comments, the Committee notes that the Government refers, in a general manner, to Act No. 16074 on insurance for occupational accidents and diseases, Decree No. 406/988, regulatory provisions on occupational safety and health, and Decree No. 306/005 regulating the prevention of and protection against risks arising from the chemical industry, without specifying the particular provisions of these texts that would give effect to Article 13(1)(a), (b) and (e) and (2)(b), (c) and (f) of the Convention. The Committee notes that the Government also refers to sections 4 (right of workers or their representatives to consult and make recommendations on occupational safety and health to the employer) 5, 5 bis, 11 and 11 bis (on the establishment and activities of bipartite cooperation bodies on occupational safety and health at the enterprise level) of Decree No. 291/007. Noting the absence of specific information in this regard, the Committee once again requests the Government to provide information on the legislative provisions covering the rights of workers: (i) to report accidents, dangerous incidents and hazards (Article 13(1)(a)); (ii) to request and obtain inspections and investigations (Article 13(1)(b)); and of their representatives: (iii) to participate in inspections and investigations as well as monitor and investigate safety and health matters (Article 13(2)(b)); (iv) to have recourse to advisers and independent experts (Article 13(2)c)); and (v) to receive notice (Article 13(2)(f)). The Committee also requests the Government to refer to its comments on the application of Articles 13 and 19(f) (on the protection of workers removed from imminent and serious danger) of Convention No. 155, and to provide information concerning Article 13(1)(e) of this Convention.

Article 13(4). Discrimination or retaliation. Noting that the Government refers to the provisions of section 14 of Decree No. 291/007, to which the Committee referred in its previous comment, the Committee again requests the Government to provide information on the measures taken to ensure that workers and their representatives are able to exercise the rights provided for in Article 13(1) and (2) of the Convention without discrimination or retaliation.

Article 14. Workers’ duties. In the absence of information in this regard, the Committee once again requests the Government to provide information on the measures taken to give effect to the provisions of Article 14(b), (c) and (d) of the Convention.

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

Article 4 of the Convention. National policy. The Committee takes note of the information provided by the Government on the activities of the tripartite committee on occupational safety and health in agriculture. The Committee requests the Government to continue to provide information on the activities of the above-mentioned committee.

Article 5. Inspection system. In this regard, the Committee requests the Government to refer to its comments on the application of Articles 14 and 21 (on the number of labour inspectors and inspection visits and the frequency and thoroughness of labour inspections) and Articles 26 and 27 (on the annual report on the work of the inspection services) of the Labour Inspection (Agriculture) Convention, 1969 (No. 129).

Article 6(2). Cooperation involving two or more employers, or one or more employers and one or more self-employed persons, in an agricultural workplace. Noting the absence of information in this regard, the Committee again requests the Government to provide information on the manner in which the legislation or the competent authorities fulfil the requirement that whenever in an agricultural workplace two or more employers undertake activities, or whenever one or more employers and one or more self-employed persons undertake activities, they shall cooperate in applying the safety and health requirements. The Committee also requests the Government to indicate whether the competent authority has established general procedures for such cooperation. The Committee also requests the Government to refer to its comments on the application of Article 17 (on collaboration between enterprises engaging in activities simultaneously at one workplace) of Convention No. 155.

Article 11(2). Handling and transport of materials. Prohibition on requiring or permitting the manual handling or transport of certain loads. Noting that the Government, once again, has not provided the requested information, the Committee again requests the Government to provide information on the manner in which it is ensured that workers are not required or permitted to manually handle or transport a load that, due to its weight or nature, could jeopardize their safety or health.

Article 16(2) and (3). Young workers and hazardous work. Further to its previous comments, the Committee notes the Government’s indication that the work permits for young people aged between 16 and 18 years authorized to work as farmhand, wiring assistant and horse-riding guide, were issued on an exceptional basis by the Board of Directors of the Uruguayan Institute for Children and Young Persons, and that they are monitored by the National Inspectorate for the Work of Children and Young Persons of that institute. The Government indicates that in order to obtain an exemption for an activity, a responsible person of legal age must accompany the young person throughout the working day and the young person may not perform any task considered hazardous unless accompanied by the responsible person. The Committee also notes the Government’s indication that the National Committee for the Elimination of Child Labour is working on introducing new training on certain activities for young people before they start working in those areas. The Committee requests the Government to refer to its comments on the application of Article (3)(2) (on the determination of hazardous types of work) of the Minimum Age Convention, 1973 (No. 138).

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 155 (OSH), 161 (occupational health services) and 162 (asbestos) together.

The Committee notes the observations of the Inter-Union Assembly of Workers – Workers’ National Convention (PIT-CNT) on the implementation of Convention No. 161, communicated with the Government’s report.

Occupational Safety and Health Convention, 1981 (No. 155)

Articles 4, 7 and 8 of the Convention. Formulation of a national policy and adoption of legislation on occupational safety and health, in consultation with the representative organizations of employers and workers concerned. Further to its previous comments, the Committee notes that, within the framework of Act No. 19172 on the regulation and control of cannabis, and Decree No. 120/2014, regulating that Act, Decree No. 128/016 of 2 May 2016 has been adopted, establishing the procedure for the action in relation to the consumption of alcohol, cannabis and other drugs in the workplace. The Committee welcomes the Government’s indication in its report that draft Decree No. 128/016 was approved by the National Council on Occupational Safety and Health (CONASSAT) in 2015.

The Committee notes that section 3 of Decree No. 128/016 provides that in joint health and safety bodies (created within the framework of Decree No. 291/007, which implements the provisions of the Convention), and in sectorial industrial relations bodies, systematic guidelines and procedures to detect situations in which alcohol and other drugs are being consumed shall be adopted, and actions shall be developed for consumption prevention and early detection, with a view to facilitating early intervention. The Committee also notes the Government’s indication in its report that in 2016 a sub-working group was established within CONASSAT to draw up a National OSH Policy, and continued its activities in 2017. The Committee also notes the information provided by the Government on the adoption of a series of OSH Decrees (Decrees Nos 119/017, 143/017 and 7/018) in consultation with the representative organizations of employers and workers concerned and on the preparation of a compendium of rules on OSH. The Committee requests the Government to continue providing information on the formulation of the national policy on OSH in consultation with the most representative organizations of employers and workers concerned. The Committee also requests the Government to continue providing information on all periodical reviews of the safety and health of workers and the working environment conducted within the framework of the CONASSAT.

Occupational Health Services Convention, 1985 (No. 161)

Articles 3, 4 and 6 of the Convention. Progressive development of occupational health services in consultation with the most representative employers’ and workers’ organizations. Legislation. The Committee previously noted that the second paragraph of section 16 of Decree No. 127/014, which regulates the application of the Convention in all activities, provides that, within five years of the entry into force of the Decree, all of the branches of activity shall have occupational health and prevention services.

The Committee notes the PIT-CNT’s indication in its observations that the time limits established by Decree No. 127/014 have now passed, and compliance with the Decree has been very limited, as the great majority of companies have not established occupational health services. In this respect, the Committee notes that Decree No. 127/014 has been amended by Decree No. 126/019, of 6 May 2019, which was agreed in CONASSAT. The Committee notes, in particular, that section 1 of Decree No. 126/019 sets aside the time limit envisaged in section 16(2) of Decree No. 127/014 and, consequently, provides that: (i) occupational health and prevention services shall be established in companies and institutions with more than 300 workers, irrespective of their area of activity or nature; (ii) this requirement shall be gradually extended to include companies with between 50 and 300 workers, in accordance with the list of branches and activity sectors that CONASSAT will submit to the executive; and (iii) all companies and institutions with more than five workers, irrespective of the nature of their activity, shall set up occupational health and prevention services within a maximum of 18 months from the entry into force of Decree No. 126/019. The Committee also notes that section 3 of the Decree specifies that all of the companies and institutions covered by the requirement to have occupational health and prevention services shall have 180 days from the entry into force of the Decree on the expiry of the corresponding deadline to complete the establishment of such services.

The Committee notes the Government’s indication that, irrespective of the number of workers, occupational health services are currently compulsory in the chemicals, drug, pharmaceutical, fossil fuel and allied industries (pursuant to Decree No. 128/014, as amended by Decree No. 109/017 of 24 April 2017); in collective healthcare institutions, medical mutuals and cooperatives (under Decree No. 197/014, of 16 July 2014); in the dairy and non-alcoholic drinks, beer and malted barley industries, which form part of the group of activities relating to the processing and preservation of food, drinks and tobacco (pursuant to Decree No. 242/018, of 6 August 2018); in activities deemed to be dock work (under section 15 of Decree No. 394/018, of 26 November 2018) and, finally, in some activities in the refrigeration and metal products, machinery and equipment industries (pursuant to Decree No. 127/019 of 6 May 2019). The Committee requests the Government to continue providing information on the progress made in the establishment of occupational health services for all workers in all branches of economic activity and in all companies. In particular, the Committee requests the Government to provide information on the gradual extension to companies with between 50 and 300 workers of the requirement to have occupational health and prevention services, including the Decrees adopted to extend the requirement, as well as on the inclusion of companies with between five and 50 workers.

Asbestos Convention, 1986 (No. 162)

Articles 3(1) and 5 of the Convention. Measures for the prevention and control of, and protection of workers against health hazards due to occupational exposure to asbestos. Inspection system and sanctions. The Committee previously noted that Decree No. 154/002 prohibits the manufacture, import and marketing of asbestos and requested the Government to provide information on the inspections conducted to control the prohibition of asbestos. In this respect, the Committee notes the Government’s indication that: (i) inspections and controls relating to asbestos are conducted by the Environmental Working Conditions Division (CAT) of the General Labour and Social Security Inspectorate of the Ministry of Labour and Social Security, the Hazard Management Unit of the State Insurance Bank and the Ministry of Public Health; (ii) training for the personnel of the General Labour Inspectorate enables them to identify specific cases of exposure to asbestos; (iii) if the CAT detects the presence of asbestos in inspected workplaces, it shall immediately order the corresponding preventive measures, the removal of the carcinogenic product and the monitoring of the workers’ health, and may even order closures in the event of non-compliance; and, (iv) either the General Labour Inspectorate or the Ministry of Public Health shall impose sanctions for failure to comply with the prohibition of the manufacture and marketing of products containing asbestos, while the National Directorate of the Environment, of the Ministry of Housing, Land Management and the Environment shall impose sanctions for failure to comply with the prohibition of marketing waste containing asbestos.

Article 17. Demolition of plants or structures containing asbestos and removal of asbestos. Preparation of a work plan in consultation with the workers or their representatives. Noting that no information has been provided in this respect, the Committee once again requests the Government to adopt the necessary measures to ensure that: (i) the demolition of plants or structures containing friable asbestos insulation materials, and the removal of asbestos from buildings or structures in which asbestos is liable to become airborne, are undertaken only by employers or contractors recognized by the competent authority as qualified to carry out such work; and (ii) employers or contractors shall draw up a work plan before commencing demolition work, in consultation with the workers or their representatives.

Article 19. Removal of waste containing asbestos. In reply to its previous comments, the Committee notes the Government’s references to section 21 of Act No. 17283 on environmental protection, as amended in 2019, which provides, firstly, that it is in the general interest to protect the environment against any effects that may derive from the production, handling and any waste management operations and their elements, whatever their type and throughout their life cycle and, secondly, that the Ministry of Housing, Land Management and the Environment shall issue and apply the necessary measures to regulate the management of waste, of whatever type, including the production, collection, transport, storage, marketing, recycling and other forms of recovery, treatment and final disposal. The Committee notes that the Government has provided information on the Hazardous Waste Removal Guide, which was drawn up with the aim of training municipal personnel in the management of such waste, including asbestos, and the indication that there is a list of registered operators authorized to handle, transport, destroy and dispose of waste, including hazardous waste. The Committee requests the Government to provide information on the measures taken to ensure that: (i) employers are required to remove waste containing asbestos in such a manner that it does not present a risk to the health of the workers concerned, including those handling asbestos waste, or the population living in the vicinity of the company; and (ii) the competent authority and the employers are required to adopt appropriate measures to prevent pollution of the general environment by asbestos dust released from workplaces.

Article 22(2). Establishment by employers of written policies and procedures on measures for the education and periodic training of workers on asbestos hazards. Noting that information has not been provided in this respect, the Committee once again requests the Government to adopt the necessary measures to ensure that employers establish written policies and procedures on measures for the education and periodic training of workers on asbestos hazards and methods of prevention and control.

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 (OSH), the Committee considers it appropriate to examine Conventions Nos 162 (asbestos) and 176 (safety and health in mines) together.

Asbestos Convention, 1986 (No. 162)

Article 6(2). Cooperation between employers undertaking activities simultaneously at one workplace. The Committee recalls its last comments on the application of the Occupational Safety and Health Convention, 1981 (No. 155), and the Safety and Health in Construction Convention, 1988 (No. 167), in which it noted the existence of subsidiary liability of contractors, and joint liability in case of default of the labour obligations of the main contractor, as well as the regulations in sections 266 and 267 of Decree No. 125/014 concerning safety and health in construction, which provide for cooperation in overlapping and/or shared work activities of employers. In this respect, the Committee refers to the comments that it adopted in 2014 made under Article 17 of Convention No. 155 concerning Article 17 (collaboration whenever two or more undertakings engage in activities simultaneously at one workplace).

Article 13. Requirement for employers to notify the competent authority of the types of work involving exposure to asbestos. The Committee notes the Government’s reference to Decree No. 183/892 of 1982 on the prevention and control of occupational risks caused by carcinogenic substances or agents. The Committee notes that section 8 of this Decree requires employers to notify the use of carcinogenic substances and agents to the Ministry of Labour and Social Security, and that pursuant to section 10, the Ministry may, upon request, authorize work that is compatible with the health of workers (such as in the event of minimal exposition to carcinogens). The Committee also notes the Government’s reference to public controls concerning the management of risks in workplaces, and the required notification of the Ministry of Labour and Social Security in case carcinogenic substances and agents are detected. The Committee takes note of this information.

Articles 20(2) and (3) and 21(3). Keeping of records of the monitoring of the working environment and adequate information to workers on the results of their medical examinations. The Committee notes the Government’s indication that the medical surveillance of workers exposed to asbestos is covered by Ordinance No. 145/2009 of the Ministry of Health on health monitoring of workers exposed to occupational risk factors, and that Decree No. 406/88 on the prevention of occupational accidents requires that workers exposed to risk factors, whether they are chemical, physical, biological or ergonomical, have to undergo medical examinations. The Committee also notes the Government’s indication that, at the request of enterprises, the medical service of the State Insurance Fund can produce a special x-ray containing radiographic images and a medical report. The Committee once again requests the Government to provide information on the requirement of employers to keep records of the monitoring of the working environment and the workers exposed to asbestos, as well as the right of workers concerned, their representatives and the inspection services to access these records. It also once again requests the Government to provide information on the requirement to inform workers, in an adequate and appropriate manner, of the results of their medical examinations, as well as individual advice concerning their health in relation to their work.

Safety and Health in Mines Convention, 1995 (No. 176)

The Committee notes the Government’s first report.

Article 3 of the Convention. National policy. The Committee notes the Government’s indication in its report of the creation of the National Occupational Safety and Health Council (CONASSAT) to develop a National Occupational Safety and Health Policy (SST), which will include the mining sector. The Committee requests the Government to provide information on the development of the National Occupational Safety and Health Policy and, in particular, on the measures relating to safety and health in mines provided for in the policy. The Committee also requests the Government to provide information on the most representative employers’ and workers’ organizations consulted, and the outcome of those consultations.

Article 4. National legislation to ensure application of the Convention and other supplementary measures. The Committee notes Decree No. 1230/43 of 30 September 1946, the Regulations on Mining Police and Security, which, according to the information on the website of the Ministry of Industry, Energy and Mining, appear to remain in force. The Committee also notes that along with its report the Government has transmitted a draft decree on the Regulations on Mining Police and Security (2016), updating the regulations in force. The Committee also notes the Government’s information that no specific technical guidelines currently exist on occupational safety and health in mines. The Committee requests the Government to provide: (i) a list of the provisions in force relating to safety and health in mines; (ii) information on the current status of the draft Regulations on Mining Police and Security (2016); and (iii) information on other measures supplementing national legislation.

Article 5(2)(d). Compilation and publication of statistics. The Committee notes that section 12 of the Regulations on Mining Police and Security requires that the General Inspectorate draft a report on all noteworthy information of the service, recording data that is useful and necessary for the formulation of statistics. However, the Committee notes that there is no specific mention of the compilation and publication of statistics relating to accidents, dangerous occurrences and disasters, and that the Labour Inspectorate’s annual report does not include statistics from the mining sector either. The Committee requests the Government to provide information on the measures taken to ensure that the legislation includes provisions on the compilation and publication of statistics on accidents, occupational diseases and dangerous occurrences.

Article 5(3). Competent persons for the manufacture, storage, transport and use of explosives and initiating devices. The Committee notes that sections 69, 77 and 79 of the Regulations on Mining Police and Security provide for the storage, transport and use of hazardous substances to be carried out by competent persons. The Committee requests the Government to provide information on the measures taken to ensure that the manufacture of hazardous substances is also carried out by competent persons.

Article 6. Employer’s assessment and handling of the risk. The Committee notes that the Government refers to Decree No. 291/007, Regulations on the Occupational Safety and Health Convention, 1981 (No. 155). The Committee notes that, while under section 2 of this Decree employers are bound to guarantee the safety and health of all workers in all aspects related to work, the Decree does not refer to the employer’s obligation regarding assessing and dealing with risks. The Committee requests the Government to provide information on the measures taken to ensure that risks are assessed and dealt with by employers in the following priority order: (a) eliminate the risk; (b) control the risk at source; (c) minimize the risk; and (d) in so far as the risk remains, provide for the use of personal protective equipment.

Article 7(c). Stability of the ground. The Committee requests the Government to provide information on the measures taken or envisaged to guarantee that the employer ensures the stability of the ground in areas to which persons have access in the context of their work.

Article 7(i). Stoppage of work and evacuation. The Committee requests the Government to take measures to guarantee that employers ensure that when there is serious danger to the safety and health of workers, operations are stopped and workers are evacuated to a safe location.

Article 8. Specific emergency response plan. The Committee notes that sections 30 and 31 of the Regulations on Mining Police and Security set out various actions to carry out in cases of emergency. It also notes section 4 of Decree No. 127/014 which provides for the prevention unit attached to an enterprise to develop emergency and contingency plans and programmes in the event of a disaster within the enterprise. It also notes that the draft Regulations on Mining Police and Security require employers to, inter alia, formulate an evacuation procedure for mine personnel. The Committee requests the Government to take the necessary measures to ensure that employers are obliged to prepare an emergency response plan, specific to each mine, for reasonably foreseeable industrial and natural disasters, including through the adoption of the draft Regulations on Mining Police and Security.

Article 9(d). First aid, transportation and medical facilities. The Committee notes section 32 of the Regulations on Mining Police and Security which stipulates that operators are obliged to have the means to provide prompt assistance to the wounded, and staff trained in the use of life-saving equipment, which shall be periodically checked to ensure it is in good condition. The Committee requests the Government to provide information on the measures taken to guarantee workers who have suffered from an injury or illness, appropriate transportation from the workplace and access to appropriate medical facilities.

Article 10(a). Training programmes. The Committee notes that section 17 of the Regulations on Mining Police and Security provides that all Mines Directorates must adopt rules of procedure with instructions concerning safety and health. The Committee requests the Government to supply information on the measures taken to also provide for the employer’s obligation to ensure that workers are offered adequate training and retraining programmes, at no cost to them, in conformity with Article 10(a) of the Convention.

Article 10(b). Supervision and control. The Committee notes that section 26 of the Regulations on Mining Police and Security provides that where the presence of water is suspected that may flow into the work area, it must be investigated and the supervisor must report to the mine foreman before each replacement starts his shift. The Committee requests the Government to provide information on the measures taken to provide for the employer’s obligation to ensure that supervision and control are provided on each shift in all cases and not only when the presence of water is suspected.

Article 12. Activities of two or more employers at the same mine. The Committee notes the Government’s reference to Act No. 18.099 (on private activities; social security; occupational accident insurance and joint responsibility) and Act No. 18.251 (on labour outsourcing; joint responsibility). These Acts, however, do not cover the measures set forth in this Article. The Committee requests the Government to provide information on the measures taken to ensure that whenever two or more employers undertake activities at the same mine, the employer in charge of the mine shall coordinate the implementation of all measures concerning safety and health and shall hold the primary responsibility for the safety of the operations.

Article 13(1)(a), (b) and (e), and (2)(b), (c) and (f). Rights of workers and their representatives. The Committee notes the Government’s indication that the legislation gives effect to paragraphs (1) and (2) of Article 13, without providing more specific information. The Committee notes that Decree No. 291/014, and Decree No. 291/007 give effect to paragraph (1)(c), (d) and (f) and paragraph 2(a), (d) and (e). The Committee requests the Government to provide information on the legislative provisions that recognize the rights: (i) of workers: to report accidents, dangerous occurrences and hazards (paragraph (1)(a)); (ii) to request and obtain inspections and investigations (paragraph (1)(b)); (iii) of their representatives: to participate in inspections and investigations as well as monitor and investigate safety and health matters (paragraph (2)(b)); (iv) to have recourse to advisers and independent experts (paragraph (2)c)); and (v) to receive notice (paragraph (2)(f)). The Committee also requests the Government to refer to Articles 13 and 19(f) of its comment on the application of the Occupational Safety and Health Convention, 1981 (No. 155), and to also provide information concerning Article 13(1)(e) of this Convention.

Article 13(4). Discrimination or retaliation. The Committee notes that section 14 of Decree No. 291/007, referred to in the Government’s report, sets out that the occupational safety and health policy for the application of Convention No. 155 aims to protect workers and their representatives against any disciplinary measure resulting from actions justifiably undertaken by them, and that the national policy on occupational safety and health, which will include the mining sector, is being developed. The Committee requests the Government to provide information on the measures taken to ensure that workers and their representatives are protected against any form of discrimination and retaliation for exercising the rights provided in paragraphs (1) and (2) of this Article.

Article 14. Workers’ duties. The Committee notes that section 17 of the Regulations on Mining Police and Security stipulates that the order of safety procedures for each mine, and the obligations and responsibilities of staff in this respect are set out in the internal rules of procedure, which all staff are obliged to follow. Despite this rule, there is no reference to workers’ obligations with regard to their training, provided for under Article 14, namely: to take reasonable care for their own safety and health and that of other persons who may be affected by their acts or omissions at work, including the proper care and use of protective clothing, facilities and equipment placed at their disposal for this purpose (Article 14(b)); to report forthwith to their immediate supervisor any situation which they believe could present a risk to their safety or health or that of other persons, and which they cannot properly deal with themselves (Article 14(c)); and to cooperate with the employer to achieve compliance with the duties and responsibilities placed on the employer pursuant to the Convention (Article 14(d)). The Committee requests the Government to provide information on the measures taken to ensure compliance with these provisions.

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

The Committee notes the observations made by the Inter-Union Assembly of Workers–Workers’ National Convention (PIT–CNT) transmitted by the Government.

Articles 3 and 5 of the Convention. Measures for the prevention and control of, and protection of workers against, health hazards due to occupational exposure to asbestos. Effective enforcement. In its previous comment, the Committee noted with regret, that although Decree No. 154/002 of 2002 prohibits the manufacture, import and commercialization of asbestos, the Government had still not given full effect to most of the provisions of the Convention. In response to this comment, the Committee notes the Government’s reference in its report to Decree No. 125/014 of 2014 concerning safety and health in construction, which the Committee observes provides for preventive measures in that sector, but makes no specific reference to asbestos. The Committee also notes the observations made by the PIT–CNT that in practice, the application of Decree No. 154/002 is not sufficiently ensured through effective controls, for instance in the reparation or substitution of the insulation of roofs. The Committee once again requests the Government to adopt the necessary measures to give full effect to the Convention, as regards the issues raised in its direct request concerning Articles 20(2) and (3) and 21(3) and below concerning the issues raised under Articles 17, 19, and 22(2). It also requests the Government to provide information on the inspections undertaken to control the prohibition of asbestos, as well as measures taken to ensure the protection of all workers who may be exposed to asbestos in the course of work, including measures taken concerning workers engaged in roofing and insulation work.

Article 17. Demolition of plants and structures containing asbestos and removal of asbestos. The Committee notes that while Chapter VII of Decree No. 125/014 concerning safety and health in construction provides for safety and health requirements with regard to demolition work, it does not contain any provisions specifically referring to asbestos. The Committee requests the Government to take the necessary measures to ensure that the demolition of plants or structures containing friable asbestos insulation materials, and removal of asbestos from buildings or structures in which asbestos is liable to become airborne, are undertaken only by employers or contractors who are recognized by the competent authority as qualified to carry out such work. The Committee also requests the Government to ensure that employers or contractors shall be required to draw up a workplan before undertaking such specific demolition work, in consultation with workers or their representatives.

Article 19. Handling of asbestos waste. As the Government has once again not provided a reply on this point, the Committee requests the Government to take the necessary measures to ensure that employers shall dispose of waste containing asbestos in a manner that does not pose a health risk to the workers concerned, including those handling asbestos waste, or to the population in the vicinity of the enterprise. It also requests the Government to ensure that appropriate measures are taken by the competent authority and by employers to prevent pollution of the general environment by asbestos dust released from the workplace.

Article 22(2). Requirement for employers to establish written policies and procedures for the education and periodic training of workers on hazards due to asbestos. The Committee notes that Decree No. 125/014 concerning safety and health in construction provides, among other things, for the obligation of employers to train workers on the existing risks in workplaces in construction and on the necessary preventive measures, without making specific reference to asbestos. The Committee once again requests the Government to take the necessary measures to give full effect to Article 22(2) of the Convention by ensuring that employers have established written policies and procedures on measures for the education and periodic training of workers on asbestos hazards and methods of prevention and control.

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

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Referring to its observation, the Committee wishes to raise the following additional points.

Article 3 of the Convention. Progressive establishment of health services for all workers. Plans for the establishment of health services. The Committee notes that, pursuant to section 3 of Decree No. 127/014 which implements the Convention in all sectors of activity, the Decree establishes the compulsory minimum conditions for the implementation of occupational prevention and health services in all sectors of activity, whether they are commercial, industrial, rural or service activities, and whether or not they are carried out for profit. The executive shall progressively determine the activities to which the Decree will apply, when it has obtained the views of the National Occupational Safety and Health Council (CONASSAT). The Committee requests the Government to provide information on all sectors of activity to which Decree No. 128/014, regulating the application of the Convention in the chemical industry, will apply.

The Committee notes that the effect given by Decrees Nos 127/014 and 128/014 to Articles 5, 8, 9, 12, 13, 14 and 15 of the Convention. The Committee requests the Government to provide information on their application in practice.

Application of the Convention in practice. The Committee requests the Government to provide general information on the application in practice of the Convention in the next reporting period, and on the number of workers and sectors of activity in which the health services envisaged in the Convention have been implemented.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 3(2) of the Convention. Periodical revision of the legislation in the light of technical progress and advances in scientific knowledge. For several years, the Committee has been requesting the Government to adopt legislative measures that give full effect to the Convention as, although Decree No. 154/002 of 2 May 2002 prohibits asbestos in certain cases, it does not give full effect to most of the provisions of the Convention, which are indicated below. The Committee notes with regret the Government’s indications that legislation has still not been adopted to give full effect to the Convention. The Government indicates that the issue falls within the scope of the Tripartite Committee on the Construction Industry, and that while other matters have been addressed which needed to be updated, the issue of asbestos will be studied and very probably addressed strictly within this tripartite body in view of the danger that it poses to the health of workers. The Government adds that, as the issue of asbestos is to be addressed by the Tripartite Committee on the Construction Industry, all of the stakeholders in the construction industry will determine, by consensus, whether the provisions should be adopted. The Committee observes that, although Article 4 of the Convention provides that the competent authority shall consult the most representative employers’ and workers’ organizations concerned with regard to the measures to be adopted to give effect to the provisions of this Convention, the responsibility for adopting such measures rests with the Government. The Committee therefore requests the Government to adopt the necessary measures to give full effect to the Convention and to provide information on the subject.

Article 6(2). Cooperation between employers undertaking activities simultaneously at one workplace. With reference to its previous comments, the Committee once again requests the Government to take the necessary measures to establish the requirement for employers to cooperate in the application of the prescribed measures when undertaking activities simultaneously at one workplace, and the establishment by the Government of the general procedures for such cooperation, and to provide information on this subject.

Article 11. Prohibition of crocidolite. Article 12. Prohibition of the spraying of all forms of asbestos. The Committee notes the information provided by the Government. It notes, however, that the Government does not indicate which provisions specifically prohibit crocidolite and the spraying of all forms of asbestos in conformity with the Convention. The Committee once again requests the Government to adopt the necessary measures to give legislative expression to this Article of the Convention, and to provide information on this subject.

Article 13. Requirement for employers to notify the competent authority of the types of work involving exposure to asbestos. Article 17. Demolition of plants and structures containing asbestos. Article 19. Handling of asbestos waste. Article 20(2) and (3). Keeping of records of the monitoring of the working environment. Article 21(3). Adequate information to workers on the results of their medical examinations. Article 22(2). Requirement for employers to establish written policies and procedures for the education and periodic training of workers on hazards due to asbestos. The Committee notes that the Government has not provided the information requested. The Committee therefore urges the Government to take the necessary measures to give effect to these provisions of the Convention, and to provide information on this subject.

[The Government is asked to reply in detail to the present comments in 2016.]

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Referring to its observation, the Committee wishes to raise the following additional points.

Article 7 of the Convention. Periodic reviews. The Committee notes the information provided by the Government on the activities of the Tripartite Committee on the Chemical Industry and the Tripartite Committee on the Dock Sector. The Committee requests the Government to continue supplying information on any periodic review undertaken in the context of the sectoral tripartite committees or the National Occupational Safety and Health Board.

Article 11(e). Annual publication of reports. In its previous comments the Committee noted that the National Occupational Safety and Health Board was about to review the situation regarding statistical information on occupational accidents and that it would attach a copy of the first document produced, bearing in mind the ongoing difficulties due to incomplete information. Nevertheless, the Committee notes that the aforementioned report has not been attached. Furthermore, according to the observations from the International Organisation of Employers (IOE), the Chamber of Industries of Uruguay (CIU), and the National Chamber of Commerce and Services of Uruguay (CNCS), which the Committee noted in its observation, the Government does not disseminate statistics on occupational accidents, which hampers the formulation and implementation of national occupational safety and health (OSH) policies. The Committee requests the Government to continue making efforts to give effect to Article 11(e), and to supply information on progress made in this respect.

Articles 13 and 19(f). Protection for workers who remove themselves from work situations involving an imminent and serious danger. The Committee notes the Government’s statement that, in practice, stoppages occur in the construction industry in the event of imminent danger to physical safety. The Government indicates that this was the case during plant construction for the ex-Botnia company, before the Convention was in force, and since then improvements have been made in other enterprises, culminating in a specific procedure which was incorporated into section 408 of Decree No. 125/2014 governing the construction industry. The Committee refers to its comments for this year on the application of the Safety and Health in Construction Convention, 1988 (No. 167). It also draws the Government’s attention to paragraph 145 ff. of its General Survey of 2009. The Committee therefore requests the Government to take the necessary steps to ensure that any worker who has removed himself from a work situation which he has reasonable justification to believe presents an imminent and serious danger to his life or health is protected from undue consequences, and to provide information in this respect.

Article 17. Obligation of collaboration whenever two or more undertakings engage in activities simultaneously at one workplace. The Committee notes the information supplied by the Government on the construction sector, and refers to its comments on the application of Convention No. 167. The Committee requests the Government to take the necessary measures to establish the duty to collaborate provided for in this Article in such a way that it covers all workers in all branches of economic activity, and to provide information in this respect.

Article 18. Measures to deal with emergencies. The Committee notes the Government’s indication that, in general, undertakings are equipped with services to deal with medical emergencies. It notes the Government’s reference to Decree No. 330/009 concerning the obligation to install automated external defibrillators in workplaces. In view of the fact that this Article also covers measures to respond to emergencies, including planning, evacuation and firefighting procedures, and also coordination with the emergency services, the Committee requests the Government to provide information in this respect.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Legislation. Articles 2 and 4 of the Convention. Formulation, implementation and periodic review of a coherent national policy on occupational health services, in consultation with the most representative employers’ and workers’ organizations. The Committee notes with satisfaction the adoption of Decrees Nos 127/014 and 128/014 of 13 May 2014, which regulate the application of the Convention, the former in all activities and the latter in the chemical industry, and which give effect to most of the provisions of the Convention. These Decrees were adopted in the context of tripartite social dialogue. Decree No. 127/014 was examined in the National Occupational Safety and Health Council (CONASSAT) in consultation with the employers’ and workers’ organizations that are members of the Council, and Decree No. 128/014 was also discussed in the CONASSAT and consultations were held with the Union of Chemical Industry Workers (STIQ), the Inter-Union Assembly of Workers–Workers’ National Convention (PIT–CNT), the Uruguayan Association of Chemical Industries (ASIQUR) and the Chamber of Industries of Uruguay (CIU). Section 5 of both Decrees sets forth the manner in which the services are to be established in small and medium-sized and large enterprises, while section 16(2) of Decree No. 127/014 provides that, within five years of its entry into force, all branches of activity will have occupational prevention and health services. The Committee requests the Government to provide information on the progress achieved in establishing health services for all workers.

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

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes the joint observations from the International Organisation of Employers (IOE), the Chamber of Industries of Uruguay (CIU), and the National Chamber of Commerce and Services of Uruguay (CNCS) received on 1 September 2014. It also notes the Government’s reply, which was received on 31 October 2014.

Articles 4, 8 and 11(e) of the Convention. Legislation relating to the national occupational safety and health (OSH) policy, in consultation with the representative organizations of employers and workers concerned. The Committee notes that the IOE, the CIU and the CNCS refer to the adoption of Act No. 19196 of March 2014, establishing criminal liability for employers in the event of non-compliance with OSH standards, and Decree No. 120/2014, implementing Act No. 19172 of 7 January 2014 concerning the control and regulation of the importation, production, purchase, supply, marketing and distribution of marijuana and its derivatives. The employers’ organizations indicate that neither Act No. 19196 nor Decree No. 120/2014 were the subject of consultation in the National Occupational Safety and Health Board (CONASSAT) or in any other tripartite bodies. They state that even though the employers gave their opinion on Act No. 19196 in the parliamentary context, the Act was introduced with a total lack of statistics on occupational accidents and without forming part of a coherent national policy on OSH. As regards Decree No. 120/2014 concerning cannabis, the IOE, the CIU and the CNCS say that the Decree was adopted without consultation despite containing a labour-related component, and assert that the application of this legislative text in practice seriously obstructs the employer’s authority to manage a situation involving a worker under the influence of cannabis.

In its comments on the observations referred to above, the Government indicates that tripartism is part of OSH policies and practices, with more than 18 sectoral (branch) tripartite committees in operation, in accordance with the Convention. The Government adds that the recent decree on safety in the construction industry was the subject of in-depth tripartite negotiations and in the end the executive authority approved all agreements reached, except for two minor points. As regards the observations on the adoption of Act No. 19196 concerning criminal liability on the part of the employer, the Government declares that since the adoption involved the submission of draft legislation to Parliament, the employers and their organizations had various opportunities to be present at meetings of the Labour Affairs Committee and Social Security Committee of the Senate of the Republic and those of the Labour Legislation Committee of the Chamber of Representatives. Their views were also heard in the relevant circles of the Ministry of Labour and Social Security. To date, several months after the Act’s entry into force, there have been no court cases involving any employers, which shows clearly that the Act strikes a balance and that judges apply it according to rigorous criteria, without undermining the principles of personal freedom and safety. Regarding Decree No. 120/2014 concerning cannabis, the Government indicates that account must be taken of the key significance of drug addiction in Uruguay and the role played by the Government, which places it at the forefront of action against drug trafficking in alternative ways to those which had previously failed. The Government states that the communication from the employers’ organizations does not clearly identify the object of their criticism, merely stating that an employer’s disciplinary powers are limited, and that the employers are surely referring to a legal provision which allows the employer to remove the worker from the workplace if the latter is under the influence of cannabis, without the regulations inclining towards penalizing the worker. The Government affirms that this is because the worker, being considered to be in a state of addiction, does not have the free will that would be necessary to incur any penalties, and it is a matter of protecting the worker’s health and that of his/her work colleagues.

As regards Act No. 19196, the Committee notes that both the Government and the employers’ organizations agree that consultations were held in Parliament. The Committee also notes that Decree No. 120/2014 comprises 104 sections and just one of them (section 42) refers to labour matters. Under the aforementioned section, the use of cannabis is prohibited throughout the time that the worker is under the employer’s orders, and the worker is also prohibited from working after using cannabis; workplace controls are established which can be ordered by the employer with notification of the bipartite OSH board; and if a control establishes the presence of tetrahydrocannabinol (THC) in the worker’s body, the worker must stop work and, if ordered to do so by the employer, leave the workplace. Referring to Articles 4, 7 and 8 of the Convention, the Committee notes that, even though the Convention does not stipulate that the required consultations must be held in the context of a tripartite body, the fact of holding consultations in the context of any such existent bodies, for example CONASSAT, would facilitate social dialogue and contribute towards greater coherence in the national OSH policy. The Committee therefore considers that any problems arising from the application in practice of Act No. 19196 and Decree No. 120/2014 that relate to the national OSH policy should be examined in consultation with the most representative organizations of employers and workers concerned and, if possible, in the context of CONASSAT. The Committee requests the Government to provide information on any consultations held in this respect and the outcome thereof.

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

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Referring to its observation, the Committee requests additional information on the following questions.

Article 7 of the Convention. Periodic reviews. The Committee refers to the information on the activities of the various sectoral tripartite committees which it noted in its observation and which give effect in practice to this provision of the Convention. The Committee requests the Government to continue to supply information on any periodic review undertaken in the context of the sectoral tripartite committees or the National Council on Occupational Safety and Health.

Article 11(d). Inquiries in the event of accidents. Article 11(e). Publication of annual reports. The Committee notes that effect is given to Article 11(d) in the current legal framework. As regards Article 11(e), the Committee notes the information indicated by the Government concerning efforts to implement the collection of statistics at national level, as referred to in its observation. The Committee requests the Government to continue to supply information on the progress made in this respect.

Articles 13 and 19(f). Protection for workers who remove themselves from work situations involving an imminent and serious danger. The Committee notes the Government’s indication that consideration will be given in future to draft legislation to provide protection for workers who are active in occupational safety and health of a similar nature to the protection provided for trade union officials. The Committee points out to the Government that its statement refers to Article 5(e) of the Convention and not to Articles 13 and 19(f). In fact, as the Committee already indicated in paragraph 73 of its General Survey concerning the application of the Convention, Article 5(e) of the Convention refers to the protection of workers and their representatives against any disciplinary measure resulting from justifiable action taken by them in line with national policy, as referred to by Article 4. This provision relates in turn to the more specific protection laid down in Article 13 and Article 19(f) of the Convention referring to protection, albeit more specific, connected to actions responding to a serious and imminent danger. The Committee also recalls that, under Article 13, in line with national law and practice, any worker who has removed himself from a work situation which he has reasonable justification to believe presents an imminent and serious danger to his life or health shall be protected from undue consequences. Article 19(f) complements this Article. The Committee refers the Government to paragraph 145 et seq. of the General Survey. The Committee therefore requests the Government to take the necessary measures to give effect to this Article of the Convention, to ensure its application in practice and to supply information on this matter. The Committee also requests the Government to supply information on the effect given to Article 5(e) of the Convention.

Article 17. Obligation of collaboration whenever two or more undertakings engage in activities simultaneously at one workplace. The Committee notes the Government’s indication that its legal framework determines the concept of subsidiarity in this sphere. The Committee indicates that this Article goes beyond subsidiary responsibility in the event of a complaint or infringement since it also requires proactive initiatives on the part of undertakings, establishing the duty to collaborate in the application of the measures laid down in the present Convention wherever two or more undertakings engage in activities simultaneously at one workplace. The Committee also refers to Paragraph 11 of the Occupational Safety and Health Recommendation, 1981 (No. 164), according to which, whenever two or more undertakings engage in activities simultaneously at one workplace, they must collaborate in the application of measures relating to the health and safety of workers and the working environment, without prejudice to the responsibility of each undertaking for the health and safety of its own workers. Whenever appropriate, the competent authority or authorities should prescribe the general arrangements for such collaboration. The Committee requests the Government to take the necessary legislative or regulatory measures to give effect to this Article of the Convention and to supply information in this regard.

Article 18. Measures to deal with emergencies. The Committee notes the Government’s statement that, in general, enterprises provide emergency medical services. The Committee indicates that this Article of the Convention establishes the obligation for employers to take measures, where necessary, to deal with emergency situations and accidents, including adequate measures for the administration of first aid. The Committee requests the Government to take the necessary legislative or regulatory measures to ensure that effect is given to this Article of the Convention and to provide information in this regard.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 2 of the Convention. Formulation, implementation and periodic review of a coherent national policy on occupational health services, in consultation with the most representative employers’ and workers’ organizations. With reference to its previous comments, the Committee notes the Government’s statement that the National Occupational Safety and Health Council (CONASSAT) has been working for a long time on regulations to apply the present Convention. A draft was drawn up in the 1990s but did not bear fruit because of a lack of tripartite consensus. The necessary consensus has now been found to launch a real process with a view to the application of the Convention, in a way which does not entail added costs for enterprises, especially because most enterprises in the country are small or medium-sized. A commission is working on the draft with a view to submitting it to CONASSAT, which has already adopted a favourable position in this respect. The Government emphasizes that the current regulatory work implies the organization of occupational health services as part of the health reforms recently initiated in Uruguay, which were duly notified to the Office, and indicates the relevant legislation adopted between 2005 and 2009. On examining the application of various occupational safety and health Conventions by Uruguay, the Committee notes the adoption of legislation that gives effect to those Conventions; and that this was drawn up on a tripartite basis and tripartite supervisory bodies were also set up. The Government has also sent a draft copy of a generic occupational safety and health policy, which was drawn up under the auspices of the Social Security Bank in November 2006 and contains a chapter on occupational health services. The Committee requests the Government to ensure, prior to the adoption of the aforementioned draft, that effect is given to the provisions of the present Convention and to continue to provide information on any further developments in this respect. Furthermore, reaffirming that the national policy to which this Article refers basically implies a constant dynamic of ongoing improvement, based on the evaluation of the application of national policy, the Committee requests the Government to send information on the manner and frequency of the revision of national policy, the results of such evaluation and the spheres of action identified for making future improvements.

Article 3. Progressive establishment of health services for all workers. Plans for the establishment of health services. With reference to its previous comments, the Committee notes that the Government again refers to the draft generic occupational safety and health policy, of which it sent a copy, which includes a chapter on occupational health services and indicates that the draft aims for the universal implementation of such services. The Committee welcomes this information and also notes that the Government has not provided any information for a number of years on the effective application of this Article and reminds it that, since this is a ratified Convention, the Government has the obligation to give effect to the provisions of the Convention and provide information in this respect. The Committee therefore again requests the Government to supply information on occupational health services actually operating during the next reporting period, in the public and private sectors and in cooperatives, and on the plans to establish such services in sectors where they do not exist, clearly indicating the sectors concerned.

Article 5. Occupational health services. Adequate and appropriate functions with respect to the occupational risks of the undertaking. With reference to its previous comments, the Committee notes the Government’s indication, as in the previous paragraph, that it is unable to supply information because legislation to give effect to the Convention is being drawn up. The Committee requests the Government to provide information on the effect given to each paragraph of the present Article during the next reporting period.

Articles 8, 9, 12, 13, 14 and 15. The Committee notes that, in general, the Government provides information relating to the draft regulations or partial information which does not fully reply to the questions raised by the Committee. The Committee reminds the Government that for it to have a current picture of the application of the Convention the Government needs to supply up-to-date information on the actual effect given to the provisions of the Convention and, pending the adoption of the new regulations, the Government must take the necessary measures to ensure the application of the provisions of the Convention and provide information in this respect. The Committee therefore requests the Government to supply information in reply to the issues raised by the Committee in its direct request of 2006 regarding Articles 8, 9, 12, 13, 14 and 15 of the Convention, ensuring that the information supplied corresponds to the next reporting period, so that the Committee can gain a fuller picture of the application of the Convention.

Part VI of the report form. Application in practice. The Committee notes that the sectoral tripartite commissions are directing the actions of the bipartite commissions at enterprise level towards hazard reduction, that individual health records have undergone substantial changes enabling the worker’s general state of health to be determined, and that major enterprises have occupational physicians and nursing services. The Committee requests the Government to supply general information on the manner in which the application of the Convention is ensured during the next reporting period.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 2 of the Convention. Definitions. Article 10(a) and (b). Prohibition and replacement of asbestos. Article 15(1) and (2). Establishment of exposure limits for workers. Article 21(2). Free medical examinations for workers. The Committee notes the information provided by the Government indicating that effect is given to these Articles of the Convention.

Article 3(2). Periodical revision of the legislation in the light of technical progress and advances in scientific knowledge. With reference to its previous comments, the Committee notes that the Tripartite Commission for the Construction Industry is at a very advanced stage of reviewing the specific standard for the prevention of risks in the sector, which will include the specific health risks inherent in the activities undertaken in the industry and which up to now has only taken into account noise and vibrations. The Committee requests the Government to take the necessary steps to ensure that the Tripartite Commission referred to above, when reviewing the standard, takes into account the provisions of this Convention and the comments made by the Committee of Experts when examining its application, and to provide information on this subject.

Article 6(2). Cooperation between employers undertaking activities simultaneously at one workplace. The Committee notes the Government’s indication that Act No. 18.098 gives legislative effect to this Article of the Convention. However, the Committee notes that the Act refers to contracts concluded by the administration and other public entities, while this Article establishes the requirement for cooperation without distinction as to the type of enterprise. The Committee requests the Government to take into account for this purpose the comments that it is making this year on the application of Article 17 of the Occupational Safety and Health Convention, 1981 (No. 155), in which it indicates that that Article goes beyond subsidiary responsibility activated by request or in the event of violations, and requires a proactive approach by enterprises through the establishment of the requirement for them to cooperate in the application of the measures envisaged in the Convention. The Committee requests the Government to give full effect to this Convention in law and in practice and to provide information in this respect. Additionally, the Committee requests the Government to provide information on examples of collaboration in practice between enterprises undertaking activities simultaneously at the same workplace in relation to the activities covered by the present Convention.

Article 11. Prohibition of crocidolite. Article 12. Prohibition of spraying of all forms of asbestos. The Committee notes the information provided by the Government. However, the Convention requires the explicit prohibition of crocidolite and of the spraying of all forms of asbestos. The Committee requests the Government to take the necessary measures to give legislative effect to this Article of the Convention and to provide information on this subject.

Article 21(4). Alternative employment and means of maintaining the income of workers when continued assignment to work involving exposure to asbestos is found to be medically inadvisable. The Committee requests the Government to continue providing information on the manner in which alternative employment or other measures, such as social benefits, are ensured to maintain the income of workers when their assignment or maintenance in work involving exposure to asbestos is found to be medically inadvisable. In particular, please provide practical information on the manner in which the maintenance of earnings is guaranteed, including social benefits.

Article 13. Employers’ obligation to notify the competent authority of the types of work involving exposure to asbestos. Article 17. Demolition of plants and structures containing asbestos. Article 19. Handling of asbestos waste. Article 20(2) and (3). Keeping of records of the monitoring of the working environment. Article 21(3). Adequate information to workers on the results of their medical examinations. Article 22(2). Employers’ obligation to establish written policies and procedures for the education and periodic training of workers on asbestos hazards. With reference to its previous comments, the Committee notes that the Government makes a general reference to Decree No. 307/009. The Committee draws the Government’s attention to the fact that for several years the Committee has been requesting it to provide detailed information on the effect given to these Articles and that the Government has not replied in its report to the Committee’s request. The Committee urges the Government to indicate the relevant sections of the legislation in each case and/or the measures through which it is ensured that effect is given to each of these Articles of the Convention. Please also provide information on the application of these Articles in practice.

Part V of the report form. Article 5. Application in practice. Labour inspection services. The Committee notes that the Government has not provided the information requested and once again asks the Government to provide information on the application of the Convention in practice, including the activities of the labour inspection services in this respect in the construction sector and the effect given to Articles 17 (demolition) and 19 (handling of asbestos waste).

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 4 of the Convention. Formulation, implementation and review of a coherent national policy. Referring to its previous comments, the Committee notes with interest the intense activity on the part of the sectoral tripartite committees dealing with occupational safety and health (OSH). The Government provides information on the following committees: (1) Tripartite Committee on the Construction Industry, which was established 23 years ago and has drawn up two decrees concerning hazard prevention in the sector (Decree No. 111/990 and Decree No. 89/995) and is currently engaged in the revision of the standard of 1995; (2) Tripartite Committee on the Chemicals Industry, which has drafted Decree No. 307/009 and is currently working on a new decree amending two articles of Decree No. 307; (3) Tripartite Committee on the Dairy Industry, which has conducted dissemination activities regarding standards and training in the context of Decree No. 291/2007; (4) Tripartite Committee on Telephone Call Centres, which has been doing intensive work for three years to create a consensus on a decree for hazard prevention in this major sector of activity and is close to finalizing this task; (5) Tripartite Committee on the Clothing Industry, which has been working in the context of Decree No. 291/007 and is planning a survey of enterprises to gather input with a view to setting the direction for future specific actions; (6) Tripartite Committee on Rural Matters, which drafted Decree No. 321/009 by consensus and is undertaking dissemination activities; (7) Tripartite Committee on Health, which was established in 2011 and is working to install an observatory relating to the conditions of work of health personnel; (8) Tripartite Committee on the Metallurgical Industry, which has been preparing dissemination materials concerning prevention measures but is facing difficulties in its operation; (9) Tripartite Committee on Liquid Petroleum Gas Companies, which has been conducting a joint analysis of conditions of work and has signed memoranda of understanding for reducing the daily hours of work to six hours 40 minutes. Finally, the Government states that the National Council on Occupational Safety and Health is responsible for defining national policy in this sphere and has just taken a decision to adopt the latest list of occupational diseases promoted by the ILO and has on its agenda the regulation of the Occupational Health Services Convention, 1985 (No. 161) and statistical information on occupational accidents. The Committee requests the Government to continue to supply information on the establishment of any new committees or activities or the adoption of any new legislation.

Follow-up to the recommendations of the tripartite committee (representation made under article 24 of the Constitution of the ILO (document GB.270/15/6). In its previous comments the Committee requested information on the action taken on the recommendations contained in paragraph 41 of the report adopted by the Governing Body in 2005. The Committee notes with satisfaction the comprehensive information supplied by the Government on the action taken on each recommendation made by the Governing Body in the abovementioned report, which demonstrates that it has complied with these recommendations. The Government provides information on the legislation relating to OSH adopted between 2005 and 2009 and the legislation which is being drafted; on the substantial increase, in 2007 and 2008, in the operational capacity of the labour inspectorate and the measures taken by the inspectorate in relation to OSH; on the vitality of tripartite dialogue; on the joint work with the organization responsible for statistics at national level, which will enable better results to be achieved within several months, and also the training and technical assistance granted to workers and enterprises. Furthermore, the Government attaches the 2010 annual report of the Labour and Social Security Inspectorate General, which contains valuable information on the activities of the inspectorate relating to OSH. Consequently, the Committee declares the follow-up to the recommendations contained in report GB.270/15/6 to be closed.

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

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report, transmitted on 31 August 2009, does not include a response to most of the questions raised by the Committee in its comment of 2006. It also notes that the Office requested the Government to submit this information in a letter dated 31 October 2009. The Committee reiterates its request to the Government to provide information on all the issues raised in its direct request in 2006.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Legislation. The Committee notes with interest Decree No. 154/002 of 2 May 2002 concerning the prohibition of the use of asbestos, the preamble of which refers explicitly to the Asbestos Convention, 1986 (No. 162), and the Asbestos Recommendation, 1986 (No. 172).

Article 2 of the Convention. Definitions. With reference to its previous comments, the Committee notes the Government’s indication that although there is currently no specific national legislation which defines the terms referred to in this Article, these terms are applied pursuant to Act No. 16.643 of 8 December 1994, which ratified the present Convention. The Committee requests the Government to take all relevant measures, in law and in practice, to give effect to this Article of the Convention.

Article 3, paragraph 2. Periodical revision of the legislation in the light of technical and scientific progress. The Committee notes the Government’s indication that Decree No. 291/007 of 13 August 2007, which gives effect to the Occupational Safety and Health Convention, 1981 (No. 155), establishes participatory bodies at the enterprise level and establishes at national level the tripartite sectoral committees and the National Council for Occupational Safety and Health as the supervisory body for risk prevention and the promotion of occupational health and wellbeing. The Government states that section 12 of the Decree gives the tripartite sectoral committee competence to undertake a periodic evaluation of national policy and, under section 15(b), the tripartite sectoral committee must inform the general labour and social security inspectorate of substances and agents in respect of which exposure at work must be prohibited or specially limited and, under section 15(f), new risks arising from technological innovation must be evaluated. The Committee requests the Government to supply information on the measures taken by the participatory bodies referred to in relation to this Article of the Convention.

Article 6, paragraph 2. Cooperation between employers undertaking activities simultaneously at one workplace. The Committee notes that no specific regulation has been adopted on this matter and that the general provisions of Decree No. 406/88 and Decree No. 291/007 apply. However, the Committee notes that these Decrees do not regulate this matter. The Committee requests the Government to take appropriate measures to give full legislative expression to this provision of the Convention and to supply information in this respect.

Article 10, subparagraphs (a) and (b). Prohibition and replacement of asbestos. The Committee notes that section 1 of Decree No. 154/002 states that the manufacture, introduction in whatever form onto national territory and marketing of products containing asbestos covered by heading 6811 and item 6812.50.00.00 of the NCM shall be prohibited. Section 2 states that for the manufacture, introduction in whatever form onto national territory and marketing of asbestos or products containing asbestos, where these are not covered by section 1, permission must be obtained from the Ministry of Public Health, which shall have the competence to issue permission subject to a ruling from the Honorary Committee on Insalubrious Work. The Committee also notes that, in order to obtain authorization for bringing such products into the country, the manufacturer, transporter or trader must submit technical reports describing the characteristics of the products or elements concerned (section 3), and, should permission be granted, the Ministry of Public Health shall specify the quantities, classes, length of permit and other conditions relating to introduction into the country, manufacture or marketing of the products concerned (section 5). Furthermore, the Committee notes that, according to the report, on the basis of this Decree many enterprises which were using asbestos in their work replaced it in the relevant processes, and retained it in cases which were authorized according to the terms of section 1 of Decree No. 154/002. With reference to section 1 of this Decree, the Committee requests the Government to indicate which type of asbestos is prohibited, since this section gives only indirect specifications (products containing asbestos covered by heading 6811 and item 6812.50.00.00 of the NCM).

Article 15, paragraphs 1 and 2. Establishment of exposure limits for workers. The Committee notes the Government’s statement that, to date, no provision has been adopted in this area. However, it notes that Ordinance No. 145/009 of the Ministry of Public Health establishes the basic framework relating to the various physical and chemical risk factors, respective controls and analyses, and that the basic framework takes account of biological indicators relating to dose, effect and exposure. It also notes that the reference values will be updated annually by the Directorate-General of Health in line with the latest data published by the American Conference of Governmental Industrial Hygienists (ACGIH). The Committee requests the Government to supply information on the exposure limits for asbestos laid down by the Ministry of Public Health pursuant to this Ordinance.

Article 11. Prohibition of crocidolite. Article 12. Prohibition of spraying of all forms of asbestos. Article 20, paragraphs 2 and 3. Keeping of records containing the results of the monitoring of the working environment. The Committee notes the Government’s statement that no regulations have yet been adopted on these matters. The Committee requests the Government to supply detailed information on the measures taken to give effect to these Articles in law and in practice.

Article 13. Employers’ obligation to notify to the competent authority the types of work involving asbestos. Article 17. Demolition of plants and structures containing asbestos. Article 19. Handling of asbestos waste. Article 21, paragraph 2. Free medical examinations for workers. Article 21, paragraph 3. Adequate information to workers on the results of their medical examinations. Article 22, paragraph 2. Employers’ obligation to establish written policies and procedures for the education and periodic training of workers related to asbestos hazards. The Committee notes that the Government has still not supplied any information on these matters. The Committee requests the Government to supply detailed information on the measures taken to give effect to these Articles in law and in practice.

Part V of the report form. Application in practice. The Committee notes the Government’s statement that the State Insurance Bank does not have any summaries of inspection reports relating to this risk or statistics on the workers covered or on occupational diseases. The Committee requests the Government to supply information on the application of the Convention in practice, including reports from the labour inspectorate, the Ministry of Health or the tripartite sectoral committees, to enable it to have a better understanding of the manner in which the Convention is applied in practice. The Committee also requests the Government to provide a general description of the manner in which the Convention is applied, including, if possible, in relation to the construction sector.

[The Government is asked to reply in detail to the present comments in 2011.]

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with satisfaction the adoption of Decree No. 291/2007 of 13 August 2007 issuing regulations to Act No. 15965 of 28 June 1988 adopting this Convention, and Decree No. 307/009 of 3 July 2009 laying down compulsory minimum standards for the protection of safety and health of workers against hazards arising out of chemical agents, which gives effect in law to Articles 5, 11, 19 and 21 of the Convention, referred to by the Committee in its previous comments. Noting that Decree No. 307/009 facilitates application of the Chemicals Convention, 1990 (No. 170), the Committee invites the Government to consider the possibility of ratifying the latter, and to provide information in this regard.

Articles 1 and 2 of the Convention. Scope. The Committee welcomes the fact that section 1 of Decree No. 291/007 lays down compulsory minimum provisions for managing prevention of and protection against hazards that arise or may arise out of any activity, be it commercial, industrial, rural or a service, whether or not carried out for profit and whether in the public or the private sphere.

Article 4. Formulation, implementation and periodical review of a coherent national policy. Sectoral tripartite committees. The Committee notes that section 12 of Decree No. 291/2007 establishes that for the purpose of applying the Convention, in every sector or branch of activity a sectoral tripartite committee shall be established for the formulation, implementation, and periodical assessment of a national policy on occupational safety and health and the working environment and of the means by which it is applied. The sectoral tripartite committees shall be composed of the Ministry of Labour and Social Security through the General Labour Inspectorate, which shall chair it, and representatives of employers and workers. While taking note of this important step towards the formulation of a national policy, the Committee notes that the law does not provide for mechanisms and bodies with which the tripartite committees are to work in order to formulate, implement and periodically review a coherent national policy. The Committee notes that according to section 16 of Decree No. 291/2007, the sectoral tripartite committees have recourse to the National Council on Occupational Safety and Health; however it appears that this in itself is not sufficient to ensure that the sectoral tripartite committees cooperate in the formulation, implementation and periodical review of a comprehensive national policy as provided for by this Article of the Convention. The Committee refers the Government to paragraphs 54–63 of its General Survey of 2009 on the Convention. The Committee requests the Government: (1) to provide information on sectoral tripartite committees that have been set up and on their operation in practice; (2) to specify the existing bodies and mechanisms that allow these sectoral tripartite committees to coordinate their work in order to formulate, implement and periodically review a coherent national policy on occupational safety and occupational health and the working environment, as required by the Convention; and (3) to supply information on the process for formulating, implementing and reviewing the national policy, together with relevant documentation.

Article 20. Cooperation between management and workers at enterprise level. The Committee notes that section 5 of Decree No. 291/2007 establishes that in every enterprise, a body shall be set up for cooperation between employers and workers, and that whatever the form of cooperation agreed on, the body shall gear its work to planning prevention, promotion of ergonomic systems, evaluation of new hazards, promotion and cooperation for training, keeping a register of incidents, defects, occupational accidents and diseases, study and analysis of statistics and promotion of cooperation in occupational health, occupational safety and the working environment. The Committee requests the Government to provide information on the application of this provision in practice. It also asks the Government to specify how the provision is applied in small and medium-sized enterprises.

Article 7. Periodical reviews. Article 11, paragraph (d). Inquiries into occupational accidents. Article 11, paragraph (e). Annual publication of reports. Article 13. Protection of workers from undue consequences. Article 17. Two or more undertakings engaged in activities simultaneously at one workplace. Article 18. Measures to deal with emergencies. The Committee notes that the Government has not provided any information in response to the issues raised in its previous direct request, but that many of these issues have been resolved by Decree No. 291/2007. The Committee nonetheless observes that this Decree, which forms the basis of the law on occupational safety and health since it regulates the application of the Convention for all branches of activity, does not seem to give full effect of the provisions referred to in the first part of this paragraph. The Committee accordingly once again asks the Government to indicate measures taken to give effect to Articles 7, 11(d) and (e), 13, 17 and 18, of the Convention.

Part V of the report form. Application in practice. The Committee requests the Government to provide general information on the manner in which the Convention is applied in practice including, for example, extracts of labour inspection reports and statistics of the number of workers covered by the legislation, the number and nature of contraventions reported, the number, nature and causes of accidents notified, etc.

Action taken on the recommendation set out in the report on a representation (document GB.270/15/6). The Committee notes that the Government has not sent the information requested by the Committee in its previous comments on the follow-up to the recommendations set forth in the Governing Body’s report of November 1997 (GB.270/15/6), regarding a representation by the Latin American Central of Workers (CLAT). The Committee requests the Government to provide information on any actions taken on the recommendations set out in paragraph 32 of the report on the abovementioned representation, specifying the points of the recommendations which it deems that it has complied with and the manner in which it has done so, and the points that have yet to be complied with and the measures envisaged to secure compliance.

Action taken on recommendations set out in the report on a representation (document GB.292/16/6). The Committee notes that in March 2005, the Governing Body adopted a report on a representation made under article 24 of the ILO Constitution by the Inter-Union Assembly of Workers – Workers’ National Convention (PIT–CNT) alleging non-observance by Uruguay of the Convention (document GB.292/16/6). The gist of the PIT–CNT’s representation was that no measures were taken to develop and implement the mechanisms provided for in the Convention. The Committee reminds the Government that in paragraph 41(b) of its report, the Governing Body urged the Government of Uruguay:

(i)    to continue to strengthen occupational safety and health legislation and to regulate those areas where vacuums exist;

(ii)   to ensure compliance with current occupational safety and health legislation at both national and enterprise level;

(iii)  to examine periodically the situation as regards the safety and health of workers in both the public and the private sectors, in order to identify problems which exist and take effective measures to resolve them;

(iv)   to provide information on the health and safety problems which, according to the PIT–CNT, have arisen as a result of the reform of the state enterprises;

(v)    to continue to strengthen the inspection system at both national and enterprise level and increase, if appropriate, the number of labour inspectors, and to improve the imposition of the relevant sanctions;

(vi)   to provide official information both on occupational risks and accidents and on investigations carried out in this area, and to state whether the body responsible for publishing the relevant statistical information has failed to do so since 1997;

(vii)  to continue to increase training and qualification activities, especially at the enterprise level; and

(viii) to continue to facilitate and to promote cooperation between employers and workers or their representatives at the enterprise level.

In (c) of the same paragraph, the Governing Body requested the Government to include in the reports it submits on the application of Convention No. 155, information on the application of any measures adopted in order to achieve effective compliance with the recommendations made, so that the Committee of Experts can examine progress in these matters. The Committee notes that the Government has not provided information in this regard. It notes, however, that Decree No. 291/2007 facilitates the application of some of the recommendations set out in the Governing Body’s report and paves the way for progress to be made in the formulation of the national policy at sector level and in the action taken at enterprise level. The Committee requests the Government to provide detailed information on the action taken, both in law and in practice, on the recommendations set forth in document GB.292/16/6.

[The Government is asked to reply in detail to the present comments in 2011.]

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the information contained in the Government’s reports.

1. Article 2 of the Convention. Formulation, implementation and periodic review of a coherent national policy on occupational health services. The Committee notes the adoption of Decree No. 83/996 establishing the National Occupational Safety and Health Council and that one of the functions of the Council is to formulate and propose plans and programmes on safety, health and the improvement of working conditions. The Committee requests the Government to provide information on such plans and programmes in relation to the formulation, implementation and periodic review of the coherent national policy on occupational health services.

2. Article 3, paragraph 1. Establishment of health services for all workers. In accordance with the Convention, occupational health services have to cover all workers, including those in the public sector, in all branches of economic activity and all enterprises. The Committee requests the Government to indicate the provisions under which health services are established for all workers and to indicate the plans drawn up, in accordance with the Convention, for the gradual establishment of occupational health services in all enterprises.

3. With reference to its previous comments, including the 1993 direct request, the Committee notes that the reports do not contain information on the application of several provisions of the Convention, for which reason part of the requests are reiterated:

Article 5(c) and (d). The Committee requests the Government to provide information on the authorities which have been assigned advisory functions on the planning and organization of work and the development of programmes for the improvement of working practices;

Article 8. The Committee requests the Government to indicate how the cooperation and participation of employers and workers is secured, in practice, in the implementation of measures for the organization of occupational health services, as set out in the Convention;

Article 9. The Committee requests the Government to indicate the measures taken or envisaged to ensure that occupational health services are of a multidisciplinary nature, in accordance with paragraph 1 of this Article;

Article 12. The Committee requests the Government to indicate the measures which guarantee that the surveillance of workers’ health involves no loss of earnings for them, that it is free of charge and takes place during working hours, as set out in this provision;

Article 13. The Committee requests the Government to indicate the manner in which all workers are informed of the health hazards involved in their work, in accordance with this Article of the Convention;

Article 14. The Government is requested to indicate the measures taken or envisaged to ensure that occupational health services are informed of any factors which may affect workers’ health; and

Article 15. The Committee requests the Government to indicate the measures taken or envisaged to ensure that personnel providing occupational health services cannot be required by the employer to verify the reasons for absence from work that have come to their notice.

4. Part VI of the report form. Application of the Convention in practice. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied, such as summaries of inspection reports and statistical information, including data on the number of workers covered, disaggregated by gender, if possible, and the number and nature of contraventions reported.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. With reference to its previous comments, the Committee notes the information provided in the Government’s latest report. It notes with interest the adoption of Decree No. 64/004 of 18 February 2004, which represents an update of the National Code on Diseases and Sanitary Events with Compulsory Notification. The Committee also notes with interest the draft regulation on minimum measures that should be taken for the prevention of and protection against occupational hazards in the chemical industry. Once adopted, this regulation would, in relation to the chemical industry, give effect to certain provisions of the Convention including Articles 5, 11, 19 and 21. The Committee hopes that, in the continued work on this Draft Regulation relating to the chemical industry, measures will be taken also to give effect to the following provisions of the Convention.

Article 4. The formulation, implementation and periodical review of a coherent national policy on occupational safety and health in the chemical industry whose aim is to prevent accidents and injury to health arising out of, linked with, or occurring in the course of work.

Article 6. The respective functions and responsibilities in respect of occupational safety and health in the chemical industry of public authorities, employers and workers.

Article 7. Periodical review of the situation regarding occupational safety and health in the chemical industry either overall or in respect of particular areas, with a view to identifying major problems, evolving effective methods for dealing with them and priorities of action, and evaluating results.

Article 10. Measures to provide guidance to employers and workers so as to help them to comply with legal obligations.

Article 12. Measures to take with a view to ensure that those who design, manufacture, import, provide or transfer chemical substances for occupational use satisfy themselves that such substances do not entail dangers for the safety and health of those using it correctly and to make available information as well as instructions concerning the correct installation and use of substances.

Article 13. Protection from undue consequences of a worker who has removed himself from a work situation which he or she has reasonable justification to believe presents an imminent and serious danger to his or her life or health.

Article 14. The inclusion of questions of occupational safety and health in the chemical industry at all levels of training, in a manner meeting the training needs of all workers.

Article 17. Collaboration in applying the requirements of this Convention of two or more undertakings engaged in activities simultaneously at one workplace.

Article 18. Employers’ obligation to deal with emergencies and accidents, including adequate first-aid arrangements.

The Committee requests the Government to inform the ILO about any progress achieved with regard to the development and adoption of the mentioned regulation and to communicate a copy of this text once adopted.

2. The Committee notes that the Government’s report does not contain any specific information on efforts made to follow-up on the conclusions of the Committee set up to examine the representation made by the Latin American Central of Workers (CLAT) approved by the Governing Body. The Committee would be grateful if the Government would continue to ensure a determined and continued application of measures to prevent accidents and injuries arising out of work, to evaluate their impact and to keep the Office informed of all developments in this regard.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the information provided by the Government in its first and subsequent reports. It would like to draw the Government’s attention to the following points.

1. Article 2 of the Convention. Definitions. The Government indicates that despite the absence of specific legislation on asbestos, the terms are applicable in the internal law of Uruguay as a result of the ratification of the Convention. Subparagraphs of this Article of the Convention do not have a counterpart and the Committee notes this information. It nevertheless requests the Government to take the necessary measures to ensure that the abovementioned terms are defined in national law.

2. Article 3, paragraph 2. Periodical revision of the legislation in the light of technical and scientific advances. The Committee notes that neither the Government indicates in its reports, nor the legislation provides for, periodical review mechanisms of the legislation in the light of technical progress and scientific advances. Hence, the Committee invites the Government to proceed to the establishment of such review mechanisms. In this respect, it ventures to draw the Government’s attention to Paragraph 5 of the Asbestos Recommendation, 1986, (No. 172), which indicates that the information contained in the ILO code of practice on safety in the use of asbestos should be used as guidance in reviewing national laws and regulations in force, as well as other information from competent bodies on asbestos and substitute materials.

3. Article 6, paragraph 2. Cooperation between employers undertaking activities simultaneously at one workplace. The Committee notes the Government’s indication that due to the fact that no specific regulation on asbestos has been adopted yet, the general provisions found in Decree No. 406/88 are applicable. However, the latter does not contain any provision addressing the cooperation requirement between employers undertaking activities simultaneously at one workplace. The Committee thus invites the Government to take the legal initiative to incorporate a provision on this issue into the national legislation.

4. Article 11. Prohibition of crocidolite. The Committee notes the Government’s indication that there is no provision in the legislation providing for the prohibition of crocidolite. The Committee consequently invites the Government to proceed to the elaboration and adoption of a regulatory text prohibiting the use of crocidolite and products containing this fibre. In this context, the Committee wishes to make the Government aware of the fact that this text could also include the possibility to grant derogations from the prohibition, after consultation with the organizations of employers and workers concerned, in the case that the replacement is not reasonably practicable (Article 11, paragraph 2).

5. Article 12. Prohibition of spraying of all forms of asbestos. The Government indicates that no regulatory text provides for the prohibition of the spraying of all forms of asbestos. The Committee therefore invites the Government to take the necessary legislative measures to proceed to the elaboration and adoption of a regulatory text on this issue. In this context, the Committee wishes to acquaint the Government with the possibility that this text could also include the possibility to grant derogations from the prohibition, after consultation with the organizations of employers and workers concerned, in the case that alternative methods are not reasonably practicable, provided that steps are taken to ensure that the health of workers is not placed at risk (Article 12, paragraph 2).

6. Article 15, paragraphs 1 and 2. Establishment of exposure limits for workers. The Committee notes article 1 of Title IV - special preventive measures with regard to chemical, physical, biological and ergonomic risks - of Decree No. 406/88, concerning the update of regulatory provisions concerning safety, hygiene and occupational health in order to align them to the new conditions in the world of work, 1988, providing for measures to reduce the level of contamination caused by chemical, physical and biological substances and to prevent the generation of the contaminants. However, there seems to be no provision establishing exposure limits for workers. The Committee requests the Government to take the necessary legislative measures to introduce such a provision into the legislation. In this regard, the Committee draws the Government’s attention to the fact that these exposure limits, once fixed, must be periodically reviewed and updated in the light of technical progress and advances in technological and scientific knowledge.

7. Article 20, paragraphs 2 and 3. Keeping of records containing the results of the monitoring of the working environment. The Committee notes article 9 of Chapter II, chemical risks of Decree No. 406/88, concerning the update of regulatory provisions concerning safety, hygiene and occupational health in order to align them to the new conditions in the world of work, 1988, providing for the monitoring of the working environment. However, the latter does not contain a provision specifying whether records on the results of the monitoring have to be kept, and, if so, the period of time during which these records have to be kept. The Committee therefore requests the Government to take the necessary legislative measures to proceed to the elaboration and adoption of a regulatory text on this matter, which also should include a further provision providing for the right of the workers concerned, their representatives and the inspection services to have access to these records.

8. Furthermore, the Committee draws the Government’s attention to the need to adopt measures on the following: cooperation between employers and workers or their representatives at the level of the undertaking (Article 8); the employer’s obligation to notify to the competent authority the types of work involving asbestos (Article 13); the demolition of plants and structures containing asbestos (Article 17); the handling of asbestos waste (Article 19); the right of the workers to request the monitoring of the working environment and to appeal to the competent authority concerning the results of the monitoring (Article 20, paragraph 4); a medical examination free of charge to workers (Article 21, paragraph 2); adequate information to workers on the results of their medical examination (Article 21, paragraph 3); the provision or other means of maintaining the income for workers for whom assignment to work involving exposure to asbestos is found to be inadvisable for medical reasons (Article 21, paragraph 4); notification system of occupational diseases caused by asbestos (Article 21, paragraph 5); information and education arrangement by the competent authority (Article 22, paragraph 1); and the employer’s obligation to establish written policies and procedures for the education and periodic training of workers related to asbestos hazards (Article 22, paragraph 2).

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

Further to its previous comments, the Committee notes the information provided by the Government. It notes in particular that the Government has continued to implement its Emergency Plan for the Construction Industry during 1997 and 1998, through the programme of allocating of human and material resources to the General Labour and Social Security Inspectorate. The number of occupational safety inspectors stands at 28, and starting from 1998 in agreement with the Labour University of Uruguay, six assistants in technical prevention will be joining the Inspectorate. Inspection visits continued during the three years (1997-99) under the programme of inspections of the working conditions environment. Under the programme of training, training courses for 24 workers’ delegates in construction were given, and a tripartite day of evaluation of the Emergency Plan for the Construction Industry was held. The first National Congress on the conditions of work and the working environment in the construction industry was held on 12 November 1998. Under the programme of publications, illustrative pamphlets and press publications continued to be utilized. The statistics provided on fatalities indicate a reduction in their number.

The Committee recalls its previous comments based on one of the conclusions of the Committee set up to examine the representation made by the Latin American Central of Workers (CLAT) and approved by the Governing Body. This conclusion had pointed out that the determined and continuous application of measures adopted following the submission of the representation, pursuant to Article 4 of the Convention, together with their evaluation ensures that the accidents and injury to health arising out of work are prevented. The Committee would be grateful if the Government would continue to take the necessary measures and to evaluate their impact and to keep the Office informed of all developments in this regard.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes with interest the creation of the tripartite Co-ordination Group on Occupational Safety and Workplace Environment Conditions by Executive Resolution No. 765/92 of 30 September 1992. It further notes the draft Bill creating the National Occupational Safety Commission, in particular, Chapter V of this Bill which provides for the creation of occupational safety and health services in all enterprises with over 99 workers. The Committee hopes that the legislation necessary for the full application of the Convention will be adopted in the near future and that it will provide for the formulation and periodical review of a national policy on occupational health services, in accordance with Article 2 of the Convention. The Government is requested to supply information, in its next report, on the progress made in this regard.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes that at its 270th Session (November 1997), the Governing Body adopted the report of the Committee set up to examine the representation made by the Latin American Central of Workers (CLAT) under article 24 of the ILO Constitution, alleging non-observance by Uruguay of this Convention (document GB.270/15/6). The conclusions of the report of the above Committee emphasize that an increase or reduction in the number of fatal working accidents is an indication of whether or not the Convention is being properly applied. Without underestimating the measures taken by the Government to ensure that accidents are prevented and risks are reduced, the allegations made by the CLAT relating to the situation in respect of occupational safety and health in the construction industry cast doubt on the results of the accident, damage and risk prevention policy introduced. It is recalled that the effective fulfilment of the national policy in the area indicated depends partly on the existence and application of sufficiently dissuasive penalties in cases where legislative or regulatory provisions are infringed, as well as on tripartite activities. Furthermore, the best way in which to ensure that working accidents are prevented requires not only more comprehensive training of construction representatives and supervisors in the construction industry, but also training activities designed to disseminate knowledge of occupational safety and hygiene more widely so as to ensure that such activities involve a larger number of workers from this sector. Under the recommendations appearing in the above report, it is proposed that the Government implement more effective tripartite activities, as well as measures relating to the various aspects of the realization and assessment of the effectiveness of the national policy designed to prevent accidents at work; that it continue to strengthen the legislative and regulatory provisions in the area in question with a view to promoting accident prevention in this sector and, in particular, to specifying in a more complete manner the respective functions and responsibilities of the social partners and other persons and institutions concerned; that it examine, at appropriate intervals, the situation in respect of occupational safety and health in the construction industry, in order to determine the problems which exist and to develop effective methods to resolve them; that it examine in particular the delivery and appropriate use of protective equipment; that it maintain and increase the labour inspection system in the industry referred to and strengthen the imposition of penalties provided for; that it broaden training activities so that they extend to the largest possible number of workers in the construction industry; that it enhance and promote, at enterprise level, cooperation between employers and workers or their representatives as an essential element of the activity designed to prevent accidents at work. While recalling one of the Committee's conclusions according to which the determined and continuous application of measures adopted following the submission of the representation, pursuant to Article 4 of the Convention, as well as the fact that the assessment of such measures ensures that the accidents and injury to health arising out of work are prevented, the Committee requests the Government to provide information on the measures taken to give effect to the recommendations adopted by the Governing Body so as to ensure that the Convention is applied.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that at its 270th Session (November 1997), the Governing Body adopted the report of the Committee set up to examine the representation made by the Latin American Central of Workers (CLAT) under article 24 of the ILO Constitution, alleging non-observance by Uruguay of this Convention (document GB.270/15/6).

The conclusions of the report of the above Committee emphasize that an increase or reduction in the number of fatal working accidents is an indication of whether or not the Convention is being properly applied. Without underestimating the measures taken by the Government to ensure that accidents are prevented and risks are reduced, the allegations made by the CLAT relating to the situation in respect of occupational safety and health in the construction industry cast doubt on the results of the accident, damage and risk prevention policy introduced. It is recalled that the effective fulfilment of the national policy in the area indicated depends partly on the existence and application of sufficiently dissuasive penalties in cases where legislative or regulatory provisions are infringed, as well as on tripartite activities. Furthermore, the best way in which to ensure that working accidents are prevented requires not only more comprehensive training of construction representatives and supervisors in the construction industry, but also training activities designed to disseminate knowledge of occupational safety and hygiene more widely so as to ensure that such activities involve a larger number of workers from this sector.

Under the recommendations appearing in the above report, it is proposed that the Government implement more effective tripartite activities, as well as measures relating to the various aspects of the realization and assessment of the effectiveness of the national policy designed to prevent accidents at work; that it continue to strengthen the legislative and regulatory provisions in the area in question with a view to promoting accident prevention in this sector and, in particular, to specifying in a more complete manner the respective functions and responsibilities of the social partners and other persons and institutions concerned; that it examine, at appropriate intervals, the situation in respect of occupational safety and health in the construction industry, in order to determine the problems which exist and to develop effective methods to resolve them; that it examine in particular the delivery and appropriate use of protective equipment; that it maintain and increase the labour inspection system in the industry referred to and strengthen the imposition of penalties provided for; that it broaden training activities so that they extend to the largest possible number of workers in the construction industry; that it enhance and promote, at enterprise level, cooperation between employers and workers or their representatives as an essential element of the activity designed to prevent accidents at work.

While recalling one of the Committee's conclusions according to which the determined and continuous application of measures adopted following the submission of the representation, pursuant to Article 4 of the Convention, as well as the fact that the assessment of such measures ensures that the accidents and injury to health arising out of work are prevented, the Committee requests the Government to provide information on the measures taken to give effect to the recommendations adopted by the Governing Body so as to ensure that the Convention is applied.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes with interest the information provided in the Government's latest report and the creation of the tripartite Co-ordination Group on Occupational Safety and Workplace Environment Conditions. It further notes the draft Bill on the creation of a National Commission on Occupational Safety which sets out a national policy on occupational safety, occupational health and the working environment, in accordance with Article 4 of the Convention. The Committee hopes that this Bill will be adopted in the near future and that it will ensure the full application of the Convention. The Government is requested to indicate, in its next report, the progress made in this regard.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes with interest the creation of the tripartite Co-ordination Group on Occupational Safety and Workplace Environment Conditions by Executive Resolution No. 765/92 of 30 September 1992. It further notes the draft Bill creating the National Occupational Safety Commission, in particular, Chapter V of this Bill which provides for the creation of occupational safety and health services in all enterprises with over 99 workers. The Committee hopes that the legislation necessary for the full application of the Convention will be adopted in the near future and that it will provide for the formulation and periodical review of a national policy on occupational health services, in accordance with Article 2 of the Convention. The Government is requested to supply information, in its next report, on the progress made in this regard.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the indication in the Government's latest report that a draft decree will soon be approved by the Executive Power which provides for the creation of a tripartite Coordination Group on Occupational Safety and Workplace Environment Conditions. The Coordination Group to be established would have the task, inter alia, of analysing the national occupational safety and health policy and proposing amendments, as well as elaborating national plans of action and programmes with respect to occupational safety and health and studying the viability of establishing a single competent body in occupational safety and health matters.

In its previous comments, the Committee noted that the Government had not yet taken steps to give effect to the provisions of the Convention. The Committee hopes that the necessary steps will be taken in the near future to formulate and implement a national policy on occupational safety, occupational health and the working environment, in accordance with Article 4 of the Convention. The Government is requested to indicate, in its next report, the progress made in this regard and the measures taken to ensure the application of the other provisions of this Convention.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

I. The Committee notes the indication in the Government's latest report that a draft decree will soon be approved by the Executive Power which provides for the creation of a tripartite Coordination Group on Occupational Safety and Workplace Environment Conditions. The Coordination Group to be established would have the task, inter alia, of analysing the national occupational safety and health policy and proposing amendments, as well as elaborating national plans of action and programmes with respect to occupational safety and health and studying the viability of establishing one competent body in occupational safety and health matters. The Government is requested to provide information in its next report on the progress made in establishing the Coordination Group and on any steps taken by the Group with respect to the application of the provisions of the Convention.

II. In its previous comments, the Committee noted the Government's statement in its first report that every effort was made to adopt measures to apply the Convention, but that a draft Decree in the matter met opposition from the employers' organizations due to certain provisions concerning the establishment of joint commissions in undertakings. The Government also indicated that the draft Decree was being revised. Since the Government's latest report has not referred to this draft Decree, the Committee would once again request the Government to provide information, in its next report, on the progress of the revision.

The Committee hopes that the legislation necessary for the application of the Convention will be adopted in the near future and that it will provide for the formulation and periodical review of a national policy on occupational health services (Article 2) and that it will give effect to the following Articles of the Convention.

Article 3, paragraph 1, of the Convention. In accordance with the Convention, occupational health services have to cover all workers, including those in the public sector, in all branches of economic activity and in all undertakings. If occupational health services cannot be immediately established for all undertakings, plans for the establishment of such services have to be drawn up in consultation with the occupational organizations. The Committee requests the Government to indicate the plans under which, in accordance with the Convention, it intends to progressively establish occupational services for all undertakings.

Furthermore, the Committee understands that the envisaged scope of the draft text on occupational health services referred to in the Government's first report is confined to the private sector and that its extension is envisaged, where appropriate, to rural undertakings. The Committee requests the Government to indicate the plans under which the application of the planned legislation could be extended to all workers, including those in the public sector, in all branches of economic activity, as provided for by the Convention.

Article 5. The Committee requests the Government to indicate the manner in which the participation of workers in matters of occupational health and safety, as set out in the Convention, is ensured. Furthermore, it requests the Government to supply information on the authorities which have been assigned advisory functions on the planning and organization of work and the development of programmes for the improvement of working practices (Article 5(c) and (d)).

Article 8. The Committee requests the Government to indicate how the cooperation and participation of employers and workers is secured, in the present situation, in the implementation of the organization of occupational health services, as set out in the Convention, particularly within the framework of the prevention activities of the Occupational Health Department.

Article 9. In its previous comments, the Committee noted the information supplied by the Government that prevention functions were exercised by the Occupational Health Department, in coordination with the environmental safety directorate, prevention clinics and the medical documentation department. The Government is requested to indicate the measures taken or envisaged to ensure that occupational health services are of a multidisciplinary nature, in accordance with paragraph 1 of this Article.

Article 12. The Committee requests the Government to indicate the measures taken or envisaged to guarantee that the surveillance of workers' health involves no loss of earnings for them, that it is free of charge and that it takes place during working hours, as set out in this provision.

Article 13. The Committee requests the Government to indicate the manner in which all workers are informed of the health hazards involved in their work, in accordance with this Article of the Convention.

Article 14. The Government is requested to indicate the measures taken or envisaged to ensure that occupational health services are informed of any factors which may affect the workers' health.

Article 15. The Committee understands that the draft Decree, referred to in the Government's first report, envisages that occupational health services shall be informed of occurrences of ill-health and absence from work. The Government is requested to indicate the measures taken or envisaged to ensure that personnel providing occupational health services cannot be required by the employer to verify the reasons for absence from work that has come to their notice.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes with interest the information provided in the Government's first report. It observes that the Government has not yet taken steps to give effect to the provisions of the Convention.

With reference to its general observation of 1990, the Committee points out that this Convention lays down the basic principles for the development of a national policy to ensure a coherent and comprehensive occupational safety and health system, both at the national level and at the level of the undertaking.

The Committee has noted that, in ratifying the Convention, governments have indicated their recognition of the importance of a coherent policy in this field. Such a policy should be promoted in order to facilitate a timely and adequate response to all concerns raised by occupational hazards, in particular, as regards the impact that technical progress may have on the working environment. As the Committee has suggested in its general observation for several countries, the Government may wish to have recourse to the advice and technical cooperation of the ILO, in particular through the International Programme for the Improvement of Working Conditions and Environment (PIACT), which aims at promoting, inter alia, the principles embodied in this Convention.

The Committee asks the Government to supply information on the measures it has taken or intends to take to formulate a national policy on occupational safety, occupational health and the working environment in accordance with Article 4 of the Convention. It also asks the Government to supply information as to how the application of the other provisions of the Convention is ensured.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes with interest the information supplied by the Government in its first report. The Committee notes the Government's statements that every effort has been made to adopt measures to apply the Convention, but that a draft Decree did not receive the necessary approval of the occupational organisations, due to the opposition of the employers' organisations to certain measures which provided for the establishment of bipartite commissions in enterprises. The Committee notes that, according to the Government's report, the draft Decree is currently under revision.

The Committee notes with interest the text of the draft Decree supplied by the Government.

The Committee requests the Government to supply information on the progress of the work of revising the above text. It also requests the Government to supply the text as soon as it has been adopted.

The Committee hopes that the legislation will provide for the formulation and periodical review of a national policy on occupational health services (Article 2) and will give effect to the following Articles of the Convention:

Article 3, paragraph 1, of the Convention. In accordance with the Convention, occupational health services have to cover all workers, including those in the public sector, in all branches of economic activity and in all undertakings. If occupational health services cannot be immediately established for all undertakings, plans for the establishment of such services have to be drawn up in consultation with the occupational organisations. The Committee notes the information supplied by the Government to the effect that the draft Decree to establish occupational health services is still under examination. It requests the Government to indicate the plans under which, in accordance with the Convention, it intends to progressively establish occupational services for all undertakings.

Furthermore, the Committee understands that the envisaged scope of the draft text (section 7) is confined to the private sector and that its extension is envisaged, where appropriate, to rural undertakings. The Committee requests the Government to indicate the plans under which the application of the planned legislation could be extended to all workers, including those in the public sector, in all branches of economic activity, as provided for by the Convention.

Article 5. The Committee requests the Government to indicate the manner in which, until the legislation is adopted, the participation of workers in matters of occupational health and safety, as set out in the Convention, is ensured. Furthermore, it requests the Government to supply information on the authorities which have been assigned advisory functions on the planning and organisation of work and the development of programmes for the improvement of working practices (Article 5(c) and (d)).

Article 8. The Committee requests the Government to indicate how the cooperation and participation of employers and workers is secured, in the present situation, in the implementation of the organisation of occupational health services, as set out in the Convention, particularly within the framework of the prevention activities of the Occupational Health Department.

Article 9. The Committee notes the information supplied by the Government in its report that prevention functions are exercised by the Occupational Health Department, in coordination with the environmental safety directorate, prevention clinics and the medical documentation department.

The Committee requests the Government to indicate the measures that it has taken or plans to take, in the current situation, in order to ensure that the services that are currently responsible for certain functions relating to occupational health are multidisciplinary, in accordance with paragraph 1.

The Committee also notes that the text of the draft Decree does not appear to establish the multidisciplinary nature of occupational health services. The Committee hopes that the current re-examination of the text will result in the inclusion of this aspect in the legislation, in accordance with the provisions of the Convention.

Article 12. The Committee requests the Government to indicate the measures which guarantee, in the current situation, that the surveillance of workers' health involves no loss of earnings for them, that it is free of charge and that it takes place during working hours, as set out in this provision.

Article 13. The Committee requests the Government to indicate the manner in which all workers are informed of the health hazards involved in their work, in accordance with the provisions of the Convention.

Article 14. The Committee understands that the obligation to inform occupational health services of any factors which may affect the workers' health is not explicitly set out in the draft Decree (section 32). It hopes that the current work of re-examination will take account of this provision.

Article 15. The Committee understands that the draft Decree (section 50) envisages that occupational health services shall be informed of occurrences of ill-health and absence from work. It hopes that the current re-examination, in accordance with the Convention, will ensure that personnel providing occupational health services cannot be required by the employer to verify the reasons for absence from work that have come to their notice.