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 2015, published 105th ILC session (2016)

General observation of 2015. The Committee would like to draw the Government’s attention to its general observation of 2015 under this Convention, and in particular to the request for information contained in paragraph 30 thereof.

Article 14 of the Convention. Discontinuation of assignment to work involving exposure to ionizing radiation pursuant to medical advice and alternative employment. The Committee notes that the Government has not replied to its previous request relating to this Article of the Convention. It reminds the Government that, in accordance with this Article, it must take all necessary measures to ensure that workers are not employed or do not continue to be employed in work that may expose them to ionizing radiation where this is inadvisable for medical reasons. Furthermore, the Committee wishes to draw the Government’s attention to paragraph 40 of its general observation of 2015 according to which employers should make all reasonable efforts to provide workers with suitable alternative employment in circumstances for which it has been determined that workers, for health reasons, may no longer continue in employment in which they are, or could be, subject to occupational exposure. The Committee once again requests the Government to take measures to ensure that no workers shall be employed, or shall continue to be employed, in work that may expose them to ionizing radiation contrary to qualified medical advice. The Committee also invites the Government to provide information on any measures taken or envisaged regarding offers of alternative employment to such workers.

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

Article 4(2) of the Convention. Obligation to prohibit the use of benzene and of products containing benzene as a solvent or diluents, except where the process is carried out in an enclosed system or where there are other equally safe methods of work. In its previous comments, the Committee requested the Government to ensure that its legislation gives effect to this Article and to provide information on: (1) the prohibition of the use of benzene as a diluent; and (2) the prohibition of the use of products containing benzene as: (i) solvents or (ii) diluents. The Committee notes the Government’s indication of its commitment to raise, in the National Tripartite Commission for the Chemical Industry, the possibility of establishing a standard to specifically prohibit the use of benzene as a solvent or diluent. The Committee hopes that the necessary provisions will be adopted to bring the legislation into conformity with this Article of the Convention, and requests the Government to provide information on any progress in this respect.

Application of the Convention in practice. With reference to its previous comments, the Committee notes the Government’s indication that in May 2014, the National Tripartite Commission for the Chemical Industry organized a second training course for Workers’ delegates to bipartite bodies and another for Employers’ delegates. The courses were supplementary to those held in 2013, covering almost 30 per cent of the enterprises in the sector, which represent over 50 per cent of the enterprises affiliated with the relevant chamber of commerce and for the Union of Chemical Industry Workers. A follow-up of these activities has been planned. The Committee requests the Government to provide information on the manner in which these activities give effect to the Convention.

Moreover, noting that the Government’s report contains no information on a question raised in its previous comments, the Commission is bound to repeat the question, which read as follows:

Article 7(1). Use of enclosed systems for work processes involving the use of benzene or of products containing benzene. Article 8(2). Compulsory use of personal protective equipment against the risk of inhaling benzene vapour. The Committee notes that, in response to the questions concerning these two Articles, the Government reiterates that benzene does not exist and is not used in Uruguay. On the one hand, the Committee notes that Decree No. 307/009 contains prevention and protection measures which could give effect to these Articles of the Convention and, on the other, refers to its comments in the previous paragraph. The Committee therefore requests the Government to provide detailed information on the application of these two Articles, also taking into account its comments made in 2006, and on the manner in which Decree No. 307/009 is applied in this respect.

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

Articles 1 and 3 of the Convention. Periodic determination of the carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization or control. Protective measures. The Committee notes the information provided by the Government in its report and requests it to continue providing information on any developments in this respect.

Article 5. Medical examinations of workers during and after the period of employment. In its previous comments, the Committee noted that Ordinance No. 145/09, referred to previously by the Government, establishes a basic regime covering various chemical and physical risk factors, the respective medical tests and analyses which workers must undergo, and the time at which such tests and analyses have to be carried out. The Committee requested the Government to make provision in law and in practice for medical examinations following the period of employment, and to provide information in this respect. The Committee notes the Government’s indications that, with regard to post employment examinations, no tests are carried out after the worker has left the employment, except in confirmed cases and under the State Insurance Fund (Banco de Seguros del Estado). The Committee recalls that, under this Article, each Member which ratifies this Convention shall take measures to ensure that workers are provided with such medical examinations or biological or other tests or investigations during the period of employment and thereafter, as are necessary to evaluate their exposure and supervise their state of health in relation to the occupational hazards. The Committee once again requests the Government to take the necessary measures to provide post-employment medical examinations for workers exposed to carcinogenic substances or agents, and to provide detailed information on this subject.

Application of the Convention in practice. The Committee once again requests the Government to provide statistical information on the number of workers covered by the legislation, the number and nature of the violations reported and the number of occupational diseases reported in relation to the Convention.

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)

Legislation and other measures. The Committee notes with interest the Decree No. 152/013 adopting regulations on the environmentally sound management of waste from the use of chemical and biological products in agriculture, horticulture and forestry, particularly the Guide on Rural Labour Law, submitted on 29 April 2014 and published by the Ministry of Labour and Social Security, which explains in user-friendly language the applicable labour regime, including occupational safety and health.

Article 6(2) of the Convention. Cooperation involving two or more employers, or one or more employers and one or more self-employed persons, in an agricultural workplace. The Committee notes that the information provided by the Government does not respond to the question raised, which refers not to the responsibility of employers, but to the duty of the competent authority to provide for cooperation mechanisms in the circumstances covered by paragraph 2 of this Article. The Committee therefore once again requests the Government to provide information on the manner in which the legislation or the competent authorities fulfil the requirement of providing 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.

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 has not provided the requested information, the Committee once again requests the Government to supply information on the provisions which ensure that workers shall not be required or permitted to engage in the manual handling or transport of a load which by reason of its weight or nature is likely to jeopardize their safety or health, as required by paragraph 2 of this Article of the Convention.

Article 16(2) and (3). Young workers and hazardous work. With reference to its previous comments, the Committee requests the Government to provide information on the work that has been authorized for young persons aged over 16 years and under 18 years, and on the progress made in the work of the Committee on the Elimination of Child Labour (CETI) on this subject.

Article 17. Temporary and seasonal workers. With reference to its previous comments, the Committee notes the Government’s indication that the same rules established in Decree No. 321/2009 apply to temporary and seasonal workers.

Application of the Convention in practice. The Committee refers to its previous comments in which it noted an observation by the Inter-Trade Union Assembly – Workers’ National Convention (PIT–CNT) indicating shortcomings in the labour inspectorate and the working conditions of persons employed in the agricultural sector. The Committee once again requests the Government to indicate whether it has made changes to the work of the General Inspectorate of Labour and Social Security in the sector, based on the observation of the PIT-CNT. The Committee also requests the Government to provide information on the action taken to apply Decree No. 321/2009 on safety and health in the agricultural sector (which implements this Convention), which is being carried out by the Tripartite Committee on Safety and Health in the Rural Environment (CTR).

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

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

Article 8 of the Convention. Effective cooperation in the field of safety and health. In its previous comments, the Committee noted that subsidiary liability exists in Uruguay, as well as, since 2008, joint liability where the main contractor is in default of its labour obligations. The Committee notes with interest the information provided by the Government in its report on the Occupational Safety and Health Convention, 1981 (No. 155), regarding sections 266 and 267 of Decree No. 125/014, which give effect to this Article of the Convention for overlapping and/or shared work activities. The Committee requests the Government to provide information on the application of these sections in practice.

Article 12(1). Right of workers to remove themselves from danger and measures to be taken to stop work in the event of imminent and serious danger. The Committee notes the information provided by the Government on section 408 of Decree No. 125, which regulates the procedure for the interruption of work. In accordance with this section, site safety and health delegates may stop an operation or operations that are being performed, where they have good reason to believe that there is a serious or imminent threat to the physical integrity of one or more workers. However, they must first inform the site manager, and if the situation is not resolved, a prevention technician shall be called in first, followed by the General Labour Inspectorate, which shall respond within 24 or 48 hours, depending on the location of the site. The Committee draws the Government’s attention to the fact that, while section 408 regulates the procedure “for the interruption of work”, Article 12 of the Convention refers to right of workers to remove themselves from danger. Moreover, the person entitled to take the action set out in section 408 is the “site delegate”, while Article 12 refers to any “worker”. The Decree therefore covers a different action and a different individual. Consequently, while the Committee acknowledges that section 408 refers to prevention and protection of the health and safety of construction workers, it considers that it does not give effect to Article 12 of the Convention, and requests the Government to adopt the measures necessary to establish the right of all construction workers to remove themselves from danger when they have good reason to believe that there is an imminent and serious threat to their safety or health, and to provide information in this regard.

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)

Articles 3 and 4 of the Convention. Laws or regulations that ensure the application of the provisions of the Convention. Consultation with the most representative organizations of employers and workers. The Committee notes with satisfaction the adoption of Decree No. 125/014 of 7 May 2014 approving regulations on safety and health in the construction industry, which give effect to this Convention. Moreover, the introductory paragraphs of the Decree indicate that, upon the proposal of the General Labour and Social Security Inspectorate, there was a very productive technical exchange in the Tripartite Occupational Safety and Health Committee for the Construction Industry between delegates of representative employers’ and workers’ organizations. The exchange was led by the labour inspectorate on the basis of a substantive preliminary draft Decree that it had prepared. Section 13 of the Decree establishes that Convention No. 167 and the ILO Code of Practice on health and safety in construction shall be consulted with regard to safety issues in construction that are not covered by the Decree. Section 424 of the Decree provides that the Tripartite Occupational Safety and Health Committee for the Construction Industry is responsible for interpreting the Decree, suggesting amendments, conducting consultations and seeking guidance from other public and/or private bodies. The Decree also contains provisions on the establishment of occupational health services in the construction industry, as well as technical annexes. 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, pursuant to section 424 of the Decree.

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)

General framework for the application of the Convention. The Committee notes with interest Decree No. 307/009 of 3 July 2009, establishing minimum compulsory standards for the protection of the health and safety of workers against risks related to chemicals. This Decree is the result of the work of the Tripartite Commission for the Chemical Industry established by Decree No. 306/005 with the technical collaboration of the Ministry of Labour and Social Affairs of Spain. Decree No. 307/009 lays down the minimum compulsory conditions for the protection of the health and safety of workers against risks related to chemicals in the course of work, contains detailed regulations for the assessment of risks and on prevention plans, the principles of prevention, the supervision of health, the measures to be adopted in the event of accidents, incidents and emergencies, prohibitions, information and training, and the consultation and participation of workers. It accordingly establishes an adequate and favourable framework for the application of the present Convention. The Committee notes that certain specific issues relating to the present Convention have remained pending for a number of years and, in the hope that the Government can contribute to clarifying them in its next report, enumerates them below.

Article 4(2) of the Convention. Obligation to prohibit the use of benzene and of products containing benzene as a solvent or diluents, except where the process is carried out in an enclosed system or where there are other equally safe methods of work. For several years, the Committee has been referring to section 3 of Decree No. 183/982 of 27 May 1982, under the terms of which: “The use is prohibited of the substances enumerated in the Schedule in Annex II for the uses indicated in that Schedule.” The Schedule in Annex II, in its enumeration of prohibited substances and uses, refers to benzene or benzole “as a solvent, when it can be substituted and in waterproofing products”. Previously in 1992, the Committee referred to this wording and considered it very ambiguous. The Committee has repeatedly indicated that the prohibition appeared to refer only to two hypotheses: the use of benzene as a solvent when it can be substituted and its use in waterproofing products. The Committee notes the Government’s reference to Decree No. 307/009 of 3 July 2009, and particularly to section 9(1) of the Decree. However, the Committee notes that, with regard to benzene, Decree No. 307/009 confirms the prohibition in the same terms as Decree No. 183/82, for which reason the Committee’s comment remains valid that, although the use of benzene is prohibited as a solvent, its prohibition as a diluent is not yet sufficiently regulated, nor is the prohibition of products containing benzene. In practice, the prohibition of use of benzene in waterproofing products would cover part of the prohibition of its use as a diluent, but not all uses. Finally, the Committee notes that, on the one hand, the Government reiterates that benzene is prohibited, while at the same time providing copies of: (1) Order No. 145 of 13 March 2009 on the management of the prevention and protection of risks arising out of work, which contains tables on health supervision establishing specific monitoring for benzene; and (2) the “Guide for the medical treatment of workers exposed to solvents” of 2006, containing specific references to benzene. The Committee therefore requests the Government to ensure that its legislation gives effect to this Article and to provide information on: (1) the prohibition of the use of benzene as a diluent; and (2) the prohibition of the use of products containing benzene as: (i) solvents or (ii) diluents. Please also provide information on the use of benzene and products containing benzene covered by the Guide referred to above (only in relation to benzene) and by Order No. 145, referred to above.

Article 7(1). Use of enclosed systems for work processes involving the use of benzene or of products containing benzene. Article 8(2). Compulsory use of personal protective equipment against the risk of inhaling benzene vapour. The Committee notes that, in response to the questions concerning these two Articles, the Government reiterates that benzene does not exist and is not used in Uruguay. On the one hand, the Committee notes that Decree No. 307/009 contains prevention and protection measures which could give effect to these Articles of the Convention and, on the other, refers to its comments in the previous paragraph. The Committee therefore requests the Government to provide detailed information on the application of these two Articles, also taking into account its comments made in 2006, and on the manner in which Decree No. 307/009 is applied in this respect.

Part IV of the report form. Application in practice. The Committee notes that the Government does not have at its disposal specific information on this subject and that it refers to the latest annual report of the Labour Inspectorate communicated to the Office. The Committee notes that the above report, of December 2008, does not contain information on the application of the Convention and it requests the Government to provide practical information on the activities of the Tripartite Commission for the Chemical Industry in relation to the present Convention.

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).

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

The Committee refers the Government to its observation and asks it to provide additional information on the following matters.

In its observation of this year, the Committee notes that the Government provides information on law and practice pertaining to application of the Convention which shows that there has been significant progress in the implementation of safety and health measures in the construction sector. However, the Committee notes that although it refers to progress made the Government’s report does not reply to the comments made by the Committee in its direct request of 2009. It points out that if the application of the Convention is to be examined in an effective dialogue, the Government should reply expressly to the points raised by the Committee in its comments, and should not only indicate the relevant legislation but also specify the provisions of the legislation that give effect to each Article of the Convention and, if appropriate, the manner in which they are applied. The Committee requests the Government to include the information requested by the Committee in 2009 in the detailed report requested for 2014.

[The Government is asked to report in detail in 2014.]

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.

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

Legislation. The Committee noted previously that sections 356 to 363 of Act No. 18362 establish a register of construction works and their traceability, to apply as from 2009. The register would operate within the General Inspectorate of Labour and Social Security (IGTSS) and the Government stated its view that the register consisted of a database of enormous importance to the construction industry and state bodies, as it will contain all information of importance in real time concerning the various public and private sector construction processes and those operating them. The Committee notes with interest Decree No. 481/009 to regulate the operation of the register, which, according to the 2010 annual report of the IGTSS, is up and running. Decree No. 481 defines the scope and establishes the requirements for the registration of construction work which include submission of an occupational safety and health study and plan (section 4) and sets out the functions of the tripartite occupational safety and health committee for the construction industry as they concern the register (section 7). Furthermore, with regard to its previous comments, the Committee notes the Government’s statement that a technical committee is hard at work studying the amendment and updating of Decree No. 89/995 on safety and health in the construction industry and it is hoped that it will present its results to the sectoral tripartite committee in the coming months. The Government states that in introducing amendments and improvements to the existing legal framework, the technical committee has taken into account not only the existing legal voids but also proposals from all inspectors who monitor environmental conditions of work and the conclusions of the occupational safety and health congress organized in October 2010 by the sectoral tripartite committee. The Committee requests the Government to make efforts to ensure that the new text gives effect to the provisions of this Convention and to take account of the comments made by the Committee in its examination of this Convention and the other ratified occupational safety and health Conventions, particularly its comments on the Occupational Safety and Health Convention, 1981 (No. 155), and the Asbestos Convention, 1986 (No. 162). Furthermore, because the legislation is undergoing significant changes, the Committee requests the Government to provide a detailed report indicating the legislative, regulatory or other texts and the relevant provisions thereof that give effect in law to each Article of the Convention.

Part V of the report form. Application in practice. The Committee notes the 2010 annual report of the IGTSS, which notes that according to the register of works and their traceability, in 2010, 8,552 construction works were registered, and of these 1,625 had final certification while for 6,832 certification was pending, works were finalized for 58 and works were closed for the remaining 37. It also notes the information on investigations into occupational accidents in the sector and their results. The Committee requests the Government to continue to provide information in this regard.

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

[The Government is asked to report in detail in 2014.]

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

With reference to its observation, the Committee requests the Government to supply information on the following points.

While noting the substantial legislative progress in the application of the Convention, through the adoption of Decree No. 321/2009, the Committee notes that the Government’s short report does not follow the report form or indicate the sections of the Decree which, in its opinion, give effect to the provisions of the Convention. The Committee requests the Government to supply the information requested in the present comment when drawing up its report and to indicate clearly the sections of the legislation which, in its opinion, are relevant with respect to the provisions of the Convention.

Article 4(2)(a) of the Convention. Competent authority responsible for the application. The Committee notes that, with regard to this Article the Government does not specify the provisions which give effect to each paragraph and subparagraph but merely states that sections 4, 5 and 6, Chapter III and section 95 of Decree No. 321 give effect to this Article. In fact, sections 4 and 95 of Decree No. 321 give effect to Article 4(1) of the Convention, while section 5 of the Decree states that the General Labour and Social Security Inspectorate (IGTSS) has competence for monitoring implementation of the Decree, thus complying with Article 5 of the Convention. It is the Committee’s understanding that the IGTSS is not responsible for implementation but for monitoring implementation, as provided for in Article 5 of the Convention, but Article 4(2)(a) of the Convention refers to the competent authority responsible for the implementation of the policy and for the enforcement (rather than monitoring the implementation) of national laws and regulations on occupational safety and health in agriculture. The Committee therefore requests the Government to specify which is the competent authority responsible for policy implementation according to the terms of Article 4(2)(a) of the Convention.

Article 4(2)(c). Mechanisms of inter-sectoral coordination among relevant authorities and bodies for the agricultural sector. The Committee notes the tripartite coordination mechanisms that exist in Uruguay. However, the Committee considers that there is a need for further information on inter-sectoral coordination of a technical nature. The Committee therefore requests information on mechanisms of inter-sectoral coordination among relevant authorities and bodies for the agricultural sector, such as those that deal with the import and official approval of machinery or chemicals to be used in agriculture and which, even though they do not have specific competence in occupational safety and health (OSH), they have functions and responsibilities relating to matters regulated by the Convention.

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. The Committee notes that the Government’s report does not contain any information on this paragraph. The Committee requests the Government to supply information on the provisions of national legislation or the measures adopted by the competent authority which establish the cooperation prescribed by this paragraph in the application of OSH rules. The Committee also requests the Government to indicate whether the competent authority has prescribed general procedures for this collaboration.

Article 7(a). Appropriate risk assessments in relation to the safety and health of workers. The Committee notes that, according to section 8(1) of Decree No. 321, the employer must identify, assess, eliminate and/or minimize the risk factors that exist in his establishment. The Committee requests the Government to supply detailed information on the legal provisions which regulate risk assessment as referred to by this paragraph.

Article 10(a). Use of agricultural machinery and equipment only for work for which they are designed. The Committee notes that section 37(1) of Decree No. 321 states that tractors and agricultural machinery which have a driving position shall be used in the work for which they were constructed and section 37(2) prohibits the transportation of workers. The Committee draws attention to that, even though this provision applies a substantial proportion of this Article of the Convention, it does not give full effect to it since, firstly, this paragraph of the Convention refers to all agricultural machinery and equipment and not only to machinery and equipment that have a driving position and, secondly, this paragraph prohibits transportation of persons, which is broader in scope than section 77(2) of Decree No. 321, which only prohibits the transportation of workers. The Committee requests the Government to take the necessary steps to ensure that all agricultural machinery and equipment shall only be used for work for which they are designed, that it prohibits the transportation of all persons and not only of workers, and requests it to supply information in this regard.

Article 11(1). Handling and transport of materials. Risk assessment, technical standards and medical opinion. The Committee requests the Government to supply more detailed information on the provisions which give effect to risk assessment, technical standards and medical opinion, as referred to by Article 11(1) of the Convention.

Article 11(2). Handling and transport of materials. Prohibition on requiring or permitting the manual handling or transport of certain loads. The Committee requests the Government to supply information on the provisions which ensure that workers shall not be required or permitted to engage in the manual handling or transport of a load which by reason of its weight or nature is likely to jeopardize their safety or health, as required by Article 11(2) of the Convention.

Article 12(c). Safe collection, recycling and disposal of chemical waste. In line with the report form, the Committee requests the Government to indicate the competent authorities which must take measures, in accordance with national law and practice, to give effect to this Article of the Convention. The Committee requests the Government to supply information on the measures taken, in accordance with national law and practice, to ensure that there is a suitable system for the safe collection, recycling and disposal of chemical waste and obsolete chemicals.

Article 13(2)(b) and (d). Preventive and protective measures for the dispersion, treatment and disposal of chemicals. The Committee requests the Government to supply information on preventive and protective measures for the use of chemicals and handling of chemical waste at the level of the undertaking, covering agricultural activities leading to the dispersion of chemicals (paragraph 2(b)) and the treatment and disposal of chemical waste and obsolete chemicals (paragraph 2(d)).

Article 16(2) and (3). Young workers and hazardous work. The Committee notes that clause IV of the preamble to Decree No. 321 indicates that in order to determine the tasks which shall be prohibited for minors, reference shall be made to the provisions of the Worst Forms of Child Labour Convention, 1999 (No. 182), which is still being examined by the Committee on the Elimination of Child Labour (CETI) with regard to this paragraph. The Committee recalls that it is also following up on this matter under Convention No. 182. The Committee requests the Government to take the necessary steps promptly to give effect to these provisions of the Convention and to provide information in this regard. The Government is also requested to provide information on types of work which are authorized as from 16 years of age, under the conditions laid down in Article 16(3).

Article 17. Temporary and seasonal workers. The Committee notes that Decree No. 321 does not lay down any exceptions and its understanding is therefore that the general rules apply to these workers. The Committee requests the Government to provide information on any specific legislation relating to this category of workers. The Committee also requests the Government to provide information on the percentage of temporary and seasonal workers and on the mechanisms that ensure that they receive adequate information and training.

Article 18. Women workers. The Committee notes that section 91 of Decree No. 321 contains exactly the same wording as this Article of the Convention, namely that measures shall be taken to ensure that the specific needs of women agricultural workers are taken into account in relation to pregnancy, breastfeeding and reproductive health. Furthermore, section 92 establishes that it shall be prohibited for pregnant or breastfeeding women to apply, prepare or handle toxic agricultural products. The Committee requests the Government to supply information on the measures taken under section 91, particularly in relation to reproductive health.

Article 20. Working time arrangements. The Committee notes that the Government does not provide any information on this Article of the Convention. The Committee emphasizes the importance of clearly regulating these matters in rural work, where work often takes place without any defined time limits. The Committee requests the Government to provide detailed information on the manner in which hours of work, night work and rest periods are regulated in this sector.

Part IV of the report form. The Committee notes the Government’s indication that it has no knowledge of decisions referring to the present Convention. The Committee requests the Government to supply information on decisions dealing with the subjects covered by the Convention, i.e. even though not referring explicitly to the Convention, they refer to the implementing legislation such as Decree No. 321.

Part V of the report form. Application in practice. The Committee notes the annual operating report of the IGTSS of December 2007, which predates the existence of Decree No. 321. The report covers inspection activities in the cane sugar sector in Bella Vista, where 400 out of the 1,000 workers were interviewed and all the enterprises received notices. The Committee also refers to its previous comment in which it noted the comments from the Inter-Union Assembly of Workers – National Convention of Workers (PIT–CNT) indicating inadequacies in labour inspection and working conditions for employees in agriculture. The trade union also indicated that accidents were occurring with excessive frequency in this sector. Furthermore, the Committee takes this opportunity to bring the Government’s attention to the Meeting of Experts that was held on 25–29 October 2010 to adopt a code of practice in agriculture (see www.ilo.org/public/english/dialogue/sector/techmeet/meshailo/index.htm). The Committee requests the Government to indicate the number of workers covered by the measures adopted for giving effect to the Convention and state whether the IGTSS is monitoring their implementation at national level. The Government is also requested to send extracts from inspection reports and information indicating the number and nature of reported violations, the estimated percentage of non-registered workers and the efforts made to register them, inspection relating to hours of work, night work and rest periods, and also information on occupational accidents and diseases in agriculture. Please also indicate whether any changes have been made to the mandate of the IGTSS in the sector further to the comments from the PIT–CNT. Finally, the Committee requests the Government to supply information on the follow-up action taken by the CTR.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 4 of the Convention. National policy. Formulation, implementation and periodic review after consultation of the social partners. The Committee notes with satisfaction the adoption of Decree No. 321/009 of 9 July 2009 concerning safety and health in agriculture, which gives effect to the present Convention and was drawn up in consultation with the social partners. The Committee emphasizes that a Tripartite Group for the Rural Sector was set up in 2007 with the aim of giving effect to the Convention. The Group was composed of the Rural Association of Uruguay, the Rural Federation, the National Association of Milk Producers, the Inter-Union Assembly of Workers – National Confederation of Workers (PIT–CNT) and the General Labour and Social Security Inspectorate of the Ministry of Labour and Social Security. Advice was provided by the ILO and the Group’s work culminated in the adoption of Decree No. 321/009. Moreover, section 95 of the Decree provides for the establishment of the Tripartite Committee on Safety and Health in the Rural Environment (CTR), which will follow up the application of the Decree and take decisions by consensus. Section 3 of Decree No. 321/009 establishes the objectives of national policy, while section 4 of the Decree states that national policy shall be formulated, implemented and periodically reviewed in conjunction with the social partners. The Committee requests the Government to supply information on the work of the CTR and on any developments relating to the implementation and periodic review of its national policy on safety and health in agriculture.

The Committee is raising a number of other points in a direct request 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.]

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

Further to its observation, the Committee requests the Government to provide information on the following points.

Article 5 of the Convention. Technical standards. The Committee takes note of Decree No. 103/996 establishing a time limit within which the Uruguayan Institute for Technical Standards must upgrade personal protection equipment for the construction sector, and a deadline by which the Tripartite Committee on Safety and Health in Construction must come to a decision. The Committee requests the Government to continue to provide information on any developments or new technical standards relating to the matters covered by the Convention.

Article 8, subparagraphs (a), (b) and (c). Effective cooperation in the field of safety and health. With regard to cooperation between employers, the Committee notes that subsidiary liability exists in Uruguay as well as – from 2008 – joint and several liability where the main contractor is in default of its labour obligations. However, the Committee considers that over and above subsidiary, joint and several liability, the information it needs, in order to gain a fuller picture of this provision, is how coordination is established for safety and health, including in the area of prevention. The Committee requests the Government to provide detailed information on the measures taken to give effect in law and in practice to these provisions.

Article 11, subparagraph (a). Effective cooperation between employers and workers. The Committee reiterates its request for information on the manner in which such cooperation is organized, particularly in respect of self-employed workers.

Article 15, paragraph 1(a) and (d). Use of appliances by persons who have received adequate training; Article 20. Cofferdams and caissons; Article 21. Work in compressed air; Article 24. Assessment of waste and residues; Article 28. Chemical, physical or biological hazards, toxic substances. Provisions referred to in paragraph 11 of the previous direct request. The Committee notes that, in response to these matters, the Government indicates that a new revision of Decree No. 89/95 on safety and health in the construction industry is under way and undertakes to provide information upon its adoption, pending which there will in all probability be changes in these issues, including in respect of cranes and hoisting machinery. The Government states that a technical working group has been set up composed of representatives of the various sectors of the National Tripartite Committee on Construction. The Committee notes that the Government stresses that employers and workers in the sector opted to undertake their own regulation regarding participation and asked expressly to be excluded from the scope of Decree No. 291/007 so as to make their own regulations. With reference to the revision of Decree No. 85/95, the Committee requests the Government to provide, once the changes have been adopted, detailed information on the manner in which the new text gives effect to the abovementioned provisions of the Convention. At a more general level, the Committee requests the Government to adopt the necessary measures to give effect to these Articles in law and in practice and to provide detailed information in this regard, including on the Articles mentioned in paragraph 11 of its last direct request.

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

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

Legislation. The Committee notes revised version No. 1 of the Basic Radiological Protection and Safety Regulations (standard UY100), which maintains the values referred to by the Committee in its previous comments. It also notes that a draft Act on radiological protection and safety has been before Parliament for examination since 2006. The Committee requests the Government to continue to supply information on any new developments in this respect.

Article 14 of the Convention. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. In its previous comments the Committee drew the Government’s attention to paragraph 32 of its 1992 general observation under the Convention, which states that every effort must be made to provide the workers concerned with suitable alternative employment or to maintain their income through social security measures or otherwise where continued assignment to work involving exposure to ionizing radiation is found to be medically inadvisable. The Committee asked the Government to supply information on the measures taken to ensure the application of this Article of the Convention. The Committee notes that the Government merely replies that the State Insurance Bank, through its professional staff, assesses the risks to which workers may be exposed and the consequences thereof. The Committee notes with regret that this statement does not contain the requested information. The Committee again requests the Government to take all appropriate measures to ensure that no worker shall be employed, or shall continue to be employed, in work by reason of which the worker could be the subject of exposure to ionizing radiation contrary to medical advice and that for such workers, every effort is made to provide them with suitable alternative employment or to offer them other means to maintain their income and requests the Government to keep it informed in this respect.

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

Article 4, paragraph 2, of the Convention. Obligation to prohibit the use of benzene and of products containing benzene as a solvent or diluent except where the process is carried out in an enclosed system or where there are other equally safe methods of work. Article 7, paragraph 1. Use of enclosed systems for work processes involving the use of benzene or of products containing benzene. Article 8, paragraph 2. Personal protective equipment. Article 14, subparagraph (a). Legislation. Part IV of the report form. Application in practice. The Committee notes from the Government’s report that Decree No. 183/982 of 27 May 1982 prohibiting the use of benzene as a solvent remains in force and that no companies have been reported as using benzene. The Committee notes that the Government does not supply any information on the matters raised by the Committee. With reference to Decree No. 306/005 of 14 September 2005 concerning the chemical industry, as mentioned in its comments on the Occupational Cancer Convention, 1974 (No. 139), and Decree No. 291/007 of 13 August 2007 on protection against risks, which it also mentioned in its comments on the application of the Occupational Safety and Health Convention, 1981 (No. 155), and which appears to facilitate more coordinated action in occupational safety and health, and also with reference to the setting up of a tripartite sectoral commission in the chemical industry, the Committee hopes that the abovementioned legislation and commission will have a positive impact on the application of the Convention. The Committee requests the Government to supply detailed information on the issues raised in its previous comments relating to the Articles referred to above and requests it to supply information on the activities of the tripartite sectoral commission in relation to the present Convention.

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

Legislation. The Committee notes with interest the adoption of Act No. 18362 of 6 October 2008, sections 356–363 of which establish the Register of Construction Works and their Traceability, which is to operate within the General Inspectorate of Labour and Social Security (IGTSS). This new provision requires public sector works to be entered in the Register, and the same will apply for the private sector on the same footing as regards occupational safety requirements. It empowers the labour inspectorate to close down works that have not been registered. The report indicates that one of the many obligations of the Register is the submission of an occupational safety plan of construction works, a description of the various stages and the cost of each stage. The Committee also notes Decree No. 108/007, to replace Decree No. 392/980, which provides for across-the-board updating of the labour-related documents that enterprises are required to keep. The Committee also notes that, according to the Government, Decree No. 89/95 on safety and health in the construction industry is being revised. It hopes that the revised text will give effect to the provisions of this Convention and to the Safety and Health in Construction Recommendation, 1988 (No. 175), and asks the Government to provide detailed information, once the new text has been adopted, on the manner in which the amendments give effect in law to the provisions of the Convention.

Part VI of the report form. Application in practice. The Committee notes with interest the IGTSS annual management report of December 2008. It notes that, according to the report, 2008 was a very important year for the labour inspectorate, which promoted and strengthened the involvement of workers and employers in occupational safety and health. It cites as an example the creation of a Register of Works and their Traceability, which took effect from January 2009. The Register will be under the responsibility of the IGTSS and is to consist of a database which the Government considers to be of enormous importance to the construction industry and state bodies. According to the report, the Register will contain all information of importance in real time, concerning the various public and private sector construction processes and those operating them: general contractor, director of works, building company/companies, foremen, architect, prevention technicians, worker delegates, safety plans, etc. It will be a major source of the information needed to ascertain the relationship of the major players with accidents occurring in the work performed. The Committee also notes the training carried out for workers in the construction sector, including the training course for trainers organized by the Tripartite Committee on the Construction Industry under the auspices of the ILO. It further notes that, as at 28 November 2008, 96 investigations of industrial accidents were under way, 41 of which concerned the construction sector. The Committee notes that, according to the IGTSS report, of all the accidents investigated in the construction industry, 54 per cent are caused by falls from height, followed by collapses and cave-ins (15 per cent) and entrapment (12 per cent). Of the 41 accidents being investigated in the construction sector in 2008, 22 were due to falls from height. The Committee appreciates the efforts made by the IGTSS, thanks to which it is possible to supervise and identify promptly the main trends concerning the application of the legislation relating to the Convention. The Committee requests the Government to continue to provide copies of the IGTSS reports, which are an important source of information and, in addition, include an assessment of developments in occupational safety and health in the construction sector. Furthermore, bearing in mind that, according to the report, 54 per cent of the construction accidents investigated were caused by falls from height, the Government is asked to provide information on the measures taken or envisaged, in law and in practice, to prevent such situations.

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

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

Legislation. The Committee notes with interest Decree No. 306/005 of 14 September 2005 concerning the chemical industry, which lays down compulsory minimum provisions for the management of risk prevention and protection against risks arising, or potentially arising, from productive activities in that industry. The Decree was drawn up with tripartite participation and establishes rights, principles and obligations for workers and employers, a tripartite national commission in the sector and participatory bodies at the enterprise level. The Committee also notes Ordinance No. 145/09 of 13 March 2009 establishing the basic regime covering various chemical and physical risk factors and determining medical controls for public and private industrial, commercial or service undertakings. The Committee also notes other standards for combating cancer in general terms, such as Decree No. 202/005 of 2005 establishing the National Programme to Combat Cancer (PRONACAN).

Article 1 of the Convention. Periodic determination of the carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization or control. The Committee notes the statement in the Government’s report that there is specific legislation covering radiation and asbestos. The Committee will refer to that legislation in its examination of the application of the specific Conventions in these areas. In its previous comments the Committee urged the Government to take steps to give effect to this Article of the Convention by establishing a mechanism for determining the carcinogenic substances and agents to which occupational exposure should be prohibited or made subject to authorization or control. The Committee notes that the Government has not replied to this question. The Committee notes, however, that Decree No. 306/005 contains an appendix on safety and health measures relating to exposure to chemical risks which lists a series of substances which constitute a risk factor. Section 3 of the Decree states that the reference values for the list will be updated annually by the Directorate-General of Health, in line with the latest information published of the American Conference of Government Industrial Hygienists (ACGIH). Although the Committee welcomes the reference to the ACGIH, it is not clear whether the updating referred to in section 3 applies solely to the reference factors or also includes the listed carcinogenic substances and agents. The Committee reminds the Government that the key aspect of Article 1 of the Convention is to determine a list of carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization or control and to establish a mechanism for periodic revision. The Committee requests the Government to indicate the manner in which the list of carcinogenic substances and agents covered by the provisions of Article 1(1) of the Convention is determined and periodically updated.

Article 3. Protective measures. The Committee notes the statement in the Government’s report that efforts are made to have carcinogenic substances and agents replaced and, in cases where this is not possible, controls are carried out by the Environmental Health Division and protocols are drawn up with regard to the protection of workers. The Committee requests the Government to supply further information on the application of this Article in law and in practice.

Article 5. Medical examinations of workers during and after the period of employment. The Committee notes that Ordinance No. 145/09 referred to previously establishes a basic regime covering various chemical and physical risk factors, the respective medical tests and analyses which workers must undergo and the time at which such tests and analyses must be carried out. With reference to its previous comments, the Committee reminds the Government that, under the terms of this Article, these examinations must also be carried out after the period of employment. The Committee requests the Government to make provision in law and in practice for medical examinations following the period of employment and requests it to provide information in this respect.

Article 6, paragraph (c). Measures to ensure appropriate inspection. The Committee notes that, according to Decree No. 306/005, the General Labour and Social Security Inspectorate (IGTSS) will chair the tripartite sectoral commission (section 7), and the tripartite sectoral commission has been assigned other functions related to labour inspection (section 9). The Committee requests the Government once again to supply information on the organization, functions and powers of the inspection services responsible for enforcing the provisions of the Convention, indicating whether it has taken steps to ensure that inspections are carried out as a matter of routine and not only following complaints, and requests it to supply information on the activity of the tripartite sectoral commission aimed at improving the effectiveness of the IGTSS in relation to the Convention.

Part IV of the report form. The Committee requests the Government once again to provide statistical information on the number of workers covered by the legislation, the number and nature of infringements reported, and the number of occupational diseases reported in relation to the Convention.

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 2007, published 97th ILC session (2008)

1. The Committee notes the detailed information supplied in the Government’s report and the attached legislation and documents. However, it would like to draw the Government’s attention to the following points.

2. The Committee notes the general labour inspectorate’s indication that Decree No. 392/80, which proposes an updating of the documentation which enterprises should possess, is being amended and is currently being examined by the Presidency of the Republic. The Committee requests the Government to keep it informed of all developments in this field and to supply a copy of the text once it has been adopted.

3. Article 5 of the Convention. Technical standards. The Committee notes the Government’s indication that the technical standards of the Uruguayan Institute of Technical Standards (UNIT), referring to protective equipment for workers and machinery, were approved by Decree No. 130/996 of 30 March 1996. The Committee requests the Government to indicate whether codes of practice have been adopted and, if so, to send a copy of them.

4. Article 8, paragraphs 2 and 11(a). Effective cooperation in the field of safety and health. The Committee notes that sections 260 and 261 of Decree No. 89/95 of 21 February 1995 on safety and health in the construction industry cover the responsibility of enterprises present on the same construction site. It also notes that section 255.5 of the same Decree states that, in the event of industrial accidents, workers must collaborate in the execution of emergency plans drawn up by the enterprise. However, in accordance with the Convention, the requirement for cooperation in the implementation of health and safety measures applies both to two or more employers simultaneously undertaking work on a construction site, and to workers in general in respect of their employer. The Committee requests the Government to indicate the legal provisions giving full effect to these provisions of the Convention.

5. Article 9. Design and planning of a project. The Committee notes that section 1 of Decree No. 283/996 states that, for all construction sites defined in section 2 of Decree No. 89/95, the following documents are required: (1) a document proving that the health and safety study at the different stages of construction has been submitted to the labour and social security inspectorate; and (2) a health and safety plan signed by the expert in prevention (técnico prevencionista), which must describe the detailed risk prevention measures in the abovementioned health and safety study. The Committee also notes that section 5 of this Decree excludes from its scope of application construction sites in which work is conducted at a height of less than 8 metres or excavations are carried out to a depth of less than 1.50 metres, or any site which, by its nature and according to the architect or engineer, does not need a health and safety study. The Committee requests the Government to indicate the provisions giving effect to this provision of the Convention for construction sites excluded from the scope of Decree No. 283/996.

6. Article 10. Contribution to worker safety and expression of views on the procedures to be adopted. The Committee notes the reference made by the Government to the provisions dealing with safety services at work. It notes that the Government has not supplied any information on the right and duty of workers to contribute to safety and to express views on the work procedures to be adopted in so far as they affect safety and health. The Committee requests the Government to indicate the provisions giving effect to this Article of the Convention.

7. Article 15, paragraph 1(a) and (d). Competent person and recording of results. The Committee notes that sections 108 and 110 of Decree No. 89/95 state that equipment must be maintained at reasonable intervals according to the particular requirements of the machine or tools in question and that, after undertaking maintenance or repairs which involve the removal of safety guards, the machine or equipment in question must be overhauled before it is used in order to ensure that the safety guards have been put back in place correctly. The Committee requests the Government to indicate the provisions for ensuring that every lifting appliance and item of lifting gear is: (a) of good design and construction, sound material and adequate strength for the purpose for which it is used; and (d) examined and tested by a competent person at such times and in such cases as shall be prescribed by national laws or regulations, the results of these examinations and tests to be recorded.

8. Article 24. Disposal of waste and residues. The Committee notes that section 180 of Decree No. 89/95 states that any demolition must be covered by a note concerning the method, equipment and items to be used, signed by a technician (architect or engineer) and that otherwise the demolition will not be carried out. It also notes that there is no specific information concerning the disposal of waste and residues, which is particularly important in relation to waste and residues containing asbestos. The Committee requests the Government to indicate the provisions giving full effect to this Article of the Convention.

9. Article 28. Chemical, physical or biological hazards, and toxic substances. The Committee notes the Government’s indication that the provisions relating to health risks are explicitly laid down in Decree No. 406/988 of 3 June 1988 applicable to commercial industry. It also notes that section 264 of Decree No. 89/95 states that Decree No. 406/988 is no longer applicable to the construction industry. The Committee requests the Government to indicate the provisions giving effect to this Article of the Convention.

10. The Committee notes that, according to the Government’s report, there is no legislation which gives effect to Article 20. Cofferdams and caissons; and Article 21. Work in compressed air, of the Convention. The Committee requests the Government to keep it informed of the measures taken or envisaged to give effect to these provisions of the Convention.

11. The Committee also notes that the legislation does not contain any information concerning the following Articles of the Convention: Article 12. Right to remove oneself from danger and measures to be taken to stop work in the event of imminent and serious danger; Article 13, paragraph 2. Means of access to workplaces; Article 14, paragraph 4. Inspection of scaffolds; Article 16, paragraphs 1(a) and 2. Ergonomics, means of access; Article 17, paragraphs 1(a), 2 and 3. Ergonomics, adequate instructions, examination and testing; Article 19(c), (d) and (e). Ventilation, safety access in the event of fire, risk from pockets of gas; Article 26, paragraph 2. Checking the presence of overhead or underground cables. Moreover, the Committee notes that the Government’s report says nothing with regard to the provisions giving effect to the following provisions of the Convention: Article 2(b)–(i). Definitions; Article 22. Structural frames and formwork; Article 23. Work over water; Article 25. Lighting; Article 27. Explosives; Article 29. Fire precautions; Article 31. First aid; Article 34. Reporting of accidents and diseases. The Committee requests the Government to indicate the legislative provisions giving effect to these provisions of the Convention and to send a copy of any relevant text.

12. Part VI of the report form. Practical application. The Committee notes the detailed information supplied in the report on the work of the labour inspectorate for 2006, particularly the statistics concerning accidents that occurred in the construction industry. The Committee requests the Government to continue supplying statistics and inspection reports, information on the number of workers covered by the legislation, the number and nature of contraventions reported, and also any information which enables the Committee to gain a clearer picture of the manner in which the Convention is applied in practice in the country.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the information in the Government’s first report, including the information that the Government has initiated the process of drafting legislation to give effect to the provisions of this Convention with the assistance of the General Inspection of Labour and Social Security and a tripartite working group specifically for the rural sector. The Committee also notes the observations submitted by the Central Organization of Workers (PIT–CNT) expressing concerns over insufficiencies regarding labour inspections, working conditions for employees in the agricultural sector, including loss of life and the lack of guarantees protecting workers in this sector. In the light of the foregoing, the Committee requests the Government urgently to take all relevant measures to implement the Convention, to inform the Committee of any progress in this respect, and to submit copies of any new legislation giving effect to this Convention as soon as it has been adopted, accompanied by a detailed report on its application.

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

1. The Committee notes the information contained in the Government’s reports. It observes that they do not contain information concerning any future legal texts or work for the preparation of such texts. It recalls that the Government has frequently indicated in its reports over a number of years, starting from 1990, that, to supplement Decree No. 406/88 prescribing general regulations on safety and health conditions, two decrees were being examined to implement existing standards and adopt new standards to regulate activities involving specific health risks, such as exposure to benzene. The Committee requests the Government to confirm its intention to adopt regulations in the near future, in accordance with Article 14(a) of the Convention, establishing such measures as may be necessary to give full effect to the Convention and to provide information on the progress achieved in this respect. The Committee also requests the Government to provide further clarifications in its next report on the following matters.

2. Article 4, paragraph 2, of the Convention. Obligation to prohibit the use of benzene and of products containing benzene as a solvent or diluent, except where the process is carried out in an enclosed system or where there are other equally safe methods of work. The Committee refers to its previous comments concerning the Government’s indication that, by virtue of section 3 of Decree No. 183/982 of 27 May 1982 concerning measures for the protection of workers against the risks caused by carcinogenic substances and agents, the following uses of benzene are prohibited: as a solvent, when other products can be used instead, and the use of benzene to make waterproof items. In this respect, the Committee notes once again that the wording of this prohibition is very ambiguous as it would appear to mean that the use of benzene as a solvent is prohibited in processes where it can be substituted by other products and that it is also prohibited in processes for making waterproof clothing. Noting the need to amend this section so as to clearly specify the prohibition of all uses of benzene as a solvent, the Committee requests the Government to indicate the measures adopted to give effect to this provision.

3. Article 7, paragraph 1. Use of enclosed systems for work processes involving the use of benzene or of products containing benzene. With reference to its previous comments, the Committee notes that the national legislation does not establish the obligation to use an enclosed system for processes involving the use of benzene. It requests the Government to indicate the manner in which, by practical or other measures, it is ensured that work processes involving the use of benzene or of products containing benzene shall as far as practicable be carried out in an enclosed system.

4. Article 8, paragraph 2. Obligation to use adequate means of personal protection against the risk of inhaling benzene vapour. The Committee notes that, under the terms of section 27(B) of the Decree of 14 September 1945 respecting the production and use of benzene, the employer was obliged to provide respiratory masks to workers engaged in particularly dangerous work processes involving benzene. The Committee requests the Government to indicate the manner in which, by practical or other measures, it is ensured that the respiratory masks referred to in section 27(B) of the Decree are provided to workers who, due to the nature of their work, may be exposed to concentrations of benzene in the air exceeding a maximum value of 25 parts per million.

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

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. Further to its observation, the Committee notes the Government’s latest report, as well as the adoption of Basic regulation of radiological protection and safety, Norma UY100, approved by resolution of 28 June 2002 of the Ministry of Industry, Energy and Mining. It requests the Government to provide supplementary information on the following point.

2. Article 14 of the Convention. Alternative employment or other measures offered for maintaining income when continued assignment to work involving exposure is medically inadvisable. With reference to its previous comments regarding the Government’s indications related to the approval of resolution No. 9 of 12 November 1990 on basic standards on radiological protection, issued by the National Directorate of Nuclear Technology, which follows the philosophy enshrined in the Convention with regard to the offer of alternative employment to workers whose continued assignment to work involving exposure to ionizing radiation would be contraindicated for health reasons, the Committee notes that the Government’s latest report contains no information in this respect. In this context, the Committee wishes to draw the Government’s attention to paragraph 32 of its 1992 general observation under the Convention where it is indicated that every effort must be made to provide the workers concerned with suitable alternative employment or to maintain their income through social security measures or otherwise where continued assignment to work involving exposure to ionizing radiations is found to be medically inadvisable. The Committee requests the Government to provide in its next report information on measures taken to ensure the application of Article 14 of the Convention with due regard being given to the Committee’s general observation of 1992 under this Convention.

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.

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

1. The Committee notes with satisfaction the adoption of Basic regulation of radiological protection and safety, Norma UY100, approved by resolution of 28 June 2002 of the Ministry of Industry, Energy and Mining, which establishes legally-fixed dose limits of exposure for various categories of workers (Article 1, Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention), a dose limit of ionizing radiation, of the same level as for the general public, for workers not directly engaged in radiation work, but who remain or pass through places where they may be exposed to ionizing radiation (Article 8), the requirement to elaborate and supervise training programmes for workers, as well as to install an identification system for sources of potential exposure to radiation (Article 9), the requirement to draw up medical supervision programmes for workers (Article 13(a)), the arrangements to carry out inspection activities of the National Directorate of Nuclear Technology (Article 15) and the necessary arrangements for emergency situations and accidents.

2. The Committee is addressing a request directly to the Government on certain other matters.

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

1. Article 1 of the Convention. Periodical determination of the carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization or control. With reference to its previous comments regarding the information on the responsibility of the Ministry of Public Health to update and revise the tables, annexed and referred to in sections 2-6 of Decree No. 183/982 of 29 May 1982, on measures to protect workers against the hazards caused by carcinogenic substances or agents, the Committee notes with interest the adoption of the National Code of 18 February 2004 on the compulsory notification of diseases and sanitary events. The mentioned legal text contains a list of diseases, including occupational ones, which shall be declared within a prescribed deadline. The Committee points out that this text does not create any mechanism ensuring that the carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization or control. The Committee urges the Government to make due efforts in order to give effect to this Article of the Convention.

2. Article 3. Practical measures to protect workers against the risks of exposure to carcinogenic substances and agents. With reference to its previous comments regarding the establishment by the General Labour and Social Security Inspection Service (IGTSS) of a register of communications made by enterprises using carcinogenic substances and agents, in conformity with section 9 of the abovementioned Decree No. 183/982, the Committee notes that the Government’s latest report is silent in relation to any action to ensure the application in practice of this Article. The Committee once again requests the Government to adopt the appropriate practical measures to give effect to this provision of the Convention.

3.  Article 5. Workers’ medical examination during the period of employment and thereafter. The Committee notes with interest that article 1 of the resolution of the Ministry of Health establishes a basic scheme of chemical and physical risk factors, the respective modalities of medical control for each factor, as well as the determination of specific periods of control. Article 2 of the same resolution prescribes that values of each substance will be updated once every year. A special health control plan can be required by a physician specialist in industrial medicine and occupational health which should include the periodicity of control, as is laid down in article 3 of the resolution. Taking due note of the mentioned provisions of the resolution in question, the Committee recalls that this article prescribes that medical examinations shall be carried out after employment. With reference to its previous comments and while the Government’s latest report is silent with respect to the existence of any provision which gives effect to this point of the Convention, the Committee requests the Government to take necessary measures to ensure that medical examinations should be carried out after the period of employment.

4. Article 6, paragraph (c). Measures to provide that appropriate inspection is to be carried out. With reference to its previous comments regarding the requirement to provide appropriate inspection services for supervising the application of the Convention, as well as regarding the specific plan for supervising the enterprises which handle or use carcinogenic substances that should be set up by the IGTSS, in accordance with article 11 of Decree No. 183/982, the Committee notes that the Government’s latest report does not contain the information requested. The Committee refers to the indication made by the Government in its earlier report that inspections are carried out only as a result of declarations by workers. The Committee urges the Government to take necessary measures to adopt provisions in order to ensure the application of this Article of the Convention and requests the Government to provide information on the organization, functions and powers of the inspection services responsible for supervising the application of the provisions of the Convention.

5. Part IV of the report form. Statistical data. In the absence of any information concerning practical application of the Convention which was requested in its previous comment, the Committee expresses the hope that the Government will take the necessary measures to collect and communicate statistics on the number of workers protected by legislation, or other measures which give effect to the Convention, disaggregated by sex if possible, the number and nature of the contraventions reported and the number, nature and cause of cases of disease.

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).

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s last report and the information communicated in response to its previous comments. It would draw the Government’s attention to the following points on which additional information is required.

1. Article 1, Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention. The Committee notes the Government’s indication that currently Decree No. 406/88 of 3 June 1988 to revise regulatory provisions on occupational safety and health to conform to new labour conditions and Decree No. 519/984 of 21 November 1984 to regulate activities relating to the use of radioactive materials and ionizing materials are the main legislative texts applicable in the area of radiation protection. The Government, however, confirms the Committee’s previous comments that the above Decrees only partly give effect to the provisions of the Convention. In this context, the Committee notes Act No. 16.736 of 5 January 1996 on the National Budget, which contains in its paragraph 8 certain provisions related to radiation protection. However, there are no provisions establishing dose limits of workers’ exposure to ionizing radiations. The Government nevertheless indicates that the Recommendations of the International Commission on Radiological Protection (ICRP), the organization internationally recognized for its assessments of the state of the art in this field which provides inter alia for dose limits of workers’ exposure, are applied. The Committee accordingly requests the Government to indicate the manner in which the ICRP Recommendations are implemented and thus are binding at the national level. In this respect, the Committee further notes the Government’s indication that the Radiological Protection Bill, submitted to Parliament during the previous legislative period, incorporates the ICRP Recommendations, which are reproduced in the 1994 International Basic Safety Standards. The Bill, once it is in force, will oblige the users of radiation sources to meet the requirements set up to attain an effective control of ionizing radiation sources in the country, as well as to apply the requirements established for adequate working procedures with regard to the use of protective elements for workers, patients and the general public. The Committee, observing that the Radiological Protection Bill is under consideration since 1995, hopes that its adoption will take place in the near future; and that it will contain, inter alia, provisions setting forth exposure limits for the various categories of workers which replicate the latest Recommendations of the ICRP of 1990 and are reflected in the 1994 International Basic Safety Standards, in order to ensure effective protection of workers exposed to ionizing radiation in the course of their work, as provided for in these Articles of the Convention.

2. Article 8. With reference to the Committee’s previous comments, the Government limits itself to reiterate the content of section 24 of Decree No. 406/88, according to which the dose limit of ionizing radiation for workers not directly exposed in the course of their work, but who remain or pass through places where they may be exposed to ionizing radiation, is to be established at the same level as for the general public. The Committee, therefore, expresses again the hope that the Government will take the necessary measures to establish the dose limit of exposure for the general public. In this respect, the Committee recalls to the Government that the annual dose limit recommended by the ICRP in 1990 for the general public is 1 mSv.

3. Article 9. The Committee notes the Government’s indication that the signs for indicating dangers are those recommended by the International Atomic Energy Agency in its Basic Safety Standards, and that the existence of warning signs placed at the entrance within these areas are under supervision. Although the frequency of inspections regarding the existence of these signs is not regulated, in practice there are annual inspections in high-risk and medium-risk areas and inspections every two years in low-risk areas. The Committee requests the Government to give further particulars on the concrete warning systems used, and to indicate the manner in which the degree of risk is determined, which then influences the frequency of inspections. As to the requirement to provide the necessary information on the warning systems to the workers, the Government repeats the information given in its previous report to the effect that plans are currently being made with the National University to improve the level of training relating to radiological protection. The Committee, with a view to the time elapsed since the activities on the issue have been started with the National University, requests the Government to indicate whether any results have already been obtained to guarantee that the workers concerned are in fact provided with the necessary information on radiation protection. In this respect, the Committee would recall the importance of thorough information of the workers concerned representing a prerequisite for providing effective protection to them against the dangers arising from their exposure to ionizing radiations.

4. Article 13(a). With regard to the medical examination of workers in specified circumstances resulting from the nature or degree of their exposure, the Committee notes the Government’s indication that, in cases of injuries to workers of "probable radiological origin", subsequent studies are carried out in the offices of the National Commission on Atomic Energy of the Republic of Argentina. The Committee requests the Government to give particulars on the nature of this study and to indicate whether these studies also comprise medical examinations of the workers concerned.

5. Article 14. With regard to the provision of alternative employment possibilities to workers having prematurely accumulated their lifetime dose of ionizing radiation and to pregnant women, the Committee notes with interest the Government’s indication on the approval of resolution No. 9 of 12 November 1990 on Basic Standards on Radiological Protection, issued by the National Directorate of Nuclear Technology, which follows the philosophy enshrined in the Convention with regard to the offer of alternative employment possibilities to workers whose continued assignment to work involving exposure to ionizing radiation would be contraindicated for health reasons. While the above resolution is not available to the Committee, it was not possible to determine the extent to which the resolution would give effect to this principle derived from Article 14 of the Convention. It therefore would be grateful if the Government would communicate, with its next report, a copy of the above resolution for examination.

6. Article 15. The Committee notes the Government’s indication concerning the different competent authorities in the field of radiation protection and their responsibilities. As to the inspections, section 2 of Decree No. 519/84 confers the power to carry out inspections to the National Commission on Atomic Energy. Further to its previous comments, the Committee requests the Government to give additional information on the manner in which the inspections are carried out. To this effect, the Committee would ask the Government to supply extracts of inspection reports containing the relevant information on the methods used during the inspection of enterprises where workers are exposed to ionizing radiation in the course of their work.

7. Emergency situations and accidents. The Committee notes the Government’s indication that it has ratified through Act No. 16.075 of 11 October 1989, the Conventions on the immediate notification of nuclear accidents and on assistance in cases of nuclear accidents or radiological emergencies, approved by the General Conference of the International Atomic Energy Agency on 26 September 1986. The Committee further notes the Government’s indication that article 13 of resolution No. 9 of 12 November 1990 on Basic Standards on Radiological Protection, issued by the National Directorate of Nuclear Technology, provides for prior authorization in the case of workers’"planned special exposure". The Committee would draw again the Government’s attention to the indications given in paragraphs 16-27 and 35(c) of its 1992 general observation under the Convention. In particular, paragraph 19, referring to the ICRP Recommendations, indicates that the ICRP no longer includes the notion of "planned special exposure". Regarding the limitation of occupational exposure in emergencies, the ICRP now concludes that occupational exposure directly due to an accident can be limited only by the design of the plant and its protective features and by the provision of emergency procedures. The Committee, therefore, hopes that the Government will take the necessary measures in the framework of the examination of the Radiation Protection Bill, i.e. the insertion of provisions on workers’ exposure in emergencies reflecting the matters raised in paragraphs 16-27 and 35(c) of its 1992 general observation.

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

The Committee notes the information supplied by the Government in its report.

Article 1 of the Convention. The Committee recalls that, in conformity with section 12 of Decree No. 183/982 of 29 May 1982, issuing measures intended to protect workers against the hazards caused by carcinogenic substances or agents, it is provided that the Ministry of Public Health shall be responsible for updating and revising the tables referred to in sections 2 6 which appear as annexes to the Decree. The Committee recalls that, according to Article 1 of the Convention, each Member which ratifies the Convention shall periodically determine the carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization or control. It also recalls that in making these determinations consideration shall be given to the latest information contained in the codes of practice or guides which may be established by the International Labour Office, as well as to information from other competent bodies. The Committee requests the Government to inform it whether the aforementioned tables, annexed to Decree No. 183/982, determining carcinogenic substances or agents have been revised and what sources of information were used to determine them.

Article 3. The Committee notes the Government’s indications in reply to its previous comments to the effect that, to date, no supervisory system has been established in practice to ensure compliance with this Article of the Convention by the General Labour and Social Security Inspection Service (IGTSS). The Committee recalls that the Government indicated that the IGTSS intended to establish a register - in conformity with section 9 of the abovementioned Decree No. 183/982 - of communications made by enterprises which used carcinogenic substances or agents. The Committee observes from the Government’s latest report that measures have not been adopted to comply with the provisions in sections 8 and 9 of Decree No. 183/982, which would result in application of Article 3. Furthermore, the Committee understands from the Government’s statement that practical measures have not been adopted to give effect to the provisions of Articles 2 and 4 of the Convention. The Committee therefore requests the Government to adopt the appropriate practical measures to give effect to these Articles of the Convention.

Article 5. The Committee notes the indication by the Government of the measures to ensure that workers are provided with periodic medical examinations and the indication that, to date, no rules have been laid down in regard to specific medical examinations to be carried out before exposure to carcinogenic substances. The Committee recalls that, since submission of the Government’s first report in 1982, it has emphasized the lack of means to give effect to this Article of the Convention which provides that medical examinations shall be carried out after employment. The Committee notes that in one of its previous reports the Government indicated that it had designated a technical committee at the Institute of Oncology of the Ministry of Public Health to lay down a list of clinical and paraclinical checks for the workers concerned from the time of recruitment. The Government also indicated that section 31 of the Decree of 7 February 1987 laid down that medical examinations are compulsory for workers after they have left their employment. Nevertheless, in the light of the information provided by the Committee in its report, it does not appear that the aforementioned Decree has entered into force. The Committee observes that none of the provisions cited by the Government give effect to this point of the Convention, and in practice it is not applied. The Committee therefore requests the Government to take the necessary measures to give effect to this provision of the Convention.

Article 6. The Committee notes with concern the Government’s information to the effect that inspection programmes to supervise application of the present Convention have not been set up. Specifically, the IGTSS has not put into practice a specific plan for supervising the enterprises which handle or use carcinogenic substances as provided in article 11 of Decree No. 183/982. The Government indicates, furthermore, that inspections are carried out only as a result of declarations by workers. The Committee recalls that Article 6, paragraph (c), of the Convention lays down that each Member who ratifies the Convention shall take such steps as may be necessary to give effect to the provisions of the Convention or ensure that adequate inspection is carried out. The Committee urges the Government to indicate the provisions being adopted to ensure application of this Article of the Convention and requests that it supply information on the organization, functions and powers of the inspection services responsible for supervising application of the provisions of the Convention.

The Committee notes the Government’s information to the effect that the IGTSS does not have a statistics department which processes the information contained in reports, records, investigations of occupational accidents, etc. The Committee requests the Government, in accordance with Part IV of the report form, to take the necessary measures to collect and communicate statistics on the number of workers protected by legislation or on other measures which give effect to the Convention, the number and nature of the contraventions reported, the number, nature and cause of cases of disease.

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.

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

The Committee notes the information provided by the Government in its report for the period from 1 July 1994 to 30 July 1996.

1. Article 1 of the Convention. The Committee notes the information supplied by the Government in which it indicates that the Radiological Protection Bill has been submitted to Parliament which is currently examining and debating it. The Committee notes that for the purposes of preparing the Bill, a working group was set up comprising representatives of public and private institutions and professional associations and trade unions working in the field of ionizing radiation. The Committee requests the Government to provide a copy of the final text once it has been adopted.

2. Article 3, paragraph 1, and Article 6, paragraph 2. The Committee notes with interest that in its report, the Government indicates that the recommendations made by the International Commission on Radiological Protection (ICRP) and the International Atomic Energy Agency are being applied, and that these recommendations will be implemented in the draft legislation. The Government also indicates that once the Radiological Protection Bill has been adopted, users will be obliged to meet requirements set to achieve effective control of the sources of ionizing radiation, as well as requirements relating to working procedures appropriate to the use of protective elements for workers, patients and the general public. The Committee requests the Government to provide information on any developments in this regard.

3. Article 8. Noting that section 24 of Decree No. 406/88 establishes the dose limit of ionizing radiation for workers not exposed in the course of their work, but who remain in or pass through places where they may still be exposed to ionizing radiation, at the same level as for the general public. Referring to the Radiological Protection Bill, the Committee hopes that these limits will be included in the legislative text and will comply with the ICRP recommendations issued in 1990 and the 1994 International Basic Safety Standards.

4. Article 9. The Committee notes the information provided by the Government in which it indicates the requirement for the appropriate use of warnings in each report or calculation made regarding protection. The Government also states that during each inspection the operation of the warning systems is verified. The Committee requests the Government to indicate which warning systems are used, how often the inspections referred to are made and also, where appropriate, to supply information on the enterprises inspected and the checks made. With reference to appropriate information for and instruction of workers to ensure that suitable warnings are used, the Government indicates that plans are being made to improve levels of training by the National University on aspects relating to radiological protection. In this respect, the Committee requests the Government to indicate in its next report the practical and legislative measures taken or envisaged in relation to Article 9, paragraph 2.

5. Article 13, paragraph (a). In its previous request, the Committee asked the Government to indicate whether the investigations referred to in the Decree of 9 December 1942 relating to injuries of "probable radiological origin" included medical examinations for workers in cases of irradiation or radioactive contamination. In its report, the Government states that section 302 of Act No. 16.736 establishes the compulsory use of personal dosimetry for all persons exposed to ionizing radiation in the course of their work. This section also provides for authorization by DINATEN (National Nuclear Technology Directorate) to make exceptions in cases where this is justified. The Committee would be grateful if the Government would indicate the procedure for medical examinations conducted and provide information on the provisions applying in cases of irradiation or radioactive contamination which require an appropriate examination, together with details of the other measures provided for under this Article of the Convention.

6. Article 15. The Committee notes the information supplied by the Government to the effect that, according to section 2 of Decree No. 519/84, the national authority with supervisory powers over the use and application of radioactive substances and ionizing radiation is the National Atomic Energy Commission. The Committee requests the Government to indicate, in its next report, by what method such inspections will be made in enterprises whose activities involve the exposure of workers to ionizing radiation.

7. Alternative employment. (a) Accumulation of a lifetime dose. Noting that the Government has not replied to the question raised in paragraph 5 of its previous direct request, and referring to paragraphs 28 to 34 of its general observation of 1992 and the principles reflected in paragraphs 96 and 238 of the basic international standards issued in 1994, the Committee wishes once again to ask the Government to indicate what measures it has taken or intends to take in order to ensure that persons who do not show external signs of injuries, but who have accumulated exposure beyond which detriment considered unacceptable is to occur, may also benefit from the protection guaranteed by section 53 of the Executive Authority Decree of 9 December 1942.

(b) Pregnant women. Noting that Chapter III, section 25, paragraph (b), of Decree No. 406/88 expressly prohibits pregnant women and minors of both sexes under the age of 18 from working in conditions of exposure to ionizing radiation, the Committee requests the Government to indicate the measures taken or envisaged to guarantee the offer of alternative employment to pregnant women.

8. Emergency situations and accidents. Referring to paragraphs 16 to 27 and 35(c) of its general observation of 1992, and paragraphs 233 and 236 of the International Basic Safety Standards issued in 1994, the Committee requests the Government to indicate in its next report the circumstances in which exceptional exposure is authorized for workers, the measures taken or provided in order to ensure the most effective protection possible against accidents and during emergency operations, in particular with regard to the design and protective features of the workplace and equipment, and the development of emergency intervention techniques, the use of which in emergency situations would enable the exposure of individuals to ionizing radiation to be avoided.

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

The Committee notes the information supplied by the Government in its report.

1. Article 3 of the Convention. The Committee notes the Government's indications to the effect that the general labour and social security inspectorate intends to establish a register in application of section 9 of Decree No. 183/82 of 27 May 1982 (issuing measures intended to protect workers against the hazards caused by carcinogenic substances or agents) which provides that the registers of reports received from enterprises will be kept by the labour inspectorate. The Committee requests the Government to supply information on the follow-up given to this project.

2. Article 5. The Committee notes that in reply to its previous comments on the subject of medical examinations after employment and their periodicity, the Government mentions the compulsory dose-rate checks for workers exposed to ionizing radiation provided in section 302 of Act No. 16736 of 5 January 1996. The Committee requests the Government to indicate whether these workers have medical check-ups after their employment. The Committee recalls that under this article of the Convention, workers exposed to carcinogenic substances or agents must be provided with such medical examinations or biological or other tests or investigations, not only during the period of employment but also thereafter, as are necessary to evaluate their exposure and supervise their state of health in relation to the occupational hazards. This ensures medical supervision of workers in regard to the appearance of symptoms of cancer which may appear only some time after cessation of exposure to carcinogenic substances or agents. The Committee hopes that the Government will supply information on the measures taken to provide workers with appropriate medical supervision after exposure to carcinogenic substances and agents.

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 1995, published 83rd ILC session (1996)

The Committee notes with interest the information supplied by the Government in its first report on the application of the Convention.

1. Article 1 of the Convention. The Committee notes the legislative texts provided by the Government with its report and in particular Decree No. 519/984 of 21 November 1984 to regulate activities relating to the use of radioactive materials and ionizing materials, Decree No. 406/988 of 3 June 1988 to revise regulatory provisions on occupational safety and health to conform to new labour conditions, and Executive Decree of 9 December 1942 to implement Act No. 9744 of 13 December 1937 concerning X-ray and radium services. The Committee further notes that a draft Act on Radiological Protection is currently being considered for approval, and requests the Government to supply a copy of the final text as soon as it is adopted. In this regard the Committee would draw the attention of the Government to the requirement under this Article of the Convention that in applying its provisions the competent authority shall consult with representatives of employers and workers, and would request the Government to indicate the measures taken or envisaged to meet this obligation.

2. Article 3, paragraph 1, and Article 6, paragraph 2. With regard to the maximum permissible doses of ionizing radiations which may be received from sources external or internal to the body and maximum permissible amounts of radioactive substances which can be taken into the body, the Committee notes the Government's indication in its report that the 1990 Recommendations of the International Commission of Radiation Protection and Recommendations of the International Atomic Energy Agency are applied. The Committee requests the Government to specify the manner in which these dose limits in effect are made known to enterprises engaged in activities that involve the exposure of workers to ionizing radiations.

3. Article 9. The Committee notes that the Government indicates in its report that in practice when it is determined during inspections that warnings to indicate hazards do not exist, the report established following such inspection requires that such warnings are used. It requests the Government to indicate the means under Article 1 of the Convention utilized to ensure that there are appropriate warnings to indicate the presence of hazards from ionizing radiations, and that any necessary information in this regard is supplied to the workers.

4. Article 13, paragraph (a). The Committee notes that section 53 of the Executive Decree of 9 December 1942 provides that when a worker incurs an injury that is probably of "radiological origin", he or she shall either be assigned to duties that are not "at risk" or be given special leave, as appropriate. Information regarding such injuries is then transmitted to the technical experts of the Ionising Radiation Accidents Medical Warning System so that they may carry out the necessary studies and investigations. The Committee requests the Government to indicate in its next report whether such necessary investigations include an appropriate medical examination of the injured worker as required under Article 13, paragraph (a) of the Convention.

5. Article 14. Referring to the afore-mentioned section 53 of the Executive Decree of 9 December 1942, the Committee also requests the Government to indicate the measures taken or envisaged to ensure that persons who show no apparent signs of injury but who by continuing to work may be subject to ionizing radiations contrary to qualified medical advice as a result of excessive exposure to ionizing radiations may benefit from the same provisions. In this regard, the Committee draws the attention of the Government to paragraphs 28 to 34 and 35(d) of its 1992 general observation regarding the provision of alternative employment opportunities not involving exposure to ionizing radiations for workers who have accumulated an effective dose beyond which detriment considered unacceptable is to arise.

6. Emergency exposure situations. The Committee notes that under section 15 of Decree No. 519/984 the National Atomic Energy Commission shall establish plans to confront emergencies that could have radiological effects in coordination and cooperation with other national authorities. With reference to paragraphs 16 to 27 and 35(c) of its general observation under the Convention and in the light of paragraphs 233 and 236 of the International Basic Safety Standards, the Committee requests the Government to indicate the steps taken in relation to the matters raised in the above paragraphs, in particular with respect to the strict definition of circumstances in which exceptional exposure might be tolerated, and the optimization of protection during accidents and emergency work through the design and protective features of the workplace and equipment and emergency planning for intervention relying on such techniques as robotized equipment.

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 with interest the indication in the Government's report that workers engaged in activities where there is a risk of exposure to carcinogenic substances must have a yearly "health book" indicating the clinical and laboratory examinations which they have undergone, even after leaving the workplace. It notes that section 3 of Decree No. 406/988 of 3 June 1988 only provides, however, that workers exposed to chemical, biological and physical risks shall be submitted to medical supervision at the beginning of the employment, periodically and upon leaving the employment, in accordance with the standards established by the competent authority. Section 6 of Decree No. 651/990 of 18 December 1990 provides that the medical examinations to be recorded in the health book shall correspond to the type of work activity and shall be undergone with the periodicity determined by the Ministry of Public Health. The Committee would recall that Article 5 of the Convention provides that workers shall undergo medical examinations, as are necessary, after employment in order to ensure that appropriate medical supervision is provided to workers who may not reveal any symptoms of cancer until some time after the period of exposure. The Government is requested to indicate the periodicity determined by the Ministry of Public Health, or other competent authority, with which workers who have been exposed to carcinogenic substances are medically supervised.

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 the information provided by the Government in reply to its previous comments. It recalls that the Government had indicated in its report for the period ending 1 July 1989 that, to complement Decree No. 406/88 prescribing general regulations on safety and health conditions, two decrees were being studied in order to implement existing standards and adopt new standards to regulate activities involving specific health risks, such as exposure to benzene. The Government has indicated in its latest report that no new standards relevant to the application of the Convention have been adopted, but that regulations concerning specific health risks were still being studied. The Government is requested to continue to supply information on any progress made in this regard in future reports. Furthermore, the Government is requested to provide further clarifications in its next report on the following points:

Article 4, paragraph 2. The Committee recalls that under Article 4, paragraph 2 of the Convention, the use of benzene and of products containing benzene as a solvent or diluent shall be prohibited unless the process is carried out in an enclosed system or where there are other equally safe methods of work. The Committee notes the Government's indication that, by virtue of section 3 of Decree No. 183/982 of 27 May 1982 concerning measures for the protection of workers against the risks caused by carcinogenic substances and agents, the following uses of benzene are prohibited: as a solvent, when other products can be used instead and when benzene is used to make waterproof items. The Committee would note that the wording of this prohibition is very ambiguous as it appears to mean that the use of benzene as a solvent is prohibited in processes where it can be substituted with other products and is also prohibited in processes for making waterproof clothing. If Annex II were worded so as to prohibit the use of benzene as a solvent, and the use of benzene when other products can be used instead, and when benzene is used to make waterproof items, the prohibition of all uses of benzene as a solvent would be clear. The Government is, therefore, requested to indicate the measures taken or envisaged to amend this section so as to specify clearly the prohibition of all uses of benzene as a solvent (whether or not other products can be used instead). The Government is also requested to indicate the measures taken to prohibit the use of benzene as a diluent (unless carried out in an enclosed system).

Article 7, paragraph 1, of the Convention. Under Article 7, all work processes involving the use of benzene or products containing benzene shall be carried out in an enclosed system as far as practicable. The Committee notes that section 4 of Decree No. 183/982 provides that the use of the substances listed in table III shall be prohibited unless the process is carried out in an enclosed system. According to the Government's report, benzene is included in this list. The Committee has noted, however, that Bencidina, and not benzene, is on this list. The Committee notes that, under section 2 of the Decree dated 14 September 1945 concerning the production and use of benzol, benzene is excluded from its scope if it is fabricated or used in a closed apparatus, thus impeding the escape of the benzene into the working environment. Furthermore, section 3 of this Decree sets forth strict measures which must be taken by those enterprises using a closed apparatus so as to best ensure that the benzene will not escape into the workplace. The Government is requested to indicate the manner in which, by practical or other measures, it is ensured that, whenever practicable, work processes involving the use of benzene and of products containing benzene are carried out in an enclosed system.

Article 8, paragraph 2. The Committee notes from the Government's report that, in cases where workers may be exposed to concentrations of benzene in the air which exceed the normal exposure limit, the Honorary Commission of Dangerous Work has the option to establish a reduced work day. It further notes that section 5 of the Decree of 1945 provides that the work day for certain work processes involving exposure to benzene shall be limited to four hours. In previous comments, the Committee had noted that, under section 27(B) of this Decree, the employer was obliged to provide workers involved in particularly dangerous work processes involving benzene with respiratory masks. It would recall that, under this Article of the Convention, workers, who for special reasons may be exposed to concentrations of benzene in the air which exceed 25 p.p.m., shall be provided with adequate means of personal protection against the risk of inhaling benzene vapour. The Government is requested to indicate the manner in which, by practical or other measures, it is ensured that the respiratory masks referred to in section 27(B) of the Decree are provided to workers who, due to the nature of their work, may be exposed to benzene vapours exceeding 25 p.p.m. and to indicate whether, in such instances, the Honorary Commission of Dangerous Work has limited the duration of exposure.

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

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 following matters raised in its previous direct request:

Article 5 of the Convention. The Committee noted from the Government's reply to its previous direct request that the revision of the Decree of 7 February 1987 did not alter section 31, which makes medical examinations compulsory for workers after they have left their employment. It also noted, however, that the Decree was still not in force. The Committee also noted that the technical committee set up to establish a list of the clinical and paraclinical examinations recommended for the purpose of Article 5 of the Convention had not yet completed its work. The Committee would be grateful if in its next report the Government would indicate the measures taken to ensure that workers exposed to carcinogenic substances or agents are provided with medical examinations or biological and other tests or investigations after their period of employment, in accordance with Article 5 of the Convention.

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.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes with interest the adoption of Decree No. 406/88 of 17 June 1988 prescribing general regulations on safety and health conditions. In particular, concerning the applications of Article 1 and Article 2, paragraph 1, of the Convention, it notes that this Decree applies to all public or private establishments of an industry, commerce or services nature and that Part IV, Chapters I and II of the Decree regulate all workplaces where workers are exposed to the chemical, physical or biological agents listed in the Table of Hygienic Limits approved by the Minister of Public Health on 1 October 1982. The Government has indicated in its report that two complementary decrees are presently being studied and that one of these will implement existing standards and adopt new standards to regulate the activities in which workers are exposed to specific health risks, such as activities involving exposure to benzene. The Committee hopes that the specific regulations concerning exposure to benzene will be adopted in the near future and that they will include the provisions necessary for the full application of the following Articles of the Convention:

Article 4, paragraph 2. The use of benzene and of products containing benzene as a solvent or dilutent shall be prohibited by national laws or regulations, unless the process is carried out in an enclosed system.

Article 7, paragraph 1. The Committee would recall that Article 7 provides that, as far as practicable, work processes involving the use of benzene or products containing benzene shall be carried out in an enclosed system. The Government is requested to indicate the measures taken or envisaged to ensure that work processes involving the use of benzene are carried out in an enclosed system.

Article 8, paragraph 2. The Committee notes that Part IV, Chapter V, Sections 11 and 12 of Decree No. 406/88 ensure provision of adequate means of respiratory protection in workplaces where the air is contaminated with elements to such an extent as to be a risk to life or health. The Committee would recall, however, that Article 8, paragraph 2, concerns the special situation where a worker may be exposed to concentrations of benzene in the air which exceed the maximum determined by the competent authority, and for this reason requires not only the provision of adequate means of personal protection but also provides that the duration of exposure shall be limited as far as possible, even when the necessary means of personal protection are provided to the worker. The Government is requested to indicate the measures taken or envisaged in this regard. [The Government is requested to report in detail for the period ending 30 June 1990.]

Direct Request (CEACR) - adopted 1988, published 75th ILC session (1988)

Article 5 of the Convention. The Committee notes from the Government's reply to its previous direct request that the revision of the Decree of 7 February 1987 did not alter section 31, which makes medical examinations compulsory for workers after they have left their employment. It also notes, however, that the Decree is still not in force. The Committee also notes that the technical committee set up to establish a list of the clinical and paraclinical examinations recommended for the purpose of Article 5 of the Convention has not yet completed its work. The Committee would be grateful if in its next report the Government would indicate the measures taken to ensure that workers exposed to carcinogenic substances or agents are provided with medical examinations or biological and other tests or investigations after their period of employment, in accordance with Article 5 of the Convention.