Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comments: C.115, C.119 and C.120

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health, the Committee considers it appropriate to examine Conventions Nos 115 (radiation protection), 119 (guarding of machinery) and 120 (hygiene (commerce and offices)) together.

Legislation and national policy on occupational safety and health. The Committee notes that the Government indicates the adoption of the following legislation: (i) Act No. 5804/17, which establishes the national system for the prevention of occupational hazards; (ii) Decision No. 03/2022 of the Ministry of Labour, Employment and Social Security (MTESS), which regulates the content and frequency of the mandatory health examinations for recruitment and periodical health examinations of workers, and other aspects related to occupational safety and health, in accordance with Decree No. 5078/2021 of 5 April 2021; and (iii) MTESS Decision No. 359/16, which regulates the procedure for the registration of professionals performing duties in the area of occupational safety and health, and which establishes the related categories, requirements and penalties. The Committee also notes the Government’s indications in its report that the MTESS and the Ibero-American Social Security Organization forged a strategic alliance through the signature of a memorandum of understanding to develop and apply a national occupational safety and health policy, and provide quality specialization training for inspectors from the MTESS.

Application in practice of Conventions Nos 115, 119 and 120. The Committee notes the Government’s indications that, during the COVID-19 pandemic, in 2020, 9,733 inspections were carried out in enterprises for the enforcement of compliance with occupational safety and health standards in the 17 departments of the country. The Government also indicates that, during the first half of 2021, the General Directorate of Labour Inspection and Monitoring, under the Annual Management Plan, carried out 94 inspections in enterprises, delivered 450 notifications to enterprises for the preventive enforcement of compliance with existing legal standards, and 969 checks on compliance with the health protocols and health provisions in force within the context of the COVID-19 pandemic. The Committee also notes the Government’s indications that a series of courses and seminars on occupational safety and health were delivered to inspectors, regional directors of the MTESS and occupational safety and health officers, and an event on the promotion of a safe and healthy working environment as a fundamental principle at work was held in June 2023. The Committee requests the Government to provide information on the application in practice of the ratified Conventions on occupational safety and health, including the number and cause of occupational accidents and diseases reported, and information on the inspection activities carried out, including the number of investigations and inspections conducted and the number of offences detected and the penalties imposed, including in commerce and offices.

A. Protection against specific risks

Radiation Protection Convention, 1960 (No. 115)

Articles 1, 3(1) and (2), and 6 of the Convention. Measures to ensure the effective protection of workers against ionizing radiations in the light of current knowledge. Revision of the maximum permissible doses of ionizing radiation. Consultations with the social partners. The Committee notes that the Government indicates in its report the adoption of the Basic Regulations on radiation protection and safety of ionizing radiation sources, by means of Decision No. 006/2016 of the Board of Directors of the Radiological and Nuclear Regulatory Authority (D-ARRN), which was amended by D-ARRN Decision No. 26/2016 of 22 September 2016. The Committee notes the Government’s reference to sections 73 to 85 of the Regulations concerning maximum permissible doses of ionizing radiation. In this regard, the Committee notes that the following limits are in line with the exposure limits recommended by international bodies: (i) with regard to the dose limits for the occupational exposure of workers aged over 18: (a) an effective average dose of 20 mSv per year within a period of five consecutive years, with a total of 100 mSv during the five years; (b) an effective dose of 50 mSv in a single year; (c) an equivalent dose to the lens of the eye of 20 mSv in a year; and (d) an equivalent dose to the extremities (hands and feet) and to the skin of 500 mSv in a year (section 75 of the Regulations); and (ii) concerning students aged between 16 and 18 years who require the use of ionizing radiation in the course of their studies: (a) an effective dose of 6 mSv in a year; (b) an equivalent dose to the lens of the eye of 20 mSv in a year; and (c) an equivalent dose to the extremities (hands and feet) or the skin of 150 mSv in a year (section 77 of the Regulations). Regarding the limits for emergency workers, pregnant or breastfeeding workers, and workers who are not directly engaged in radiation work, the Committee refers to Articles2, 6 and 8 below. With reference to its comments on Articles 2, 6 and 8, the Committee requests the Government to provide information on the updating of the maximum permissible doses of ionizing radiations established in the Basic Regulations on radiation protection and safety of ionizing radiation sources in the subsequent years, based on the development of new knowledge, and in consultation with the social partners.

Article 2. Activities involving exposure of workers to ionizing radiation in the course of their work. Emergency workers. The Committee notes that, while section 73 of the Basic Regulations on radiation protection and safety of ionizing radiation sources establishes special limits for exceptional circumstances, it does not provide a definition of those circumstances. The Committee notes that section 74 of the Regulations provides that the dose limits established in the Regulations only apply to planned exposure, with the exception of medical exposure and existing exposure. With reference to paragraphs 36 and 37 of its General Observation of 2015, the Committee requests the Government to provide information on the measures adopted or envisaged to: (i) establish the circumstances constituting an emergency; (ii) guarantee that the reference levels selected are within the 20–100 mSv band or, where possible, below that band; and (iii) ensure that no emergency worker is subject to an exposure in an emergency in excess of 50 mSv.

Article 6. Maximum permissible doses of ionizing radiation for pregnant and breastfeeding workers. The Committee notes that section 87 of the Basic Regulations on radiation protection and safety of ionizing radiation sources provides that, once pregnancy is declared, working conditions must be such that it is highly improbable that the individual equivalent dose to the surface of the abdomen exceeds 2 mSv. The Committee recalls that the methods of protection at work for pregnant workers should provide a level of protection for the embryo/foetus broadly similar to that provided for members of the public, which is 1 mSv, and that, once an employer has been notified of the pregnancy of a worker, additional controls must be considered in order to attain this level of protection for the embryo/foetus. Furthermore, in order to ensure the same level of protection for breastfed infants, the same principle must apply to breastfeeding workers (paragraph 12 of the General Observation of 2015). However, the Committee observes that section 87 of the Regulations does not mention breastfeeding workers. With reference to paragraph 12 of its General Observation of 2015, the Committee requests the Government to provide information on the measures adopted or envisaged to ensure an annual dose limit of ionizing radiation of 1 mSv for pregnant and breastfeeding workers.

Article 8. Maximum permissible doses of ionizing radiation for workers who are not directly engaged in radiation work. The Committee notes that section 78 of the Basic Regulations on radiation protection and safety of ionizing radiation sources establishes the estimated average doses for relevant critical groups of members of the public, which are in accordance with the recommendations of the International Commission on Radiological Protection, but does not provide for anything on workers who are not directly engaged in radiation work. With reference to paragraph 35 of its General Observation of 2015, the Committee requests the Government to indicate whether the dose limits established for relevant critical groups of members of the public in section 78 of theBasic Regulations on radiation protection and safety of ionizing radiation sources include workerswho are not directly engaged in radiation work and, if not, to specify the limits established for this category of workers.

Article 14. Employment involving exposure to ionizing radiation contrary to medical advice. Further to its previous comments, the Committee notes the Government’s indications in its report that section 8 of Decree No. 7550/2017, which regulates Act No. 5508, of 28 October 2015, on the promotion and protection of maternity and support for breastfeeding, establishes that, during pregnancy, workers who are regularly engaged in work considered by the competent authority as harmful to their health shall be reassigned, with no reduction in their remuneration, to other work that is not detrimental to their condition. In addition, the Committee notes that, while the Government also refers to section 60 of the Basic Regulations on radiation protection and safety of ionizing radiation sources, it does not provide that workers must not be assigned to work that may expose them to ionizing radiation contrary to qualified medical advice. The Committee also notes that section 96 of the aforementioned Regulations sets out the obligation to make appropriate arrangements or agreements to provide occupational medical surveillance in accordance with the provisions established by the Radiological and Nuclear Regulatory Authority and the recommendations of the International Atomic Energy Agency on this matter. While it notes the information provided by the Government on pregnant workers, the Committee requests the Government to provide information on the measures adopted or envisaged 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.

Guarding of Machinery Convention, 1963 (No. 119)

Articles 2 and 4 of the Convention. Prohibition of the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards. Noting the lack of information provided by the Government in its report, the Committee requests it to provide information on the measures adopted or envisaged to ensure that the sale and hire of machinery of which the dangerous parts are without appropriate guards are prohibited by national legislation or are prevented by other equally effective measures. The Committee also requests the Government to provide information on the measures adopted or envisaged to ensure that the persons included in Article 4 of the Convention apply Article 2 of the Convention.

B. Protection in specific branches of activity

Hygiene (Commerce and Offices) Convention, 1964 (No. 120)

Article 6 of the Convention.Adequate inspection services.With reference to the previous request of the Committee on inspections and application in practice, the Committee notes the information provided and refers to its comments above on the application in practice of the ratified Conventions.

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 the Government’s indication in its report that the application of this Article of the Convention is reflected in the diagnostic services and treatment afforded to pregnant workers who are subjected to occupational exposure, and in the measures adopted to protect the foetus from ionizing radiation or, if applicable, to transfer pregnant women from their posts without affecting their income during pregnancy. The Committee 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. These measures must apply to all workers, not just to pregnant women. 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.

Application in practice. The Committee notes the Government’s indication that it will continue to provide information on the application of the Convention in practice but notes that the Government has not replied to its request of 2009. The Committee once again requests the Government to provide information on the application of the Convention in practice, including information on the number of workers covered by the Convention and the number and nature of reported violations.

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

Legislation. The Committee notes the Government’s report and the attached legislation, including Act No. 5115 of 29 November 2013, creating the Ministry of Labour, Employment and Social Security, which has responsibility for, inter alia, developing policies and establishing regulations on occupational safety and health, in coordination with the Ministry of Public Health and Social Welfare and the Social Insurance Institute, and for monitoring and ensuring compliance with the legislation.

Article 6(1) of the Convention. Appropriate measures taken by the inspectorate. Application of the Convention in practice. With reference to its previous comments, the Committee notes the Government’s statement that, due to the creation of the new Ministry of Labour, Employment and Social Security, it is in the process of administrative reorganization, which includes the establishment and strengthening with ILO support of the Directorate for Inspection and Supervision. The Committee notes an inspection report. The Committee requests the Government to provide information on the manner in which the Convention is applied in Paraguay, including the number of workers covered by the legislation relating to the Convention, and on problems of application and trends in the types of violations identified by the labour inspectorate.

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

Articles 2 and 4 of the Convention. Prohibition of the sale, hire, transfer in any other manner or exhibition of machinery of which the dangerous parts are without appropriate guards. For several years, the Committee has been requesting the Government to adopt the necessary measures so that provisions expressly prohibiting the sale, hire, transfer in any other manner or exhibition of machinery of which the dangerous parts are without appropriate guards are incorporated into the national legislation, so that the obligation to ensure compliance with this prohibition rests on the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor and their respective agents, and that penalties are provided for in order to implement the provisions of the Convention. The Committee notes the Government’s indication that the legislative alignment is still pending to bring these sections into conformity with the Convention. The Committee also notes that during the ILO technical assistance mission which visited the country in September 2014, the Government and the social partners signed a Memorandum of Understanding on international labour standards under which the Tripartite Advisory Council of the Ministry of Labour, Employment and Social Security is assigned to carry out a study into the legislative alignments considered necessary, and their follow-up, in accordance with all ratified international labour Conventions. The Memorandum also provides that, following the agreement regarding the assignment, the corresponding proposals can be drawn up for consideration by the sovereign power of the National Congress of the Republic and that the ILO will cooperate with the Tripartite Advisory Council by providing assistance and support to the assignment. The Committee welcomes the signing of the Memorandum of Understanding in question and trusts that, as a follow-up to the task carried out by the Tripartite Advisory Council, the necessary measures will be taken in order to give effect to these provisions of the Convention. The Committee requests the Government to send information on any developments in this regard.

Application of the Convention in practice. The Committee notes the information provided by the Government and requests it to continue providing information on inspections carried out and offences recorded, including in relation to agricultural machinery.

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

Article 14 of the Convention. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. The Committee refers 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. In the light of the above indications, the Committee reiterates its request to the Government to consider taking 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.

Part V of the report form. Application in practice. The Committee notes that the report refers to two matters relating to application. Firstly, the report indicates that there are some problems regarding compliance with the Convention in some regions of Paraguay, specifically in the interior of the country, where there are few support services for developing a quality assurance programme. For example, the Government refers to the problem of obtaining a certificate of calibration for ionizing radiation equipment located in remote areas, since the country has very few companies which are authorized to provide this service and these are located in the capital, and consequently installations in the most remote places are on a waiting list. This poses problems of compliance with the Convention. Secondly, the Government indicates the lack of a safety culture for workers subjected to exposure since there is no compensation in the occupational safety sphere. The Committee notes that the Government requests assistance from the Office in its report to strengthen the safety culture by means of national and regional training courses for workers subjected to exposure. The Committee agrees that it is vitally important to strengthen a safety and health culture and accordingly draws the Government’s attention to paragraph 306 of its General Survey of 2009 on occupational safety and health, in which the Committee considered it imperative that all the parties cooperate in developing and enhancing measures for social protection and healthy and safe working conditions, and considered that it is equally important for all parties to cooperate in promoting a preventative safety and health culture as advocated in the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), and Recommendation No. 197, and for which Convention No. 155, its Protocol of 2002 and Recommendation No. 164 have laid the foundation. The Committee hopes that the Government can avail itself of technical assistance from the Office in order to strengthen a culture of prevention. The Committee also requests the Government to continue to supply information on the application of the Convention in practice, the number of workers protected by the Convention, and the number and nature of infringements reported.

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

The Committee refers to the first paragraph of its comments on the application of the Hygiene (Commerce and Offices) Convention, 1964 (No. 120), in which, among other indications, it notes the Government’s indication that it would be of great significance for it to continue to receive ILO technical assistance related to occupational safety and health as it has been observed that the workers, in particular, are not aware of the labour legislation in relation to the prevention of employment accidents and occupational diseases.

Articles 2 and 4 of the Convention. Prohibition of the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards. In its previous comments, the Committee noted that ILO assistance had been requested in 2006 for a revision of the provisions that are in force respecting occupational safety and health and to regulate and discuss, on a tripartite basis, matters relating to Articles 4 and 15 of the Convention. The Committee expressed the hope that, following revision, the national legislation would contain provisions explicitly prohibiting the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards, and that the obligation to ensure compliance with the prohibition would rest on the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor and their respective agents, and would establish penalties to give effect to the provisions of the Convention. The Committee notes the Government’s indication that the measures of application are only laid down in national regulations, but observes that the Government has not provided copies of these regulations. The Committee also notes that, according to the Government’s report, information is not available on the revision of the legislation referred to previously. The Committee requests the Government to: (a) provide information on the national regulations to which it refers in its report and which give effect to these Articles of the Convention; (b) adopt the necessary measures, where appropriate, to give full effect to these Articles of the Convention; and (c) indicate whether a revision is being undertaken of the legislation and provide details in this respect.

Part V of the report form. Application in practice. The Committee notes the information on the inspections carried out and the difficulties relating to the availability of resources. It also notes the attached copies of inspection forms provided by the Government, which contain a section on machinery and tools, in which it is necessary to indicate whether there are appropriate guards for the moving parts. The Committee requests the Government to provide information on the types of violations reported in relation to this part of the form that was provided and to continue to provide any available information on the application of the Convention in practice. The Committee requests the Government to provide information on the sectors in which the principal problems relating to the guarding of machinery have been identified.

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

The Committee notes the Government’s detailed report. It takes note of a CD, which, according to the report, is the first digital publication of the labour legislation and includes the Occupational Safety, Health and Medicine Technical Regulations, as well as the Recommendation to the Convention. The CD was produced with support from the ILO HIV/AIDS Programme in Paraguay. The report indicates that to have further ILO support in this area would be most important since it has become clear that workers are not familiar with the labour legislation, particularly the parts relating to the prevention of occupational accidents and diseases.

Article 3 of the Convention. Cases where it is doubtful whether an establishment, institution, or administrative service is one to which the Convention applies. The Government states that problems have been detected in the case of subcontracting enterprises, which hire the services of outside personnel, and that the responsibility for workers’ rights becomes blurred in the process. In this connection the Ministry of Justice and Labour signed an agreement in September 2008 with the Public Procurement Unit to make compliance with the labour legislation and occupational health and safety standards an express requirement, and to establish that the cost structure include social benefits and the purchase of individual protective equipment, and that contracts lay down penalties for non-compliance. The Committee requests the Government to continue to provide information in this regard and hopes that the Office can continue to provide the Government with the necessary technical assistance.

Article 6, paragraph 1, and Part IV of the report form. Appropriate measures taken by the inspectorate and application of the Convention in practice. The Committee notes with interest the Government’s unflagging efforts to improve safety and health inspection and to provide information. The Government indicates that in the previous administration, for the period 2007–08, inspections were carried out in response to complaints and sometimes ex officio. The Government further indicates that in the period 2008–09, in view of the number of reports of corruption in the inspection process, the following measures have been taken: inspection forms have been produced in order to standardize and systematize the information obtained; procedures have been analysed in order to optimize deadlines; emphasis has been placed on dissemination of information; operations have been carried out under the programme “Decent work in rural areas, the construction sector, cattle raising and other establishments”; ex officio inspections have been carried out, there being too few inspectors to respond to complaints. The Committee requests the Government to continue to provide information on the application of the Convention in practice, on the work of the inspection service in this area and on its impact and its results.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

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

Article 6, paragraph 1, and Part IV of the report form. Appropriate measures taken by the inspection service and the application of the Convention in practice. The Committee notes that the Government provides virtually no new information in response to its previous comment. The Committee must therefore reiterate its request to the Government to provide information in its next report on the manner in which effect is given in practice to the provision of the Convention including information on the employed persons covered by the relevant legislation and the number and nature of the infringements reported, as well as extracts from inspection reports to enable the Committee to assess the effectiveness of the supervision carried out.

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

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

1. The Committee notes the information in the Government’s latest report. As it contains very little new information in reply to the Committee’s previous comments, the Committee is once again required to draw the Government’s attention to the following points.

2. Article 2, paragraphs 1 and 2, and Articles 4 and 15 of the Convention. Prohibition of the sale, hire, transfer, in any other manner, and exhibition of machinery of which the dangerous parts are without appropriate guards and penalties. With reference to its previous comments, the Committee notes the information provided by the Government that enterprises that use machinery and/or equipment without protection are penalized. It also notes once again that ILO assistance has been requested in 2006 for a revision of the provisions that are in force respecting occupational safety and health to regulate and discuss on a tripartite basis matters relating to Articles 4 and 15 of the Convention. The Committee hopes that, following revision, the national legislation will contain provisions explicitly prohibiting the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards, providing that the obligation to ensure compliance with this prohibition shall rest on the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor and their respective agents, and establishing penalties to give effect to the provisions of the Convention. The Committee requests the Government to provide a copy of the revised text once it has been adopted.

3. Part V of the report form. Application of the Convention in practice. The Committee notes the inspections carried out in the enterprise Aceros del Paraguay-Acepar S.A. pursuant to Inspection Order No. 79/07 and in the enterprise Achon Industrial pursuant to Inspection Order No. 80/07. The Committee requests the Government to provide more ample information regarding the application in practice of the present Convention including statistical data on labour inspections, the number and nature of the infringements reported, the number and nature and cause of the accidents occurring, etc.

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

1. The Committee notes the information in the Government’s latest report.

2. Article 6, paragraph 1, and Part IV of the report form. Appropriate measures taken by the inspection service and the application of the Convention in practice. The Committee notes that the Government provides virtually no new information in response to its previous comment. The Committee must therefore reiterate its request to the Government to provide information in its next report on the manner in which effect is given in practice to the provision of the Convention including information on the employed persons covered by the relevant legislation and the number and nature of the infringements reported, as well as extracts from inspection reports to enable the Committee to assess the effectiveness of the supervision carried out.

[The Government is asked to reply in detail to the present comments in 2008.]

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

1. The Committee notes the information contained in the Government’s report. It notes with satisfaction the adoption of Decree No. 10754/2000 including provisions giving effect to Article 3, paragraph 1 (measures taken to ensure effective protection of workers against ionizing radiation), Article 4 (obligation to arrange and conduct activities to ensure effective protection), Article 5 (restricting exposure to ionizing radiation to the lowest practicable level), Article 6, paragraph 1 (maximum permissible doses of ionizing radiations for various categories of workers) and Article 7, paragraph 1 (maximum permissible doses for workers under the age of 18), of the Convention.

2. Article 2 of the Convention and Part V of the report form. Application of the Convention. The Committee notes that according to the Department for the Protection against Radiation of the Directorate for the Control of Occupational Health and Health establishments of the Ministry of Health, Social Welfare Decree No. 10754/2000 applies to all workers occupationally exposed to ionizing radiations in the country. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in the country, including, for instance, extracts from official reports and information on any practical difficulties in the application of the Convention.

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

1. The Committee notes the information contained in the Government’s report. As the report does not contain replies to its previous comments, the Committee once again draws the Government’s attention to the following points.

2. Article 2, paragraphs 1 and 2, and Articles 4 and 15 of the Convention. Prohibition of the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards and penalties. With reference to its previous comments, the Committee notes the information provided by the Government that enterprises which use machinery and/or equipment without protection are penalized. It also notes that ILO assistance has been requested in 2006 for a revision of the provisions that are in force respecting occupational safety and health to regulate and discuss on a tripartite basis matters relating to Articles 4 and 15 of the Convention. The Committee hopes that, following this revision, the national legislation will contain provisions explicitly prohibiting the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards, providing that the obligation to ensure compliance with this prohibition shall rest on the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor and their respective agents, and establishing penalties to give effect to the provisions of the Convention. The Committee requests the Government to provide a copy of the revised text with its next report.

3. Part V of the report form. Application of the Convention in practice. The Committee notes the copy of the inspections carried out which was attached to the report. It notes that the report of the inspection in La Planta Industrial Siderúrgica “Aceros del Paraguay S.A. – CEPAR” bears little relation to the application of the Convention. It also notes that, according to the Government’s report, there are no precise statistical data for the period between 1 June 1999 and 31 May 2005. The Committee hopes that the Government will adopt the necessary measures to compile and communicate in its next report indications on the manner in which the Convention is applied in practice, and particularly statistical data on the number and nature of the infringements reported, the number, nature and cause of the accidents occurring, etc.

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

1. The Committee notes the information contained in the Government’s report and notes that the report contains almost no relevant information in reply to the observations made to the Government in 2000, 2003, 2004 and 2005. The Committee therefore urges the Government to reply to the following questions.

2. Article 6, paragraph 1, and Part IV of the report form. Appropriate measures taken by the inspection services and the application of the Convention in practice. The Committee notes that compliance with the laws that are in force is ensured by the labour inspection services by means of visual inspections, where necessary, accompanied by instruments to measure the levels of noise and temperature. Recommendations and indications of appropriate corrective measures are proposed to improve working conditions and the working environment. The Committee also notes that the changes which have to be made to improve working conditions and the working environment depend on the gravity of the risks that exist, and that the necessary measures have to be adopted within a specific time frame (2, 7, 15, 30, 45 days) and that subsequent inspections are carried out once this period has ended. With regard to the application of the Convention in practice, the Committee notes the Government’s indications that the infringements detected relate to noisy environments, lack of illumination and ventilation, excessive heat and the use of inadequate personal protective equipment. The Committee requests the Government to provide information in its next report on the manner in which effect is given in practice to the provisions of the Convention, including information on the employed persons covered by the relevant legislation and the number and nature of the infringements reported, as well as extracts from inspection reports to enable the Committee to assess the effectiveness of the supervision carried out.

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

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:

Article 2, paragraphs 1 and 2, Articles 4 and 15. Further to its previous comments, the Committee notes the information that the Government has noted the need to prohibit expressly by laws or regulations or other equally effective measures, the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards, and to require the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor or their respective agents to ensure compliance with this prohibition. It notes however that contrary to the Government’s statement, section 391 of the Labour Code does not provide for penalties concerning the enforcement of provisions of the Convention covering, in addition to the employer, the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor or their agents as required by Articles 4 and 15 of the Convention. The Committee hopes the Government will soon take the necessary measures to prohibit expressly the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards (Article 2, paragraphs 1 and 2), and to provide for penalties to enforce the provisions of the Convention (Article 15).

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

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

1. The Committee notes that the Minister of Public Health and Social Welfare has issued various resolutions concerning workers’ exposure to ionizing radiations, in particular in the health sector. It further notes the Government’s indication that resolution No. 678 of 16 July 1979 establishing standards concerning the risks related to the use of X-rays and radiotherapy in medical applications, has been repealed. 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 are now fixed by resolution No. 488/90, issued by the Minister of Public Health and Social Welfare, approving technical standards and a manual on radiological protection and nuclear safety in the health sector. The Committee, noting that only the health sector is covered by resolution No. 488/90, requests the Government to indicate the activities, other than those in the health sector, which involve exposure to ionizing radiation and to provide information on the measures taken or contemplated to ensure that the provisions of the Convention are applied to all workers exposed to ionizing radiations in the course of their work, in accordance with Article 2 of the Convention.

2. Article 3, paragraph 1, Article 6, paragraph 1, and Article 4. The Committee notes that article 54 of resolution No. 488/90 refers to the dose limits established by the International Commission on Radiological Protection (ICRP) in 1990 to ensure effective protection of workers, which also served as a basis for the International Safety Standards of 1994. Pursuant to article 55(a) of resolution No. 488/90, the annual dose limit of exposure to ionizing radiation for workers directly engaged in radiation work is 50 mSv. The ICRP however adopted in 1990 a value of 20 mSv as the annual dose limit, averaged over five years (100 mSv), with the further provision that the effective dose should not exceed 50 mSv in any single year. With regard to the dose limits for pregnant women once the pregnancy is declared, article 58 in conjunction with article 66 of the above resolution provides for a dose limit which is three-tenths of the dose limits established for radiation workers, thus 15 mSv per year. The Committee would therefore draw the Government’s attention to the explanations given in paragraph 13 of its 1992 general observation under the Convention where it referred to the Recommendations of the ICRP. In its current Recommendations, the ICRP recommends that the methods of protection at work for women who may be pregnant should provide a standard of protection for any unborn child broadly comparable with that provided for members of the general public, which are not to be exposed to more than 1 mSv. Once the pregnancy is declared, a supplementary equivalent dose limit of 2 mSv should be applied to the surface of the abdomen (lower trunk) for the remainder of the pregnancy. In this respect, the Committee notes with interest the Government’s indication that in practice the dose limits adopted by the international organs are applied. At present, the Minister of Public Health and Social Welfare has submitted a draft law, which reflects the dose limits adopted by the ICRP in 1990. The Committee therefore requests the Government to indicate the present status of the above draft law within the legislative process. It further would ask the Government to supply a copy of the above draft law as soon as it has been adopted.

3. Article 5. The Committee notes that pursuant to article 54 of resolution No. 488/90, the objectives of effective radiation protection are determined by the application of the terms "justification", "optimization" and "limitation of individual doses", in conformity with the requirements set forth by the ICRP. It further notes that the above terms are defined in the introductory remarks to article 54 of resolution No. 488/90. However, this resolution as well as the other legislative texts adopted, neither do they really require that every effort has to be made to restrict the exposure of workers to the lowest practicable level, nor do they provide that any unnecessary exposure must be avoided by all parties concerned. The Committee therefore requests the Government to indicate the measures taken or contemplated to restrict workers’ exposure to the lowest practicable level, and to ensure that any unnecessary exposure to ionizing radiations is avoided. In addition, the Committee asks the Government to explain the legal nature of the introductory remarks to each chapter of resolution No. 488/90, and to indicate in particular whether these remarks are binding and can therefore be used as a basis for legal claims.

4. Article 6, paragraph 2. The Committee notes that article 54 of resolution No. 488/90 refers to the dose limits established by the ICRP in order to optimize the protection of workers against ionizing radiations. The Committee understands from the above that the Government is obliged to review the maximum permissible dose limits established in the light of the current knowledge in order to comply with the dose limits adopted by the ICRP in 1990. In this respect, it notes again the Government’s indication that a draft law is being prepared following the new dose limits adopted by the ICRP in 1990. The Committee hopes that the draft law will be adopted in the near future reflecting the current dose limits recommended by the ICRP concerning exposure to ionizing radiations.

5. Article 7, paragraph 1(a). Pursuant to article 55(a) of resolution No. 488/90, the dose limits for workers aged over 18 and who are directly engaged in radiation work is 50 mSv per year. The Committee recalls that the annual dose limit established by the ICRP for this category of workers is 20 mSv. The Committee accordingly hopes that the new draft law will be adopted in the near future and comply with the dose limit established by the ICRP which also served as a basis for the International Safety Standards of 1994.

6. Part V of the report form. The Committee notes the extracts of inspection reports which have been supplied with the Government’s report, as well as the analysis of the results received by measurements carried out with dosemeters in order to supervise exposure to ionizing radiations of personnel employed at the "Centro de Imágenes Golden Center". The Committee invites the Government to continue to provide information on the practical application of the Convention in the country.

2. The Committee reiterates its deep concern on the serious situation shown in its previous comments, as well as the absence of new information. The Committee urges the Government to make every effort to take the necessary action in the very near future.

[The Government is asked to reply in detail to the present comments in 2006.]

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

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

Article 6 and Part IV of the report form. The Committee notes the Government’s indication that one of the inspection measures is the measurement of the temperature and the level of noise at the workplace. Depending on the results of these measurements, the inspector makes proposals and gives recommendations in order to improve the conditions prevailing at the workplace. The subsequent controls are carried out in intervals of 2, 7, 15, 30, 45, etc. days depending on the particular risk found during the inspection. The Committee, taking due note of this information, invites the Government to continue to supply information on the manner in which effect is given to the provisions of the Convention in practice.

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

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

The Committee notes with regret 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:

Article 2, paragraphs 1 and 2, Articles 4 and 15. Further to its previous comments, the Committee notes the information that the Government has noted the need to prohibit expressly by laws or regulations or other equally effective measures, the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards, and to require the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor or their respective agents to ensure compliance with this prohibition. It notes however that contrary to the Government’s statement, section 391 of the Labour Code does not provide for penalties concerning the enforcement of provisions of the Convention covering, in addition to the employer, the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor or their agents as required by Articles 4 and 15 of the Convention. The Committee hopes the Government will soon take the necessary measures to prohibit expressly the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards (Article 2, paragraphs 1 and 2), and to provide for penalties to enforce the provisions of the Convention (Article 15).

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

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

1. The Committee notes that the Minister of Public Health and Social Welfare has issued various resolutions concerning workers’ exposure to ionizing radiations, in particular in the health sector. It further notes the Government’s indication that resolution No. 678 of 16 July 1979 establishing standards concerning the risks related to the use of X-rays and radiotherapy in medical applications, has been repealed. 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 are now fixed by resolution No. 488/90, issued by the Minister of Public Health and Social Welfare, approving technical standards and a manual on radiological protection and nuclear safety in the health sector. The Committee, noting that only the health sector is covered by resolution No. 488/90, requests the Government to indicate the activities, other than those in the health sector, which involve exposure to ionizing radiation and to provide information on the measures taken or contemplated to ensure that the provisions of the Convention are applied to all workers exposed to ionizing radiations in the course of their work, in accordance with Article 2 of the Convention.

2. Article 3, paragraph 1, Article 6, paragraph 1, and Article 4. The Committee notes that article 54 of resolution No. 488/90 refers to the dose limits established by the International Commission on Radiological Protection (ICRP) in 1990 to ensure effective protection of workers, which also served as a basis for the International Safety Standards of 1994. Pursuant to article 55(a) of resolution No. 488/90, the annual dose limit of exposure to ionizing radiation for workers directly engaged in radiation work is 50 mSv. The ICRP however adopted in 1990 a value of 20 mSv as the annual dose limit, averaged over five years (100 mSv), with the further provision that the effective dose should not exceed 50 mSv in any single year. With regard to the dose limits for pregnant women once the pregnancy is declared, article 58 in conjunction with article 66 of the above resolution provides for a dose limit which is three-tenths of the dose limits established for radiation workers, thus 15 mSv per year. The Committee would therefore draw the Government’s attention to the explanations given in paragraph 13 of its 1992 general observation under the Convention where it referred to the Recommendations of the ICRP. In its current Recommendations, the ICRP recommends that the methods of protection at work for women who may be pregnant should provide a standard of protection for any unborn child broadly comparable with that provided for members of the general public, which are not to be exposed to more than 1 mSv. Once the pregnancy is declared, a supplementary equivalent dose limit of 2 mSv should be applied to the surface of the abdomen (lower trunk) for the remainder of the pregnancy. In this respect, the Committee notes with interest the Government’s indication that in practice the dose limits adopted by the international organs are applied. At present, the Minister of Public Health and Social Welfare has submitted a draft law, which reflects the dose limits adopted by the ICRP in 1990. The Committee therefore requests the Government to indicate the present status of the above draft law within the legislative process. It further would ask the Government to supply a copy of the above draft law as soon as it has been adopted.

3. Article 5. The Committee notes that pursuant to article 54 of resolution No. 488/90, the objectives of effective radiation protection are determined by the application of the terms "justification", "optimization" and "limitation of individual doses", in conformity with the requirements set forth by the ICRP. It further notes that the above terms are defined in the introductory remarks to article 54 of resolution No. 488/90. However, this resolution as well as the other legislative texts adopted, neither do they really require that every effort has to be made to restrict the exposure of workers to the lowest practicable level, nor do they provide that any unnecessary exposure must be avoided by all parties concerned. The Committee therefore requests the Government to indicate the measures taken or contemplated to restrict workers’ exposure to the lowest practicable level, and to ensure that any unnecessary exposure to ionizing radiations is avoided. In addition, the Committee asks the Government to explain the legal nature of the introductory remarks to each chapter of resolution No. 488/90, and to indicate in particular whether these remarks are binding and can therefore be used as a basis for legal claims.

4. Article 6, paragraph 2. The Committee notes that article 54 of resolution No. 488/90 refers to the dose limits established by the ICRP in order to optimize the protection of workers against ionizing radiations. The Committee understands from the above that the Government is obliged to review the maximum permissible dose limits established in the light of the current knowledge in order to comply with the dose limits adopted by the ICRP in 1990. In this respect, it notes again the Government’s indication that a draft law is being prepared following the new dose limits adopted by the ICRP in 1990. The Committee hopes that the draft law will be adopted in the near future reflecting the current dose limits recommended by the ICRP concerning exposure to ionizing radiations.

5. Article 7, paragraph 1(a). Pursuant to article 55(a) of resolution No. 488/90, the dose limits for workers aged over 18 and who are directly engaged in radiation work is 50 mSv per year. The Committee recalls that the annual dose limit established by the ICRP for this category of workers is 20 mSv. The Committee accordingly hopes that the new draft law will be adopted in the near future and comply with the dose limit established by the ICRP which also served as a basis for the International Safety Standards of 1994.

6. Part V of the report form. The Committee notes the extracts of inspection reports which have been supplied with the Government’s report, as well as the analysis of the results received by measurements carried out with dosemeters in order to supervise exposure to ionizing radiations of personnel employed at the "Centro de Imágenes Golden Center". The Committee invites the Government to continue to provide information on the practical application of the Convention in the country.

The Committee expresses its deep concern on the serious situation shown in its previous comments, as well as the absence of new information. The Committee urges the Government to make every effort to take the necessary action in the very near future.

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

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat a part of its previous observation, which read as follows:

Article 6 and Part IV of the report form. The Committee notes the Government’s indication that one of the inspection measures is the measurement of the temperature and the level of noise at the workplace. Depending on the results of these measurements, the inspector makes proposals and gives recommendations in order to improve the conditions prevailing at the workplace. The subsequent controls are carried out in intervals of 2, 7, 15, 30, 45, etc. days depending on the particular risk found during the inspection. The Committee, taking due note of this information, invites the Government to continue to supply information on the manner in which effect is given to the provisions of the Convention in practice.

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

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

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 the Government’s report and the information and replies to its previous comments on Articles 7 and 14 of the Convention, and on the validity of resolution No. 649/80.

Article 2, paragraphs 1 and 2, Articles 4 and 15. Further to its previous comments, the Committee notes the information that the Government has noted the need to prohibit expressly by laws or regulations or other equally effective measures, the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards, and to require the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor or their respective agents to ensure compliance with this prohibition. It notes however that contrary to the Government’s statement, section 391 of the Labour Code does not provide for penalties concerning the enforcement of provisions of the Convention covering, in addition to the employer, the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor or their agents as required by Articles 4 and 15 of the Convention. The Committee hopes the Government will soon take the necessary measures to prohibit expressly the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards (Article 2, paragraphs 1 and 2), and to provide for penalties to enforce the provisions of the Convention (Article 15).

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

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat a part of its previous observation which read as follows:

Article 6 and Part IV of the report form. The Committee notes with interest the Government’s indication that one of the inspection measures is the measurement of the temperature and the level of noise at the workplace. Depending on the results of these measurements, the inspector makes proposals and gives recommendations in order to improve the conditions prevailing at the workplace. The subsequent controls are carried out in intervals of 2, 7, 15, 30, 45, etc. days depending on the particular risk found during the inspection. The Committee, taking due note of this information, invites the Government to continue to supply information on the manner in which effect is given to the provisions of the Convention in practice.

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

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s report and the information and replies to its previous comments on Articles 7 and 14 of the Convention, and on the validity of resolution No. 649/80.

Article 2, paragraphs 1 and 2, Articles 4 and 15. Further to its previous comments, the Committee notes the information that the Government has noted the need to prohibit expressly by laws or regulations or other equally effective measures, the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards, and to require the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor or their respective agents to ensure compliance with this prohibition. It notes however that contrary to the Government’s statement, section 391 of the Labour Code does not provide for penalties concerning the enforcement of provisions of the Convention covering, in addition to the employer, the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor or their agents as required by Articles 4 and 15 of the Convention. The Committee hopes the Government will soon take the necessary measures to prohibit expressly the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards (Article 2, paragraphs 1 and 2), and to provide for penalties to enforce the provisions of the Convention (Article 15).

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

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

1. The Committee notes with satisfaction the provision of section 227, paragraphs 1 and 5, of Decree No. 14390 of 1992, determining minimum and maximum standards of temperature and humidity with regard to the climate and nature of work, applying Article 10 of the Convention. It also notes with satisfaction that the provisions of sections 231 and 232 of the abovementioned Decree concerning the reduction of noise and vibrations give full effect to Article 18 of the Convention.

2. The Committee further notes with satisfaction the adoption of the new Penal Code whose section 205 stipulates that the exposure of persons in dangerous workplaces is considered as a punishable act.

3. Article 6 and Part IV of the report form. The Committee notes with interest the Government’s indication that one of the inspection measures is the measurement of the temperature and the level of noise at the workplace. Depending on the results of these measurements, the inspector makes proposals and gives recommendations in order to improve the conditions prevailing at the workplace. The subsequent controls are carried out in intervals of 2, 7, 15, 30, 45 etc. days depending on the particular risk found during the inspection. The Committee, taking due note of this information, invites the Government to continue to supply information on the manner in which effect is given to the provisions of the Convention in practice.

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

The Committee notes the information provided in the Government’s report. It would draw the Government’s attention to the following points.

1. The Committee notes that the Minister of Public Health and Social Welfare has issued various resolutions concerning workers’ exposure to ionizing radiations, in particular in the health sector. It further notes the Government’s indication that resolution No. 678 of 16 July 1979 establishing standards concerning the risks related to the use of X-rays and radiotherapy in medical applications, has been repealed. 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 are now fixed by resolution No. 488/90, issued by the Minister of Public Health and Social Welfare, approving technical standards and a manual on radiological protection and nuclear safety in the health sector. The Committee, noting that only the health sector is covered by resolution No. 488/90, requests the Government to indicate the activities, other than those in the health sector, which involve exposure to ionizing radiation and to provide information on the measures taken or contemplated to ensure that the provisions of the Convention are applied to all workers exposed to ionizing radiations in the course of their work, in accordance with Article 2 of the Convention.

2. Article 3, paragraph 1, Article 6, paragraph 1, and Article 4. The Committee notes that article 54 of resolution No. 488/90 refers to the dose limits established by the International Commission on Radiological Protection (ICRP) in 1990 to ensure effective protection of workers, which also served as a basis for the International Safety Standards of 1994. Pursuant to article 55(a) of resolution No. 488/90, the annual dose limit of exposure to ionizing radiation for workers directly engaged in radiation work is 50 mSv. The ICRP however adopted in 1990 a value of 20 mSv as the annual dose limit, averaged over five years (100 mSv), with the further provision that the effective dose should not exceed 50 mSv in any single year. With regard to the dose limits for pregnant women once the pregnancy is declared, article 58 in conjunction with article 66 of the above resolution provides for a dose limit which is three-tenths of the dose limits established for radiation workers, thus 15 mSv per year. The Committee would therefore draw the Government’s attention to the explanations given in paragraph 13 of its 1992 general observation under the Convention where it referred to the Recommendations of the ICRP. In its current Recommendations, the ICRP recommends that the methods of protection at work for women who may be pregnant should provide a standard of protection for any unborn child broadly comparable with that provided for members of the general public, which are not to be exposed to more than 1 mSv. Once the pregnancy is declared, a supplementary equivalent dose limit of 2 mSv should be applied to the surface of the abdomen (lower trunk) for the remainder of the pregnancy. In this respect, the Committee notes with interest the Government’s indication that in practice the dose limits adopted by the international organs are applied. At present, the Minister of Public Health and Social Welfare has submitted a draft law, which reflects the dose limits adopted by the ICRP in 1990. The Committee therefore requests the Government to indicate the present status of the above draft law within the legislative process. It further would ask the Government to supply a copy of the above draft law as soon as it has been adopted.

3. Article 5. The Committee notes that pursuant to article 54 of resolution No. 488/90, the objectives of effective radiation protection are determined by the application of the terms "justification", "optimization" and "limitation of individual doses", in conformity with the requirements set forth by the ICRP. It further notes that the above terms are defined in the introductory remarks to article 54 of resolution No. 488/90. However, this resolution as well as the other legislative texts adopted, neither do they really require that every effort has to be made to restrict the exposure of workers to the lowest practicable level, nor do they provide that any unnecessary exposure must be avoided by all parties concerned. The Committee therefore requests the Government to indicate the measures taken or contemplated to restrict workers’ exposure to the lowest practicable level, and to ensure that any unnecessary exposure to ionizing radiations is avoided. In addition, the Committee asks the Government to explain the legal nature of the introductory remarks to each chapter of resolution No. 488/90, and to indicate in particular whether these remarks are binding and can therefore be used as a basis for legal claims.

4. Article 6, paragraph 2. The Committee notes that article 54 of resolution No. 488/90 refers to the dose limits established by the ICRP in order to optimize the protection of workers against ionizing radiations. The Committee understands from the above that the Government is obliged to review the maximum permissible dose limits established in the light of the current knowledge in order to comply with the dose limits adopted by the ICRP in 1990. In this respect, it notes again the Government’s indication that a draft law is being prepared following the new dose limits adopted by the ICRP in 1990. The Committee hopes that the draft law will be adopted in the near future reflecting the current dose limits recommended by the ICRP concerning exposure to ionizing radiations.

5. Article 7, paragraph 1(a). Pursuant to article 55(a) of resolution No. 488/90, the dose limits for workers aged over 18 and who are directly engaged in radiation work is 50 mSv per year. The Committee recalls that the annual dose limit established by the ICRP for this category of workers is 20 mSv. The Committee accordingly hopes that the new draft law will be adopted in the near future and comply with the dose limit established by the ICRP which also served as a basis for the International Safety Standards of 1994.

6. Part V of the report form. The Committee notes the extracts of inspection reports which have been supplied with the Government’s report, as well as the analysis of the results received by measurements carried out with dosemeters in order to supervise exposure to ionizing radiations of personnel employed at the "Centro de Imágenes Golden Center". The Committee invites the Government to continue to provide information on the practical application of the Convention in the country.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

1.   The Committee notes with satisfaction the provision of section 227, paragraphs 1 and 5, of Decree No. 14390 of 1992, determining minimum and maximum standards of temperature and humidity with regard to the climate and nature of work, applying Article 10 of the Convention. It also notes with satisfaction that the provisions of sections 231 and 232 of the abovementioned Decree concerning the reduction of noise and vibrations give full effect to Article 18 of the Convention.

2.   The Committee further notes with satisfaction the adoption of the new Penal Code whose section 205 stipulates that the exposure of persons in dangerous workplaces is considered as a punishable act.

3.   Article 6 and Part IV of the report form.  The Committee notes with interest the Government’s indication that one of the inspection measures is the measurement of the temperature and the level of noise at the workplace. Depending on the results of these measurements, the inspector makes proposals and gives recommendations in order to improve the conditions prevailing at the workplace. The subsequent controls are carried out in intervals of 2, 7, 15, 30, 45 etc. days depending on the particular risk found during the inspection. The Committee, taking due note of this information, invites the Government to continue to supply information on the manner in which effect is given to the provisions of the Convention in practice.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes with regret 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:

1. Article 2, paragraphs 1 and 2, Articles 4 and 15 of the Convention. With regard to the comments it has been making for many years, the Committee draws the Government's attention to the need to prohibit expressly, by national laws or regulations or other equally effective measures, the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards, and to require the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor or their respective agents to ensure compliance with this prohibition. The Committee also pointed out that penalties were necessary in order to enforce the prohibition.

In its replies to the Committee's comments, the Government indicates yet again that the provisions of the Labour Code and of resolution No. 649/80 give effect to the above-mentioned provisions of the Convention but that the Committee's comments will be taken into account to ensure better application of the Convention. The Committee asks the Government to take the necessary steps to prohibit expressly the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards (Article 2, paragraphs 1 and 2); to establish the persons responsible for ensuring compliance with the prohibition (Article 4); and to establish the penalties to enforce the provisions of the Convention (Article 15).

2. Articles 7 and 14. The Committee notes section 391 of the Labour Code which provides for penalties for an employer who fails to comply with the provisions of the Code and the technical regulations to eliminate risks in the use of machinery. The Committee asks the Government to indicate the measures taken or envisaged to establish, in accordance with Article 14 of the Convention, the liability of the employer's agent.

3. The Committee notes that section 282 of the new Labour Code, adopted in 1993, provides that the Administrative Authority shall issue the regulations of Title V (on occupational safety, health and well-being), after consulting the most representative organizations of workers and employers. Since resolution No. 649/80 (regulating the safety of machinery), adopted under the former Code, contains provisions giving effect to certain provisions of the Convention, the Committee asks the Government to provide information on the validity of resolution No. 649/80.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

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

In comments it has been making since 1973, the Committee has requested the Government to take the necessary measures to give effect to the following Articles of the Convention: Article 10 (maintenance of a comfortable and steady temperature); Article 18 (reduction of noise and vibrations); and Article 4(b) of the Convention (to give such effect as may be possible and desirable under national conditions to the Hygiene (Commerce and Offices) Recommendation, 1964 (No. 120)). In its report for the year 1992, the Government indicated that Regulations concerning safety and health and occupational medicine had been adopted and would be sent to the Office as soon as they were printed. The Government's latest report refers to Decree No. 14390 which approves the Regulations concerning safety and health and occupational medicine and Decree No. 14204 which establishes the regulations concerning the National Occupational Safety and Health Council and indicates that the draft national safety and health and occupational medicine Act is being reviewed by the National Congress and will be sent to the Office as soon as it is adopted. The Committee trusts that the new legislation will ensure the full application of the Convention and requests the Government to send copies of Decrees Nos. 14390 and 14204, as well as any other relevant legislation adopted, with its next report.

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 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:

1. Article 2, paragraphs 1 and 2, Articles 4 and 15 of the Convention. With regard to the comments it has been making for many years, the Committee draws the Government's attention to the need to prohibit expressly, by national laws or regulations or other equally effective measures, the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards, and to require the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor or their respective agents to ensure compliance with this prohibition. The Committee also pointed out that penalties were necessary in order to enforce the prohibition.

In its replies to the Committee's comments, the Government indicates yet again that the provisions of the Labour Code and of resolution No. 649/80 give effect to the above-mentioned provisions of the Convention but that the Committee's comments will be taken into account to ensure better application of the Convention. The Committee asks the Government to take the necessary steps to prohibit expressly the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards (Article 2, paragraphs 1 and 2); to establish the persons responsible for ensuring compliance with the prohibition (Article 4); and to establish the penalties to enforce the provisions of the Convention (Article 15).

2. Articles 7 and 14. The Committee notes section 391 of the Labour Code which provides for penalties for an employer who fails to comply with the provisions of the Code and the technical regulations to eliminate risks in the use of machinery. The Committee asks the Government to indicate the measures taken or envisaged to establish, in accordance with Article 14 of the Convention, the liability of the employer's agent.

3. The Committee notes that section 282 of the new Labour Code, adopted in 1993, provides that the Administrative Authority shall issue the regulations of Title V (on occupational safety, health and well-being), after consulting the most representative organizations of workers and employers. Since resolution No. 649/80 (regulating the safety of machinery), adopted under the former Code, contains provisions giving effect to certain provisions of the Convention, the Committee asks the Government to provide information on the validity of resolution No. 649/80.

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

In its previous comments the Committee took note of resolution No.678 of 16 July 1979 which establishes standards concerning the risks related to the use of X-rays and radiotherapy in medical applications. The Committee asked the Government to indicate which activities, other than those covered by resolution No. 678, involve exposure to ionizing radiation and to provide detailed information on the measures taken or envisaged to ensure that the provisions of the Convention are applied to all workers exposed to ionizing radiation and that the maximum permissible doses are respected.

The Committee notes the information supplied by the Government in its last report to the effect that resolution No. 678 of 1979 has not been revised, the maximum permissible doses have not been reviewed, appropriate measures to ensure effective protection of workers against ionizing radiations have not been adopted either for health and safety or for exceptional situations or serious incidents, and that practical application is virtually impossible owing to insufficient human, technical and material resources. The Committee notes the Government's statement that an inspection of radiological protection standards in medical establishments revealed no irregularities.

With particular reference to Articles 2, 3, paragraph 1, and 6, paragraph 2, of the Convention the Committee again expresses the hope that the Government will soon be able to report the adoption of appropriate measures which ensure effective protection of workers exposed to ionizing radiation particularly with respect to the specific points raised in the conclusions of the general observation of 1992 (paragraph 35) and which comply with the maximum dose limits referred to therein, in the light of current knowledge as set out in the 1990 Recommendations of the International Commission on Radiological Protection (ICRP) and in the 1994 International Basic Safety Standards for protection against ionizing radiation.

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

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

In comments it has been making since 1973, the Committee has requested the Government to take the necessary measures to give effect to the following Articles of the Convention: Article 10 (maintenance of a comfortable and steady temperature); Article 18 (reduction of noise and vibrations); and Article 4(b) of the Convention (to give such effect as may be possible and desirable under national conditions to the Hygiene (Commerce and Offices) Recommendation, 1964 (No. 120)). In its report for the year 1992, the Government indicated that Regulations concerning safety and health and occupational medicine had been adopted and would be sent to the Office as soon as they were printed. The Government's latest report refers to Decree No. 14390 which approves the Regulations concerning safety and health and occupational medicine and Decree No. 14204 which establishes the regulations concerning the National Occupational Safety and Health Council and indicates that the draft national safety and health and occupational medicine Act is being reviewed by the National Congress and will be sent to the Office as soon as it is adopted. The Committee trusts that the new legislation will ensure the full application of the Convention and requests the Government to send copies of Decrees Nos. 14390 and 14204, as well as any other relevant legislation adopted, with its next report.

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

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the Government's report received at the ILO on 29 March 1993.

1. Article 2, paragraphs 1 and 2, Articles 4 and 15 of the Convention. With regard to the comments it has been making for many years, the Committee draws the Government's attention to the need to prohibit expressly, by national laws or regulations or other equally effective measures, the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards, and to require the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor or their respective agents to ensure compliance with this prohibition. The Committee also pointed out that penalties were necessary in order to enforce the prohibition.

In its replies to the Committee's comments, the Government indicates yet again that the provisions of the Labour Code and of resolution No. 649/80 give effect to the above-mentioned provisions of the Convention but that the Committee's comments will be taken into account to ensure better application of the Convention. The Committee asks the Government to take the necessary steps to prohibit expressly the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards (Article 2, paragraphs 1 and 2); to establish the persons responsible for ensuring compliance with the prohibition (Article 4); and to establish the penalties to enforce the provisions of the Convention (Article 15).

2. Articles 7 and 14. The Committee notes section 391 of the Labour Code which provides for penalties for an employer who fails to comply with the provisions of the Code and the technical regulations to eliminate risks in the use of machinery. The Committee asks the Government to indicate the measures taken or envisaged to establish, in accordance with Article 14 of the Convention, the liability of the employer's agent.

3. The Committee notes that section 282 of the new Labour Code, adopted in 1993, provides that the Administrative Authority shall issue the regulations of Title V (on occupational safety, health and well-being), after consulting the most representative organizations of workers and employers. Since resolution No. 649/80 (regulating the safety of machinery), adopted under the former Code, contains provisions giving effect to certain provisions of the Convention, the Committee asks the Government to provide information on the validity of resolution No. 649/80.

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

In comments it has been making since 1973, the Committee has requested the Government to take the necessary measures to give effect to the following Articles of the Convention: Article 10 (maintenance of a comfortable and steady temperature); Article 18 (reduction of noise and vibrations); and Article 4(b) of the Convention (to give such effect as may be possible and desirable under national conditions to the Hygiene (Commerce and Offices) Recommendation, 1964 (No. 120)). In its report for the year 1992, the Government indicated that Regulations concerning safety and health and occupational medicine had been adopted and would be sent to the Office as soon as they were printed. The Government's latest report refers to Decree No. 14390 which approves the Regulations concerning safety and health and occupational medicine and Decree No. 14204 which establishes the regulations concerning the National Occupational Safety and Health Council and indicates that the draft national safety and health and occupational medicine Act is being reviewed by the National Congress and will be sent to the Office as soon as it is adopted. The Committee trusts that the new legislation will ensure the full application of the Convention and requests the Government to send copies of Decrees Nos. 14390 and 14204, as well as any other relevant legislation adopted, with its next report.

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

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, which read as follows:

Article 2, paragraphs 1 and 2, and Articles 4 and 15, of the Convention. In reply to the Committee's previous comments, the Government has indicated that it will take these into consideration to ensure better application of the Convention. The Committee asks the Government to indicate in its next report the measures taken or envisaged to ensure that, among the persons responsible for ensuring the guarding of machinery, should be included those who sell, rent, transfer in any other manner or exhibit such machines, and that penal sanctions should be foreseen in case of infraction.

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

The Committee notes the information provided in the Government's report and has taken note of resolution No. 678 of 16 July 1979 which establishes standards concerning the risks related to the use of x-rays and radiotherapy. It notes that, by virtue of section 1, this resolution is applicable to work in hospitals, sanatoriums, clinics, dispensaries, dentist and doctor offices, and radiological and anti-cancer centres in which the staff are regularly exposed to x-rays corresponding to an energy level of 1,000,000 electrovolts or less and to radiation from radiotherapy. The Committee would recall, however, that by virtue of Article 2 of the Convention, the provisions of the Convention are to apply to all activities involving exposure of workers to ionizing radiations in the course of work.

The Committee notes the indication in the Government's report that, due to insufficient human, technical and material resources, no measures have been taken to revise dose limits nor to ensure effective protection of workers against the hazards due to ionizing radiations other than the protection afforded by resolution No. 678. The Committee requests the Government to indicate the activities occurring in the country, other than those covered by resolution No. 678, which involve exposure to ionizing radiations and urges the Government to take all necessary measures in the near future to ensure that the provisions of this Convention are applied to all activities involving such exposure. In this regard, the Committee would refer the Government to its general observation of 1992 under this Convention which sets forth, inter alia, the revised maximum dose limits recommended by the International Commission on Radiological Protection in 1990. The Government is requested to supply detailed information on the steps taken or envisaged to ensure the protection of all workers who might be exposed to ionizing radiations, with particular respect to the specific points raised in the Conclusions of the general observation of 1992 (paragraph 35).

[The Government is asked to supply a detailed report for the period ending 30 June 1994.]

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

The Committee notes with interest the indication in the Government's report that the Regulations concerning safety and health and occupational medicine have been adopted and will be sent to the Office as soon as they have been printed. It further notes the Government's indication that these Regulations cover enterprises operated by the State, municipalities and other autonomous or self-governing bodies. The Committee hopes that the new legislation will ensure the application of the following Articles of the Convention which have been the subject of its comments since 1973: Article 10 (maintenance of a comfortable and steady temperature), Article 18 (reduction of noise and vibrations) and Article 4(b) of the Convention (to give such effect as may be possible and desirable under national conditions to the Hygiene (Commerce and Offices) Recommendation, 1964 (No. 120)). The Government is requested to send a copy of the Regulations concerning safety and health and occupational medicine to the Office as soon as a printed copy is available.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

Article 2, paragraphs 1 and 2, and Articles 4 and 15, of the Convention. In reply to the Committee's previous comments, the Government indicates that it will take these into consideration to ensure better application of the Convention. The Committee asks the Government to indicate in its next report the measures taken or envisaged to ensure that, among the persons responsible for ensuring the guarding of machinery, should be included those who sell, rent, transfer in any other manner or exhibit such machines, and that penal sanctions should be foreseen in case of infraction.

Observation (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee notes from the Government's reply to its previous observation that the Bill concerning occupational safety and health and occupational medicine which, according to the previous report, is to take account of all the comments made by the Committee, is at an advanced stage of discussion by the National Congress and will be transmitted to the Office as soon as it is adopted. As the matter has been raised for a number of years, the Committee again expresses the hope that this Bill will be adopted in the very near future in order to ensure the application of Article 10 (temperature of the premises) and Article 18 (reduction of noise and vibrations) of the Convention and, in accordance with Article 4(b), to give such effect as may be possible and desirable under national conditions to the Hygiene (Commerce and Offices) Recommendation, 1964 (No. 120).

In addition, the Committee would again request the Government to supply copies of the rules by which effect is given to the Convention in enterprises operated by the State, municipalities and other autonomous or self-governing bodies to the extent that the above-mentioned Bill does not apply to such enterprises and bodies.

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

The Committee notes that for many years a detailed report on the application of the Convention has not been received. It therefore hopes that the Government's next report will contain the information requested in the report form on the application of the Convention, and in particular on paragraph 1 of Article 3 and paragraph 2 of Article 6, which require the measures of protection and the maximum dose limits to be reviewed in the light of current knowledge. The Committee further requests the Government to attach a copy of Resolution No. 678 of 16 July 1979 to its next report.