Direct Request (CEACR) - adopted 2025, published 113rd ILC session (2025)

The Committee notes that the Government’s reports on the application of Conventions Nos 155 and 187 have not been received. It hopes that the next reports will contain full information on the matters raised in its previous comments.

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos. 13 (white lead), 120 (hygiene (commerce and offices), 136 (benzene), 148 (air pollution, noise and vibration), 155 (OSH) and 187 (promotional framework for OSH) together.

Application in practice of Conventions Nos 13, 120, 136, 148, 155 and 187. The Committee requests the Government to provide information on the application in practice of the ratified OSH Conventions, including the number, nature and cause of occupational accidents and diseases reported, as well as information on the inspection activities carried out, including the number of investigations and inspections conducted and the number of violations detected, corrective measures applied and the penalties imposed.

General provisions

Occupational Safety and Health Convention, 1981 (No. 155) and Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)

• Measures at the national level

Article 2(3) of Convention No. 187. Measures that could be taken to ratify relevant OSH Conventions. In relation to it previous comments, the Committee notes the Government’s indication that there are plans to consider the ratification of the Protocol of 2002 to the Occupational Safety and Health Convention, 1981, the Occupational Health Services Convention, 1985 (No. 161) and the Safety and Health in Mines Convention, 1995 (No. 176). The Committee requests the Government to continue to provide information on the measures that could be taken to ratify relevant OSH Conventions, including the Protocol of 2002 and Conventions Nos 161 and 176. It also requests the Government to provide information on the consultations held in this respect with the most representative employers’ and workers’ organizations.

Article 4(3)(a) of Convention No. 187. National system. Tripartite advisory body. In relation to it previous comments, the Committee notes the Government’s information that the country has a mechanism composed of governmental bodies responsible for OSH (Ministry of Labour and Social Security, Ministry of Public Health, Ministry of the Interior and Science, Technology and the Environment), the Central Organization of Workers of Cuba and the National Organization of Cuban Employers. The Committee requests the Government to provide information on the OSH issues addressed within the framework of the above-mentioned national tripartite mechanism, as well as the frequency of the meetings held.

Article 4(3)(h) of Convention No. 187. Micro, small and medium-sized enterprises. In response to its previous comments, the Committee notes the Government’s information that: (i) Legislative Decree No. 44 of 2021 on the exercise of own-account work establishes the obligation of own-account workers to comply with OSH standards (section 26(g)); (ii) Legislative Decree No. 45 of 2021 on personal penalties in the exercise of own-account work provides for penalties for violations of OSH-related labour law (section 11.1(c)); and (iii) under section 9 of Legislative Decree No. 46 of 2021 on micro, small and medium-sized enterprises, and section 74(d) of the 2013 Labour Code, OSH conditions are guaranteed in micro, small and medium-sized enterprises.

The Government also reports that the National Programme for strengthening OSH 2021–25 covers all economic actors, including micro, small and medium-sized enterprises, and aims to improve working conditions and reduce work-related deaths. The Committee requests the Government to continue to provide information on the measures adopted within the framework of the above National Programme, including the number and content of the training sessions delivered to micro, small and medium-sized enterprises, and their impact on the reduction of occupational accidents and diseases.

Article 5 of Convention No. 187. National programme. In relation to its previous comments, the Committee notes the Government’s information that the National Programme for strengthening OSH 2021–25: (i) was drawn up following consultation with the governmental bodies that govern the branches and activities, and the higher-level top management organizations; and (ii) takes into account the OSH problems identified, the new forms of work organization, as well as the Third Ibero-American OSH Strategy adapted to the Cuban context, which covers effective and safe work procedures and processes, and the improvement of working conditions in workplaces.

The Government also reports that from an evaluation based on accident indicators, such as incidence, frequency, severity and mortality rates, a reduction in occupational injuries and accidents can be noted due to the implementation of appropriate measures in workplaces; and as from 2023, the adherence to planning and the effectiveness of measures to address occupational risks will be measured by means of a digital tool. The Committee requests the Government to provide information on the evaluation carried out of the National Programme for 2021–25, including its eight strategic action lines, in consultation with the most representative workers’ and employers’ organizations, and on how this evaluation contributes to the development of the national programme for the next period. It also requests the Government to provide information on the measures adopted to ensure the development, implementation and monitoring of the new national programme for the next period in consultation with the most representative workers’ and employers’ organizations. It also requests the Government to provide information on the measures taken to ensure that the national programme is widely publicized and, to the extent possible, endorsed and launched by the highest national authorities, in accordance with Article 5(3) of the Convention.

• Measures at the enterprise level

Article 17 of Convention No. 155. Collaboration between enterprises engaged in activities simultaneously at one workplace. In relation with its previous comments in which the Committee noted that the Regulations of the 2014 Labour Code only prescribe OSH-related collaboration between two employers at one workplace with respect to investigation into occupational accidents, the Committee notes the Government’s indication that: (i) there are no limitations to collaboration engaged in activities simultaneously at one workplace; and (ii) an example of such collaboration is that between the Ministry of Energy and Mines and the Ministry of Communication for electrical plant works. The Committee requests the Government to continue to provide information on the measures taken in practice to ensure that, whenever two or more undertakings engage in activities simultaneously at one workplace, they shall collaborate in OSH-related issues, in accordance with Article 17 of the Convention, including the measures taken in this regard in the joint work of the Ministry of Energy and Mines and the Ministry of Communication.

Protection against specific risks

Benzene Convention, 1971 (No. 136)

Legislation. The Committee notes the adoption of Decision No. 253 of 2021, establishing the Regulations for the handling of hazardous chemicals for industrial use, population consumption and hazardous waste. It notes that according to Annex I of the above-mentioned Decision, the use, production, import and export of certain chemicals containing benzene are prohibited. The Committee notes this information.

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Legislation. In response to its previous comments, the Committee notes the Government’s indications relating to the legal provisions that give effect to Articles 4, 5, 8, 13 and 16 of the Convention. In this regard, it notes that the Labour Code establishes the obligation of employers to instruct workers on occupational hazards and procedures for carrying out their work in a safe and healthy manner (section 135), as well as the enforcement labour legislation and implementation of measures set out by the labour inspectorate (sections 190, 191,192 and 193). It also notes that the Regulations of the Labour Code, Decree No. 326 of 2014, set out the preventive actions to be incorporated into an annual OSH programme approved by the manager of the undertaking with the agreement of the trade union organization (section 152); the collaboration between employers and workers to determine the jobs that, because of the hazards they pose, require periodic instruction, and the frequency with which these should be given (sections 153 and 154 in fine); and the infringements of fundamental rights relating to OSH (section 228(a) and (f)).

With regard to the application of Article 8 of the Convention, the Committee notes that Cuban Standard No. 871 of 2011 sets out the criteria for defining the risks of exposure to noise pollution (sections 3.5, 3.19 and 3.20), as well as the exposure limits (sections 3.1, 4.1, 4.5 and 4.6). The Committee requests the Government to provide information on the measures taken to give effect to Articles 11(2), 12 and 15, as well as Articles 8(1), (2) and (3) and 9(a) and (b) of the Convention relating to air pollution and vibration. With regard to Article 6(2) of the Convention, the Committee refers to its previous comments on Article 17 of Convention No. 155.

Protection in specific branches of activity

Underground Work (Women) Convention, 1935 (No. 45)

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism Tripartite Working Group, classified this Convention as an outdated instrument, and placed an item on the agenda of the 112th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also requested the Office to take follow-up action to actively encourage the ratification of up-to-date instruments relating to OSH, including, but not limited to, the Safety and Health in Mines Convention, 1995 (No. 176), and to undertake a campaign to promote the ratification of Convention No. 176. The Committee therefore encourages the Government to give effect to the decision of the Governing Body at its 334th Session (October–November 2018) approving the recommendations of the Standards Review Mechanism Tripartite Working Group and to consider the possibility of ratifying the most up-to-date instruments in this subject area.

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

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

The Committee notes the observations on the application of Convention No. 155 presented by the Independent Trade Union Association of Cuba (ASIC) received in 2022, as well as the Government’s response to those observations.

Articles 7, 9, 11(d) and 19(e) of the Convention. Holding of inquiries where cases of occupational accidents appear to reflect serious situations. Enquiries by workers and their representatives, and their consultation on all aspects of OSH. The Committee notes that, in its observations, ASIC alleges that: (i) OSH conditions at the Saratoga Hotel, including deteriorating infrastructure, resulted in an explosion that caused the deaths of a significant number of workers on 6 May 2022; (ii) the hotel managers avoided taking responsibility for the accident; and (iii) consultations were not held with the workers concerning OSH.

The Committee notes with concern the Government’s indication that the accident resulted in the deaths of 32 hotel workers, as well as 16 passers-by and neighbours. The Committee also notes that the Government, in its reply to ASIC’s observations, indicates that: (i) in accordance with section 192 of the Labour Code, Act No. 116 of 2013, the National Labour Inspection Office began investigating the accident just hours after it occurred; (ii) during the investigation, infringements of the current legislation were detected and the responsibility of the undertakings was established; (iii) in the accident investigation report, the National Labour Inspection Office delivered instructions to re-establish compliance with the legal provisions that had been breached and required that the appropriate persons were held accountable; (iv) those responsible provided the National Labour Inspection Office with the plan of measures to remedy the infringements detected; and (v) the facts related to the accident are being investigated by the competent authorities, and the outcome of this police investigation will lead to the adoption of the appropriate procedural decisions. The Committee firmly hopes that the investigation into the accident that occurred more than one year ago will be concluded shortly and that this will make it possible to determine accountability and impose appropriate penalties. The Committee requests the Government to provide information in this respect. It also requests the Government to study the possibility of setting up a dialogue body with workers or their representatives in order to examine the necessary measures to be taken relating to OSH conditions, including in the hotel industry.

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

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

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

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos. 13 (white lead), 45 (underground work (women)), 120 (hygiene (commerce and offices), 136 (benzene), 148 (air pollution, noise and vibration), 155 (OSH) and 187 (promotional framework for OSH) together.

Application in practice of Conventions Nos 13, 120, 136, 148, 155 and 187. The Committee requests the Government to provide information on the application in practice of the ratified OSH Conventions, including the number, nature and cause of occupational accidents and diseases reported, as well as information on the inspection activities carried out, including the number of investigations and inspections conducted and the number of violations detected, corrective measures applied and the penalties imposed.

General provisions

Occupational Safety and Health Convention, 1981 (No. 155) and Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)

• Measures at the national level

Article 2(3) of Convention No. 187. Measures that could be taken to ratify relevant OSH Conventions. In relation to it previous comments, the Committee notes the Government’s indication that there are plans to consider the ratification of the Protocol of 2002 to the Occupational Safety and Health Convention, 1981, the Occupational Health Services Convention, 1985 (No. 161) and the Safety and Health in Mines Convention, 1995 (No. 176). The Committee requests the Government to continue to provide information on the measures that could be taken to ratify relevant OSH Conventions, including the Protocol of 2002 and Conventions Nos 161 and 176. It also requests the Government to provide information on the consultations held in this respect with the most representative employers’ and workers’ organizations.

Article 4(3)(a) of Convention No. 187. National system. Tripartite advisory body. In relation to it previous comments, the Committee notes the Government’s information that the country has a mechanism composed of governmental bodies responsible for OSH (Ministry of Labour and Social Security, Ministry of Public Health, Ministry of the Interior and Science, Technology and the Environment), the Central Organization of Workers of Cuba and the National Organization of Cuban Employers. The Committee requests the Government to provide information on the OSH issues addressed within the framework of the above-mentioned national tripartite mechanism, as well as the frequency of the meetings held.

Article 4(3)(h) of Convention No. 187. Micro, small and medium-sized enterprises. In response to its previous comments, the Committee notes the Government’s information that: (i) Legislative Decree No. 44 of 2021 on the exercise of own-account work establishes the obligation of own-account workers to comply with OSH standards (section 26(g)); (ii) Legislative Decree No. 45 of 2021 on personal penalties in the exercise of own-account work provides for penalties for violations of OSH-related labour law (section 11.1(c)); and (iii) under section 9 of Legislative Decree No. 46 of 2021 on micro, small and medium-sized enterprises, and section 74(d) of the 2013 Labour Code, OSH conditions are guaranteed in micro, small and medium-sized enterprises.

The Government also reports that the National Programme for strengthening OSH 2021–25 covers all economic actors, including micro, small and medium-sized enterprises, and aims to improve working conditions and reduce work-related deaths. The Committee requests the Government to continue to provide information on the measures adopted within the framework of the above National Programme, including the number and content of the training sessions delivered to micro, small and medium-sized enterprises, and their impact on the reduction of occupational accidents and diseases.

Article 5 of Convention No. 187. National programme. In relation to its previous comments, the Committee notes the Government’s information that the National Programme for strengthening OSH 2021–25: (i) was drawn up following consultation with the governmental bodies that govern the branches and activities, and the higher-level top management organizations; and (ii) takes into account the OSH problems identified, the new forms of work organization, as well as the Third Ibero-American OSH Strategy adapted to the Cuban context, which covers effective and safe work procedures and processes, and the improvement of working conditions in workplaces.

The Government also reports that from an evaluation based on accident indicators, such as incidence, frequency, severity and mortality rates, a reduction in occupational injuries and accidents can be noted due to the implementation of appropriate measures in workplaces; and as from 2023, the adherence to planning and the effectiveness of measures to address occupational risks will be measured by means of a digital tool. The Committee requests the Government to provide information on the evaluation carried out of the National Programme for 2021–25, including its eight strategic action lines, in consultation with the most representative workers’ and employers’ organizations, and on how this evaluation contributes to the development of the national programme for the next period. It also requests the Government to provide information on the measures adopted to ensure the development, implementation and monitoring of the new national programme for the next period in consultation with the most representative workers’ and employers’ organizations. It also requests the Government to provide information on the measures taken to ensure that the national programme is widely publicized and, to the extent possible, endorsed and launched by the highest national authorities, in accordance with Article 5(3) of the Convention.

• Measures at the enterprise level

Article 17 of Convention No. 155. Collaboration between enterprises engaged in activities simultaneously at one workplace. In relation with its previous comments in which the Committee noted that the Regulations of the 2014 Labour Code only prescribe OSH-related collaboration between two employers at one workplace with respect to investigation into occupational accidents, the Committee notes the Government’s indication that: (i) there are no limitations to collaboration engaged in activities simultaneously at one workplace; and (ii) an example of such collaboration is that between the Ministry of Energy and Mines and the Ministry of Communication for electrical plant works. The Committee requests the Government to continue to provide information on the measures taken in practice to ensure that, whenever two or more undertakings engage in activities simultaneously at one workplace, they shall collaborate in OSH-related issues, in accordance with Article 17 of the Convention, including the measures taken in this regard in the joint work of the Ministry of Energy and Mines and the Ministry of Communication.

Protection against specific risks

Benzene Convention, 1971 (No. 136)

Legislation. The Committee notes the adoption of Decision No. 253 of 2021, establishing the Regulations for the handling of hazardous chemicals for industrial use, population consumption and hazardous waste. It notes that according to Annex I of the above-mentioned Decision, the use, production, import and export of certain chemicals containing benzene are prohibited. The Committee notes this information.

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Legislation. In response to its previous comments, the Committee notes the Government’s indications relating to the legal provisions that give effect to Articles 4, 5, 8, 13 and 16 of the Convention. In this regard, it notes that the Labour Code establishes the obligation of employers to instruct workers on occupational hazards and procedures for carrying out their work in a safe and healthy manner (section 135), as well as the enforcement labour legislation and implementation of measures set out by the labour inspectorate (sections 190, 191,192 and 193). It also notes that the Regulations of the Labour Code, Decree No. 326 of 2014, set out the preventive actions to be incorporated into an annual OSH programme approved by the manager of the undertaking with the agreement of the trade union organization (section 152); the collaboration between employers and workers to determine the jobs that, because of the hazards they pose, require periodic instruction, and the frequency with which these should be given (sections 153 and 154 in fine); and the infringements of fundamental rights relating to OSH (section 228(a) and (f)).

With regard to the application of Article 8 of the Convention, the Committee notes that Cuban Standard No. 871 of 2011 sets out the criteria for defining the risks of exposure to noise pollution (sections 3.5, 3.19 and 3.20), as well as the exposure limits (sections 3.1, 4.1, 4.5 and 4.6). The Committee requests the Government to provide information on the measures taken to give effect to Articles 11(2), 12 and 15, as well as Articles 8(1), (2) and (3) and 9(a) and (b) of the Convention relating to air pollution and vibration. With regard to Article 6(2) of the Convention, the Committee refers to its previous comments on Article 17 of Convention No. 155.

Protection in specific branches of activity

Underground Work (Women) Convention, 1935 (No. 45)

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism Tripartite Working Group, classified this Convention as an outdated instrument, and placed an item on the agenda of the 112th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also requested the Office to take follow-up action to actively encourage the ratification of up-to-date instruments relating to OSH, including, but not limited to, the Safety and Health in Mines Convention, 1995 (No. 176), and to undertake a campaign to promote the ratification of Convention No. 176. The Committee therefore encourages the Government to give effect to the decision of the Governing Body at its 334th Session (October–November 2018) approving the recommendations of the Standards Review Mechanism Tripartite Working Group and to consider the possibility of ratifying the most up-to-date instruments in this subject area.

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

Previous comment

The Committee notes the observations on the application of Convention No. 155 presented by the Independent Trade Union Association of Cuba (ASIC) received in 2022, as well as the Government’s response to those observations.

Articles 7, 9, 11(d) and 19(e) of the Convention. Holding of inquiries where cases of occupational accidents appear to reflect serious situations. Enquiries by workers and their representatives, and their consultation on all aspects of OSH. The Committee notes that, in its observations, ASIC alleges that: (i) OSH conditions at the Saratoga Hotel, including deteriorating infrastructure, resulted in an explosion that caused the deaths of a significant number of workers on 6 May 2022; (ii) the hotel managers avoided taking responsibility for the accident; and (iii) consultations were not held with the workers concerning OSH.

The Committee notes with concern the Government’s indication that the accident resulted in the deaths of 32 hotel workers, as well as 16 passers-by and neighbours. The Committee also notes that the Government, in its reply to ASIC’s observations, indicates that: (i) in accordance with section 192 of the Labour Code, Act No. 116 of 2013, the National Labour Inspection Office began investigating the accident just hours after it occurred; (ii) during the investigation, infringements of the current legislation were detected and the responsibility of the undertakings was established; (iii) in the accident investigation report, the National Labour Inspection Office delivered instructions to re-establish compliance with the legal provisions that had been breached and required that the appropriate persons were held accountable; (iv) those responsible provided the National Labour Inspection Office with the plan of measures to remedy the infringements detected; and (v) the facts related to the accident are being investigated by the competent authorities, and the outcome of this police investigation will lead to the adoption of the appropriate procedural decisions. The Committee firmly hopes that the investigation into the accident that occurred more than one year ago will be concluded shortly and that this will make it possible to determine accountability and impose appropriate penalties. The Committee requests the Government to provide information in this respect. It also requests the Government to study the possibility of setting up a dialogue body with workers or their representatives in order to examine the necessary measures to be taken relating to OSH conditions, including in the hotel industry.

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

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

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

The Committee notes the observations of the Independent Trade Union Coalition of Cuba (CSIC) regarding the lack of consultation on the application of Convention No. 155 and the unreliability of the OSH statistics, and the Government’s reply in this respect.

The Committee notes that the Labour Code, issued by Act No. 116 of 20 December 2013, and the Regulations of the Labour Code, issued by Decree No. 326 of 12 June 2014, give effect to the majority of the provisions of the Conventions. The Committee also notes that the abovementioned texts repeal several legislative texts which it had previously examined within the framework of the supervision of these Conventions, including Act No. 13 of 29 December 1977 on protection and hygiene at work and Ministry of Labour and Social Security resolutions No. 39 of 2007 and Nos 50 and 51 of 2008. Lastly, the Committee notes the Government’s indication in its reports that it has taken into account, in the adoption of the abovementioned texts, the principles set out in the ILO instruments relevant to the promotional framework for OSH, in accordance with Article 2(2) of Convention No. 187.

Article 2(3) of Convention No. 187. The Committee requests the Government to provide information on the obligation to periodically consider the measures that could be taken to ratify relevant ILO Conventions on occupational safety and health, and on the outcome of the consultations held in this respect with the most representative employers’ and workers’ organizations.

National policy

Article 4(1) of Convention No. 155; Article 3(3) of Convention No. 187. The Committee notes that sections 126–144 of the Labour Code form the basis of the national policy on OSH, and sections 148–155 of the Regulations of the Labour Code supplement these provisions with more specific standards on the investigation, recording and notification of occupational accidents and incidents; the obligations and rights of the parties; and occupational safety and health regulations.

National system

Article 4(3)(a) and (b) of Convention No. 187. The Committee requests the Government to provide information on the measures adopted or envisaged for: (a) the establishment and operation of a national tripartite advisory body, or bodies, addressing occupational safety and health issues; and (b) the provision of information and advisory services on OSH.

Article 4(3)(d) of Convention No. 187. Occupational health services. The Committee notes the Government’s indication that the national health system has a Workers Health Institute which specializes in medical issues related to OSH.

Article 4(3)(h) of Convention No. 187. Micro-enterprises, small and medium sized enterprises and the informal economy. The Committee notes the Government’s indication that there is no informal economy in the country. The Committee requests the Government to provide information on the existing or envisaged support mechanisms for the progressive improvement of OSH in micro-enterprises and small and medium-sized enterprises.

National programme

Article 5 of Convention No. 187. The Committee recalls the importance of ensuring the implementation of national OSH programmes, their monitoring and subsequent review in consultation with the social partners, and of evaluating their results and using a methodology based on clear targets and indicators of progress (see the 2017 General Survey on certain occupational safety and health instruments, paragraphs 147–153). In this regard, the Committee requests the Government to provide information on the outcomes of implementing the indicators for the evaluation of the national OSH programme, and its new objectives, targets and indicators of progress.

Article 17 of Convention No. 155. Collaboration between two or more employers which engage in activities simultaneously at one workplace. The Committee notes that section 149 of the Regulations of the Labour Code limits collaboration between employers to the investigation of occupational accidents, while Article 17 requires collaboration between employers in the application of all the measures set out in the Convention. The Committee requests the Government to take the necessary measures, without delay, to give effect in law and practice to the provisions of Article 17.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Legislation. The Committee notes the significant legislative changes adopted in 2013 and 2014, to which it refers in greater detail in its comments on the application of the Occupational Safety and Health Convention, 1981 (No. 155). It also notes the adoption in 2011 of Cuban standard (NC) No. 871 on noise in the working environment. The Committee notes that the Government has not provided information on the manner in which this legislation changes the application of the present Convention. The Committee requests the Government to provide information on the manner in which the new legislation gives effect to each of the Articles of the present Convention, with an indication of the relevant provisions of the legislation, including detailed information on the effect given to Article 8 of the Convention (exposure limits).

Application of the Convention in practice. The Committee notes that the information provided by the Government is of a general nature and does not refer the present Convention. The Committee requests the Government to provide information on the application of the Convention in practice and to submit with its next report extracts from inspection reports, as well as information on the number of workers covered by the relevant legislation and other measures adopted to give effect to the Convention, the number and nature of contraventions reported and the measures taken in this regard.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Legislation. The Committee notes the significant changes made to the national legislation in 2013 and 2014 in relation to occupational safety and health (OSH). The Committee requests the Government to provide information on the manner in which the new legislation and practices related to OSH affect the application of this Convention, specifying the relevant provisions of this legislation.

Article 2(2) of the Convention. Active steps taking into account the principles set out in instruments relevant to the promotional framework. The Committee notes that, according to the Government, the legislation in question embodies the principles set out in instruments relevant to the promotional framework of OSH. The Committee recalls, however, that the principles to take into account are those set out in the instruments listed in the Annex to the Occupational Safety and Health Recommendation, 1981 (No. 164). The Committee once again requests the Government to provide specific information on the principles set forth in ILO instruments relevant to the promotional framework for OSH that have been taken into account to achieve the objectives of Article 2(1) and (2) of the Convention.

Article 2(3). Measures that could be taken to ratify relevant ILO occupational safety and health Conventions. The Committee notes the information supplied by the Government that in July 2003 consultations were held on the possible ratification of the Protocol of 2002 to the Occupational Safety and Health Convention, 1981 (No. 155), and it was decided to postpone ratification. The Committee observes that the information provided dates from 2003 and that this Article requires governments to consider periodically what measures could be taken to ratify relevant OSH Conventions of the ILO in consultation with the most representative organizations of employers and workers. The Committee requests the Government to indicate the manner in which it has considered the measures that could be taken to ratify relevant OSH Conventions of the ILO, and to specify the frequency and the results of consultations held on these matters with the organizations of employers and workers.

Article 3(3). Promotion of basic principles. The Committee notes that, in reply to the Committee’s previous comments, the Government refers only in general terms to the new labour legislation. The Committee requests the Government to indicate the manner in which effect is given in law and in practice to the provisions of the abovementioned Article, namely the promotion of basic principles set out in this Article: assessing occupational risks or hazards; combating occupational risks or hazards at source; and developing a nationwide preventative safety and health culture.

Article 4(2)(d). Arrangements to promote cooperation at the level of the undertaking as an essential element of workplace-related prevention measures. The Committee notes sections 134 and 135 of the Labour Code and sections 151, 152 and 153 of the Regulations under the Labour Code, which provide for a system of cooperation between management, workers and their representatives. The Committee requests the Government to provide information on the application of this Article in practice.

Article 4(3)(d). Occupational health services. The Committee notes that in its report, the Government indicates that health services are universal and free. The Committee nonetheless emphasizes that this Article refers to “occupational health services”, which are the services referred to in the Occupational Health Services Convention, 1985 (No. 161), and the Occupational Health Services Recommendation, 1985 (No. 171). The Committee requests the Government to report in greater detail on the manner in which occupational health services are provided.

Article 4(3)(h). Support mechanisms for a progressive improvement of occupational safety and health conditions in micro-enterprises, small and medium-sized enterprises and in the informal economy. The Committee notes that in its report the Government indicates that there is no informal economy in Cuba. The Committee requests the Government to provide information on the support mechanisms for progressive improvement of OSH in micro-enterprises and small and medium-sized enterprises.

Article 5(2)(d). Objectives, targets and indicators of progress. The Committee notes the information provided by the Government on the indicators used to measure progress in achieving the objectives and targets of the national programme on OSH. The Committee requests the Government to provide information on the results of applying the indicators used by the Government and on the new objectives, targets and indicators of progress.

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

Part V of the report form. Application in practice. The Committee notes that the statistics provided in the inspection report on the list of occupational diseases diagnosed in 2009 does not refer to diseases caused by the use of white lead and that violations of the provisions of the Convention were not identified. The Committee requests the Government to continue providing information on the application of the Convention.

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

In its previous comments, the Committee recalled that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body decided that, with respect to underground work, the States parties to Convention No. 45 should be invited to contemplate ratifying the Safety and Health in Mines Convention, 1995 (No. 176), and possibly denouncing Convention No. 45, even though the latter instrument has not been formally revised. The Committee notes that, according to the report, Convention No. 176 was submitted to the competent authorities and it was decided to defer its ratification, for which reason the Government will not denounce Convention No. 45. The Committee recalls that, in accordance with established practice, the period when this Convention is open for denunciation will last for one year from 30 May 2017 to 30 May 2018. The Committee recalls that, if it deems it necessary, the Government may request the technical assistance of the Office with a view to facilitating the process of the ratification of Convention No. 176. The Committee invites the Government to provide information on any changes concerning the possible ratification of Convention No. 176, including the need for technical assistance, where appropriate.

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

Article 2(2) of the Convention. Active steps taking into account the principles set out in instruments relevant to the promotional framework. The Committee notes the extensive information provided by the Government on the measures taken and the principles taken into account, including those set out in section 4 of Ministry of Labour and Social Security Resolution No. 39 of 29 June 2007 on occupational safety and health, namely: responsibility of managers at all levels for occupational safety and health (OSH); prevention of incidents, accidents, disease and other damage to health; special protection for certain categories of workers; protection of assets of the undertakings and the environment. The Committee points out to the Government that this paragraph of the Convention relates to the question formulated in paragraph 2 of the report form. Consequently, the Committee requests the Government to indicate the specific principles set out in the instruments of the ILO relevant to the promotional framework for occupational safety and health which are listed in the Annex to the Recommendation to this Convention.

Article 2(3). Measures that could be taken to ratify relevant occupational safety and health Conventions of the ILO. The Committee notes that the Government has not provided the information required on this matter in the report form. The Committee requests the Government to provide information on the manner in which it periodically considers, in consultation with the social partners, what measures could be taken to ratify relevant occupational safety and health Conventions of the ILO, and the outcome of the consultations held in this regard, including concerning the Protocol of 2002 to the Occupational Safety and Health Convention, 1981 (No. 155), which is one of the key OSH instruments.

Article 3(3). Promotion of basic principles. The Committee notes with interest that sections 33–39 of the above Resolution contain specific regulations on risk management and risk prevention programmes and that section 34 sets down the steps that labour bodies shall take to ensure proper risk prevention. The Committee requests the Government to provide information on the manner in which these sections are applied in practice.

Article 4(2)(d). Arrangements to promote cooperation at the level of the undertaking as an essential element of prevention measures. The Committee notes the broad cooperation established in the legislation. The Committee would be grateful if the Government would provide further information on the manner in which this provision is applied in enterprises with fewer than 25 workers.

Article 4(3)(d). Occupational health services. The Committee requests the Government to provide further information on the manner in which occupational health services are provided, including to enterprises with fewer than 25 workers.

Article 4(3)(h). Support mechanisms for the progressive improvement of occupational safety and health conditions in micro-enterprises, small and medium-sized enterprises and the informal economy. The Committee would be grateful if the Government would provide information on this matter.

Article 5(2)(d). Objectives, targets and indicators of progress. The Committee requests the Government to provide information on the indicators used to measure progress in relation to the objectives and targets defined in accordance with this provision.

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

Articles 4, 8 and 15 of the Convention. National policy and legislation. Coherence and coordination between enforcement bodies. The Committee notes with satisfaction Ministry of Labour and Social Security Resolution No. 39 of 29 June 2007 issuing the General Bases for Occupational Safety and Health which provide that national bodies, organizations and entities shall use these in establishing plans and strategies for ongoing improvement in the occupational safety and health systems and in allocating human, material and financial resources therefore in their budgets. These bases apply to all workers and to students engaging in work for the purpose of their training. It contains provisions on the bodies that govern the Occupational Protection and Health System; coordination of the various bodies that are involved; the powers, functions and duties of heads of work units; the occupational safety and health system of work units; occupational safety and health committees; risk management and prevention programmes. Annex II of the Resolution sets forth mandatory basic technical measures to be universally applied. It also notes Ministry of Labour and Social Security Resolution No. 50 of 25 June 2008 issuing the methodology for working out the requirements for individual and collective protection equipment, budgetary needs and implementation monitoring. The Ministry of Labour and Social Security also adopted Resolution No. 51 of 25 June 2008 issuing the methodology for formulating the Organizational Regulation on Occupational Protection and Health, Occupational Safety Handbook, for work units, setting out the different levels of organization in enterprises and other forms of economic organization. The Committee notes that the legislation referred to is conducive to coherence and coordination between the bodies responsible for applying the Convention. It also notes that Resolution 19/03 of 8 September 2003 on the notification and registration of occupational accidents should pave the way to eventual ratification of the Protocol of 2002 to the present Convention, which supplements the Convention by regulating registration and notification. The Committee takes this opportunity to point out that in March 2010 the Governing Body adopted the Plan of Action (2010–16) to achieve widespread ratification and effective implementation of the occupational safety and health instruments (Convention No. 155, its 2002 Protocol, and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)); and that these three instruments are the fundamental occupational safety and health instruments. In view of the fact that Cuba has ratified the present Convention and Convention No. 187, the Committee draws the Government’s attention to the fact that the Plan of Action envisages a number of arrangements for technical assistance, and invites the Government, should it envisage the possibility of ratifying the 2002 Protocol, to communicate any needs for assistance that might arise.

Part V of the report form. Practical application. The Committee notes that the legislation covers 5,072,400 workers, of whom 1,934,100 are women, and 3,138,300 are men. It also notes that, in 2009, 10,974 inspections were carried out, 29,869 infringements were reported and 25,253 orders were issued to remedy the infringements and that, in 2008, 6,028 workers were injured in occupational accidents, 79 of which were fatal, whereas in 2009 5,397 workers were injured in occupational accidents, 88 of which were fatal. Noting that in 2009 there were fewer occupational injuries than in 2008, but more of them proved fatal, and that this is borne out by the mortality rate provided by the Government (13.1 per cent in 2008 and 16.3 per cent in 2009), the Committee asks the Government in its next report to indicate the possible reasons for this difference and to provide relevant statistics for the reporting period. It would also be grateful if the Government would provide a breakdown of accidents by sector of activity.

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

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

2. Part IV of the report form. Application of the Convention in practice. The Committee notes with interest the Government’s reference to the activities of the National Occupational Safety and Health Group, which was established to ensure the application in practice of national legislative provisions and is made up of representatives of the central administration of the State, national trade unions, heads of provincial occupational health programmes of the Ministry of Public Health, and occupational safety subdirectors from provincial labour directorates. The Government indicates in its report that the objectives of this Group are as follows: to assess the occupational safety and health situation and provide guidance in respect of the policies and actions to be adopted by bodies and provinces in order to contribute to reducing cases of occupational accidents and work-related deaths; to strengthen the Protected Areas Movement (Movimiento de Areas Protegidas), as a basis for mass movements to improve working conditions, reduce accidents, fires and occupational illnesses and create a culture of occupational safety and health; and to strengthen communication-related work, by stepping up the activities of the public welfare campaign on occupational safety and health, and through activities relating to the National Occupational Safety and Health Day. The Committee notes the statistical information on occupational illnesses diagnosed in the country in 2003 and 2004, which shows a general reduction in the number of cases of illnesses, yet an increase in some of them. The Committee asks the Government to continue providing information on the application of the Convention in practice and to send, with its next report, extracts from inspection service reports and information indicating the number of workers covered by the measures adopted to apply the Convention, and the number and nature of the violations that have been reported.

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

1. The Committee notes the Government’s report, which indicates that there have been no new legislative or other measures which impact on the application of the Convention.

2. The Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that, with respect to underground work, the States parties to Convention No. 45 should be invited to contemplate ratifying the Safety and Health in Mines Convention, 1995 (No. 176), and possibly denouncing Convention No. 45 even though the latter instrument has not been formally revised (see GB.283/LILS/WP/PRS/1/2, paragraph 13). Contrary to the old approach based on the outright prohibition of underground work for all female workers, modern standards focus on risk assessment and risk management and provide for sufficient preventive and protective measures for mineworkers, irrespective of gender, whether employed in surface or underground sites. As the Committee has noted in its 2001 General Survey on night work of women in industry in relation to Conventions Nos. 4, 41 and 89, "the question of devising measures that aim at protecting women generally because of their gender (as distinct from those aimed at protecting women’s reproductive and infant nursing roles) has always been and continues to be controversial" (paragraph 186).

3. In the light of the foregoing observations, and also considering that the present trend is no doubt to remove all gender-specific restrictions on underground work, the Committee invites the Government to give favourable consideration to the ratification of the Safety and Health in Mines Convention, 1995 (No. 176), which shifts the emphasis from a specific category of workers to the safety and health protection of all mineworkers, and possibly also to the denunciation of Convention No. 45. In this respect, the Committee recalls that, according to established practice, the Convention will be next open to denunciation during a one-year period from 30 May 2007 to 30 May 2008. The Committee requests the Government to keep it informed of any decision taken in this regard.

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

1. The Committee notes the information provided in the Government’s last report. In this respect, it wishes to draw the Government’s attention to the following matters.

2. Articles 4 and 8. Laws and regulations respecting the national policy. The Committee notes with interest the adoption of several resolutions respecting occupational safety and health, namely: resolution No. 31 of 31 July 2002, which contains in annex the general practical procedures for the identification, evaluation and control of risk factors at work; resolution No. 19/03 of 8 September 2003, for the recording of employment accidents; and resolution No. 32/2001 of 1 October 2001, establishing the centre for the registration and approval of personal protective equipment. The Committee also notes the establishment of the National Occupational Safety and Health Group, which is responsible for the application in practice of the above resolutions. It requests the Government to keep it informed of any developments in this respect.

3. Part V of the report form. The Committee requests the Government to provide extracts from labour inspection reports and, where such statistics exist, information on the number of workers covered by the legislation, disaggregated by sex if possible, the number and nature of the contraventions reported, and the number, nature and cause of the accidents reported.

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

The Committee notes with interest the Government's reply to its previous comments concerning the national system of statistical information and statistical data on occupational safety and health. It notes in particular the statistics regarding occupational safety and health inspection contained in the report. The Committee hopes the Government will continue to include, in its future reports, information on the practical application of the Convention, including extracts from the reports of the inspection services, as well as information on the number of workers covered by the relevant legislation, and the number and nature of contraventions reported, as called for under Part IV of the report form.

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

The Committee notes the detailed information contained in the Government's report and the legal texts that have been communicated. It also notes the Government's information to the effect that there is still no official register of statistical data on morbidity and mortality due to lead poisoning. The Committee notes that the Ministry of Public Health, which is the body responsible for such matters, is to take the necessary measures to compile statistics on occupational diseases. The Committee hopes that the Government will continue to supply information on any progress made and that it will provide statistics on lead poisoning, in accordance with Article 7 of the Convention and the report form.

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

In its previous comments, the Committee has requested the Government to provide statistics on the number of workers covered by the legislation relevant to the Convention and the number and nature of any contraventions reported, in accordance with point IV of the report form. In its latest report, the Government has indicated that contacts with the Ministry of Public Health are being pursued with a view to installing a System for Statistical Information at the national level which would permit collection of the statistics called for in the report form. The Government has also referred to its report under the Labour Inspection Convention No. 81 and its annual inspection report for the year 1992 which provides general information and statistics on the number and type of inspection visits carried out and the number and nature of occupational accidents. While the Committee has noted that the inspection report does not provide statistics concerning occupational diseases, it does also note the information provided by the Government under Convention No. 81 concerning the powers and functions of the State Sanitary Inspectorate under the Ministry of Public Health with respect to the preventive and remedial action to be taken to ensure the protection of workers' health. The Government is requested to keep the Office informed of the progress made in fully establishing the National System for Statistical Information concerning Occupational Medicine and to continue to provide any statistics available concerning the practical application of the Convention.

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

The Committee notes with interest the information supplied by the Government concerning the manner in which the employers' and workers' organisations concerned shall be consulted in conformity with Article 1, paragraph 1, Article 3, paragraph 2, and Article 6 of the Convention. The Government is requested to provide additional information, in its next report, on the following points:

1. The Government has indicated in its report that the following standards ensure the application of Articles 5, 6 and 7 to operations involving the use of white lead, sulphate of lead and products containing these pigments in the external painting of buildings: 19-00-02 (Basic Occupational Health), 19-00-08 (Organisational and Technical Measures in the Workplace), 19-01-02 (Toxic Substances), 19-00-04 (Organisation of the Training of Workers in Occupational Safety and Health) and 19-03-34 (General Safety Requirements concerning White Lead and its Compounds). The Government is requested to provide copies of these standards with its next report.

2. Article 3, paragraph 1. The Committee notes the information provided by the Government that, in the interest of equality of opportunity, the legislation which previously provided a list of prohibited employment for women, including painting work involving the use of white lead, was replaced by a list of jobs not recommended for women due to their physical constitution. The Committee, nevertheless, recalls that Article 3 of the Convention provides that the employment of all females shall be prohibited in any painting work of an industrial character involving the use of white lead or sulphate of lead or other products containing these pigments. It would point out that it is possible to ensure equality of opportunity while still ensuring the application of this Article of the Convention by prohibiting all painting work of an industrial character involving the use of white lead. The use of white lead in painting work has already been prohibited by some countries in the interest of safety and health at work and in the environment, as technically superior and safer pigments now exist. The Government is requested to provide information in its next report on the number of women actually employed in painting work involving the use of white lead and to indicate the measures taken or envisaged to ensure that the employment of women in such work is prohibited, in conformity with this Article of the Convention.

3. Article 7. The Committee notes from the Government's report that it has not been able to collect statistics on the cases of morbidity or mortality due to lead poisoning. It notes that, under section 7.10.1 of the Occupational Hygiene and Safety Standard NC 19-03-34, employers are to notify the State Labour and Social Security Committee (CETSS) of cases or suspected cases of lead poisoning and that, by virtue of section 7.10.2, the CETSS will establish statistics on cases of lead poisoning in working painters. The Government is, therefore, requested to indicate the statistical method adopted in this regard and to supply the statistics obtained in its next report. Furthermore, the Committee notes that the above-mentioned Standard NC 19-03-34 does not apply to painting work on the outside of buildings. The Government is therefore requested to indicate the measures taken to determine statistics as to morbidity or mortality with regard to lead poisoning among all working painters, including those involved in painting operations carried out on the outside of buildings.

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

Further to its previous comments, the Committee notes the information provided in the Government's report to the effect that a National System for Statistical Information concerning Occupational Medicine has recently begun its work but that it will be necessary to wait until its complete introduction into the national system in order to obtain its results. The Committee would recall that point IV of the report form requests member States which have ratified the Convention to provide extracts from inspection service reports which would indicate the manner in which the Convention is applied. Point IV also calls for information to be provided, where such statistics exist, on the number of workers covered by the legislation and other measures, as well as on the number and nature of the contraventions reported. The Committee hopes that the National System for Statistical Information concerning Occupational Medicine will be in a position to compile the relevant statistics in the near future and requests the Government to indicate in its next report the progress made in this regard.

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

From the information supplied by the Government in reply to its previous direct request, the Committee notes that the Occupational Hygiene and Safety Standard NC 19-03-34 of 1985 concerning general safety requirements in works using paintings is the legislative text giving effect to the Convention. The Committee would be grateful if the Government would supply additional information on the following points in its next report.

1. Please indicate the manner in which the concerned employers' and workers' organisations have been and, where required, continue to be consulted in conformity with Article 1, paragraph 1 of the Convention (authorising exemptions to the general prohibition); Article 3, paragraph 2 (permitting the employment of apprentices), and Article 6 (taking of steps to ensure the observance of the regulations implementing the Convention).

2. The Committee notes that the provisions contained in Section 7 of the Standard closely conform to those of the Convention. However, by virtue of the introductory clause, the Standard as a whole does not apply to the external painting of buildings. The Committee would point out that Articles 5, 6 and 7 of the Convention require the regulation of the use of white lead, sulphate of lead and all products containing these pigments in all operations, including the external painting of buildings. Please indicate the measures which have been taken or are envisaged to extend the application of Section 7 of the Standard to the external painting of buildings.

3. Please indicate the manner in which instructions concerning hygienic precautions to be taken in the painting trade are distributed to working painters in conformity with Article 5, paragraph IV, of the Convention.

4. Article 3, paragraph 1. The Committee notes that Section 1.11 of the Standard prohibits pregnant women and women of reproductive capacity from employment in works using painting. In this connection the Committee refers to its comments in paragraphs 60 to 63 of its general report. The Committee would be grateful if the Government would provide information in its next report on the practical application of this paragraph of the Convention.

5. Please supply the statistics called for by Article 7 of the Convention on cases of mortality and mortality caused by lead poisoning.