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

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

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

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

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

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

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

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

Occupational Health Services Convention, 1985 (No. 161)

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

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

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

Asbestos Convention, 1986 (No. 162)

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

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

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

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

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

CMNT_TITLE

Occupational Safety and Health Convention, 1981 (No. 155) (RATIFICATION: 1988)Occupational Health Services Convention, 1985 (No. 161) (RATIFICATION: 1988)Asbestos Convention, 1986 (No. 162) (RATIFICATION: 1995)

Other comments on C155

Observation

Direct Request

Other comments on C161

Observation

Direct Request

Other comments on C162

Observation

Direct Request

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

Occupational Health Services Convention, 1985 (No. 161)

Asbestos Convention, 1986 (No. 162)

Occupational Safety and Health Convention, 1981 (No. 155) (RATIFICATION: 1988)
Occupational Health Services Convention, 1985 (No. 161) (RATIFICATION: 1988)
Asbestos Convention, 1986 (No. 162) (RATIFICATION: 1995)