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Maximum Weight Convention, 1967 (No. 127) - Costa Rica (RATIFICATION: 1972)

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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 45 (underground work by women), 120 (hygiene in commerce and offices), 127 (maximum weight) and 148 (air pollution, noise and vibration) together.

The Committee notes the observations of the Costa Rican Federation of Chambers and Associations of Private Enterprise (UCCAEP) on the application of Conventions Nos 120 and 127 sent together with the Government’s report. The Committee also notes the Government’s reply to the observations of the UCCAEP on Convention No. 127, included in its report.

Application in practice of Conventions Nos 120, 127 and 148. 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, nature and cause of notified occupational accidents and diseases, and information on the inspection activities carried out, including, the number of investigations and inspections conducted, and the number of violations detected and penalties imposed.

Legislation. The Committee notes the information provided by the Government in its report on the development of occupational safety and health regulations in the period 2016-2019, promoted by the Occupational Health Council and the Technical Standards Institute of Costa Rica. In this regard, the Committee notes with interest: (i) the reform of the General Regulations on Occupational Risks of 1982 by means of Decree No. 39611 of 2016, which amends section 24 (content of first-aid kits) and which adds section 24 bis (implementation of first-aid kits); (ii) the adoption of Regulation for Occupational Health Committees and Offices No. 39408 of 2015, Regulation for the Prevention of Silicosis in the Workplace No. 39612-S-MTSS of 2016, the Regulation on the Configuration of Sampling Sites in Stacks and Ducts for the Measurement of Air Pollutants from Stationary Sources No. 39813-S-MTSS of 2016, the Regulation on Conditions for Breastfeeding Rooms in the Workplace No. 41080-MTSS-S of 2018, and Executive Decree No. 42317 of 2020 on the implementation of protocols and sanitary measures in workplaces by occupational health commissions and offices or departments in response to the COVID-19 pandemic; and (iii) the updating of technical standards relating to ergonomics, noise, personal protective equipment, environmental conditions and hazardous materials. The Committee particularly notes the updating of INTE Technical Standard No. T85 of 2019 on ergonomics in office spaces and call centres, INTE Technical Standard No. T84 of 2019 on ergonomic chairs, INTE/ISO Technical Standard No. 1996-2 of 2019: Acoustics - Description, measurement and assessment of environmental noise, and INTE/ISO Technical Standard No. 374-1 of 2019: Protective gloves against dangerous chemicals and micro-organisms. While it notes the developments in occupational safety and health regulations with regard to hygiene in commerce and offices, the Committee requests the Government to provide information on the progress achieved in the drafting and approval of the general regulations on occupational safety and health, promoted by the Occupational Health Council.

A.Protection against specific risks

Maximum Weight Convention, 1967 (No. 127)

Articles 3 and 8 of the Convention. Manual transport of a load which by reason of its weight is likely to jeopardize the worker’s health or safety. Workers over 21 years of age. The Committee previously noted that the INTE technical standards establishing the maximum weight limits are voluntary. In this regard, the Committee notes the Government’s reply to its previous request, which states in its report that, where technical standards are included at the regulatory level, they are mandatory. In this regard, the Government adds that INTE/ISO Technical Standard No. 11228-1 of 2016 on manual handling, lifting and carrying, and INTE Technical Standard No. 31-09-15-00 on the handling of material and equipment, were incorporated into the requirements under section 102 of the General Regulation on Safety in Construction No. 40790 of 2017.

Furthermore, the Committee notes that the Occupational Health Council approved the draft proposal for regulations on occupational health conditions in manual lifting and carrying of loads. The Government indicates that the draft proposes: (i) the repeal of Executive Decree No. 11074-TSS of 1981 on the maximum manual handling weight and physical fitness tests; (ii) the establishment of obligations for employers and workers with regard to activities involving lifting weights, medical assessments and the permissible limits for manual lifting and carrying of loads for women and men; and (iii) the incorporation of provisions on permissible limits established in INTE/ISO Technical Standard No.1128-1: Ergonomics - Manual handling - Part 1: Lifting and carrying. The Government indicates that ISO Technical Standard No. 11228-1 of 2016 on manual handling, lifting and carrying is currently being updated and adopted in relation to ISO/FDIS International Standard No. 11228-1 of 2021. The Committee requests the Government to provide information on the progress achieved in the process to update and adopt ISO Technical Standard No. 11228-1 of 2016 on handling, lifting and carrying.

Article 8. Consultation of the most representative employers’ and workers’ organizations concerned on the measures to give effect to the Convention. The Committee notes that, it its observations, the UCCAEP indicates that, while it responded to the public consultation process on the proposal for regulations on occupational health conditions in manual lifting and carrying of loads, the observations that it provided during the discussion on the matter were not taken into account. The UCCAEP also reports that: (i) while it is necessary to amend Decree No. 11074-TSS on the maximum manual handling weight, a comprehensive reform must be undertaken first, in order to achieve regulations that truly reconcile the protection of workers with the reality of the productive sector; (ii) the proposal for regulations does not take into account the need to determine the maximum distance that a load may be carried by a worker; and (iii) the proposal for the regulations contains definitions that are not elaborated on in the text of the document, and therefore, the purpose for which they are established is unclear. The Committee further notes that, in its reply to the observations of the UCCAEP, the Government indicates that it undertakes to review and follow up on the observations sent by the employers’ organization, and on the current status of the management of the proposed regulations. The Committee requests the Government to provide information on the consultations held in this regard, including the organizations consulted and the outcome of the consultations.

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

Article 8(1) and (3) of the Convention. Criteria for determining the hazards of exposure to air pollution, noise and vibration. Exposure limits and their regular revision. Further to its previous comments, the Committee notes the Government’s indication in its report that, in 2020 and 2021, an external interinstitutional assistance committee was established to review the preliminary draft revision of the regulations on the control of noise and vibrations. The Government indicates that, currently, the remaining step is to include Annex 1 on the basic components that should be part of hearing conservation programmes in the workplace. It also indicates that the final proposal will be submitted to the Executive Directorate of the Occupational Health Council, which will incorporate the proposed amendments to the regulations into the commitments of the Action Plan of the National Occupational Health Policy.

Regarding the application in practice of INTE standards and verification of this application by the labour inspectorate, the Government indicates that: (i) the Occupational Health Council and Technical Standards Institute of Costa Rica have promoted INTE technical standards that contain more detailed technical parameters and criteria than those established in national legislation; (ii) the technical standards have been widely disseminated through training for heads of occupational health offices and departments in order for the technical standards to be voluntarily implemented as part of preventive management; (iii) due to the voluntary nature of the technical standards, the labour inspectorate cannot enforce them, except when they are at the regulatory level, in which case they are mandatory. Consequently, inspectors from the Technical Secretariat of the Occupational Health Council cannot require the mandatory implementation of technical standards in inspection reports, although they may suggest that the technical standards be taken as preventive guidelines to be followed as part of preventive management in the respective workplace. The Committee requests the Government to intensify its efforts to ensure the periodic review of the exposure criteria and limits, including the revision of the proposed regulations on the control of noise and vibrations. The Committee further requests the Government to continue to provide information on the conclusion of the process to revise the regulations on the control of noise and vibrations, including the incorporation into the regulations of the respective technical standards.

Article 10. Personal protective equipment and the application of the Convention in the agricultural sector. The Committee notes the observations of the Confederation of Workers Rerum Novarum (CTRN), the Costa Rican Workers' Movement Central (CMTC), the General Confederation of Workers (CGT), and the Workers' Unitary Confederation (CUT), on the application of the Labour Inspection (Agriculture) Convention, 1969 (No. 129), in which they indicate that workers in the pineapple industry are being exposed to harmful substances, such as agrochemical products. The trade union organizations indicate that workers are assigned to recently sprayed fields with no protection, or sometimes even with protective equipment that has already been used. The Committee requests the Government to provide information on the measures adopted or envisaged to ensure protection against occupational risks in the workplace due to air pollution, and to guarantee that employers provide and maintain suitable personal protective equipment, in accordance with Article 10 of the Convention.

Article 11(1) and (3). Periodical medical examinations. Discontinuation of an assignment to work when continuation is considered medically inadvisable. Suitable alternative employment or maintenance of income. In reply to its previous comments, the Committee notes the Government’s indication that, when it is determined that noise in a workplace exceeds the maximum levels established in section 7 of the regulations on the control of noise and vibrations, the employer is requested to conduct a comprehensive study of the workplaces, identify the occupational noise and provide engineering proposals with the aim of minimizing the resulting environmental noise pollution, and pay due attention to the hearing health of workers by means of medical examinations. It also notes that the Government refers to section 258 of the Labour Code, which establishes the obligation for all workers to undergo the medical examinations stipulated in the corresponding regulations. The Government adds that 46 inspectors from the Labour Inspection Directorate have received training on occupational health, and that a guide on occupational health in agriculture is available, which will be used to address issues related to occupational health, noise and vibrations in inspections. Noting this information, the Committee requests the Government to indicate the frequency of medical examinations to monitor the health of workers exposed to occupational risks due to air pollution, noise and vibrations. The Committee also requests the Government to provide information on the measures adopted toprovide workers with suitable alternative employment or to maintain their income, where continued assignment of workers to work involving exposure to air pollution, noise or vibration is found to be medically inadvisable.

B.Protection in certain 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) decided, on the recommendation of the Standards Review Mechanism Tripartite Working Group to confirm the classification of the Convention as outdated, 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 adopt follow-up measures to actively promote ratification of updated occupational safety and health instruments including, but not limited to, the Safety and Health in Mines Convention, 1995 (No. 176) and to undertake a ratification campaign in respect of Convention No. 176.The Committee therefore encourages the Government to give effect to the decision adopted by the Governing Body at its 334th Session (October-November 2018) approving the recommendations of the Standards Review Mechanism Tripartite Working Group, and to examine the possibility of ratifying the more updated instruments in this thematic area. The Committee takes this opportunity to recall that, in June 2022, the International Labour Conference added the principle of a safe and healthy working environment to thefundamental principles and rights at work, thus amending the 1998 Declaration on Fundamental Principles and Rights at Work. The Committee draws the Government’s attention to the possibility of requesting the technical assistance of the Office with the aim of bringing both practice and applicable legislation into conformity with the fundamental Conventions relating to occupational safety and health, and providing support for any consideration of ratification of these standards.

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

Articles 1 and 17 of the Convention. Application to establishments, institutions and administrative services in which the workers are mainly engaged in office work. Protection of workers against substances or processes which are obnoxious, unhealthy or toxic or for any reason harmful. Further to its previous comments, the Committee notes the Government’s indication in its report that section 294 of the Occupational Risks Act, No. 6727 of 1982, on the mechanisms for establishing whether an activity or workplace is unhealthy or dangerous, has not been regulated. The Government indicates that, under the Action Plan of the National Occupational Health Policy, specifically within the regulatory framework on occupational health, the drafting of a proposed reform of section 294 is planned for the period 2021–2026. The Committee requests the Government to continue providing information on the measures adopted to regulate section 294 of the Occupational Risks Act, No. 6727 of 1982, in order to identify work and workplaces that are unhealthy or dangerous, and substances the manufacture or distribution of which must be prohibited, restricted or subject to certain special requirements.

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The Committee notes the observations of the Rerum Novarum Workers’ Confederation (CTRN), received on 2 September 2015, and the observations of the Costa Rican Federation of Chambers and Associations of Private Enterprise (UCCAEP), which were sent with the Government’s report.

Articles 3 and 8 of the Convention. Manual transport of a load which by reason of its weight is likely to jeopardize the worker’s health or safety. Workers over 21 years of age. In its previous comments, the Committee repeatedly noted that Decree No. 11074-TSS of 5 May 1980 does not prescribe the maximum weight for adult male workers over 21 years of age and asked the Government to indicate the manner in which it is ensured that workers are not required or allowed to transport loads whose weight is likely to jeopardize their health and safety, and to give a detailed indication of the manner in which it is determined that a weight cannot jeopardize workers’ health and safety. The Committee notes the Government’s indication in its report that there have been no substantial changes in national law or practice. The Government refers to standard INTE 31-09-15-00 (2000 edition) on the handling of materials and equipment, which establishes, inter alia, a maximum weight of 20 kg to be carried by men over 18 years of age, 15 kg for women over 18 years of age and men between 16 and 18 years of age, and 10 kg for women between 16 and 18 years of age; and which prohibits the manual transport of loads by pregnant women and young persons under 16 years of age. The Committee observes, however, that the INTE technical standards are voluntary. The Committee also notes the CTRN’s indication in its observations that the most common types of accidents involve blows, cuts, falls and overexertion, and that the perception of workers is that such accidents mainly stem from the handling of heavy loads, uncomfortable postures or positions, and repetitive movements. The Committee requests the Government to provide information on the application in practice of the INTE standards, indicating whether the labour inspectorate verifies compliance with them.

Article 8. Consultation of the most representative employers’ and workers’ organizations concerned on the measures to give effect to the Convention. In its previous comments, the Committee noted the Government’s indications that the Occupational Health Council considered it necessary to establish clearer provisions than those laid down by Decree No. 11075-TSS, referred to above, and that a new standard was under consideration. The Committee notes the Government’s statement that the current commitment of the Occupational Health Council to update the regulations entails the need to agree on a plan for updating the set of technical standards relating to occupational safety and health (OSH), especially the standards relating to the Convention. The Committee also notes that the UCCAEP highlights the activities of the tripartite Occupational Health Council, which has been working on regulations relating to OSH standards. The Committee requests the Government to provide information on the updating in the Occupational Health Council of the standards which give effect to the Convention.

Articles 3 and 7. Application in practice. Manual transport of loads by workers, women and young persons. The Committee notes the observations of the CTRN, to the effect that the labour inspectorate shows a certain disregard for the Convention. The Government indicates that any worker, without any discrimination whatsoever, has access to the public labour inspection service and can submit a complaint regarding the enforcement of the standards relating to the transport of loads. The Government adds that the Occupational Health Council, the Technical Standards Institute of Costa Rica (INTECO) and the labour inspectorate take ongoing action to ensure the application of the Convention and that, according to statistics available to the Government, there are no complaints alleging non-compliance with the Convention. The Committee takes note of this information.

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Article 3 of the Convention. Manual transport of a load whose weight may jeopardize the worker’s health or safety. With reference to its previous comments, the Committee notes the Government’s reference to Decree No. 11075-TSS of May 1986, which establishes the maximum weight for various categories of workers. However, it notes that the Decree does not prescribe the maximum weight for adult male workers over 21 years of age. The Committee notes the Government’s indication that the Occupational Health Council is still examining the issue of weight referred to by this Article. An attached report of 9 June 2010 from the Occupational Health Council indicates that it is necessary to establish clearer provisions than the abovementioned standard with regard to the maximum horizontal movement of loads (lifting, unloading, torsion, flexion, frequency of movements, maximum height for placement of loads, and other technical variables) which could be undertaken by an adult woman worker with reference to the abovementioned Decree. For many years the Committee has been asking the Government to take the necessary steps to give effect to the Convention. Pending the adoption of new standards, the Committee draws the Government’s attention to the fact that the preparation of a standard does not mean release from the obligation to apply a ratified Convention and that the present Article is the cornerstone of the present Convention. The Committee therefore requests the Government to provide information on the manner in which it ensures that, while the new standard is being prepared, workers are not required or allowed to transport loads whose weight is likely to jeopardize their health and safety and to give a detailed indication of how it is determined that a weight is likely to jeopardize workers’ health and safety. The Committee requests the Government to supply information on any technical standards that may exist in this connection and on the manner in which risks are assessed. The Committee also hopes that account will be taken of the physiological characteristics of workers in the preparation of the new standard, and also of the nature of the work and the conditions in which it is carried out, and requests the Government to keep it informed of any further developments.

Part V of the report form, in conjunction with Articles 3 and 7 of the Convention. Manual transport of loads by women and young workers. The Committee notes the Government’s indication in its report that it has given the necessary instructions for the supply of information on reports from the inspection services, available statistics and other information which will be sent with the next report. The Committee hopes that the Government will send this information with its next report and also requests it to provide a general appraisal of the manner in which the Convention is applied in its country, especially the application in practice of Articles 3 and 7 of the Convention.

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

2. Article 3 of the Convention. Maximum weight of a load transported by an adult worker. With reference to its previous comments, the Committee notes that there is no provision establishing the maximum weight of a load transported by an adult worker and that the Government has called on the Occupational Health Council, a body under the responsibility of the Ministry of Labour and Social Security, to take the necessary action to regulate the maximum weight that may be transported by an adult worker. The Committee trusts that the above action will be taken in the near future and requests the Government to provide information on any progress achieved in this respect.

3. Part V of the report form. Application of the Convention in practice. The Committee notes that, according to the Government’s report, the competent authorities do not keep registers of inspection reports and that the Government retains the hope that in the near future it will be in a position to provide statistical data on the application of the Convention. The Committee hopes that the Government’s next report will contain information on the manner in which the Convention is applied in practice in the country including, for example, extracts from reports of the inspection services and, so far as such statistics are available, information concerning the number and nature of contraventions reported and the action taken on them, etc.

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The Committee takes note of the Government’s last report. It also notes the adoption of Act No. 2026 of 27 October 1999 on children and young persons.

The Committee draws the Government’s attention to the following points.

1. Article 3 of the Convention. The Committee notes the provisions contained in the Act on Children and Young Persons of 1999 in relation to the application of the Convention, the respective provisions of the Labour Code as well as the provisions of Decree No. 11074-TSS of 5 May 1980, section 2 of which prescribes maximum weight limits for loads that may be transported manually by women and young persons of either sex. It observes that neither the Labour Code nor Decree No. 11074-TSS of 5 May 1980 contain a provision specifying the maximum permissible weight that may be transported manually by one adult male worker. The Committee accordingly requests the Government, if there is no provision in law or regulations which provides for the maximum permissible weight limits of load for the manual transport by one single adult worker, to indicate the measures taken or contemplated to this end. In this respect, the Committee draws the Government’s attention to Paragraph 14 of Recommendation No. 128, which advocates a maximum weight of 55 kg for male adult workers.

2. The Committee further requests the Government to communicate, with its next report, information on the manner in which the Convention is applied in practice in the country, giving, for example, extracts from reports of the inspection services and, so far as such statistics are available, information concerning the number and nature of contraventions reported and the action taken on them, etc., as requested in Part V of the report form to the Convention.