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Chemicals Convention, 1990 (No. 170) - Dominican Republic (RATIFICATION: 2006)

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Previous comments: C.167, C.170, C.187

In order to provide a comprehensive view of the issues relating to the application of ratified occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine Conventions Nos 45 (underground work (women)), 119 (guarding of machinery), 167 (OSH in construction), 170 (chemicals) and 187 (promotional framework for OSH) in a single comment.
The Committee notes the information provided by the Government on the application of Article 4(3)(d) of Convention No. 187 and Article 16 of Convention No. 170, which responds to its previous comments.
Application in practice of Conventions Nos 119, 167, 170 and 187. The Committee requests the Government to provide information on the application in practice of the ratified OSH Conventions, including the number, type and cause of notified occupational accidents and diseases, and also information on inspection activities which have been carried out, including the number of inspections and investigations conducted and the number of infringements detected, corrective measures applied and penalties imposed.

A. General provisions

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

Article 2(3) of the Convention. Periodic consideration of measures that could be taken to ratify relevant occupational safety and health Conventions of the ILO. Further to its previous comments, the Committee notes the Government’s indication in its report that, with a view to reactivating the tripartite round table on issues relating to international labour standards, which is responsible for analysing and discussing the content and possible impact of ILO Conventions which the State proposes to ratify, the Under-Ministry for Trade Union and Employer Relations is reviewing and updating the Regulations on the functioning of the tripartite round table. While noting this information, and referring to its comments on the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), the Committee requests the Government to provide information on the periodic consideration of measures that could be taken to ratify relevant ILO occupational safety and health (OSH) Conventions, including in the context of the round table on issues relating to international labour standards, and on the outcome of consultations held in this regard with the most representative employers’ and workers’ organizations.
Article 3(1). Promotion of a safe and healthy working environment through a national policy. Further to its previous comments, the Committee notes the Government’s indication that the formulation of a draft national policy on OSH for the short, medium and long term is at an early stage. The Government indicates that once the draft national policy has been finalized, it will be submitted for evaluation to the National Occupational Safety and Health Council (CONSSO), a Ministry of Labour advisory body on the prevention of occupational accidents and diseases.
The Committee also notes the Government’s indication that CONSSO is being reactivated and that it will ordinarily meet every three months and hold additional special meetings whenever required by the chair or at the request of “50 per cent plus one” of the members of the multisectoral management, in accordance with section 7 of Decree No. 989 of 2003. The Committee requests the Government to continue providing information on progress made with regard to the formulation and adoption of the national OSH policy, in consultation with the most representative employers’ and workers’ organizations. The Committee also requests the Government to provide information on progress made with regard to the reactivation of CONSSO, the frequency of meetings actually held, and the outcome thereof.
Article 4(3)(h). Support mechanisms for a progressive improvement of OSH conditions in micro, small and medium-sized enterprises (MSMEs) and in the informal economy. The Committee notes the Government’s indication, in reply to its previous comments, that the review and updating of the 2006 Occupational Safety and Health Regulations and their supplementary resolutions (Resolution No. 04 of 2007 and Resolution No. 07 of 2007, which establish the registration and certification procedure for OSH service providers) include the strengthening of OSH in the MSME sector. The Government indicates that this review and update will enable the Industrial Safety and Health Department at the Ministry of Labour to: (i) launch a training process in MSMEs; and (ii) implement a pilot support plan for their formalization and certification in OSH. The Committee requests the Government to continue providing information on the support mechanisms for a progressive improvement of OSH conditions in MSMEs and in the informal economy, including information on measures taken with regard to the formalization of this category of enterprises and their impact on the progressive improvement of OSH conditions.
Article 5. National programme. Further to its previous comments, the Committee once again requests the Government to provide information on the measures taken to establish a national programme on OSH in accordance with the requirements of Articles 5(1) and 5(2) of the Convention, and to publicize and implement the national programme in accordance with Article 5(3). The Committee also requests the Government to provide information on the employers’ and workers’ organizations which have been consulted, including in the context of CONSSO.

B. Protection against specific risks

Chemicals Convention, 1990 (No. 170)

Article 4 of the Convention. Coherent policy on safety in the use of chemicals at work, in consultation with the most representative organizations of employers and workers. The Committee notes the Government’s indication, in reply to its previous comments, that in the context of the “Capacity-building project for the Ministry of Labour for improving working conditions in agriculture in the Dominican Republic (FORMITRA)”, implemented with ILO technical assistance, the Ministry of Labour, through the Industrial Safety and Health Department, drew up a proposal to amend and update the provisions relating to the use of chemicals at work in the 2006 Occupational Safety and Health Regulations and their supplementary resolutions. The Government indicates that this proposal includes provisions on the handling, storage and transportation of chemicals and the maintenance of equipment and containers used for chemicals, and also on preventive measures, including those relating to personal protective equipment. The Government also states that in 2022, in the context of the FORMITRA project, the Industrial Safety and Health Department prepared “User-friendly guide to the use and application of pesticides”. It also indicates that, together with the launch of the guide, 14 training workshops were held for employers, workers and public institutions in the agricultural sector, among others. The Committee also notes the Government’s indication that an action plan was formulated in relation to implementing the “Strategic approach to international chemicals management (SAICM)”.
The Committee requests the Government to continue providing information on the measures taken for the implementation and periodic review of a coherent policy on safety in the use of chemicals at work, including information on the impact of the legislative amendments made and on the implementation of the action plan related to the SAICM. The Committee also requests the Government to provide information on the consultations held in the process of formulation, implementation and periodic review of the policy, indicating the employers’ and workers’ organizations consulted, and the outcome of these consultations.
Article 10. Identification of chemicals.The Committee once again requests the Government to provide information on the measures taken, including in the context of the review and updating of the 2006 Occupational Safety and Health Regulations and their supplementary resolutions, to guarantee that employers ensure: (i) that all chemicals used at work are duly labelled or marked and that chemical safety data sheets have been provided and are made available to workers and their representatives (paragraph 1); (ii) that, when chemicals are received that have not been labelled or for which chemical safety data sheets have not been provided, they obtain the relevant information from the supplier or from other reasonably available sources, and that these chemicals are not used until such information is obtained (paragraph 2); (iii) that only chemicals which are duly classified, identified or assessed and labelled or marked are used, and that any necessary precautions are taken when they are used (paragraph 3); and (iv) that a record is maintained of hazardous chemicals used at the workplace, cross-referenced to the appropriate chemical safety data sheets, and is accessible to all workers concerned and their representatives (paragraph 4).
Article 11. Transfer of chemicals.The Committee once again requests the Government to provide information on the measures taken, including in the context of the process to review and update the 2006 Occupational Safety and Health Regulations and their supplementary resolutions, to guarantee that when chemicals are transferred into other containers or equipment, employers ensure that the contents are indicated in a manner which will make known to workers their identity, any hazards associated with their use and any safety precautions to be observed.
Article 12(d). Keeping of records of the monitoring of the working environment and the exposure of workers.The Committee once again requests the Government to provide information on the measures taken, including in the context of the process to review and update the 2006 Occupational Safety and Health Regulations and their supplementary resolutions, to guarantee that employers ensure that the records of the monitoring of the working environment and of the exposure of workers using hazardous chemicals are kept for a period prescribed by the competent authority and are accessible to the workers and their representatives, in accordance with Article 12(d) of the Convention. The Committee also requests the Government to indicate the period prescribed by the competent authority for keeping such data.
Article 18(1) and (2). Right of workers to remove themselves from danger and protection against undue consequences. Further to its previous comments, the Committee notes the Government’s indication that in the context of the process to review and update the 2006 Occupational Safety and Health Regulations and their supplementary resolutions, section 4(3) of these Regulations was brought into conformity with Article 18(1) and (2) of the Convention. While duly noting the information provided by the Government on the measures taken to bring its legislation into line with Article 18(1) and (2) of the Convention, the Committee urges the Government to step up its efforts to amend and update the 2006 Occupational Safety and Health Regulations and their supplementary resolutions in order to give effect to Article 18(1) and (2) of the Convention. The Committee also requests the Government to indicate the date of adoption of the amendments made to the 2006 Occupational Safety and Health Regulations and to provide a copy of the amended Regulations.

C. Protection in specific branches of activity

Safety and Health in Construction Convention, 1988 (No. 167)

Article 3. Consultations. Further to its previous comments, the Committee notes the Government’s indication that the joint OSH committees established for all construction projects, in accordance with section 6(1) of Resolution No. 04 of 2007, hold periodic monthly meetings to evaluate and monitor the prevention of occupational risks and the protection of construction workers in the context of the OSH programme for construction work. The Government indicates that the minutes of the meetings of the technical round tables of the committees are sent to the Ministry of Labour, via the Industrial Safety and Health Department. The Committee also notes that CONSSO can also suggest sectoral programmes and plans to the Ministry of Labour (sections 4(2) and 4(3) of Executive Decree No. 989 of 2003). The Committee requests the Government to continue providing information on the consultations held with employers’ and workers’ organizations to give effect to the provisions of the Convention, in the context of CONSSO once it is reactivated, including the content of the consultations held and the measures taken to this end.
Article 34. Reporting of accidents and diseases. In response to the Committee’s previous comments on methods for reporting occupational accidents, the Government indicates that the latter are reported to the Dominican Institute for Occupational Risk Prevention and Protection through complaints from the trade unions, workers and joint committees by means of form ATR-2, and to the Ministry of Labour, through the minutes of the monthly ordinary meetings. The Committee observes that form ATR-2 contains elements which apply only to registered workers (the occupational insurance scheme to which they belong, start date at the enterprise, and length of service in the job). The Committee also notes that the Government does not provide any information on methods for reporting occupational diseases of unregistered workers. The Committee requests the Government to provide information on the measures taken to ensure the reporting of occupational accidents of unregistered workers, including the adaptation of form ATR-2 in relation to occupational accidents involving this category of workers. The Committee also requests the Government to provide information on methods for reporting occupational diseases of unregistered workers. The Committee further requests the Government to provide information on the number of reported occupational accidents and diseases involving both registered and unregistered workers in the construction sector.
Article 35. Adoption of the necessary measures to ensure the effective enforcement of the Convention. Further to its previous comments, the Committee notes the Government’s indication regarding the measures taken to ensure the application of the Convention, including drawing up a protocol for joint action between OSH technicians and labour inspectors to ensure adequate inspection, training for OSH technicians and labour inspectors so that they can communicate with workers who do not speak Spanish, and establishing penalties and corrective measures to ensure the effective application of the provisions of the Convention. While noting this information, the Committee requests the Government to continue providing information on the measures taken to organize appropriate inspection services to supervise the application of the Convention and to equip those services with the necessary resources to perform their task or to ensure that adequate inspections are carried out in the construction sector.

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 (SRM TWG), confirmed the classification of the Convention in the category of outdated instruments, and placed an item concerning its abrogation on the agenda of the 112th Session (2024) of the International Labour Conference. The Governing Body also requested the Office to take follow-up action to actively encourage ratification of up-to-date OSH instruments, including but not restricted 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 follow up on the Governing Body’s decision at its 334th Session (October–November 2018) approving the recommendations of the SRM TWG, and to consider ratifying the most up-to-date instruments in this subject area.The Committee takes this opportunity to remind the Government that the International Labour Conference, at its 110th Session (June 2022), added the principle of a safe and healthy working environment to the fundamental principles and rights at work, thereby amending the 1998 Declaration on Fundamental Principles and Rights at Work. The Committee draws the Government’s attention to the possibility of availing itself of ILO technical assistance in order to bring both practice and applicable legislation into conformity with the fundamental Conventions relating to OSH and to consider possible ratification of the Occupational Safety and Health Convention, 1981 (No. 155).

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Establishment of a tripartite forum to examine issues relating to international labour standards. The Committee notes with interest the agreement reached in July 2016 for the establishment of a tripartite forum responsible, among other functions, for examining and discussing compliance with ratified ILO Conventions (especially the fundamental and governance Conventions), which will contribute to the preparation of reports for the Committee of Experts.
The Committee notes Decree No. 522-06 of 17 October 2006 and Resolution No. 04 of 2007 of the Secretariat of State for Labour, as well as Resolution No. 02/2006 of the Secretariat of State for the Environment and Natural Resources, which give effect to Articles 5 (prohibition or restriction of the use of certain hazardous chemicals), 6 (classification systems), 7 (labelling and marking), 8 (chemical safety data sheets), 9 (responsibilities of suppliers), 12(a), (b) and (c) (evaluation, monitoring and recording the exposure of workers, and keeping of the records of monitoring of the working environment and of exposure), 13 (operational control), 14 (disposal), 15 (information and training), 16 (cooperation), 17 (duties of workers) and 18(3) (right of workers to obtain relevant information and documentation) of the Convention.
Article 4. Coherent policy on safety in the use of chemicals at work, in consultation with the organizations of employers and workers concerned. The Committee notes the Government’s indications in its report that, as from 2012, the National Council on Occupational Safety and Health (CONSSO), a consultative and advisory body of the Secretariat of State for Labour, was reactivated. The Committee also notes that the Government, together with the Ministry of the Environment and Natural Resources, developed an SAICM Strategic Plan (Strategic Approach to International Chemicals Management) covering the period 2014–20. The SAICM Strategic Plan establishes a framework for policies to promote the rational management of chemicals. The Committee requests the Government to provide more specific information on the measures adopted for the formulation, implementation and periodic review of a coherent policy on safety in the use of chemicals, in consultation with the most representative organizations of employers and workers concerned, including on the implementation of the SAICM Strategic Plan.
Article 10. Identification of chemicals. The Committee requests the Government to provide information on the measures taken to guarantee that employers ensure: that all chemicals used at work are labelled or marked irrespective of their hazard level and that chemical safety data sheets have been provided and are made available to workers and their representatives (paragraph 1); that, when chemicals are received that have not been labelled or for which chemical safety data sheets have not been provided, they shall not be used until such information is obtained (paragraph 2); that only chemicals which are duly classified, labelled and marked are used (paragraph 3); and that a record is maintained of hazardous chemicals used at the workplace which is accessible to all workers concerned (paragraph 4).
Article 11. Transfer of chemicals. The Committee requests the Government to provide information on the measures taken to require employers to ensure that the containers or equipment into which chemicals are transferred are also correctly marked and that their contents, any hazards associated and safety precautions are indicated.
Article 12(d). Keeping of records of the monitoring of the working environment and the exposure of workers. The Committee requests the Government to provide information on the measures taken to guarantee that employers ensure that the records of the monitoring of the working environment and of the exposure of workers using hazardous chemicals are kept for a period prescribed by the competent authority and are accessible to the workers and their representatives.
Article 16. Cooperation. The Committee requests the Government to provide information on the measures taken to ensure that employers cooperate as closely as possible with workers or their representatives with respect to occupational safety and health.
Article 18(1) and (2). Right of workers to remove themselves from danger. The Committee notes that section 4(3) of Decree No. 522-06 recognizes the right of workers to interrupt their work in cases where it involves a serious and imminent risk to their life or safety, when internal remedies with the employer have been exhausted. The Committee recalls that the requirement for workers to inform their supervisor immediately, as set out in Article 18, is a duty of information, but should not amount to a condition for the exercise of the right of workers to remove themselves from danger, nor should it involve a request for authorization for that purpose, as appears to be the case under the terms of section 4(3). The Committee observes that the conditions set out in section 4(3) of Decree No. 522-06 constitute a restriction on the right of workers established in this Article of the Convention. The Committee requests the Government to take the necessary measures to bring the legislation into conformity with Article 18 of the Convention.

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The Committee notes that the Government has not provided the detailed report that it had requested. It also notes that, in its brief report, the Government provides information on the application of the Convention in practice and on its commitment to make progress in its implementation. The Government undertakes to remain vigilant concerning compliance with the Convention. It adds that it is in the final stage of the procedure of gathering information to determine the profile of enterprises which make use of hazardous chemicals and that during the course of 2011 the following activities will be undertaken: recording, analysing and evaluating occupational diseases related to chemicals; reactivating the inter-institutional commission to monitor compliance with the Convention; and joining the Latin American and Caribbean bodies for a strategic approach to the management of chemicals at the international level. The Committee requests the Government to provide information on the action outlined above and reiterates its request for a detailed report indicating the legislation and provisions that give legislative effect to each Article and paragraph of the Convention. Even if not all elements are set out in law, such a report is fundamental to provide an idea of the elements that are applied and those which require improvement.
Part V of the report form. Application in practice. The Committee notes that, according to the Government’s report, with reference to the strengthening of the Ministry of Labour, training was provided in 2010 to 55 inspectors and five safety and health technicians. It also notes that the Industrial Safety and Health Directorate developed two instruments: one to determine whether or not a health and safety management system exists; and the other to monitor compliance with the OSH programme established in Regulation No. 522-06. In addition, 300 CDs were distributed to the same number of enterprises in the chemical industry and the enterprises were instructed to adopt the safety and health management system based on the ILO–OSH guidelines of 2001. During 2010, a total of 121 OSH inspections were conducted in enterprises in all branches of activity in which chemicals are used. These enterprises employ 35,735 workers, of whom approximately 23,000 are men and approximately 11,000 are women. The inspections monitored compliance with OSH programmes, joint OSH committees and the availability of safety sheets on the chemicals used, among other matters. The Committee requests the Government to continue providing information on the application of the Convention in practice.
[The Government is asked to report in detail in 2015.]

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Legislation. The Committee notes the Government’s first report and notes with interest that, according thereto, before ratification significant progress had been made in adopting legislation to give effect to the Convention. In this context, the Occupational Safety and Health Regulations were adopted by means of Executive Decree No. 522-06 of 7 October 2006. The Government indicates that the entire drafting process for the Regulations was carried out on a tripartite basis in numerous workshops and meetings attended by employers’ and workers’ representatives. The Committee notes that these Regulations appear to pave the way for application of a general occupational safety and health policy and could thus facilitate ratification of the Occupational Safety and Health Convention, 1981 (No. 155), the Protocol of 2002 thereto and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187). Considering the guiding role of the abovementioned instruments as a reference framework for integrating the various components of occupational safety and health, the Committee invites the Government to provide information on any developments in this regard.

The Committee further notes that the Government refers to the recent adoption of the Regulations on risk and safety labelling and information for hazardous materials; the Regulations on the transportation of hazardous substances and materials; and the Regulations on management of hazardous waste. It notes that, according to the Government’s report, the Regulations on classification, labelling, marking and safety data sheets require manufacturers, importers and suppliers of chemical products and substances to label their products, and that the Directorate-General of Health and Safety in Industry (DGHSI) requires labelling in Spanish and also asks for safety data sheets to be submitted. Furthermore, it notes that the Occupational Safety and Health Regulations prohibit the use of any variety of asbestos that involves projection, especially spraying, and any activity that involves the incorporation of low‑density (less than 1 g/cm3) insulation or soundproofing materials that contain asbestos. While welcoming this information, the Committee points out to the Government that the information supplied is not sufficient to allow an assessment of how the Convention is applied in the Dominican Republic. To carry out such an appraisal, the Committee would need detailed information on the provisions of the legislation that give effect to each Article of the Convention. Consequently, the Committee requests the Government to provide a detailed report indicating the legislation and the provisions thereof that give effect to each Article of the Convention in law.

Part V of the report form. Application in practice. The Committee notes the practical information sent by the Government, and in particular that the DGHSI has carried out 92 assessments of different enterprises, 43 of which belong to the chemical industry. It also notes that the DGHSI plans to draw up a profile of the enterprises that use hazardous chemicals; and to register, analyse and evaluate occupational diseases by chemical product; reactivate the inter‑institutional committee to monitor compliance with the Convention; and to join the Latin America and the Caribbean mechanisms in the interests of a strategic approach to the management of chemicals at international level. The Committee requests the Government to provide information on developments in these tasks performed by the DGHSI and to continue to provide the information requested in this part of the report form.

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