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Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) - Cuba (RATIFICATION: 2008)

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Previous comments: C.148, C.155 and C.187

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.

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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 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.

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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.

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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.