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Guarding of Machinery Convention, 1963 (No. 119) - Dominican Republic (RATIFICATION: 1965)

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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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The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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Application of the Convention. New legislation and application in practice. The Committee notes that the Government’s report, received on 1 November 2010, arrived too late to be examined. The Committee notes, however, that both Regulation No. 522-06 and Resolution No. 04-2007 incorporate the Convention in full and that the report reproduces extracts from the legislation that appear to give effect to the provisions of the Convention. So that it can examine the Government’s report more thoroughly, the Committee asks the Government to provide copies of the legislation cited and to reply to the matters raised by the Committee in its previous comments. It also requests the Government to provide detailed information on the application of the Convention in practice.

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1. The Committee notes the information contained in the Government’s report. It notes with interest the information on the application of Article 1, paragraph 2 (applicability of the Convention to machinery operated by manual power), and Article 16 (consultation of the most representative organizations of employers and workers concerned during the formulation of the relevant national legislation) of the Convention.

2. Article 2, paragraphs 3 and 4. Dangerous parts of machinery requiring guards. With reference to its previous comments, the Committee notes the information provided by the Government in its report to the effect that all the elements set out in this Article, as well as the parts and machinery referred to, are included in the amendment to Regulation No. 807, which has been submitted to the National Congress for examination by the legislators. The Committee requests the Government to indicate whether the amendment of Regulation No. 807 has already been adopted by the National Congress, based on the proposal presented by the Presidential Council, or if this amendment has been adopted by the Presidential Council and has been transmitted to the National Congress for information only. It asks the Government to provide a copy of the amended Regulation No. 807.

3. Article 4. Manufacturers and vendors upon whom the obligation to ensure compliance with the provisions of Article 2 shall rest. The Government indicates in its report that the new Regulations contain an appropriate provision. The Committee trusts that an amendment will be introduced into the above text and requests the Government to provide a copy of it after its enactment.

4. Article 15, paragraph 1. The necessary measures to ensure the effective enforcement of the provisions of the Convention. The Committee notes the Government’s indication concerning penalties and fines, as means of imposing sanctions, calculated in terms of minimum wages, and it requests the Government to indicate the provisions adopted in this respect.

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The Committee notes the reports supplied by the Government. In particular, the Committee notes the request by the Government for technical assistance from the International Labour Office with a view to the revision of Occupational Safety and Health Regulation No. 807 to bring it into conformity with the provisions of the Convention. The Committee therefore hopes that the Office will take the necessary measures to provide the Government with the technical assistance requested.

In the meantime, the Committee wishes to recall the various points on which the Government has to take measures with a view to giving effect to the respective provisions of the Convention.

1. Article 1, paragraph 2, of the Convention. The Committee recalls that measures will have to be taken to determine the hazards arising from machinery operated by manual power for the purpose of determining the applicability of the Convention to such machinery. It also recalls that this has to be done in consultation with the most representative organizations of employers and workers concerned.

2.  Article 2, paragraphs 3 and 4. The Committee recalls that in its previous comments it noted that the enumeration of dangerous parts in sections 100 to 103 of Regulation No. 807 does not include all the parts referred to in Article 2 of the Convention. The Committee also noted that the labour authorities were evaluating all measures intended to give effect to the Convention. The Committee referred in this respect to paragraphs 82 et seq. of its 1987 General Survey on safety in the working environment, in which it indicates that "it is essential for the effective application of Part II of the Convention that the national legislation designate those parts of machinery that present danger and require appropriate guarding", and that the initial definition of the dangerous machinery and parts thereof should as a minimum cover all those parts explicitly referred to in Article 2, paragraphs 3 and 4, of the Convention. The Committee therefore hopes that the Government will take the necessary measures to give effect to this provision of the Convention.

3. Furthermore, the Committee recalls that, among these measures, consideration should be given to the possibility of determining the cases in which those manufacturing and selling machinery are obliged to provide guards and to determining the dangerous parts of machinery so as to include all the parts explicitly referred to in the Convention under the terms of Article 4.

4. The Committee once again requests the Government to provide information on the measures taken to ensure that appropriate penalties are imposed in the event of failure to comply with current provisions on the guarding of machinery (Article 15, paragraph 1).

The Committee draws the Government’s attention to the fact that, by virtue of Article 16 of the Convention, any national laws or regulations giving effect to the provisions of the Convention shall be made by the competent authority after consultation with the most representative organizations of employers and workers concerned and, as appropriate, manufacturers’ organizations.

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1. Article 1, paragraph 2, of the Convention. In its previous direct request the Committee asked the Government to provide information on the measures taken or envisaged to determine the risk that machinery operated by manual power represents for the physical safety of the worker and whether the Convention should apply to such machinery. It also asked for information on the consultations held on this subject with the organizations of employers and workers.

2. With regard to Article 2, paragraphs 3 and 4, the Committee observed that section 141 of Occupational Safety and Health Regulation No. 807 requires those manufacturing and selling machinery to provide guards whenever necessary.

In this connection, the Committee referred to paragraphs 82 et seq. of its 1987 General Survey "Safety in the Working Environment", in which it indicates that "it is essential for the effective application of Part II of the Convention that the national legislation designate those parts of machinery that present a danger and require appropriate guarding", and that the initial definition of the dangerous machinery and parts thereof should as a minimum cover all those parts enumerated in Article 2(3) and (4) of the Convention.

The Committee noted that the enumeration of dangerous parts in sections 100 to 103 of Regulation No. 807 does not include all the parts explicitly enumerated in Article 2 of the Convention. It also noted that the labour authorities are evaluating all measures intended to give proper effect to the Convention.

The Committee expressed the hope that among these measures, consideration would be given to the possibility of determining the cases in which those manufacturing and selling machinery are obliged to provide guards, and to determining the dangerous parts of machinery so as to include all the parts expressly enumerated in the Convention.

3. The Committee also asked the Government to provide information on the measures taken to ensure that appropriate penalties were imposed in the event of failure to comply with current provisions on the guarding of machinery. The Committee notes with interest that, according to the information in the Government's report, the National Health and Safety Directorate of the Ministry of Labour has requested technical assistance from the ILO in revising Regulation No. 807 on Occupational Safety and Health in order to update it and harmonize it with the provisions of the Convention. The Committee hopes that the revised Regulation on Occupational Safety and Health will enable effect to be given to the provisions of the Convention. In this connection the Committee points out to the Government that under Article 16 of the Convention, any national laws or regulations giving effect to the provisions of the Convention must be framed by the competent authority after consultation with the most representative organizations of employers and workers concerned and, as appropriate, manufacturers' organizations.

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The Committee notes the Government's report.

Article 1, paragraph 2. The Committee refers to sections 95 and 96 of Occupational Safety and Health Regulation No. 807, which use the term "machinery" without specifying whether it includes machinery operated by manual power.

The Committee notes that, according to the Government's report, the labour authorities are preparing to take decisions in order to determine the risk that such machinery represents for the physical safety of the worker and whether it should be considered to be machinery for the purposes of the application of the Convention.

The Committee wishes to refer to paragraph 27 of its General Survey on Safety in the Working Environment in which it emphasises the importance of such decisions, in view of the risks of injury involved in the use of such machinery.

The Committee requests the Government to report on the measures that have been taken or are envisaged to determine the risk of injury resulting from machinery operated by manual power and to decide on the application of the Convention to this machinery, and on the consultations that have been held in this respect with the organisations of employers and workers.

With regard to Article 2, paragraphs 3 and 4, the Committee notes that section 141 of Occupational Safety and Health Regulation No. 807 obliges those manufacturing and selling machinery to provide guards whenever necessary.

In this connection, the Committee wishes to refer to paragraphs 82 et seq. of its 1987 General Survey on Safety in the Working Environment in which it indicates that "it is essential for the effective application of Part II of the Convention that the national legislation designate those parts of machinery that present danger and require appropriate guarding", and that the initial definition of the dangerous machinery and parts thereof should as a minimum cover all those parts enumerated in Article 2, paragraphs 3 and 4, of the Convention.

The Committee notes that the enumeration of dangerous parts in sections 100 to 103 of Regulation No. 807 does not include all the parts explicitly enumerated in Article 2 of the Convention. The Committee also notes that, according to the Government's report, the labour authorities are evaluating all measures intended to give effect to the Convention.

The Committee hopes that among these measures, consideration will be given to the possibility of determining the cases in which those manufacturing and selling machinery are obliged to provide guards, and to determining the dangerous parts of machinery so as to include all the parts enumerated in the Convention.

The Committee requests the Government to keep it informed in this respect.

Article 15. In its report, the Government states that the labour authorities are examining the penalties to be applied in the event of the current provisions respecting the guarding of machinery not being observed.

The Committee requests the Government to supply information on the measures that have been taken to ensure that appropriate penalties are prescribed in the event of these provisions not being observed.

Article 16. The Committee notes that, according to the information supplied by the Government in its report, Regulation No. 807 is being revised in order to bring it into conformity with the provisions of the Convention.

The Committee requests the Government to supply information on the consultations that have been held with organisations of employers and workers in accordance with the provisions of Article 16 of the Convention.

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The Committee notes that the Government's report that was due for the period ending 30 June 1988 has not been received. The Committee has, however, noted the information contained in the last (unrequested) report which was supplied by the Government in 1987, to the effect that the draft of a text to amend a number of provisions in the Occupational Safety and Health Regulations in order to give fuller effect to the Convention has not yet been adopted and is being revised. The Committee once again hopes that it will be possible to adopt this draft in the near future and that the Government will not fail to supply information on the progress achieved in this respect.

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