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Occupational Safety and Health Convention, 1981 (No. 155) - El Salvador (RATIFICATION: 2000)

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Previous comment

The Committee notes the observations of the Trade Union Confederation of Workers of El Salvador (CSTS), received on 17 May 2023.

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

Article 5(e) of the Convention. Protection of workers and their representatives from disciplinary measures as a result of actions properly taken. The Committee notes the Government’s information that protection of workers and their representatives from disciplinary measures is defined in section 2 of the proposed national policy on occupational safety and health (OSH).While noting that the policy on OSH has not yet been adopted, the Committee requests the Government to provide information on how protection is currently ensured of workers and their representatives from disciplinary measures, as a result of actions properly taken by them.

Article 7. Overall and sectoral reviews of safety and health.In the absence of updated information in this respect, the Committee requests the Government to provide further information regarding the technical studies on the working environment referred to. In particular, the Committee once again requests the Government to indicate how the findings of sectoral reviews and studies are taken into account in the development of the new national policy on OSH.

Article 13. Protection from undue consequences for workers who have removed themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health. The Committee notes the Government’s indication that section 73(4) of the General Act on the prevention of occupational risks sets out the obligation of workers to inform their manager of any potential risk to their safety and that of their co-workers. The Committee also notes the Government’s indication that the Labour Code grants workers who have removed themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health, protection from undue consequences, enabling them to remove themselves from any risk that endangers their life, physical integrity, or safety and health. In this respect, while the Committee notes that the Labour Code provides for the right of workers to terminate the employment contract in case of serious danger to their life or health (section 53(7)), it does not note any provision on the right to interrupt an employment situation while maintaining the employment relationship. In this respect, the Committee notes that the CSTS expresses the need to incorporate a provision into the General Act on the prevention of occupational risks to give effect to Article 13 of the Convention. Therefore, in the absence of specific provisions which give effect to Article 13 of the Convention, the Committee requests the Government to indicate the measures adopted or envisaged to guarantee that workers who remove themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health are protected from undue consequences. In the absence of such provisions, the Committee considers that the proposed reform of the General Act on the prevention of occupational risks and its four regulations could present an opportunity to adopt specific measures.

Article 21. OSH measures expenditure. The Committee notes that section 38 of the General Act on the prevention of occupational risks establishes the obligation for the employer to provide workers with personal protective equipment, work clothes, special tools and necessary technical measures for collective protection, as well as to ensure their proper use and maintenance, without entailing any financial burden whatsoever on the worker. In this respect, the Committee notes the CSTS’s indication that employers frequently deduct from workers’ wages the costs of damage to or defects in protection equipment or work clothes. The Committee requests the Government to transmit its comments in this respect. The Committee also requests the Government to provide information on any measures adopted to ensure in practice that OSH measures do not entail any expenditure for workers.

Protocol of 2002

The Committee notes the absence of information in the Government’s report in response to its previous comments on the application of the Protocol to Convention No. 155.

Article 1(d). Application of the Protocol to commuting accidents. In its previous comments, the Committee noted that section 317(4) of the Labour Code defines commuting accidents as those incurred on the way between the place of work and the worker’s residence, or vice versa, during a reasonable time and by means of a reasonable form of transport. The Committee recalls that the requirements and procedures for registration and notification, and the publication of statistics, must include, where relevant, commuting accidents (Articles2, 4 and 6 of the Protocol), and that the definition of commuting accidents contained in the Protocol also encompasses the way between work and the secondary residence of the worker (Article 1(d)(i)), the place where the worker usually takes a meal (Article 1(d)(ii)), and the place where the worker usually receives his or her remuneration (Article 1(d)(iii)). In this respect, the Committee notes that the CSTS, in relation with section 317(4) of the Labour Code, also expresses the need to introduce legislative measures to give effect to Article 1(d) of the Protocol. The Committee encourages the Government to consider, within the framework of the OSH legislative reform under way, broadening the obligations of registration and notification to cover all types of commuting accidents. It requests the Government to provide information on the measures adopted in this respect.

Articles 2(a), 3(a)(i) and 4(a)(i). Recording and notification of occupational diseases. Establishment and periodic review of requirements and procedures for recording and notification. The Committee notes the CSTS’s indication that, in practice, employers do not provide notification of cases of occupational diseases of their workers, reporting only occupational accidents and minor hazards. There are therefore no reliable registers on occupational diseases of workers in different economic sectors. In particular, the CSTS expresses concern about the maquila textiles industry, where women workers frequently report respiratory problems due to the inhalation of particles of mote of the fabric that they handle in dressmaking, and indicates that this also occurs in other industries and services. The Committee requests the Government to transmit its comments in this respect. With reference to its comments made in 2023 on the application of the Labour Inspection Convention, 1947 (No. 81) and the Labour Inspection (Agriculture) Convention, 1969 (No. 129), the Committee also requests the Government to indicate the measures adopted or envisaged to ensure, in practice, the effective registration of occupational diseases. The Committee also requests the Government to indicate the mechanisms available to the social partners for their participation in the periodic review of the requirements and procedures for recording and notification, and to provide information on any consultation held in this respect and its outcome.

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Articles 4 and 8 of the Convention. Formulation, implementation and periodic review of the national policy in consultation with the most representative employers’ and workers’ organizations. The Committee notes that the Government, in its report, indicates that with ILO technical assistance and following consultation with different sectors of the economy and public sector trade unions, proposals were drawn up on a national policy on occupational safety and health (OSH) and a revised General Act on the prevention of occupational risks, and its four regulations. The Government adds that the national policy on OSH has not yet been subject to a tripartite consultation process and that therefore it is currently treated as an internal technical paper. The Committee notes the Government’s information that the proposed national policy provides for the reactivation of the National Occupational Safety and Health Board (CONASSO), setting forth that it will be composed of representatives of public, workers’ and employers’ institutions, and that a regulation governing the Board must be established. In these circumstances, while welcoming the initiatives that have been taken, the Committee requests the Government to take the necessary steps to adopt the new policy on OSH in consultation with the most representative employers’ and workers’ organizations. In addition, noting that the draft national policy provides for the reactivation of CONASSO, the Committee would appreciate receiving information on any developments in this regard.

The Committee is raising other matters in a request addressed directly to the Government.

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Article 4 of the Convention. Formulation, implementation and periodic review of the national policy in consultation with the social partners. With reference to its previous comments on the periodic review, in consultation with the most representative organizations of employers and workers, of the national policy on occupational safety and health (OSH), the Committee notes the Government’s indication in its report that the “National Occupational Safety and Health Policy” for the period 2006–10 has not been renewed and it notes with concern that the National Occupational Safety and Health Board (CONASSO), the tripartite consultation body, has been inactive since 2013. However, the Government indicates that the main elements of the national policy were included in Legislative Decree No. 254 of 21 January 2010, adopting the General Act on the prevention of occupational hazards (LGPRLT), and its implementing Regulations. The Committee also notes from the 2017–18 report of the Ministry of Labour and Social Welfare that a number of promotional activities were undertaken to promote the objective of the Ministry of Labour and Social Welfare of a preventative culture from occupational risks with a gender perspective (including the training of a significant number of members of OSH committees). The Government adds that the national policy on OSH has not been reformulated in view of the priority given to the implementation of the LGPRLT, but that it will develop a plan to analyse and evaluate the national policy in relation to the legislation in force. With reference to its comments under the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), the Committee requests the Government to provide information on the measures taken or envisaged to ensure consultations with the most representative organizations of employers and workers concerning the periodic review of the national OSH policy, including measures taken to reactivate CONASSO.

Article 5(e). Protection of workers and their representatives. The Committee notes that the Government has not provided a reply in relation to its previous comments, concerning the protection of workers and their representatives from disciplinary measures as a result of actions properly taken by them, and that the legislation listed in the Government’s report in this respect does not give effect to Article 5(e) of the Convention. The Committee therefore once again requests the Government to provide information on the measures taken to ensure the protection of workers and their representatives from disciplinary measures as a result of actions properly taken by them in conformity with the national OSH policy.

Article 7. Overall and sectoral reviews of safety and health. With reference to its previous comments on the overall and sectoral reviews conducted on safety and health, the Committee notes the Government’s indication that the Ministry of Labour and Social Welfare, through the occupational hygiene section, is conducting working environment studies to determine whether there are hygiene risks affecting the health and safety of workers and that any risks identified are notified to employers, along with technical recommendations to mediate those risks and that workplace visits are undertaken to ensure compliance. The Committee requests the Government to provide information on how the findings concerning the working environment studies are taken into account in the review of the national policy on OSH.

Article 8. Adoption of the measures necessary to give effect to Article 4 on the formulation, implementation and periodic review of a coherent national policy, in consultation with the social partners. With reference to its previous comments on consultation with the social partners in the development of the national policy on OSH, the Committee notes the information provided by the Government on the consultations held in CONASSO in relation to the review of four draft Regulations of the LGPRLT and the tripartite consultative process in the Tripartite Agreement petitioning the President of the Republic to delay the entry into force of the LGPRLT. The Committee observes that these consultations were held in 2011 and 2012, respectively, and that, according to the Government, CONASSO has been inactive since 2013. The Committee requests the Government to provide information on the consultations held in relation to any recently adopted legislative provisions on OSH, including the 2014 reform of the Health Code.

Article 17. Obligation to collaborate when two or more enterprises engage in activities simultaneously at one workplace. The Committee notes the information provided by the Government, in response to its previous request, that section 6 of the Regulations on the management of risk prevention in the workplace of 2012 establishes that whenever two or more employers engage in activities simultaneously at one workplace, both shall collaborate in applying prevention measures.

Protocol of 2002

Article 1(d). Application of the Protocol to commuting accidents. In its previous comments, the Committee requested the Government to indicate whether its legislation covered commuting accidents in accordance with the definition provided in the Protocol. The Committee notes that section 317(4) of the Labour Code defines commuting accidents as those incurred on the way between the place of work and the worker’s residence, during a reasonable time and by means of a reasonable form of transport. The Committee recalls that the definition in the Protocol also encompasses the way between work and the secondary residence of the worker (Article 1(d)(i)), the place where the worker usually takes a meal (Article 1(d)(ii)), or the place where the worker usually receives his or her remuneration (Article 1(d)(iii)). The Committee requests the Government to indicate any measures, through legislative measures and/or legal decisions, to ensure the application, as appropriate, of Articles 2, 3 and 4 of the Protocol to commuting accidents occurring between work and the secondary residence of the worker, the place where the worker usually takes a meal or the place where the worker usually receives his or her remuneration.

Article 2. Establishment and periodic review of requirements and procedures for recording and notification. The Committee notes the Government’s statement, in response to its previous request concerning consultations held pursuant to Article 2 of the Convention, that consultations have not been held. The Committee requests the Government to indicate the mechanisms that exist for the social partners to participate in the periodic review of the requirements and procedures for recording and notification, and to provide information on any consultations held in that respect and their outcome.

Article 5(b) and (c). Injured persons. Circumstances of the accident or disease. In its previous comments, the Committee requested the Government to provide information on the manner in which it ensures notification of the information provided for in Article 5(b) and (c). The Committee notes in this respect that the accident notification form, established by the General Directorate of Social Security, requires the information provided for in Article 5(b) and (c) of the Protocol.

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I. Convention No. 155

Article 4 of the Convention. Formulation, implementation and periodic review of national policy in consultation with the social partners. In relation to its previous comments, the Committee notes the Government’s indication that although the National Policy of 2006 was due to end in 2010, it is still in force. The Ministry of Labour and Social Security (MTPS) considers that this policy does not meet current needs and requirements and, in addition, contains points that do not coincide with the recent General Act concerning the prevention of occupational risks, which was adopted by Legislative Decree No. 254 of 2010. The Committee notes that the Government has not supplied the requested information on how, and how often, the policy is reviewed, or the results of the evaluation and areas for future action. Moreover, it does not provide information on the activities relating to the review of national policy undertaken by the National Occupational Safety and Health Board (CONASSO), which, according to the Government’s indication in its previous report, is the tripartite social dialogue body that constitutes the forum for the analysis, definition, consultation and promotion of policies, programmes, projects and actions for the prevention of occupational risks. Furthermore, the Government indicates that, at the time of preparing its report, there were no worker representatives on the Higher Labour Council, the body to which CONASSO is attached, and so the workers were not consulted on the report. This suggests that there is no active consultation regarding the implementation and revision of the national policy. The Committee emphasizes that the national policy provided for in Article 4 of the Convention entails a dynamic, cyclical process and requires periodic review to ensure that progress including scientific and technological change occurring in the working environment can be incorporated into the national policy. Accordingly, Article 4 provides that the formulation, implementation and periodic review of a national policy on occupational safety and health (OSH) must be undertaken in consultation with employers’ and workers’ representatives. The Committee requests the Government to take the necessary measures to ensure a periodic review of national OSH policy, in consultation with the most representative organizations of employers and workers, and to supply information in this respect, indicating the consultations held. The Committee once again requests the Government to provide information on the manner in which the national policy is reviewed and at what intervals, indicating the results of the evaluation of the areas of action for making future improvements. The Government is also requested to provide any related documentation.

Article 5(e). Protection of workers and their representatives. The Committee notes that the information supplied is not relevant to this Article. As the Committee indicated in paragraph 73 of its 2009 General Survey on occupational safety and health, Article 5(e) of the Convention refers to the protection of workers and their representatives from disciplinary measures as a result of actions properly taken by them in conformity with the national policy referred to in Article 4 of this Convention. The Committee requests the Government to provide information on the effect given in law and in practice to Article 5(e) of the Convention.

Article 7. Overall and sectoral reviews. The Committee notes that the Government provides information on medical examinations and reviews of the working environment, which does not correspond to this Article of the Convention. The present Article refers to reviews of the situation in specific sectors (such as mining) or in relation to specific subjects (for example, the most vulnerable workers) and indicates that the purpose of such reviews is to identify major problems, devise effective methods for dealing with them, set priorities for action and evaluate the results. The Committee requests the Government to provide information on the existence of mechanisms for undertaking the types of review referred to above, and to indicate any reviews that have been undertaken and the results thereof.

Article 8. Adoption of the necessary measures to give effect to the Convention, including legislative measures, in consultation with the social partners. The Committee notes the information supplied by the Government concerning the adopted legislation. It notes in particular the adoption of Decree No. 89 of 27 April 2012 (General Regulations on Occupational Risk Prevention). Observing that the Government has not supplied any information on consultations held, the Committee notes that this Article requires that the measures concerned, including legislative measures, must be adopted in consultation with the representative organizations of employers and workers concerned. The Committee requests the Government to ensure consultations with the social partners on the adoption of measures to give effect to the Convention, and to supply information on the measures taken, the legislation adopted, and the consultations held in relation to those measures, including the abovementioned Regulations.

Article 13. Protection from undue consequences. In relation to its previous comments, the Committee notes the Government’s indications that the Director-General of Social Welfare is empowered, when the seriousness of the risk justifies it, to ask the Director-General of Labour Inspection to close some or all parts of workplaces or to ban the use of machinery. The Committee indicates that even though the closure of workplaces by the authorities contributes to the health and safety of workers, it does not give effect to the present Article of the Convention. The Committee recalls that Article 13 of the Convention provides that a worker who has removed himself from a work situation which he has reasonable justification to believe presents an imminent and serious danger to his life or health shall be protected from undue consequences. This Article does not refer to the closure of workplaces but to stoppages of work in the circumstances indicated in Article 13, where it is the worker who takes the decision and who must be protected accordingly. This provision is linked to Article 19(f), which provides that arrangements must be made in the undertaking, under which a worker reports forthwith to his supervisor any situation which presents an imminent and serious danger. The Committee notes that section 85(3) of Decree No. 254 establishes penalties for any failure by the worker to inform his/her immediate superior at once of any situation which, in his opinion, could present a serious and imminent risk in terms of OSH, and also of any defects identified in protection systems. On the other hand, the aforementioned provision does not establish the protection due should the worker deem it necessary to stop work because he/she believes that there is an imminent and serious danger. The Committee requests the Government to take the necessary measures to give effect to Article 13 of the Convention and to provide information in this respect.

Article 17. Obligation to collaborate whenever two or more undertakings engage in activities simultaneously at one workplace. The Committee notes that the information supplied by the Government does not correspond to this Article of the Convention. The Government refers in its report to section 6 of Decree No. 254 regulating the coordination between state institutions with regard to OSH (Article 15 of the Convention), whereas Article 17 of the Convention covers a different situation. In this regard, the Committee refers to paragraph 174 of its 2009 General Survey on occupational safety and health, which reads as follows: “The task of ensuring that an adequate level of safety and health is maintained at worksites, such as large public works or other construction sites, involving several contractors of all sizes and trades, requires the establishment of effective mechanisms for collaboration, coordination and communication, as well as the definition of the respective duties and responsibilities of each of the actors on the site. Article 17 provides that ‘whenever two or more undertakings engage in activities simultaneously at one workplace, they shall collaborate in applying the requirements of this Convention’, while Paragraph 11 of the Occupational Safety and Health Recommendation, 1981 (No. 164), specifies that in this case ‘they should collaborate in applying the provisions regarding occupational safety and health and the working environment, without prejudice to the responsibility of each undertaking for the health and safety of its employees. In appropriate cases, the competent authority or authorities should prescribe general procedures for this collaboration.’” The Committee requests the Government to provide information on the effect given to this Article of the Convention in law and in practice.

II. Protocol of 2002

The Committee notes the Government’s first report on the application of the Protocol of 2002 to the present Convention.

Legislation. The Committee notes that, according to the information supplied by the Government, the matters covered by the Protocol are regulated by Legislative Decree No. 254, referred to above, and its implementing regulations, adopted by Decree No. 89 of 27 April 2012. It also notes the user manual relating to the National Occupational Accident Notification System (SNNAT) and the “quick guide” to the SNNAT.

Article 1(d) of the Protocol. Commuting accidents. The Committee requests the Government to indicate whether the legislation covers the concept of “commuting accident”, namely an accident resulting in death or personal injury occurring on the direct way between the place of work and: (i) the worker’s principal or secondary residence; or (ii) the place where the worker usually takes a meal; or (iii) the place where the worker usually receives his or her remuneration.

Article 2. Establishment and periodic review of requirements and procedures for registration and notification. The Committee notes that section 2 of Legislative Decree No. 254 establishes the obligation of keeping an up-to-date register of occupational accidents, occupational diseases and dangerous occurrences. The Committee requests the Government to supply information on the consultations held with the most representative organizations of employers and workers with a view to establishing and periodically reviewing requirements and procedures for registration and notification, as referred to in this Article of the Convention, and to provide information on the results of those consultations. In view of the fact that the legislation does not appear to cover commuting accidents, the Government is requested to indicate the consultations held on this matter and the results thereof.

Article 5(b) and (c). Injured persons. Circumstances of the accident or disease. The Committee notes that the Government’s report does not contain any information on the effect given to these provisions, particularly as regards the circumstances of the exposure to health hazards in relation to occupational diseases. The Committee requests the Government to provide detailed information on the manner in which national law and practice ensures the notification of the information specified in Article 5(b) and (c).

Article 6. Publication of statistics. The Committee notes the Government’s indication that the SNNAT facilitated the dissemination of statistics during 2012 and 2013, and it notes the related bulletins which are attached. The Committee requests the Government to continue providing information in this respect.

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The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Repetition
Article 4 of the Convention. Formulation, implementation and periodic review of national policy in consultation with the social partners. The Committee notes Agreement No. 93 of 2006 whereby the National Occupational Safety And Health (OSH) policy was adopted. It notes from the preamble that the Higher Labour Council is the tripartite body for social dialogue which, via the National Occupational Safety and Health Commission, is the forum for analysis, definition, consultation and promotion of policies, programmes, projects and actions in the field of occupational hazard prevention. However, it notes that this document does not show the mechanisms for the implementation and periodic review of this national policy. Also with reference to the 2009 General Survey on occupational safety and health, paragraphs 54–59, the Committee emphasizes that, under the terms of this Article, the State must, in consultation with the most representative employers’ and workers’ organizations, formulate, implement and periodically review a coherent national policy in this field. This implies a dynamic of implementation and periodic review in consultation with the social partners, with a view to ensuring an evaluation of its application in practice and determination of the spheres of action for achieving future improvements. The Committee requests the Government to provide information on the manner in which the national policy is reviewed and at what intervals, indicating the results of the evaluation of the areas of action for achieving future improvements.
Articles 4 and 8. Laws and regulations relating to the national policy. The Committee notes the adoption, by means of Legislative Decree No. 254 of 2010, of the General Act concerning occupational hazard prevention, published on 5 May 2010. It notes with interest that the preamble to the new Act expresses the Government’s will to give effect to the present Convention and that it provides for the formulation of programmes to manage occupational hazard prevention at the enterprise level and for the establishment of OSH committees that will participate in the formulation, implementation and evaluation of the policy and programme for the management of occupational hazards. However, it notes that the Act does not appear to give effect to certain articles of the Convention, such as Article 13, according to which any worker who has removed himself from a work situation which he has reasonable justification to believe presents an imminent and serious danger to his life or health shall be protected from undue consequences. The Government previously indicated that section 106 of the Labour Code identifies the activities that present an imminent and serious danger. However, Article 13 of the Convention does not refer to activities but to a work situation that may arise, without specifying a particular type of activity, and to the need to protect the worker from undue consequences, and this is not covered by section 106 of the Labour Code or by the new legislation. The Committee informs the Government that further clarification can be found in the 2009 General Survey, paragraphs 145–152. In view of the legislative changes that have occurred, particularly, the new Act and the national policy, the Committee considers it necessary to undertake a full analysis of the effect given to the Convention in law and in practice and requests the Government to send a detailed report according to the terms of the report form.
Article 14. Promoting the inclusion of questions of occupational safety and health and the working environment at all levels of education and training. The Committee notes with interest the activities undertaken by the Government to promote OSH matters. It notes the indication that the Ministry of Labour has concluded agreements with Matías Delgado University in El Salvador and the Polytechnic University of Madrid. It also notes the information relating to technical diploma courses given and persons trained, including 300 OSH technicians at the Ministry of Labour and in the private sector. Furthermore, coordination was increased with the Social Security Institute of El Salvador and with the Association of Agricultural Suppliers for the purpose of training, including in relation to the safe use and storage of pesticides. Work has been ongoing since February 2008 on the formulation of a “local strategic alliance”, which continues to pool efforts in the health, labour, environment and education sectors through the implementation of coordinated strategic lines of action, on the basis of the Plan of Action of the 4th Summit of the Americas in 2005. It also notes the different actions designed to reinforce labour inspection with support from the social partners and technical assistance from the Office in the context of the “civil service reinforcement project”. Another key task which has been assigned to the labour inspectorate is promotion, training, advice and guidance for workers and employers in the context of the new General Act concerning occupational hazard prevention. The Committee requests the Government to continue to supply information on the application of this Article of the Convention.
Part V of the report form. Application of the Convention in practice. The Committee notes the detailed information supplied by the Government including extracts from labour inspection reports and the number of workers covered, disaggregated by sex, including statistics on occupational accidents by branch of activity. The Committee notes that, for both men and women, the highest number of recorded accidents is in the manufacturing industry. The Committee requests the Government to specify in which manufacturing activities the highest number of accidents is recorded, and to continue to supply information on the application of the Convention in practice, including with regard to workers in agriculture.
Protocol of 2002 to the present Convention. The Committee notes with interest that the Government has ratified the Protocol of 2002 to the present Convention. The Committee requests the Government to send a detailed report on the application of the Protocol of 2002 in the terms indicated in the corresponding report form, together with the detailed report on the application of the present Convention.
Plan of Action (2010–16). The Committee wishes to take this opportunity to inform the Government that in March 2010 the ILO Governing Body adopted a Plan of Action to achieve widespread ratification and effective implementation of the key instruments in OSH, namely: the Occupational Safety and Health Convention, 1981 (No. 155), its Protocol of 2002, and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) (GB.307/10/2(Rev.)). Noting that the Government has already ratified two of the key instruments in the Plan of Action and that it is making intense efforts to give effect to them in law and in practice, the Committee wishes to draw the Government’s attention to the fact that, under the terms of the Plan, the Office is available to provide assistance to facilitate the application of the present Convention and its Protocol of 2002 and, if the Government so desires, to clarify the scope and additional aspects of Convention No. 187. The Committee requests the Government to supply information on any need for technical assistance that it may have in this respect.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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Article 4 of the Convention. Formulation, implementation and periodic review of national policy in consultation with the social partners. The Committee notes Agreement No. 93 of 2006 whereby the National Occupational Safety And Health (OSH) policy was adopted. It notes from the preamble that the Higher Labour Council is the tripartite body for social dialogue which, via the National Occupational Safety and Health Commission, is the forum for analysis, definition, consultation and promotion of policies, programmes, projects and actions in the field of occupational hazard prevention. However, it notes that this document does not show the mechanisms for the implementation and periodic review of this national policy. Also with reference to the 2009 General Survey on occupational safety and health, paragraphs 54–59, the Committee emphasizes that, under the terms of this Article, the State must, in consultation with the most representative employers’ and workers’ organizations, formulate, implement and periodically review a coherent national policy in this field. This implies a dynamic of implementation and periodic review in consultation with the social partners, with a view to ensuring an evaluation of its application in practice and determination of the spheres of action for achieving future improvements. The Committee requests the Government to provide information on the manner in which the national policy is reviewed and at what intervals, indicating the results of the evaluation of the areas of action for achieving future improvements.

Articles 4 and 8. Laws and regulations relating to the national policy. The Committee notes the adoption, by means of Legislative Decree No. 254 of 2010, of the General Act concerning occupational hazard prevention, published on 5 May 2010. It notes with interest that the preamble to the new Act expresses the Government’s will to give effect to the present Convention and that it provides for the formulation of programmes to manage occupational hazard prevention at the enterprise level and for the establishment of OSH committees that will participate in the formulation, implementation and evaluation of the policy and programme for the management of occupational hazards. However, it notes that the Act does not appear to give effect to certain articles of the Convention, such as Article 13, according to which any worker who has removed himself from a work situation which he has reasonable justification to believe presents an imminent and serious danger to his life or health shall be protected from undue consequences. The Government previously indicated that section 106 of the Labour Code identifies the activities that present an imminent and serious danger. However, Article 13 of the Convention does not refer to activities but to a work situation that may arise, without specifying a particular type of activity, and to the need to protect the worker from undue consequences, and this is not covered by section 106 of the Labour Code or by the new legislation. The Committee informs the Government that further clarification can be found in the 2009 General Survey, paragraphs 145–152. In view of the legislative changes that have occurred, particularly, the new Act and the national policy, the Committee considers it necessary to undertake a full analysis of the effect given to the Convention in law and in practice and requests the Government to send a detailed report according to the terms of the report form.

Article 14. Promoting the inclusion of questions of occupational safety and health and the working environment at all levels of education and training. The Committee notes with interest the activities undertaken by the Government to promote OSH matters. It notes the indication that the Ministry of Labour has concluded agreements with Matías Delgado University in El Salvador and the Polytechnic University of Madrid. It also notes the information relating to technical diploma courses given and persons trained, including 300 OSH technicians at the Ministry of Labour and in the private sector. Furthermore, coordination was increased with the Social Security Institute of El Salvador and with the Association of Agricultural Suppliers for the purpose of training, including in relation to the safe use and storage of pesticides. Work has been ongoing since February 2008 on the formulation of a “local strategic alliance”, which continues to pool efforts in the health, labour, environment and education sectors through the implementation of coordinated strategic lines of action, on the basis of the Plan of Action of the 4th Summit of the Americas in 2005. It also notes the different actions designed to reinforce labour inspection with support from the social partners and technical assistance from the Office in the context of the “civil service reinforcement project”. Another key task which has been assigned to the labour inspectorate is promotion, training, advice and guidance for workers and employers in the context of the new General Act concerning occupational hazard prevention. The Committee requests the Government to continue to supply information on the application of this Article of the Convention.

Part V of the report form. Application of the Convention in practice. The Committee notes the detailed information supplied by the Government including extracts from labour inspection reports and the number of workers covered, disaggregated by sex, including statistics on occupational accidents by branch of activity. The Committee notes that, for both men and women, the highest number of recorded accidents is in the manufacturing industry. The Committee requests the Government to specify in which manufacturing activities the highest number of accidents is recorded, and to continue to supply information on the application of the Convention in practice, including with regard to workers in agriculture.

Protocol of 2002 to the present Convention. The Committee notes with interest that the Government has ratified the Protocol of 2002 to the present Convention. The Committee requests the Government to send a detailed report on the application of the Protocol of 2002 in the terms indicated in the corresponding report form, together with the detailed report on the application of the present Convention.

Plan of Action (2010–16). The Committee wishes to take this opportunity to inform the Government that in March 2010 the ILO Governing Body adopted a Plan of Action to achieve widespread ratification and effective implementation of the key instruments in OSH, namely: the Occupational Safety and Health Convention, 1981 (No. 155), its Protocol of 2002, and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) (GB.307/10/2(Rev.)). Noting that the Government has already ratified two of the key instruments in the Plan of Action and that it is making intense efforts to give effect to them in law and in practice, the Committee wishes to draw the Government’s attention to the fact that, under the terms of the Plan, the Office is available to provide assistance to facilitate the application of the present Convention and its Protocol of 2002 and, if the Government so desires, to clarify the scope and additional aspects of Convention No. 187. The Committee requests the Government to supply information on any need for technical assistance that it may have in this respect.

[The Government is asked to reply in detail to the present comments and to report in detail in 2013.]

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1. The Committee notes the information provided in the Government’s last report, particularly in reply to the observations made by the Inter-Union Commission concerning the national occupational safety and health policy in El Salvador. In this respect, the Committee wishes to draw the Government’s attention to the following points.

2. Article 4. National policy. The Committee notes with interest the preparation of a draft national policy, the principal objectives of which are to issue directives for the prevention of work-related accidents and diseases and the promotion of occupational safety and health as a value and practice by contributing to the development of a participatory culture in this respect, in accordance with Convention No. 155. The Committee notes that this draft text, prepared by the National Occupational Safety and Health Commission (CONASSO), was the subject of a discussion on 18 August 2005 with the participation of the employer, worker and government members of the General Assembly of the Higher Labour Council, and the most representative trade union organizations, who made a significant contribution, which will be analysed with a view to its incorporation. The Committee also notes that the final document will be submitted in the very near future to the executive body for approval. The Committee requests the Government to provide a copy of the final document as soon as it has been adopted.

3. Articles 4 and 8. Laws and regulations relating to the national policy. The Committee notes the formulation of provisions to give effect to the fundamental principles of the national policy, namely: the strategic plan for occupational safety and health and the General Bill on the prevention of risks at the workplace. The Committee also notes the information that this Bill is now at an advanced stage and will be adopted in the near future, as will its implementing regulations, thereby giving effect to the provisions of the Convention. In this respect, the Committee reminds the Government that it can avail itself, if it so wishes, of the technical assistance of the Office. It hopes that the various texts referred to above will be adopted in the near future and requests the Government to provide copies as soon as they are adopted.

4. The Committee notes the implementation of a development assistance project, which has been replaced by the progressive implementation of a plan to strengthen the labour inspectorate with a view to improving its effectiveness and enforcing the law in practice. In this respect, the Committee requests the Government to keep it informed of any developments in the situation.

5. Part V of the report form. Practical application. The Committee requests the Government to provide extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the legislation, disaggregated by sex, if available, the number and nature of the contraventions reported, and the number, nature and cause of the accidents reported, as well as other relevant information that would allow the Committee to better appreciate the manner in which the Convention is applied in practice in the country.

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The Committee notes the comments on the application of the Convention made by the Inter-Union Commission of El Salvador (CATS-CTD-CGT-CTS-CSTS-CUTS). The Committee notes the Government’s observations received in January 2003 in reply to these comments.

1. The Inter-Union Commission considers that El Salvador does not have a policy on occupational safety and health, nor an adequate level of implementation for such a policy. Nor does it have an effective and reliable system for the inspection of occupational safety and health conditions. Events which occurred in 2002 in the export processing sector, particularly the massive poisoning of around 600 workers, indicate that there are no inspections of workplaces and that, if any inspections are made, they do not correspond to the standards set out in national laws and international instruments. According to the Inter-Union Commission, there is a substantial and increasing number of cases of women machine workers whose health has been affected. The Inter-Union Commission adds that trade union organizations have not been consulted with regard to the development of more effective action in relation to occupational safety and health.

2. The Committee notes the information provided by the Government concerning the establishment of the National Occupational Safety and Health Commission and the regional occupational safety and health projects, in the context of which training is being provided for employers, workers and government officials with a view to achieving a new culture of the prevention of employment accidents. The Government adds that it is examining a Bill on occupational safety at the workplace with a view to its subsequent adoption. The Committee notes this information. However, it observes that the Government has not provided information on the points raised by the Inter-Union Commission with regard to the functioning of the inspection system in export processing enterprises. It accordingly requests it to provide information on this subject in its next report. It further requests the Government to indicate whether the new Bill on occupational safety at the workplace has been adopted and, if so, to provide a copy. It hopes that, when formulating the new legislation, the Government will, in accordance with Article 8 of the Convention, consult the most representative organizations of employers and workers.

At its next session, the Committee will examine the Government’s first report on the application of the Convention in the light of the reply that the Government is requested to make concerning the matters raised in this observation.