REPRESENTATION (article 24) - URUGUAY - C062, C081, C150, C155, C161 - 1996

Report of the Committee set up to examine the representation made by the Inter-Union Assembly of Workers-National Convention of Workers (PIT-CNT) and its affiliated organization, the National Single Trade Union in Construction and Similar Activities (SUNCA) under article 24 of the ILO Constitution alleging non-observance by Uruguay of the Safety Provisions (Building) Convention, 1937 (No. 62), the Labour Inspection Convention, 1947 (No. 81), the Labour Administration Convention, 1978 (No. 150), the Occupational Safety and Health Convention, 1981 (No. 155), and the Occupational Health Services Convention, 1985 (No. 161)

Decision

1. The Governing Body adopted the report of the tripartite committee. Procedure closed.

Complaint Procedure

1. A. Introduction
2. 1. By a communication dated 17 June 1994, the Inter-Union Assembly of Workers-National Convention of Workers (PIT-CNT) and its affiliated organization, the National Single Trade Union in Construction and Similar Activities (SUNCA), made a representation under article 24 of the Constitution of the International Labour Organization alleging non-observance by the Government of Uruguay of the Safety Provisions (Building) Convention, 1937 (No. 62), the Labour Inspection Convention, 1947 (No. 81), the Labour Administration Convention, 1978 (No. 150), the Occupational Safety and Health Convention, 1981 (No. 155), and the Occupational Health Services Convention, 1985 (No. 161).
3. 2. The Safety Provisions (Building) Convention, 1937 (No. 62), the Labour Inspection Convention, 1947 (No. 81), the Labour Administration Convention, 1978 (No. 150), the Occupational Safety and Health Convention, 1981 (No. 155), and the Occupational Health Services Convention, 1985 (No. 161), were ratified by Uruguay respectively on 18 March 1954, 28 June 1973, 19 June 1989, 5 September 1988 and 5 September 1988, and came into force for the country one year after the above dates, that is respectively on 18 March 1955, 28 June 1974, 19 June 1990, 5 September 1989 and 5 September 1989.
4. 3. The provisions of the Constitution of the International Labour Organization concerning the submission of representations are as follows:
5. Article 24
6. In the event of any representation being made to the International Labour Office by an industrial association of employers or of workers that any of the Members has failed to secure in any respect the effective observance within its jurisdiction of any Convention to which it is a party, the Governing Body may communicate this representation to the government against which it is made, and may invite that government to make such statement on the subject as it may think fit.
7. Article 25
8. If no statement is received within a reasonable time from the government in question, or if the statement when received is not deemed to be satisfactory by the Governing Body, the latter shall have the right to publish the representation and the statement, if any, made in reply to it.
9. 4. The procedure to be followed in the event of a representation is governed by the revised Standing Orders adopted by the Governing Body at its 212th Session (March 1980).
10. 5. In pursuance of article 2, paragraph 1, of the above Standing Orders, the Director-General brought the representation before the Officers of the Governing Body.
11. 6. At its 261st Session (November 1994), on the basis of the report submitted by its Officers, the Governing Body decided that the representation was receivable and set up a Committee to examine it, consisting of Mr. Ilabaca (Government member, Chile), Mr. Walter Durling (Employer member) and Mr. Martínez Bargas (Worker member). At its 267th Session, the Governing Body appointed Mr. Baldassini to replace Mr. Martínez Bargas.
12. 7. In accordance with article 4, paragraph 1(a) and (c), of the Standing Orders, the Committee invited the Government to provide the information that it considered appropriate on the representation.
13. 8. The Government transmitted its observations in a communication dated 27 February 1995. The Committee met in Geneva to examine the representation and the observations that it had received. The Committee also had at its disposal for examination the information submitted by the Government of Uruguay in its annual reports under article 22 of the Constitution of the ILO on the Conventions to which the representation refers.
14. B. Examination of the representation
15. I. Allegations made by the Inter-Union Assembly of Workers-National Convention of Workers (PIT-CNT) and its affiliated organization, the National Single Trade Union in Construction and Similar Activities (SUNCA)
16. 9. In this representation, the Inter-Union Assembly of Workers-National Convention of Workers (PIT-CNT) and its affiliated organization, the National Single Trade Union in Construction and Similar Activities (SUNCA), allege that the Government of Uruguay has failed to apply the national legislation and has not complied with the obligations set out in five ratified Conventions, namely the Safety Provisions (Building) Convention, 1937 (No. 62), the Labour Inspection Convention, 1947 (No. 81), the Labour Administration Convention, 1978 (No. 150), the Occupational Safety and Health Convention, 1981 (No. 155), and the Occupational Health Services Convention, 1985 (No. 161), in view of the increased number of work-related accidents, including a series of fatal accidents, which have occurred in the construction sector.
17. 10. According to the representation, the construction industry is one of the most important sectors and absorbs the highest percentage of the workforce in the country. In order to reduced costs and increase competitiveness, private enterprises in the sector (which account for 70 per cent of the total, according to the representation) restrict to a minimum the resources covering expenditure on prevention in the field of safety and health. According to the PIT-CNT and the SUNCA, this has resulted in a significant increase in violations of the current legislation respecting safety and health, leading to action by the trade unions calling upon the national supervisory bodies to ensure compliance with the obligations set out in the law. The allegations refer to 14 fatal accidents which occurred between October 1993 and May 1994, all of which were due to a failure to comply with the security standards that are in force, as recorded in the respective reports of the labour inspectorate. In the opinion of the above organizations, this shows that the labour administration is ineffective, inefficient and incapable of discharging its duties with regard to the prevention of occupational accidents and diseases, particularly as regards compliance by employers with the legal requirements. In their opinion, the problem arises because the Government has not provided the labour inspectorate with the necessary human and material resources to discharge its duties. These circumstances are indicative of a failure not only to comply with legal standards, but also with the above Conventions.
18. II. The Government's observations
19. 11. In its communication dated 22 February, the Government states that the construction industry experienced a sustained period of growth between 1991 and 1994 and is employing an increasing number of workers. Indeed, the number of workers in the sector almost doubled between 1991 and 1993. In its opinion, although there has admittedly been an increase in the number of accidents, this is a result of the greater number of workers engaged. Indeed, a comparison of the figures for accidents in 1993 and 1994 shows that there was an increase of 4 per cent in the total number of accidents in the country, while in the construction industry the figure fell by 4.5 per cent. Furthermore, in relation to the figures for 1992, there was a slight increase of 0.9 per cent in 1994 in the total number of accidents in the sector, which, according to the Government, is explained by the increase of over 18 per cent in the workers engaged. In this respect, the Government states that, in relation to the numbers of workers engaged, there was a decrease of 22.23 per cent in the total number of accidents in the sector (falling from 0.051 per cent in 1992 to 0.033 per cent in 1994).
20. 12. Analysis of these accident figures shows that the underlying reason for them was the rapid growth in the industry, leading to the engagement of unskilled workers. Other contributory factors are the existence of subcontracts that are not coordinated by the principal enterprise and the growth of informality in the construction industry.
21. 13. According to the Government's communication, the labour inspectorate in Uruguay is responsible for the legal protection of workers and in general for the conditions relating to occupational health and safety and the work environment. Since 1993, the General Inspectorate has had a Work Environment Department, with a specialized unit for the construction sector composed of a group of seven specially trained inspectors. Some 70 per cent of all the inspections carried out in the field of safety and health have been in the construction sector. The Government also states that there has been a considerable increase, in comparison with 1992, in the total number of inspections carried out, particularly in the field of safety and health
22. 14. The Government also states that, with a view to consolidating its preventive functions and in pursuance of the provisions of Convention No. 150, between 1993 and 1994 the General Labour Inspectorate concluded a series of agreements with local governments to base inspectors throughout the country. With the same objective, a tripartite coordination and advisory committee was established in order to improve cooperation and negotiations with the parties on this subject. In parallel, in the context of the Spanish and Uruguayan bilateral technical cooperation programmes, training programmes were commenced in 1986 for the construction sector. These programmes have been organized not only for officials of the Ministry of Labour, but also in general for employers and workers. Various awareness-raising and information dissemination activities have also been undertaken to support these campaigns.
23. 15. Finally, the Government reports the establishment of a tripartite committee in the field of safety and health in the construction industry which, on 23 February 1995, adopted new safety and health standards for the sector. These standards determine responsibilities more precisely, broaden and make more specific the technical standards on scaffolding, provide for the compulsory maintenance of occupational safety services and, in general terms, include new provisions on general conditions of work and protection.
24. 16. According to its statement, the Government considers that it has complied with the Conventions to which the representation refers, since its activities in recent years have been designed to improve conditions of work and safety and health in the construction sector. It therefore considers the representation to be groundless.
25. III. The Committee's conclusions
26. Safety Provisions (Building) Convention, 1937 (No. 62)
27. 17. In accordance with Articles 1 and 4 of the Safety Provisions (Building) Convention, 1937 (No. 62), each Member which ratifies the Convention undertakes to maintain in force laws or regulations which ensure the application of Parts II, III and IV of the Convention (respecting scaffolds, hoisting appliances and safety equipment and first aid), and in virtue of which an appropriate authority has power to make regulations for this purpose, and that it must maintain, or satisfy itself that there is maintained, a system of labour inspection adequate to ensure the effective enforcement of its laws and regulations relating to safety precautions in the building industry.
28. 18. The Committee notes that in recent years technical standards have been adopted on the safety and health of workers in the construction sector, culminating with the adoption of Decree No. 89/995 of 21 February 1995, in accordance with the provisions of Convention No. 62. It also notes the information provided by the Government on the training and awareness-raising policy of the Ministry of Labour, implemented by the General Inspectorate, with the objective in recent years of effective compliance with the national laws and regulations and, through them, Convention No. 62. The Committee also notes that the above policy culminated in the establishment of a tripartite committee to develop standards, the work of which resulted in the publication of the above Decree No. 89/995 and in the launching of various bilateral technical cooperation programmes to improve overall inspection activities.
29. 19. Despite these efforts, the Committee considers that the high rate of accidents and the high number of fatal accidents in the construction sector raises questions concerning the application of the Convention in practice. Indeed, in the cases described in the allegations, the PIT-CNT and the SUNCA state that failure to comply with the provisions of Decree No. 111/90 led to the death of various workers. The Committee therefore considers that the Government will have to increase its efforts to guarantee in practice the protection provided by the Convention to workers in the construction industry.
30. Labour Administration Convention, 1978 (No. 150)
31. 20. In accordance with Articles 4 and 5 of Convention No. 150, each Member which ratifies the Convention undertakes, in a manner appropriate to national conditions, to ensure "the organization and effective operation in its territory of a system of labour administration, the functions and responsibilities of which are properly coordinated", as well as to make arrangements appropriate to national conditions to secure "consultation, cooperation and negotiation between the public authorities and the most representative organizations of employers and workers, or -- where appropriate -- employers' and workers' representatives".
32. 21. The Committee notes the measures taken by the Government in the context of the obligations deriving from Convention No. 150 with a view to consolidating prevention functions in the field of safety and health, including the conclusion of agreements with local governments, training and awareness-raising campaigns and international technical cooperation. The Committee also notes the tripartite composition of the Safety and Health in Construction Committee (Decree No. 89/995), the activities of which ensure the consultation, cooperation and negotiation envisaged in Article 5 of the Convention in this sector.
33. 22. The Committee notes the various measures that have been adopted by the Government to improve the labour administration; nevertheless, in view of the fact that there has been an increase in the number of accidents, including fatal accidents, in the construction sector, it is clear that in practice the intended results have not been achieved through inspection objectives. It is therefore necessary to take measures to ensure in practice the effectiveness of the inspection system in the sector.
34. Occupational, Safety and Health Convention, 1981 (No. 155)
35. 23. In accordance with Article 4 of Convention No. 155, each Member which ratifies it shall "formulate, implement and periodically review a coherent national policy on occupational safety, occupational health and the working environment" the aim of which shall be to "prevent accidents and injury to health arising out of ... work by minimizing, so far as is reasonably practicable, the causes of hazards inherent in the working environment".
36. 24. Without underestimating the various measures referred to above that have been taken by the Government with a view to preventing accidents and diminishing risks, the Committee notes that the allegations made by the PIT-CNT and the SUNCA concerning occupational accidents in the construction sector raise questions concerning the results of the policy of the prevention of accidents and injuries and the prevention of risks. The Committee observes the need for the Government to take the necessary measures to reduce the number of occupational accidents, in the context of a coherent national policy on occupational safety and health.
37. Occupational Health Services Convention, 1985 (No. 161)
38. 25. In accordance with Article 2 of Convention No. 161, each Member which ratifies it undertakes to "formulate, implement and periodically review a coherent national policy on occupational health services" and to "develop progressively occupational health services for all workers" (Article 3).
39. 26. The Committee notes that Decree No. 89/995 respecting safety and health in construction contains in Chapter VIII provisions respecting health and safety services in the construction sector. The date on which the representation was submitted was prior to the adoption of the above Decree and, moreover, the allegations do not contain information concerning the alleged non-compliance with Convention No. 161. The Committee does not consider it appropriate to examine this question.
40. Labour Inspection Convention, 1947 (No. 81)
41. 27. In accordance with Article 1 of Convention No. 81, each Member which ratifies it is obliged to maintain a system of labour inspection in industrial workplaces, in which labour inspectors are responsible for securing the enforcement of legal provisions relating to, inter alia, "conditions of work" and "safety, health and welfare" (Article 3, paragraph 1(a)).
42. 28. The Committee notes that in its communication the Government refers to the efforts that it has been making, especially since 1993, to improve the scope and coverage of the labour inspectorate and that these efforts have taken the form not only of the establishment of a specialized unit for the construction sector and the increase in the number of staff covering this industry, but also of the organization of training courses on safety and health and the development of new programmes to improve inspection based on the assessments carried out by international experts, who are collaborating with the Uruguayan inspectorate in the context of bilateral cooperation programmes. The Government also states that in 1994 it launched a new programme for the renovation for the inspectorate in which special emphasis is placed on safety and health in general and in the construction sector in particular, with a view to supplementing the activities carried out over the past two years.
43. 29. The Committee notes that in their allegations the PIT-CNT and the SUNCA attribute the accidents to which they refer to failure to comply with the appropriate national provisions, and particularly Decree No. 111/90. The Committee refers to the General Survey by the Committee of Experts on the Application of Conventions and Recommendations on Convention No. 81 of 1985, in which it states that "the credibility of any inspection service, however well organized, risks being seriously compromised unless it is supported by an appropriate system of penalties in the event of contravention of the labour legislation". For this reason Convention No. 81 contains "certain provisions designed to ensure the effective application of penalties for violation of the legal provisions for whose enforcement the labour inspectors are responsible".
44. 30. The Committee notes that, although the Government has supplied information on the efforts that have been made to improve the inspection system, the situation described in the allegations of the PIT-CNT and the SUNCA raise questions concerning the full application of the Convention in practice.
45. IV. The Committee's recommendations
46. 31. The Committee recommends the Governing Body:
47. (a) to approve the present report and in particular the conclusions contained in paragraphs 17 to 31 in which it notes that, although effect has been given to the Conventions in national law and the Government has made efforts to improve the inspection system and prevent accidents in the construction sector, the high number of occupational accidents, including many fatal accidents, in the construction sector as a result of failure to comply with the national legislation that is in force in this area give grounds for considering that in practice the application of Conventions Nos. 62, 81, 150 and 155 is not ensured;
48. (b) to urge the Government of Uruguay to take the necessary measures to:
49. (i) ensure that the laws and regulations respecting health and safety in the construction sector are applied to all the workers engaged in the construction industry;
50. (ii) secure compliance with the safety and health rules that are in force by all the enterprises in the construction sector, with particular attention to enterprises operating under subcontracts;
51. (iii) ensure that occasional workers receive the necessary training to carry out their work; and
52. (iv) reinforce the labour inspection system and the other administrative bodies responsible for supervising compliance with safety and health rules and guarantee the systematic and thorough investigation of any denunciations that are received, as well as the imposition of the penalties set out in the national legislation in cases in which safety rules are found to have been violated;
53. (c) to request the Government to supply, in the reports that it submits under article 22 of the Constitution on the application of Conventions Nos. 62, 81, 150, 155 and 161, information on the measures that have been taken to give effect to the recommendations made in the above paragraphs so that the Committee of Experts on the Application of Conventions and Recommendations can examine the manner in which these matters have been followed up; and
54. (d) to declare closed the present proceedings resulting from this representation.