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REPRESENTATION (article 24) - URUGUAY - C155 - 2005

Inter-Union Assembly of Workers - National Convention of Workers (PIT-CNT)

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Report of the Committee set up to examine the representation alleging non-observance by Uruguay of the Occupational Safety and Health Convention, 1981 (No. 155), made under article 24 of the ILO Constitution by the Inter-Union Assembly of Workers National Convention of Workers (PIT-CNT)

Report of the Committee set up to examine the representation alleging non-observance by Uruguay of the Occupational Safety and Health Convention, 1981 (No. 155), made under article 24 of the ILO Constitution by the Inter-Union Assembly of Workers National Convention of Workers (PIT-CNT)

Decision

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

Complaint Procedure

Complaint Procedure
  1. 1. By a communication dated 3 June 2003, the Inter-Union Assembly of Workers National Convention of Workers (PIT-CNT), referring to article 24 of the ILO Constitution, made a representation alleging non-observance by Uruguay of the Occupational Safety and Health Convention, 1981 (No. 155).
  2. 2. The Occupational Safety and Health Convention, 1981 (No. 155), was ratified by Uruguay on 5 September 1988 and came into force in that country on 5 September 1989.
  3. 3. The provisions of the Constitution of the International Labour Organization concerning the submission of representations are as follows:
  4. Article 24
  5. 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.
  6. Article 25
  7. 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.
  8. 4. The procedure to be followed in the case of representations is governed by the Standing Orders concerning the procedure for the examination of representations under articles 24 and 25 of the Constitution of the International Labour Organization, as revised by the Governing Body at its 291st Session (November 2004).
  9. 5. In accordance with article 2, paragraph 1, of the Standing Orders, the Director-General brought the representation before the Officers of the Governing Body.
  10. 6. Under the Standing Orders, the representation was made on 3 June 2003. At its 288th Session (November 2003), the Governing body, based on the recommendation of its Officers, decided that the representation was receivable and set up a committee to examine it, composed of Mr. E. Varela (Government member, Argentina), Mr. B. de Arbeloa (Employer member, Venezuela) and Ms. H. Anderson Nevárez (Worker member, Mexico).
  11. 7. In accordance with article 4, paragraph 1, clauses (a) and (c), of the Standing Orders, the Committee invited the Government to provide the information regarding the representation which it considered appropriate. The Government sent its observations in a communication dated 30 December 2003.
  12. 8. The Committee met in Geneva on 10 March 2005 in order to examine the representation together with the observations received and the information available.
  13. Examination of the representation
  14. A. Allegations made by the Inter-Union Assembly of Workers National Convention of Workers (PIT-CNT)
  15. 9. In this representation, the Inter-Union Assembly of Workers National Convention of Workers (PIT-CNT) alleges that the Government has omitted to adopt the measures necessary to give effect to the provisions of the Convention. Notwithstanding the fact that it has been incorporated into the national legal framework, measures to enable the mechanisms provided for in the Convention to be established and implemented have not been adopted. Although there are national laws and regulations governing occupational safety and health, they are incomplete and inadequate, and fail to give full effect to the Convention.
  16. 10. With regard to Part II (Principles of national policy), the PIT-CNT states that the lack of a national health policy is reflected in the state enterprises themselves. Since 1992 a process of reform has been under way in public enterprises, for example in UTE (electrical power), OSE (water and sanitation) and ANCAP (petrochemical, cement and alcohol), which has resulted in an increase in accidents and psychological and physical illness, without a policy having been adopted to deal with the safety and health problems entailed. The increase in psychiatric certifications and suicides in the workplace, which are a reflection of this process, is a matter of particular concern to the trade union organizations.
  17. 11. With regard to Part III (Action at the national level), the PIT-CNT considers that the Government has opted for a practice of virtual disregard with respect to labour policy and effect has not been given to any of the provisions in Part III of the Convention.
  18. 12. As regards the actions at national level provided for in Article 9, paragraph 1, of the Convention, the PIT-CNT considers that the Government has not adopted measures to overcome the inadequacies of the inspection system, correct the complex process of applying sanctions, which is ultimately inoperative, and resolve the fragmentation of the legal framework and the lack of coordination in its application.
  19. 13. With regard to Article 11, clause (c), of the Convention, the PIT-CNT underlines the lack of reliable official information on occupational risks and accidents and the absence of surveys and states that, since 1997, the body in charge of publishing statistical information has stopped doing so, without any official explanation having been given to date.
  20. 14. The PIT-CNT also states that the existing legislative provisions do not further the application of Article 12 of the Convention; neither have mechanisms been put in place to protect workers exercising their right to refuse to work, as established in Article 13 of the Convention.
  21. 15. The PIT-CNT reiterates that there is no national policy on occupational safety and health, and that neither have the necessary measures been adopted to give effect to the provisions of Article 15 of the Convention. Although a central body the National Occupational Safety and Health Council (CONASSAT), in which workers participate has been set up in accordance with paragraph 2 of this Article, no further progress has been made. No measures have been taken to encourage and facilitate effective coordination between the various institutions involved in the area of occupational health.
  22. 16. As regards Part IV of the Convention (Action at the level of the undertaking), the PIT-CNT states that, with the exception of the construction sector, for which regulations have been adopted, no measures have been taken to ensure adequate application in the other activities and branches of the economy, although there are general regulations at a subsidiary level. At the enterprise level there are no provisions ensuring and guaranteeing workers and their trade unions access to adequate information, prior consultation or participation in occupational safety and health aspects associated with their work.
  23. 17. Lastly, according to the PIT-CNT, the employers' organizations have, in contravention of Article 19, clause (c), of the Convention, been reticent with regard to occupational safety and health, and have repeatedly stated that they consider "the workers' participation unnecessary" within the enterprise, in addition to placing obstacles in the way of any measure likely to further the full application of Convention No. 155.
  24. B. The Government's observations
  25. 18. In its communication of 30 December 2004, the Government states that it considers the allegations made by the PIT-CNT to be unfounded. Uruguay has always had detailed legislation and a clear policy of protecting workers in terms of occupational safety and health.
  26. Domestic legislation
  27. 19. The Government has supplied information concerning the development of domestic legislation on occupational safety and health in the twentieth century. In addition to citing Act No. 5032 of 1914, which for the first time conferred regulatory powers in the area of occupational safety on the executive authorities, and which led to the approval of decrees establishing regulations in this area, the Government also refers to: Act No. 11 577 of 1950 on unhealthy work, which established an honorary committee to determine which activities should be classed as unhealthy work; Act No. 16 074 of 10 October 1989, which created a regulatory framework for occupational accidents and illnesses and established liability for employers guilty of gross negligence in failing to comply with safety and prevention regulations; and Decree No. 406/88 of 3 June 1988, which updated the regulations on occupational safety, hygiene and health. These regulations contain specific preventative measures to deal with the occupational risks of factories, machinery and equipment and chemical, physical, biological and ergonomic risks, together with personal protection measures.
  28. Environment
  29. 20. In 1989 a new ministerial portfolio was created, giving specific responsibility for the environment, among other matters. This department's powers are connected with occupational safety and hygiene in so far as the environment as a whole is frequently affected by the working environment. The municipal authorities also have powers in this area.
  30. 21. In this respect, the Government highlights the work carried out by prevention technicians, whose training enables them to detect and assess the risks present in a workplace, and to identify measures to prevent and avoid them. These technicians work in many different ways, in particular through direct assessments at enterprises and through the state inspection authorities.
  31. 22. The Government describes, in order of priority, the areas within this field which have been the subject of regulations. The greatest importance is accorded to mechanical risks, especially those presented by machinery, tools and other items which may cause injury through blows, cuts or other forms of direct physical contact. Secondly, there is concern over aggressive substances of chemical origin which cause illness through continued or prolonged exposure (specific carcinogenic substances, including ionizing radiation, are taken into account). Prevention techniques have also been developed in connection with comfort factors in the working environment, with minimum standards being established for lighting, temperature, ventilation, noise, etc.
  32. Sectoral activities
  33. 23. The Government places particular emphasis on the progress made in the construction industry sector, which, it believes, are an example of tripartite advances and negotiated regulation which display compliance with the Convention. Since this is one of the sectors with the highest casualty rates, the process involves not only regulation (Endnote_1) with regard to establishing safety and hygiene standards, but also training workers, allowing workers to participate, and encouraging social dialogue.
  34. 24. Along with the construction sector, the forestry sector has also become the subject of specific risk and accident prevention regulations, given its high incidence of casualties. The regulations for this sector are contained in Decree No. 372/99, which was also drawn up on the basis of dialogue by a tripartite committee comprising representatives of the Ministry of Labour and of all the representative workers' and employers' organizations for this sector. Furthermore, Decree No. 378/03 of 16 September 2003 created the Council for Forestry Training, including representatives of employers' and workers' organizations, among others. As set out in the preamble to Decree No. 378/03, it is considered essential to implement a national training policy, in order to train workers properly and decrease the risk of accidents and the occupational illness rate for this sector, along with ensuring the correct use of natural resources.
  35. 25. In order to take advantage of the accumulated experience of the construction industry sector, in 1996 (Decree No. 83/96) the executive authority established the National Occupational Safety and Health Council (CONASSAT), a tripartite, multidisciplinary body. Its principal responsibilities are: to coordinate actions between the different state bodies with authority in this field; to promote legislative development in the area of occupational safety and health; to study workers' and employers' proposals for improving conditions in the working environment; and to devise action plans for reducing the number of accidents. Permanent items on its agenda include: (i) promoting a culture of occupational risk prevention by planning and carrying out tripartite information days, courses and seminars on health and safety at work; and (ii) promoting and implementing inter-institutional coordination with regard to health and safety at work and the effects of improving the effectiveness with which current regulations are applied, along with encouraging the adoption of new provisions through regulations based on dialogue and adapted to new technologies.
  36. 26. With a view to putting the provisions of Convention No. 155 into practice on a sectoral basis a committee has been set up within the Council specifically to regulate safety and health conditions in the chemical industry, and to this end representatives of the Chemical Industry Workers' Union, the Chemical Industry Employers' Association and other representative bodies from this sector were brought together. The Government also underlines that, in its sectoral activities, the Council has made very significant advances with regard to port safety. With reference to the progress made, the Government has sent the annual report of activities carried out by CONASSAT with its reply.
  37. 27. Contrary to the claims of the PIT-CNT, the Government states that the system for preventing accidents at work, along with the health, safety and hygiene system applied in public enterprises, sets an example at national and regional level. In this respect, the Government describes the applicable regulations, the structure and the functions of the following public enterprises:
  38. National Electricity Transmission Administration (UTE): This enterprise covers the entire cycle of the national electricity system. It has a staff of 6,600 employees throughout the country and two specialized occupational safety and health units. According to information supplied by the Government, the accident rate at the enterprise displays a strong downward trend in terms of both the frequency and severity of accidents. The applicable occupational safety and health legislation, as in the private sector, is Act No. 5032 (prevention issues) and Act No. 16 074 (corrective measures). These acts are applied in conjunction with Decree No. 406/88 and other relevant complementary legislation. With regard to accident risk prevention, the Government refers to the UTE Management Resolutions (R 86-6320), which regulate the functioning of the bipartite safety committees, made up of representatives of both the enterprise and the trade union of the enterprise. Information is supplied regarding these committees. Also in the area of prevention, the Government states that it is implementing a system of preventative management based on the Occupational Safety and Health Management System UNIT OSAS 18000. Lastly, the Government states that the preventative management system at UTE was presented at a meeting of the labour inspectors of MERCOSUR member countries held at the end of 2001.
  39. National Alcohol and Portland Fuels Administration (ANCAP): This enterprise is responsible for producing, refining, distributing and marketing fuels in Uruguay. It has various safety committees made up of management and union representatives, the principal objective of which is to oversee compliance with occupational safety and hygiene programmes and to facilitate initiatives and suggestions in this area, in addition to collaborating in relevant training programmes. Furthermore, under the collective agreement signed by ANCAP and the trade union in 1993 and renewed in 2000, provision is made (clause 18) for a joint committee to study the general principles of occupational health and medical assistance. The enterprise also has a medical department, which, as well as offering full medical assistance to staff, also deals with occupational and preventative medicine, carrying out periodic medicals on workers depending on the duties they carry out.
  40. State Sanitary Works Administration (OSE): In addition to the general legislation which applies to both the public and private sectors, various provisions have been issued by OSE's management, among which the Government cites resolution No. 753/88, which approved the basis for the Industrial Safety Programme for Purification Stations. With regard to the existence of bipartite forums, similar criteria to those in other public enterprises (for example, the Industrial Safety Committee) are applied in order to determine and implement an integrated public health policy for public enterprises. Thus, the OSE has both an Industrial Safety Unit and a Medical Services Unit to deal with prevention measures in the area of the safety and health of workers.
  41. Labour inspection
  42. 28. Among the activities of the labour inspectorate, the Government highlights intensive efforts in the area of Environmental Working Conditions (CAT) to prevent and punish non-compliance with current labour regulations for occupational safety and hygiene. The task of inspection is carried out by two teams specializing in working conditions and working environment. A total of 5,553 inspections were undertaken in 2003 by an average of 16 inspectors over 216 working days. In that year, as a result of inspections carried out, 46,786 workers received constitutional protection (amparo), according to the statistical register kept by the General Inspectorate. As well as their main inspection activities, the inspectors provide assessments to workers making complaints and administrators involved in carrying out consultations on general matters or current labour regulations for occupational risk prevention. Another activity considered to be a priority is the development of training courses, not only for inspectors but also for employees and employers in the sectors with the highest levels of occupational hazards.
  43. 29. The Government also makes particular reference to the participation of the General Inspectorate in integrating the sectoral, tripartite and multisectoral labour committees operating on a permanent basis within the Ministry of Labour and Social Security and other ministries, namely the Tripartite Committee of the Construction Industry, the Ports Labour Committee and the Committee for the Eradication of Child Labour.
  44. C. The Committee's conclusions
  45. 30. The Committee observes that the situation to which the representation refers as regards Convention No. 155 relates to the application of Articles 4, 5(d) and (e), 9, 11(c), 13, 15, 19(c) and 20 of the Convention. The text of these provisions is as follows:
  46. Article 4
  47. 1. Each Member shall, in the light of national conditions and practice, and in consultation with the most representative organisations of employers and workers, formulate, implement and periodically review a coherent national policy on occupational safety, occupational health and the working environment.
  48. 2. The aim of the policy shall be to prevent accidents and injury to health arising out of, linked with or occurring in the course of work, by minimising, so far as is reasonably practicable, the causes of hazards inherent in the working environment.
  49. Article 5
  50. The policy referred to in Article 4 of this Convention shall take account of the following main spheres of action in so far as they affect occupational safety and health and the working environment:
  51. ...
  52. (d) communication and co-operation at the levels of the working group and the undertaking and at all other appropriate levels up to and including the national level;
  53. (e) the protection of workers and their representatives from disciplinary measures as a result of actions properly taken by them in conformity with the policy referred to in Article 4 of this Convention.
  54. Article 9
  55. 1. The enforcement of laws and regulations concerning occupational safety and health and the working environment shall be secured by an adequate and appropriate system of inspection.
  56. 2. The enforcement system shall provide for adequate penalties for violations of the laws and regulations.
  57. Article 11
  58. To give effect to the policy referred to in Article 4 of this Convention, the competent authority or authorities shall ensure that the following functions are progressively carried out:
  59. ...
  60. (c) the establishment and application of procedures for the notification of occupational accidents and diseases, by employers and, when appropriate, insurance institutions and others directly concerned, and the production of annual statistics on occupational accidents and diseases.
  61. Article 13
  62. 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 in accordance with national conditions and practice.
  63. Article 15
  64. 1. With a view to ensuring the coherence of the policy referred to in Article 4 of this Convention and of measures for its application, each Member shall, after consultation at the earliest possible stage with the most representative organisations of employers and workers, and with other bodies as appropriate, make arrangements appropriate to national conditions and practice to ensure the necessary co-ordination between various authorities and bodies called upon to give effect to Parts II and III of this Convention.
  65. 2. Whenever circumstances so require and national conditions and practice permit, these arrangements shall include the establishment of a central body.
  66. Article 19
  67. There shall be arrangements at the level of the undertaking under which:
  68. ...
  69. (c) representatives of workers in an undertaking are given adequate information on measures taken by the employer to secure occupational safety and health and may consult their representative organisations about such information provided they do not disclose commercial secrets.
  70. Article 20
  71. Co-operation between management and workers and/or their representatives within the undertaking shall be an essential element of organisational and other measures taken in pursuance of Articles 16 to 19 of this Convention.
  72. Previous examination of the application of Convention No. 155 by ILO supervisory bodies
  73. 31. In an observation made in 2002, the Committee of Experts on the Application of Conventions and Recommendations noted the developments in inspection activities in the construction industry (an increase in the number of inspectors, together with a certain number of assistants in technical prevention joining the inspectorate) and the actions taken within this sector (training courses, a tripartite day of evaluation of the Emergency Plan for the Construction Industry, the National Congress on the conditions of work and the working environment in the construction industry, press publications). The Committee recalled its previous comments that the determined and continuous application of measures adopted following the submission of the representation by the Latin American Central of Workers (CLAT), together with their evaluation, ensured that accidents and injury to health arising out of work would be prevented.
  74. 32. At its 270th Session (November 1997), the Governing Body adopted the report of the Committee set up to examine the representation alleging non-observance by the Government of the Occupational Safety and Health Convention, 1981 (No. 155), made under article 24 of the ILO Constitution by the CLAT. The Governing Body recommended that the necessary measures be taken in order to: continue to strengthen the national legislative and regulatory provisions for the safety and health of workers in the construction industry with a view to promoting the prevention of accidents in this sector and, in particular, to stipulating in a more complete manner the respective functions and responsibilities of the social players and other persons and institutions concerned; ensure that the safety and health standards in force were observed by all enterprises in the construction industry, irrespective of their status; to examine, at appropriate intervals, the situation regarding the safety and health of workers in the construction industry so as to determine the problems which existed and devise effective measures to resolve them and especially to examine the provision and use of appropriate protection devices; maintain and reinforce the system of labour inspection in the construction industry which had already been strengthened, and reinforce the imposition of sanctions provided for; expand training activities for safety and health at work so that the majority of workers in the construction industry continued to have access to them; and to foster and promote, within construction industry enterprises, cooperation between employers and workers or their representatives as an essential element of the activities designed to prevent industrial accidents.
  75. National safety and health policy
  76. 33. The Committee notes the detailed information provided by the Government concerning the development of domestic occupational safety and health legislation. In this regard, it also notes the applicable legislation, together with the measures adopted in both the public and private sectors. It further notes the information concerning the measures taken with regard to the environment, the construction sector and the forestry sector. As regards the forestry sector, the Committee observes that the PIT-CNT itself recognizes the progress made in the regulatory sphere. With regard to the public sector, the Committee notes the applicable regulations, the structure and the functions of the various public enterprises. The Committee considers that the legislation described constitutes a good basis for implementing a national policy in the area of occupational safety and health. The Committee observes, however, that the Government has not provided information on the health and safety problems which, according to the PIT-CNT, have arisen from the reform of the state enterprises. The Committee considers it desirable that the Government should provide information in this regard, and that the PIT-CNT should specify which national laws and regulations it considers to be incomplete and inadequate. The Committee also hopes that the measures adopted in the construction sector will serve as an example to other sectors of the economy and that the specific regulatory measures appropriate to each sector will be adopted.
  77. Sectoral activities
  78. 34. The Committee notes the detailed information provided on the activities carried out in various sectors of the economy. From this information it can be seen that that actions taken in the construction sector have inspired actions taken in other sectors, such as forestry. The forestry sector has thus devised specific regulations, which were drawn up on the basis of dialogue, along with a national training policy. It also notes the activities undertaken and the programmes and plans adopted for this sector.
  79. Supervision of the application of laws and regulations and related sanctions
  80. 35. With regard to the allegations concerning the need to adopt measures to strengthen the inspection system, correct the process of applying sanctions, which, in the PIT-CNT's view, is ultimately inoperative, and resolve the problem of a fragmented legal framework and lack of coordinated application, the Committee notes the work being carried out by the labour inspectorate in the environmental working conditions sector (CAT) to prevent and punish non-compliance with current labour legislation.
  81. 36. The Committee notes the information supplied by the labour inspectorate and the inspection activities carried out in 2003. The Committee also notes the Annual Report of the General Labour and Social Security Inspectorate which contains, among other things, data on the activities undertaken by the body of inspectors and on the enterprises guilty of infringements during the period of the exercise, i.e. 1999-2002. This report shows that, in 2000, there was an increase of 54 per cent in activities compared to the average for the above period, and that there was a significant decrease (42 per cent) in 2002. The Committee observes that, as a result of the high availability of means and resources, an additional 2,700 inspection reports were submitted in 2000. The Committee hopes that the Government will adopt the measures necessary to ensure a permanent increase in the means and resources available to the labour inspectorate in order for it to better fulfil its task of supervising the application of labour legislation.
  82. 37. The Committee also observes that the Government has not provided information on the alleged lack of reliable information concerning occupational risks and accidents that the complainant describes. Neither has it supplied information on the lack of investigations in this area, nor on the fact that the responsible body has failed, since 1997, to publish the relevant statistical information. The Committee considers that it would be useful if the Government were to provide information on this point.
  83. Tripartite cooperation at various levels regarding occupational safety and health and the coherence of national policy
  84. 38. The Committee notes the creation of the National Occupational Safety and Health Council (CONASSAT), which is a tripartite, multidisciplinary organization, the objectives of which are to promote and implement inter-institutional coordination with regard to health and safety at work and the effects of improving the effectiveness with which current regulations are applied, along with encouraging the adoption of new provisions through regulations based on dialogue and adapted to new technologies. The Committee has noted the annual report on activities carried out by CONASSAT.
  85. Training
  86. 39. The Committee has noted that one of the activities which the labour inspectorate considers to be a priority is the development of training courses not only for inspectors but also for employees and employers in those enterprises connected with the sectors which have the highest levels of occupational hazards. It also notes the information supplied concerning training activities planned and developed for the period 2002-03 for workers in the General Labour Inspectorate. The Committee considers it desirable for the Government to provide information on the training courses given in this area by the Labour Inspectorate or any other public or private institution to either employees or employers.
  87. Action at the enterprise level
  88. 40. The Committee observes that the Government has not provided information concerning the allegations of the PIT-CNT (see paragraphs 16 and 17 above), according to which, at the enterprise level, there are no provisions ensuring and guaranteeing workers and their trade unions access to adequate information, prior consultation or participation in occupational safety and health aspects associated with their work. Neither does it mention the alleged reticence of employers' organizations as regards workers participating within enterprises. The Committee considers it desirable for the Government to provide information in this respect.
  89. D. The Committee's recommendations
  90. 41. The Committee recognizes the strong tradition and efforts of the Government of Uruguay to comply with and implement its international obligations in the field of occupational safety and health. In that spirit, it recommends that the Governing Body:
  91. (a) approve this report, in particular the conclusions contained in paragraphs 30 to 40;
  92. (b) urge the Government of Uruguay to continue to take the necessary measures in order:
  93. (i) to continue to strengthen occupational safety and hygiene legislation and to regulate those areas where legal vacuums exist;
  94. (ii) to ensure compliance with current occupational safety and hygiene legislation at both national and enterprise level;
  95. (iii) to examine periodically the situation as regards the safety and health of workers in both the public and private sectors, in order to identify problems which exist and take effective measures to resolve them;
  96. (iv) to provide information on the health and safety problems which, according to the PIT-CNT, have arisen as a result of the reform of the state enterprises;
  97. (v) to continue to strengthen the inspection system at both national and enterprise level and increase, if appropriate, the number of labour inspectors, and to improve the imposition of the relevant sanctions;
  98. (vi) to provide official information both on occupational risks and accidents and on investigations carried out in this area, and to state whether the body responsible for publishing the relevant statistical information has failed to do so since 1997;
  99. (vii) to continue to increase training and qualification activities, especially at enterprise level; and
  100. (viii) to continue to facilitate and to promote cooperation between employers and workers or their representatives at the enterprise level, in order to overcome, if applicable, the reticence which employers may have in facilitating such cooperation;
  101. (c) request the Government to include, in the reports it submits on the application of Convention No. 155 under article 22 of the ILO Constitution, information on the application of any measures adopted in order to achieve effective compliance with the recommendations made in the above paragraphs so that the Committee of Experts on the Application of Conventions and Recommendations can examine progress in these matters; and
  102. (d) to declare closed the procedure initiated as a result of the present representation.
  103. Geneva, 10 March 2005.
  104. (Signed) Mr. E. Varela,
  105. Chairperson.
  106. Ms. H. Anderson Nevárez.
  107. Mr. B de Arbeloa.
  108. Point for decision:
  109. Paragraph 41.
  110. Endnote 1
  111. In this respect, the Government highlights the following specific safety regulations for the construction industry: Decree No. 111/89; Decree No. 89/95 of 21 February 1995; Decree No. 53/96 of 14 February 1996; Decree No. 82/96 of 7 March 1996; Decree No. 283/96 of 10 June 1996; and Decree No. 179/01 of 16 May 2001.
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