Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the information provided by the Government.

1. Article 4, paragraph 1, of the Convention. With reference to its previous comments, the Committee notes that the National Council on Prevention, Health and Safety at Work is responsible, in consultation with the most representative organizations of employers and workers, for the formulation of the outline and programmes of a national policy on occupational safety, health and the welfare of workers at the workplace. The Committee once again hopes that the Government will endeavour not to delay the adoption of measures for the preparation of the documents required as integral components of the coherent national policy on occupational safety, occupational health and the working environment.

The Committee refers to the Government's earlier communication, according to which it has been endeavouring for a long time to consolidate social security laws to guarantee the application of the Basic Act on prevention, working conditions and the working environment, of 1986. The Committee has received no information on the outcome of this work and once again hopes that the Government will report the progress achieved in the formulation of the draft text designed to reinforce the application of the Basic Act.

2. In its previous comments, the Committee requested the Government to indicate the manner in which relationships are established between the material elements of work and the persons who carry out or supervise the work, on the one hand, and the adaptation of machinery, equipment, working time, the organization of work and work processes to the physical and mental capacities of the workers, on the other hand (Article 5(b)), as well as the measures adopted to facilitate communication and cooperation at all levels (Article 5(d)).

In reply, the Government emphasizes the tripartite aspect of the application and establishment of occupational health policies, as set out in the national legislation and confirmed in practice. The Committee notes this statement by the Government and again requests it to provide detailed information on the manner in which account is taken, in the framework of the national policy on occupational safety and health, of the above elements (relationships between the material elements of work and the persons who carry it out; adaptation of machinery and the organization of work to the capacities of workers; the measures adopted to promote cooperation at the levels of the working group, the enterprise and all other appropriate levels).

3. Article 8. In reply to the Committee's previous comments concerning the measures adopted by means of laws and regulations or any other method, to give effect to the national policy on occupational safety and health, the Government provides information on the composition of the National Council for Prevention, Health and Safety at Work. The members of this body are under oath, according to the information provided by the Government. The Council is composed of representatives of the ministries (Health, Labour, Natural Resources, Urban Development, Agriculture, Mines, etc.), the organizations of workers and employers and the public and private bodies concerned. The Committee hopes that new standards, the need for which underlies the terms of this provision of the Convention, will be adopted in the near future and requests the Government to supply information on any progress achieved in this respect.

4. Article 11. In its previous comments, the Committee requested the Government to indicate the measures which have been adopted or are envisaged to ensure that the functions enumerated in this Article of the Convention are carried out. In its reply, the Government refers to the provisions of the national legislation, which establish safety requirements with regard to certain machinery, equipment and installations. The Committee requests the Government to indicate the measures which have been taken by the competent authorities to ensure the discharge of functions such as the determination of conditions governing the design, construction and lay-out of enterprises and major alterations affecting them (point (a)); the determination of work processes which are prohibited, limited or made subject to authorization or control by the competent authorities (point (b)); the establishment and application of procedures for the notification of occupational accidents and diseases by employers (point (c)); the holding of inquiries in each case where an occupational accident, occupational disease or any other injury to health arises in the course of or in connection with work (point (d)); and the publication annually of information on measures taken in pursuance of the policy on occupational safety, occupational health and the working environment (point (e)).

5. The Committee notes the comment of the Venezuelan Federation of Chambers and Associations of Commerce and Production (FEDECAMARAS), transmitted with the Government's last report, which refers to paragraph 90(e)(1) of the report approved by the Governing Body at its 256th Session (May 1993) concerning the representation alleging non-compliance with a number of Conventions, made by the International Organization of Employers and FEDECAMARAS. The Committee accordingly requests the Government to indicate whether the report on the application of Convention No. 155 was prepared on the basis of the consultations prescribed by Convention No. 144.

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

[The Government is asked to report in detail in 1997.]