Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that at its 270th Session (November 1997), the Governing Body adopted the report of the Committee set up to examine the representation made by the Latin American Central of Workers (CLAT) under article 24 of the ILO Constitution, alleging non-observance by Uruguay of this Convention (document GB.270/15/6).

The conclusions of the report of the above Committee emphasize that an increase or reduction in the number of fatal working accidents is an indication of whether or not the Convention is being properly applied. Without underestimating the measures taken by the Government to ensure that accidents are prevented and risks are reduced, the allegations made by the CLAT relating to the situation in respect of occupational safety and health in the construction industry cast doubt on the results of the accident, damage and risk prevention policy introduced. It is recalled that the effective fulfilment of the national policy in the area indicated depends partly on the existence and application of sufficiently dissuasive penalties in cases where legislative or regulatory provisions are infringed, as well as on tripartite activities. Furthermore, the best way in which to ensure that working accidents are prevented requires not only more comprehensive training of construction representatives and supervisors in the construction industry, but also training activities designed to disseminate knowledge of occupational safety and hygiene more widely so as to ensure that such activities involve a larger number of workers from this sector.

Under the recommendations appearing in the above report, it is proposed that the Government implement more effective tripartite activities, as well as measures relating to the various aspects of the realization and assessment of the effectiveness of the national policy designed to prevent accidents at work; that it continue to strengthen the legislative and regulatory provisions in the area in question with a view to promoting accident prevention in this sector and, in particular, to specifying in a more complete manner the respective functions and responsibilities of the social partners and other persons and institutions concerned; that it examine, at appropriate intervals, the situation in respect of occupational safety and health in the construction industry, in order to determine the problems which exist and to develop effective methods to resolve them; that it examine in particular the delivery and appropriate use of protective equipment; that it maintain and increase the labour inspection system in the industry referred to and strengthen the imposition of penalties provided for; that it broaden training activities so that they extend to the largest possible number of workers in the construction industry; that it enhance and promote, at enterprise level, cooperation between employers and workers or their representatives as an essential element of the activity designed to prevent accidents at work.

While recalling one of the Committee's conclusions according to which the determined and continuous application of measures adopted following the submission of the representation, pursuant to Article 4 of the Convention, as well as the fact that the assessment of such measures ensures that the accidents and injury to health arising out of work are prevented, the Committee requests the Government to provide information on the measures taken to give effect to the recommendations adopted by the Governing Body so as to ensure that the Convention is applied.