Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Referring to its observation, the Committee wishes to draw the Government’s attention to, and receive information on, the following points.

Article 7 of the Convention. (a) The Committee notes that section 2 of Supreme Decree No. 24469 of 1997 issuing the Regulations under the Pensions Act No. 1732 of 1996 contains a definition of industrial accident that includes commuting accidents, but only in cases where the employer provides the means of transport. Given the restrictive nature of this definition, the Committee hopes that the Government will be able to re-examine the legislation with a view to adopting a definition of commuting accident that does not depend on the mode of transport used.

(b) In addition, the Committee recalls that commuting accidents are not included in the definition of industrial accidents contained in section 27 of the Social Security Code and section 115 of its Regulations. The Committee therefore hopes that the Government will indicate in its next report the measures taken or envisaged to complement the definition of industrial accident, in accordance with Article 7 of the Convention.

Article 8. (a) Section 2 of the Regulations under Act No 1732 of 1996 contains a general definition of the term "occupational diseases". Section 62 of the Regulations appears to indicate that, in accordance with Article 8(c) of the Convention, the definition is complemented by a list of occupational diseases. The Committee hopes that the list in question contains all the diseases and types of work listed in Schedule I of the Convention and asks the Government to supply a copy of the text.

(b) The Committee requests the Government to indicate the measures taken or envisaged to complement the list of occupational diseases contained in Annex I of the Social Security Regulations so as to harmonize the list with the one given in the Convention.

Article 9, paragraph 3. In reply to the Committee’s previous comments, the Government states that in accordance with sections 16 and 17 of its Social Security Code, medical care benefits are granted for 26 weeks (with the possibility of being extended for a further 26 weeks). The Committee requests the Government to examine the measures that would be needed to enable persons injured in an industrial accident, in particular those receiving a permanent invalidity pension, to obtain medical care beyond this period where necessary, given that under the terms of this provision of the Convention benefits must be paid throughout the period of the contingency.

Article 16. The Committee notes that, according to the Government’s information, the Pensions Act of 1996 contains no provisions for increments in periodic payments and other special or supplementary benefits for disabled persons requiring the constant help or attendance of another person. The Committee hopes that the Government will re-examine the question and that it will indicate in its next report the measures taken or envisaged to apply Article 16 of the Convention.

Article 17. The Committee requests the Government to indicate in its next report the measures taken or envisaged to allow a review of the amount of invalidity pensions payable in cases of personal injury so as to take account of any changes that might occur in the degree of disability.

Article 18, paragraph 1. The Committee notes with interest that under section 10 of the Pensions Act, read in conjunction with section 5, widowers are now entitled to a survivors’ pension.

Article 18, paragraph 2. Section 12 of the Pensions Act provides for a funeral benefit of 1,100 bolivianos, which is indexed to the United States dollar. The Committee requests the Government to indicate whether that amount is sufficient to cover the normal costs of a funeral, and whether it is actually reviewed periodically.

Article 23. The Committee has noted the information supplied by the Government regarding the right of appeal of claimants where disputes arise regarding the benefits payable under the Social Security Code. The Committee would like to receive the information from the Government regarding the application in practice of this Article of the Convention, and regarding the new pensions legislation, indicating briefly the applicable rules concerning appeals.

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The Committee, in addition, requests the Government to provide a copy of the handbook on the classification of occupational risks referred to in section 54 of the aforementioned Regulations, and the handbook referred to in section 59 of the Regulations.

Lastly, the Committee has noted that under the terms of sections 50 and 56 of the Pensions Act Regulations, all members of the SSO in an employment relationship are required to undergo a new work fitness examination; the examination is required every time the member changes employer if that change occurs more than 12 months after the previous examination. The Committee would like to receive the information from the Government as to whether the examination is also a condition for eligibility for benefits.