Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) - Cuba (Ratification: 2008)

Other comments on C187

Direct Request

2023
2017
2015
2010

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Legislation. The Committee notes the significant changes made to the national legislation in 2013 and 2014 in relation to occupational safety and health (OSH). The Committee requests the Government to provide information on the manner in which the new legislation and practices related to OSH affect the application of this Convention, specifying the relevant provisions of this legislation.

Article 2(2) of the Convention. Active steps taking into account the principles set out in instruments relevant to the promotional framework. The Committee notes that, according to the Government, the legislation in question embodies the principles set out in instruments relevant to the promotional framework of OSH. The Committee recalls, however, that the principles to take into account are those set out in the instruments listed in the Annex to the Occupational Safety and Health Recommendation, 1981 (No. 164). The Committee once again requests the Government to provide specific information on the principles set forth in ILO instruments relevant to the promotional framework for OSH that have been taken into account to achieve the objectives of Article 2(1) and (2) of the Convention.

Article 2(3). Measures that could be taken to ratify relevant ILO occupational safety and health Conventions. The Committee notes the information supplied by the Government that in July 2003 consultations were held on the possible ratification of the Protocol of 2002 to the Occupational Safety and Health Convention, 1981 (No. 155), and it was decided to postpone ratification. The Committee observes that the information provided dates from 2003 and that this Article requires governments to consider periodically what measures could be taken to ratify relevant OSH Conventions of the ILO in consultation with the most representative organizations of employers and workers. The Committee requests the Government to indicate the manner in which it has considered the measures that could be taken to ratify relevant OSH Conventions of the ILO, and to specify the frequency and the results of consultations held on these matters with the organizations of employers and workers.

Article 3(3). Promotion of basic principles. The Committee notes that, in reply to the Committee’s previous comments, the Government refers only in general terms to the new labour legislation. The Committee requests the Government to indicate the manner in which effect is given in law and in practice to the provisions of the abovementioned Article, namely the promotion of basic principles set out in this Article: assessing occupational risks or hazards; combating occupational risks or hazards at source; and developing a nationwide preventative safety and health culture.

Article 4(2)(d). Arrangements to promote cooperation at the level of the undertaking as an essential element of workplace-related prevention measures. The Committee notes sections 134 and 135 of the Labour Code and sections 151, 152 and 153 of the Regulations under the Labour Code, which provide for a system of cooperation between management, workers and their representatives. The Committee requests the Government to provide information on the application of this Article in practice.

Article 4(3)(d). Occupational health services. The Committee notes that in its report, the Government indicates that health services are universal and free. The Committee nonetheless emphasizes that this Article refers to “occupational health services”, which are the services referred to in the Occupational Health Services Convention, 1985 (No. 161), and the Occupational Health Services Recommendation, 1985 (No. 171). The Committee requests the Government to report in greater detail on the manner in which occupational health services are provided.

Article 4(3)(h). Support mechanisms for a progressive improvement of occupational safety and health conditions in micro-enterprises, small and medium-sized enterprises and in the informal economy. The Committee notes that in its report the Government indicates that there is no informal economy in Cuba. The Committee requests the Government to provide information on the support mechanisms for progressive improvement of OSH in micro-enterprises and small and medium-sized enterprises.

Article 5(2)(d). Objectives, targets and indicators of progress. The Committee notes the information provided by the Government on the indicators used to measure progress in achieving the objectives and targets of the national programme on OSH. The Committee requests the Government to provide information on the results of applying the indicators used by the Government and on the new objectives, targets and indicators of progress.