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Underground Work (Women) Convention, 1935 (No. 45) - Dominican Republic (Ratification: 1957)

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Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comments: C.167, C.170, C.187

In order to provide a comprehensive view of the issues relating to the application of ratified occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine Conventions Nos 45 (underground work (women)), 119 (guarding of machinery), 167 (OSH in construction), 170 (chemicals) and 187 (promotional framework for OSH) in a single comment.

The Committee notes the information provided by the Government on the application of Article 4(3)(d) of Convention No. 187 and Article 16 of Convention No. 170, which responds to its previous comments.

Application in practice of Conventions Nos 119, 167, 170 and 187. The Committee requests the Government to provide information on the application in practice of the ratified OSH Conventions, including the number, type and cause of notified occupational accidents and diseases, and also information on inspection activities which have been carried out, including the number of inspections and investigations conducted and the number of infringements detected, corrective measures applied and penalties imposed.

A. General provisions

Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)

Article 2(3) of the Convention. Periodic consideration of measures that could be taken to ratify relevant occupational safety and health Conventions of the ILO. Further to its previous comments, the Committee notes the Government’s indication in its report that, with a view to reactivating the tripartite round table on issues relating to international labour standards, which is responsible for analysing and discussing the content and possible impact of ILO Conventions which the State proposes to ratify, the Under-Ministry for Trade Union and Employer Relations is reviewing and updating the Regulations on the functioning of the tripartite round table. While noting this information, and referring to its comments on the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), the Committee requests the Government to provide information on the periodic consideration of measures that could be taken to ratify relevant ILO occupational safety and health (OSH) Conventions, including in the context of the round table on issues relating to international labour standards, and on the outcome of consultations held in this regard with the most representative employers’ and workers’ organizations.

Article 3(1). Promotion of a safe and healthy working environment through a national policy. Further to its previous comments, the Committee notes the Government’s indication that the formulation of a draft national policy on OSH for the short, medium and long term is at an early stage. The Government indicates that once the draft national policy has been finalized, it will be submitted for evaluation to the National Occupational Safety and Health Council (CONSSO), a Ministry of Labour advisory body on the prevention of occupational accidents and diseases.

The Committee also notes the Government’s indication that CONSSO is being reactivated and that it will ordinarily meet every three months and hold additional special meetings whenever required by the chair or at the request of “50 per cent plus one” of the members of the multisectoral management, in accordance with section 7 of Decree No. 989 of 2003. The Committee requests the Government to continue providing information on progress made with regard to the formulation and adoption of the national OSH policy, in consultation with the most representative employers’ and workers’ organizations. The Committee also requests the Government to provide information on progress made with regard to the reactivation of CONSSO, the frequency of meetings actually held, and the outcome thereof.

Article 4(3)(h). Support mechanisms for a progressive improvement of OSH conditions in micro, small and medium-sized enterprises (MSMEs) and in the informal economy. The Committee notes the Government’s indication, in reply to its previous comments, that the review and updating of the 2006 Occupational Safety and Health Regulations and their supplementary resolutions (Resolution No. 04 of 2007 and Resolution No. 07 of 2007, which establish the registration and certification procedure for OSH service providers) include the strengthening of OSH in the MSME sector. The Government indicates that this review and update will enable the Industrial Safety and Health Department at the Ministry of Labour to: (i) launch a training process in MSMEs; and (ii) implement a pilot support plan for their formalization and certification in OSH. The Committee requests the Government to continue providing information on the support mechanisms for a progressive improvement of OSH conditions in MSMEs and in the informal economy, including information on measures taken with regard to the formalization of this category of enterprises and their impact on the progressive improvement of OSH conditions.

Article 5. National programme. Further to its previous comments, the Committee once again requests the Government to provide information on the measures taken to establish a national programme on OSH in accordance with the requirements of Articles 5(1) and 5(2) of the Convention, and to publicize and implement the national programme in accordance with Article 5(3). The Committee also requests the Government to provide information on the employers’ and workers’ organizations which have been consulted, including in the context of CONSSO.

B. Protection against specific risks

Chemicals Convention, 1990 (No. 170)

Article 4 of the Convention. Coherent policy on safety in the use of chemicals at work, in consultation with the most representative organizations of employers and workers. The Committee notes the Government’s indication, in reply to its previous comments, that in the context of the “Capacity-building project for the Ministry of Labour for improving working conditions in agriculture in the Dominican Republic (FORMITRA)”, implemented with ILO technical assistance, the Ministry of Labour, through the Industrial Safety and Health Department, drew up a proposal to amend and update the provisions relating to the use of chemicals at work in the 2006 Occupational Safety and Health Regulations and their supplementary resolutions. The Government indicates that this proposal includes provisions on the handling, storage and transportation of chemicals and the maintenance of equipment and containers used for chemicals, and also on preventive measures, including those relating to personal protective equipment. The Government also states that in 2022, in the context of the FORMITRA project, the Industrial Safety and Health Department prepared “User-friendly guide to the use and application of pesticides”. It also indicates that, together with the launch of the guide, 14 training workshops were held for employers, workers and public institutions in the agricultural sector, among others. The Committee also notes the Government’s indication that an action plan was formulated in relation to implementing the “Strategic approach to international chemicals management (SAICM)”.

The Committee requests the Government to continue providing information on the measures taken for the implementation and periodic review of a coherent policy on safety in the use of chemicals at work, including information on the impact of the legislative amendments made and on the implementation of the action plan related to the SAICM. The Committee also requests the Government to provide information on the consultations held in the process of formulation, implementation and periodic review of the policy, indicating the employers’ and workers’ organizations consulted, and the outcome of these consultations.

Article 10. Identification of chemicals.The Committee once again requests the Government to provide information on the measures taken, including in the context of the review and updating of the 2006 Occupational Safety and Health Regulations and their supplementary resolutions, to guarantee that employers ensure: (i) that all chemicals used at work are duly labelled or marked and that chemical safety data sheets have been provided and are made available to workers and their representatives (paragraph 1); (ii) that, when chemicals are received that have not been labelled or for which chemical safety data sheets have not been provided, they obtain the relevant information from the supplier or from other reasonably available sources, and that these chemicals are not used until such information is obtained (paragraph 2); (iii) that only chemicals which are duly classified, identified or assessed and labelled or marked are used, and that any necessary precautions are taken when they are used (paragraph 3); and (iv) that a record is maintained of hazardous chemicals used at the workplace, cross-referenced to the appropriate chemical safety data sheets, and is accessible to all workers concerned and their representatives (paragraph 4).

Article 11. Transfer of chemicals.The Committee once again requests the Government to provide information on the measures taken, including in the context of the process to review and update the 2006 Occupational Safety and Health Regulations and their supplementary resolutions, to guarantee that when chemicals are transferred into other containers or equipment, employers ensure that the contents are indicated in a manner which will make known to workers their identity, any hazards associated with their use and any safety precautions to be observed.

Article 12(d). Keeping of records of the monitoring of the working environment and the exposure of workers.The Committee once again requests the Government to provide information on the measures taken, including in the context of the process to review and update the 2006 Occupational Safety and Health Regulations and their supplementary resolutions, to guarantee that employers ensure that the records of the monitoring of the working environment and of the exposure of workers using hazardous chemicals are kept for a period prescribed by the competent authority and are accessible to the workers and their representatives, in accordance with Article 12(d) of the Convention. The Committee also requests the Government to indicate the period prescribed by the competent authority for keeping such data.

Article 18(1) and (2). Right of workers to remove themselves from danger and protection against undue consequences. Further to its previous comments, the Committee notes the Government’s indication that in the context of the process to review and update the 2006 Occupational Safety and Health Regulations and their supplementary resolutions, section 4(3) of these Regulations was brought into conformity with Article 18(1) and (2) of the Convention. While duly noting the information provided by the Government on the measures taken to bring its legislation into line with Article 18(1) and (2) of the Convention, the Committee urges the Government to step up its efforts to amend and update the 2006 Occupational Safety and Health Regulations and their supplementary resolutions in order to give effect to Article 18(1) and (2) of the Convention. The Committee also requests the Government to indicate the date of adoption of the amendments made to the 2006 Occupational Safety and Health Regulations and to provide a copy of the amended Regulations.

C. Protection in specific branches of activity

Safety and Health in Construction Convention, 1988 (No. 167)

Article 3. Consultations. Further to its previous comments, the Committee notes the Government’s indication that the joint OSH committees established for all construction projects, in accordance with section 6(1) of Resolution No. 04 of 2007, hold periodic monthly meetings to evaluate and monitor the prevention of occupational risks and the protection of construction workers in the context of the OSH programme for construction work. The Government indicates that the minutes of the meetings of the technical round tables of the committees are sent to the Ministry of Labour, via the Industrial Safety and Health Department. The Committee also notes that CONSSO can also suggest sectoral programmes and plans to the Ministry of Labour (sections 4(2) and 4(3) of Executive Decree No. 989 of 2003). The Committee requests the Government to continue providing information on the consultations held with employers’ and workers’ organizations to give effect to the provisions of the Convention, in the context of CONSSO once it is reactivated, including the content of the consultations held and the measures taken to this end.

Article 34. Reporting of accidents and diseases. In response to the Committee’s previous comments on methods for reporting occupational accidents, the Government indicates that the latter are reported to the Dominican Institute for Occupational Risk Prevention and Protection through complaints from the trade unions, workers and joint committees by means of form ATR-2, and to the Ministry of Labour, through the minutes of the monthly ordinary meetings. The Committee observes that form ATR-2 contains elements which apply only to registered workers (the occupational insurance scheme to which they belong, start date at the enterprise, and length of service in the job). The Committee also notes that the Government does not provide any information on methods for reporting occupational diseases of unregistered workers. The Committee requests the Government to provide information on the measures taken to ensure the reporting of occupational accidents of unregistered workers, including the adaptation of form ATR-2 in relation to occupational accidents involving this category of workers. The Committee also requests the Government to provide information on methods for reporting occupational diseases of unregistered workers. The Committee further requests the Government to provide information on the number of reported occupational accidents and diseases involving both registered and unregistered workers in the construction sector.

Article 35. Adoption of the necessary measures to ensure the effective enforcement of the Convention. Further to its previous comments, the Committee notes the Government’s indication regarding the measures taken to ensure the application of the Convention, including drawing up a protocol for joint action between OSH technicians and labour inspectors to ensure adequate inspection, training for OSH technicians and labour inspectors so that they can communicate with workers who do not speak Spanish, and establishing penalties and corrective measures to ensure the effective application of the provisions of the Convention. While noting this information, the Committee requests the Government to continue providing information on the measures taken to organize appropriate inspection services to supervise the application of the Convention and to equip those services with the necessary resources to perform their task or to ensure that adequate inspections are carried out in the construction sector.

Underground Work (Women) Convention, 1935 (No. 45)

The Committee recalls that the ILO Governing Body, at its 334th Session (October–November 2018), on the recommendation of the Standards Review Mechanism Tripartite Working Group (SRM TWG), confirmed the classification of the Convention in the category of outdated instruments, and placed an item concerning its abrogation on the agenda of the 112th Session (2024) of the International Labour Conference. The Governing Body also requested the Office to take follow-up action to actively encourage ratification of up-to-date OSH instruments, including but not restricted to the Safety and Health in Mines Convention, 1995 (No. 176), and to undertake a campaign to promote the ratification of Convention No. 176. The Committee therefore encourages the Government to follow up on the Governing Body’s decision at its 334th Session (October–November 2018) approving the recommendations of the SRM TWG, and to consider ratifying the most up-to-date instruments in this subject area.The Committee takes this opportunity to remind the Government that the International Labour Conference, at its 110th Session (June 2022), added the principle of a safe and healthy working environment to the fundamental principles and rights at work, thereby amending the 1998 Declaration on Fundamental Principles and Rights at Work. The Committee draws the Government’s attention to the possibility of availing itself of ILO technical assistance in order to bring both practice and applicable legislation into conformity with the fundamental Conventions relating to OSH and to consider possible ratification of the Occupational Safety and Health Convention, 1981 (No. 155).

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the information supplied by the Government concerning equality between men and women at work. With reference to its previous direct request, the Committee recalls that should the Government consider ratifying the Safety and Health in Mines Convention, 1995 (No. 176), and possibly denouncing the present Convention, the latter instrument will be next open to denunciation during a one-year period from 30 May 2017 to 30 May 2018. The Committee requests the Government to supply information on any developments regarding the intention to ratify Convention No. 176, including any need for technical assistance.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the information in the Government’s report and the indication that no women are working in mines.

2. The Committee takes the opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that, with respect to underground work the States parties to Convention No. 45 should be invited to contemplate ratifying the Safety and Health in Mines Convention, 1995 (No. 176), and possibly denouncing Convention No. 45 even though the latter instrument has not been formally revised (see GB.283/LILS/WP/PRS/1/2, paragraph 13). Contrary to the old approach based on the outright prohibition of underground work for all female workers, modern standards focus on risk assessment and risk management and provide for sufficient preventive and protective measures for mineworkers, irrespective of gender, whether employed in surface or underground sites. As the Committee has noted in its General Survey of 2001 on night work of women in industry in relation to Conventions Nos. 4, 41 and 89, "the question of devising measures that aim at protecting women generally because of their gender (as distinct from those aimed at protecting women’s reproductive and infant-nursing roles) has always been and continues to be controversial" (paragraph 186).

3. In the light of the foregoing observations, and also considering that the present trend is no doubt to remove all gender-specific restrictions on underground work, the Committee invites the Government to give favourable consideration to the ratification of the Safety and Health in Mines Convention, 1995 (No. 176), which shifts the emphasis from a specific category of workers to the safety and health protection of all mineworkers, and possibly also to the denunciation of Convention No. 45. In this respect, the Committee recalls that according to established practice, the Convention will be next open to denunciation during a one-year period from 30 May 2007 to 30 May 2008. The Committee requests the Government to keep it informed of any decision taken in this regard.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

Further to its previous comments, the Committee notes the information supplied by the Government in its report.

The Committee notes the Government's statement that, although the Labour Code (Act No. 16-92 of May 1992) does not prohibit the employment of women workers in underground work, in practice problems do not arise in relation to underground work by women because there are no underground mines in the Dominican Republic. The Committee further notes the Government's indications in the report regarding its efforts to improve occupational safety and health for all.

The Committee asks the Government to communicate information on any change which may affect the application of the Convention.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the information supplied by the Government in its report.

In its previous comments the Committee noted the promulgation of the Labour Code (Act No. 16-92 of May 1992) which does not establish that women may not be employed in underground work. The Government indicates in its report that it is engaged in the necessary formalities, including consultation with the most representative organizations of employers and workers, to denounce the Convention.

The Committee notes this information and recalls paragraph 142 of its General Survey of 1988 on equality in employment and occupation, which states that elimination of the protection afforded to women cannot be deemed the only measure necessary in order to promote equality in employment and occupation. Other measures can be taken to satisfy the requirements of the promotion of equality.

The Committee asks the Government to indicate the measures taken to ensure that national legislation and practice are consistent with its commitments made by ratifying the Convention.

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

The Committee notes the information supplied by the Government in its report.

In previous comments, the Committee noted the enactment of the Labour Code (Act No. 16-92 of May 1992), which does not prohibit the employment of women workers in underground work.

The Committee notes the Government's statement that in practice problems do not arise in relation to underground work by women because there are no underground mines in the Dominican Republic. The Government states that when constructing dams, for which it was necessary to excavate tunnels, the authorities took measures to prevent the engagement of women in this underground work. These measures consisted of supervising the recruitment of workers and monitoring the full period of work.

The Committee wishes to recall that the general policy developed by the ILO is to ensure a safe and healthy working environment for all and to adapt work to the capacities of the worker, in so far as is reasonable. Where the working environment is not "safe and healthy for all", it is legitimate in accordance with the appropriate international instruments to provide protection for persons with specific needs, arising out of their age or physiological condition, which may include the prohibition of performing the work in question.

The Committee considers that, in view of the absence of a decision respecting the denunciation of the Convention, it is necessary to undertake an examination of the conditions of work in mines in the light of scientific and technical knowledge with a view to determining whether this working environment is reasonably safe and healthy for all in the sense set out in the Occupational Health Services Convention, 1985 (No. 161). The Committee considers that if it is found that this is not the case, maintenance of the protection provided by the Convention would be justified and that consideration could even be given to extending it to other underground work of the same type.

The Committee requests the Government to continue informing it of the measures that have been taken or are envisaged in this respect.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the adoption of the Labour Code (Act No. 16-92 of 29 May 1992) which does not maintain the prohibition upon employing women in underground work. It notes the statement by the Government that there are no underground mines in the Dominican Republic, since the extraction of minerals takes place in open mines.

The Committee requests the Government to indicate the measures which have been taken or are envisaged to ensure that national law is in conformity with the international commitments which have been undertaken.