Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Occupational Safety and Health Convention, 1981 (No. 155) - Venezuela (Bolivarian Republic of) (Ratification: 1984)

Other comments on C155

Observation

Direct Request

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The Committee notes the observations on the application of the Convention submitted jointly by the Independent Trade Union Alliance Confederation of Workers (CTASI), the Confederation of Workers of Venezuela (CTV), and the Federation of University Teachers’ Associations of Venezuela (FAPUV), received on 1 September 2022. The Committee also notes the observations submitted by the Federation of Chambers and Associations of Commerce and Production of Venezuela (FEDECAMARAS), received on 2 September 2022. The Committee requests the Government to provide its comments in this respect.

Articles 4, 7 and 8 of the Convention. Implementing and periodically reviewing a coherent national policy on occupational safety and health and the working environment, and measures to give effect to the above-mentioned national policy in consultation with the most representative organizations of employers and workers concerned. In relation to its previous comments, the Committee notes that section 11 of the 2005 Basic Act on prevention, conditions of work and the working environment (LOPCYMAT) sets out 12 elements to be included in the national occupational safety and health (OSH) policy, which include the mechanisms and policies for coordination between the competent bodies and entities in occupational health and safety and prevention. In this respect, the Committee notes the information provided by the Government in its report on the various measures to implement the national OSH policy though the training of prevention delegates by the National Institute for Occupational Safety, Health and Prevention (INPSASEL), the undertaking of a considerable number of investigations into occupational accidents and diseases, and the carrying out of 90,523 occupational safety and health inspections from 2016 to July 2022.

The Committee notes with regret that the Government has not provided information on the implementation and periodic review of the national policy or the manner in which consultations are held on the implementation measures for the policy with the most representative employers’ and workers’ organizations concerned. The Committee requests the Government to take the necessary measures without delay to ensure that consultations are held with the most representative workers’ and employers’ organizations concerned regarding the implementation and periodic review of its national policy, as well as on the necessary measures adopted to give effect to this policy in accordance with Articles 4 and 8 of the Convention, and to provide specific information on the measures taken in this respect, including the employers' and workers' organizations consulted and the results of such consultations. The Committee also requests the Government to provide information on the measures taken to ensure that the occupational safety and health situation and working environment is reviewed at appropriate intervals, as well as information on the outcomes of this review, including the main problems identified, the means of resolving them and priorities for action.

Article 5(e). Protection of workers and their representatives from disciplinary measures as a result of actions properly taken by them in conformity with the national OSH and working environment policy. In relation to its previous comments on the dismissal of prevention delegates, the Committee notes with concern the joint observations of CTASI, CTV and FAPUV alleging the dismissal of union leaders in the cement industry for reporting the occurrence of occupational accidents. The Committee notes that, in accordance with section 11(5) of the LOPCYMAT of 2005, the national OSH policy must include safeguards and other protections for workers who act individually or collectively in defence of their rights. The Committee urges the Government to examine, together with the trade union organizations concerned, the situation of the trade union leaders who have been adversely affected and, in the event that they have been dismissed as a result of actions justifiably taken by them in accordance with national policy, to reinstate them immediately in their jobs without loss of benefits in compliance with section 11(5) of the 2005 LOPCYMAT and Article 5(e) of the Convention. The Committee requests the Government to provide information on the measures taken in this respect, including the conclusions of the examination carried out together with the trade union organizations and the measures taken as a result. The Committee also requests the Government to provide specific informationin relation to the review of the unjustified dismissal of prevention delegates to which the Committee referred in its previous comments and the measures adopted as a result of this review.

Articles 6 and 15. Functions and responsibilities and coordination between the various authorities and bodies. In relation to its previous comments in which it took note that the National Council for Occupational Safety and Health was not operational, the Committee notes with regret that the Government has not provided information regarding making the Council operational or on the measures taken or envisaged to ensure the necessary coordination between the various authorities and bodies responsible for giving effect to the provisions of the Convention. The Committee requests the Government to take the necessary measures to ensure that the National Council for Occupational Safety and Health, established pursuant to section 36 of the 2005 LOPCYMAT, becomes operational. The Committee also once again requests the Government to provide information on the measures taken or envisaged to ensure the necessary coordination between the various authorities and bodies responsible for giving effect to the provisions of the Convention, as well as on the consultations held with the most representative organizations of employers and workers concerning these measures and on their outcomes.

Article 11(d). Holding of inquiries where cases of occupational accidents appear to reflect serious situations and application of the Convention in practice. The occupational safety and health situation in the electricity, petroleum, cement and health care sectors. In relation to its previous comments, the Committee notes the Government’s indication that, in accordance with the protocol established by INPSASEL on the investigation of occupational accidents, serious, very serious and fatal occupational accidents notified to the State-level Departments of Occupational Safety and Health (GERESAT) are investigated immediately. The Government adds that, in relation to occupational diseases, the investigation protocol establishes that they must be investigated according to the order in which they are presented, notified or recorded. The Committee notes that under the 2005 LOPCYMAT, the OSH services, which are multidisciplinary and preventive in nature (section 39), have the obligation to investigate occupational accidents and diseases in order to explain what happened and take the necessary corrective measures (section 40(14)).

With regard to the measures taken in relation to OSH conditions in the cement and petroleum sectors, the Committee notes the Government’s indication that INPSASEL receives and records notifications of occupational accidents and then carries out the related investigations and inspections. In this regard, the Government reports the number of occupational accidents notified to INPSASEL between 2017 and July 2022 in the petroleum sector (2,467 accidents) and in the cement sector (489 accidents), as well as the number of inspections carried out between 2021 and July 2022 in the petroleum sector (18 inspections) and in the cement sector (4 inspections).

The Committee also notes with concern the information provided by CTASI, CTV and FAPUV in their joint observations on OSH conditions, in which they allege that: (i) in the electricity sector, a lack of minimum safe working conditions poses a serious danger to workers and led to the death of six workers between March and June 2022: three workers died after an electrical tower on which they were working collapsed and three workers were electrocuted while attempting to correct electrical faults; (ii) in the oil sector, fires, explosions and gas fumes have caused occupational accidents, and oil spills have damaged nets and boat engines, preventing fishermen from working, and have caused farmers to lose animals and crops; (iii) in the cement sector, OSH conditions, including a lack of provision of adequate work equipment and tools, led to the death of two workers while performing their duties in 2022; and (iv) in health centres, the lack of water and disinfectant for cleaning facilities, the reuse of masks due to insufficient supplies, and the failure to provide protective barriers have led to the infection and death of medical personnel, as well as the closure of 80 per cent of health centres nationwide. Taking due note of the information provided by the above-mentioned organizations, the Committee urges the Government to establish a forum for dialogue with these organizations in order to discuss the necessary measures to be taken in relation to OSH conditions in the electricity, petroleum, cement and health care sectors. The Committee also requests the Government to provide information on the investigations carried out into serious and fatal occupational accidents in the electricity, petroleum, cement and health care sectors.

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

[The Government is asked to reply in full to the present comments in 2024.]