Observation (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

The Committee notes the comments on the application of the Convention made by the Inter-Union Commission of El Salvador (CATS-CTD-CGT-CTS-CSTS-CUTS). The Committee notes the Government’s observations received in January 2003 in reply to these comments.

1. The Inter-Union Commission considers that El Salvador does not have a policy on occupational safety and health, nor an adequate level of implementation for such a policy. Nor does it have an effective and reliable system for the inspection of occupational safety and health conditions. Events which occurred in 2002 in the export processing sector, particularly the massive poisoning of around 600 workers, indicate that there are no inspections of workplaces and that, if any inspections are made, they do not correspond to the standards set out in national laws and international instruments. According to the Inter-Union Commission, there is a substantial and increasing number of cases of women machine workers whose health has been affected. The Inter-Union Commission adds that trade union organizations have not been consulted with regard to the development of more effective action in relation to occupational safety and health.

2. The Committee notes the information provided by the Government concerning the establishment of the National Occupational Safety and Health Commission and the regional occupational safety and health projects, in the context of which training is being provided for employers, workers and government officials with a view to achieving a new culture of the prevention of employment accidents. The Government adds that it is examining a Bill on occupational safety at the workplace with a view to its subsequent adoption. The Committee notes this information. However, it observes that the Government has not provided information on the points raised by the Inter-Union Commission with regard to the functioning of the inspection system in export processing enterprises. It accordingly requests it to provide information on this subject in its next report. It further requests the Government to indicate whether the new Bill on occupational safety at the workplace has been adopted and, if so, to provide a copy. It hopes that, when formulating the new legislation, the Government will, in accordance with Article 8 of the Convention, consult the most representative organizations of employers and workers.

At its next session, the Committee will examine the Government’s first report on the application of the Convention in the light of the reply that the Government is requested to make concerning the matters raised in this observation.