Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

1. The Committee notes the Government’s latest report including - in parts - replies to previous comments by the Committee. It notes the information about the application of Article 1, paragraph 2, of the Convention. The Committee requests the Government to provide further information on the following points.

2. Article 3. Consultations with the most representative organizations of the employers and workers concerned. The Committee notes the Government’s reference to activities, in the form of seminars and forums, through which the Government indicates it disseminates information on the content of the Convention. The Committee notes, however, that the report is silent as regards the effect given to the requirement to organize consultations with the most representative organizations of the employers and workers concerned. The Government is requested to describe the manner in which consultations are held with the most representative organizations of the employers and workers on measures taken to give effect to the Convention.

3. Article 4. Legislation ensuring the application of the Convention adopted on the basis of an assessment of the safety and health hazards. The Committee refers to its previous comments regarding the safety and health regulations of 1979. Noting that the report is silent in this respect, the Committee reiterates its request to the Government to indicate whether it has undertaken an evaluation of existing safety and health standards, with a view to taking the steps necessary in consequence to update the legislation applying the provisions of the Convention.

4. Article 5, paragraphs 1 and 2. Technical standards or codes of practice. In this context the Government refers in its report to draft technical regulations which were being drawn up for the construction sector, taking due account of the provisions of this Convention as well as specific standards in different Latin-American countries. The Committee hopes that such regulations will be adopted in the near future and requests the Government to supply a copy of this text after its adoption.

5. Article 7. Duty to comply with prescribed safety and health measures at the workplace. The Government refers to the creation, in accordance with resolution No. 01865 of 23 October 2001, of the National Commission for Occupational Health in the construction sector. The Committee hopes that the activities of the Commission will assist employers as well as self-employed persons to duly comply with safety and health measures. The Government is requested to keep the Committee informed of the progress achieved in this respect.

6. Article 8, paragraphs 1 and 2. Cooperation between two or more employers undertaking activities simultaneously at one construction site. With reference to its previous comments the Committee notes the Government’s reference in this respect to certain provisions of national legislation including the Unified Circular 2004. While the latter is not available to the Committee, it requests the Government, with the next report, to supply a copy of this instrument for further examination.

7. Article 12, paragraphs 1 and 2. The worker’s right to removal in case of imminent and serious danger to his or her safety and health, and the employer’s obligation to stop the operation and evacuate workers. The Committee refers to its previous comments where it requested the Government to indicate the legislative or other provisions which give effect to this Article. Taking into account that the worker’s right to removal under Article 12, paragraph 1, should be established in either a legal or regulatory text, the Committee hopes that the Government will take the necessary legislative measures to give due effect to this Article of the Convention.

8. Draft technical regulations. The Committee notes the Government’s reference to two draft technical regulations intended for the construction sector and for work at heights that are in preparation. It hopes that the two regulations will give due effect to the following provisions of the Convention: Article 13, paragraph 2 - indication of places of access to and egress from all workplaces; Article 15, paragraph 1(d) - recording of results of examinations and tests of every lifting appliance and item of lifting gear; Article 16, paragraphs 1 and 2 - requirements to guarantee that vehicles and earth-moving or materials-handling equipment are operated by workers who have received appropriate training; Article 17, paragraph 1(d) - ensuring that workers operating plant, machinery and equipment have received appropriate training; Article 17, paragraph 3 - ensuring that pressure plant and equipment shall be examined and tested by a competent person; Article 20 - determining characteristics of cofferdams and caissons, and ensuring that they are inspected and that their construction is supervised by a competent person; Article 21 - establishing the nature of the medical examinations required for workers carrying out work in compressed air and ensuring supervision of these operations by a competent person; Article 22 - the design and construction of structural frames and components, formwork, falsework and shoring, the precautions to guard workers using such frames and components against danger, and measures ensuring that their erection are carried out only under the supervision of a competent person; Article 23 - measures to protect workers undertaking work over or in close proximity to water.

9. Article 26, paragraphs 1 and 3. Requirements concerning the construction, installation and maintenance of electrical equipment. The Committee notes the Government’s reference to resolution No. 180372 of 2004, concerning technical regulation of electrical installations, which appear to contain requirements in relation to design and materials used for electrical installations. As this text is not available to the Committee, the Government is requested to supply a copy with the next report.

10. Finally, the Committee refers to its previous comments and asks the Government to indicate measures taken or envisaged to ensure application of the following provisions of the Convention: Article 27(b) - assigning a competent person responsible for storing, transporting, handling or using explosives; Article 28, paragraph 2(a) - replacement of hazardous substances with/by harmless substances or less hazardous substances; Article 28, paragraph 4 - destruction and disposal of waste on construction sites in a manner to avoid injuries to health; Article 29, paragraphs 1 and 2 - appropriate measures to guarantee protection against the risks due to fire; Article 30, paragraph 2 - providing workers with appropriate means to enable them to use individual protective equipment, and to ensure its proper use; Article 32 - supply of drinking water and installation of facilities for clothing and accommodation for taking meals, and separate sanitary and washing facilities for men and women workers; and Article 34 - reporting requirements concerning occupational diseases to the competent authorities.