Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Protection of workers particularly exposed to air pollution, noise and vibration at the workplace. The Committee notes that in response to requests for information it has addressed to the Government since 1996 as regards the observations made by the Public and Private Enterprise Workers’ Union (SITEPP) concerning alleged breaches of occupational safety and health regulations at the enterprise PINDECO, the Government has transmitted information provided by the enterprise itself. Accordingly, measures have been taken to protect the health of workers in plantations and to strengthen the activities of the preventive management committee. As regards customs handlers and custom operations technicians who may be exposed to dust, humidity, noise and toxic gases in the workplace, the Committee notes the communication DMHSO No. 222-08 of 1 August 2008 of the Occupational Health Council, in which reference is made to measures taken to prevent and limit occupational hazards due to air pollution and noise and, in particular, to the draft revising Executive Decree No. 27434 of 25 November 1998 regarding offices and departments of occupational health, and to the draft implementing section 294 of the Labour Code, submitted for approval to the Minister of Labour and Social Security in July 2007 and July 2008, respectively. The Government indicates that the conditions denounced by the Association of Customs Officers (ASEPA) in 1994 have thus been fully addressed following the review of national law and practice which brings national legislation into conformity with the Convention and the needs of all workers, in particular, customs officials. The Committee requests the Government to continue providing information on any relevant developments in law and in practice, including any progress made towards the adoption of the drafts above-mentioned, to protect workers particularly exposed to dust, humidity, noise and toxic gases at the workplace, such as customs officers.

Article 8, paragraphs 1 and 3 of the Convention. Air pollution. The Government indicates once again that the threshold limit values (TLVs) concerning air pollution, used as reference in regulations by the Institute for Technical Standards (INTECO), have been determined on the basis of the annual publications of the American Conference of Governmental Industrial Hygienists (ACGIH). The Committee takes notes of the Standard INTE 31-08-04-01 concerning the maximum levels of concentration authorized at workplaces, according to which all users (Government, employers and workers) are required to verify and to update each year the TLVs based on the information provided by the ACGIH. With reference to its previous observation, the Committee requests the Government to indicate the procedures for complementing and revising, at regular intervals, at the national level, the criteria and limits for exposure to air pollution in particular in the context of standard No. INTE 31-08-04-01. Noting also the envisaged overall revision of the general OSH Decree No. 1 of 1967, the Committee invites the Government to provide information on any progress made in this respect, specifying the possible impact of this legislative change on Article 8, paragraphs 1 and 3, of the Convention.

Article 11, paragraphs 1 and 3. Medical examinations. The Committee notes that the Government refers to mandatory and voluntary legislative provisions concerning medical examinations and in particular to Regulation No. 33107-MTSS of 8 January 2007. This text provides that employers are required to provide preventive, periodical, follow-up and, prior to resumption of work, medical examinations to workers carrying out work involving the handling or use of agrochemical products (section 5, paragraph 2, of the Regulation). The Committee recalls that, pursuant to Article 11, there shall be supervision, including pre-assignment and periodical medical examinations, at suitable intervals on conditions and in circumstances determined by the competent authority, of the health of workers exposed or liable to be exposed to occupational hazards due to air pollution, noise or vibration in the working environment. Such supervision shall be free of cost to the worker concerned. The Committee requests the Government to indicate the nature of the supervision specifying, in particular, the nature and frequency of examinations prescribed, as well as measures taken to ensure that this supervision is free of cost to the workers. Please indicate how effect is given to these provisions of the Convention for all workers, and not only for the workers carrying out work involving the handling or use of agrochemical products.  

Part IV of the report form. Application in practice. The Committee notes the information regarding the number of workers protected by legislation giving effect to the Convention in the context of occupational risk insurance. It also notes that the Government states that it is not in a position to provide up to date information on the application of the Convention in practice due to a lack of personnel and material resources of the national labour inspectorate for developing specific statistical information and for classifying breaches of legislation notified to workplaces. The Committee notes, however, that a project to strengthen the capacities of the labour inspectorate has been developed with support from the project “Apply and Win” (Cumple y Gana). The objective of this project – entitled Automatic Data on Work System (SAIL) ‑ is to set up a database of statistical information covering the work of the labour inspectorate. SAIL was launched in September 2008 and should become operational in all the 29 offices of the labour inspectorate by 1 April 2009. The Committee trusts that the Government will be able to provide in its next report up to date information on the application of the Convention in practice as well as further details on the effective implementation of SAIL.