Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Legislation. The Committee notes with interest Act No. 618, the General Occupational Safety and Health Act, published in La Gaceta, Diario Oficial, No. 133, of 13 July 2007, and Decree No. 96-2007 issued under the Act. It welcomes the fact that section 5 of the Act provides that “the standards, decisions, and instructions prepared and published by the Ministry of Labour shall comply with the principles of preventive policies set out in the present Act, and in the international Conventions of the International Labour Organization (ILO) and the Labour Code”. Observing that these instruments appear to facilitate the ratification of the Occupational Safety and Health Convention, 1981 (No. 155), its Protocol of 2002, and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), the Committee draws the Government’s attention to paragraphs 295 and 296 of its General Survey on Convention No. 155. The Committee invites the Government to provide information on any developments in this respect.

Articles 2 and 4 of the Convention. Prohibition of the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards. With reference to its previous comments, the Committee notes that the Government refers to the Ministerial Standard on minimum health and safety provisions for equipment used at work, published on 9 April 1996, section 3(a)(2) of which provides that the equipment used for work that is placed at the disposal of workers shall comply with the safety requirements established by the competent administrative authority for work equipment to be freely commercially available. The Committee notes that this provision refers to “the safety requirements established by the competent administrative authority”, but that the Government’s report does not indicate these requirements. As a result, the Committee is not able to ascertain whether the safety requirements established by the competent authority give effect to Articles 2 and 4 of the Convention. The Committee therefore requests the Government to provide copies of any provisions that specify the “safety requirements” mentioned by the Government in its report and information on the competent authorities which monitor their application. The committee also requests the Government to provide detailed information on the measures taken to give effect to each paragraph under Article 2 of the Convention and Article 4, including information regarding the obligations of the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor; and the prohibition contained in Article 2(1) of the Convention. The Committee also asks the Government to provide information on the application of Articles 2 and 4 of the Convention in practice.

Articles 6, 7 and 11. Use of machinery any dangerous part of which is without appropriate guards. Prohibition of the use of machinery without guards. The Committee notes the information provided by the Government indicating that Annex 1 to the Ministerial Standard referred to above, in paragraphs 6–11 respecting “Protection measures and safety guards on equipment used for work” and Annex 2 of the Ministerial Standard set out in law these Articles of the Convention.

Article 15, paragraph 1. Measures of application and penalties. In its previous comments, the Committee requested the Government to indicate the measures taken to ensure the effective application of the provisions of the Convention. The Committee notes that the Government refers to sections 322 and 326 of the General Occupational Safety and Health Act and observes that these provisions refer to the obligations of the employer, as subsection 1 refers to the obligations and penalties deriving from the provisions of the Convention. The Committee wishes to point out that certain provisions of the Convention, such as Articles 2 and 4, establish obligations for other persons, such as the vendor, the person letting out on hire or transferring the machinery in any other manner, the exhibitor and their respective agents. The Committee therefore reiterates its request to the Government to provide information on the application of Article 15, paragraph 1, of the Convention, particularly in conjunction with Articles 2 and 4 of the Convention.

Article 15, paragraph 2. The Committee requests the Government to provide information on the activities of the labour inspection services in relation to Articles 6 and 7 of the Convention.