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

The Committee notes the Government’s detailed report. It takes note of a CD, which, according to the report, is the first digital publication of the labour legislation and includes the Occupational Safety, Health and Medicine Technical Regulations, as well as the Recommendation to the Convention. The CD was produced with support from the ILO HIV/AIDS Programme in Paraguay. The report indicates that to have further ILO support in this area would be most important since it has become clear that workers are not familiar with the labour legislation, particularly the parts relating to the prevention of occupational accidents and diseases.

Article 3 of the Convention. Cases where it is doubtful whether an establishment, institution, or administrative service is one to which the Convention applies. The Government states that problems have been detected in the case of subcontracting enterprises, which hire the services of outside personnel, and that the responsibility for workers’ rights becomes blurred in the process. In this connection the Ministry of Justice and Labour signed an agreement in September 2008 with the Public Procurement Unit to make compliance with the labour legislation and occupational health and safety standards an express requirement, and to establish that the cost structure include social benefits and the purchase of individual protective equipment, and that contracts lay down penalties for non-compliance. The Committee requests the Government to continue to provide information in this regard and hopes that the Office can continue to provide the Government with the necessary technical assistance.

Article 6, paragraph 1, and Part IV of the report form. Appropriate measures taken by the inspectorate and application of the Convention in practice. The Committee notes with interest the Government’s unflagging efforts to improve safety and health inspection and to provide information. The Government indicates that in the previous administration, for the period 2007–08, inspections were carried out in response to complaints and sometimes ex officio. The Government further indicates that in the period 2008–09, in view of the number of reports of corruption in the inspection process, the following measures have been taken: inspection forms have been produced in order to standardize and systematize the information obtained; procedures have been analysed in order to optimize deadlines; emphasis has been placed on dissemination of information; operations have been carried out under the programme “Decent work in rural areas, the construction sector, cattle raising and other establishments”; ex officio inspections have been carried out, there being too few inspectors to respond to complaints. The Committee requests the Government to continue to provide information on the application of the Convention in practice, on the work of the inspection service in this area and on its impact and its results.