Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the Government’s brief report which includes copies of three internal safety and health regulations of the enterprises Adelca, Mezclalista and Baker Hughes Incorporated, apparently adopted pursuant to Ministerial Resolution No. 219 of 2005, and other information from various sources. Further to the comments that it has made for several years, the Committee once again notes with regret that, despite asking the Government to reply in detail to the comments made, the Government’s report is a general summary and, in the absence of further explanation by the Government, the Committee is unable to assess the importance of the further information from various sources attached to the Government’s report. In some cases, it is pointed out that the information requested is not within the remit of the unit concerned. The Committee indicates that regardless of the internal distribution of competencies, coordination is necessary both to apply the occupational safety and health Conventions and to prepare the respective reports and that, regardless of the internal distribution of responsibilities, the responsibility for presenting the reports lies with the Government. As a result of the various issues mentioned, the information available does not allow the Committee to assess whether the national legislation and practice give effect to the obligations assumed under the Convention. However, the Committee notes that certain efforts are being made with regard to occupational safety and health in the country. For example, the Committee notes that the Occupational Safety and Health Unit has now become the Occupational Safety and Health Directorate and that the Committee’s comments have been sent to the new authorities for their respective comments. The Committee requests the Government to gather together the information requested in its previous comments and to reply in detail to the questions raised in 2009. The Committee asks the Government to consider the possibility of requesting technical assistance from the Office with a view to preparing reports and replying to the questions raised in relation to the occupational safety and health Conventions.

Plan of Action (2010–16). The Committee takes this opportunity to inform the Government that in March 2010 the Governing Body adopted the Plan of Action 2010–16 to achieve widespread ratification and effective implementation of the Occupational Safety and Health Convention, 1981 (No. 155), its 2002 Protocol and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) (document GB.307/10/2(Rev.)). The Committee draws the Government’s attention to the fact that, under this Plan, the Office is providing technical assistance to governments so that they can bring their legislation and practices into conformity with these key occupational safety and health Conventions in order to promote their ratification and effective implementation. Furthermore, the Committee recalls that the Office is available to provide assistance with the preparation of reports on ratified Conventions. The Committee requests the Government to provide information on any needs that may arise in this regard.

[The Government is asked to reply in detail to the present comments in 2011.]