Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Further to its previous observation, the Committee notes the Government’s report, in which it states once again its intention to introduce regulations on the establishment of the medical examination for fitness for employment in industry for young workers of 18 years of age. The Committee regrets to note that, although the Government has been repeating this intention for many years, the necessary steps have not been taken to adopt legislative or regulatory measures to give effect to the provisions of the Convention.

The Committee regrets to note that, for more than 20 years and despite repeated requests from the Committee, the Government has not taken appropriate measures to apply, in particular, Articles 2, 3, 5 and 7 of the Convention. The Committee is the more concerned as the Government stated in its previous report, regarding Article 2 of the Convention, that "issuance of a document certifying fitness for work is not established by law, nor is it usual practice". Referring to the same report, the Committee noted with concern the Government’s statement pertaining to Article 4 to the effect that "the competent authority had not been determined [...] nor had the text of the Convention been disseminated in an adequate and timely manner".

The Committee notes that in its last report the Government refers to the Act on Occupational Safety and Health and Welfare, pointing out in particular that section 6(29) requires employers to "maintain the pre-employment medical certificates and clinical records of the personnel in their charge", and section 7(11), which requires workers to "undergo a medical check-up prior to taking up employment, and such periodical examinations as may be determined". The Committee also notes the information in the Government’s report concerning the National Institute of Occupational Health (INSO) and the Bolivian Social Security Institute, now the National Health Insurance Institute, and the medical services of enterprises. It notes that the abovementioned Act of 1979 refers to the INSO and its functions (section 20), to the National Social Security Fund (section 24) and the medical services of enterprises (section 41). The Committee also notes that sections 8 and 9 of the Act refer to the employment of women and minors.

The Committee regrets to note, however, that none of the abovementioned provisions refer to the specific obligation for young persons under the age of 18 years to undergo medical examination before admission to employment (Article 2), the frequency of such examinations (Article 3), the frequency of medical examinations until the age of 21 years for young people in occupations which involve high health risks (Article 4), the requirement that the examinations must be free of charge (Article 5), the special measures to be taken where the young person is found by medical examination to be unsuited to the work (Article 6) and the requirement to file and keep available to labour inspectors the medical certificate for fitness for employment or the workbook (Article 7).

The Committee therefore recalls that, when a Government chooses to ratify a Convention, it assumes the obligation to take all necessary steps to give effect to its provisions, and urges the Government to adopt the necessary legislative and regulatory measures to apply the provisions of the Articles of this Convention. The Committee reiterates its suggestion that the Government may wish to seek the technical assistance of the Office in finding the best solution to the technical problems which are preventing the application of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

[The Government is asked to reply in detail to the present comments in 2003.]