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In its comments in 2006, the Committee asked the Government to submit a detailed report and to respond to the questions examined therein. The Committee notes that the report submitted by the Government does not include the requested information. The Office requested the Government to submit this information by letter of 31 October 2009. The Committee notes that, although the Government has submitted numerous pieces of legislation, it has not responded specifically to the questions raised by the Committee. The Committee therefore reiterates its request for a detailed report based on the report form for the Convention as well as responses to the questions raised by the Committee in its direct request of 2006.
[The Government is asked to reply in detail to the present comments in 2011.]
1. The Committee notes the information contained in the Government’s report. It notes with interest the adoption of the Organic Act concerning prevention and working conditions and environment (LOPCYMAT), adopted on 25 July 2005.
2. Article 2, paragraph 1, of the Convention. Replacement of carcinogenic substances and agents by non-carcinogenic or less harmful substances or agents. In its previous comments, the Committee requested the Government to provide a copy of the official regulation under the terms of which the enterprise Petróleos de Venezuela, S.A. (PDVSA), decided to replace asbestos in packaging and other uses by non-carcinogenic substances, as a result of which for ten years the activities in this industry have been carried out without the use of asbestos. The Committee notes that, according to the Government’s report, a copy of the regulation will be provided when it has been obtained. The Committee requests the Government to provide the text of this regulation and to continue providing information on the efforts made to ensure that, in cases where reasonable replacement substances exist, they are used in practice instead of carcinogenic substances and agents.
3. Article 2, paragraph 2. Reduction to the minimum compatible with safety of the level of exposure of workers to ionizing radiations. In its previous comments the Committee, based on the conclusion of the Department of Occupational Medicine of the Venezuelan Social Security Institute (IVSS) that the exposure of workers to radiation for eight hours is compatible with their safety, referred to the need to establish dose limits for exposure to sources of radiation to protect health and reduce to a minimum the danger to the life of workers, as recommended by the International Commission on Radiological Protection (ICRP) (see the ICRP publication: International basic safety standards for protection against ionizing radiations and for the safety of radiation sources, 1997, Safety Series No. 115). The Committee requests the Government to indicate whether exposure limits to sources of radiation have been adopted and, if so, whether the limits recommended by the ICRP were taken into account and are complied with. The Committee requests the Government to keep it informed of any progress achieved in this respect.
4. Article 3. Measures to be taken to protect workers against the risks of exposure to carcinogenic substances or agents. In its previous comments the Committee noted the suspension by the IVSS of the Radiophysical Health Programme, which evaluated and recorded workers exposed to ionizing radiations. The Committee expressed the hope that the Radiophysical Health Programme would be reactivated and that it would be able to continue evaluating and recording workers exposed to ionizing radiations. As the Government’s last report does not contain any information in relation to these comments, the Committee requests the Government to provide such information and to take the necessary action for the adoption of measures to give effect to this Article of the Convention and for the establishment of the system of records required by this Article.
5. Article 5. Measures to ensure that workers are provided with medical examinations. The Committee notes that the Government is engaged in formulating the regulations of the LOPCYMAT. The Committee also understands that the provisions on the medical examinations of workers in both the LOPCYMAT and the draft regulations are fairly general in nature. The Committee therefore requests the Government to take the necessary steps to establish the requirement for medical examinations or biological or other tests or investigations to be undertaken for workers before and during the period of employment and thereafter as are necessary to evaluate their exposure and supervise their state of health in relation to the occupational hazards.
6. Part IV of the report form. Application of the Convention in practice. In its previous comments the Committee requested the Government to give a general appreciation of the manner in which the Convention is applied in the country, including extracts from inspection reports and copies of the conclusions of inspections and investigations undertaken by the National Institute for Occupational Prevention, Health and Safety, in accordance with the requirements of the LOPCYMAT. It also requested the Government, if such statistics were available, to provide information concerning the number of workers covered by the legislation or other measures giving effect to the Convention, the number and nature of the contraventions reported, the number, nature and cause of cases of disease, etc. As the Government’s last report does not contain any information in this respect, the Committee once again requests the Government to provide information on the application of the Convention in practice.
[The Government is asked to report in detail in 2007.]
The Committee notes the information provided by the Government in its report.
Article 2, paragraph 1, of the Convention. The Committee recalls that in its previous direct request it noted the information provided by the Government to the effect that it had been decided in the enterprise Petróleos de Veneuela, S.A. (PDVSA) to replace asbestos in packaging and other uses by non-carcinogenic substances and that for ten years the activities in the industry had been carried out without the use of asbestos. The Committee then noted that, according to the Government, this substitution would be carried out in accordance with an official regulation. In this respect, the Committee once again requests the Government to indicate the official regulation which provides for the replacement of asbestos in packaging and other uses by non-carcinogenic substances. The Committee hopes that the Government, in providing detailed information on the above regulation, will supply a copy of it so that the Committee can examine its relevance to this provision of the Convention. The Committee also requests the Government to continue providing information on the efforts made to ensure that, in cases where reasonable replacement substances exist, they are actually used in practice instead of carcinogenic substances and agents.
Article 2, paragraph 2. The Committee notes the Government’s statement that the Department of Occupational Medicine in the Venezuelan Social Security Institute (IVSS) considers that the "philosophy of radiological protection" constitutes the scientific basis for deeming that the exposure of its workers to radiation for eight hours is compatible with safety. The Committee also notes the Government’s comments on this matter. The Committee notes that, in the above comments, the Government refers to the International Commission on Radiological Protection (ICRP). In this respect, the Committee recalls that the ICRP’s recommendations (contained in its publication International basic safety standards for protection against ionizing radiations and for the safety of radiation sources" of 1997, Safety Series No. 115), in establishing radiological safety standards to protect health and reduce to a minimum the danger to life, set out dose limits for exposure to sources of radiation in terms of years, and not eight hours. The Committee therefore requests the Government to indicate whether the exposure limits to radiation sources recommended by the ICRP have been taken into account. The Committee finally notes that, according to the Government, if the working day was reduced as a preventive measure, this would involve increasing the number of persons subject to occupational exposure to the hazard, "which could result at the same time in an increase in the collective radiological impact". In this respect, the Committee recalls that, if the exposure limits to radiation sources proposed by the ICRP are respected, the risks referred to by the Government would not occur. It therefore urges the Government once again to adopt the exposure limits proposed by the ICRP.
Article 3. The Committee notes the Government’s indication that the Department of Occupational Medicine of the IVSS in 1994 suspended the Radiophysical Health Programme, which evaluated and recorded workers exposed to ionizing radiations. The Committee notes from the Government’s information that this body is in the process of being reactivated in IVSS centres at the national level. The Committee notes the information supplied by the Government that the Department of Occupational Medicine nevertheless keeps a record of diseases and biological manifestations related to five carcinogenic substances. The Committee hopes that the Radiophysical Health Programme will soon be reactivated and that it will be able to continue evaluating and recording workers exposed to ionizing radiations. The Committee also recalls that the obligation to operate an appropriate system of records is only fulfilled where records are kept of all workers exposed to substances or products which may give rise to occupational cancer. The Committee therefore hopes that the Government will make every effort to take the necessary measures in the near future to give effect to this Article of the Convention by establishing the records that it requires.
Article 5. The Committee notes the information provided by the Government indicating once again that the Venezuelan Social Security Institute (IVSS) has the capacity to evaluate the exposure and state of health of workers exposed to five specific carcinogenic substances. The Committee also notes the Government’s indication that sections 6 (1) and (2), 19 and 34 of the Framework Act respecting prevention and occupational conditions and environment (LOPCYMAT) of 10 July 1986 (published in the Gaceta Oficial of the Republic of Venezuela, No. 3850 of 18 July 1986, Special Issue) and COVENIN standard No. 2274-97 respecting occupational health services in workplaces, are considered by the Government as being provisions which give effect to Article 5 of the Convention. The Committee recalls that Article 5 places the obligation upon the Government to take measures to ensure that workers are provided with such medical examinations or biological or other tests or investigations during the period of employment and thereafter as are necessary to evaluate their exposure and supervise their state of health in relation to the occupational hazards. The Committee notes that the provisions of the LOPCYMAT Act referred to by the Government are of a very general nature. It therefore requests the Government to take the necessary measures to provide for the medical examinations or biological or other tests or investigations before, during and after the employment of all workers exposed to carcinogenic substances or products, as envisaged by Article 5 of the Convention.
Finally, the Committee requests the Government, in accordance with Part IV of the report form, to give a general appreciation of the manner in which the Convention is applied in the country, including extracts from inspection reports and copies of the conclusions of inspections and investigations undertaken by the National Institute of Occupational Prevention, Health and Safety, in accordance with the requirements of the LOPCYMAT Act. Finally the Committee requests the Government to provide, if such statistics are available, information concerning the number of workers covered by the legislation or other measures which give effect to the Convention, the number and nature of the contraventions reported, the number, nature and cause of cases of disease, etc.
The Committee notes the information provided by the Government in reply to the general observation of 1992 and the direct request of 1993.
I. Article 2, paragraph 1, of the Convention. The Committee notes with interest the information provided by the Government concerning the enterprise Petróleos de Venezuela, S.A. (PDVSA), according to which it has decided to replace asbestos materials in its branches, which are used in particular in packaging, by other non-carcinogenic substances, and that for ten years the activities in the industry have been carried out without the use of asbestos. It also notes the Government's statement that this substitution will continue in accordance with an official regulation. The Government is requested to specify the official regulation to which it refers.
Article 2, paragraph 2. The Committee notes the Government's information that radiology technicians in the Venezuelan Social Security Institute (IVSS) work eight-hour shifts and that only workers performing their tasks are admitted into the radiology unit. It also notes that, according to the Government, their working hours are compatible with safety considerations. The Committee therefore requests the Government to indicate the scientific grounds on which it may be considered that the exposure of workers to radiation for eight hours is compatible with safety considerations.
Article 3. The Committee notes with interest that the Radiophysical Health Unit of the Department of Industrial Safety and Occupational Medicine of the Venezuelan Social Security Institute (IVSS) keeps a computerized register of the exposure of workers to radiation and that the results are issued once a month. The Committee requests the Government to examine the possibility of setting up such reporting systems for workers exposed to carcinogenic substances in other sectors. It requests the Government to keep it informed of any development relating to systems for recording information concerning carcinogenic substances.
Article 5. The Committee notes that, according to the Government, the occupational diseases consultation unit of the Directorate of Occupational Medicine of the Venezuelan Social Security Institute (IVSS) has the capacity to follow up problems resulting from the use of radiation and problems arising out of the exposure of workers to other types of radioactive isotope or any other carcinogenic substances. The Committee recalls that the periodicity of the medical examinations provided for by the COVENIN standard No. 2274-85, depending on age, is either twice a year or yearly, but that section 2 of Decree No. 33046 of 22 August 1984 provides for medical examinations before employment and annual examinations thereafter for workers exposed to asbestos, vinyl chloride, chromates and nickel. Recalling its previous comments, the Committee emphasizes that Article 5 of the Convention requires the medical examinations or biological or other tests or investigations as are necessary before, during and after the employment of workers to evaluate their exposure and supervise their state of health. The Committee therefore requests the Government to indicate the measures which have been taken or are envisaged to ensure that all workers exposed to carcinogenic substances are supervised after their employment.
II. The Committee notes that, in the absence of a decision by the Directorate for Standardization and Quality Certification, which is an institution under the authority of the Ministry of Development, the COVENIN standard No. 2274-85 remains in force.
Finally, it notes that no progress has yet been made in the revision of the Regulations on the conditions of occupational health and safety.
The Committee requests the Government to continue providing information on any progress achieved in this respect.
The Committee notes with interest the information provided in the Government's report concerning the application of Article 1 of the Convention. It also notes with interest from the Government's reply to the observation made by the Central Union of Venezuelan Workers (CUTV) that, by virtue of Decree No. 2.208 of 12 May 1992, the National Council and the National Institute on Prevention and Health and Safety at Work have been created. The Government is requested to provide further information on the following points:
I. 1. Article 2, paragraph 1. The Committee notes the indication in the Government's report that the costs of installing safety equipment, of undertaking workplace environment studies, of providing for the medical supervision of workers' health and of ensuring that the maximum exposure limits are respected has been high in comparison with the benefits of using carcinogenic substances and thus, substances which provide the same advantages and are not a health risk, or are much less toxic, are used instead. The Government is requested to provide information on any efforts made to ensure that, in cases where there is a reasonable substitute product, carcinogenic substances and agents are indeed replaced by such products.
2. Article 2, paragraph 2. The Committee notes that sections 2, 3 and 4 of the Decree published in the Gazeta Oficiel No. 33046 of 22 August 1984 set forth limits to certain substances in cases where a worker is exposed to such substances for an eight-hour day. It further notes the Government's indication that there are no measures at present to reduce to a minimum the number of workers exposed to carcinogenic substances and agents. The Government is requested to indicate the measures taken or envisaged to ensure that the duration of exposure to certain substances is reduced to a minimum compatible with safety and that the number of workers exposed is also reduced to a minimum, in conformity with this Article of the Convention.
3. Article 3. The Committee notes the Government's indication that no system of records concerning worker exposure to carcinogenic substances and agents has been established, but that the Government would be interested in further information on such systems. In this regard, the Committee would refer the Government to the ILO's Occupational Safety and Health Series, publication No. 39 - Occupational Cancer: Prevention and Control, in particular, Chapter 8 on registers and recording. The Government is requested to indicate in its next report any measures taken or envisaged to establish a system of records of worker exposure to carcinogenic substances or agents.
4. Article 5. The Committee notes with interest that the periodicity of medical examinations provided for by the COVENIN Standard No. 2274-85 is either twice a year or yearly, depending on age. It further notes that the Decree in the Gazeta Oficiel No. 33046 provides for pre-employment, annual and post-employment medical examinations for workers exposed to asbestos, vinyl chloride, chromic acid chromates and nickel. The Government is requested to indicate any measures taken or envisaged to provide for post-employment medical surveillance for workers exposed to other carcinogenic substances.
II. The Committee notes the Government's indication that COVENIN Standard No. 2274-85 has been sent back for public discussion prior to its final review by the Directorate for Standardization and Quality Certification. The Government is requested to indicate, in its next report, the progress made in the review of this standard.
The Committee also notes the Government's indication that the Regulations on the Conditions of Occupational Health and Safety were submitted to an Ad-Honorem Committee for review in 1983 and a first revised draft was prepared in 1985 and was brought up to date in 1989. According to the Government, the final draft will be submitted to the interested parties so that it may be adopted by the competent authority. The Government is requested to indicate any further progress made in this regard.
With reference to its observation, the Committee notes that the non-creation of the National Council and the Institute for Prevention and Occupational Health and Safety could have serious effects on the application of this Convention. It, therefore, requests the Government once again to provide additional information on the following points:
1. Article 1 of the Convention. The Committee has noted that under section 27 of Act No. 3850 of 18 July 1986, a register shall be kept of substances which, because of their chemical, toxic or physical nature, may cause a risk to health. It also noted that section 10, paragraph 16, of this Act required the establishment of standards for the testing, classification and control of potentially dangerous substances. In this connection, it noted the Government's statement that the lists of carcinogenic substances or agents which have been elaborated by the Inter-American Safety Council and the International Agency for Research on Cancer are used by the Government authorities as a point of reference. The Committee would be grateful if the Government would indicate in its next report which of the substances mentioned in the above lists (other than ionising radiations and asbestos) are subject to control or authorisation, which are prohibited and which are subject to the other provisions of the Convention. The Government is requested to indicate the provisions which have been made for the periodic review of the list of carcinogenic substances and agents.
2. Article 2, paragraph 1. The Government is requested to indicate the measures which have been taken to replace carcinogenic substances and agents with non-carcinogenic substances and agents and also to indicate how account is taken of carcinogenic, toxic or other properties in the choice of the substitutes.
3. Article 2, paragraph 2. The Government is requested to indicate the measures which have been taken to reduce to a minimum the number of workers exposed to carcinogenic substances and agents in general and the duration and level of such exposure.
4. Article 3. The Government is requested to indicate the measures which have been taken to establish a system of records of workers' exposure to carcinogenic substances and agents, as national laws and regulations appear to provide only for notification of occupational diseases, including cancer.
5. Article 5. Noting that COVENIN Standard No. 2274-85 provided for workers to undergo medical examinations, the Government is requested to indicate in its next report the nature and frequency of the medical examinations prescribed for workers exposed to carcinogenic substances and to supply copies of the relevant provisions.
6. The Committee has noted that the COVENIN standards of 1985 - supplied by the Government with its first report - were only in force for a one-year period. The Government is requested to indicate whether any of the COVENIN standards have ceased to apply or have been revised. If the latter has occurred, the Government is requested to supply copies of the most recent COVENIN standards relating to carcinogenic substances in force.
7. The Committee also requests the Government to indicate whether the Regulations on the Conditions of Occupational Health and Safety have been revised since 1968 and if so to supply a copy of the regulations currently in force.
[8. The Government is requested to supply a detailed report for the period ending 30 June 1992.]
The Committee notes with regret that it has not received a report from the Government concerning the application of this Convention since the Government's first report for 1986 and, therefore, the Committee has not received a reply from the Government to any of its previous comments either. The Committee takes note, however, of the observation made by the Central Union of Workers concerning the non-application of this Convention, to which the Government has also not responded. In this regard, the Committee refers the Government to its observation under the Occupational Safety and Health Convention, 1981 (No. 155).
In addition, a request is being addressed directly to the Government on a number of points concerning the application of Articles 1, 2, 3 and 5 of the Convention.
The Committee notes with regret that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters which were raised in its previous direct request:
The Committee examined the Government's first report and requests the Government to provide additional information on the following points in its next report.
5. Article 5. Noting that COVENIN Standard No. 2274-85 provided for workers to undergo medical examinations, the Committee would be grateful if the Government would indicate in its next report the nature and frequency of the medical examinations prescribed for workers exposed to carcinogenic substances and to supply copies of the relevant provisions.
6. The Committee has noted that the COVENIN standards of 1985 - supplied by the Government with its first report - were only in force for a one-year period. The Government is requested to indicate whether any of the COVENIN standards are no longer in force or have been revised. If the latter has occurred, the Government is requested to supply copies of the most recent COVENIN standards relating to carcinogenic substances in force.
The Committee has examined the Government's first report and would be grateful if the Government would provide additional information on the following points in its next report.