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The Committee notes with satisfaction the adoption of Decree No. 291/2007 of 13 August 2007 issuing regulations to Act No. 15965 of 28 June 1988 adopting this Convention, and Decree No. 307/009 of 3 July 2009 laying down compulsory minimum standards for the protection of safety and health of workers against hazards arising out of chemical agents, which gives effect in law to Articles 5, 11, 19 and 21 of the Convention, referred to by the Committee in its previous comments. Noting that Decree No. 307/009 facilitates application of the Chemicals Convention, 1990 (No. 170), the Committee invites the Government to consider the possibility of ratifying the latter, and to provide information in this regard.
Articles 1 and 2 of the Convention. Scope. The Committee welcomes the fact that section 1 of Decree No. 291/007 lays down compulsory minimum provisions for managing prevention of and protection against hazards that arise or may arise out of any activity, be it commercial, industrial, rural or a service, whether or not carried out for profit and whether in the public or the private sphere.
Article 4. Formulation, implementation and periodical review of a coherent national policy. Sectoral tripartite committees. The Committee notes that section 12 of Decree No. 291/2007 establishes that for the purpose of applying the Convention, in every sector or branch of activity a sectoral tripartite committee shall be established for the formulation, implementation, and periodical assessment of a national policy on occupational safety and health and the working environment and of the means by which it is applied. The sectoral tripartite committees shall be composed of the Ministry of Labour and Social Security through the General Labour Inspectorate, which shall chair it, and representatives of employers and workers. While taking note of this important step towards the formulation of a national policy, the Committee notes that the law does not provide for mechanisms and bodies with which the tripartite committees are to work in order to formulate, implement and periodically review a coherent national policy. The Committee notes that according to section 16 of Decree No. 291/2007, the sectoral tripartite committees have recourse to the National Council on Occupational Safety and Health; however it appears that this in itself is not sufficient to ensure that the sectoral tripartite committees cooperate in the formulation, implementation and periodical review of a comprehensive national policy as provided for by this Article of the Convention. The Committee refers the Government to paragraphs 54–63 of its General Survey of 2009 on the Convention. The Committee requests the Government: (1) to provide information on sectoral tripartite committees that have been set up and on their operation in practice; (2) to specify the existing bodies and mechanisms that allow these sectoral tripartite committees to coordinate their work in order to formulate, implement and periodically review a coherent national policy on occupational safety and occupational health and the working environment, as required by the Convention; and (3) to supply information on the process for formulating, implementing and reviewing the national policy, together with relevant documentation.
Article 20. Cooperation between management and workers at enterprise level. The Committee notes that section 5 of Decree No. 291/2007 establishes that in every enterprise, a body shall be set up for cooperation between employers and workers, and that whatever the form of cooperation agreed on, the body shall gear its work to planning prevention, promotion of ergonomic systems, evaluation of new hazards, promotion and cooperation for training, keeping a register of incidents, defects, occupational accidents and diseases, study and analysis of statistics and promotion of cooperation in occupational health, occupational safety and the working environment. The Committee requests the Government to provide information on the application of this provision in practice. It also asks the Government to specify how the provision is applied in small and medium-sized enterprises.
Article 7. Periodical reviews. Article 11, paragraph (d). Inquiries into occupational accidents. Article 11, paragraph (e). Annual publication of reports. Article 13. Protection of workers from undue consequences. Article 17. Two or more undertakings engaged in activities simultaneously at one workplace. Article 18. Measures to deal with emergencies. The Committee notes that the Government has not provided any information in response to the issues raised in its previous direct request, but that many of these issues have been resolved by Decree No. 291/2007. The Committee nonetheless observes that this Decree, which forms the basis of the law on occupational safety and health since it regulates the application of the Convention for all branches of activity, does not seem to give full effect of the provisions referred to in the first part of this paragraph. The Committee accordingly once again asks the Government to indicate measures taken to give effect to Articles 7, 11(d) and (e), 13, 17 and 18, of the Convention.
Part V of the report form. Application in practice. The Committee requests the Government to provide general information on the manner in which the Convention is applied in practice including, for example, extracts of labour inspection reports and statistics of the number of workers covered by the legislation, the number and nature of contraventions reported, the number, nature and causes of accidents notified, etc.
Action taken on the recommendation set out in the report on a representation (document GB.270/15/6). The Committee notes that the Government has not sent the information requested by the Committee in its previous comments on the follow-up to the recommendations set forth in the Governing Body’s report of November 1997 (GB.270/15/6), regarding a representation by the Latin American Central of Workers (CLAT). The Committee requests the Government to provide information on any actions taken on the recommendations set out in paragraph 32 of the report on the abovementioned representation, specifying the points of the recommendations which it deems that it has complied with and the manner in which it has done so, and the points that have yet to be complied with and the measures envisaged to secure compliance.
Action taken on recommendations set out in the report on a representation (document GB.292/16/6). The Committee notes that in March 2005, the Governing Body adopted a report on a representation made under article 24 of the ILO Constitution by the Inter-Union Assembly of Workers – Workers’ National Convention (PIT–CNT) alleging non-observance by Uruguay of the Convention (document GB.292/16/6). The gist of the PIT–CNT’s representation was that no measures were taken to develop and implement the mechanisms provided for in the Convention. The Committee reminds the Government that in paragraph 41(b) of its report, the Governing Body urged the Government of Uruguay:
(i) to continue to strengthen occupational safety and health legislation and to regulate those areas where vacuums exist;
(ii) to ensure compliance with current occupational safety and health legislation at both national and enterprise level;
(iii) to examine periodically the situation as regards the safety and health of workers in both the public and the private sectors, in order to identify problems which exist and take effective measures to resolve them;
(iv) to provide information on the health and safety problems which, according to the PIT–CNT, have arisen as a result of the reform of the state enterprises;
(v) to continue to strengthen the inspection system at both national and enterprise level and increase, if appropriate, the number of labour inspectors, and to improve the imposition of the relevant sanctions;
(vi) to provide official information both on occupational risks and accidents and on investigations carried out in this area, and to state whether the body responsible for publishing the relevant statistical information has failed to do so since 1997;
(vii) to continue to increase training and qualification activities, especially at the enterprise level; and
(viii) to continue to facilitate and to promote cooperation between employers and workers or their representatives at the enterprise level.
In (c) of the same paragraph, the Governing Body requested the Government to include in the reports it submits on the application of Convention No. 155, information on the application of any measures adopted in order to achieve effective compliance with the recommendations made, so that the Committee of Experts can examine progress in these matters. The Committee notes that the Government has not provided information in this regard. It notes, however, that Decree No. 291/2007 facilitates the application of some of the recommendations set out in the Governing Body’s report and paves the way for progress to be made in the formulation of the national policy at sector level and in the action taken at enterprise level. The Committee requests the Government to provide detailed information on the action taken, both in law and in practice, on the recommendations set forth in document GB.292/16/6.
[The Government is asked to reply in detail to the present comments in 2011.]
1. With reference to its previous comments, the Committee notes the information provided in the Government’s latest report. It notes with interest the adoption of Decree No. 64/004 of 18 February 2004, which represents an update of the National Code on Diseases and Sanitary Events with Compulsory Notification. The Committee also notes with interest the draft regulation on minimum measures that should be taken for the prevention of and protection against occupational hazards in the chemical industry. Once adopted, this regulation would, in relation to the chemical industry, give effect to certain provisions of the Convention including Articles 5, 11, 19 and 21. The Committee hopes that, in the continued work on this Draft Regulation relating to the chemical industry, measures will be taken also to give effect to the following provisions of the Convention.
Article 4. The formulation, implementation and periodical review of a coherent national policy on occupational safety and health in the chemical industry whose aim is to prevent accidents and injury to health arising out of, linked with, or occurring in the course of work.
Article 6. The respective functions and responsibilities in respect of occupational safety and health in the chemical industry of public authorities, employers and workers.
Article 7. Periodical review of the situation regarding occupational safety and health in the chemical industry either overall or in respect of particular areas, with a view to identifying major problems, evolving effective methods for dealing with them and priorities of action, and evaluating results.
Article 10. Measures to provide guidance to employers and workers so as to help them to comply with legal obligations.
Article 12. Measures to take with a view to ensure that those who design, manufacture, import, provide or transfer chemical substances for occupational use satisfy themselves that such substances do not entail dangers for the safety and health of those using it correctly and to make available information as well as instructions concerning the correct installation and use of substances.
Article 13. Protection from undue consequences of a worker who has removed himself from a work situation which he or she has reasonable justification to believe presents an imminent and serious danger to his or her life or health.
Article 14. The inclusion of questions of occupational safety and health in the chemical industry at all levels of training, in a manner meeting the training needs of all workers.
Article 17. Collaboration in applying the requirements of this Convention of two or more undertakings engaged in activities simultaneously at one workplace.
Article 18. Employers’ obligation to deal with emergencies and accidents, including adequate first-aid arrangements.
The Committee requests the Government to inform the ILO about any progress achieved with regard to the development and adoption of the mentioned regulation and to communicate a copy of this text once adopted.
2. The Committee notes that the Government’s report does not contain any specific information on efforts made to follow-up on the conclusions of the Committee set up to examine the representation made by the Latin American Central of Workers (CLAT) approved by the Governing Body. The Committee would be grateful if the Government would continue to ensure a determined and continued application of measures to prevent accidents and injuries arising out of work, to evaluate their impact and to keep the Office informed of all developments in this regard.
Further to its previous comments, the Committee notes the information provided by the Government. It notes in particular that the Government has continued to implement its Emergency Plan for the Construction Industry during 1997 and 1998, through the programme of allocating of human and material resources to the General Labour and Social Security Inspectorate. The number of occupational safety inspectors stands at 28, and starting from 1998 in agreement with the Labour University of Uruguay, six assistants in technical prevention will be joining the Inspectorate. Inspection visits continued during the three years (1997-99) under the programme of inspections of the working conditions environment. Under the programme of training, training courses for 24 workers’ delegates in construction were given, and a tripartite day of evaluation of the Emergency Plan for the Construction Industry was held. The first National Congress on the conditions of work and the working environment in the construction industry was held on 12 November 1998. Under the programme of publications, illustrative pamphlets and press publications continued to be utilized. The statistics provided on fatalities indicate a reduction in their number.
The Committee recalls its previous comments based on one of the conclusions of the Committee set up to examine the representation made by the Latin American Central of Workers (CLAT) and approved by the Governing Body. This conclusion had pointed out that the determined and continuous application of measures adopted following the submission of the representation, pursuant to Article 4 of the Convention, together with their evaluation ensures that the accidents and injury to health arising out of work are prevented. The Committee would be grateful if the Government would continue to take the necessary measures and to evaluate their impact and to keep the Office informed of all developments in this regard.
The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:
The Committee notes that at its 270th Session (November 1997), the Governing Body adopted the report of the Committee set up to examine the representation made by the Latin American Central of Workers (CLAT) under article 24 of the ILO Constitution, alleging non-observance by Uruguay of this Convention (document GB.270/15/6). The conclusions of the report of the above Committee emphasize that an increase or reduction in the number of fatal working accidents is an indication of whether or not the Convention is being properly applied. Without underestimating the measures taken by the Government to ensure that accidents are prevented and risks are reduced, the allegations made by the CLAT relating to the situation in respect of occupational safety and health in the construction industry cast doubt on the results of the accident, damage and risk prevention policy introduced. It is recalled that the effective fulfilment of the national policy in the area indicated depends partly on the existence and application of sufficiently dissuasive penalties in cases where legislative or regulatory provisions are infringed, as well as on tripartite activities. Furthermore, the best way in which to ensure that working accidents are prevented requires not only more comprehensive training of construction representatives and supervisors in the construction industry, but also training activities designed to disseminate knowledge of occupational safety and hygiene more widely so as to ensure that such activities involve a larger number of workers from this sector. Under the recommendations appearing in the above report, it is proposed that the Government implement more effective tripartite activities, as well as measures relating to the various aspects of the realization and assessment of the effectiveness of the national policy designed to prevent accidents at work; that it continue to strengthen the legislative and regulatory provisions in the area in question with a view to promoting accident prevention in this sector and, in particular, to specifying in a more complete manner the respective functions and responsibilities of the social partners and other persons and institutions concerned; that it examine, at appropriate intervals, the situation in respect of occupational safety and health in the construction industry, in order to determine the problems which exist and to develop effective methods to resolve them; that it examine in particular the delivery and appropriate use of protective equipment; that it maintain and increase the labour inspection system in the industry referred to and strengthen the imposition of penalties provided for; that it broaden training activities so that they extend to the largest possible number of workers in the construction industry; that it enhance and promote, at enterprise level, cooperation between employers and workers or their representatives as an essential element of the activity designed to prevent accidents at work. While recalling one of the Committee's conclusions according to which the determined and continuous application of measures adopted following the submission of the representation, pursuant to Article 4 of the Convention, as well as the fact that the assessment of such measures ensures that the accidents and injury to health arising out of work are prevented, the Committee requests the Government to provide information on the measures taken to give effect to the recommendations adopted by the Governing Body so as to ensure that the Convention is applied.
The Committee hopes that the Government will make every effort to take the necessary action in the very near future.
The Committee notes that at its 270th Session (November 1997), the Governing Body adopted the report of the Committee set up to examine the representation made by the Latin American Central of Workers (CLAT) under article 24 of the ILO Constitution, alleging non-observance by Uruguay of this Convention (document GB.270/15/6).
The conclusions of the report of the above Committee emphasize that an increase or reduction in the number of fatal working accidents is an indication of whether or not the Convention is being properly applied. Without underestimating the measures taken by the Government to ensure that accidents are prevented and risks are reduced, the allegations made by the CLAT relating to the situation in respect of occupational safety and health in the construction industry cast doubt on the results of the accident, damage and risk prevention policy introduced. It is recalled that the effective fulfilment of the national policy in the area indicated depends partly on the existence and application of sufficiently dissuasive penalties in cases where legislative or regulatory provisions are infringed, as well as on tripartite activities. Furthermore, the best way in which to ensure that working accidents are prevented requires not only more comprehensive training of construction representatives and supervisors in the construction industry, but also training activities designed to disseminate knowledge of occupational safety and hygiene more widely so as to ensure that such activities involve a larger number of workers from this sector.
Under the recommendations appearing in the above report, it is proposed that the Government implement more effective tripartite activities, as well as measures relating to the various aspects of the realization and assessment of the effectiveness of the national policy designed to prevent accidents at work; that it continue to strengthen the legislative and regulatory provisions in the area in question with a view to promoting accident prevention in this sector and, in particular, to specifying in a more complete manner the respective functions and responsibilities of the social partners and other persons and institutions concerned; that it examine, at appropriate intervals, the situation in respect of occupational safety and health in the construction industry, in order to determine the problems which exist and to develop effective methods to resolve them; that it examine in particular the delivery and appropriate use of protective equipment; that it maintain and increase the labour inspection system in the industry referred to and strengthen the imposition of penalties provided for; that it broaden training activities so that they extend to the largest possible number of workers in the construction industry; that it enhance and promote, at enterprise level, cooperation between employers and workers or their representatives as an essential element of the activity designed to prevent accidents at work.
While recalling one of the Committee's conclusions according to which the determined and continuous application of measures adopted following the submission of the representation, pursuant to Article 4 of the Convention, as well as the fact that the assessment of such measures ensures that the accidents and injury to health arising out of work are prevented, the Committee requests the Government to provide information on the measures taken to give effect to the recommendations adopted by the Governing Body so as to ensure that the Convention is applied.
The Committee notes with interest the information provided in the Government's latest report and the creation of the tripartite Co-ordination Group on Occupational Safety and Workplace Environment Conditions. It further notes the draft Bill on the creation of a National Commission on Occupational Safety which sets out a national policy on occupational safety, occupational health and the working environment, in accordance with Article 4 of the Convention. The Committee hopes that this Bill will be adopted in the near future and that it will ensure the full application of the Convention. The Government is requested to indicate, in its next report, the progress made in this regard.
The Committee notes the indication in the Government's latest report that a draft decree will soon be approved by the Executive Power which provides for the creation of a tripartite Coordination Group on Occupational Safety and Workplace Environment Conditions. The Coordination Group to be established would have the task, inter alia, of analysing the national occupational safety and health policy and proposing amendments, as well as elaborating national plans of action and programmes with respect to occupational safety and health and studying the viability of establishing a single competent body in occupational safety and health matters.
In its previous comments, the Committee noted that the Government had not yet taken steps to give effect to the provisions of the Convention. The Committee hopes that the necessary steps will be taken in the near future to formulate and implement a national policy on occupational safety, occupational health and the working environment, in accordance with Article 4 of the Convention. The Government is requested to indicate, in its next report, the progress made in this regard and the measures taken to ensure the application of the other provisions of this Convention.
The Committee notes with interest the information provided in the Government's first report. It observes that the Government has not yet taken steps to give effect to the provisions of the Convention.
With reference to its general observation of 1990, the Committee points out that this Convention lays down the basic principles for the development of a national policy to ensure a coherent and comprehensive occupational safety and health system, both at the national level and at the level of the undertaking.
The Committee has noted that, in ratifying the Convention, governments have indicated their recognition of the importance of a coherent policy in this field. Such a policy should be promoted in order to facilitate a timely and adequate response to all concerns raised by occupational hazards, in particular, as regards the impact that technical progress may have on the working environment. As the Committee has suggested in its general observation for several countries, the Government may wish to have recourse to the advice and technical cooperation of the ILO, in particular through the International Programme for the Improvement of Working Conditions and Environment (PIACT), which aims at promoting, inter alia, the principles embodied in this Convention.
The Committee asks the Government to supply information on the measures it has taken or intends to take to formulate a national policy on occupational safety, occupational health and the working environment in accordance with Article 4 of the Convention. It also asks the Government to supply information as to how the application of the other provisions of the Convention is ensured.