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Previous comments: C.115, C.119 and C.120
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.
The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:
Article 6, paragraph 1, and Part IV of the report form. Appropriate measures taken by the inspection service and the application of the Convention in practice. The Committee notes that the Government provides virtually no new information in response to its previous comment. The Committee must therefore reiterate its request to the Government to provide information in its next report on the manner in which effect is given in practice to the provision of the Convention including information on the employed persons covered by the relevant legislation and the number and nature of the infringements reported, as well as extracts from inspection reports to enable the Committee to assess the effectiveness of the supervision carried out.
The Committee hopes that the Government will make every effort to take the necessary action in the very near future.
1. The Committee notes the information in the Government’s latest report.
2. Article 6, paragraph 1, and Part IV of the report form. Appropriate measures taken by the inspection service and the application of the Convention in practice. The Committee notes that the Government provides virtually no new information in response to its previous comment. The Committee must therefore reiterate its request to the Government to provide information in its next report on the manner in which effect is given in practice to the provision of the Convention including information on the employed persons covered by the relevant legislation and the number and nature of the infringements reported, as well as extracts from inspection reports to enable the Committee to assess the effectiveness of the supervision carried out.
[The Government is asked to reply in detail to the present comments in 2008.]
1. The Committee notes the information contained in the Government’s report and notes that the report contains almost no relevant information in reply to the observations made to the Government in 2000, 2003, 2004 and 2005. The Committee therefore urges the Government to reply to the following questions.
2. Article 6, paragraph 1, and Part IV of the report form. Appropriate measures taken by the inspection services and the application of the Convention in practice. The Committee notes that compliance with the laws that are in force is ensured by the labour inspection services by means of visual inspections, where necessary, accompanied by instruments to measure the levels of noise and temperature. Recommendations and indications of appropriate corrective measures are proposed to improve working conditions and the working environment. The Committee also notes that the changes which have to be made to improve working conditions and the working environment depend on the gravity of the risks that exist, and that the necessary measures have to be adopted within a specific time frame (2, 7, 15, 30, 45 days) and that subsequent inspections are carried out once this period has ended. With regard to the application of the Convention in practice, the Committee notes the Government’s indications that the infringements detected relate to noisy environments, lack of illumination and ventilation, excessive heat and the use of inadequate personal protective equipment. The Committee requests the Government to provide information in its next report on the manner in which effect is given in practice to the provisions of the Convention, including information on the employed persons covered by the relevant legislation and the number and nature of the infringements reported, as well as extracts from inspection reports to enable the Committee to assess the effectiveness of the supervision carried out.
1. The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:
Article 6 and Part IV of the report form. The Committee notes the Government’s indication that one of the inspection measures is the measurement of the temperature and the level of noise at the workplace. Depending on the results of these measurements, the inspector makes proposals and gives recommendations in order to improve the conditions prevailing at the workplace. The subsequent controls are carried out in intervals of 2, 7, 15, 30, 45, etc. days depending on the particular risk found during the inspection. The Committee, taking due note of this information, invites the Government to continue to supply information on the manner in which effect is given to the provisions of the Convention in practice.
2. The Committee hopes that the Government will make every effort to take the necessary action in the very near future.
The Committee notes with regret that the Government’s report has not been received. It must therefore repeat a part of its previous observation, which read as follows:
The Committee notes with regret that the Government’s report has not been received. It must therefore repeat a part of its previous observation which read as follows:
Article 6 and Part IV of the report form. The Committee notes with interest the Government’s indication that one of the inspection measures is the measurement of the temperature and the level of noise at the workplace. Depending on the results of these measurements, the inspector makes proposals and gives recommendations in order to improve the conditions prevailing at the workplace. The subsequent controls are carried out in intervals of 2, 7, 15, 30, 45, etc. days depending on the particular risk found during the inspection. The Committee, taking due note of this information, invites the Government to continue to supply information on the manner in which effect is given to the provisions of the Convention in practice.
The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:
1. The Committee notes with satisfaction the provision of section 227, paragraphs 1 and 5, of Decree No. 14390 of 1992, determining minimum and maximum standards of temperature and humidity with regard to the climate and nature of work, applying Article 10 of the Convention. It also notes with satisfaction that the provisions of sections 231 and 232 of the abovementioned Decree concerning the reduction of noise and vibrations give full effect to Article 18 of the Convention. 2. The Committee further notes with satisfaction the adoption of the new Penal Code whose section 205 stipulates that the exposure of persons in dangerous workplaces is considered as a punishable act. 3. Article 6 and Part IV of the report form. The Committee notes with interest the Government’s indication that one of the inspection measures is the measurement of the temperature and the level of noise at the workplace. Depending on the results of these measurements, the inspector makes proposals and gives recommendations in order to improve the conditions prevailing at the workplace. The subsequent controls are carried out in intervals of 2, 7, 15, 30, 45 etc. days depending on the particular risk found during the inspection. The Committee, taking due note of this information, invites the Government to continue to supply information on the manner in which effect is given to the provisions of the Convention in practice.
1. The Committee notes with satisfaction the provision of section 227, paragraphs 1 and 5, of Decree No. 14390 of 1992, determining minimum and maximum standards of temperature and humidity with regard to the climate and nature of work, applying Article 10 of the Convention. It also notes with satisfaction that the provisions of sections 231 and 232 of the abovementioned Decree concerning the reduction of noise and vibrations give full effect to Article 18 of the Convention.
2. The Committee further notes with satisfaction the adoption of the new Penal Code whose section 205 stipulates that the exposure of persons in dangerous workplaces is considered as a punishable act.
3. Article 6 and Part IV of the report form. The Committee notes with interest the Government’s indication that one of the inspection measures is the measurement of the temperature and the level of noise at the workplace. Depending on the results of these measurements, the inspector makes proposals and gives recommendations in order to improve the conditions prevailing at the workplace. The subsequent controls are carried out in intervals of 2, 7, 15, 30, 45 etc. days depending on the particular risk found during the inspection. The Committee, taking due note of this information, invites the Government to continue to supply information on the manner in which effect is given to the provisions of the Convention in practice.
The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:
In comments it has been making since 1973, the Committee has requested the Government to take the necessary measures to give effect to the following Articles of the Convention: Article 10 (maintenance of a comfortable and steady temperature); Article 18 (reduction of noise and vibrations); and Article 4(b) of the Convention (to give such effect as may be possible and desirable under national conditions to the Hygiene (Commerce and Offices) Recommendation, 1964 (No. 120)). In its report for the year 1992, the Government indicated that Regulations concerning safety and health and occupational medicine had been adopted and would be sent to the Office as soon as they were printed. The Government's latest report refers to Decree No. 14390 which approves the Regulations concerning safety and health and occupational medicine and Decree No. 14204 which establishes the regulations concerning the National Occupational Safety and Health Council and indicates that the draft national safety and health and occupational medicine Act is being reviewed by the National Congress and will be sent to the Office as soon as it is adopted. The Committee trusts that the new legislation will ensure the full application of the Convention and requests the Government to send copies of Decrees Nos. 14390 and 14204, as well as any other relevant legislation adopted, with its next report.
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 with interest the indication in the Government's report that the Regulations concerning safety and health and occupational medicine have been adopted and will be sent to the Office as soon as they have been printed. It further notes the Government's indication that these Regulations cover enterprises operated by the State, municipalities and other autonomous or self-governing bodies. The Committee hopes that the new legislation will ensure the application of the following Articles of the Convention which have been the subject of its comments since 1973: Article 10 (maintenance of a comfortable and steady temperature), Article 18 (reduction of noise and vibrations) and Article 4(b) of the Convention (to give such effect as may be possible and desirable under national conditions to the Hygiene (Commerce and Offices) Recommendation, 1964 (No. 120)). The Government is requested to send a copy of the Regulations concerning safety and health and occupational medicine to the Office as soon as a printed copy is available.
The Committee notes from the Government's reply to its previous observation that the Bill concerning occupational safety and health and occupational medicine which, according to the previous report, is to take account of all the comments made by the Committee, is at an advanced stage of discussion by the National Congress and will be transmitted to the Office as soon as it is adopted. As the matter has been raised for a number of years, the Committee again expresses the hope that this Bill will be adopted in the very near future in order to ensure the application of Article 10 (temperature of the premises) and Article 18 (reduction of noise and vibrations) of the Convention and, in accordance with Article 4(b), to give such effect as may be possible and desirable under national conditions to the Hygiene (Commerce and Offices) Recommendation, 1964 (No. 120).
In addition, the Committee would again request the Government to supply copies of the rules by which effect is given to the Convention in enterprises operated by the State, municipalities and other autonomous or self-governing bodies to the extent that the above-mentioned Bill does not apply to such enterprises and bodies.