Observación (CEACR) - Adopción: 1996, Publicación: 85ª reunión CIT (1997)

The Committee notes that the Governing Body, at its 267th Session (November 1996), adopted the report of the committee set up to examine the representation presented under article 24 of the Constitution by the Inter-Union Assembly of Workers-National Convention of Workers (PIT-CNT) and its affiliate, the National Single Trade Union in Construction and Similar Activities (SUNCA), alleging non-observance by Uruguay of the Safety Provisions (Building) Convention, 1937 (No. 62), the Labour Inspection Convention, 1947 (No. 81), the Labour Administration Convention, 1978 (No. 150) and the Occupational Safety and Health Convention, 1981 (No. 155) and the Occupational Health Services Convention, 1985 (No. 161).

In their representation, the complainant organizations claimed that private enterprises in the construction sector, which employs the largest proportion of manpower in the country, were reducing to a minimum their prevention costs relating to safety and health. The result, according to the complainants, was a major renewed outbreak of infringements of the current legislation on safety and health. The organizations concluded that this situation had arisen because of the non-existence of an efficient labour administration, capable of assuming its responsibilities in the fields of industrial accidents and occupational diseases, in particular concerning employers' respect for legislative provisions. They also considered that the labour inspection service did not have sufficient human and material resources necessary to carry out its tasks.

The conclusions of the report show that, while it is a fact that the national legislation gives effect to the Conventions, and that the Government had made efforts to improve the system of inspection and accident prevention in the construction sector, the high number of industrial accidents in this sector including a number of mortal accidents, following non-observance of the national legislation, leads to the conclusion that, in practice, the application of Convention Nos. 62, 81, 150 and 155 is not ensured. In accordance with the recommendations in the report, the Government is asked to take the measures necessary to: guarantee that the legislation on occupational safety and health in the construction sector is applied to all the workers employed in this sector; ensure observance of the standards in force regarding safety and health by all the enterprises in the sector, with particular attention being given to subcontractors; check that temporary workers receive the training necessary for them to carry out their tasks; strengthen the labour inspection system and the other administration bodies responsible for verifying observance of the safety and health standards; and guarantee that all complaints received are systematically and diligently investigated and followed up by the penalties set out in the national legislation when infringements of the safety standards are detected.

The Committee asks the Government to supply information on the measures taken to give effect to the recommendations so as to ensure the application of the Convention.