Observation (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

The Committee notes the information provided by the Government in reply to the previous comments relating to the application of Article 17 of the Convention.

1. Article 4, paragraph 1, of the Convention (measures for the implementation and review of a national policy on occupational safety and health). The Committee notes the detailed information on the general and specific legal provisions governing conditions of work and occupational safety and health in any workplace. It notes the numerous industrial standards formulated by the Venezuelan Industrial Standards Commission (COVENIN), the application of which is compulsory in certain cases, and the activities to improve their application in practice. The Committee observes that these activities, and the legal provisions referred to in the Government’s report, are of a preventive nature and are intended to avoid and reduce risks through vigilance and control of the working environment in workplaces.

The Committee notes the supervisory institutions enumerated in the Government’s report, the objective of which is to establish follow-up and control mechanisms in the event of occupational accidents and diseases in compliance with its preventive mission. The Committee also notes the measures adopted, through the inspection activities carried out in various workplaces, the objective of which is to minimize accidents and dangers to the health of workers. The Committee requests the Government to provide examples of such programmes.

The Committee notes that, in accordance with section 8 of the Organic Act respecting prevention, working conditions and environment (LOPSYMAT) of 1986, the National Council of Occupational Prevention, Health and Safety has the fundamental objective of formulating a national policy in the fields of working conditions and environment relating to prevention, health, safety and well-being of workers. The Committee requests the Government to provide additional information on the activities of this Council and the progress achieved in formulating, implementing and periodically reviewing a coherent national policy on occupational safety, occupational health and the working environment.

2. Article 5 (fields covered by a national policy). The Committee notes that occupational safety and health committees which, in accordance with section 35 of the Organic Act (LOPSYMAT), are established in all industrial or agricultural enterprises, concerns or establishments, are composed of representatives of workers and employers, as well as occupational safety technicians. The Committee recalls that, in accordance with clause (d) of this Article of the Convention, communication and cooperation at the levels of the working group and the enterprise and up to and including the national level is one of the main spheres of action to be taken into account in the formulation of the coherent national policy on occupational safety, occupational health and the working environment. The Committee requests the Government to provide information on the manner in which in practice communication and cooperation are achieved at the level of the working group and other appropriate levels, taking into account that at the national level they can be undertaken in the National Council of Prevention and Occupational Safety and Health.

The Committee also requests the Government to indicate the manner in which relationships between the material elements of work and the persons who carry out or supervise the work, and adaptation of machinery, equipment, working time, organization of work and work processes to the physical and mental capacities of the workers are taken into account when formulating the coherent national policy on occupational safety, occupational health and the working environment (clause (b) of this Article).

3. Article 8 (laws and regulations). The Committee notes the Government’s indication that many proposals have been made for regulations under the Organic Act respecting prevention, working conditions and environment (LOPSYMAT) with the support and participation of employers, workers, the Government and universities. Nevertheless, the commission responsible for the formulation of the draft regulations has decided to suspend the activities undertaken for this purpose due to the fact that the Organic Act is also to be amended. The Committee hopes that the Government will provide information on the progress achieved in this respect.

4. Article 11 (simultaneous exposure to several substances or agents (b) and annual publication of information (e)). With reference to the previous comments, the Government indicates that labour supervision units, through their activities in the fields of inspection, the promotion of prevention and advice, adopt supervisory measures and provide guidance so that employers determine the health risks for workers based on the existing legal basis. The policy that has been implemented is reflected in the fact that the supervisory units are in a position, through the supervision of workplaces, to detect risks that exist in the working environment, so as to ensure that the risk of workers suffering an occupational accident or disease is diminished. All the details are contained in the monthly reports, which act as a database for national statistics and, in accordance with section 565 of the Organic Labour Act, within four days the employer has to notify the labour inspectorate of the data relating to the person suffering the accident, the establishment and the accident itself.

The Committee notes this information. It requests the Government to provide information on the manner in which health hazards due to the simultaneous exposure to several substances or agents shall be taken into consideration (clause (b) of this Article) and the manner in which the competent authority ensures the annual publication of information on measures taken in pursuance of the national policy on occupational safety, occupational health and the working environment (clause (e) of this Article).

5. Article 12(b) and (c) (information concerning the correct installation and use of machinery and equipment). The Committee notes the list of publications of the Venezuelan Industrial Standards Commission (COVENIN) regulating equipment and the handling of hazardous substances. It also notes the Government’s indication that producers of machinery currently issue standards to ensure that the machinery and equipment used at the workplace offer the highest level of safety and protection possible. The Committee requests the Government to provide examples of such standards.