Observation (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Articles 4, 8 and 15 of the Convention. National policy and legislation. Coherence and coordination between enforcement bodies. The Committee notes with satisfaction Ministry of Labour and Social Security Resolution No. 39 of 29 June 2007 issuing the General Bases for Occupational Safety and Health which provide that national bodies, organizations and entities shall use these in establishing plans and strategies for ongoing improvement in the occupational safety and health systems and in allocating human, material and financial resources therefore in their budgets. These bases apply to all workers and to students engaging in work for the purpose of their training. It contains provisions on the bodies that govern the Occupational Protection and Health System; coordination of the various bodies that are involved; the powers, functions and duties of heads of work units; the occupational safety and health system of work units; occupational safety and health committees; risk management and prevention programmes. Annex II of the Resolution sets forth mandatory basic technical measures to be universally applied. It also notes Ministry of Labour and Social Security Resolution No. 50 of 25 June 2008 issuing the methodology for working out the requirements for individual and collective protection equipment, budgetary needs and implementation monitoring. The Ministry of Labour and Social Security also adopted Resolution No. 51 of 25 June 2008 issuing the methodology for formulating the Organizational Regulation on Occupational Protection and Health, Occupational Safety Handbook, for work units, setting out the different levels of organization in enterprises and other forms of economic organization. The Committee notes that the legislation referred to is conducive to coherence and coordination between the bodies responsible for applying the Convention. It also notes that Resolution 19/03 of 8 September 2003 on the notification and registration of occupational accidents should pave the way to eventual ratification of the Protocol of 2002 to the present Convention, which supplements the Convention by regulating registration and notification. The Committee takes this opportunity to point out that in March 2010 the Governing Body adopted the Plan of Action (2010–16) to achieve widespread ratification and effective implementation of the occupational safety and health instruments (Convention No. 155, its 2002 Protocol, and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)); and that these three instruments are the fundamental occupational safety and health instruments. In view of the fact that Cuba has ratified the present Convention and Convention No. 187, the Committee draws the Government’s attention to the fact that the Plan of Action envisages a number of arrangements for technical assistance, and invites the Government, should it envisage the possibility of ratifying the 2002 Protocol, to communicate any needs for assistance that might arise.

Part V of the report form. Practical application. The Committee notes that the legislation covers 5,072,400 workers, of whom 1,934,100 are women, and 3,138,300 are men. It also notes that, in 2009, 10,974 inspections were carried out, 29,869 infringements were reported and 25,253 orders were issued to remedy the infringements and that, in 2008, 6,028 workers were injured in occupational accidents, 79 of which were fatal, whereas in 2009 5,397 workers were injured in occupational accidents, 88 of which were fatal. Noting that in 2009 there were fewer occupational injuries than in 2008, but more of them proved fatal, and that this is borne out by the mortality rate provided by the Government (13.1 per cent in 2008 and 16.3 per cent in 2009), the Committee asks the Government in its next report to indicate the possible reasons for this difference and to provide relevant statistics for the reporting period. It would also be grateful if the Government would provide a breakdown of accidents by sector of activity.