Occupational Safety and Health Convention, 1981 (No. 155) - Cuba (RATIFICATION: 1982)

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Previous comments: C.148, C.155 and C.187

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos. 13 (white lead), 45 (underground work (women)), 120 (hygiene (commerce and offices), 136 (benzene), 148 (air pollution, noise and vibration), 155 (OSH) and 187 (promotional framework for OSH) together.

Application in practice of Conventions Nos 13, 120, 136, 148, 155 and 187. The Committee requests the Government to provide information on the application in practice of the ratified OSH Conventions, including the number, nature and cause of occupational accidents and diseases reported, as well as information on the inspection activities carried out, including the number of investigations and inspections conducted and the number of violations detected, corrective measures applied and the penalties imposed.

General provisions

Occupational Safety and Health Convention, 1981 (No. 155) and Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)

• Measures at the national level

Article 2(3) of Convention No. 187. Measures that could be taken to ratify relevant OSH Conventions. In relation to it previous comments, the Committee notes the Government’s indication that there are plans to consider the ratification of the Protocol of 2002 to the Occupational Safety and Health Convention, 1981, the Occupational Health Services Convention, 1985 (No. 161) and the Safety and Health in Mines Convention, 1995 (No. 176). The Committee requests the Government to continue to provide information on the measures that could be taken to ratify relevant OSH Conventions, including the Protocol of 2002 and Conventions Nos 161 and 176. It also requests the Government to provide information on the consultations held in this respect with the most representative employers’ and workers’ organizations.

Article 4(3)(a) of Convention No. 187. National system. Tripartite advisory body. In relation to it previous comments, the Committee notes the Government’s information that the country has a mechanism composed of governmental bodies responsible for OSH (Ministry of Labour and Social Security, Ministry of Public Health, Ministry of the Interior and Science, Technology and the Environment), the Central Organization of Workers of Cuba and the National Organization of Cuban Employers. The Committee requests the Government to provide information on the OSH issues addressed within the framework of the above-mentioned national tripartite mechanism, as well as the frequency of the meetings held.

Article 4(3)(h) of Convention No. 187. Micro, small and medium-sized enterprises. In response to its previous comments, the Committee notes the Government’s information that: (i) Legislative Decree No. 44 of 2021 on the exercise of own-account work establishes the obligation of own-account workers to comply with OSH standards (section 26(g)); (ii) Legislative Decree No. 45 of 2021 on personal penalties in the exercise of own-account work provides for penalties for violations of OSH-related labour law (section 11.1(c)); and (iii) under section 9 of Legislative Decree No. 46 of 2021 on micro, small and medium-sized enterprises, and section 74(d) of the 2013 Labour Code, OSH conditions are guaranteed in micro, small and medium-sized enterprises.

The Government also reports that the National Programme for strengthening OSH 2021–25 covers all economic actors, including micro, small and medium-sized enterprises, and aims to improve working conditions and reduce work-related deaths. The Committee requests the Government to continue to provide information on the measures adopted within the framework of the above National Programme, including the number and content of the training sessions delivered to micro, small and medium-sized enterprises, and their impact on the reduction of occupational accidents and diseases.

Article 5 of Convention No. 187. National programme. In relation to its previous comments, the Committee notes the Government’s information that the National Programme for strengthening OSH 2021–25: (i) was drawn up following consultation with the governmental bodies that govern the branches and activities, and the higher-level top management organizations; and (ii) takes into account the OSH problems identified, the new forms of work organization, as well as the Third Ibero-American OSH Strategy adapted to the Cuban context, which covers effective and safe work procedures and processes, and the improvement of working conditions in workplaces.

The Government also reports that from an evaluation based on accident indicators, such as incidence, frequency, severity and mortality rates, a reduction in occupational injuries and accidents can be noted due to the implementation of appropriate measures in workplaces; and as from 2023, the adherence to planning and the effectiveness of measures to address occupational risks will be measured by means of a digital tool. The Committee requests the Government to provide information on the evaluation carried out of the National Programme for 2021–25, including its eight strategic action lines, in consultation with the most representative workers’ and employers’ organizations, and on how this evaluation contributes to the development of the national programme for the next period. It also requests the Government to provide information on the measures adopted to ensure the development, implementation and monitoring of the new national programme for the next period in consultation with the most representative workers’ and employers’ organizations. It also requests the Government to provide information on the measures taken to ensure that the national programme is widely publicized and, to the extent possible, endorsed and launched by the highest national authorities, in accordance with Article 5(3) of the Convention.

• Measures at the enterprise level

Article 17 of Convention No. 155. Collaboration between enterprises engaged in activities simultaneously at one workplace. In relation with its previous comments in which the Committee noted that the Regulations of the 2014 Labour Code only prescribe OSH-related collaboration between two employers at one workplace with respect to investigation into occupational accidents, the Committee notes the Government’s indication that: (i) there are no limitations to collaboration engaged in activities simultaneously at one workplace; and (ii) an example of such collaboration is that between the Ministry of Energy and Mines and the Ministry of Communication for electrical plant works. The Committee requests the Government to continue to provide information on the measures taken in practice to ensure that, whenever two or more undertakings engage in activities simultaneously at one workplace, they shall collaborate in OSH-related issues, in accordance with Article 17 of the Convention, including the measures taken in this regard in the joint work of the Ministry of Energy and Mines and the Ministry of Communication.

Protection against specific risks

Benzene Convention, 1971 (No. 136)

Legislation. The Committee notes the adoption of Decision No. 253 of 2021, establishing the Regulations for the handling of hazardous chemicals for industrial use, population consumption and hazardous waste. It notes that according to Annex I of the above-mentioned Decision, the use, production, import and export of certain chemicals containing benzene are prohibited. The Committee notes this information.

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Legislation. In response to its previous comments, the Committee notes the Government’s indications relating to the legal provisions that give effect to Articles 4, 5, 8, 13 and 16 of the Convention. In this regard, it notes that the Labour Code establishes the obligation of employers to instruct workers on occupational hazards and procedures for carrying out their work in a safe and healthy manner (section 135), as well as the enforcement labour legislation and implementation of measures set out by the labour inspectorate (sections 190, 191,192 and 193). It also notes that the Regulations of the Labour Code, Decree No. 326 of 2014, set out the preventive actions to be incorporated into an annual OSH programme approved by the manager of the undertaking with the agreement of the trade union organization (section 152); the collaboration between employers and workers to determine the jobs that, because of the hazards they pose, require periodic instruction, and the frequency with which these should be given (sections 153 and 154 in fine); and the infringements of fundamental rights relating to OSH (section 228(a) and (f)).

With regard to the application of Article 8 of the Convention, the Committee notes that Cuban Standard No. 871 of 2011 sets out the criteria for defining the risks of exposure to noise pollution (sections 3.5, 3.19 and 3.20), as well as the exposure limits (sections 3.1, 4.1, 4.5 and 4.6). The Committee requests the Government to provide information on the measures taken to give effect to Articles 11(2), 12 and 15, as well as Articles 8(1), (2) and (3) and 9(a) and (b) of the Convention relating to air pollution and vibration. With regard to Article 6(2) of the Convention, the Committee refers to its previous comments on Article 17 of Convention No. 155.

Protection in specific branches of activity

Underground Work (Women) Convention, 1935 (No. 45)

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism Tripartite Working Group, classified this Convention as an outdated instrument, and placed an item on the agenda of the 112th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also requested the Office to take follow-up action to actively encourage the ratification of up-to-date instruments relating to OSH, including, but not limited to, the Safety and Health in Mines Convention, 1995 (No. 176), and to undertake a campaign to promote the ratification of Convention No. 176. The Committee therefore encourages the Government to give effect to the decision of the Governing Body at its 334th Session (October–November 2018) approving the recommendations of the Standards Review Mechanism Tripartite Working Group and to consider the possibility of ratifying the most up-to-date instruments in this subject area.

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Previous comment

The Committee notes the observations on the application of Convention No. 155 presented by the Independent Trade Union Association of Cuba (ASIC) received in 2022, as well as the Government’s response to those observations.

Articles 7, 9, 11(d) and 19(e) of the Convention. Holding of inquiries where cases of occupational accidents appear to reflect serious situations. Enquiries by workers and their representatives, and their consultation on all aspects of OSH. The Committee notes that, in its observations, ASIC alleges that: (i) OSH conditions at the Saratoga Hotel, including deteriorating infrastructure, resulted in an explosion that caused the deaths of a significant number of workers on 6 May 2022; (ii) the hotel managers avoided taking responsibility for the accident; and (iii) consultations were not held with the workers concerning OSH.

The Committee notes with concern the Government’s indication that the accident resulted in the deaths of 32 hotel workers, as well as 16 passers-by and neighbours. The Committee also notes that the Government, in its reply to ASIC’s observations, indicates that: (i) in accordance with section 192 of the Labour Code, Act No. 116 of 2013, the National Labour Inspection Office began investigating the accident just hours after it occurred; (ii) during the investigation, infringements of the current legislation were detected and the responsibility of the undertakings was established; (iii) in the accident investigation report, the National Labour Inspection Office delivered instructions to re-establish compliance with the legal provisions that had been breached and required that the appropriate persons were held accountable; (iv) those responsible provided the National Labour Inspection Office with the plan of measures to remedy the infringements detected; and (v) the facts related to the accident are being investigated by the competent authorities, and the outcome of this police investigation will lead to the adoption of the appropriate procedural decisions. The Committee firmly hopes that the investigation into the accident that occurred more than one year ago will be concluded shortly and that this will make it possible to determine accountability and impose appropriate penalties. The Committee requests the Government to provide information in this respect. It also requests the Government to study the possibility of setting up a dialogue body with workers or their representatives in order to examine the necessary measures to be taken relating to OSH conditions, including in the hotel industry.

The Committee is raising other matters in a request addressed directly to the Government.

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In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 155 (occupational safety and health and the working environment) and 187 (promotional framework for OSH) together.

The Committee notes the observations of the Independent Trade Union Coalition of Cuba (CSIC) regarding the lack of consultation on the application of Convention No. 155 and the unreliability of the OSH statistics, and the Government’s reply in this respect.

The Committee notes that the Labour Code, issued by Act No. 116 of 20 December 2013, and the Regulations of the Labour Code, issued by Decree No. 326 of 12 June 2014, give effect to the majority of the provisions of the Conventions. The Committee also notes that the abovementioned texts repeal several legislative texts which it had previously examined within the framework of the supervision of these Conventions, including Act No. 13 of 29 December 1977 on protection and hygiene at work and Ministry of Labour and Social Security resolutions No. 39 of 2007 and Nos 50 and 51 of 2008. Lastly, the Committee notes the Government’s indication in its reports that it has taken into account, in the adoption of the abovementioned texts, the principles set out in the ILO instruments relevant to the promotional framework for OSH, in accordance with Article 2(2) of Convention No. 187.

Article 2(3) of Convention No. 187. The Committee requests the Government to provide information on the obligation to periodically consider the measures that could be taken to ratify relevant ILO Conventions on occupational safety and health, and on the outcome of the consultations held in this respect with the most representative employers’ and workers’ organizations.

National policy

Article 4(1) of Convention No. 155; Article 3(3) of Convention No. 187. The Committee notes that sections 126–144 of the Labour Code form the basis of the national policy on OSH, and sections 148–155 of the Regulations of the Labour Code supplement these provisions with more specific standards on the investigation, recording and notification of occupational accidents and incidents; the obligations and rights of the parties; and occupational safety and health regulations.

National system

Article 4(3)(a) and (b) of Convention No. 187. The Committee requests the Government to provide information on the measures adopted or envisaged for: (a) the establishment and operation of a national tripartite advisory body, or bodies, addressing occupational safety and health issues; and (b) the provision of information and advisory services on OSH.

Article 4(3)(d) of Convention No. 187. Occupational health services. The Committee notes the Government’s indication that the national health system has a Workers Health Institute which specializes in medical issues related to OSH.

Article 4(3)(h) of Convention No. 187. Micro-enterprises, small and medium sized enterprises and the informal economy. The Committee notes the Government’s indication that there is no informal economy in the country. The Committee requests the Government to provide information on the existing or envisaged support mechanisms for the progressive improvement of OSH in micro-enterprises and small and medium-sized enterprises.

National programme

Article 5 of Convention No. 187. The Committee recalls the importance of ensuring the implementation of national OSH programmes, their monitoring and subsequent review in consultation with the social partners, and of evaluating their results and using a methodology based on clear targets and indicators of progress (see the 2017 General Survey on certain occupational safety and health instruments, paragraphs 147–153). In this regard, the Committee requests the Government to provide information on the outcomes of implementing the indicators for the evaluation of the national OSH programme, and its new objectives, targets and indicators of progress.

Article 17 of Convention No. 155. Collaboration between two or more employers which engage in activities simultaneously at one workplace. The Committee notes that section 149 of the Regulations of the Labour Code limits collaboration between employers to the investigation of occupational accidents, while Article 17 requires collaboration between employers in the application of all the measures set out in the Convention. The Committee requests the Government to take the necessary measures, without delay, to give effect in law and practice to the provisions of Article 17.

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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.

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1. The Committee notes the information provided in the Government’s last report. In this respect, it wishes to draw the Government’s attention to the following matters.

2. Articles 4 and 8. Laws and regulations respecting the national policy. The Committee notes with interest the adoption of several resolutions respecting occupational safety and health, namely: resolution No. 31 of 31 July 2002, which contains in annex the general practical procedures for the identification, evaluation and control of risk factors at work; resolution No. 19/03 of 8 September 2003, for the recording of employment accidents; and resolution No. 32/2001 of 1 October 2001, establishing the centre for the registration and approval of personal protective equipment. The Committee also notes the establishment of the National Occupational Safety and Health Group, which is responsible for the application in practice of the above resolutions. It requests the Government to keep it informed of any developments in this respect.

3. Part V of the report form. The Committee requests the Government to provide extracts from labour inspection reports and, where such statistics exist, information on the number of workers covered by the legislation, disaggregated by sex if possible, the number and nature of the contraventions reported, and the number, nature and cause of the accidents reported.