Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

Occupational Safety and Health Convention, 1981 (No. 155) - Venezuela (Bolivarian Republic of) (Ratification: 1984)

The Committee notes the comments made by the Central Workers' Union of Venezuela. It regrets that no communication has been received from the Government concerning the information provided by the CUTV.

1. Article 4, paragraph 1 of the Convention. In its previous comment, the Committee noted that the National Council on Prevention and Health and Safety at Work, provided for in section 8 of the Basic Act 1986 on prevention, working conditions and the working environment, had not yet been established. According to the information provided by the CUTV, there has still been no progress made in this regard. The Committee had observed that the main objective of this Convention was to promote a coherent, national policy to better respond to the difficulties encountered in the workplace in respect of safety and health. Under section 8 of the Basic Act, the basic purposes of the National Council on Prevention and Health and Safety at Work are to draw up a national policy in the fields of working conditions and the working environment in regard to prevention and to workers' health, safety and welfare and to see to the observance of all the standards contained in the Act and the regulations issued under it. Section 10 of the Act sets forth the broad powers of the National Council and absent the effective exercise of these powers, many of the provisions of the Convention would not be applied in practice. The Committee trusts that the Government will take the necessary steps to create the National Council provided for in the Basic Act so that the national occupational safety and health policy may be elaborated and in consultation with the most representative workers' and employers' organisations.

2. In its previous comments, the Committee requested the Government to indicate the manner in which, through the National Council, Article 5 (b) and (d), Article 7 and Article 11 of the Convention were implemented. The Committee hopes that the National Council will be established in the near future and that, when formulating the national occupational safety and health policy, it shall take account of the relationships between the material elements of work and the persons who carry out or supervise the work and the adaptation of machinery, equipment, working time, organisation of work and work processes to the physical and mental capacities of the workers (Article 5 (b)) and shall provide for: communication and co-operation at all levels (Article 5(d)); review of the situation regarding occupational safety and health at appropriate intervals (Article 7); and shall ensure that the functions elaborated in Article 11 of the Convention are carried out.

3. Article 8. In its previous comment, the Committee noted that no new regulations had been issued to give effect to the national occupational safety and health policy called for under Article 4 of the Convention. It emphasised that the creation of the National Council on Prevention and Health and Safety at Work and the development of a national occupational safety and health policy and measures for its implementation, as called for by section 8 of the Basic Act, would be necessary to fulfil the purpose in the Act to guarantee conditions of safety, health and welfare to workers in a working environment which is favourable to the exercise of their physical and mental facilities. The Government was requested to indicate the progress made towards creating the National Council and elaborating the regulations necessary for the implementation of the national occupational safety and health policy. As apparently no progress has been made, the Committee urges the Government to take the necessary measures to establish the National Council and thus ensure the elaboration of a national occupational safety and health policy and any measures necessary for its elaboration.

4. The Committee is raising a number of other points in a request addressed directly to the Government.

[The Government is requested to report in detail for the period ending 30 June 1992.]