Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

Medical Examination of Young Persons (Industry) Convention, 1946 (No. 77) - Bolivia (Plurinational State of) (Ratification: 1973)

The Committee notes the information provided by the Government and the attached legislation. It also notes the discussion in the Conference Committee in 2004. With reference to its previous comments, the Government wishes to draw attention to the following points:

1. The Committee notes with great interest the progress achieved by the Government, i.e. the recent adoption of certain regulations on work by young persons, namely the regulations issued under the Code on Boys, Girls and Young Persons by Supreme Decree No. 27443, of 8 April 2004; Decision No. 001 of 11 May 2004 issued by the Ministries of Labour and of Health and Sports; Joint Ministerial Decision No. 299/04 of 4 June 2004; and Ministerial Decision No. 301/04 of 7 June 2004 approving the report form for compliance with fundamental labour rights. The Committee also notes the Government Plan for the Progressive Elimination of Child Labour 2000-10.

2. Article 2, paragraph 1, of the Convention. Medical examination for fitness for employment. The Committee notes Decision No. 001 of 11 May 2004, issued by the Ministers of Labour and of Health and Sports (SEDES), section 1 of which provides that the Ministry of Health and Sports, through its ministries and municipal authorities, shall allocate the necessary and adequate medical personnel so that, in coordination with the Ministry of Labour, free medical examinations are carried out of the fitness for employment of working boys, girls and young persons in the industrial and agricultural sectors and for own account work, in urban and rural areas, in application of section 137(1)(b) of the Code on Boys, Girls and Young Persons of 1999. In this respect, the Committee notes section 137(1)(b) of the Code on Boys, Girls and Young Persons of 1999, under the terms of which young workers shall periodically undergo medical examination. Noting that the medical examinations envisaged under section 1 of Decision No. 001 of 11 May 2004 appear to refer solely to the periodical medical examinations of young persons to be carried out during employment, the Committee reminds the Government that, in accordance with Article 2, paragraph 1, of the Convention, no young persons under 18 years of age shall be admitted to employment unless they have been found to be fit for work by a thorough medical examination. Furthermore, the Committee notes the Government’s indication that the Ministry of Labour, with the technical assistance of the Bolivian Standardization and Quality Institute (IBNORCA), has formulated regulations under the General Occupational Safety, Health and Welfare Act on work by young persons in industry, commerce, mining and agriculture. These regulations are due to come into force shortly. The Committee therefore requests the Government to provide information on the progress achieved in this connection and, on the establishment of thorough medical examination before admission to employment.

3. Article 2, paragraphs 2 and 3. Medical examination to be carried out by a qualified physician approved by the competent authority and the document certifying fitness for employment. The Committee notes with satisfaction section 1 of Decision No. 001 of 11 May 2004, issued by the Ministers of Labour and of Health and Sports, and Ministerial Decision No. 301/04 of 7 June 2004, on the report form for compliance with fundamental labour rights, which give effect, respectively, to Article 2, paragraphs 2 and 3, of the Convention.

4. Article 5. Free medical examinations. The Committee also notes with satisfaction section 1 of Decision No. 001 of 11 May 2004, issued by the Ministers of Labour and of Health and Sports, which provides, inter alia, in accordance with the Convention, that medical examinations for fitness for employment of boys, girls and young workers shall not involve the young persons or their parents in any expense.

5. Finally, with regard to the frequency of the periodical medical examinations (Article 3, paragraphs 2 and 3), the medical examinations required until the age of 21 years in occupations which involve high health risks (Article 4) and the adoption of appropriate measures for the vocational guidance and physical and vocational rehabilitation of young persons found by medical examination to be unsuited to certain types of work or to have physical handicaps or limitations (Article 6), the Committee notes the Government’s indication that these subjects have not yet been covered. Nevertheless, the Government indicates that these and other matters envisaged by the Convention will be defined in the regulations on work by young persons issued under the General Occupational Health, Safety and Welfare Act. The Committee therefore hopes that these regulations will be adopted in the near future to give effect to these provisions of the Convention. It requests the Government to supply a copy of these regulations as soon as it is adopted.

6. Part V of the report form. Application in practice. The Committee notes that, due to economic constraints, there are certain shortcomings in the application of this Convention, particularly in the capitals of remote departments, such as Cobija and Trinidad, and in rural areas. Nevertheless, the Government is adopting measures, in accordance with the possibilities available to it, so that all young persons who work in the country will progressively be covered by the protection afforded by the Convention. The Committee notes the Government’s statement with interest and requests it to continue providing information on the progress achieved in the application of the Convention in practice in the country. Finally, the Committee requests the Government to provide, if such statistics are available, information concerning the number of children and young persons who are engaged in work and have undergone the periodical medical examinations envisaged in the Convention; extracts from the reports of the inspection services relating to any infringements reported and the penalties imposed; and any other information illustrating the application of the Convention in practice.

7. Work by young persons in agriculture. Even though the Convention does not cover agricultural work, the Committee notes with interest the draft Presidential Decree regulating the exercise of and compliance with rights and obligations arising out of agricultural employment. Section 28(IV) provides that, before being admitted to employment, young persons shall undergo a free medical examination of fitness for work, which shall be repeated periodically. This provision also requires employers to maintain at the disposal of labour inspectors the corresponding medical certificate of fitness for employment. The Committee considers that this provision reflects the principle set out in Articles 2, 3 and 7 of the Convention with regard to agricultural work. In this respect, the Committee notes that the draft Presidential Decree is currently in the process of being approved by the Economic Policy Analysis Unit (UDAPE), which is a Government technical body responsible for preparing a preliminary report on the relevance of the approval of any legal provision by the Cabinet of Ministers. The Committee asks the Government to include provisions in the above draft relating to the intervals at which medical examinations shall be carried out (Article 3, paragraph 2, of the Convention).