Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Occupational Safety and Health Convention, 1981 (No. 155) - Uruguay (Ratification: 1988)

The Committee notes with satisfaction the adoption of Decree No. 291/2007 of 13 August 2007 issuing regulations to Act No. 15965 of 28 June 1988 adopting this Convention, and Decree No. 307/009 of 3 July 2009 laying down compulsory minimum standards for the protection of safety and health of workers against hazards arising out of chemical agents, which gives effect in law to Articles 5, 11, 19 and 21 of the Convention, referred to by the Committee in its previous comments. Noting that Decree No. 307/009 facilitates application of the Chemicals Convention, 1990 (No. 170), the Committee invites the Government to consider the possibility of ratifying the latter, and to provide information in this regard.

Articles 1 and 2 of the Convention. Scope. The Committee welcomes the fact that section 1 of Decree No. 291/007 lays down compulsory minimum provisions for managing prevention of and protection against hazards that arise or may arise out of any activity, be it commercial, industrial, rural or a service, whether or not carried out for profit and whether in the public or the private sphere.

Article 4. Formulation, implementation and periodical review of a coherent national policy. Sectoral tripartite committees. The Committee notes that section 12 of Decree No. 291/2007 establishes that for the purpose of applying the Convention, in every sector or branch of activity a sectoral tripartite committee shall be established for the formulation, implementation, and periodical assessment of a national policy on occupational safety and health and the working environment and of the means by which it is applied. The sectoral tripartite committees shall be composed of the Ministry of Labour and Social Security through the General Labour Inspectorate, which shall chair it, and representatives of employers and workers. While taking note of this important step towards the formulation of a national policy, the Committee notes that the law does not provide for mechanisms and bodies with which the tripartite committees are to work in order to formulate, implement and periodically review a coherent national policy. The Committee notes that according to section 16 of Decree No. 291/2007, the sectoral tripartite committees have recourse to the National Council on Occupational Safety and Health; however it appears that this in itself is not sufficient to ensure that the sectoral tripartite committees cooperate in the formulation, implementation and periodical review of a comprehensive national policy as provided for by this Article of the Convention. The Committee refers the Government to paragraphs 54–63 of its General Survey of 2009 on the Convention. The Committee requests the Government: (1) to provide information on sectoral tripartite committees that have been set up and on their operation in practice; (2) to specify the existing bodies and mechanisms that allow these sectoral tripartite committees to coordinate their work in order to formulate, implement and periodically review a coherent national policy on occupational safety and occupational health and the working environment, as required by the Convention; and (3) to supply information on the process for formulating, implementing and reviewing the national policy, together with relevant documentation.

Article 20. Cooperation between management and workers at enterprise level. The Committee notes that section 5 of Decree No. 291/2007 establishes that in every enterprise, a body shall be set up for cooperation between employers and workers, and that whatever the form of cooperation agreed on, the body shall gear its work to planning prevention, promotion of ergonomic systems, evaluation of new hazards, promotion and cooperation for training, keeping a register of incidents, defects, occupational accidents and diseases, study and analysis of statistics and promotion of cooperation in occupational health, occupational safety and the working environment. The Committee requests the Government to provide information on the application of this provision in practice. It also asks the Government to specify how the provision is applied in small and medium-sized enterprises.

Article 7. Periodical reviews. Article 11, paragraph (d). Inquiries into occupational accidents. Article 11, paragraph (e). Annual publication of reports. Article 13. Protection of workers from undue consequences. Article 17. Two or more undertakings engaged in activities simultaneously at one workplace. Article 18. Measures to deal with emergencies. The Committee notes that the Government has not provided any information in response to the issues raised in its previous direct request, but that many of these issues have been resolved by Decree No. 291/2007. The Committee nonetheless observes that this Decree, which forms the basis of the law on occupational safety and health since it regulates the application of the Convention for all branches of activity, does not seem to give full effect of the provisions referred to in the first part of this paragraph. The Committee accordingly once again asks the Government to indicate measures taken to give effect to Articles 7, 11(d) and (e), 13, 17 and 18, of the Convention.

Part V of the report form. Application in practice. The Committee requests the Government to provide general information on the manner in which the Convention is applied in practice including, for example, extracts of labour inspection reports and statistics of the number of workers covered by the legislation, the number and nature of contraventions reported, the number, nature and causes of accidents notified, etc.

Action taken on the recommendation set out in the report on a representation (document GB.270/15/6). The Committee notes that the Government has not sent the information requested by the Committee in its previous comments on the follow-up to the recommendations set forth in the Governing Body’s report of November 1997 (GB.270/15/6), regarding a representation by the Latin American Central of Workers (CLAT). The Committee requests the Government to provide information on any actions taken on the recommendations set out in paragraph 32 of the report on the abovementioned representation, specifying the points of the recommendations which it deems that it has complied with and the manner in which it has done so, and the points that have yet to be complied with and the measures envisaged to secure compliance.

Action taken on recommendations set out in the report on a representation (document GB.292/16/6). The Committee notes that in March 2005, the Governing Body adopted a report on a representation made under article 24 of the ILO Constitution by the Inter-Union Assembly of Workers – Workers’ National Convention (PIT–CNT) alleging non-observance by Uruguay of the Convention (document GB.292/16/6). The gist of the PIT–CNT’s representation was that no measures were taken to develop and implement the mechanisms provided for in the Convention. The Committee reminds the Government that in paragraph 41(b) of its report, the Governing Body urged the Government of Uruguay:

(i)    to continue to strengthen occupational safety and health legislation and to regulate those areas where vacuums exist;

(ii)   to ensure compliance with current occupational safety and health legislation at both national and enterprise level;

(iii)  to examine periodically the situation as regards the safety and health of workers in both the public and the private sectors, in order to identify problems which exist and take effective measures to resolve them;

(iv)   to provide information on the health and safety problems which, according to the PIT–CNT, have arisen as a result of the reform of the state enterprises;

(v)    to continue to strengthen the inspection system at both national and enterprise level and increase, if appropriate, the number of labour inspectors, and to improve the imposition of the relevant sanctions;

(vi)   to provide official information both on occupational risks and accidents and on investigations carried out in this area, and to state whether the body responsible for publishing the relevant statistical information has failed to do so since 1997;

(vii)  to continue to increase training and qualification activities, especially at the enterprise level; and

(viii) to continue to facilitate and to promote cooperation between employers and workers or their representatives at the enterprise level.

In (c) of the same paragraph, the Governing Body requested the Government to include in the reports it submits on the application of Convention No. 155, information on the application of any measures adopted in order to achieve effective compliance with the recommendations made, so that the Committee of Experts can examine progress in these matters. The Committee notes that the Government has not provided information in this regard. It notes, however, that Decree No. 291/2007 facilitates the application of some of the recommendations set out in the Governing Body’s report and paves the way for progress to be made in the formulation of the national policy at sector level and in the action taken at enterprise level. The Committee requests the Government to provide detailed information on the action taken, both in law and in practice, on the recommendations set forth in document GB.292/16/6.

[The Government is asked to reply in detail to the present comments in 2011.]