Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Medical Examination of Young Persons (Industry) Convention, 1946 (No. 77) - Cuba (Ratification: 1954)

Article 2(4) of the Convention. Competent authority for issuing health certificates and conditions of issue. Further to its previous comments, the Committee notes that section 157 of Decree No. 139 of 4 February 1988 implementing Public Health Act No. 41–83 of 1983 states that the Ministry of Public Health is responsible for adopting arrangements, schedules and specific procedures for medical examinations. The Committee also notes the Government’s indication that Decision No. 39 of 29 June 2007 on occupational safety and health provides that the labour administration shall require every worker to be examined by a doctor registered in the national health system before starting work (preventive medical examination), according to the procedure laid down by law, which certifies in writing, in accordance with the procedure established by the Ministry of Public Health, whether the worker is physically and mentally fit for work.

Article 3(2). Annual repetition of medical examination. Further to its previous comments, the Committee notes the Government’s indication that section 29(2) of Legislative Decree No. 246 of 29 May 2007 concerning infringements of labour legislation, occupational safety and health and social security, imposes penalties for allowing employees to perform work requiring a prior or periodic medical examination when no such examination has been conducted. However, the Committee notes that the legislation does not appear to state explicitly that the continued employment of a child or young person shall be subject to the repetition of medical examinations at intervals of not more than one year, in accordance with Article 3(2) of the Convention. The Committee therefore once again requests the Government to supply information on the steps taken or envisaged to require the repetition of medical examinations at intervals of not more than one year.

Part V of the report form. Application of the Convention in practice. Further to its previous comments, the Committee notes the Government’s indication that the annual report of the labour inspectorate does not refer to any infringements of the application of the Convention. However, the Committee observes that the Government’s report does not contain any information on the number of children and young persons who have undergone medical examinations. The Committee therefore once again requests the Government to supply statistics on the number of working young persons who have undergone the medical examinations provided for in the Convention. It also requests the Government to provide a copy of the annual report of the labour inspectorate.