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

Benzene Convention, 1971 (No. 136) - Bolivia (Plurinational State of) (Ratification: 1977)

Situation in occupational safety and health (OSH). The Committee notes that the Government’s report does not reply to most of the matters raised by the Committee in its observation of 2009. The Committee notes that the Government refers to general problems in OSH. The Government indicates that the 1979 Occupational Safety and Health Act is currently in force but despite the period it has been in force it has not been implemented effectively since occupational safety has still not been incorporated into management criteria. In addition, employers and workers still consider that the introduction of systems for prevention and improvement would constitute expenditure, not investment, enabling improvements in production and efficiency and reductions in social costs. In light of this situation, and on the basis of the new Constitution, the State has focused its efforts on establishing bodies to promote advances in this field and on adopting legislation. On 18 November 2008, the Government established the National Council for Occupational Safety, Health and Welfare, under the supervision of the Director-General of Labour and Industrial Safety at the Ministry of Labour. The Council is a tripartite body whose main function is to formulate policy in this field as well as advising the State authorities. In addition, the Ministry of Labour, Employment and Social Welfare promoted the drawing up of draft legislation in OSH, within the framework of the new Constitution. The Committee notes the Government’s indication that the draft legislation seeks to lay down guidelines for immediate action for the handling and use of benzene and the adoption of necessary protection measures. The Committee notes the efforts made by the Government in setting up the abovementioned body and the drawing up of the draft legislation. With regard to the National Council for Occupational Safety, Health and Welfare, the Committee requests the Government to supply information on the activities undertaken by this body with respect to the application of this Convention. With regard to the draft legislation, the Committee requests the Government to ensure that the legislation gives effect to this Convention and to the other OSH Conventions which it has ratified, to take account of the Committee’s comments on the application of these Conventions, and to supply information on any developments in this respect, and recalls that the Government may seek technical assistance from the Office if necessary. The Committee requests the Government to provide a general description of the manner in which it ensures that the Convention is applied and to respond to the comments made by the Committee in 2009 and provide detailed information in this respect.

Plan of Action (2010–16). The Committee wishes to take this opportunity to inform the Government that in March 2010 the ILO Governing Body adopted a Plan of Action to achieve widespread ratification and effective implementation of the key instruments in OSH, namely: the Occupational Safety and Health Convention, 1981 (No. 155), its 2002 Protocol, and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) (GB.307/10/2(Rev.)). Noting the Government’s willingness to adopt a global approach to OSH in consultation with the social partners and the fact that the Government has not ratified the three key instruments indicated in this paragraph, the Committee wishes to draw the Government’s attention to the fact that these instruments could make an effective contribution towards establishing an appropriate and coherent tripartite framework for the management of OSH, which would also facilitate the application of the ratified Conventions. The Committee wishes to draw the Government’s attention to the fact that, under the terms of the Plan, the Office is available to provide the necessary technical cooperation and assistance to facilitate the application of the ratified Conventions and the ratification of Convention No. 155, its Protocol and Convention No. 187. The Committee requests the Government to supply information on any need for technical assistance and cooperation that it may have in this respect.

Part IV of the report form. Application in practice. The Committee requests the Government to provide a general description of the manner in which the Convention is applied in practice, including documents and material by way of illustration.

[The Government is asked to reply in detail to the present comments in 2013.]