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

Occupational Safety and Health Convention, 1981 (No. 155) - El Salvador (Ratification: 2000)

Article 4 of the Convention. Formulation, implementation and periodic review of national policy in consultation with the social partners. The Committee notes Agreement No. 93 of 2006 whereby the National Occupational Safety And Health (OSH) policy was adopted. It notes from the preamble that the Higher Labour Council is the tripartite body for social dialogue which, via the National Occupational Safety and Health Commission, is the forum for analysis, definition, consultation and promotion of policies, programmes, projects and actions in the field of occupational hazard prevention. However, it notes that this document does not show the mechanisms for the implementation and periodic review of this national policy. Also with reference to the 2009 General Survey on occupational safety and health, paragraphs 54–59, the Committee emphasizes that, under the terms of this Article, the State must, in consultation with the most representative employers’ and workers’ organizations, formulate, implement and periodically review a coherent national policy in this field. This implies a dynamic of implementation and periodic review in consultation with the social partners, with a view to ensuring an evaluation of its application in practice and determination of the spheres of action for achieving future improvements. The Committee requests the Government to provide information on the manner in which the national policy is reviewed and at what intervals, indicating the results of the evaluation of the areas of action for achieving future improvements.

Articles 4 and 8. Laws and regulations relating to the national policy. The Committee notes the adoption, by means of Legislative Decree No. 254 of 2010, of the General Act concerning occupational hazard prevention, published on 5 May 2010. It notes with interest that the preamble to the new Act expresses the Government’s will to give effect to the present Convention and that it provides for the formulation of programmes to manage occupational hazard prevention at the enterprise level and for the establishment of OSH committees that will participate in the formulation, implementation and evaluation of the policy and programme for the management of occupational hazards. However, it notes that the Act does not appear to give effect to certain articles of the Convention, such as Article 13, according to which any worker who has removed himself from a work situation which he has reasonable justification to believe presents an imminent and serious danger to his life or health shall be protected from undue consequences. The Government previously indicated that section 106 of the Labour Code identifies the activities that present an imminent and serious danger. However, Article 13 of the Convention does not refer to activities but to a work situation that may arise, without specifying a particular type of activity, and to the need to protect the worker from undue consequences, and this is not covered by section 106 of the Labour Code or by the new legislation. The Committee informs the Government that further clarification can be found in the 2009 General Survey, paragraphs 145–152. In view of the legislative changes that have occurred, particularly, the new Act and the national policy, the Committee considers it necessary to undertake a full analysis of the effect given to the Convention in law and in practice and requests the Government to send a detailed report according to the terms of the report form.

Article 14. Promoting the inclusion of questions of occupational safety and health and the working environment at all levels of education and training. The Committee notes with interest the activities undertaken by the Government to promote OSH matters. It notes the indication that the Ministry of Labour has concluded agreements with Matías Delgado University in El Salvador and the Polytechnic University of Madrid. It also notes the information relating to technical diploma courses given and persons trained, including 300 OSH technicians at the Ministry of Labour and in the private sector. Furthermore, coordination was increased with the Social Security Institute of El Salvador and with the Association of Agricultural Suppliers for the purpose of training, including in relation to the safe use and storage of pesticides. Work has been ongoing since February 2008 on the formulation of a “local strategic alliance”, which continues to pool efforts in the health, labour, environment and education sectors through the implementation of coordinated strategic lines of action, on the basis of the Plan of Action of the 4th Summit of the Americas in 2005. It also notes the different actions designed to reinforce labour inspection with support from the social partners and technical assistance from the Office in the context of the “civil service reinforcement project”. Another key task which has been assigned to the labour inspectorate is promotion, training, advice and guidance for workers and employers in the context of the new General Act concerning occupational hazard prevention. The Committee requests the Government to continue to supply information on the application of this Article of the Convention.

Part V of the report form. Application of the Convention in practice. The Committee notes the detailed information supplied by the Government including extracts from labour inspection reports and the number of workers covered, disaggregated by sex, including statistics on occupational accidents by branch of activity. The Committee notes that, for both men and women, the highest number of recorded accidents is in the manufacturing industry. The Committee requests the Government to specify in which manufacturing activities the highest number of accidents is recorded, and to continue to supply information on the application of the Convention in practice, including with regard to workers in agriculture.

Protocol of 2002 to the present Convention. The Committee notes with interest that the Government has ratified the Protocol of 2002 to the present Convention. The Committee requests the Government to send a detailed report on the application of the Protocol of 2002 in the terms indicated in the corresponding report form, together with the detailed report on the application of the present Convention.

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 Protocol of 2002, and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) (GB.307/10/2(Rev.)). Noting that the Government has already ratified two of the key instruments in the Plan of Action and that it is making intense efforts to give effect to them in law and in practice, 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 assistance to facilitate the application of the present Convention and its Protocol of 2002 and, if the Government so desires, to clarify the scope and additional aspects of Convention No. 187. The Committee requests the Government to supply information on any need for technical assistance that it may have in this respect.

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