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

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

Referring to its observation, the Committee requests additional information on the following questions.

Article 7 of the Convention. Periodic reviews. The Committee refers to the information on the activities of the various sectoral tripartite committees which it noted in its observation and which give effect in practice to this provision of the Convention. The Committee requests the Government to continue to supply information on any periodic review undertaken in the context of the sectoral tripartite committees or the National Council on Occupational Safety and Health.

Article 11(d). Inquiries in the event of accidents. Article 11(e). Publication of annual reports. The Committee notes that effect is given to Article 11(d) in the current legal framework. As regards Article 11(e), the Committee notes the information indicated by the Government concerning efforts to implement the collection of statistics at national level, as referred to in its observation. The Committee requests the Government to continue to supply information on the progress made in this respect.

Articles 13 and 19(f). Protection for workers who remove themselves from work situations involving an imminent and serious danger. The Committee notes the Government’s indication that consideration will be given in future to draft legislation to provide protection for workers who are active in occupational safety and health of a similar nature to the protection provided for trade union officials. The Committee points out to the Government that its statement refers to Article 5(e) of the Convention and not to Articles 13 and 19(f). In fact, as the Committee already indicated in paragraph 73 of its General Survey concerning the application of the Convention, Article 5(e) of the Convention refers to the protection of workers and their representatives against any disciplinary measure resulting from justifiable action taken by them in line with national policy, as referred to by Article 4. This provision relates in turn to the more specific protection laid down in Article 13 and Article 19(f) of the Convention referring to protection, albeit more specific, connected to actions responding to a serious and imminent danger. The Committee also recalls that, under Article 13, in line with national law and practice, 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. Article 19(f) complements this Article. The Committee refers the Government to paragraph 145 et seq. of the General Survey. The Committee therefore requests the Government to take the necessary measures to give effect to this Article of the Convention, to ensure its application in practice and to supply information on this matter. The Committee also requests the Government to supply information on the effect given to Article 5(e) of the Convention.

Article 17. Obligation of collaboration whenever two or more undertakings engage in activities simultaneously at one workplace. The Committee notes the Government’s indication that its legal framework determines the concept of subsidiarity in this sphere. The Committee indicates that this Article goes beyond subsidiary responsibility in the event of a complaint or infringement since it also requires proactive initiatives on the part of undertakings, establishing the duty to collaborate in the application of the measures laid down in the present Convention wherever two or more undertakings engage in activities simultaneously at one workplace. The Committee also refers to Paragraph 11 of the Occupational Safety and Health Recommendation, 1981 (No. 164), according to which, whenever two or more undertakings engage in activities simultaneously at one workplace, they must collaborate in the application of measures relating to the health and safety of workers and the working environment, without prejudice to the responsibility of each undertaking for the health and safety of its own workers. Whenever appropriate, the competent authority or authorities should prescribe the general arrangements for such collaboration. The Committee requests the Government to take the necessary legislative or regulatory measures to give effect to this Article of the Convention and to supply information in this regard.

Article 18. Measures to deal with emergencies. The Committee notes the Government’s statement that, in general, enterprises provide emergency medical services. The Committee indicates that this Article of the Convention establishes the obligation for employers to take measures, where necessary, to deal with emergency situations and accidents, including adequate measures for the administration of first aid. The Committee requests the Government to take the necessary legislative or regulatory measures to ensure that effect is given to this Article of the Convention and to provide information in this regard.