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

Occupational Safety and Health Convention, 1981 (No. 155) - Venezuela (Bolivarian Republic of) (Ratification: 1984)

The Committee takes note of the Government’s detailed report; of the Government’s reply to its comments in 2009 when it referred to a communication from the Confederation of Workers of Venezuela (CTV); of a communication from the Independent Trade Union Alliance (ASI) sent by the Government on 24 September 2010; and of two communications dated 30 August 2011, of which one is from the CTV and the other from the ASI, sent by the Government on 22 September 2011. The Committee notes that the Government has not sent information on the questions raised in these three communications. The Committee will refer to the communications when examining the relevant Articles of the Convention. Furthermore, the Committee notes that on 2 December 2011, the Office received comments from the Government referring to the communications from the trade unions mentioned above, but it did not provide any information in this respect. The only information connected with the application of this Convention is the number of occupational accidents and diseases for the first six months of 2011.

Articles 4 and 8 of the Convention. Formulating, implementing and periodically reviewing a coherent national policy on occupational safety, occupational health and the working environment; measures to give effect to this Article by consulting with the most representative employers and workers’ organizations concerned. The Committee notes that, according to the Government in its report, the principle of the people as participants is a constitutional right set forth in section 5 of the Basic Act on Prevention, Working Conditions and the Working Environment (LOPCYMAT) which gives effect to Article 4 of the Convention, and that draft legislation, regulations and technical standards are submitted for consultation among the various social partners. The Committee also notes that section 10 of the LOPCYMAT establishes that the Ministry of Labour shall consult the employers’ and workers’ organizations in respect of its national policy and that it will take into account, for the elaboration of this policy, inter alia, statistics on occupational diseases, accidents and death; the Government adds that section 36 of the same Act establishes a National Safety and Health Council with the participation of employers and workers. The Committee notes, however, that the Government has not provided information on the way in which this section of the Convention is applied in practice, indicating for example, the content of its national policy and whether this policy and its implementing measures have been and are discussed with the most representative employers’ and workers’ organizations concerned. This implies a process of application and periodical revision in consultation with the most representative employers’ and workers’ organizations concerned, to ensure an evaluation of the national policy, the basis upon which the scope of future actions is determined. With respect to Article 8 of the Convention, the Government states that the Assembly puts into practice the so-called “parliamentarism of the street” which consists of discussing a number of bills with the citizens. It also points out that workers’ assemblies, workshops with safety officers, meetings with trade union organizations and business associations of a number of productive groups are also held. Furthermore, the Committee notes that, in its comments of 2010, the CTV indicates that the Institute for Occupational Prevention, Health and Safety (INPSASEL) does not consult with the trade union organizations. The CTV adds that the Government should use the tripartite consultation mechanisms established under the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) to improve the occupational safety and health conditions and reverse the present trend. The Committee draws the Government’s attention to the fact that Articles 4 and 8 of the Convention refer to consultations on national policy and ways to give effect to these, with the most representative employers’ and workers’ organizations concerned, and therefore discussions with the citizens does not replace consultations with the said organizations. The Committee requests the Government to send additional information on the content of its national policy; on the consultations held with the most representative employers’ and workers’ organizations concerned with respect to the formulation, application and evaluation of its national policy and measures referred to under Article 8; and on the results of these consultations.

Article 5(e). Spheres of action that should be taken into account by national policy; the protection of workers and their representatives from disciplinary measures as a result of the actions properly taken by them in conformity with the policy referred to in Article 4 of this Convention. The Committee notes that, according to section 44 of the LOPCYMAT, no safety delegate may be dismissed, transferred or demoted in his/her job, from the time he/she is elected until three months after the period for which he/she has been elected, without justified grounds previously approved by the labour inspectorate, in accordance with the Organic Labour Law. Noting that, according to the ASI communication in 2010, 400 safety delegates were dismissed at the end of the first quarter of 2008, the Committee requests the Government to indicate what its legislation considers “justified grounds” in the context of the said Article; to send information on the application of this Article in practice, including on the application of dismissal with “just grounds previously approved by the labour inspectorate in accordance with the Organic Labour Law”, and on the alleged cases of dismissal of safety delegates.

Article 6. Functions and responsibilities. Article 15. Coordination. With respect to its comments in 2009, in which the Committee noted that, according to the CTV, the LOPCYMAT had not as yet been fully implemented and the Social Security Fund was not yet in operation, the Committee notes that, according to the Government, it is untrue that the LOPCYMAT is not yet functioning. The Governing points out that in the context of the transition of the social security institutions, certain legal situations of occupational safety and health (OSH) fall within the remit of the Venezuelan Social Security Institute (IVSS); that the entering into force of the Social Security Fund will enable the remaining aspects to come into effect; however, there has not been a deterioration or vacuum with respect to situations regulated by previous laws and regulations. The Committee also notes that, according to the ASI’s communication of 2010, another delay with the LOPCYMAT is connected to the appointment of special prosecutors in occupational safety and health matters. In turn, the Committee notes that the Government has not provided the information requested in its previous comment on the difficulties encountered in formally setting up the National Council for Prevention, Safety and Health at Work, to which section 36 of the LOPCYMAT refers. The Committee requests the Government to indicate whether the National Council for Prevention, Safety and Health at Work is operating and to send information on which bodies governed by the LOPCYMAT are functioning in practice, and those which are not, as well as the Government’s plans to implement the Act in its totality.

Article 7. Reviews, either overall or in respect of particular areas, carried out at appropriate intervals. Article 11(c). The establishment and application of procedures for the notification of occupational accidents; and paragraph (e), the annual publication of information on measures taken, and on occupational accidents and occupational diseases. The Committee notes that in 2010, the ASI indicates that, according to the INPSASEL, up to the third quarter of 2008, 69,119 serious accidents occurred, compared to the 57,000 registered throughout 2007. It is estimated, according to the ASI, that 90 per cent of occupational accidents are not reported. The Committee notes that in its communication of 2010, the ASI stated that INPSASEL would administer the OSH services in six sectors, and mentioned the petrochemical, petrol, auto-parts and agriculture sectors; and that in its 2011 communication, the ASI refers to the poor state of some installations belonging to the Venezuelan Petroleum Enterprise (PVDSA), adding that trade union officials urged the INPSASEL to assume the responsibility for and supervise gas-filling plants throughout the country, and noted that workers were not employed in adequate safety and health conditions. Similarly, the Committee noted that, according to a communication from the CTV in 2011, there has been an increase in the number of occupational accidents compared with ten years before; and that this may be attributed to a deterioration in the working environment. It pointed out that there were no reliable statistics. The CTV also states that the petroleum industry is a particular case in point given that accidents in this industry have increased dramatically during the past eight years, and that according to the statement by the Secretary-General of the Federation of Petroleum Workers in August 2011, there have been 500 occupational accidents in the industry and 15 deaths, and that the PVDSA has dismissed workers involved in occupational accidents. As regards the notification of accidents, the Committee states that these are reported online and that this system is in its first phase. The Government also states that the INPSASEL posts on its webpage information on occupational accidents which occurred during the 2005–07 period, and on occupational diseases during the 2002–06 period. The Committee notes that the Government, in its communication received on 2 December 2011, stated that in the first semester of 2011, 29,020 occupational accidents and 1,130 occupational diseases were reported, but it did not provide information on previous years. Having noted that the information available on the INPSASEL webpage is up to the year 2007, the Committee requests the Government to redouble its efforts to bring the available information on occupational accidents up to date so that it may count on efficient indicators in due time, allowing it to identify the sectors requiring priority action and, in this way, to be able to re examine its national policy on the basis of reliable and recent data, and to provide information on this particular issue. Furthermore, the Committee requests the Government to: (1) send its comments on the issues related to the increase in the number of occupational accidents and under-reporting; (2) indicate the trends in occupational labour accidents by sector and the measures taken or envisaged to deal with this situation, including statistical information from 2007 until the present date; (3) send information on the surveys carried out or ongoing in specific sectors; and (4) indicate the sectoral committees to which it referred in its previous comment and provide information on the way they are run and activities.

Article 9. Adequate and appropriate system of inspection. Taking into account the problems of application in practice referred to in the communications, the Government is asked to indicate the measures adopted to guarantee the effective application of preventive and protective measures established under the Convention, including, but not exclusively, the strengthening of the labour inspectorate.

Other issues. Article 5. Spheres of action that should be taken into account in national policy; Article 11(a)(b) and (d). Functions that should be covered by national policy; Article 12. Obligations on persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use; and Article 15. Coherence of the national policy and coordination between the various authorities and bodies responsible for giving effect to parts II and III of the present Convention. Noting that the Government has not, in its report, provided information on the application of the abovementioned Articles, the Committee requests the Government to send information in this respect.

[The Government is asked to report in detail in 2012.]