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

Safety and Health in Construction Convention, 1988 (No. 167) - Panama (Ratification: 2008)

The Committee notes with interest the detailed first report of the Government and in particular Decree No. 2 of 15 February 2008 regulating safety, health and hygiene in the construction industry; Executive Decree No. 15 of 3 July 2007 and Act No. 68 of 26 October 2010, which establish a preventive, progressive, coordinated and tripartite approach to health and safety in construction. It notes the Government’s indication that Decree No. 2 was drawn up by the Interinstitutional Technical Committee on Occupational Safety and Health, a standing advisory body which was consulted extensively together with the Panamanian Construction Industry Board (CAPAC) and construction industry workers’ organizations, such as the Single National Union of Construction Industry and Allied Workers (SUNTRACS). It contains detailed technical provisions relating to health and safety in the various processes and activities of the construction industry, establishes the principle of prevention by means of identification, monitoring, elimination or reduction of hazard factors, and covers notification, consultation, tripartite participation and training of workers and employers. It also establishes the obligation to draw up, during the project planning phase, a study on occupational safety and health (OSH) and a plan resulting from the study, the cost of which must be included in the budget for performance of the work (section 12 of the regulations). The following sections lay down the minimum requirements for the study and safety plan and the obligation to designate a safety coordinator during the execution of the works. Section 400 of the regulations sets up a standing tripartite committee for improvements in OSH in the construction industry, with the participation of representatives of the construction workers, one of which is to be SUNTRACS and the other the National Council of Organized Workers (CONATO), two representatives of the employers in the construction industry, one of whom will come from CAPAC and the other from the National Council for Private Enterprise (CONEP), and two representatives of the Government. The task of this committee is to keep the regulations up to date, in line with any innovations in the construction industry. Decree No. 15 of 2007 introduced the concept of the occupational safety official, a post which is filled by engineers or architects specializing in OSH. The Decree also establishes a database of persons who may perform this function, which will be at the National Directorate for Labour Inspection and, in order to ensure the independence and objectivity of safety officials, establishes a fund for OSH in the construction industry with contributions from contract promoters. The Ministry of Labour designates the safety officials. Act No. 68 of 26 October 2010 establishes fines for persons who do not comply with this requirement and states that the “resident suitable professional” must be a constant presence during the execution of the work and lays down monetary fines in connection with the exercise of the profession. The report also indicates that 50 safety officials have just been appointed, of whom 43 perform their duties in the province of Panama, in view of the boom in the construction industry. In addition, a special unit has been established of inspectors for the construction industry, and the 2012 budget for the National Directorate for Labour Inspection includes a provision for hiring more inspectors and safety officials. The Government also states that ongoing training is provided for inspectors in the areas of safe conduct, basic safety and health concepts, physical hazards, electrical hazards and hazards from vibration. The Committee welcomes the legislative and practical measures adopted and requests the Government to continue to supply information on any changes in the legislation.

Plan of Action 2010–16. The Committee wishes to take this opportunity to inform the Government that in March 2010 the Governing Body adopted the Plan of Action 2010–16 to achieve widespread ratification and effective implementation of 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.)). The Committee draws the Government’s attention to the fact that, under this Plan, the Office provides technical assistance for governments, where applicable, so that they can bring their law and practice into conformity with these key occupational safety and health instruments, with a view to promoting the ratification and effective implementation thereof. The Committee also reminds the Government that it may avail itself of assistance from the Office with regard to the preparation of reports on ratified Conventions. Noting that Panama has not ratified these key Conventions which cover all workers in all sectors of activity, the Committee requests the Government to provide information on any needs that may arise in this regard.

The Committee is raising other points in a request addressed directly to the Government.