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

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

Referring to its observation, the Committee requests the Government to provide additional information on the following issues.

Article 2(f) of the Convention. Competent person. The Committee notes that Decree No. 2 uses the term “suitable professional” on various occasions. This title would appear to coincide with the term “competent person” within the meaning of this Article. The Committee requests the Government to provide information, according to its law and technical standards, on who is the “competent person”, within the meaning of Article 2, whom the legislation designates to perform the duties indicated in Articles 14(4), 15(1)(d), 17(3), 20(2) and (3), 22(1), 24(b), 26(1) and 27(b) of the Convention.

Article 8. Coordination whenever two or more employers undertake activities simultaneously at one construction site and cooperation whenever employers or self-employed persons undertake activities simultaneously at one construction site. The Committee notes the legislation indicated by the Government concerning the sharing of responsibility between the various parties working on construction sites. Nevertheless, this Article mainly calls for proactive measures aimed at coordination and cooperation for the purposes of prevention. The Committee understands that the general regulations on occupational hazard prevention give effect in general this Article. Nevertheless, so that the Committee may have a clearer picture of the conformity of the legislation to this Article of the Convention, it requests the Government to provide information on each paragraph of this Article of the Convention and on its application in practice, indicating whether the latter presents any obstacles and, if so, of what kind.

Article 13. Safety of workplaces. The Committee notes with interest the term “safety coordinator” referred to by section 17 of Decree No. 2 and also that of “safety official” referred to by Decree No. 15 of 2007 and also referred to in section 9 of Act No. 68 of 2010. The Committee requests the Government to clarify whether these are two separate functions or are different titles for the same function.

Part VI of the report form. Application in practice. The Committee notes the information supplied by the Government. It requests the Government to supply a general description of the application of the Convention in practice, including the impact of safety surveys and plans and the activities of the Standing Tripartite Committee on improvements in occupational safety and health in the construction industry.