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Occupational Cancer Convention, 1974 (No. 139) - Uruguay (Ratification: 1980)

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Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 115 (radiation protection), 136 (benzene), 139 (occupational cancer), 155 (OSH), 161 (occupational health services), 162 (asbestos), 167 (OSH in construction), 176 (OSH in mines) and 184 (OSH in agriculture) together.

The Committee notes the observations of the Inter-Union Assembly of Workers – Workers’ National Convention (PIT–CNT) on the application of Convention No. 155, communicated by the Government.

A. General provisions

1. Occupational Safety and Health Convention, 1981 (No. 155)

The Committee notes the information provided by the Government in response to its previous comments on Article 18 (measures to deal with emergencies) of the Convention.

Articles 4, 5(d) and 7 of the Convention. Periodic reviews of the national situation and communication at all appropriate levels. The Committee recalls that in previous comments it noted that, under section 12 of Decree No. 291/007, a sectoral tripartite committee must be created in each sector or branch of activity to formulate, implement and periodically review a national policy and its methods of implementation in relation to occupational safety, occupational health and the working environment, in order to give effect to the Convention. In this regard, the Committee notes the observations provided by the PIT–CNT that there continue to be difficulties in setting up tripartite forums at the sectoral level. The Committee requests the Government to provide information on the manner in which it is ensured that the situation regarding workers’ safety and health and the working environment is reviewed at appropriate intervals, either overall or in respect of particular sectors, with a view to identifying major problems and evolving effective methods for dealing with them and priorities of action. The Committee also requests the Government to provide additional information on the work of the sectoral tripartite committees.

Article 11(e). Annual publication of information. With reference to its previous comments, the Committee notes the Government’s indication that efforts were made to improve the quality of information and the production of reports analysing the accident rate at the national level and by sector or branches of activity, and that regular annual presentations were made to the National Occupational Safety and Health Board (CONASSAT) and to the sectoral tripartite committees. The Committee also notes the Government’s indication that the Occupational Accidents Monitoring System, which contains information on occupational accidents, was launched as a result of the coordinated work of the Ministry of Labour and Social Security (MTSS) and the State Insurance Bank (BSE). The Committee notes that both this monitoring system and the Occupational Diseases Monitoring System are databases available on the web page of the BSE which contain detailed quarterly and annual information on, respectively, occupational accidents and occupational diseases that have been recognized under Act No. 16074, on occupational accident and disease insurance.

Articles 13 and 19(f). Protection for workers who remove themselves from work situations that present an imminent and serious danger. With reference to its previous comments, the Committee notes that the Government refers to the various provisions of Decree No. 125/014 and Decree No. 394/018, which establish the procedures for, respectively, the halting of work in the construction industry and in dock work when there is imminent and serious risk to the physical safety of one or more workers. The Committee notes that the provisions referred to by the Government specify that the procedures for halting work shall be initiated by the safety and health delegate or the workers’ representative on the safety committee, and do not protect all workers who remove themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health. Noting that the provisions referred to by the Government do not give effect to Articles 13 and 19(f) of the Convention, the Committee once again requests the Government to adopt the necessary measures to ensure that workers who believe it necessary to remove themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health are protected from undue consequences. It also requests the Government to provide information on the measures adopted in this regard.

Article 17. Collaboration between enterprises engaging in activities simultaneously at one workplace. With reference to its previous comments, the Committee notes the Government’s reference to section 108(f) of Decree No. 394/018, which regulates the content of plans for the performance of dock work in a single confined or potentially confined space where operators from more than one enterprise are present. Noting that the provisions referred to by the Government do not give full effect to Article 17 of the Convention, the Committee once again requests the Government to adopt the necessary measures to ensure that whenever two or more enterprises engage in activities simultaneously at one workplace, they shall collaborate in applying the requirements of the Convention, and that this requirement covers all workers in all branches of economic activity. It also requests the Government to provide information on the measures adopted in this regard.

Articles 19(b) and (c) and 20. Adoption of provisions at the level of the enterprise regarding the cooperation of workers’ representatives with the employer and appropriate training in the area of OSH given to workers and their representatives. The Committee recalls that section 5 of Decree No. 291/007 provides for the establishment of bipartite cooperation bodies on OSH at the enterprise level. The Committee notes that Decree No. 244/016 amended sections 5(d) and 11 of Decree No. 291/007 and added sections 5bis and 11bis, and that all these provisions refer to the establishment of the bipartite bodies and to their activities.

2. Occupational Health Services Convention, 1985 (No. 161)

Article 9 of the Convention. Health services in multidisciplinary work. The Committee notes that section 5 of Decree No. 127/014, as amended by section 2 of Decree No. 126/019, still specifies that occupational prevention and health services shall be multidisciplinary and that their new composition of personnel shall include at least one doctor specialized in occupational health and one other professional or specialist holding any of the following qualifications: prevention specialist, occupational health technician, prevention technician, occupational safety and health professional, or prevention technology engineer, and may also include a psychologist, nursing personnel or specialists in fields associated with occupational safety and health.

B. Protection against specific risks

1. Radiation Protection Convention, 1960 (No. 115)

Article 14 of the Convention. Discontinuation of assignment to work involving exposure to ionizing radiation contrary to qualified medical advice. The Committee notes that Decision No. 004/2018 of the National Regulatory Authority for Protection against Radiation (ARNR), of 20 August 2018, approved a new version of the UY 100 Standard issuing the basic regulations on radiation protection and safety. The Committee notes with interest that section 140 of the UY 100 Standard (Revision VIII) provides that when it is determined, by the ARNR or in the context of the health monitoring programme required by the Standard, that, for health reasons, a worker cannot continue in employment involving occupational exposure, employers shall make every reasonable effort to provide the worker with adequate substitute employment, in accordance with the legislation in force.

2. Benzene Convention, 1971 (No. 136)

The Committee notes the information provided by the Government in reply to its previous comments on Articles 7(1) (performance of work involving the use of benzene or of products containing benzene in an enclosed system) and 8(2) (the provision of adequate means of protection against the risk of inhaling benzene vapour) of the Convention.

Article 4(2) of the Convention. Prohibition of the use of benzene and of products containing benzene as a solvent or diluent. The Committee requests the Government to provide information on the measures adopted to ensure that benzene is not used as a diluent and products containing benzene are not used as a solvent or diluent.

3. Occupational Cancer Convention, 1974 (No. 139)

Article 5 of the Convention. Medical examinations. With reference to its previous comments, the Committee notes the Government’s indication that the BSE Monitoring System does not cover occupational diseases related to occupational cancer. The Committee also notes the Government’s indication that compulsory medical examinations and their frequency are provided for in Order No. 145/009 of the Ministry of Public Health on the monitoring of the health of workers exposed to occupational risk factors. The Committee notes that this Order does not provide for the performance of post-employment medical examinations, but the Government indicates that it is working to revise the Order. The Committee requests the Government to provide information on the measures adopted to ensure that cases of occupational cancer are identified. The Committee also requests the Government to adopt measures, including as part of the ongoing revision of Order No. 145/009, to ensure that workers are provided with such medical examinations or biological or other tests or investigations, after the period of employment, as are necessary to evaluate their exposure and supervise their state of health in relation to the occupational hazards. The Committee further requests the Government to provide information on any developments in the adoption of such measures.

4. Asbestos Convention, 1986 (No. 162)

Article 6(2) of the Convention. Cooperation between employers undertaking activities simultaneously at one workplace. In this respect, the Committee requests the Government to refer to its comments on the application of Article 17 (collaboration between enterprises engaging in activities simultaneously at one workplace) of Convention No. 155.

Articles 20(2) and (3) and 21(3). Keeping of records of the monitoring of the working environment and the access of the workers, their representatives and the inspection services to these records. Obligation to inform workers in an adequate and appropriate manner of the results of their medical examinations and provide advice concerning their health. In relation to its previous comments, the Committee notes the Government’s indication that it is working to revise Order No. 145/009 on the monitoring of the health of workers exposed to occupational risk factors, with a view to updating it and expressly including the obligation to inform workers of the results of their medical examinations and provide them with advice. The Committee requests the Government to provide information on any progress made in the revision of Order No. 145/009. Furthermore, having noted the continued absence of information on this matter, the Committee once again requests the Government to provide information on the requirement for employers to keep records of the monitoring of the working environment and the workers exposed to asbestos, as well as the right of workers concerned, their representatives and the inspection services to access these records.

C. Protection in specific branches of activity

1. Safety and Health in Construction Convention, 1988 (No. 167)

Article 3 of the Convention. Consultation with the most representative organizations of employers and workers regarding measures that give effect to the provisions of the Convention. Noting the information provided by the Government, the Committee requests the Government to continue providing information on the activities undertaken by the Tripartite Occupational Safety and Health Committee for the Construction Industry.

Article 12(1). Right of workers to remove themselves from dangerous situations that pose an imminent and serious danger to their safety or health. Duty to inform their supervisor immediately. The Committee notes the Government’s indication, in relation to its previous comments, that there are no provisions guaranteeing the rights and obligations provided for in this clause of the Convention. The Committee once again requests the Government to adopt the necessary measures to ensure that the national legislation provides for the right of all workers to remove themselves from danger when they have good reason to believe that there is an imminent and serious danger to their safety or health, and the duty so to inform their supervisor immediately. The Committee requests the Government to refer to its comments on the application of Articles 13 and 19(f) (protection for workers who remove themselves from work situations that present an imminent and serious danger) of Convention No. 155.

Application in practice. The Committee notes that, according to information available in the BSE Occupational Accidents Monitoring System, in the first half of 2019, the total number of occupational accidents increased by 2.0 per cent year on year and that the sector that contributed to the largest extent to this increase was the construction industry, together with ancillary activities. In the first quarter of 2019, there were 815 occupational accidents in this industry, representing an increase of 13.5 per cent compared with the first quarter of 2018. The Committee requests the Government to provide information on the reasons for the increased number of occupational accidents in the construction sector in the first quarter of 2019 in comparison with the first quarter of 2018.

2. Safety and Health in Mines Convention, 1995 (No. 176)

Article 3 of the Convention. National policy. The Committee requests the Government to provide information on the activities undertaken by the Tripartite Occupational Safety and Health Committee for the Mining Sector.

Article 4. National legislation to ensure the application of the Convention and other supplementary measures. The Committee notes the Government’s indication that the legislation has not been amended and, moreover, Decree No. 1230/43 issuing the Regulations on Mining Police and Security continues to be applied. The Committee also notes an absence of information on the status of the approval process of the draft Decree governing mining police and security (2016), provided by the Government with its previous report, which would update the Regulations on Mining Police and Security currently in force. The Committee once again requests the Government to provide information on the status of the draft Decree governing mining police and security as well as information on other measures applying the Convention that supplement the national legislation.

Article 5(2)(d). Compilation and publication of statistics. In relation to its previous comments, the Committee notes the Government’s indication that there are no records of accidents in mines and the BSE Occupational Accidents and Occupational Diseases Monitoring Systems do not contain information on the mining sector. The Committee requests the Government to adopt the necessary measures to ensure the compilation and publication of statistics on accidents, occupational diseases and dangerous occurrences.

Article 5(3). Competent persons for the manufacture, storage, transport and use of explosives and detonating devices. The Committee notes the Government’s indication, in reply to its previous comments, that the Weaponry and Supplies Service of the National Defence Ministry is the competent body with regard to the manufacture, storage, transport and use of explosives and detonating devices and the applicable regulation is Decree No. 2605/943 on explosives and weapons. The Committee notes that section 19 of this Decree provides that, in order to obtain a manufacturing permit for explosives for the detonation and detonating of explosions and regular explosives or destructive devices, a factory must be under the technical management of an industrial chemist with a qualification issued or endorsed by the University of the Republic.

Article 6. Employer’s assessment and handling of risks. Noting the absence of specific information in this respect, the Committee once again requests the Government to provide information on the measures taken to ensure that risks are assessed and dealt with by employers in the following order of priority: (a) eliminate the risk; (b) control the risk at source; (c) minimize the risk; and (d) in so far as the risk remains, provide for the use of personal protective equipment.

Article 7(c). Stability of the ground. In the absence of information in this respect, the Committee once again requests the Government to provide information on the measures taken or envisaged to guarantee that the employer ensures the stability of the ground in areas to which persons have access in the context of their work.

Article 7(i) and 8. Stoppage of work and evacuation. Specific emergency response plan. The Committee notes that section 11 of Chapter II of Title V of Decree No. 406/88 governing occupational safety and health, provides that in the event of any accidental exposure or emergency related to chemical, physical or biological agents which may have serious consequences for workers or the general public, a perfectly organized emergency plan shall be drawn up. The Committee also notes the Government’s indication that the project evaluation and inspection division of the Ministry of Industry, Energy and Mining requests, before the mining activity begins, the presentation of a safety protocol, which must indicate the measures to be taken in the event of an incident, and this protocol is monitored during the inspections conducted by the above-mentioned division. The Committee requests the Government to specify whether the above-mentioned emergency plan and/or safety protocol contain measures that guarantee the stoppage of work and the evacuation of workers to a safe location when there is serious danger to the safety and health of workers and ensure that there is an emergency response plan, specific to each mine, for reasonably foreseeable industrial and natural disasters.

Article 9(d). First aid, transportation and medical facilities. Further to its previous comments, the Committee notes that section 100 of Chapter XXIII, Title II of the Occupational Safety and Health Regulations provides that, in the event of an accident, workers must be supervised by an operator trained as a responder with a knowledge of first aid and that, nevertheless, the first measure to take in the event of an accident is to proceed without delay to a medical centre.

Article 10(a). Training programmes. The Committee notes that further to its previous comments, the Government refers to Decree No. 291/007 implementing the provisions of Convention No. 155 and Decree No. 306/005 regulating the prevention of and protection against risks arising from the chemical industry; the Government indicates that these Decrees require all enterprises to establish a cooperative body comprising workers and employers in order to promote and collaborate on planning training, which shall be consensual, and promote and maintain cooperation on occupational health, occupational safety and the working environment. The Committee requests the Government to provide information on how it ensures that workers are provided, at no cost to them, with adequate training and retraining programmes, including in the context of the training plans developed by the cooperative bodies comprising workers and employers established in enterprises pursuant to section 5 of Decree No. 291/007.

Article 10(b). Supervision and control. In its previous comments, the Committee noted that section 26 of the Regulations on Mining Police and Security provides that wherever the presence of water is suspected that may flow into the work area, it must be investigated and the supervisor must report to the mine manager on the status of the investigation before the start of each replacement shift. Noting that the Government does not provide information in this regard, the Committee once again requests the Government to provide information on the measures taken to provide for the employer’s obligation to ensure that supervision and control are provided on each shift in all cases and not only when the presence of water is suspected.

Article 12. Activities of two or more employers at the same mine. In relation to its previous comments, the Committee notes the Government’s indication that when mining activity is outsourced or there is more than one company working in a mining venture, responsibility lies with the owner of the mine, in accordance with the provisions of the Mining Code. Noting that this Code does not contain provisions giving full effect to Article 12 of the Convention, the Committee once again requests the Government to take the necessary measures to ensure that whenever two or more employers undertake activities at the same mine, the employer in charge of the mine shall coordinate the implementation of all measures relating to safety and health and shall hold the primary responsibility for the safety of the operations.

Article 13(1)(a), (b) and (e) and (2)(b), (c) and (f). Rights of workers and their representatives. Further to its previous comments, the Committee notes that the Government refers, in a general manner, to Act No. 16074 on insurance for occupational accidents and diseases, Decree No. 406/988, regulatory provisions on occupational safety and health, and Decree No. 306/005 regulating the prevention of and protection against risks arising from the chemical industry, without specifying the particular provisions of these texts that would give effect to Article 13(1)(a), (b) and (e) and (2)(b), (c) and (f) of the Convention. The Committee notes that the Government also refers to sections 4 (right of workers or their representatives to consult and make recommendations on occupational safety and health to the employer) 5, 5bis, 11 and 11bis (on the establishment and activities of bipartite cooperation bodies on occupational safety and health at the enterprise level) of Decree No. 291/007. Noting the absence of specific information in this regard, the Committee once again requests the Government to provide information on the legislative provisions covering the rights of workers: (i) to report accidents, dangerous incidents and hazards (Article 13(1)(a)); (ii) to request and obtain inspections and investigations (Article 13(1)(b)); and of their representatives: (iii) to participate in inspections and investigations as well as monitor and investigate safety and health matters (Article 13(2)(b)); (iv) to have recourse to advisers and independent experts (Article 13(2)c)); and (v) to receive notice (Article 13(2)(f)). The Committee also requests the Government to refer to its comments on the application of Articles 13 and 19(f) (on the protection of workers removed from imminent and serious danger) of Convention No. 155, and to provide information concerning Article 13(1)(e) of this Convention.

Article 13(4). Discrimination or retaliation. Noting that the Government refers to the provisions of section 14 of Decree No. 291/007, to which the Committee referred in its previous comment, the Committee again requests the Government to provide information on the measures taken to ensure that workers and their representatives are able to exercise the rights provided for in Article 13(1) and (2) of the Convention without discrimination or retaliation.

Article 14. Workers’ duties. In the absence of information in this regard, the Committee once again requests the Government to provide information on the measures taken to give effect to the provisions of Article 14(b), (c) and (d) of the Convention.

3. Safety and Health in Agriculture Convention, 2001 (No. 184)

Article 4 of the Convention. National policy. The Committee takes note of the information provided by the Government on the activities of the tripartite committee on occupational safety and health in agriculture. The Committee requests the Government to continue to provide information on the activities of the above-mentioned committee.

Article 5. Inspection system. In this regard, the Committee requests the Government to refer to its comments on the application of Articles 14 and 21 (on the number of labour inspectors and inspection visits and the frequency and thoroughness of labour inspections) and Articles 26 and 27 (on the annual report on the activities of the inspection services) of the Labour Inspection (Agriculture) Convention, 1969 (No. 129).

Article 6(2). Cooperation involving two or more employers, or one or more employers and one or more self-employed persons, in an agricultural workplace. Noting the absence of information in this regard, the Committee again requests the Government to provide information on the manner in which the legislation or the competent authorities fulfil the requirement that whenever in an agricultural workplace two or more employers undertake activities, or whenever one or more employers and one or more self-employed persons undertake activities, they shall cooperate in applying the safety and health requirements. The Committee also requests the Government to indicate whether the competent authority has established general procedures for such cooperation. The Committee also requests the Government to refer to its comments on the application of Article 17 (on collaboration between enterprises engaging in activities simultaneously at one workplace) of Convention No. 155.

Article 11(2). Handling and transport of materials. Prohibition on requiring or permitting the manual handling or transport of certain loads. Noting that the Government, once again, has not provided the requested information, the Committee again requests the Government to provide information on the manner in which it is ensured that workers are not required or permitted to manually handle or transport a load that, due to its weight or nature, could jeopardize their safety or health.

Article 16(2) and (3). Young workers and hazardous work. Further to its previous comments, the Committee notes the Government’s indication that the work permits for young people aged between 16 and 18 years authorized to work as milking yard, wiring assistant and horse-riding guide, were issued on an exceptional basis by the Board of Directors of the Uruguayan Institute for Children and Young Persons, and that they are monitored by the National Inspectorate for the Work of Children and Young Persons of that institute. The Government indicates that in order to obtain an exemption for an activity, a responsible person of legal age must accompany the young person throughout the working day and the young person may not perform any task considered hazardous unless accompanied by the responsible person. The Committee also notes the Government’s indication that the National Committee for the Elimination of Child Labour is working on introducing new training on certain activities for young people before they start working in those areas. The Committee requests the Government to refer to its comments on the application of Article (3)(2) (on the determination of hazardous types of work) of the Minimum Age Convention, 1973 (No. 138).

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the observations of the Inter-Union Assembly of Workers – Workers’ National Convention (PIT-CNT) on the application of Convention No. 155, communicated by the Government.

A. General provisions

1. Occupational Safety and Health Convention, 1981 (No. 155)

The Committee notes the information provided by the Government in response to its previous comments on Article 18 (measures to deal with emergencies) of the Convention.

Articles 4, 5(d) and 7 of the Convention. Periodic reviews of the national situation and communication at all appropriate levels. The Committee recalls that in previous comments it noted that, under section 12 of Decree No. 291/007, a sectoral tripartite committee must be created in each sector or branch of activity to formulate, implement and periodically review a national policy and its methods of implementation in relation to occupational safety, occupational health and the working environment, in order to give effect to the Convention. In this regard, the Committee notes the observations provided by the PIT-CNT that there continue to be difficulties in setting up tripartite forums at the sectoral level. The Committee requests the Government to provide information on the manner in which it is ensured that the situation regarding workers’ safety and health and the working environment is reviewed at appropriate intervals, either overall or in respect of particular sectors, with a view to identifying major problems and evolving effective methods for dealing with them and priorities of action. The Committee also requests the Government to provide additional information on the work of the sectoral tripartite committees.

Articles 19(b) and (c) and 20. Adoption of provisions at the level of the enterprise regarding the cooperation of workers’ representatives with the employer and appropriate training in the area of OSH given to workers and their representatives. The Committee recalls that section 5 of Decree No. 291/007 provides for the establishment of bipartite cooperation bodies on OSH at the enterprise level. The Committee notes that Decree No. 244/016 amended sections 5(d) and 11 of Decree No. 291/007 and added sections 5 bis and 11 bis, and that all these provisions refer to the establishment of the bipartite bodies and to their activities.

2. Occupational Health Services Convention, 1985 (No. 161)

B. Protection against specific risks

1. Radiation Protection Convention, 1960 (No. 115)

2. Benzene Convention, 1971 (No. 136)

3. Occupational Cancer Convention, 1974 (No. 139)

Article 5 of the Convention. Medical examinations. With reference to its previous comments, the Committee notes the Government’s indication that the BSE Monitoring System does not cover occupational diseases related to occupational cancer. The Committee also notes the Government’s indication that compulsory medical examinations and their frequency are provided for in Order No. 145/009 of the Ministry of Public Health on the monitoring of the health of workers exposed to occupational risk factors. The Committee notes that Order No. 145/009 does not provide for the performance of post-employment medical examinations, but the Government is working to revise the Order. The Committee requests the Government to provide information on the measures adopted to ensure that cases of occupational cancer are identified. The Committee also requests the Government to adopt measures, including as part of the ongoing revision of Order No. 145/009, to ensure that workers are provided with such medical examinations or biological or other tests or investigations, after the period of employment, as are necessary to evaluate their exposure and supervise their state of health in relation to the occupational hazards. The Committee further requests the Government to provide information on any developments in the adoption of such measures.

4. Asbestos Convention, 1986 (No. 162)

C. Protection in specific branches of activity

1. Safety and Health in Construction Convention, 1988 (No. 167)

Application in practice. The Committee notes that, according to information available in the BSE Occupational Accidents Monitoring System, in the first half of 2019, the total number of occupational accidents increased by 2.0 per cent year on year and that the sector that contributed to the largest extent to this increase was the construction industry, together with ancillary activities. In the first quarter of 2019, there were 815 employment injuries in this industry, representing an increase of 13.5 per cent compared with the first quarter of 2018. The Committee requests the Government to provide information on the reasons for the increased number of occupational accidents in the construction sector in the first quarter of 2019 in comparison with the first quarter of 2018.

2. Safety and Health in Mines Convention, 1995 (No. 176)

Article 13(1)(a), (b) and (e) and (2)(b), (c) and (f). Rights of workers and their representatives. Further to its previous comments, the Committee notes that the Government refers, in a general manner, to Act No. 16074 on insurance for occupational accidents and diseases, Decree No. 406/988, regulatory provisions on occupational safety and health, and Decree No. 306/005 regulating the prevention of and protection against risks arising from the chemical industry, without specifying the particular provisions of these texts that would give effect to Article 13(1)(a), (b) and (e) and (2)(b), (c) and (f) of the Convention. The Committee notes that the Government also refers to sections 4 (right of workers or their representatives to consult and make recommendations on occupational safety and health to the employer) 5, 5 bis, 11 and 11 bis (on the establishment and activities of bipartite cooperation bodies on occupational safety and health at the enterprise level) of Decree No. 291/007. Noting the absence of specific information in this regard, the Committee once again requests the Government to provide information on the legislative provisions covering the rights of workers: (i) to report accidents, dangerous incidents and hazards (Article 13(1)(a)); (ii) to request and obtain inspections and investigations (Article 13(1)(b)); and of their representatives: (iii) to participate in inspections and investigations as well as monitor and investigate safety and health matters (Article 13(2)(b)); (iv) to have recourse to advisers and independent experts (Article 13(2)c)); and (v) to receive notice (Article 13(2)(f)). The Committee also requests the Government to refer to its comments on the application of Articles 13 and 19(f) (on the protection of workers removed from imminent and serious danger) of Convention No. 155, and to provide information concerning Article 13(1)(e) of this Convention.

3. Safety and Health in Agriculture Convention, 2001 (No. 184)

Article 5. Inspection system. In this regard, the Committee requests the Government to refer to its comments on the application of Articles 14 and 21 (on the number of labour inspectors and inspection visits and the frequency and thoroughness of labour inspections) and Articles 26 and 27 (on the annual report on the work of the inspection services) of the Labour Inspection (Agriculture) Convention, 1969 (No. 129).

Article 16(2) and (3). Young workers and hazardous work. Further to its previous comments, the Committee notes the Government’s indication that the work permits for young people aged between 16 and 18 years authorized to work as farmhand, wiring assistant and horse-riding guide, were issued on an exceptional basis by the Board of Directors of the Uruguayan Institute for Children and Young Persons, and that they are monitored by the National Inspectorate for the Work of Children and Young Persons of that institute. The Government indicates that in order to obtain an exemption for an activity, a responsible person of legal age must accompany the young person throughout the working day and the young person may not perform any task considered hazardous unless accompanied by the responsible person. The Committee also notes the Government’s indication that the National Committee for the Elimination of Child Labour is working on introducing new training on certain activities for young people before they start working in those areas. The Committee requests the Government to refer to its comments on the application of Article (3)(2) (on the determination of hazardous types of work) of the Minimum Age Convention, 1973 (No. 138).

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Articles 1 and 3 of the Convention. Periodic determination of the carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization or control. Protective measures. The Committee notes the information provided by the Government in its report and requests it to continue providing information on any developments in this respect.

Article 5. Medical examinations of workers during and after the period of employment. In its previous comments, the Committee noted that Ordinance No. 145/09, referred to previously by the Government, establishes a basic regime covering various chemical and physical risk factors, the respective medical tests and analyses which workers must undergo, and the time at which such tests and analyses have to be carried out. The Committee requested the Government to make provision in law and in practice for medical examinations following the period of employment, and to provide information in this respect. The Committee notes the Government’s indications that, with regard to post employment examinations, no tests are carried out after the worker has left the employment, except in confirmed cases and under the State Insurance Fund (Banco de Seguros del Estado). The Committee recalls that, under this Article, each Member which ratifies this Convention shall take measures to ensure that workers are provided with such medical examinations or biological or other tests or investigations during the period of employment and thereafter, as are necessary to evaluate their exposure and supervise their state of health in relation to the occupational hazards. The Committee once again requests the Government to take the necessary measures to provide post-employment medical examinations for workers exposed to carcinogenic substances or agents, and to provide detailed information on this subject.

Application of the Convention in practice. The Committee once again requests the Government to provide statistical information on the number of workers covered by the legislation, the number and nature of the violations reported and the number of occupational diseases reported in relation to the Convention.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Legislation. The Committee notes with interest Decree No. 306/005 of 14 September 2005 concerning the chemical industry, which lays down compulsory minimum provisions for the management of risk prevention and protection against risks arising, or potentially arising, from productive activities in that industry. The Decree was drawn up with tripartite participation and establishes rights, principles and obligations for workers and employers, a tripartite national commission in the sector and participatory bodies at the enterprise level. The Committee also notes Ordinance No. 145/09 of 13 March 2009 establishing the basic regime covering various chemical and physical risk factors and determining medical controls for public and private industrial, commercial or service undertakings. The Committee also notes other standards for combating cancer in general terms, such as Decree No. 202/005 of 2005 establishing the National Programme to Combat Cancer (PRONACAN).

Article 1 of the Convention. Periodic determination of the carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization or control. The Committee notes the statement in the Government’s report that there is specific legislation covering radiation and asbestos. The Committee will refer to that legislation in its examination of the application of the specific Conventions in these areas. In its previous comments the Committee urged the Government to take steps to give effect to this Article of the Convention by establishing a mechanism for determining the carcinogenic substances and agents to which occupational exposure should be prohibited or made subject to authorization or control. The Committee notes that the Government has not replied to this question. The Committee notes, however, that Decree No. 306/005 contains an appendix on safety and health measures relating to exposure to chemical risks which lists a series of substances which constitute a risk factor. Section 3 of the Decree states that the reference values for the list will be updated annually by the Directorate-General of Health, in line with the latest information published of the American Conference of Government Industrial Hygienists (ACGIH). Although the Committee welcomes the reference to the ACGIH, it is not clear whether the updating referred to in section 3 applies solely to the reference factors or also includes the listed carcinogenic substances and agents. The Committee reminds the Government that the key aspect of Article 1 of the Convention is to determine a list of carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization or control and to establish a mechanism for periodic revision. The Committee requests the Government to indicate the manner in which the list of carcinogenic substances and agents covered by the provisions of Article 1(1) of the Convention is determined and periodically updated.

Article 3. Protective measures. The Committee notes the statement in the Government’s report that efforts are made to have carcinogenic substances and agents replaced and, in cases where this is not possible, controls are carried out by the Environmental Health Division and protocols are drawn up with regard to the protection of workers. The Committee requests the Government to supply further information on the application of this Article in law and in practice.

Article 5. Medical examinations of workers during and after the period of employment. The Committee notes that Ordinance No. 145/09 referred to previously establishes a basic regime covering various chemical and physical risk factors, the respective medical tests and analyses which workers must undergo and the time at which such tests and analyses must be carried out. With reference to its previous comments, the Committee reminds the Government that, under the terms of this Article, these examinations must also be carried out after the period of employment. The Committee requests the Government to make provision in law and in practice for medical examinations following the period of employment and requests it to provide information in this respect.

Article 6, paragraph (c). Measures to ensure appropriate inspection. The Committee notes that, according to Decree No. 306/005, the General Labour and Social Security Inspectorate (IGTSS) will chair the tripartite sectoral commission (section 7), and the tripartite sectoral commission has been assigned other functions related to labour inspection (section 9). The Committee requests the Government once again to supply information on the organization, functions and powers of the inspection services responsible for enforcing the provisions of the Convention, indicating whether it has taken steps to ensure that inspections are carried out as a matter of routine and not only following complaints, and requests it to supply information on the activity of the tripartite sectoral commission aimed at improving the effectiveness of the IGTSS in relation to the Convention.

Part IV of the report form. The Committee requests the Government once again to provide statistical information on the number of workers covered by the legislation, the number and nature of infringements reported, and the number of occupational diseases reported in relation to the Convention.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Article 1 of the Convention. Periodical determination of the carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization or control. With reference to its previous comments regarding the information on the responsibility of the Ministry of Public Health to update and revise the tables, annexed and referred to in sections 2-6 of Decree No. 183/982 of 29 May 1982, on measures to protect workers against the hazards caused by carcinogenic substances or agents, the Committee notes with interest the adoption of the National Code of 18 February 2004 on the compulsory notification of diseases and sanitary events. The mentioned legal text contains a list of diseases, including occupational ones, which shall be declared within a prescribed deadline. The Committee points out that this text does not create any mechanism ensuring that the carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization or control. The Committee urges the Government to make due efforts in order to give effect to this Article of the Convention.

2. Article 3. Practical measures to protect workers against the risks of exposure to carcinogenic substances and agents. With reference to its previous comments regarding the establishment by the General Labour and Social Security Inspection Service (IGTSS) of a register of communications made by enterprises using carcinogenic substances and agents, in conformity with section 9 of the abovementioned Decree No. 183/982, the Committee notes that the Government’s latest report is silent in relation to any action to ensure the application in practice of this Article. The Committee once again requests the Government to adopt the appropriate practical measures to give effect to this provision of the Convention.

3. Article 5. Workers’ medical examination during the period of employment and thereafter. The Committee notes with interest that article 1 of the resolution of the Ministry of Health establishes a basic scheme of chemical and physical risk factors, the respective modalities of medical control for each factor, as well as the determination of specific periods of control. Article 2 of the same resolution prescribes that values of each substance will be updated once every year. A special health control plan can be required by a physician specialist in industrial medicine and occupational health which should include the periodicity of control, as is laid down in article 3 of the resolution. Taking due note of the mentioned provisions of the resolution in question, the Committee recalls that this article prescribes that medical examinations shall be carried out after employment. With reference to its previous comments and while the Government’s latest report is silent with respect to the existence of any provision which gives effect to this point of the Convention, the Committee requests the Government to take necessary measures to ensure that medical examinations should be carried out after the period of employment.

4. Article 6, paragraph (c). Measures to provide that appropriate inspection is to be carried out. With reference to its previous comments regarding the requirement to provide appropriate inspection services for supervising the application of the Convention, as well as regarding the specific plan for supervising the enterprises which handle or use carcinogenic substances that should be set up by the IGTSS, in accordance with article 11 of Decree No. 183/982, the Committee notes that the Government’s latest report does not contain the information requested. The Committee refers to the indication made by the Government in its earlier report that inspections are carried out only as a result of declarations by workers. The Committee urges the Government to take necessary measures to adopt provisions in order to ensure the application of this Article of the Convention and requests the Government to provide information on the organization, functions and powers of the inspection services responsible for supervising the application of the provisions of the Convention.

5. Part IV of the report form. Statistical data. In the absence of any information concerning practical application of the Convention which was requested in its previous comment, the Committee expresses the hope that the Government will take the necessary measures to collect and communicate statistics on the number of workers protected by legislation, or other measures which give effect to the Convention, disaggregated by sex if possible, the number and nature of the contraventions reported and the number, nature and cause of cases of disease.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information supplied by the Government in its report.

Article 1 of the Convention. The Committee recalls that, in conformity with section 12 of Decree No. 183/982 of 29 May 1982, issuing measures intended to protect workers against the hazards caused by carcinogenic substances or agents, it is provided that the Ministry of Public Health shall be responsible for updating and revising the tables referred to in sections 2 6 which appear as annexes to the Decree. The Committee recalls that, according to Article 1 of the Convention, each Member which ratifies the Convention shall periodically determine the carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization or control. It also recalls that in making these determinations consideration shall be given to the latest information contained in the codes of practice or guides which may be established by the International Labour Office, as well as to information from other competent bodies. The Committee requests the Government to inform it whether the aforementioned tables, annexed to Decree No. 183/982, determining carcinogenic substances or agents have been revised and what sources of information were used to determine them.

Article 3. The Committee notes the Government’s indications in reply to its previous comments to the effect that, to date, no supervisory system has been established in practice to ensure compliance with this Article of the Convention by the General Labour and Social Security Inspection Service (IGTSS). The Committee recalls that the Government indicated that the IGTSS intended to establish a register - in conformity with section 9 of the abovementioned Decree No. 183/982 - of communications made by enterprises which used carcinogenic substances or agents. The Committee observes from the Government’s latest report that measures have not been adopted to comply with the provisions in sections 8 and 9 of Decree No. 183/982, which would result in application of Article 3. Furthermore, the Committee understands from the Government’s statement that practical measures have not been adopted to give effect to the provisions of Articles 2 and 4 of the Convention. The Committee therefore requests the Government to adopt the appropriate practical measures to give effect to these Articles of the Convention.

Article 5. The Committee notes the indication by the Government of the measures to ensure that workers are provided with periodic medical examinations and the indication that, to date, no rules have been laid down in regard to specific medical examinations to be carried out before exposure to carcinogenic substances. The Committee recalls that, since submission of the Government’s first report in 1982, it has emphasized the lack of means to give effect to this Article of the Convention which provides that medical examinations shall be carried out after employment. The Committee notes that in one of its previous reports the Government indicated that it had designated a technical committee at the Institute of Oncology of the Ministry of Public Health to lay down a list of clinical and paraclinical checks for the workers concerned from the time of recruitment. The Government also indicated that section 31 of the Decree of 7 February 1987 laid down that medical examinations are compulsory for workers after they have left their employment. Nevertheless, in the light of the information provided by the Committee in its report, it does not appear that the aforementioned Decree has entered into force. The Committee observes that none of the provisions cited by the Government give effect to this point of the Convention, and in practice it is not applied. The Committee therefore requests the Government to take the necessary measures to give effect to this provision of the Convention.

Article 6. The Committee notes with concern the Government’s information to the effect that inspection programmes to supervise application of the present Convention have not been set up. Specifically, the IGTSS has not put into practice a specific plan for supervising the enterprises which handle or use carcinogenic substances as provided in article 11 of Decree No. 183/982. The Government indicates, furthermore, that inspections are carried out only as a result of declarations by workers. The Committee recalls that Article 6, paragraph (c), of the Convention lays down that each Member who ratifies the Convention shall take such steps as may be necessary to give effect to the provisions of the Convention or ensure that adequate inspection is carried out. The Committee urges the Government to indicate the provisions being adopted to ensure application of this Article of the Convention and requests that it supply information on the organization, functions and powers of the inspection services responsible for supervising application of the provisions of the Convention.

The Committee notes the Government’s information to the effect that the IGTSS does not have a statistics department which processes the information contained in reports, records, investigations of occupational accidents, etc. The Committee requests the Government, in accordance with Part IV of the report form, to take the necessary measures to collect and communicate statistics on the number of workers protected by legislation or on other measures which give effect to the Convention, the number and nature of the contraventions reported, the number, nature and cause of cases of disease.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the information supplied by the Government in its report.

1. Article 3 of the Convention. The Committee notes the Government's indications to the effect that the general labour and social security inspectorate intends to establish a register in application of section 9 of Decree No. 183/82 of 27 May 1982 (issuing measures intended to protect workers against the hazards caused by carcinogenic substances or agents) which provides that the registers of reports received from enterprises will be kept by the labour inspectorate. The Committee requests the Government to supply information on the follow-up given to this project.

2. Article 5. The Committee notes that in reply to its previous comments on the subject of medical examinations after employment and their periodicity, the Government mentions the compulsory dose-rate checks for workers exposed to ionizing radiation provided in section 302 of Act No. 16736 of 5 January 1996. The Committee requests the Government to indicate whether these workers have medical check-ups after their employment. The Committee recalls that under this article of the Convention, workers exposed to carcinogenic substances or agents must be provided with such medical examinations or biological or other tests or investigations, not only during the period of employment but also thereafter, as are necessary to evaluate their exposure and supervise their state of health in relation to the occupational hazards. This ensures medical supervision of workers in regard to the appearance of symptoms of cancer which may appear only some time after cessation of exposure to carcinogenic substances or agents. The Committee hopes that the Government will supply information on the measures taken to provide workers with appropriate medical supervision after exposure to carcinogenic substances and agents.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes with interest the indication in the Government's report that workers engaged in activities where there is a risk of exposure to carcinogenic substances must have a yearly "health book" indicating the clinical and laboratory examinations which they have undergone, even after leaving the workplace. It notes that section 3 of Decree No. 406/988 of 3 June 1988 only provides, however, that workers exposed to chemical, biological and physical risks shall be submitted to medical supervision at the beginning of the employment, periodically and upon leaving the employment, in accordance with the standards established by the competent authority. Section 6 of Decree No. 651/990 of 18 December 1990 provides that the medical examinations to be recorded in the health book shall correspond to the type of work activity and shall be undergone with the periodicity determined by the Ministry of Public Health. The Committee would recall that Article 5 of the Convention provides that workers shall undergo medical examinations, as are necessary, after employment in order to ensure that appropriate medical supervision is provided to workers who may not reveal any symptoms of cancer until some time after the period of exposure. The Government is requested to indicate the periodicity determined by the Ministry of Public Health, or other competent authority, with which workers who have been exposed to carcinogenic substances are medically supervised.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Article 5 of the Convention. The Committee noted from the Government's reply to its previous direct request that the revision of the Decree of 7 February 1987 did not alter section 31, which makes medical examinations compulsory for workers after they have left their employment. It also noted, however, that the Decree was still not in force. The Committee also noted that the technical committee set up to establish a list of the clinical and paraclinical examinations recommended for the purpose of Article 5 of the Convention had not yet completed its work. The Committee would be grateful if in its next report the Government would indicate the measures taken to ensure that workers exposed to carcinogenic substances or agents are provided with medical examinations or biological and other tests or investigations after their period of employment, in accordance with Article 5 of the Convention.

Direct Request (CEACR) - adopted 1988, published 75th ILC session (1988)

Article 5 of the Convention. The Committee notes from the Government's reply to its previous direct request that the revision of the Decree of 7 February 1987 did not alter section 31, which makes medical examinations compulsory for workers after they have left their employment. It also notes, however, that the Decree is still not in force. The Committee also notes that the technical committee set up to establish a list of the clinical and paraclinical examinations recommended for the purpose of Article 5 of the Convention has not yet completed its work. The Committee would be grateful if in its next report the Government would indicate the measures taken to ensure that workers exposed to carcinogenic substances or agents are provided with medical examinations or biological and other tests or investigations after their period of employment, in accordance with Article 5 of the Convention.