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Previous comment under Conventions Nos 77 and 78 and previous comment under Convention No. 124
Repetition Article 2(1) of the Convention. Medical examination for fitness for employment and periodic re-examinations required for persons under 21 years of age. In its previous comments, the Committee noted that the Ministry of Labour, Employment and Social Welfare was drafting a new Bill on occupational safety and health. The Committee notes the Government’s indication in its report that the Bill on occupational safety and health has not yet been adopted. Recalling that the Plurinational State of Bolivia ratified the Convention more than 30 years ago, the Committee requests the Government to take the necessary measures to ensure that the Bill on occupational safety and health is adopted as soon as possible in order to give effect to the provisions of the Convention. It requests the Government to provide information on any progress made in this regard. Application of the Convention in practice. In its previous comments, the Committee noted the description by the Ministry of Labour, Employment and Social Welfare of the child labour inspection system (SITI), through which it will be possible to obtain information on the number of children and young persons working in the country. It noted that the inspection system is based on a standard questionnaire which seeks to evaluate the working conditions of these children and young persons and which is particularly concerned with the issue of the medical examination for fitness for employment. Noting the absence of information on this subject, the Committee requests the Government to provide information on the number of children and young persons covered by the Convention and extracts from the reports of the inspection services.
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 matters raised in its previous direct request, which read as follows:
The Committee noted that the Government has adopted a number of regulations on the work of minors (Supreme Decree No. 27443 regulating the Boys, Girls and Adolescents Code, of 8 April 2004); resolution No. 001 of 11 May 2004 issued by the Ministries of Labour, Health and Sport; Biministerial resolution No. 299/04 of 4 June 2004; and Ministerial resolution No. 301/04 of 7 June 2004 on the form pertaining to fulfilment of fundamental rights at work. The Committee also noted the Government Plan for the Gradual Elimination of Child Labour 2000–10. It noted in particular that, according to the Government, with technical assistance from the Bolivian Standardization and Quality Institute (IBNORCA) the Ministry of Labour has drafted enabling regulations for the General Act on Occupational Safety and Health and Well-being, concerning work by young persons in industry, commerce, mining and agriculture. The above regulations are to take effect shortly. The Committee accordingly requests the Government to provide information on progress made towards the adoption of the regulations and to send a copy of them as soon as they are adopted.
Part V of the report form. Practical application. The Committee requests the Government to provide information on the practical effect given to the Convention, such as extracts of inspection reports, any statistics on the number of young person’s covered by the Convention and any other information pertaining to the practical application of the Convention.
The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:
The Committee notes with regret 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 matters raised in its previous direct request, which read as follows:
Part V of the report form. Practical application. The Committee requests the Government to provide information on the practical effect given to the Convention, such as extracts of inspection reports, any statistics on the number of young persons covered by the Convention and any other information pertaining to the practical application of the Convention.
The Committee notes that the Government has recently adopted a number of regulations on the work of minors (Supreme Decree No. 27443 regulating the Boys, Girls and Adolescents Code, of 8 April 2004); Resolution No. 001 of 11 May 2004 issued by the Ministries of Labour, Health and Sport; Biministerial Resolution No. 299/04 of 4 June 2004; and Ministerial Resolution No. 301/04 of 7 June 2004 on the form pertaining to fulfilment of fundamental rights at work. The Committee also notes the Government Plan for the Gradual Elimination of Child Labour 2000-10. It notes in particular that, according to the Government, with technical assistance from the Bolivian Standardization and Quality Institute (IBNORCA) the Ministry of Labour has drafted enabling regulations for the General Act on Occupational Safety and Health and Well-being, concerning work by young persons in industry, commerce, mining and agriculture. The above regulations are to take effect shortly. The Committee accordingly requests the Government to provide information on progress made towards the adoption of the regulations and to send a copy of them as soon as they are adopted.
The Committee notes the Government’s report. It also notes the information supplied by the Government in 2004 on the application of the Medical Examination of Young Persons (Industry) Convention, 1946 (No. 77).
1. Article 2, paragraph 1, of the Convention. The Committee notes that in its report the Government indicates that the Committee’s comments on the application of the Convention will be taken into account in the Regulations of the Act on Health, Occupational Safety and Welfare and in the Regulations on Medical Services in Enterprises which are in the process of being drafted. The Committee hopes that there will be specific provisions in the above legislation on the medical examination of young person employed underground. The Committee draws the Government’s attention to the need to make this medical examination mandatory and to ensure that it certifies not only the young person’s state of health, but also his fitness for carrying out such work. Furthermore, for many years the Committee has been pointing out that, in view of the health hazards of underground work in mines, such examinations should, in accordance with the Convention, be conducted at intervals of not more than one year up to the age of 21 years. 2. Article 4, paragraph 4. In its previous comments the Committee has drawn the Government’s attention to the need to require the employer to include in the records he must keep for persons employed or who work in the underground part of the mine, and who are under 21 years of age: (a) the date of birth, duly certified wherever possible; (b) an indication of the nature of their occupation; (c) a certificate which attests fitness for employment, but does not contain medical data. The Committee noted with interest the Government’s indication that the Ministry of Labour was preparing a form to be used by enterprises in the public and private sector for keeping the compulsory records of their employees under 21 years of age, indicating the nature of their occupations, wages, training, medical examinations, level of education and other particulars. The Committee hopes that the information to be recorded includes the date of birth, duly certified where possible, and a certificate attesting to fitness for employment. It asks the Government to provide a model form as soon as it has been approved and the text of the provisions requiring employers to keep such records. 3. Article 4, paragraphs 1 and 2. The Committee asks the Government in its next report to supply information on the practical activities undertaken to ensure the effective application of the Convention and the corresponding legislation, stating in particular the number of inspection visits carried out by the various competent services, any infringements reported and the penalties imposed.
1. Article 2, paragraph 1, of the Convention. The Committee notes that in its report the Government indicates that the Committee’s comments on the application of the Convention will be taken into account in the Regulations of the Act on Health, Occupational Safety and Welfare and in the Regulations on Medical Services in Enterprises which are in the process of being drafted. The Committee hopes that there will be specific provisions in the above legislation on the medical examination of young person employed underground. The Committee draws the Government’s attention to the need to make this medical examination mandatory and to ensure that it certifies not only the young person’s state of health, but also his fitness for carrying out such work. Furthermore, for many years the Committee has been pointing out that, in view of the health hazards of underground work in mines, such examinations should, in accordance with the Convention, be conducted at intervals of not more than one year up to the age of 21 years.
2. Article 4, paragraph 4. In its previous comments the Committee has drawn the Government’s attention to the need to require the employer to include in the records he must keep for persons employed or who work in the underground part of the mine, and who are under 21 years of age: (a) the date of birth, duly certified wherever possible; (b) an indication of the nature of their occupation; (c) a certificate which attests fitness for employment, but does not contain medical data.
The Committee noted with interest the Government’s indication that the Ministry of Labour was preparing a form to be used by enterprises in the public and private sector for keeping the compulsory records of their employees under 21 years of age, indicating the nature of their occupations, wages, training, medical examinations, level of education and other particulars. The Committee hopes that the information to be recorded includes the date of birth, duly certified where possible, and a certificate attesting to fitness for employment. It asks the Government to provide a model form as soon as it has been approved and the text of the provisions requiring employers to keep such records.
3. Article 4, paragraphs 1 and 2. The Committee asks the Government in its next report to supply information on the practical activities undertaken to ensure the effective application of the Convention and the corresponding legislation, stating in particular the number of inspection visits carried out by the various competent services, any infringements reported and the penalties imposed.
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 matters raised in its previous direct request, which reads as follows:
1. Article 2, paragraph 1, of the Convention. The Committee notes that in its report the Government indicates that the Committee's comments on the application of the Convention will be taken into account in the Regulations of the Act on Health, Occupational Safety and Welfare and in the Regulations on Medical Services in Enterprises which are in the process of being drafted. The Committee hopes that there will be specific provisions in the above legislation on the medical examination of young person employed underground. The Committee draws the Government's attention to the need to make this medical examination mandatory and to ensure that it certifies not only the young person's state of health, but also his fitness for carrying out such work. Furthermore, for many years the Committee has been pointing out that, in view of the health hazards of underground work in mines, such examinations should, in accordance with the Convention, be conducted at intervals of not more than one year up to the age of 21 years.
2. Article 4, paragraph 4. In its previous comments the Committee has drawn the Government's attention to the need to require the employer to include in the records he must keep for persons employed or who work in the underground part of the mine, and who are under 21 years of age: (a) the date of birth, duly certified wherever possible; (b) an indication of the nature of their occupation; (c) a certificate which attests fitness for employment, but does not contain medical data.
The Committee noted with interest the Government's indication that the Ministry of Labour was preparing a form to be used by enterprises in the public and private sector for keeping the compulsory records of their employees under 21 years of age, indicating the nature of their occupations, wages, training, medical examinations, level of education and other particulars. The Committee hopes that the information to be recorded includes the date of birth, duly certified where possible, and a certificate attesting to fitness for employment. It asks the Government to provide a model form as soon as it has been approved and the text of the provisions requiring employers to keep such records.
The Committee takes note of the information supplied by the Government in its last report.
1. Article 2, paragraph 1, of the Convention. In the comments it has been making for a number of years, the Committee has drawn the Government's attention to the need to take the necessary measures to ensure that, in the case of persons of under 21 years of age employed, or working underground in mines, periodical examinations are carried out at intervals of not more than one year in accordance with this provision of the Convention.
In its 1986 report the Government indicated that the general regulations to apply the Convention could be issued when the National Council of Occupational Health, Safety and Welfare, envisaged in Legislative Decree No. 16998 of 1979, came into operation. The Committee notes from the information in the Government's last report that the above Council still is in the process of being reconstituted and that it is expected to deal with this matter in due course. It also notes the Government's indication that the regulation of the medical examination and underground work of young persons is the joint responsibility of the Ministry of Labour and other state bodies, and trusts that, regardless of the future of the National Council of Occupational Health, Safety and Welfare which is provided for in the Legislative Decree of 1979 but which has not yet been constituted, the necessary steps will be taken at an early date to adopt regulations giving effect to the Convention, and that the Government will not fail to report on the matter.
Article 4, paragraph 4. In its previous comments, the Committee drew the Government's attention to the need to ensure that employers include in the records they are required to keep for all persons under the age of 21 employed or working underground: (a) the date of birth, duly certified wherever possible; (b) an indication of the nature of their occupation; (c) a certificate which attests their fitness for employment.
The Committee notes with interest the indications in the Government's last report that the Ministry of Labour is in the process of devising a record form for compulsory use by public and private sector enterprises employing persons under 21 years of age, to record the nature of their occupation, wages, training, medical examinations, level of education and other particulars. The Committee hopes that these particulars will include the date of birth, duly certified where possible and a certificate attesting fitness for work. It asks the Government to provide a sample of the form as soon as it has been approved along with a copy of the provisions requiring employers to keep the corresponding records.
3. Article 4, paragraphs 1 and 2. The Committee asks the Government to provide information in its next report on the practical steps taken to ensure the effective enforcement of the Convention and the relevant legislation, specifying the number of inspection visits carried out by the various departments involved, any infringements registered and the sanctions imposed.
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 which were raised in its previous direct request.
The Committee noted the information supplied by the Government in its report.
It had requested the Government to take the necessary measures in order to ensure that, in the case of persons less than 21 years of age, periodical examinations are carried out at intervals of not more than one year in accordance with Article 2, paragraph 1, of the Convention. The Government stated in its report of 1986 that the National Council of Occupational Health, Safety and Welfare, envisaged in Legislative Decree No. 16998 of 1979, would come into operation in the near future, and would take the necessary measures to ensure that effect was given to this provision of the Convention in all the sectors in question. The Committee noted this statement. It requests the Government to inform it of any developments in this respect. The Committee also requests the Government to indicate the measures that it is planning to take to bring employers to:
- keep records, in accordance with Article 4, paragraph 4, containing, in respect of persons under 21 years of age, their date of birth, and an indication of the nature of their occupation and a certificate attesting fitness for employment; and to
- make available to the workers' representatives at their request, the above information, in accordance with the provisions of Article 4, paragraph 5.
The Committee takes note of the information supplied by the Government in its report.
It had requested the Government to take the necessary measures in order to ensure that, in the case of less than 21 years of age, periodical examinations are carried out at intervals of not more than one year in accordance with Article 2, paragraph 1, of the Convention. The Government states in its report that the National Council of Occupational Health, Safety and Welfare, envisaged in Legislative Decree No. 16998 of 1979, which will come into operation in the near future, will take the necessary measures to ensure that effect is given to this provision of the Convention in all the sectors in question. The Committee notes this statement and requests the Government to inform it of any developments in this respect. The Committee also requests the Government to indicate the measures that it is planning to take to bring employers to: