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Radiation Protection Convention, 1960 (No. 115) - Uruguay (Ratification: 1992)

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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 2015, published 105th ILC session (2016)

General observation of 2015. The Committee would like to draw the Government’s attention to its general observation of 2015 under this Convention, and in particular to the request for information contained in paragraph 30 thereof.

Article 14 of the Convention. Discontinuation of assignment to work involving exposure to ionizing radiation pursuant to medical advice and alternative employment. The Committee notes that the Government has not replied to its previous request relating to this Article of the Convention. It reminds the Government that, in accordance with this Article, it must take all necessary measures to ensure that workers are not employed or do not continue to be employed in work that may expose them to ionizing radiation where this is inadvisable for medical reasons. Furthermore, the Committee wishes to draw the Government’s attention to paragraph 40 of its general observation of 2015 according to which employers should make all reasonable efforts to provide workers with suitable alternative employment in circumstances for which it has been determined that workers, for health reasons, may no longer continue in employment in which they are, or could be, subject to occupational exposure. The Committee once again requests the Government to take measures to ensure that no workers shall be employed, or shall continue to be employed, in work that may expose them to ionizing radiation contrary to qualified medical advice. The Committee also invites the Government to provide information on any measures taken or envisaged regarding offers of alternative employment to such workers.

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

Legislation. The Committee notes revised version No. 1 of the Basic Radiological Protection and Safety Regulations (standard UY100), which maintains the values referred to by the Committee in its previous comments. It also notes that a draft Act on radiological protection and safety has been before Parliament for examination since 2006. The Committee requests the Government to continue to supply information on any new developments in this respect.

Article 14 of the Convention. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. In its previous comments the Committee drew the Government’s attention to paragraph 32 of its 1992 general observation under the Convention, which states that every effort must be made to provide the workers concerned with suitable alternative employment or to maintain their income through social security measures or otherwise where continued assignment to work involving exposure to ionizing radiation is found to be medically inadvisable. The Committee asked the Government to supply information on the measures taken to ensure the application of this Article of the Convention. The Committee notes that the Government merely replies that the State Insurance Bank, through its professional staff, assesses the risks to which workers may be exposed and the consequences thereof. The Committee notes with regret that this statement does not contain the requested information. The Committee again requests the Government to take all appropriate measures to ensure that no worker shall be employed, or shall continue to be employed, in work by reason of which the worker could be the subject of exposure to ionizing radiation contrary to medical advice and that for such workers, every effort is made to provide them with suitable alternative employment or to offer them other means to maintain their income and requests the Government to keep it informed in this respect.

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

1. Further to its observation, the Committee notes the Government’s latest report, as well as the adoption of Basic regulation of radiological protection and safety, Norma UY100, approved by resolution of 28 June 2002 of the Ministry of Industry, Energy and Mining. It requests the Government to provide supplementary information on the following point.

2. Article 14 of the Convention. Alternative employment or other measures offered for maintaining income when continued assignment to work involving exposure is medically inadvisable. With reference to its previous comments regarding the Government’s indications related to the approval of resolution No. 9 of 12 November 1990 on basic standards on radiological protection, issued by the National Directorate of Nuclear Technology, which follows the philosophy enshrined in the Convention with regard to the offer of alternative employment to workers whose continued assignment to work involving exposure to ionizing radiation would be contraindicated for health reasons, the Committee notes that the Government’s latest report contains no information in this respect. In this context, the Committee wishes to draw the Government’s attention to paragraph 32 of its 1992 general observation under the Convention where it is indicated that every effort must be made to provide the workers concerned with suitable alternative employment or to maintain their income through social security measures or otherwise where continued assignment to work involving exposure to ionizing radiations is found to be medically inadvisable. The Committee requests the Government to provide in its next report information on measures taken to ensure the application of Article 14 of the Convention with due regard being given to the Committee’s general observation of 1992 under this Convention.

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

1. The Committee notes with satisfaction the adoption of Basic regulation of radiological protection and safety, Norma UY100, approved by resolution of 28 June 2002 of the Ministry of Industry, Energy and Mining, which establishes legally-fixed dose limits of exposure for various categories of workers (Article 1, Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention), a dose limit of ionizing radiation, of the same level as for the general public, for workers not directly engaged in radiation work, but who remain or pass through places where they may be exposed to ionizing radiation (Article 8), the requirement to elaborate and supervise training programmes for workers, as well as to install an identification system for sources of potential exposure to radiation (Article 9), the requirement to draw up medical supervision programmes for workers (Article 13(a)), the arrangements to carry out inspection activities of the National Directorate of Nuclear Technology (Article 15) and the necessary arrangements for emergency situations and accidents.

2. The Committee is addressing a request directly to the Government on certain other matters.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s last report and the information communicated in response to its previous comments. It would draw the Government’s attention to the following points on which additional information is required.

1. Article 1, Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention. The Committee notes the Government’s indication that currently Decree No. 406/88 of 3 June 1988 to revise regulatory provisions on occupational safety and health to conform to new labour conditions and Decree No. 519/984 of 21 November 1984 to regulate activities relating to the use of radioactive materials and ionizing materials are the main legislative texts applicable in the area of radiation protection. The Government, however, confirms the Committee’s previous comments that the above Decrees only partly give effect to the provisions of the Convention. In this context, the Committee notes Act No. 16.736 of 5 January 1996 on the National Budget, which contains in its paragraph 8 certain provisions related to radiation protection. However, there are no provisions establishing dose limits of workers’ exposure to ionizing radiations. The Government nevertheless indicates that the Recommendations of the International Commission on Radiological Protection (ICRP), the organization internationally recognized for its assessments of the state of the art in this field which provides inter alia for dose limits of workers’ exposure, are applied. The Committee accordingly requests the Government to indicate the manner in which the ICRP Recommendations are implemented and thus are binding at the national level. In this respect, the Committee further notes the Government’s indication that the Radiological Protection Bill, submitted to Parliament during the previous legislative period, incorporates the ICRP Recommendations, which are reproduced in the 1994 International Basic Safety Standards. The Bill, once it is in force, will oblige the users of radiation sources to meet the requirements set up to attain an effective control of ionizing radiation sources in the country, as well as to apply the requirements established for adequate working procedures with regard to the use of protective elements for workers, patients and the general public. The Committee, observing that the Radiological Protection Bill is under consideration since 1995, hopes that its adoption will take place in the near future; and that it will contain, inter alia, provisions setting forth exposure limits for the various categories of workers which replicate the latest Recommendations of the ICRP of 1990 and are reflected in the 1994 International Basic Safety Standards, in order to ensure effective protection of workers exposed to ionizing radiation in the course of their work, as provided for in these Articles of the Convention.

2. Article 8. With reference to the Committee’s previous comments, the Government limits itself to reiterate the content of section 24 of Decree No. 406/88, according to which the dose limit of ionizing radiation for workers not directly exposed in the course of their work, but who remain or pass through places where they may be exposed to ionizing radiation, is to be established at the same level as for the general public. The Committee, therefore, expresses again the hope that the Government will take the necessary measures to establish the dose limit of exposure for the general public. In this respect, the Committee recalls to the Government that the annual dose limit recommended by the ICRP in 1990 for the general public is 1 mSv.

3. Article 9. The Committee notes the Government’s indication that the signs for indicating dangers are those recommended by the International Atomic Energy Agency in its Basic Safety Standards, and that the existence of warning signs placed at the entrance within these areas are under supervision. Although the frequency of inspections regarding the existence of these signs is not regulated, in practice there are annual inspections in high-risk and medium-risk areas and inspections every two years in low-risk areas. The Committee requests the Government to give further particulars on the concrete warning systems used, and to indicate the manner in which the degree of risk is determined, which then influences the frequency of inspections. As to the requirement to provide the necessary information on the warning systems to the workers, the Government repeats the information given in its previous report to the effect that plans are currently being made with the National University to improve the level of training relating to radiological protection. The Committee, with a view to the time elapsed since the activities on the issue have been started with the National University, requests the Government to indicate whether any results have already been obtained to guarantee that the workers concerned are in fact provided with the necessary information on radiation protection. In this respect, the Committee would recall the importance of thorough information of the workers concerned representing a prerequisite for providing effective protection to them against the dangers arising from their exposure to ionizing radiations.

4. Article 13(a). With regard to the medical examination of workers in specified circumstances resulting from the nature or degree of their exposure, the Committee notes the Government’s indication that, in cases of injuries to workers of "probable radiological origin", subsequent studies are carried out in the offices of the National Commission on Atomic Energy of the Republic of Argentina. The Committee requests the Government to give particulars on the nature of this study and to indicate whether these studies also comprise medical examinations of the workers concerned.

5. Article 14. With regard to the provision of alternative employment possibilities to workers having prematurely accumulated their lifetime dose of ionizing radiation and to pregnant women, the Committee notes with interest the Government’s indication on the approval of resolution No. 9 of 12 November 1990 on Basic Standards on Radiological Protection, issued by the National Directorate of Nuclear Technology, which follows the philosophy enshrined in the Convention with regard to the offer of alternative employment possibilities to workers whose continued assignment to work involving exposure to ionizing radiation would be contraindicated for health reasons. While the above resolution is not available to the Committee, it was not possible to determine the extent to which the resolution would give effect to this principle derived from Article 14 of the Convention. It therefore would be grateful if the Government would communicate, with its next report, a copy of the above resolution for examination.

6. Article 15. The Committee notes the Government’s indication concerning the different competent authorities in the field of radiation protection and their responsibilities. As to the inspections, section 2 of Decree No. 519/84 confers the power to carry out inspections to the National Commission on Atomic Energy. Further to its previous comments, the Committee requests the Government to give additional information on the manner in which the inspections are carried out. To this effect, the Committee would ask the Government to supply extracts of inspection reports containing the relevant information on the methods used during the inspection of enterprises where workers are exposed to ionizing radiation in the course of their work.

7. Emergency situations and accidents. The Committee notes the Government’s indication that it has ratified through Act No. 16.075 of 11 October 1989, the Conventions on the immediate notification of nuclear accidents and on assistance in cases of nuclear accidents or radiological emergencies, approved by the General Conference of the International Atomic Energy Agency on 26 September 1986. The Committee further notes the Government’s indication that article 13 of resolution No. 9 of 12 November 1990 on Basic Standards on Radiological Protection, issued by the National Directorate of Nuclear Technology, provides for prior authorization in the case of workers’"planned special exposure". The Committee would draw again the Government’s attention to the indications given in paragraphs 16-27 and 35(c) of its 1992 general observation under the Convention. In particular, paragraph 19, referring to the ICRP Recommendations, indicates that the ICRP no longer includes the notion of "planned special exposure". Regarding the limitation of occupational exposure in emergencies, the ICRP now concludes that occupational exposure directly due to an accident can be limited only by the design of the plant and its protective features and by the provision of emergency procedures. The Committee, therefore, hopes that the Government will take the necessary measures in the framework of the examination of the Radiation Protection Bill, i.e. the insertion of provisions on workers’ exposure in emergencies reflecting the matters raised in paragraphs 16-27 and 35(c) of its 1992 general observation.

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

The Committee notes the information provided by the Government in its report for the period from 1 July 1994 to 30 July 1996.

1. Article 1 of the Convention. The Committee notes the information supplied by the Government in which it indicates that the Radiological Protection Bill has been submitted to Parliament which is currently examining and debating it. The Committee notes that for the purposes of preparing the Bill, a working group was set up comprising representatives of public and private institutions and professional associations and trade unions working in the field of ionizing radiation. The Committee requests the Government to provide a copy of the final text once it has been adopted.

2. Article 3, paragraph 1, and Article 6, paragraph 2. The Committee notes with interest that in its report, the Government indicates that the recommendations made by the International Commission on Radiological Protection (ICRP) and the International Atomic Energy Agency are being applied, and that these recommendations will be implemented in the draft legislation. The Government also indicates that once the Radiological Protection Bill has been adopted, users will be obliged to meet requirements set to achieve effective control of the sources of ionizing radiation, as well as requirements relating to working procedures appropriate to the use of protective elements for workers, patients and the general public. The Committee requests the Government to provide information on any developments in this regard.

3. Article 8. Noting that section 24 of Decree No. 406/88 establishes the dose limit of ionizing radiation for workers not exposed in the course of their work, but who remain in or pass through places where they may still be exposed to ionizing radiation, at the same level as for the general public. Referring to the Radiological Protection Bill, the Committee hopes that these limits will be included in the legislative text and will comply with the ICRP recommendations issued in 1990 and the 1994 International Basic Safety Standards.

4. Article 9. The Committee notes the information provided by the Government in which it indicates the requirement for the appropriate use of warnings in each report or calculation made regarding protection. The Government also states that during each inspection the operation of the warning systems is verified. The Committee requests the Government to indicate which warning systems are used, how often the inspections referred to are made and also, where appropriate, to supply information on the enterprises inspected and the checks made. With reference to appropriate information for and instruction of workers to ensure that suitable warnings are used, the Government indicates that plans are being made to improve levels of training by the National University on aspects relating to radiological protection. In this respect, the Committee requests the Government to indicate in its next report the practical and legislative measures taken or envisaged in relation to Article 9, paragraph 2.

5. Article 13, paragraph (a). In its previous request, the Committee asked the Government to indicate whether the investigations referred to in the Decree of 9 December 1942 relating to injuries of "probable radiological origin" included medical examinations for workers in cases of irradiation or radioactive contamination. In its report, the Government states that section 302 of Act No. 16.736 establishes the compulsory use of personal dosimetry for all persons exposed to ionizing radiation in the course of their work. This section also provides for authorization by DINATEN (National Nuclear Technology Directorate) to make exceptions in cases where this is justified. The Committee would be grateful if the Government would indicate the procedure for medical examinations conducted and provide information on the provisions applying in cases of irradiation or radioactive contamination which require an appropriate examination, together with details of the other measures provided for under this Article of the Convention.

6. Article 15. The Committee notes the information supplied by the Government to the effect that, according to section 2 of Decree No. 519/84, the national authority with supervisory powers over the use and application of radioactive substances and ionizing radiation is the National Atomic Energy Commission. The Committee requests the Government to indicate, in its next report, by what method such inspections will be made in enterprises whose activities involve the exposure of workers to ionizing radiation.

7. Alternative employment. (a) Accumulation of a lifetime dose. Noting that the Government has not replied to the question raised in paragraph 5 of its previous direct request, and referring to paragraphs 28 to 34 of its general observation of 1992 and the principles reflected in paragraphs 96 and 238 of the basic international standards issued in 1994, the Committee wishes once again to ask the Government to indicate what measures it has taken or intends to take in order to ensure that persons who do not show external signs of injuries, but who have accumulated exposure beyond which detriment considered unacceptable is to occur, may also benefit from the protection guaranteed by section 53 of the Executive Authority Decree of 9 December 1942.

(b) Pregnant women. Noting that Chapter III, section 25, paragraph (b), of Decree No. 406/88 expressly prohibits pregnant women and minors of both sexes under the age of 18 from working in conditions of exposure to ionizing radiation, the Committee requests the Government to indicate the measures taken or envisaged to guarantee the offer of alternative employment to pregnant women.

8. Emergency situations and accidents. Referring to paragraphs 16 to 27 and 35(c) of its general observation of 1992, and paragraphs 233 and 236 of the International Basic Safety Standards issued in 1994, the Committee requests the Government to indicate in its next report the circumstances in which exceptional exposure is authorized for workers, the measures taken or provided in order to ensure the most effective protection possible against accidents and during emergency operations, in particular with regard to the design and protective features of the workplace and equipment, and the development of emergency intervention techniques, the use of which in emergency situations would enable the exposure of individuals to ionizing radiation to be avoided.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes with interest the information supplied by the Government in its first report on the application of the Convention.

1. Article 1 of the Convention. The Committee notes the legislative texts provided by the Government with its report and in particular Decree No. 519/984 of 21 November 1984 to regulate activities relating to the use of radioactive materials and ionizing materials, Decree No. 406/988 of 3 June 1988 to revise regulatory provisions on occupational safety and health to conform to new labour conditions, and Executive Decree of 9 December 1942 to implement Act No. 9744 of 13 December 1937 concerning X-ray and radium services. The Committee further notes that a draft Act on Radiological Protection is currently being considered for approval, and requests the Government to supply a copy of the final text as soon as it is adopted. In this regard the Committee would draw the attention of the Government to the requirement under this Article of the Convention that in applying its provisions the competent authority shall consult with representatives of employers and workers, and would request the Government to indicate the measures taken or envisaged to meet this obligation.

2. Article 3, paragraph 1, and Article 6, paragraph 2. With regard to the maximum permissible doses of ionizing radiations which may be received from sources external or internal to the body and maximum permissible amounts of radioactive substances which can be taken into the body, the Committee notes the Government's indication in its report that the 1990 Recommendations of the International Commission of Radiation Protection and Recommendations of the International Atomic Energy Agency are applied. The Committee requests the Government to specify the manner in which these dose limits in effect are made known to enterprises engaged in activities that involve the exposure of workers to ionizing radiations.

3. Article 9. The Committee notes that the Government indicates in its report that in practice when it is determined during inspections that warnings to indicate hazards do not exist, the report established following such inspection requires that such warnings are used. It requests the Government to indicate the means under Article 1 of the Convention utilized to ensure that there are appropriate warnings to indicate the presence of hazards from ionizing radiations, and that any necessary information in this regard is supplied to the workers.

4. Article 13, paragraph (a). The Committee notes that section 53 of the Executive Decree of 9 December 1942 provides that when a worker incurs an injury that is probably of "radiological origin", he or she shall either be assigned to duties that are not "at risk" or be given special leave, as appropriate. Information regarding such injuries is then transmitted to the technical experts of the Ionising Radiation Accidents Medical Warning System so that they may carry out the necessary studies and investigations. The Committee requests the Government to indicate in its next report whether such necessary investigations include an appropriate medical examination of the injured worker as required under Article 13, paragraph (a) of the Convention.

5. Article 14. Referring to the afore-mentioned section 53 of the Executive Decree of 9 December 1942, the Committee also requests the Government to indicate the measures taken or envisaged to ensure that persons who show no apparent signs of injury but who by continuing to work may be subject to ionizing radiations contrary to qualified medical advice as a result of excessive exposure to ionizing radiations may benefit from the same provisions. In this regard, the Committee draws the attention of the Government to paragraphs 28 to 34 and 35(d) of its 1992 general observation regarding the provision of alternative employment opportunities not involving exposure to ionizing radiations for workers who have accumulated an effective dose beyond which detriment considered unacceptable is to arise.

6. Emergency exposure situations. The Committee notes that under section 15 of Decree No. 519/984 the National Atomic Energy Commission shall establish plans to confront emergencies that could have radiological effects in coordination and cooperation with other national authorities. With reference to paragraphs 16 to 27 and 35(c) of its general observation under the Convention and in the light of paragraphs 233 and 236 of the International Basic Safety Standards, the Committee requests the Government to indicate the steps taken in relation to the matters raised in the above paragraphs, in particular with respect to the strict definition of circumstances in which exceptional exposure might be tolerated, and the optimization of protection during accidents and emergency work through the design and protective features of the workplace and equipment and emergency planning for intervention relying on such techniques as robotized equipment.