White Lead (Painting) Convention, 1921 (No. 13) - Cuba (Ratification: 1928)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comments: C.148, C.155 and C.187

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. 13 (white lead), 45 (underground work (women)), 120 (hygiene (commerce and offices), 136 (benzene), 148 (air pollution, noise and vibration), 155 (OSH) and 187 (promotional framework for OSH) together.

Application in practice of Conventions Nos 13, 120, 136, 148, 155 and 187. The Committee requests the Government to provide information on the application in practice of the ratified OSH Conventions, including the number, nature and cause of occupational accidents and diseases reported, as well as information on the inspection activities carried out, including the number of investigations and inspections conducted and the number of violations detected, corrective measures applied and the penalties imposed.

General provisions

Occupational Safety and Health Convention, 1981 (No. 155) and Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)

• Measures at the national level

Article 2(3) of Convention No. 187. Measures that could be taken to ratify relevant OSH Conventions. In relation to it previous comments, the Committee notes the Government’s indication that there are plans to consider the ratification of the Protocol of 2002 to the Occupational Safety and Health Convention, 1981, the Occupational Health Services Convention, 1985 (No. 161) and the Safety and Health in Mines Convention, 1995 (No. 176). The Committee requests the Government to continue to provide information on the measures that could be taken to ratify relevant OSH Conventions, including the Protocol of 2002 and Conventions Nos 161 and 176. It also requests the Government to provide information on the consultations held in this respect with the most representative employers’ and workers’ organizations.

Article 4(3)(a) of Convention No. 187. National system. Tripartite advisory body. In relation to it previous comments, the Committee notes the Government’s information that the country has a mechanism composed of governmental bodies responsible for OSH (Ministry of Labour and Social Security, Ministry of Public Health, Ministry of the Interior and Science, Technology and the Environment), the Central Organization of Workers of Cuba and the National Organization of Cuban Employers. The Committee requests the Government to provide information on the OSH issues addressed within the framework of the above-mentioned national tripartite mechanism, as well as the frequency of the meetings held.

Article 4(3)(h) of Convention No. 187. Micro, small and medium-sized enterprises. In response to its previous comments, the Committee notes the Government’s information that: (i) Legislative Decree No. 44 of 2021 on the exercise of own-account work establishes the obligation of own-account workers to comply with OSH standards (section 26(g)); (ii) Legislative Decree No. 45 of 2021 on personal penalties in the exercise of own-account work provides for penalties for violations of OSH-related labour law (section 11.1(c)); and (iii) under section 9 of Legislative Decree No. 46 of 2021 on micro, small and medium-sized enterprises, and section 74(d) of the 2013 Labour Code, OSH conditions are guaranteed in micro, small and medium-sized enterprises.

The Government also reports that the National Programme for strengthening OSH 2021–25 covers all economic actors, including micro, small and medium-sized enterprises, and aims to improve working conditions and reduce work-related deaths. The Committee requests the Government to continue to provide information on the measures adopted within the framework of the above National Programme, including the number and content of the training sessions delivered to micro, small and medium-sized enterprises, and their impact on the reduction of occupational accidents and diseases.

Article 5 of Convention No. 187. National programme. In relation to its previous comments, the Committee notes the Government’s information that the National Programme for strengthening OSH 2021–25: (i) was drawn up following consultation with the governmental bodies that govern the branches and activities, and the higher-level top management organizations; and (ii) takes into account the OSH problems identified, the new forms of work organization, as well as the Third Ibero-American OSH Strategy adapted to the Cuban context, which covers effective and safe work procedures and processes, and the improvement of working conditions in workplaces.

The Government also reports that from an evaluation based on accident indicators, such as incidence, frequency, severity and mortality rates, a reduction in occupational injuries and accidents can be noted due to the implementation of appropriate measures in workplaces; and as from 2023, the adherence to planning and the effectiveness of measures to address occupational risks will be measured by means of a digital tool. The Committee requests the Government to provide information on the evaluation carried out of the National Programme for 2021–25, including its eight strategic action lines, in consultation with the most representative workers’ and employers’ organizations, and on how this evaluation contributes to the development of the national programme for the next period. It also requests the Government to provide information on the measures adopted to ensure the development, implementation and monitoring of the new national programme for the next period in consultation with the most representative workers’ and employers’ organizations. It also requests the Government to provide information on the measures taken to ensure that the national programme is widely publicized and, to the extent possible, endorsed and launched by the highest national authorities, in accordance with Article 5(3) of the Convention.

• Measures at the enterprise level

Article 17 of Convention No. 155. Collaboration between enterprises engaged in activities simultaneously at one workplace. In relation with its previous comments in which the Committee noted that the Regulations of the 2014 Labour Code only prescribe OSH-related collaboration between two employers at one workplace with respect to investigation into occupational accidents, the Committee notes the Government’s indication that: (i) there are no limitations to collaboration engaged in activities simultaneously at one workplace; and (ii) an example of such collaboration is that between the Ministry of Energy and Mines and the Ministry of Communication for electrical plant works. The Committee requests the Government to continue to provide information on the measures taken in practice to ensure that, whenever two or more undertakings engage in activities simultaneously at one workplace, they shall collaborate in OSH-related issues, in accordance with Article 17 of the Convention, including the measures taken in this regard in the joint work of the Ministry of Energy and Mines and the Ministry of Communication.

Protection against specific risks

Benzene Convention, 1971 (No. 136)

Legislation. The Committee notes the adoption of Decision No. 253 of 2021, establishing the Regulations for the handling of hazardous chemicals for industrial use, population consumption and hazardous waste. It notes that according to Annex I of the above-mentioned Decision, the use, production, import and export of certain chemicals containing benzene are prohibited. The Committee notes this information.

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Legislation. In response to its previous comments, the Committee notes the Government’s indications relating to the legal provisions that give effect to Articles 4, 5, 8, 13 and 16 of the Convention. In this regard, it notes that the Labour Code establishes the obligation of employers to instruct workers on occupational hazards and procedures for carrying out their work in a safe and healthy manner (section 135), as well as the enforcement labour legislation and implementation of measures set out by the labour inspectorate (sections 190, 191,192 and 193). It also notes that the Regulations of the Labour Code, Decree No. 326 of 2014, set out the preventive actions to be incorporated into an annual OSH programme approved by the manager of the undertaking with the agreement of the trade union organization (section 152); the collaboration between employers and workers to determine the jobs that, because of the hazards they pose, require periodic instruction, and the frequency with which these should be given (sections 153 and 154 in fine); and the infringements of fundamental rights relating to OSH (section 228(a) and (f)).

With regard to the application of Article 8 of the Convention, the Committee notes that Cuban Standard No. 871 of 2011 sets out the criteria for defining the risks of exposure to noise pollution (sections 3.5, 3.19 and 3.20), as well as the exposure limits (sections 3.1, 4.1, 4.5 and 4.6). The Committee requests the Government to provide information on the measures taken to give effect to Articles 11(2), 12 and 15, as well as Articles 8(1), (2) and (3) and 9(a) and (b) of the Convention relating to air pollution and vibration. With regard to Article 6(2) of the Convention, the Committee refers to its previous comments on Article 17 of Convention No. 155.

Protection in specific branches of activity

Underground Work (Women) Convention, 1935 (No. 45)

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism Tripartite Working Group, classified this Convention as an outdated instrument, and placed an item on the agenda of the 112th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also requested the Office to take follow-up action to actively encourage the ratification of up-to-date instruments relating to OSH, including, but not limited to, the Safety and Health in Mines Convention, 1995 (No. 176), and to undertake a campaign to promote the ratification of Convention No. 176. The Committee therefore encourages the Government to give effect to the decision of the Governing Body at its 334th Session (October–November 2018) approving the recommendations of the Standards Review Mechanism Tripartite Working Group and to consider the possibility of ratifying the most up-to-date instruments in this subject area.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Part V of the report form. Application in practice. The Committee notes that the statistics provided in the inspection report on the list of occupational diseases diagnosed in 2009 does not refer to diseases caused by the use of white lead and that violations of the provisions of the Convention were not identified. The Committee requests the Government to continue providing information on the application of the Convention.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the detailed information contained in the Government's report and the legal texts that have been communicated. It also notes the Government's information to the effect that there is still no official register of statistical data on morbidity and mortality due to lead poisoning. The Committee notes that the Ministry of Public Health, which is the body responsible for such matters, is to take the necessary measures to compile statistics on occupational diseases. The Committee hopes that the Government will continue to supply information on any progress made and that it will provide statistics on lead poisoning, in accordance with Article 7 of the Convention and the report form.

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

The Committee notes with interest the information supplied by the Government concerning the manner in which the employers' and workers' organisations concerned shall be consulted in conformity with Article 1, paragraph 1, Article 3, paragraph 2, and Article 6 of the Convention. The Government is requested to provide additional information, in its next report, on the following points:

1. The Government has indicated in its report that the following standards ensure the application of Articles 5, 6 and 7 to operations involving the use of white lead, sulphate of lead and products containing these pigments in the external painting of buildings: 19-00-02 (Basic Occupational Health), 19-00-08 (Organisational and Technical Measures in the Workplace), 19-01-02 (Toxic Substances), 19-00-04 (Organisation of the Training of Workers in Occupational Safety and Health) and 19-03-34 (General Safety Requirements concerning White Lead and its Compounds). The Government is requested to provide copies of these standards with its next report.

2. Article 3, paragraph 1. The Committee notes the information provided by the Government that, in the interest of equality of opportunity, the legislation which previously provided a list of prohibited employment for women, including painting work involving the use of white lead, was replaced by a list of jobs not recommended for women due to their physical constitution. The Committee, nevertheless, recalls that Article 3 of the Convention provides that the employment of all females shall be prohibited in any painting work of an industrial character involving the use of white lead or sulphate of lead or other products containing these pigments. It would point out that it is possible to ensure equality of opportunity while still ensuring the application of this Article of the Convention by prohibiting all painting work of an industrial character involving the use of white lead. The use of white lead in painting work has already been prohibited by some countries in the interest of safety and health at work and in the environment, as technically superior and safer pigments now exist. The Government is requested to provide information in its next report on the number of women actually employed in painting work involving the use of white lead and to indicate the measures taken or envisaged to ensure that the employment of women in such work is prohibited, in conformity with this Article of the Convention.

3. Article 7. The Committee notes from the Government's report that it has not been able to collect statistics on the cases of morbidity or mortality due to lead poisoning. It notes that, under section 7.10.1 of the Occupational Hygiene and Safety Standard NC 19-03-34, employers are to notify the State Labour and Social Security Committee (CETSS) of cases or suspected cases of lead poisoning and that, by virtue of section 7.10.2, the CETSS will establish statistics on cases of lead poisoning in working painters. The Government is, therefore, requested to indicate the statistical method adopted in this regard and to supply the statistics obtained in its next report. Furthermore, the Committee notes that the above-mentioned Standard NC 19-03-34 does not apply to painting work on the outside of buildings. The Government is therefore requested to indicate the measures taken to determine statistics as to morbidity or mortality with regard to lead poisoning among all working painters, including those involved in painting operations carried out on the outside of buildings.

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

From the information supplied by the Government in reply to its previous direct request, the Committee notes that the Occupational Hygiene and Safety Standard NC 19-03-34 of 1985 concerning general safety requirements in works using paintings is the legislative text giving effect to the Convention. The Committee would be grateful if the Government would supply additional information on the following points in its next report.

1. Please indicate the manner in which the concerned employers' and workers' organisations have been and, where required, continue to be consulted in conformity with Article 1, paragraph 1 of the Convention (authorising exemptions to the general prohibition); Article 3, paragraph 2 (permitting the employment of apprentices), and Article 6 (taking of steps to ensure the observance of the regulations implementing the Convention).

2. The Committee notes that the provisions contained in Section 7 of the Standard closely conform to those of the Convention. However, by virtue of the introductory clause, the Standard as a whole does not apply to the external painting of buildings. The Committee would point out that Articles 5, 6 and 7 of the Convention require the regulation of the use of white lead, sulphate of lead and all products containing these pigments in all operations, including the external painting of buildings. Please indicate the measures which have been taken or are envisaged to extend the application of Section 7 of the Standard to the external painting of buildings.

3. Please indicate the manner in which instructions concerning hygienic precautions to be taken in the painting trade are distributed to working painters in conformity with Article 5, paragraph IV, of the Convention.

4. Article 3, paragraph 1. The Committee notes that Section 1.11 of the Standard prohibits pregnant women and women of reproductive capacity from employment in works using painting. In this connection the Committee refers to its comments in paragraphs 60 to 63 of its general report. The Committee would be grateful if the Government would provide information in its next report on the practical application of this paragraph of the Convention.

5. Please supply the statistics called for by Article 7 of the Convention on cases of mortality and mortality caused by lead poisoning.