Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) - Cuba (Ratification: 1980)

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 2015, published 105th ILC session (2016)

Legislation. The Committee notes the significant legislative changes adopted in 2013 and 2014, to which it refers in greater detail in its comments on the application of the Occupational Safety and Health Convention, 1981 (No. 155). It also notes the adoption in 2011 of Cuban standard (NC) No. 871 on noise in the working environment. The Committee notes that the Government has not provided information on the manner in which this legislation changes the application of the present Convention. The Committee requests the Government to provide information on the manner in which the new legislation gives effect to each of the Articles of the present Convention, with an indication of the relevant provisions of the legislation, including detailed information on the effect given to Article 8 of the Convention (exposure limits).

Application of the Convention in practice. The Committee notes that the information provided by the Government is of a general nature and does not refer the present Convention. The Committee requests the Government to provide information on the application of the Convention in practice and to submit with its next report extracts from inspection reports, as well as information on the number of workers covered by the relevant legislation and other measures adopted to give effect to the Convention, the number and nature of contraventions reported and the measures taken in this regard.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes the information contained in the Government’s report.

2. Part IV of the report form. Application of the Convention in practice. The Committee notes with interest the Government’s reference to the activities of the National Occupational Safety and Health Group, which was established to ensure the application in practice of national legislative provisions and is made up of representatives of the central administration of the State, national trade unions, heads of provincial occupational health programmes of the Ministry of Public Health, and occupational safety subdirectors from provincial labour directorates. The Government indicates in its report that the objectives of this Group are as follows: to assess the occupational safety and health situation and provide guidance in respect of the policies and actions to be adopted by bodies and provinces in order to contribute to reducing cases of occupational accidents and work-related deaths; to strengthen the Protected Areas Movement (Movimiento de Areas Protegidas), as a basis for mass movements to improve working conditions, reduce accidents, fires and occupational illnesses and create a culture of occupational safety and health; and to strengthen communication-related work, by stepping up the activities of the public welfare campaign on occupational safety and health, and through activities relating to the National Occupational Safety and Health Day. The Committee notes the statistical information on occupational illnesses diagnosed in the country in 2003 and 2004, which shows a general reduction in the number of cases of illnesses, yet an increase in some of them. The Committee asks the Government to continue providing information on the application of the Convention in practice and to send, with its next report, extracts from inspection service reports and information indicating the number of workers covered by the measures adopted to apply the Convention, and the number and nature of the violations that have been reported.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes with interest the Government's reply to its previous comments concerning the national system of statistical information and statistical data on occupational safety and health. It notes in particular the statistics regarding occupational safety and health inspection contained in the report. The Committee hopes the Government will continue to include, in its future reports, information on the practical application of the Convention, including extracts from the reports of the inspection services, as well as information on the number of workers covered by the relevant legislation, and the number and nature of contraventions reported, as called for under Part IV of the report form.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

In its previous comments, the Committee has requested the Government to provide statistics on the number of workers covered by the legislation relevant to the Convention and the number and nature of any contraventions reported, in accordance with point IV of the report form. In its latest report, the Government has indicated that contacts with the Ministry of Public Health are being pursued with a view to installing a System for Statistical Information at the national level which would permit collection of the statistics called for in the report form. The Government has also referred to its report under the Labour Inspection Convention No. 81 and its annual inspection report for the year 1992 which provides general information and statistics on the number and type of inspection visits carried out and the number and nature of occupational accidents. While the Committee has noted that the inspection report does not provide statistics concerning occupational diseases, it does also note the information provided by the Government under Convention No. 81 concerning the powers and functions of the State Sanitary Inspectorate under the Ministry of Public Health with respect to the preventive and remedial action to be taken to ensure the protection of workers' health. The Government is requested to keep the Office informed of the progress made in fully establishing the National System for Statistical Information concerning Occupational Medicine and to continue to provide any statistics available concerning the practical application of the Convention.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Further to its previous comments, the Committee notes the information provided in the Government's report to the effect that a National System for Statistical Information concerning Occupational Medicine has recently begun its work but that it will be necessary to wait until its complete introduction into the national system in order to obtain its results. The Committee would recall that point IV of the report form requests member States which have ratified the Convention to provide extracts from inspection service reports which would indicate the manner in which the Convention is applied. Point IV also calls for information to be provided, where such statistics exist, on the number of workers covered by the legislation and other measures, as well as on the number and nature of the contraventions reported. The Committee hopes that the National System for Statistical Information concerning Occupational Medicine will be in a position to compile the relevant statistics in the near future and requests the Government to indicate in its next report the progress made in this regard.