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Occupational Health Services Convention, 1985 (No. 161) - Uruguay (Ratification: 1988)

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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).

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

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020) in which it provides information on the measures adopted to deal with the emergency health situation in the context of the COVID-19 pandemic.

COVID-19 measures. The Committee appreciates the Government's efforts to provide information on the OSH measures taken by the Government in the context of the COVID-19 pandemic, in particular the adoption of several decrees and resolutions relating to OSH. The Committee notes in particular Resolutions No. 52/020 (13 March 2020) and No. 54/020 (19 March 2020) of the Ministry of Labour and Social Security, agreed upon in a tripartite setting within the scope of the National Council for Occupational Safety and Health (CONASSAT), which set out provisions and recommendations for risk-prevention measures relating to COVID-19 in the area of work, as well as minimum guidelines to be included in the protocols for prevention, monitoring and action. The Committee also notes the Resolution of the General Inspectorate of Labour and Social Security of 14 April 2020, which provides for the establishment of special teams of labour inspectors, led by division directors and coordinators, to organize and monitor compliance with OSH measures within the context of the health emergency.

With regard to the other pending issues, the Committee reproduces the content of its comments adopted in 2019 below.

The Committee notes the observations of the Inter-Union Assembly of Workers – Workers’ National Convention (PIT-CNT) on the implementation of Convention No. 161, communicated with the Government’s report.

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

Articles 4, 7 and 8 of the Convention. Formulation of a national policy and adoption of legislation on occupational safety and health, in consultation with the representative organizations of employers and workers concerned. Further to its previous comments, the Committee notes that, within the framework of Act No. 19172 on the regulation and control of cannabis, and Decree No. 120/2014, regulating that Act, Decree No. 128/016 of 2 May 2016 has been adopted, establishing the procedure for the action in relation to the consumption of alcohol, cannabis and other drugs in the workplace. The Committee welcomes the Government’s indication in its report that draft Decree No. 128/016 was approved by CONASSAT in 2015.

The Committee notes that section 3 of Decree No. 128/016 provides that in joint health and safety bodies (created within the framework of Decree No. 291/007, which implements the provisions of the Convention), and in sectorial industrial relations bodies, systematic guidelines and procedures to detect situations in which alcohol and other drugs are being consumed shall be adopted, and actions shall be developed for consumption prevention and early detection, with a view to facilitating early intervention. The Committee also notes the Government’s indication in its report that in 2016 a sub-working group was established within CONASSAT to draw up a national OSH policy, and continued its activities in 2017. The Committee also notes the information provided by the Government on the adoption of a series of OSH decrees (Decrees Nos 119/017, 143/017 and 7/018) in consultation with the representative organizations of employers and workers concerned and on the preparation of a compendium of rules on OSH. The Committee requests the Government to continue providing information on the formulation of the national policy on OSH in consultation with the most representative organizations of employers and workers concerned. The Committee also requests the Government to continue providing information on all periodical reviews of the safety and health of workers and the working environment conducted within the framework of CONASSAT.

Occupational Health Services Convention, 1985 (No. 161)

Articles 3, 4 and 6 of the Convention. Progressive development of occupational health services in consultation with the most representative employers’ and workers’ organizations. Legislation. The Committee previously noted that the second paragraph of section 16 of Decree No. 127/014, which regulates the application of the Convention in all activities, provides that, within five years of the entry into force of the Decree, all of the branches of activity shall have occupational health and prevention services.

The Committee notes the PIT-CNT’s indication in its observations that the time limits established by Decree No. 127/014 have now passed, and compliance with the Decree has been very limited, as the great majority of companies have not established occupational health services. In this respect, the Committee notes that Decree No. 127/014 has been amended by Decree No. 126/019, of 6 May 2019, which was agreed in CONASSAT. The Committee notes, in particular, that section 1 of Decree No. 126/019 sets aside the time limit envisaged in section 16(2) of Decree No. 127/014 and, consequently, provides that: (i) occupational health and prevention services shall be established in companies and institutions with more than 300 workers, irrespective of their area of activity or nature; (ii) this requirement shall be gradually extended to include companies with between 50 and 300 workers, in accordance with the list of branches and activity sectors that CONASSAT will submit to the executive; and (iii) all companies and institutions with more than five workers, irrespective of the nature of their activity, shall set up occupational health and prevention services within a maximum of 18 months from the entry into force of Decree No. 126/019. The Committee also notes that section 3 of the Decree specifies that all of the companies and institutions covered by the requirement to have occupational health and prevention services shall have 180 days from the entry into force of the Decree on the expiry of the corresponding deadline to complete the establishment of such services.

The Committee notes the Government’s indication that, irrespective of the number of workers, occupational health services are currently compulsory in the chemicals, drug, pharmaceutical, fossil fuel and allied industries (pursuant to Decree No. 128/014, as amended by Decree No. 109/017 of 24 April 2017); in collective healthcare institutions, medical mutuals and cooperatives (under Decree No. 197/014, of 16 July 2014); in the dairy and non-alcoholic drinks, beer and malted barley industries, which form part of the group of activities relating to the processing and preservation of food, drinks and tobacco (pursuant to Decree No. 242/018, of 6 August 2018); in activities deemed to be dock work (under section 15 of Decree No. 394/018, of 26 November 2018) and, finally, in some activities in the refrigeration and metal products, machinery and equipment industries (pursuant to Decree No. 127/019 of 6 May 2019). The Committee requests the Government to continue providing information on the progress made in the establishment of occupational health services for all workers in all branches of economic activity and in all companies. In particular, the Committee requests the Government to provide information on the gradual extension to companies with between 50 and 300 workers of the requirement to have occupational health and prevention services, including the decrees adopted to extend the requirement, as well as on the inclusion of companies with between five and 50 workers.

Asbestos Convention, 1986 (No. 162)

Articles 3(1) and 5 of the Convention. Measures for the prevention and control of, and protection of workers against health hazards due to occupational exposure to asbestos. Inspection system and sanctions. The Committee previously noted that Decree No. 154/002 prohibits the manufacture, import and marketing of asbestos and requested the Government to provide information on the inspections conducted to control the prohibition of asbestos. In this respect, the Committee notes the Government’s indication that: (i) inspections and controls relating to asbestos are conducted by the Environmental Working Conditions Division (CAT) of the General Labour and Social Security Inspectorate of the Ministry of Labour and Social Security, the Hazard Management Unit of the State Insurance Bank and the Ministry of Public Health; (ii) training for the personnel of the General Labour Inspectorate enables them to identify specific cases of exposure to asbestos; (iii) if the CAT detects the presence of asbestos in inspected workplaces, it shall immediately order the corresponding preventive measures, the removal of the carcinogenic product and the monitoring of the workers’ health, and may even order closures in the event of non-compliance; and, (iv) either the General Labour Inspectorate or the Ministry of Public Health shall impose sanctions for failure to comply with the prohibition of the manufacture and marketing of products containing asbestos, while the National Directorate of the Environment, of the Ministry of Housing, Land Management and the Environment shall impose sanctions for failure to comply with the prohibition of marketing waste containing asbestos.

Article 17. Demolition of plants or structures containing asbestos and removal of asbestos. Preparation of a work plan in consultation with the workers or their representatives. Noting that no information has been provided in this respect, the Committee once again requests the Government to adopt the necessary measures to ensure that: (i) the demolition of plants or structures containing friable asbestos insulation materials, and the removal of asbestos from buildings or structures in which asbestos is liable to become airborne, are undertaken only by employers or contractors recognized by the competent authority as qualified to carry out such work; and (ii) employers or contractors shall draw up a work plan before commencing demolition work, in consultation with the workers or their representatives.

Article 19. Removal of waste containing asbestos. In reply to its previous comments, the Committee notes the Government’s references to section 21 of Act No. 17283 on environmental protection, as amended in 2019, which provides, firstly, that it is in the general interest to protect the environment against any effects that may derive from the production, handling and any waste management operations and their elements, whatever their type and throughout their life cycle and, secondly, that the Ministry of Housing, Land Management and the Environment shall issue and apply the necessary measures to regulate the management of waste, of whatever type, including the production, collection, transport, storage, marketing, recycling and other forms of recovery, treatment and final disposal. The Committee notes that the Government has provided information on the Hazardous Waste Removal Guide, which was drawn up with the aim of training municipal personnel in the management of such waste, including asbestos, and the indication that there is a list of registered operators authorized to handle, transport, destroy and dispose of waste, including hazardous waste. The Committee requests the Government to provide information on the measures taken to ensure that: (i) employers are required to remove waste containing asbestos in such a manner that it does not present a risk to the health of the workers concerned, including those handling asbestos waste, or the population living in the vicinity of the company; and (ii) the competent authority and the employers are required to adopt appropriate measures to prevent pollution of the general environment by asbestos dust released from workplaces.

Article 22(2). Establishment by employers of written policies and procedures on measures for the education and periodic training of workers on asbestos hazards. Noting that information has not been provided in this respect, the Committee once again requests the Government to adopt the necessary measures to ensure that employers establish written policies and procedures on measures for the education and periodic training of workers on asbestos hazards and methods of prevention and control.

The Committee is raising other matters in a request addressed directly to the Government, which reiterates the content of its previous request adopted in 2019.

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).

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

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

The Committee notes that section 3 of Decree No. 128/016 provides that in joint health and safety bodies (created within the framework of Decree No. 291/007, which implements the provisions of the Convention), and in sectorial industrial relations bodies, systematic guidelines and procedures to detect situations in which alcohol and other drugs are being consumed shall be adopted, and actions shall be developed for consumption prevention and early detection, with a view to facilitating early intervention. The Committee also notes the Government’s indication in its report that in 2016 a sub-working group was established within CONASSAT to draw up a National OSH Policy, and continued its activities in 2017. The Committee also notes the information provided by the Government on the adoption of a series of OSH Decrees (Decrees Nos 119/017, 143/017 and 7/018) in consultation with the representative organizations of employers and workers concerned and on the preparation of a compendium of rules on OSH. The Committee requests the Government to continue providing information on the formulation of the national policy on OSH in consultation with the most representative organizations of employers and workers concerned. The Committee also requests the Government to continue providing information on all periodical reviews of the safety and health of workers and the working environment conducted within the framework of the CONASSAT.

Occupational Health Services Convention, 1985 (No. 161)

The Committee notes the Government’s indication that, irrespective of the number of workers, occupational health services are currently compulsory in the chemicals, drug, pharmaceutical, fossil fuel and allied industries (pursuant to Decree No. 128/014, as amended by Decree No. 109/017 of 24 April 2017); in collective healthcare institutions, medical mutuals and cooperatives (under Decree No. 197/014, of 16 July 2014); in the dairy and non-alcoholic drinks, beer and malted barley industries, which form part of the group of activities relating to the processing and preservation of food, drinks and tobacco (pursuant to Decree No. 242/018, of 6 August 2018); in activities deemed to be dock work (under section 15 of Decree No. 394/018, of 26 November 2018) and, finally, in some activities in the refrigeration and metal products, machinery and equipment industries (pursuant to Decree No. 127/019 of 6 May 2019). The Committee requests the Government to continue providing information on the progress made in the establishment of occupational health services for all workers in all branches of economic activity and in all companies. In particular, the Committee requests the Government to provide information on the gradual extension to companies with between 50 and 300 workers of the requirement to have occupational health and prevention services, including the Decrees adopted to extend the requirement, as well as on the inclusion of companies with between five and 50 workers.

Asbestos Convention, 1986 (No. 162)

The Committee is raising other matters in a request addressed directly to the Government.

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

Referring to its observation, the Committee wishes to raise the following additional points.

Article 3 of the Convention. Progressive establishment of health services for all workers. Plans for the establishment of health services. The Committee notes that, pursuant to section 3 of Decree No. 127/014 which implements the Convention in all sectors of activity, the Decree establishes the compulsory minimum conditions for the implementation of occupational prevention and health services in all sectors of activity, whether they are commercial, industrial, rural or service activities, and whether or not they are carried out for profit. The executive shall progressively determine the activities to which the Decree will apply, when it has obtained the views of the National Occupational Safety and Health Council (CONASSAT). The Committee requests the Government to provide information on all sectors of activity to which Decree No. 128/014, regulating the application of the Convention in the chemical industry, will apply.

The Committee notes that the effect given by Decrees Nos 127/014 and 128/014 to Articles 5, 8, 9, 12, 13, 14 and 15 of the Convention. The Committee requests the Government to provide information on their application in practice.

Application of the Convention in practice. The Committee requests the Government to provide general information on the application in practice of the Convention in the next reporting period, and on the number of workers and sectors of activity in which the health services envisaged in the Convention have been implemented.

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

Legislation. Articles 2 and 4 of the Convention. Formulation, implementation and periodic review of a coherent national policy on occupational health services, in consultation with the most representative employers’ and workers’ organizations. The Committee notes with satisfaction the adoption of Decrees Nos 127/014 and 128/014 of 13 May 2014, which regulate the application of the Convention, the former in all activities and the latter in the chemical industry, and which give effect to most of the provisions of the Convention. These Decrees were adopted in the context of tripartite social dialogue. Decree No. 127/014 was examined in the National Occupational Safety and Health Council (CONASSAT) in consultation with the employers’ and workers’ organizations that are members of the Council, and Decree No. 128/014 was also discussed in the CONASSAT and consultations were held with the Union of Chemical Industry Workers (STIQ), the Inter-Union Assembly of Workers–Workers’ National Convention (PIT–CNT), the Uruguayan Association of Chemical Industries (ASIQUR) and the Chamber of Industries of Uruguay (CIU). Section 5 of both Decrees sets forth the manner in which the services are to be established in small and medium-sized and large enterprises, while section 16(2) of Decree No. 127/014 provides that, within five years of its entry into force, all branches of activity will have occupational prevention and health services. The Committee requests the Government to provide information on the progress achieved in establishing health services for all workers.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 2 of the Convention. Formulation, implementation and periodic review of a coherent national policy on occupational health services, in consultation with the most representative employers’ and workers’ organizations. With reference to its previous comments, the Committee notes the Government’s statement that the National Occupational Safety and Health Council (CONASSAT) has been working for a long time on regulations to apply the present Convention. A draft was drawn up in the 1990s but did not bear fruit because of a lack of tripartite consensus. The necessary consensus has now been found to launch a real process with a view to the application of the Convention, in a way which does not entail added costs for enterprises, especially because most enterprises in the country are small or medium-sized. A commission is working on the draft with a view to submitting it to CONASSAT, which has already adopted a favourable position in this respect. The Government emphasizes that the current regulatory work implies the organization of occupational health services as part of the health reforms recently initiated in Uruguay, which were duly notified to the Office, and indicates the relevant legislation adopted between 2005 and 2009. On examining the application of various occupational safety and health Conventions by Uruguay, the Committee notes the adoption of legislation that gives effect to those Conventions; and that this was drawn up on a tripartite basis and tripartite supervisory bodies were also set up. The Government has also sent a draft copy of a generic occupational safety and health policy, which was drawn up under the auspices of the Social Security Bank in November 2006 and contains a chapter on occupational health services. The Committee requests the Government to ensure, prior to the adoption of the aforementioned draft, that effect is given to the provisions of the present Convention and to continue to provide information on any further developments in this respect. Furthermore, reaffirming that the national policy to which this Article refers basically implies a constant dynamic of ongoing improvement, based on the evaluation of the application of national policy, the Committee requests the Government to send information on the manner and frequency of the revision of national policy, the results of such evaluation and the spheres of action identified for making future improvements.

Article 3. Progressive establishment of health services for all workers. Plans for the establishment of health services. With reference to its previous comments, the Committee notes that the Government again refers to the draft generic occupational safety and health policy, of which it sent a copy, which includes a chapter on occupational health services and indicates that the draft aims for the universal implementation of such services. The Committee welcomes this information and also notes that the Government has not provided any information for a number of years on the effective application of this Article and reminds it that, since this is a ratified Convention, the Government has the obligation to give effect to the provisions of the Convention and provide information in this respect. The Committee therefore again requests the Government to supply information on occupational health services actually operating during the next reporting period, in the public and private sectors and in cooperatives, and on the plans to establish such services in sectors where they do not exist, clearly indicating the sectors concerned.

Article 5. Occupational health services. Adequate and appropriate functions with respect to the occupational risks of the undertaking. With reference to its previous comments, the Committee notes the Government’s indication, as in the previous paragraph, that it is unable to supply information because legislation to give effect to the Convention is being drawn up. The Committee requests the Government to provide information on the effect given to each paragraph of the present Article during the next reporting period.

Articles 8, 9, 12, 13, 14 and 15. The Committee notes that, in general, the Government provides information relating to the draft regulations or partial information which does not fully reply to the questions raised by the Committee. The Committee reminds the Government that for it to have a current picture of the application of the Convention the Government needs to supply up-to-date information on the actual effect given to the provisions of the Convention and, pending the adoption of the new regulations, the Government must take the necessary measures to ensure the application of the provisions of the Convention and provide information in this respect. The Committee therefore requests the Government to supply information in reply to the issues raised by the Committee in its direct request of 2006 regarding Articles 8, 9, 12, 13, 14 and 15 of the Convention, ensuring that the information supplied corresponds to the next reporting period, so that the Committee can gain a fuller picture of the application of the Convention.

Part VI of the report form. Application in practice. The Committee notes that the sectoral tripartite commissions are directing the actions of the bipartite commissions at enterprise level towards hazard reduction, that individual health records have undergone substantial changes enabling the worker’s general state of health to be determined, and that major enterprises have occupational physicians and nursing services. The Committee requests the Government to supply general information on the manner in which the application of the Convention is ensured during the next reporting period.

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

The Committee notes that the Government’s report, transmitted on 31 August 2009, does not include a response to most of the questions raised by the Committee in its comment of 2006. It also notes that the Office requested the Government to submit this information in a letter dated 31 October 2009. The Committee reiterates its request to the Government to provide information on all the issues raised in its direct request in 2006.

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

The Committee notes the information contained in the Government’s reports.

1. Article 2 of the Convention. Formulation, implementation and periodic review of a coherent national policy on occupational health services. The Committee notes the adoption of Decree No. 83/996 establishing the National Occupational Safety and Health Council and that one of the functions of the Council is to formulate and propose plans and programmes on safety, health and the improvement of working conditions. The Committee requests the Government to provide information on such plans and programmes in relation to the formulation, implementation and periodic review of the coherent national policy on occupational health services.

2. Article 3, paragraph 1. Establishment of health services for all workers. In accordance with the Convention, occupational health services have to cover all workers, including those in the public sector, in all branches of economic activity and all enterprises. The Committee requests the Government to indicate the provisions under which health services are established for all workers and to indicate the plans drawn up, in accordance with the Convention, for the gradual establishment of occupational health services in all enterprises.

3. With reference to its previous comments, including the 1993 direct request, the Committee notes that the reports do not contain information on the application of several provisions of the Convention, for which reason part of the requests are reiterated:

Article 5(c) and (d). The Committee requests the Government to provide information on the authorities which have been assigned advisory functions on the planning and organization of work and the development of programmes for the improvement of working practices;

Article 8. The Committee requests the Government to indicate how the cooperation and participation of employers and workers is secured, in practice, in the implementation of measures for the organization of occupational health services, as set out in the Convention;

Article 9. The Committee requests the Government to indicate the measures taken or envisaged to ensure that occupational health services are of a multidisciplinary nature, in accordance with paragraph 1 of this Article;

Article 12. The Committee requests the Government to indicate the measures which guarantee that the surveillance of workers’ health involves no loss of earnings for them, that it is free of charge and takes place during working hours, as set out in this provision;

Article 13. The Committee requests the Government to indicate the manner in which all workers are informed of the health hazards involved in their work, in accordance with this Article of the Convention;

Article 14. The Government is requested to indicate the measures taken or envisaged to ensure that occupational health services are informed of any factors which may affect workers’ health; and

Article 15. The Committee requests the Government to indicate the measures taken or envisaged to ensure that personnel providing occupational health services cannot be required by the employer to verify the reasons for absence from work that have come to their notice.

4. Part VI of the report form. Application of the Convention in practice. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied, such as summaries of inspection reports and statistical information, including data on the number of workers covered, disaggregated by gender, if possible, and the number and nature of contraventions reported.

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

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

The Committee notes with interest the creation of the tripartite Co-ordination Group on Occupational Safety and Workplace Environment Conditions by Executive Resolution No. 765/92 of 30 September 1992. It further notes the draft Bill creating the National Occupational Safety Commission, in particular, Chapter V of this Bill which provides for the creation of occupational safety and health services in all enterprises with over 99 workers. The Committee hopes that the legislation necessary for the full application of the Convention will be adopted in the near future and that it will provide for the formulation and periodical review of a national policy on occupational health services, in accordance with Article 2 of the Convention. The Government is requested to supply information, in its next report, on the progress made in this regard.

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

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

I. The Committee notes the indication in the Government's latest report that a draft decree will soon be approved by the Executive Power which provides for the creation of a tripartite Coordination Group on Occupational Safety and Workplace Environment Conditions. The Coordination Group to be established would have the task, inter alia, of analysing the national occupational safety and health policy and proposing amendments, as well as elaborating national plans of action and programmes with respect to occupational safety and health and studying the viability of establishing one competent body in occupational safety and health matters. The Government is requested to provide information in its next report on the progress made in establishing the Coordination Group and on any steps taken by the Group with respect to the application of the provisions of the Convention.

II. In its previous comments, the Committee noted the Government's statement in its first report that every effort was made to adopt measures to apply the Convention, but that a draft Decree in the matter met opposition from the employers' organizations due to certain provisions concerning the establishment of joint commissions in undertakings. The Government also indicated that the draft Decree was being revised. Since the Government's latest report has not referred to this draft Decree, the Committee would once again request the Government to provide information, in its next report, on the progress of the revision.

The Committee hopes that the legislation necessary for the application of the Convention will be adopted in the near future and that it will provide for the formulation and periodical review of a national policy on occupational health services (Article 2) and that it will give effect to the following Articles of the Convention.

Article 3, paragraph 1, of the Convention. In accordance with the Convention, occupational health services have to cover all workers, including those in the public sector, in all branches of economic activity and in all undertakings. If occupational health services cannot be immediately established for all undertakings, plans for the establishment of such services have to be drawn up in consultation with the occupational organizations. The Committee requests the Government to indicate the plans under which, in accordance with the Convention, it intends to progressively establish occupational services for all undertakings.

Furthermore, the Committee understands that the envisaged scope of the draft text on occupational health services referred to in the Government's first report is confined to the private sector and that its extension is envisaged, where appropriate, to rural undertakings. The Committee requests the Government to indicate the plans under which the application of the planned legislation could be extended to all workers, including those in the public sector, in all branches of economic activity, as provided for by the Convention.

Article 5. The Committee requests the Government to indicate the manner in which the participation of workers in matters of occupational health and safety, as set out in the Convention, is ensured. Furthermore, it requests the Government to supply information on the authorities which have been assigned advisory functions on the planning and organization of work and the development of programmes for the improvement of working practices (Article 5(c) and (d)).

Article 8. The Committee requests the Government to indicate how the cooperation and participation of employers and workers is secured, in the present situation, in the implementation of the organization of occupational health services, as set out in the Convention, particularly within the framework of the prevention activities of the Occupational Health Department.

Article 9. In its previous comments, the Committee noted the information supplied by the Government that prevention functions were exercised by the Occupational Health Department, in coordination with the environmental safety directorate, prevention clinics and the medical documentation department. The Government is requested to indicate the measures taken or envisaged to ensure that occupational health services are of a multidisciplinary nature, in accordance with paragraph 1 of this Article.

Article 12. The Committee requests the Government to indicate the measures taken or envisaged to guarantee that the surveillance of workers' health involves no loss of earnings for them, that it is free of charge and that it takes place during working hours, as set out in this provision.

Article 13. The Committee requests the Government to indicate the manner in which all workers are informed of the health hazards involved in their work, in accordance with this Article of the Convention.

Article 14. The Government is requested to indicate the measures taken or envisaged to ensure that occupational health services are informed of any factors which may affect the workers' health.

Article 15. The Committee understands that the draft Decree, referred to in the Government's first report, envisages that occupational health services shall be informed of occurrences of ill-health and absence from work. The Government is requested to indicate the measures taken or envisaged to ensure that personnel providing occupational health services cannot be required by the employer to verify the reasons for absence from work that has come to their notice.

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

The Committee notes with interest the information supplied by the Government in its first report. The Committee notes the Government's statements that every effort has been made to adopt measures to apply the Convention, but that a draft Decree did not receive the necessary approval of the occupational organisations, due to the opposition of the employers' organisations to certain measures which provided for the establishment of bipartite commissions in enterprises. The Committee notes that, according to the Government's report, the draft Decree is currently under revision.

The Committee notes with interest the text of the draft Decree supplied by the Government.

The Committee requests the Government to supply information on the progress of the work of revising the above text. It also requests the Government to supply the text as soon as it has been adopted.

The Committee hopes that the legislation will provide for the formulation and periodical review of a national policy on occupational health services (Article 2) and will give effect to the following Articles of the Convention:

Article 3, paragraph 1, of the Convention. In accordance with the Convention, occupational health services have to cover all workers, including those in the public sector, in all branches of economic activity and in all undertakings. If occupational health services cannot be immediately established for all undertakings, plans for the establishment of such services have to be drawn up in consultation with the occupational organisations. The Committee notes the information supplied by the Government to the effect that the draft Decree to establish occupational health services is still under examination. It requests the Government to indicate the plans under which, in accordance with the Convention, it intends to progressively establish occupational services for all undertakings.

Furthermore, the Committee understands that the envisaged scope of the draft text (section 7) is confined to the private sector and that its extension is envisaged, where appropriate, to rural undertakings. The Committee requests the Government to indicate the plans under which the application of the planned legislation could be extended to all workers, including those in the public sector, in all branches of economic activity, as provided for by the Convention.

Article 5. The Committee requests the Government to indicate the manner in which, until the legislation is adopted, the participation of workers in matters of occupational health and safety, as set out in the Convention, is ensured. Furthermore, it requests the Government to supply information on the authorities which have been assigned advisory functions on the planning and organisation of work and the development of programmes for the improvement of working practices (Article 5(c) and (d)).

Article 8. The Committee requests the Government to indicate how the cooperation and participation of employers and workers is secured, in the present situation, in the implementation of the organisation of occupational health services, as set out in the Convention, particularly within the framework of the prevention activities of the Occupational Health Department.

Article 9. The Committee notes the information supplied by the Government in its report that prevention functions are exercised by the Occupational Health Department, in coordination with the environmental safety directorate, prevention clinics and the medical documentation department.

The Committee requests the Government to indicate the measures that it has taken or plans to take, in the current situation, in order to ensure that the services that are currently responsible for certain functions relating to occupational health are multidisciplinary, in accordance with paragraph 1.

The Committee also notes that the text of the draft Decree does not appear to establish the multidisciplinary nature of occupational health services. The Committee hopes that the current re-examination of the text will result in the inclusion of this aspect in the legislation, in accordance with the provisions of the Convention.

Article 12. The Committee requests the Government to indicate the measures which guarantee, in the current situation, that the surveillance of workers' health involves no loss of earnings for them, that it is free of charge and that it takes place during working hours, as set out in this provision.

Article 13. The Committee requests the Government to indicate the manner in which all workers are informed of the health hazards involved in their work, in accordance with the provisions of the Convention.

Article 14. The Committee understands that the obligation to inform occupational health services of any factors which may affect the workers' health is not explicitly set out in the draft Decree (section 32). It hopes that the current work of re-examination will take account of this provision.

Article 15. The Committee understands that the draft Decree (section 50) envisages that occupational health services shall be informed of occurrences of ill-health and absence from work. It hopes that the current re-examination, in accordance with the Convention, will ensure that personnel providing occupational health services cannot be required by the employer to verify the reasons for absence from work that have come to their notice.