Underground Work (Women) Convention, 1935 (No. 45) - Venezuela (Bolivarian Republic of) (Ratification: 1944)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

In order to provide a comprehensive view of the issues relating to the application of 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)), 127 (maximum weight), 139 (occupational cancer) and 155 (occupational safety and health) together.

The Committee notes the observations on the application of Convention No. 155 submitted jointly by the Independent Trade Union Alliance Confederation of Workers (CTASI), the Confederation of Workers of Venezuela (CTV), and the Federation of University Teachers’ Associations of Venezuela (FAPUV), received on 1 September 2022. The Committee also notes the observations submitted by the Federation of Chambers and Associations of Commerce and Production of Venezuela (FEDECAMARAS), received on 2 September 2022. The Committee requests the Government to provide its comments in this respect.

Application in practice of Conventions Nos 13, 120, 127, 139 and 155. National situation with regard to occupational safety and health. The Committee notes the general and sectoral information provided by the Government in its report on the number of occupational accidents and diseases, as well as on the number of OSH-related investigations and inspections carried out. In this regard, the Government reports that between 2017 and July 2022 a total of 6,113 occupational accident investigations, 3,821 occupational disease investigations and 15,053 related inspections were conducted. The Government indicates that investigations of occupational accidents and occupational diseases, as well as inspections within workplaces, contribute to correcting unsafe and unhealthy conditions in the working environment with a view to preventing their occurrence. The Committee also notes the Government’s indication that the National Institute for Prevention, Health and Safety at Work (INPSASEL) promotes and develops a preventive culture in workplaces, through the placement of prevention delegates and their comprehensive and continuous training. In this respect the Government reports that between 2018 and July 2022, a total of 234,260 prevention delegates received training.

The Committee also notes the number of prevention delegates trained in OSH between 2018 and July 2022. The Committee requests the Government to continue to provide information on the application in practice of 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 carried out and the number of violations detected and the penalties imposed.

A.General provisions

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

Article 5(a) and (b). Testing of the material elements of work and adaptation of the work environment to the workers. In relation to its previous comments, the Committee takes note of the information provided by the Government in its report indicating that (i) INPSASEL has a technical and professional team of inspectors at the national level who carry out inspection activities in public, private and mixed work entities, where they evaluate OSH conditions and risk factors to which workers are exposed, including tools, machinery, equipment and hazardous processes, according to the Manual of Standards and Procedures of the Occupational Safety and Health Inspection Act established by INPSASEL; and (ii) following the inspections, instructions are sent to the work entities to correct unsafe or unhealthy conditions in order to prevent occupational accidents and diseases and ensure a healthy and safe work environment for workers. The Committee requests the Government to continue to provide information on the application in practice of the 2005 Basic Act on prevention, working conditions and the working environment (LOPCYMAT) in relation to the testing of the material elements of work, including workplaces, working environment, tools, machinery and equipment, chemical, biological and physical substances and agents and operations and processes. In addition, the Committee once again requests the Government to provide information on the adaptation of the working environment to workers, including information on the application in practice of sections 59 (working conditions and environment), 60 (relationship between the worker, the work system and machinery) and 63 (project design, construction, operation, maintenance and repair of means, procedures and workstations) of the 2005 LOPCYMAT.

Article 5(d). Communication and cooperation at the levels of the working group and the undertaking and at all other appropriate levels up to and including the national level. In relation to its previous comments, the Committee notes that the Government reports that the following aspects are verified during management inspections in accordance with the 2005 LOPCYMAT: the composition and functioning of the OSH services (sections 39 and 40), prevention delegates (sections 41 to 45) and occupational safety and health committee (sections 46 to 50), as well as the implementation of the OSH programme (section 61), the maintenance plans and safe work procedures for tools, machinery and equipment and of the epidemiological surveillance system (sections 11(10)). The Committee requests the Government to continue to provide information on the application in practice of the 2005 LOPCYMAT in relation to communication and cooperation at the working group and enterprise levels and at all appropriate levels up to and including the national level. In this respect, it requests the Government to provide information on the activities carried out by the OSH services, the prevention delegates and the occupational safety and health committee.

Article 11(c). Establishment and application of procedures for the notification of occupational accidents and diseases. The Committee notes that, in response to its previous request, the Government indicates that: (i) under section 83 of the Partial Regulations of the Basic Act on prevention, working conditions and the working environment of 2006, the employer, through the OSH service, must notify INPSASEL within 60 minutes of the occurrence of an occupational accident; (ii) under section 73 of the LOPCYMAT of 2005, the employer must prepare the formal notification of an occupational accident or disease within 24 hours of the accident or the diagnosis of the disease; (iii) the employer must submit the notification of the occupational accident or disease to the State-level Departments of Occupational Safety and Health (GERESAT), under the auspices of INPSASEL, which are present throughout the national territory and currently record notifications of occupational accidents and diseases; (iv) once the notification is recorded, the causes of the occupational accident and the occupational disease are investigated, which allows corrective measures to be ordered and communicated to workers to prevent future accidents and diseases; and (v) in the case of occupational diseases, once the investigation is completed, the necessary medical evaluation of the worker is carried out for the verification, qualification and certification of the origin of the disease.

In relation to the number of notifications of occupational accidents and occupational diseases, the Committee notes that the Government reports a reduction between 2019 and 2021 due to the reduction of working days and jobs, the malfunctioning of the registration system due to a failure in the operating system and the national state of emergency caused by the COVID-19 pandemic, which led to a large proportion of workplaces suspending and limiting their operations, thus reducing the incidence of occupational accidents and diseases. The Committee requests the Government to continue to provide information on the number of occupational accidents and diseases reported annually in the different sectors. In addition, the Committee once again requests the Government to provide specific information on the time limits for the issuance of certificates of occupational diseases, as well as on the number of certificates issued annually.

Article 11(e). Annual publication of information on measures taken in application of the policy on health and safety of workers and the working environment, on occupational accidents and cases of occupational diseases. In relation to its previous comments, the Committee notes the Government’s indications that statistics on occupational accidents, occupational diseases, as well as on the actions carried out on the basis of the OSH policy from 2018 to 2022 are published in the report and account documents of the Ministry of the People’s Power for the Social Process of Labour (MPPPST). The Committee notes that only the report and account documents up to 2015 are published on the website of the MPPPST. The Committee requests the Government to take measures to ensure the annual publication of information on the measures taken in application of the national OSH policy and on occupational accidents, occupational diseases and other damage to health, and to indicate where such information is published.

Article 12(b) and (c). Obligations of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. Further to its previous comments, the Committee notes that section 67 of the 2005 LOPCYMAT establishes the obligation of manufacturers, importers and suppliers of chemical products and substances for use at work to provide information indicating their correct method of use by workers, additional preventive measures and the hazards associated with their normal use, as well as their improper use. The Committee also notes the Government’s indications that, under section 63 of the 2005 LOPCYMAT, the planning, construction, operation, maintenance and repair of means, procedures and workstations must be conceived, designed and executed in strict compliance with universally accepted technical and scientific standards and criteria in the areas of health, hygiene, ergonomics and safety at work, in order to eliminate or control, to the greatest extent technically possible, hazardous working conditions. In this respect, section 63 establishes that the INPSASEL must propose to the ministry with competence in OSH a technical norm regulating this matter. The Committee requests the Government to indicate the technical standard regulating the design and execution of projects and constructions, as well as the operation, maintenance and repair of means, procedures and workstations, in application of section 63 of the 2005 LOPCYMAT.

B.Protection against particular risks

1.Maximum Weight Convention, 1967 (No. 127)

Article 8 of the Convention. Application of the Convention. Further to its previous comments, the Committee notes the information contained in the Government’s report indicating a significant decrease in the number of cases of occupational diseases related to musculoskeletal disorders notified to INPSASEL by employers, from 542 cases in 2017 to 10 cases in 2020, 4 cases in 2021 and 22 cases in 2022, compared to a total of 13,162 cases in the period from 2009 to 2014.

The Committee also notes the information provided by the Government on the implementation of Decision No. 9589 of 2016 establishing technical regulations for controlling the handling, lifting and manual transport of loads (CMLTMC), specifically sections 36 (training of workers) and 38 (monitoring of occupational safety and health conditions). In this regard, the Government reports on the implementation of training plans aimed at workers from manufacturing companies, in which technical knowledge was imparted on production process activities involving the handling and movement of loads. The Government also indicates that the morbidity rate in workplaces where the jobs involve the handling of loads is reviewed during inspections and compliance with the 2016 CMLTMC is verified, with the collaboration of the occupational safety and health committees. With reference to its comments on Article 11(c) of the Occupational Safety and Health Convention, 1981 (No. 155), the Committee requests the Government to provide information on the measures taken to strengthen the notification system for occupational diseases related to the manual handling of loads to ensure that all cases are recorded. It also requests the Government to continue to provide information on the application in practice of the 2016 CMLTMC and its impact on the number of cases of occupational diseases related to this type of disorder recorded by year and by sector of activity.

2.Occupational Cancer Convention, 1974 (No. 139)

Article 1. Requirement to periodically determine the carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization or control. The Committee notes that the Government did not provide the information requested in its previous comments on the use of the International Agency for Research on Cancer (IARC) internationally certified list of carcinogenic substances, as well as the lists of hazardous substances issued by the ILO. The Committee therefore once again requests the Government to provide the following information: (i) the provisions of the national legislation which refer to the IARC list of carcinogenic substances; (ii) the list of substances that are prohibited in practice; (iii) the list of substances subject to authorization or control; and (iv) the manner in which such authorization or control is exercised. The Committee also requests the Government to indicate the manner in which this list is periodically reviewed and the date of the most recent review.

Article 2(1). Obligation to substitute carcinogenic substances and agents with non-carcinogenic substances or agents, or with less harmful substances and agents. In relation to its previous comments, the Committee notes that the Government refers to COVENIN Standard No. 2251 of 1998 on the transport, storage and use of asbestos and occupational health measures, which establishes the minimum occupational safety and hygiene measures to be complied with during the transport, storage and use of asbestos, but does not refer to measures to replace asbestos with non-carcinogenic substances or agents, or with less harmful substances or agents. The Committee requests the Government to provide information on the measures taken to replace asbestos and all other carcinogenic substances to which workers may be exposed during their work with non-carcinogenic substances or agents, or with less harmful substances and agents. In this respect, the Committee requests the Government to indicate the replacement substances or agents that have been chosen, in consideration of their carcinogenic, toxic and other properties.

Article 2(2). 1. Reduction to the minimum compatible with safety of the level of exposure of workers to ionizing radiation. In relation to its previous comments, the Committee notes the Government’s indication that INPSASEL strictly observes the application of the COVENIN standards governing protection against ionizing radiation. In this respect, the Committee notes the following exposure limits to ionizing radiation established in Venezuelan COVENIN Standard No. 2259 of 1995 (section 4.2): (i) for the lens of the eye, an equivalent dose of 150 mSv per year; (ii) for pregnant workers, during the period from conception to birth, a dose of 5 mSv received by the embryo/foetus; and (iii) for workers undergoing training in subjects related to ionizing radiation, an annual effective dose of 20 mSv for uniform whole-body exposure and an annual equivalent dose of 500 mSv for partial exposure of individual organs or tissues. The Commission recalls its General Comment on Convention No. 115, in which it considers that, when fixing maximum permissible doses of ionizing radiation, the following recommended dose limits for an occupational exposure should be taken into account: an equivalent dose to the lens of the eye of 20 mSv per year, averaged over a defined period of five years, not exceeding a value of 50 mSv in the course of one year (paragraph 32), a level of embryo/foetus protection similar to that provided to members of the public equivalent to 1 mSv annual effective dose limit (paragraph 33) and, for persons aged 16 to 18 years, an effective dose of 6 mSv per year and an equivalent dose to the extremities (hands and feet) or in the skin of 150 mSv per year. The Committee once again requests the Government to provide supplementary information on any measures taken or contemplated to guarantee that the duration and degree of exposure to ionizing radiation is reduced to the minimum compatible with the safety of workers in line with Article 2(2) of the Convention.

2. Exposure levels. The Committee requests the Government to provide specific information on the levels of exposure to other carcinogenic substances or agents, other than ionizing radiation, including benzene, asbestos and any other substance or agent with carcinogenic properties. In addition, it once again requests the Government to provide information on the progress made in the development of the matrix of occupational exposure to carcinogenic substances to which the Government has previously referred.

Article 3. Measures to protect workers against the risks of exposure to carcinogenic substances or agents. With regard to measures to protect workers against the risk of exposure to carcinogenic substances or agents, the Committee takes note of the protection measures against ionizing radiation established in Venezuelan COVENIN Standard No. 3496 of 1999 on radiological protection, including measures related to the optimization of protection and safety (sections 2.24 and 2.25).

With respect to the establishment of an appropriate registration system, the Commission notes that section 65 of the 2005 LOPCYMAT establishes the employer’s obligation to register all substances that by their nature, toxicity or physical-chemical condition may affect the health of workers. This provision establishes that coordination mechanisms should be established between the ministry with competence in health and the ministry with competence in OSH, in order to establish a single registration system for hazardous substances, enabling the management of information and control of hazardous substances that may affect the health of workers. While taking due note of these provisions, the Committee requests the Government to provide information on the measures to protect workers from the risk of exposure to carcinogenic substances or agents, other than ionizing radiation, including benzene, asbestos and any other substance or agent with carcinogenic properties. It also requests the Government to provide specific information on the implementation in practice of a single registration system for hazardous substances under section 65.

Article 5. Measures to ensure that workers are provided with medical examinations. Further to its previous comments, the Committee notes the Government’s indications that under section 40(5) of the 2005 LOPCYMAT, workplaces are required to carry out, through their OSH services, medical examinations or investigations during or after employment, and to provide the results of such examinations to the workers. In this regard, the Government indicates that INPSASEL requests information from the epidemiological surveillance system in the workplace to verify the completion of the reports and clinical examinations carried out on workers during and after employment. The Committee requests the Government to provide additional information on the application in practice of section 40(5) of the 2005 LOPCYMAT, including the number of medical examinations carried out on workers, both during and after employment, to assess the exposure or the state of their health in relation to occupational risks.

C.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 (SRM TWG), classified Convention No. 45 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 SRM TWG and to consider the possibility of ratifying the most up-to-date instruments in this subject area. The Committee takes this opportunity to recall that in June 2022, the International Labour Conference added the principle of a safe and healthy working environment to the Fundamental Principles and Rights at Work, thus amending the 1998 Declaration on Fundamental Principles and Rights at Work. The Committee draws the Government's attention to the possibility of requesting technical assistance from the Office with a view to bringing both practice and applicable legislation into conformity with the fundamental OSH Conventions and for support in any examination of the eventual ratification of the  Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187).

[The Government is asked to reply in full to the present comments in 2024.]

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 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)), 127 (maximum weight), 139 (occupational cancer) and 155 (occupational safety and health) together.

The Committee notes the observations on the application of Convention No. 155 made by the Confederation of Workers of Venezuela (CTV), which were received on 2 September 2015, and by the National Union of Workers of Venezuela (UNETE), which were received on 2 October 2015, and also the Government’s reply to the latter, which was received on 8 December 2015. The Committee also notes the joint observations on Convention No. 155 sent by UNETE, the CTV, the General Confederation of Labour (CGT) and the Confederation of Autonomous Trade Unions (CODESA), which were received on 8 and 12 September 2016, and also the Government’s reply, which was received on 11 November 2016.

Application in practice of Conventions Nos 13, 120, 127, 139 and 155. The Committee notes the information provided by the Government in its report on Convention No. 155 and in the 2018 Report and Account document of the Ministry of People’s Power for the Social Process of Labour relating to the number of occupational accidents and diseases. The Committee also notes the Government’s reference to measures to improve the situation of OSH in the country, including the development of a culture of prevention driven by OSH services in the workplace and training activities on OSH for workers. The Committee requests the Government to indicate the impact of the adopted measures on reducing the number of occupational accidents and diseases in the country, particularly in sectors with a higher incidence rate. The Committee also requests the Government to continue providing available information on the application in practice of ratified OSH Conventions, including the number, nature and cause of notified occupational accidents and diseases.

A. General provisions

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

Article 5(a) and (d) of the Convention. Spheres of action to be taken into account in the national policy. The Committee notes that the CTV indicates in its observations that at the state electricity service company: (i) working conditions are not safe because of a lack of adequate equipment and tools, which exposes workers to the risk of accidents; (ii) in some cases the dilapidation of buildings where the work is performed and overcrowding endanger the physical safety of the workers; and (iii) the annual inspections of thermoelectric power generation units in power plants, required by the Regulation on working conditions and the working environment to ensure that the workplace is safe, are not carried out. The Committee also notes that UNETE indicates in its observations that the number of accidents in the oil industry has risen. UNETE also indicates that there is a decline in occupational safety and health conditions in the cement industry, with an increase in hazards, particularly from environmental pollution due to non-observance of standards by enterprises, and a lack of occupational health services (physicians) in workplaces. The Committee also notes that the CTV, the CGT, UNETE and CODESA reiterate these allegations in their joint observations. In this regard, the Committee notes the Government’s reply, indicating that the National Institute for Occupational Prevention, Health and Safety (INPSASEL) has developed an institutional policy including: (i) active management of OSH; (ii) the establishment of a culture of prevention driven by OSH services in the workplace (through comprehensive inspections and healthcare); (iii) the election of prevention delegates; (iv) the setting up of OSH committees in workplaces; and (v) the restitution of labour rights that have been violated. The Committee requests the Government to provide specific, detailed information on the application in practice of the Basic Act on prevention, working conditions and the working environment (LOPCYMAT) with regard to: (i) design, testing, choice, substitution, installation, arrangement, use and maintenance of the material elements of work, including workplaces, working environment, tools, machinery and equipment; (ii) relationships between the material elements of work and the persons who carry out or supervise the work; (iii) adaptation of machinery, equipment, working time, organization of work and work processes to the physical and mental capacities of the workers; and (iv) communication and cooperation at the levels of the working group and the undertaking and at all other appropriate levels up to and including the national level.

Noting with deep regret that there has been no reply to the observations of the above-mentioned trade union organizations, the Committee requests the Government to establish a forum for dialogue with them in order to analyse the measures to be taken in relation to the safety and health conditions reported in the cement and petroleum industries.

Article 11(c). Establishment and application of procedures for the notification of occupational accidents and diseases. The Committee notes the Government’s indication, in reply to its previous request, that Chapter II (sections 73–75) of the LOPCYMAT and technical standard INT-02-2008 regulate procedures for the notification of occupational accidents and diseases. With regard to time limits for the certification of occupational diseases, the Government also indicates that the aforementioned technical standard (Chapter III and point 6.1) provides that INPSASEL shall define the origin of the occupational disease on the basis of an investigation and a report and that the Occupational Safety and Health Service shall produce the investigation report within 15 calendar days following the diagnosis of the pathology, where it relates to classified diseases on the list of occupational diseases; in cases where they are not on the list, the time limit is 30 calendar days following the clinical diagnosis. The Committee notes that UNETE indicates in its observations that INPSASEL takes an indefinite amount of time to issue certificates of work-related diseases or accidents and that these are essential for applying to the administrative bodies for compensation and obtaining redress for the harm suffered. Moreover, UNETE indicates that INPSASEL has not fixed a time period for issuing the aforementioned certification, and so workers who are victims of occupational diseases or accidents are obliged to turn to the Ministry of Labour and, if no agreement is reached on payment, they have to apply to the labour courts, which delays the process. In this regard, the Committee notes the Government’s reply that the relevant institutions respond immediately to applications from workers who are victims of occupational accidents or diseases, as follows: (i) an investigation into the occupational accident or disease is requested and, if the five requirements for the diagnosis are fulfilled (clinical, paraclinical, OSH-related, legal and epidemiological), INPSASEL issues the certificate through a technical/scientific instrument called the “National scale for determining the percentage of disability for occupational accidents and diseases”; (ii) on the basis of a review of the technical file, it is decided whether or not there was subjective liability and, if so, an expert’s report is generated, which is processed in the labour inspectorate as an essential requirement for accreditation (section 9 of the Partial Regulations of the Basic Act on prevention, working conditions and the working environment; (iii) not all medical certificates issued by INPSASEL give rise to compensation on account of subjective liability on the part of the employer but they do affect the social security aspects; and (iv) INPSASEL does not determine the moral injury, loss of earnings or consequential damage, which come within the sole competence of the labour courts. The Committee requests the Government to provide further information on the application in practice of the procedure for the notification of occupational accidents and diseases, including the respective time limits, and also on the procedure and time limits for issuing certificates of occupational diseases. With regard to issues relating to benefits in cases of occupational disease, the Committee refers to its comments made in relation to the Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121).

Article 11(d). Holding of inquiries where cases of occupational accidents appear to reflect serious situations. The Committee notes that the Government, in reply to its previous request regarding the explosion at the Amuay refinery, reiterates that the investigations into the accident revealed that it was an act of sabotage and was not related to any defects in OSH conditions. The Government adds that 926 medical assessments have been conducted for occupational accidents and 1,144 for occupational diseases, and 1,891 medical certificates have been issued for occupational accidents and 2,570 for occupational diseases. The Committee requests the Government to provide further information on any measures taken or contemplated to ensure that inquiries are conducted whenever cases of occupational accidents, occupational diseases or any other injuries to health which arise in the course of or in connection with work appear to reflect serious situations.

Article 11(e). Annual publication of information on occupational accidents, occupational diseases and other injuries. The Committee notes that the statistical information provided by the Government on occupational accidents and diseases, in response to its previous requests, is disaggregated by economic sector. The Committee requests the Government to provide information on the annual publication of information concerning measures taken pursuant to the national OSH policy, and on occupational accidents and diseases.

Article 12(b) and (c). Obligations of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee requests the Government to take measures to ensure that persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use make available information concerning the correct installation and use of all types of machinery and equipment, and to provide more information on the manner in which it is ensured that such persons keep abreast of the necessary scientific and technical knowledge.

B. Protection against particular risks

Maximum Weight Convention, 1967 (No. 127)

Articles 3 and 7 of the Convention. Maximum weight of loads transported manually by a worker. Employment of women and young workers in the manual transport of loads. The Committee notes the Government’s indication, in reply to its previous requests, that Decision No. 9589 of 18 January 2016 was issued, establishing technical regulations for controlling the handling, lifting and manual transport of loads (CMLTMC), Chapter VI of which fixes the maximum weight of manually transported loads at 20 kilos for men and 12 kilos for women.

Article 5. Training of workers assigned to the manual transport of loads, on the techniques to be used. The Committee notes with interest the Government’s indication, in reply to its previous request to supply documentation illustrating the training provided for workers assigned to the manual transport of loads, that section 36 of the CMLTMC of 2016 provides that the Occupational Safety and Health Service must ensure that workers receive adequate and appropriate ongoing practical and theoretical training and information on the safe handling of loads. The Government also indicates that INPSASEL carries out information and training activities, such as the dissemination of the content of OSH regulations and information on their application.

Article 8. Application of the Convention. In its previous comment, the Committee noted the Government’s indication that between 2009 and 2014 INPSASEL recorded a total of 13,162 cases of occupational disease involving musculoskeletal disorders, of which 69.7 per cent occurred in the manufacturing industry. For this reason, INPSASEL was working on the review and updating of classification parameters to distinguish between illnesses caused by the handling of loads and those caused by other factors. The Committee notes that Chapter II (sections 12–17) of the CMLTMC of 2016 regulates the aspects to be taken into account in ergonomic assessments of jobs, such as work surfaces, bodily posture, accumulated loads per working day, physical and mental capacities of workers, and frequency of load handling. The Committee requests the Government to provide information on the impact of the CMLTMC of 2016 on the reduction of the number of cases of occupational disease involving musculoskeletal disorders, in particular in the sectors with higher rates of musculoskeletal conditions.

Occupational Cancer Convention, 1974 (No. 139)

Article 1. Requirement to periodically determine the carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization or control. In its previous comment, the Committee noted the Government’s indication that INPSASEL is using the internationally certified list of carcinogenic substances of the International Agency for Research on Cancer (IARC), as well as the lists of hazardous substances issued by the ILO. The Committee notes that the Government’s report does not contain any information on this issue raised in its previous comment. The Committee therefore once again requests the Government to provide the following information: (1) the provisions of the national legislation which refer to the IARC list of carcinogenic substances; (2) the list of substances that are prohibited in practice; (3) the list of substances subject to authorization or control; and (4) the manner in which such authorization or control is exercised. The Committee also requests the Government to indicate the manner in which this list is periodically reviewed and the date of the most recent review.

Article 2(1). Replacement and exposure levels. 1. Exposure levels. The Committee notes that the Government does not provide any information, in reply to its previous request, on progress made regarding the development of a matrix of occupational exposure to carcinogenic substances. The Committee once again requests the Government to provide information on progress made regarding the development of the matrix of exposure to carcinogenic substances.

2. Asbestos replacement. With regard to asbestos replacement, the Committee notes the Government’s statement that: (i) the Ministry of People’s Power for Health (MPPS) and the Ministry of People’s Power for the Environment have developed strategies for the removal of asbestos (“Procedure for the importation, handling and removal of asbestos and asbestos materials”); (ii) the MPPS regulates the importation of asbestos through the Sanitary Engineering Department, via Decree No. 827 of 1990; (iii) Venezuelan Convention of Industrial Standards (COVENIN) standard No. 2251 of 1998 (“Asbestos. Transport, storage and use. Occupational hygiene measures”) regulates all aspects of occupational exposure to asbestos; (iv) the implementation of the permit to import asbestos has become an important tool for the control of this mineral; (v) 100 per cent of the asbestos imported by the country is chrysotile (white asbestos); (vi) the ordinance on the replacement of asbestos by the state oil and gas company is now in force; and (vii) since 2014, the Barrio Nuevo, Barrio Tricolor Great Mission has been replacing asbestos with cement in various types of roof throughout the country. Recalling that each Member which ratifies this Convention shall make every effort to have carcinogenic substances and agents to which workers may be exposed in the course of their work replaced by non-carcinogenic substances or agents or by less harmful substances or agents, the Committee requests the Government to continue providing information on asbestos in this regard.

Article 2(2). Reduction to the minimum compatible with safety of the level of exposure of workers to ionizing radiation. In its previous comment, the Committee noted that COVENIN standard No. 2259 of 1995 provides, with respect to pregnant women, that during the period from conception to birth it must be guaranteed that the embryo/foetus is not exposed to a dose of more than 5 mSv. The Committee notes that the Government does not provide any information on this matter. The Committee recalls that Article 2(2) of the Convention provides that the number of workers exposed to carcinogenic substances or agents and the duration and degree of such exposure shall be reduced to the minimum compatible with safety. In this regard, the Committee refers to paragraph 33 of its general observation of 2015 on the Radiation Protection Convention, 1960 (No. 115), in which it considers that the methods of protection at work for women who are pregnant should provide a level of protection for the embryo/foetus broadly similar to that provided for members of the public (1 mSv). The Committee requests the Government to provide supplementary information on any measures taken or contemplated to guarantee that the duration and degree of exposure to ionizing radiation is reduced to the minimum compatible with safety.

Article 3. Measures to protect workers against the risks of exposure to carcinogenic substances or agents. The Committee notes the Government’s indication, in reply to its previous request, that in the framework of its annual operating plan INPSASEL applies the “comprehensive action” strategy, whereby technical representatives of the substantive disciplines of the institution (occupational health, hygiene and safety, education, sanctions and epidemiology) carry out a prior study in workplaces and subsequently carry out a follow-up visit to check the health and safety aspect of jobs and develop work plans to improve working conditions and the working environment, including assessments of risks arising from exposure to hazardous substances. While noting that the Government refers to general protection measures, the Committee requests it to provide supplementary information on the specific measures taken to protect workers against exposure to carcinogenic substances or agents in the workplace. The Committee also requests the Government to provide information on measures taken or envisaged to establish an appropriate system of records, in accordance with Article 3 of the Convention.

Article 5. Measures to ensure that workers are provided with medical examinations. In its previous comment, the Committee noted that the LOPCYMAT regulations require periodic medical examinations to be undertaken, including a pre-employment examination, pre- and post-vacation examinations, an examination upon termination of employment and examinations related to exposure to hazards. The Committee notes the Government’s indication that hazards are taken into account when determining the relevant examinations relating to exposure to carcinogenic substances or agents, concentrations of substances in the air, and the duration of exposure. The Committee requests the Government to provide information on the application in practice of Article 5 of the Convention in order to guarantee that workers are provided with the medical examinations or the biological or other examinations or investigations, during and after employment, which are necessary to assess exposure or state of health in relation to occupational hazards.

Article 6. Measures, institutions and appropriate inspection services. The Committee notes the information provided by the Government, in reply to its previous request, extracted from the 2018 report of the Ministry of People’s Power for the Social Process of Labour, regarding the work done that year by INPSASEL, which includes training activities for workers and their representatives in the field of OSH, research into OSH in different sectors, and preventive and corrective supervisory and monitoring measures in relation to working conditions and the working environment. In this regard, the Committee refers to its comments made in relation to Convention No. 155.

C. 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 (SRM TWG), classified Convention No. 45 as an outdated instrument, and placed an item on the agenda of the 113th 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 SRM TWG and to consider the possibility of ratifying the most up-to-date instruments in this subject area. In this regard, the Committee reminds the Government of the possibility to avail itself of technical assistance from the Office.

[The Government is asked to reply in full to the present comments in 2022.]

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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

1. The Committee notes the Government’s report which indicates that there have been no modifications in the application of the Convention. It also notes the information concerning the activities of the National Institute of Occupational Prevention, Safety and Health (INPSASEL) set out in its 2003 annual report.

2. The Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that with respect to underground work the States parties to Convention No. 45 should be invited to contemplate ratifying the Safety and Health in Mines Convention, 1995 (No. 176), and possibly denouncing Convention No. 45 even though the latter instrument has not been formally revised (see GB.283/LILS/WP/PRS/1/2, paragraph 13). Contrary to the old approach based on the outright prohibition of underground work for all female workers, modern standards focus on risk assessment and risk management and provide for sufficient preventive and protective measures for mineworkers, irrespective of gender, whether employed in surface or underground sites. As the Committee has noted in its 2001 General Survey on night work of women in industry in relation to Conventions Nos. 4, 41 and 89, "the question of devising measures that aim at protecting women generally because of their gender (as distinct from those aimed at protecting women’s reproductive and infant nursing roles) has always been and continues to be controversial" (paragraph 186).

3. In the light of the foregoing observations, and also considering that the present trend is no doubt to remove all gender-specific restrictions on underground work, the Committee invites the Government to give favourable consideration to the ratification of the Safety and Health in Mines Convention, 1995 (No. 176), which shifts the emphasis from a specific category of workers to the safety and health protection of all mineworkers, and possibly also to the denunciation of Convention No. 45. In this respect, the Committee recalls that, according to established practice, the Convention will be next open to denunciation during a one-year period from 30 May 2007 to 30 May 2008. The Committee requests the Government to keep it informed of any decision taken in this regard.