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Benzene Convention, 1971 (No. 136) - Uruguay (Ratification: 1977)

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

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 115 (radiation protection), 136 (benzene), 139 (occupational cancer), 155 (OSH), 161 (occupational health services), 162 (asbestos), 167 (OSH in construction), 176 (OSH in mines) and 184 (OSH in agriculture) together.

The Committee notes the observations of the Inter-Union Assembly of Workers – Workers’ National Convention (PIT–CNT) on the application of Convention No. 155, communicated by the Government.

A. General provisions

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

The Committee notes the information provided by the Government in response to its previous comments on Article 18 (measures to deal with emergencies) of the Convention.

Articles 4, 5(d) and 7 of the Convention. Periodic reviews of the national situation and communication at all appropriate levels. The Committee recalls that in previous comments it noted that, under section 12 of Decree No. 291/007, a sectoral tripartite committee must be created in each sector or branch of activity to formulate, implement and periodically review a national policy and its methods of implementation in relation to occupational safety, occupational health and the working environment, in order to give effect to the Convention. In this regard, the Committee notes the observations provided by the PIT–CNT that there continue to be difficulties in setting up tripartite forums at the sectoral level. The Committee requests the Government to provide information on the manner in which it is ensured that the situation regarding workers’ safety and health and the working environment is reviewed at appropriate intervals, either overall or in respect of particular sectors, with a view to identifying major problems and evolving effective methods for dealing with them and priorities of action. The Committee also requests the Government to provide additional information on the work of the sectoral tripartite committees.

Article 11(e). Annual publication of information. With reference to its previous comments, the Committee notes the Government’s indication that efforts were made to improve the quality of information and the production of reports analysing the accident rate at the national level and by sector or branches of activity, and that regular annual presentations were made to the National Occupational Safety and Health Board (CONASSAT) and to the sectoral tripartite committees. The Committee also notes the Government’s indication that the Occupational Accidents Monitoring System, which contains information on occupational accidents, was launched as a result of the coordinated work of the Ministry of Labour and Social Security (MTSS) and the State Insurance Bank (BSE). The Committee notes that both this monitoring system and the Occupational Diseases Monitoring System are databases available on the web page of the BSE which contain detailed quarterly and annual information on, respectively, occupational accidents and occupational diseases that have been recognized under Act No. 16074, on occupational accident and disease insurance.

Articles 13 and 19(f). Protection for workers who remove themselves from work situations that present an imminent and serious danger. With reference to its previous comments, the Committee notes that the Government refers to the various provisions of Decree No. 125/014 and Decree No. 394/018, which establish the procedures for, respectively, the halting of work in the construction industry and in dock work when there is imminent and serious risk to the physical safety of one or more workers. The Committee notes that the provisions referred to by the Government specify that the procedures for halting work shall be initiated by the safety and health delegate or the workers’ representative on the safety committee, and do not protect all workers who remove themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health. Noting that the provisions referred to by the Government do not give effect to Articles 13 and 19(f) of the Convention, the Committee once again requests the Government to adopt the necessary measures to ensure that workers who believe it necessary to remove themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health are protected from undue consequences. It also requests the Government to provide information on the measures adopted in this regard.

Article 17. Collaboration between enterprises engaging in activities simultaneously at one workplace. With reference to its previous comments, the Committee notes the Government’s reference to section 108(f) of Decree No. 394/018, which regulates the content of plans for the performance of dock work in a single confined or potentially confined space where operators from more than one enterprise are present. Noting that the provisions referred to by the Government do not give full effect to Article 17 of the Convention, the Committee once again requests the Government to adopt the necessary measures to ensure that whenever two or more enterprises engage in activities simultaneously at one workplace, they shall collaborate in applying the requirements of the Convention, and that this requirement covers all workers in all branches of economic activity. It also requests the Government to provide information on the measures adopted in this regard.

Articles 19(b) and (c) and 20. Adoption of provisions at the level of the enterprise regarding the cooperation of workers’ representatives with the employer and appropriate training in the area of OSH given to workers and their representatives. The Committee recalls that section 5 of Decree No. 291/007 provides for the establishment of bipartite cooperation bodies on OSH at the enterprise level. The Committee notes that Decree No. 244/016 amended sections 5(d) and 11 of Decree No. 291/007 and added sections 5bis and 11bis, and that all these provisions refer to the establishment of the bipartite bodies and to their activities.

2. Occupational Health Services Convention, 1985 (No. 161)

Article 9 of the Convention. Health services in multidisciplinary work. The Committee notes that section 5 of Decree No. 127/014, as amended by section 2 of Decree No. 126/019, still specifies that occupational prevention and health services shall be multidisciplinary and that their new composition of personnel shall include at least one doctor specialized in occupational health and one other professional or specialist holding any of the following qualifications: prevention specialist, occupational health technician, prevention technician, occupational safety and health professional, or prevention technology engineer, and may also include a psychologist, nursing personnel or specialists in fields associated with occupational safety and health.

B. Protection against specific risks

1. Radiation Protection Convention, 1960 (No. 115)

Article 14 of the Convention. Discontinuation of assignment to work involving exposure to ionizing radiation contrary to qualified medical advice. The Committee notes that Decision No. 004/2018 of the National Regulatory Authority for Protection against Radiation (ARNR), of 20 August 2018, approved a new version of the UY 100 Standard issuing the basic regulations on radiation protection and safety. The Committee notes with interest that section 140 of the UY 100 Standard (Revision VIII) provides that when it is determined, by the ARNR or in the context of the health monitoring programme required by the Standard, that, for health reasons, a worker cannot continue in employment involving occupational exposure, employers shall make every reasonable effort to provide the worker with adequate substitute employment, in accordance with the legislation in force.

2. Benzene Convention, 1971 (No. 136)

The Committee notes the information provided by the Government in reply to its previous comments on Articles 7(1) (performance of work involving the use of benzene or of products containing benzene in an enclosed system) and 8(2) (the provision of adequate means of protection against the risk of inhaling benzene vapour) of the Convention.

Article 4(2) of the Convention. Prohibition of the use of benzene and of products containing benzene as a solvent or diluent. The Committee requests the Government to provide information on the measures adopted to ensure that benzene is not used as a diluent and products containing benzene are not used as a solvent or diluent.

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

Article 5 of the Convention. Medical examinations. With reference to its previous comments, the Committee notes the Government’s indication that the BSE Monitoring System does not cover occupational diseases related to occupational cancer. The Committee also notes the Government’s indication that compulsory medical examinations and their frequency are provided for in Order No. 145/009 of the Ministry of Public Health on the monitoring of the health of workers exposed to occupational risk factors. The Committee notes that this Order does not provide for the performance of post-employment medical examinations, but the Government indicates that it is working to revise the Order. The Committee requests the Government to provide information on the measures adopted to ensure that cases of occupational cancer are identified. The Committee also requests the Government to adopt measures, including as part of the ongoing revision of Order No. 145/009, to ensure that workers are provided with such medical examinations or biological or other tests or investigations, after the period of employment, as are necessary to evaluate their exposure and supervise their state of health in relation to the occupational hazards. The Committee further requests the Government to provide information on any developments in the adoption of such measures.

4. Asbestos Convention, 1986 (No. 162)

Article 6(2) of the Convention. Cooperation between employers undertaking activities simultaneously at one workplace. In this respect, the Committee requests the Government to refer to its comments on the application of Article 17 (collaboration between enterprises engaging in activities simultaneously at one workplace) of Convention No. 155.

Articles 20(2) and (3) and 21(3). Keeping of records of the monitoring of the working environment and the access of the workers, their representatives and the inspection services to these records. Obligation to inform workers in an adequate and appropriate manner of the results of their medical examinations and provide advice concerning their health. In relation to its previous comments, the Committee notes the Government’s indication that it is working to revise Order No. 145/009 on the monitoring of the health of workers exposed to occupational risk factors, with a view to updating it and expressly including the obligation to inform workers of the results of their medical examinations and provide them with advice. The Committee requests the Government to provide information on any progress made in the revision of Order No. 145/009. Furthermore, having noted the continued absence of information on this matter, the Committee once again requests the Government to provide information on the requirement for employers to keep records of the monitoring of the working environment and the workers exposed to asbestos, as well as the right of workers concerned, their representatives and the inspection services to access these records.

C. Protection in specific branches of activity

1. Safety and Health in Construction Convention, 1988 (No. 167)

Article 3 of the Convention. Consultation with the most representative organizations of employers and workers regarding measures that give effect to the provisions of the Convention. Noting the information provided by the Government, the Committee requests the Government to continue providing information on the activities undertaken by the Tripartite Occupational Safety and Health Committee for the Construction Industry.

Article 12(1). Right of workers to remove themselves from dangerous situations that pose an imminent and serious danger to their safety or health. Duty to inform their supervisor immediately. The Committee notes the Government’s indication, in relation to its previous comments, that there are no provisions guaranteeing the rights and obligations provided for in this clause of the Convention. The Committee once again requests the Government to adopt the necessary measures to ensure that the national legislation provides for the right of all workers to remove themselves from danger when they have good reason to believe that there is an imminent and serious danger to their safety or health, and the duty so to inform their supervisor immediately. The Committee requests the Government to refer to its comments on the application of Articles 13 and 19(f) (protection for workers who remove themselves from work situations that present an imminent and serious danger) of Convention No. 155.

Application in practice. The Committee notes that, according to information available in the BSE Occupational Accidents Monitoring System, in the first half of 2019, the total number of occupational accidents increased by 2.0 per cent year on year and that the sector that contributed to the largest extent to this increase was the construction industry, together with ancillary activities. In the first quarter of 2019, there were 815 occupational accidents in this industry, representing an increase of 13.5 per cent compared with the first quarter of 2018. The Committee requests the Government to provide information on the reasons for the increased number of occupational accidents in the construction sector in the first quarter of 2019 in comparison with the first quarter of 2018.

2. Safety and Health in Mines Convention, 1995 (No. 176)

Article 3 of the Convention. National policy. The Committee requests the Government to provide information on the activities undertaken by the Tripartite Occupational Safety and Health Committee for the Mining Sector.

Article 4. National legislation to ensure the application of the Convention and other supplementary measures. The Committee notes the Government’s indication that the legislation has not been amended and, moreover, Decree No. 1230/43 issuing the Regulations on Mining Police and Security continues to be applied. The Committee also notes an absence of information on the status of the approval process of the draft Decree governing mining police and security (2016), provided by the Government with its previous report, which would update the Regulations on Mining Police and Security currently in force. The Committee once again requests the Government to provide information on the status of the draft Decree governing mining police and security as well as information on other measures applying the Convention that supplement the national legislation.

Article 5(2)(d). Compilation and publication of statistics. In relation to its previous comments, the Committee notes the Government’s indication that there are no records of accidents in mines and the BSE Occupational Accidents and Occupational Diseases Monitoring Systems do not contain information on the mining sector. The Committee requests the Government to adopt the necessary measures to ensure the compilation and publication of statistics on accidents, occupational diseases and dangerous occurrences.

Article 5(3). Competent persons for the manufacture, storage, transport and use of explosives and detonating devices. The Committee notes the Government’s indication, in reply to its previous comments, that the Weaponry and Supplies Service of the National Defence Ministry is the competent body with regard to the manufacture, storage, transport and use of explosives and detonating devices and the applicable regulation is Decree No. 2605/943 on explosives and weapons. The Committee notes that section 19 of this Decree provides that, in order to obtain a manufacturing permit for explosives for the detonation and detonating of explosions and regular explosives or destructive devices, a factory must be under the technical management of an industrial chemist with a qualification issued or endorsed by the University of the Republic.

Article 6. Employer’s assessment and handling of risks. Noting the absence of specific information in this respect, the Committee once again requests the Government to provide information on the measures taken to ensure that risks are assessed and dealt with by employers in the following order of priority: (a) eliminate the risk; (b) control the risk at source; (c) minimize the risk; and (d) in so far as the risk remains, provide for the use of personal protective equipment.

Article 7(c). Stability of the ground. In the absence of information in this respect, the Committee once again requests the Government to provide information on the measures taken or envisaged to guarantee that the employer ensures the stability of the ground in areas to which persons have access in the context of their work.

Article 7(i) and 8. Stoppage of work and evacuation. Specific emergency response plan. The Committee notes that section 11 of Chapter II of Title V of Decree No. 406/88 governing occupational safety and health, provides that in the event of any accidental exposure or emergency related to chemical, physical or biological agents which may have serious consequences for workers or the general public, a perfectly organized emergency plan shall be drawn up. The Committee also notes the Government’s indication that the project evaluation and inspection division of the Ministry of Industry, Energy and Mining requests, before the mining activity begins, the presentation of a safety protocol, which must indicate the measures to be taken in the event of an incident, and this protocol is monitored during the inspections conducted by the above-mentioned division. The Committee requests the Government to specify whether the above-mentioned emergency plan and/or safety protocol contain measures that guarantee the stoppage of work and the evacuation of workers to a safe location when there is serious danger to the safety and health of workers and ensure that there is an emergency response plan, specific to each mine, for reasonably foreseeable industrial and natural disasters.

Article 9(d). First aid, transportation and medical facilities. Further to its previous comments, the Committee notes that section 100 of Chapter XXIII, Title II of the Occupational Safety and Health Regulations provides that, in the event of an accident, workers must be supervised by an operator trained as a responder with a knowledge of first aid and that, nevertheless, the first measure to take in the event of an accident is to proceed without delay to a medical centre.

Article 10(a). Training programmes. The Committee notes that further to its previous comments, the Government refers to Decree No. 291/007 implementing the provisions of Convention No. 155 and Decree No. 306/005 regulating the prevention of and protection against risks arising from the chemical industry; the Government indicates that these Decrees require all enterprises to establish a cooperative body comprising workers and employers in order to promote and collaborate on planning training, which shall be consensual, and promote and maintain cooperation on occupational health, occupational safety and the working environment. The Committee requests the Government to provide information on how it ensures that workers are provided, at no cost to them, with adequate training and retraining programmes, including in the context of the training plans developed by the cooperative bodies comprising workers and employers established in enterprises pursuant to section 5 of Decree No. 291/007.

Article 10(b). Supervision and control. In its previous comments, the Committee noted that section 26 of the Regulations on Mining Police and Security provides that wherever the presence of water is suspected that may flow into the work area, it must be investigated and the supervisor must report to the mine manager on the status of the investigation before the start of each replacement shift. Noting that the Government does not provide information in this regard, the Committee once again requests the Government to provide information on the measures taken to provide for the employer’s obligation to ensure that supervision and control are provided on each shift in all cases and not only when the presence of water is suspected.

Article 12. Activities of two or more employers at the same mine. In relation to its previous comments, the Committee notes the Government’s indication that when mining activity is outsourced or there is more than one company working in a mining venture, responsibility lies with the owner of the mine, in accordance with the provisions of the Mining Code. Noting that this Code does not contain provisions giving full effect to Article 12 of the Convention, the Committee once again requests the Government to take the necessary measures to ensure that whenever two or more employers undertake activities at the same mine, the employer in charge of the mine shall coordinate the implementation of all measures relating to safety and health and shall hold the primary responsibility for the safety of the operations.

Article 13(1)(a), (b) and (e) and (2)(b), (c) and (f). Rights of workers and their representatives. Further to its previous comments, the Committee notes that the Government refers, in a general manner, to Act No. 16074 on insurance for occupational accidents and diseases, Decree No. 406/988, regulatory provisions on occupational safety and health, and Decree No. 306/005 regulating the prevention of and protection against risks arising from the chemical industry, without specifying the particular provisions of these texts that would give effect to Article 13(1)(a), (b) and (e) and (2)(b), (c) and (f) of the Convention. The Committee notes that the Government also refers to sections 4 (right of workers or their representatives to consult and make recommendations on occupational safety and health to the employer) 5, 5bis, 11 and 11bis (on the establishment and activities of bipartite cooperation bodies on occupational safety and health at the enterprise level) of Decree No. 291/007. Noting the absence of specific information in this regard, the Committee once again requests the Government to provide information on the legislative provisions covering the rights of workers: (i) to report accidents, dangerous incidents and hazards (Article 13(1)(a)); (ii) to request and obtain inspections and investigations (Article 13(1)(b)); and of their representatives: (iii) to participate in inspections and investigations as well as monitor and investigate safety and health matters (Article 13(2)(b)); (iv) to have recourse to advisers and independent experts (Article 13(2)c)); and (v) to receive notice (Article 13(2)(f)). The Committee also requests the Government to refer to its comments on the application of Articles 13 and 19(f) (on the protection of workers removed from imminent and serious danger) of Convention No. 155, and to provide information concerning Article 13(1)(e) of this Convention.

Article 13(4). Discrimination or retaliation. Noting that the Government refers to the provisions of section 14 of Decree No. 291/007, to which the Committee referred in its previous comment, the Committee again requests the Government to provide information on the measures taken to ensure that workers and their representatives are able to exercise the rights provided for in Article 13(1) and (2) of the Convention without discrimination or retaliation.

Article 14. Workers’ duties. In the absence of information in this regard, the Committee once again requests the Government to provide information on the measures taken to give effect to the provisions of Article 14(b), (c) and (d) of the Convention.

3. Safety and Health in Agriculture Convention, 2001 (No. 184)

Article 4 of the Convention. National policy. The Committee takes note of the information provided by the Government on the activities of the tripartite committee on occupational safety and health in agriculture. The Committee requests the Government to continue to provide information on the activities of the above-mentioned committee.

Article 5. Inspection system. In this regard, the Committee requests the Government to refer to its comments on the application of Articles 14 and 21 (on the number of labour inspectors and inspection visits and the frequency and thoroughness of labour inspections) and Articles 26 and 27 (on the annual report on the activities of the inspection services) of the Labour Inspection (Agriculture) Convention, 1969 (No. 129).

Article 6(2). Cooperation involving two or more employers, or one or more employers and one or more self-employed persons, in an agricultural workplace. Noting the absence of information in this regard, the Committee again requests the Government to provide information on the manner in which the legislation or the competent authorities fulfil the requirement that whenever in an agricultural workplace two or more employers undertake activities, or whenever one or more employers and one or more self-employed persons undertake activities, they shall cooperate in applying the safety and health requirements. The Committee also requests the Government to indicate whether the competent authority has established general procedures for such cooperation. The Committee also requests the Government to refer to its comments on the application of Article 17 (on collaboration between enterprises engaging in activities simultaneously at one workplace) of Convention No. 155.

Article 11(2). Handling and transport of materials. Prohibition on requiring or permitting the manual handling or transport of certain loads. Noting that the Government, once again, has not provided the requested information, the Committee again requests the Government to provide information on the manner in which it is ensured that workers are not required or permitted to manually handle or transport a load that, due to its weight or nature, could jeopardize their safety or health.

Article 16(2) and (3). Young workers and hazardous work. Further to its previous comments, the Committee notes the Government’s indication that the work permits for young people aged between 16 and 18 years authorized to work as milking yard, wiring assistant and horse-riding guide, were issued on an exceptional basis by the Board of Directors of the Uruguayan Institute for Children and Young Persons, and that they are monitored by the National Inspectorate for the Work of Children and Young Persons of that institute. The Government indicates that in order to obtain an exemption for an activity, a responsible person of legal age must accompany the young person throughout the working day and the young person may not perform any task considered hazardous unless accompanied by the responsible person. The Committee also notes the Government’s indication that the National Committee for the Elimination of Child Labour is working on introducing new training on certain activities for young people before they start working in those areas. The Committee requests the Government to refer to its comments on the application of Article (3)(2) (on the determination of hazardous types of work) of the Minimum Age Convention, 1973 (No. 138).

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

The Committee notes the observations of the Inter-Union Assembly of Workers – Workers’ National Convention (PIT-CNT) on the application of Convention No. 155, communicated by the Government.

A. General provisions

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

The Committee notes the information provided by the Government in response to its previous comments on Article 18 (measures to deal with emergencies) of the Convention.

Articles 4, 5(d) and 7 of the Convention. Periodic reviews of the national situation and communication at all appropriate levels. The Committee recalls that in previous comments it noted that, under section 12 of Decree No. 291/007, a sectoral tripartite committee must be created in each sector or branch of activity to formulate, implement and periodically review a national policy and its methods of implementation in relation to occupational safety, occupational health and the working environment, in order to give effect to the Convention. In this regard, the Committee notes the observations provided by the PIT-CNT that there continue to be difficulties in setting up tripartite forums at the sectoral level. The Committee requests the Government to provide information on the manner in which it is ensured that the situation regarding workers’ safety and health and the working environment is reviewed at appropriate intervals, either overall or in respect of particular sectors, with a view to identifying major problems and evolving effective methods for dealing with them and priorities of action. The Committee also requests the Government to provide additional information on the work of the sectoral tripartite committees.

Articles 19(b) and (c) and 20. Adoption of provisions at the level of the enterprise regarding the cooperation of workers’ representatives with the employer and appropriate training in the area of OSH given to workers and their representatives. The Committee recalls that section 5 of Decree No. 291/007 provides for the establishment of bipartite cooperation bodies on OSH at the enterprise level. The Committee notes that Decree No. 244/016 amended sections 5(d) and 11 of Decree No. 291/007 and added sections 5 bis and 11 bis, and that all these provisions refer to the establishment of the bipartite bodies and to their activities.

2. Occupational Health Services Convention, 1985 (No. 161)

B. Protection against specific risks

1. Radiation Protection Convention, 1960 (No. 115)

2. Benzene Convention, 1971 (No. 136)

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

Article 5 of the Convention. Medical examinations. With reference to its previous comments, the Committee notes the Government’s indication that the BSE Monitoring System does not cover occupational diseases related to occupational cancer. The Committee also notes the Government’s indication that compulsory medical examinations and their frequency are provided for in Order No. 145/009 of the Ministry of Public Health on the monitoring of the health of workers exposed to occupational risk factors. The Committee notes that Order No. 145/009 does not provide for the performance of post-employment medical examinations, but the Government is working to revise the Order. The Committee requests the Government to provide information on the measures adopted to ensure that cases of occupational cancer are identified. The Committee also requests the Government to adopt measures, including as part of the ongoing revision of Order No. 145/009, to ensure that workers are provided with such medical examinations or biological or other tests or investigations, after the period of employment, as are necessary to evaluate their exposure and supervise their state of health in relation to the occupational hazards. The Committee further requests the Government to provide information on any developments in the adoption of such measures.

4. Asbestos Convention, 1986 (No. 162)

C. Protection in specific branches of activity

1. Safety and Health in Construction Convention, 1988 (No. 167)

Application in practice. The Committee notes that, according to information available in the BSE Occupational Accidents Monitoring System, in the first half of 2019, the total number of occupational accidents increased by 2.0 per cent year on year and that the sector that contributed to the largest extent to this increase was the construction industry, together with ancillary activities. In the first quarter of 2019, there were 815 employment injuries in this industry, representing an increase of 13.5 per cent compared with the first quarter of 2018. The Committee requests the Government to provide information on the reasons for the increased number of occupational accidents in the construction sector in the first quarter of 2019 in comparison with the first quarter of 2018.

2. Safety and Health in Mines Convention, 1995 (No. 176)

Article 13(1)(a), (b) and (e) and (2)(b), (c) and (f). Rights of workers and their representatives. Further to its previous comments, the Committee notes that the Government refers, in a general manner, to Act No. 16074 on insurance for occupational accidents and diseases, Decree No. 406/988, regulatory provisions on occupational safety and health, and Decree No. 306/005 regulating the prevention of and protection against risks arising from the chemical industry, without specifying the particular provisions of these texts that would give effect to Article 13(1)(a), (b) and (e) and (2)(b), (c) and (f) of the Convention. The Committee notes that the Government also refers to sections 4 (right of workers or their representatives to consult and make recommendations on occupational safety and health to the employer) 5, 5 bis, 11 and 11 bis (on the establishment and activities of bipartite cooperation bodies on occupational safety and health at the enterprise level) of Decree No. 291/007. Noting the absence of specific information in this regard, the Committee once again requests the Government to provide information on the legislative provisions covering the rights of workers: (i) to report accidents, dangerous incidents and hazards (Article 13(1)(a)); (ii) to request and obtain inspections and investigations (Article 13(1)(b)); and of their representatives: (iii) to participate in inspections and investigations as well as monitor and investigate safety and health matters (Article 13(2)(b)); (iv) to have recourse to advisers and independent experts (Article 13(2)c)); and (v) to receive notice (Article 13(2)(f)). The Committee also requests the Government to refer to its comments on the application of Articles 13 and 19(f) (on the protection of workers removed from imminent and serious danger) of Convention No. 155, and to provide information concerning Article 13(1)(e) of this Convention.

3. Safety and Health in Agriculture Convention, 2001 (No. 184)

Article 5. Inspection system. In this regard, the Committee requests the Government to refer to its comments on the application of Articles 14 and 21 (on the number of labour inspectors and inspection visits and the frequency and thoroughness of labour inspections) and Articles 26 and 27 (on the annual report on the work of the inspection services) of the Labour Inspection (Agriculture) Convention, 1969 (No. 129).

Article 16(2) and (3). Young workers and hazardous work. Further to its previous comments, the Committee notes the Government’s indication that the work permits for young people aged between 16 and 18 years authorized to work as farmhand, wiring assistant and horse-riding guide, were issued on an exceptional basis by the Board of Directors of the Uruguayan Institute for Children and Young Persons, and that they are monitored by the National Inspectorate for the Work of Children and Young Persons of that institute. The Government indicates that in order to obtain an exemption for an activity, a responsible person of legal age must accompany the young person throughout the working day and the young person may not perform any task considered hazardous unless accompanied by the responsible person. The Committee also notes the Government’s indication that the National Committee for the Elimination of Child Labour is working on introducing new training on certain activities for young people before they start working in those areas. The Committee requests the Government to refer to its comments on the application of Article (3)(2) (on the determination of hazardous types of work) of the Minimum Age Convention, 1973 (No. 138).

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

Application of the Convention in practice. With reference to its previous comments, the Committee notes the Government’s indication that in May 2014, the National Tripartite Commission for the Chemical Industry organized a second training course for Workers’ delegates to bipartite bodies and another for Employers’ delegates. The courses were supplementary to those held in 2013, covering almost 30 per cent of the enterprises in the sector, which represent over 50 per cent of the enterprises affiliated with the relevant chamber of commerce and for the Union of Chemical Industry Workers. A follow-up of these activities has been planned. The Committee requests the Government to provide information on the manner in which these activities give effect to the Convention.

Moreover, noting that the Government’s report contains no information on a question raised in its previous comments, the Commission is bound to repeat the question, which read as follows:

Article 7(1). Use of enclosed systems for work processes involving the use of benzene or of products containing benzene. Article 8(2). Compulsory use of personal protective equipment against the risk of inhaling benzene vapour. The Committee notes that, in response to the questions concerning these two Articles, the Government reiterates that benzene does not exist and is not used in Uruguay. On the one hand, the Committee notes that Decree No. 307/009 contains prevention and protection measures which could give effect to these Articles of the Convention and, on the other, refers to its comments in the previous paragraph. The Committee therefore requests the Government to provide detailed information on the application of these two Articles, also taking into account its comments made in 2006, and on the manner in which Decree No. 307/009 is applied in this respect.

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

General framework for the application of the Convention. The Committee notes with interest Decree No. 307/009 of 3 July 2009, establishing minimum compulsory standards for the protection of the health and safety of workers against risks related to chemicals. This Decree is the result of the work of the Tripartite Commission for the Chemical Industry established by Decree No. 306/005 with the technical collaboration of the Ministry of Labour and Social Affairs of Spain. Decree No. 307/009 lays down the minimum compulsory conditions for the protection of the health and safety of workers against risks related to chemicals in the course of work, contains detailed regulations for the assessment of risks and on prevention plans, the principles of prevention, the supervision of health, the measures to be adopted in the event of accidents, incidents and emergencies, prohibitions, information and training, and the consultation and participation of workers. It accordingly establishes an adequate and favourable framework for the application of the present Convention. The Committee notes that certain specific issues relating to the present Convention have remained pending for a number of years and, in the hope that the Government can contribute to clarifying them in its next report, enumerates them below.

Article 4(2) of the Convention. Obligation to prohibit the use of benzene and of products containing benzene as a solvent or diluents, except where the process is carried out in an enclosed system or where there are other equally safe methods of work. For several years, the Committee has been referring to section 3 of Decree No. 183/982 of 27 May 1982, under the terms of which: “The use is prohibited of the substances enumerated in the Schedule in Annex II for the uses indicated in that Schedule.” The Schedule in Annex II, in its enumeration of prohibited substances and uses, refers to benzene or benzole “as a solvent, when it can be substituted and in waterproofing products”. Previously in 1992, the Committee referred to this wording and considered it very ambiguous. The Committee has repeatedly indicated that the prohibition appeared to refer only to two hypotheses: the use of benzene as a solvent when it can be substituted and its use in waterproofing products. The Committee notes the Government’s reference to Decree No. 307/009 of 3 July 2009, and particularly to section 9(1) of the Decree. However, the Committee notes that, with regard to benzene, Decree No. 307/009 confirms the prohibition in the same terms as Decree No. 183/82, for which reason the Committee’s comment remains valid that, although the use of benzene is prohibited as a solvent, its prohibition as a diluent is not yet sufficiently regulated, nor is the prohibition of products containing benzene. In practice, the prohibition of use of benzene in waterproofing products would cover part of the prohibition of its use as a diluent, but not all uses. Finally, the Committee notes that, on the one hand, the Government reiterates that benzene is prohibited, while at the same time providing copies of: (1) Order No. 145 of 13 March 2009 on the management of the prevention and protection of risks arising out of work, which contains tables on health supervision establishing specific monitoring for benzene; and (2) the “Guide for the medical treatment of workers exposed to solvents” of 2006, containing specific references to benzene. The Committee therefore requests the Government to ensure that its legislation gives effect to this Article and to provide information on: (1) the prohibition of the use of benzene as a diluent; and (2) the prohibition of the use of products containing benzene as: (i) solvents or (ii) diluents. Please also provide information on the use of benzene and products containing benzene covered by the Guide referred to above (only in relation to benzene) and by Order No. 145, referred to above.

Part IV of the report form. Application in practice. The Committee notes that the Government does not have at its disposal specific information on this subject and that it refers to the latest annual report of the Labour Inspectorate communicated to the Office. The Committee notes that the above report, of December 2008, does not contain information on the application of the Convention and it requests the Government to provide practical information on the activities of the Tripartite Commission for the Chemical Industry in relation to the present Convention.

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

Article 4, paragraph 2, of the Convention. Obligation to prohibit the use of benzene and of products containing benzene as a solvent or diluent except where the process is carried out in an enclosed system or where there are other equally safe methods of work. Article 7, paragraph 1. Use of enclosed systems for work processes involving the use of benzene or of products containing benzene. Article 8, paragraph 2. Personal protective equipment. Article 14, subparagraph (a). Legislation. Part IV of the report form. Application in practice. The Committee notes from the Government’s report that Decree No. 183/982 of 27 May 1982 prohibiting the use of benzene as a solvent remains in force and that no companies have been reported as using benzene. The Committee notes that the Government does not supply any information on the matters raised by the Committee. With reference to Decree No. 306/005 of 14 September 2005 concerning the chemical industry, as mentioned in its comments on the Occupational Cancer Convention, 1974 (No. 139), and Decree No. 291/007 of 13 August 2007 on protection against risks, which it also mentioned in its comments on the application of the Occupational Safety and Health Convention, 1981 (No. 155), and which appears to facilitate more coordinated action in occupational safety and health, and also with reference to the setting up of a tripartite sectoral commission in the chemical industry, the Committee hopes that the abovementioned legislation and commission will have a positive impact on the application of the Convention. The Committee requests the Government to supply detailed information on the issues raised in its previous comments relating to the Articles referred to above and requests it to supply information on the activities of the tripartite sectoral commission in relation to the present Convention.

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

1. The Committee notes the information contained in the Government’s reports. It observes that they do not contain information concerning any future legal texts or work for the preparation of such texts. It recalls that the Government has frequently indicated in its reports over a number of years, starting from 1990, that, to supplement Decree No. 406/88 prescribing general regulations on safety and health conditions, two decrees were being examined to implement existing standards and adopt new standards to regulate activities involving specific health risks, such as exposure to benzene. The Committee requests the Government to confirm its intention to adopt regulations in the near future, in accordance with Article 14(a) of the Convention, establishing such measures as may be necessary to give full effect to the Convention and to provide information on the progress achieved in this respect. The Committee also requests the Government to provide further clarifications in its next report on the following matters.

2. Article 4, paragraph 2, of the Convention. Obligation to prohibit the use of benzene and of products containing benzene as a solvent or diluent, except where the process is carried out in an enclosed system or where there are other equally safe methods of work. The Committee refers to its previous comments concerning the Government’s indication that, by virtue of section 3 of Decree No. 183/982 of 27 May 1982 concerning measures for the protection of workers against the risks caused by carcinogenic substances and agents, the following uses of benzene are prohibited: as a solvent, when other products can be used instead, and the use of benzene to make waterproof items. In this respect, the Committee notes once again that the wording of this prohibition is very ambiguous as it would appear to mean that the use of benzene as a solvent is prohibited in processes where it can be substituted by other products and that it is also prohibited in processes for making waterproof clothing. Noting the need to amend this section so as to clearly specify the prohibition of all uses of benzene as a solvent, the Committee requests the Government to indicate the measures adopted to give effect to this provision.

3. Article 7, paragraph 1. Use of enclosed systems for work processes involving the use of benzene or of products containing benzene. With reference to its previous comments, the Committee notes that the national legislation does not establish the obligation to use an enclosed system for processes involving the use of benzene. It requests the Government to indicate the manner in which, by practical or other measures, it is ensured that work processes involving the use of benzene or of products containing benzene shall as far as practicable be carried out in an enclosed system.

4. Article 8, paragraph 2. Obligation to use adequate means of personal protection against the risk of inhaling benzene vapour. The Committee notes that, under the terms of section 27(B) of the Decree of 14 September 1945 respecting the production and use of benzene, the employer was obliged to provide respiratory masks to workers engaged in particularly dangerous work processes involving benzene. The Committee requests the Government to indicate the manner in which, by practical or other measures, it is ensured that the respiratory masks referred to in section 27(B) of the Decree are provided to workers who, due to the nature of their work, may be exposed to concentrations of benzene in the air exceeding a maximum value of 25 parts per million.

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

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

The Committee notes the information provided by the Government in reply to its previous comments. It recalls that the Government had indicated in its report for the period ending 1 July 1989 that, to complement Decree No. 406/88 prescribing general regulations on safety and health conditions, two decrees were being studied in order to implement existing standards and adopt new standards to regulate activities involving specific health risks, such as exposure to benzene. The Government has indicated in its latest report that no new standards relevant to the application of the Convention have been adopted, but that regulations concerning specific health risks were still being studied. The Government is requested to continue to supply information on any progress made in this regard in future reports. Furthermore, the Government is requested to provide further clarifications in its next report on the following points:

Article 4, paragraph 2. The Committee recalls that under Article 4, paragraph 2 of the Convention, the use of benzene and of products containing benzene as a solvent or diluent shall be prohibited unless the process is carried out in an enclosed system or where there are other equally safe methods of work. The Committee notes the Government's indication that, by virtue of section 3 of Decree No. 183/982 of 27 May 1982 concerning measures for the protection of workers against the risks caused by carcinogenic substances and agents, the following uses of benzene are prohibited: as a solvent, when other products can be used instead and when benzene is used to make waterproof items. The Committee would note that the wording of this prohibition is very ambiguous as it appears to mean that the use of benzene as a solvent is prohibited in processes where it can be substituted with other products and is also prohibited in processes for making waterproof clothing. If Annex II were worded so as to prohibit the use of benzene as a solvent, and the use of benzene when other products can be used instead, and when benzene is used to make waterproof items, the prohibition of all uses of benzene as a solvent would be clear. The Government is, therefore, requested to indicate the measures taken or envisaged to amend this section so as to specify clearly the prohibition of all uses of benzene as a solvent (whether or not other products can be used instead). The Government is also requested to indicate the measures taken to prohibit the use of benzene as a diluent (unless carried out in an enclosed system).

Article 7, paragraph 1, of the Convention. Under Article 7, all work processes involving the use of benzene or products containing benzene shall be carried out in an enclosed system as far as practicable. The Committee notes that section 4 of Decree No. 183/982 provides that the use of the substances listed in table III shall be prohibited unless the process is carried out in an enclosed system. According to the Government's report, benzene is included in this list. The Committee has noted, however, that Bencidina, and not benzene, is on this list. The Committee notes that, under section 2 of the Decree dated 14 September 1945 concerning the production and use of benzol, benzene is excluded from its scope if it is fabricated or used in a closed apparatus, thus impeding the escape of the benzene into the working environment. Furthermore, section 3 of this Decree sets forth strict measures which must be taken by those enterprises using a closed apparatus so as to best ensure that the benzene will not escape into the workplace. The Government is requested to indicate the manner in which, by practical or other measures, it is ensured that, whenever practicable, work processes involving the use of benzene and of products containing benzene are carried out in an enclosed system.

Article 8, paragraph 2. The Committee notes from the Government's report that, in cases where workers may be exposed to concentrations of benzene in the air which exceed the normal exposure limit, the Honorary Commission of Dangerous Work has the option to establish a reduced work day. It further notes that section 5 of the Decree of 1945 provides that the work day for certain work processes involving exposure to benzene shall be limited to four hours. In previous comments, the Committee had noted that, under section 27(B) of this Decree, the employer was obliged to provide workers involved in particularly dangerous work processes involving benzene with respiratory masks. It would recall that, under this Article of the Convention, workers, who for special reasons may be exposed to concentrations of benzene in the air which exceed 25 p.p.m., shall be provided with adequate means of personal protection against the risk of inhaling benzene vapour. The Government is requested to indicate the manner in which, by practical or other measures, it is ensured that the respiratory masks referred to in section 27(B) of the Decree are provided to workers who, due to the nature of their work, may be exposed to benzene vapours exceeding 25 p.p.m. and to indicate whether, in such instances, the Honorary Commission of Dangerous Work has limited the duration of exposure.

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

The Committee notes with interest the adoption of Decree No. 406/88 of 17 June 1988 prescribing general regulations on safety and health conditions. In particular, concerning the applications of Article 1 and Article 2, paragraph 1, of the Convention, it notes that this Decree applies to all public or private establishments of an industry, commerce or services nature and that Part IV, Chapters I and II of the Decree regulate all workplaces where workers are exposed to the chemical, physical or biological agents listed in the Table of Hygienic Limits approved by the Minister of Public Health on 1 October 1982. The Government has indicated in its report that two complementary decrees are presently being studied and that one of these will implement existing standards and adopt new standards to regulate the activities in which workers are exposed to specific health risks, such as activities involving exposure to benzene. The Committee hopes that the specific regulations concerning exposure to benzene will be adopted in the near future and that they will include the provisions necessary for the full application of the following Articles of the Convention:

Article 4, paragraph 2. The use of benzene and of products containing benzene as a solvent or dilutent shall be prohibited by national laws or regulations, unless the process is carried out in an enclosed system.

Article 7, paragraph 1. The Committee would recall that Article 7 provides that, as far as practicable, work processes involving the use of benzene or products containing benzene shall be carried out in an enclosed system. The Government is requested to indicate the measures taken or envisaged to ensure that work processes involving the use of benzene are carried out in an enclosed system.

Article 8, paragraph 2. The Committee notes that Part IV, Chapter V, Sections 11 and 12 of Decree No. 406/88 ensure provision of adequate means of respiratory protection in workplaces where the air is contaminated with elements to such an extent as to be a risk to life or health. The Committee would recall, however, that Article 8, paragraph 2, concerns the special situation where a worker may be exposed to concentrations of benzene in the air which exceed the maximum determined by the competent authority, and for this reason requires not only the provision of adequate means of personal protection but also provides that the duration of exposure shall be limited as far as possible, even when the necessary means of personal protection are provided to the worker. The Government is requested to indicate the measures taken or envisaged in this regard. [The Government is requested to report in detail for the period ending 30 June 1990.]