Safety and Health in Construction Convention, 1988 (No. 167) - Dominican Republic (Ratification: 1998)

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

Previous comments: C.167, C.170, C.187

In order to provide a comprehensive view of the issues relating to the application of ratified occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine Conventions Nos 45 (underground work (women)), 119 (guarding of machinery), 167 (OSH in construction), 170 (chemicals) and 187 (promotional framework for OSH) in a single comment.

The Committee notes the information provided by the Government on the application of Article 4(3)(d) of Convention No. 187 and Article 16 of Convention No. 170, which responds to its previous comments.

Application in practice of Conventions Nos 119, 167, 170 and 187. The Committee requests the Government to provide information on the application in practice of the ratified OSH Conventions, including the number, type and cause of notified occupational accidents and diseases, and also information on inspection activities which have been carried out, including the number of inspections and investigations conducted and the number of infringements detected, corrective measures applied and penalties imposed.

A. General provisions

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

Article 2(3) of the Convention. Periodic consideration of measures that could be taken to ratify relevant occupational safety and health Conventions of the ILO. Further to its previous comments, the Committee notes the Government’s indication in its report that, with a view to reactivating the tripartite round table on issues relating to international labour standards, which is responsible for analysing and discussing the content and possible impact of ILO Conventions which the State proposes to ratify, the Under-Ministry for Trade Union and Employer Relations is reviewing and updating the Regulations on the functioning of the tripartite round table. While noting this information, and referring to its comments on the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), the Committee requests the Government to provide information on the periodic consideration of measures that could be taken to ratify relevant ILO occupational safety and health (OSH) Conventions, including in the context of the round table on issues relating to international labour standards, and on the outcome of consultations held in this regard with the most representative employers’ and workers’ organizations.

Article 3(1). Promotion of a safe and healthy working environment through a national policy. Further to its previous comments, the Committee notes the Government’s indication that the formulation of a draft national policy on OSH for the short, medium and long term is at an early stage. The Government indicates that once the draft national policy has been finalized, it will be submitted for evaluation to the National Occupational Safety and Health Council (CONSSO), a Ministry of Labour advisory body on the prevention of occupational accidents and diseases.

The Committee also notes the Government’s indication that CONSSO is being reactivated and that it will ordinarily meet every three months and hold additional special meetings whenever required by the chair or at the request of “50 per cent plus one” of the members of the multisectoral management, in accordance with section 7 of Decree No. 989 of 2003. The Committee requests the Government to continue providing information on progress made with regard to the formulation and adoption of the national OSH policy, in consultation with the most representative employers’ and workers’ organizations. The Committee also requests the Government to provide information on progress made with regard to the reactivation of CONSSO, the frequency of meetings actually held, and the outcome thereof.

Article 4(3)(h). Support mechanisms for a progressive improvement of OSH conditions in micro, small and medium-sized enterprises (MSMEs) and in the informal economy. The Committee notes the Government’s indication, in reply to its previous comments, that the review and updating of the 2006 Occupational Safety and Health Regulations and their supplementary resolutions (Resolution No. 04 of 2007 and Resolution No. 07 of 2007, which establish the registration and certification procedure for OSH service providers) include the strengthening of OSH in the MSME sector. The Government indicates that this review and update will enable the Industrial Safety and Health Department at the Ministry of Labour to: (i) launch a training process in MSMEs; and (ii) implement a pilot support plan for their formalization and certification in OSH. The Committee requests the Government to continue providing information on the support mechanisms for a progressive improvement of OSH conditions in MSMEs and in the informal economy, including information on measures taken with regard to the formalization of this category of enterprises and their impact on the progressive improvement of OSH conditions.

Article 5. National programme. Further to its previous comments, the Committee once again requests the Government to provide information on the measures taken to establish a national programme on OSH in accordance with the requirements of Articles 5(1) and 5(2) of the Convention, and to publicize and implement the national programme in accordance with Article 5(3). The Committee also requests the Government to provide information on the employers’ and workers’ organizations which have been consulted, including in the context of CONSSO.

B. Protection against specific risks

Chemicals Convention, 1990 (No. 170)

Article 4 of the Convention. Coherent policy on safety in the use of chemicals at work, in consultation with the most representative organizations of employers and workers. The Committee notes the Government’s indication, in reply to its previous comments, that in the context of the “Capacity-building project for the Ministry of Labour for improving working conditions in agriculture in the Dominican Republic (FORMITRA)”, implemented with ILO technical assistance, the Ministry of Labour, through the Industrial Safety and Health Department, drew up a proposal to amend and update the provisions relating to the use of chemicals at work in the 2006 Occupational Safety and Health Regulations and their supplementary resolutions. The Government indicates that this proposal includes provisions on the handling, storage and transportation of chemicals and the maintenance of equipment and containers used for chemicals, and also on preventive measures, including those relating to personal protective equipment. The Government also states that in 2022, in the context of the FORMITRA project, the Industrial Safety and Health Department prepared “User-friendly guide to the use and application of pesticides”. It also indicates that, together with the launch of the guide, 14 training workshops were held for employers, workers and public institutions in the agricultural sector, among others. The Committee also notes the Government’s indication that an action plan was formulated in relation to implementing the “Strategic approach to international chemicals management (SAICM)”.

The Committee requests the Government to continue providing information on the measures taken for the implementation and periodic review of a coherent policy on safety in the use of chemicals at work, including information on the impact of the legislative amendments made and on the implementation of the action plan related to the SAICM. The Committee also requests the Government to provide information on the consultations held in the process of formulation, implementation and periodic review of the policy, indicating the employers’ and workers’ organizations consulted, and the outcome of these consultations.

Article 10. Identification of chemicals.The Committee once again requests the Government to provide information on the measures taken, including in the context of the review and updating of the 2006 Occupational Safety and Health Regulations and their supplementary resolutions, to guarantee that employers ensure: (i) that all chemicals used at work are duly labelled or marked and that chemical safety data sheets have been provided and are made available to workers and their representatives (paragraph 1); (ii) that, when chemicals are received that have not been labelled or for which chemical safety data sheets have not been provided, they obtain the relevant information from the supplier or from other reasonably available sources, and that these chemicals are not used until such information is obtained (paragraph 2); (iii) that only chemicals which are duly classified, identified or assessed and labelled or marked are used, and that any necessary precautions are taken when they are used (paragraph 3); and (iv) that a record is maintained of hazardous chemicals used at the workplace, cross-referenced to the appropriate chemical safety data sheets, and is accessible to all workers concerned and their representatives (paragraph 4).

Article 11. Transfer of chemicals.The Committee once again requests the Government to provide information on the measures taken, including in the context of the process to review and update the 2006 Occupational Safety and Health Regulations and their supplementary resolutions, to guarantee that when chemicals are transferred into other containers or equipment, employers ensure that the contents are indicated in a manner which will make known to workers their identity, any hazards associated with their use and any safety precautions to be observed.

Article 12(d). Keeping of records of the monitoring of the working environment and the exposure of workers.The Committee once again requests the Government to provide information on the measures taken, including in the context of the process to review and update the 2006 Occupational Safety and Health Regulations and their supplementary resolutions, to guarantee that employers ensure that the records of the monitoring of the working environment and of the exposure of workers using hazardous chemicals are kept for a period prescribed by the competent authority and are accessible to the workers and their representatives, in accordance with Article 12(d) of the Convention. The Committee also requests the Government to indicate the period prescribed by the competent authority for keeping such data.

Article 18(1) and (2). Right of workers to remove themselves from danger and protection against undue consequences. Further to its previous comments, the Committee notes the Government’s indication that in the context of the process to review and update the 2006 Occupational Safety and Health Regulations and their supplementary resolutions, section 4(3) of these Regulations was brought into conformity with Article 18(1) and (2) of the Convention. While duly noting the information provided by the Government on the measures taken to bring its legislation into line with Article 18(1) and (2) of the Convention, the Committee urges the Government to step up its efforts to amend and update the 2006 Occupational Safety and Health Regulations and their supplementary resolutions in order to give effect to Article 18(1) and (2) of the Convention. The Committee also requests the Government to indicate the date of adoption of the amendments made to the 2006 Occupational Safety and Health Regulations and to provide a copy of the amended Regulations.

C. Protection in specific branches of activity

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

Article 3. Consultations. Further to its previous comments, the Committee notes the Government’s indication that the joint OSH committees established for all construction projects, in accordance with section 6(1) of Resolution No. 04 of 2007, hold periodic monthly meetings to evaluate and monitor the prevention of occupational risks and the protection of construction workers in the context of the OSH programme for construction work. The Government indicates that the minutes of the meetings of the technical round tables of the committees are sent to the Ministry of Labour, via the Industrial Safety and Health Department. The Committee also notes that CONSSO can also suggest sectoral programmes and plans to the Ministry of Labour (sections 4(2) and 4(3) of Executive Decree No. 989 of 2003). The Committee requests the Government to continue providing information on the consultations held with employers’ and workers’ organizations to give effect to the provisions of the Convention, in the context of CONSSO once it is reactivated, including the content of the consultations held and the measures taken to this end.

Article 34. Reporting of accidents and diseases. In response to the Committee’s previous comments on methods for reporting occupational accidents, the Government indicates that the latter are reported to the Dominican Institute for Occupational Risk Prevention and Protection through complaints from the trade unions, workers and joint committees by means of form ATR-2, and to the Ministry of Labour, through the minutes of the monthly ordinary meetings. The Committee observes that form ATR-2 contains elements which apply only to registered workers (the occupational insurance scheme to which they belong, start date at the enterprise, and length of service in the job). The Committee also notes that the Government does not provide any information on methods for reporting occupational diseases of unregistered workers. The Committee requests the Government to provide information on the measures taken to ensure the reporting of occupational accidents of unregistered workers, including the adaptation of form ATR-2 in relation to occupational accidents involving this category of workers. The Committee also requests the Government to provide information on methods for reporting occupational diseases of unregistered workers. The Committee further requests the Government to provide information on the number of reported occupational accidents and diseases involving both registered and unregistered workers in the construction sector.

Article 35. Adoption of the necessary measures to ensure the effective enforcement of the Convention. Further to its previous comments, the Committee notes the Government’s indication regarding the measures taken to ensure the application of the Convention, including drawing up a protocol for joint action between OSH technicians and labour inspectors to ensure adequate inspection, training for OSH technicians and labour inspectors so that they can communicate with workers who do not speak Spanish, and establishing penalties and corrective measures to ensure the effective application of the provisions of the Convention. While noting this information, the Committee requests the Government to continue providing information on the measures taken to organize appropriate inspection services to supervise the application of the Convention and to equip those services with the necessary resources to perform their task or to ensure that adequate inspections are carried out in the construction sector.

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), confirmed the classification of the Convention in the category of outdated instruments, and placed an item concerning its abrogation on the agenda of the 112th Session (2024) of the International Labour Conference. The Governing Body also requested the Office to take follow-up action to actively encourage ratification of up-to-date OSH instruments, including but not restricted 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 follow up on the Governing Body’s decision at its 334th Session (October–November 2018) approving the recommendations of the SRM TWG, and to consider ratifying the most up-to-date instruments in this subject area.The Committee takes this opportunity to remind the Government that the International Labour Conference, at its 110th Session (June 2022), added the principle of a safe and healthy working environment to the fundamental principles and rights at work, thereby amending the 1998 Declaration on Fundamental Principles and Rights at Work. The Committee draws the Government’s attention to the possibility of availing itself of ILO technical assistance in order to bring both practice and applicable legislation into conformity with the fundamental Conventions relating to OSH and to consider possible ratification of the Occupational Safety and Health Convention, 1981 (No. 155).

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 1 of the Convention. Scope of application. The Committee notes the information provided by the Government in its report in response to its previous comments regarding the application of the Convention to all construction workers. In particular, it notes that the Government refers to section 2.3.3 of Resolution No. 04/2007 of the Secretary of State for Labour establishing general and specific conditions of occupational safety and health, which requires the main contractor to obtain the Ministry of Labour’s approval of the occupational safety and health programme before beginning construction work. It also notes the Government’s further indication that this programme applies to all workers, regardless of whether they are formal or informal workers, and whether or not they are registered. Moreover, the Committee observes that, under section 2.3.2.4 of this Resolution, the term “worker” refers to all persons employed in construction. The Committee notes this information.

Article 3. Consultations. The Committee notes the information provided by the Government in response to its previous direct request regarding consultation with the social partners in joint committees and technical working groups. The Committee requests the Government to provide information on how often these technical groups meet and on the issues discussed.

Article 9. Design and planning of a construction project. The Committee notes the information provided by the Government in response to its previous direct request regarding the requirement to take into account the safety and health of workers in the design and planning of a construction project. In this respect, it notes that, under section 2.3.3 of Resolution No. 04/2007, the main contractor is required to obtain the Ministry of Labour’s approval of the occupational safety and health programme for all workers before beginning construction work. The Committee takes note of this information.

Article 34. Reporting of accidents and diseases. In its previous comments, the Committee requested information on any progress made in the national strategy for the reduction of occupational accidents in the construction sector and on the procedures for reporting occupational accidents and diseases involving unregistered workers. The Committee observes that the Government has not provided information on these matters. The Committee once again requests the Government to provide information in this regard.

Article 35. Adoption of the necessary measures for the effective enforcement of the Convention. In its previous comments, the Committee requested the Government to provide information on the follow-up to the actions agreed by a tripartite technical group on ten basic points relating to occupational safety and health, including cooperation between employers and workers and some preventive and protective measures applicable to all construction workers. The Committee observes that the Government has not provided information on this matter. The Committee once again requests the Government to provide information in this regard.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes the Government’s detailed report. It notes also Resolution No. 3-09, by which the National Congress approves the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), and that the final steps are being taken for its ratification. The Committee requests the Government to continue providing information on this subject.

Follow-up to the comments by trade unions. High level of informality in the construction sector. In its previous comments, the Committee examined, firstly, a communication from the Autonomous Confederation of Workers’ Unions (CASC), the National Confederation of Trade Union Unity (CNUS) and the National Confederation of Dominican Workers (CNTD) and, secondly, certain information provided by the Government in its report. The trade unions indicated that with the crisis in and the privatization of the sugar industry, tens of thousands of agricultural workers lost their jobs and moved to the east of the country, where the development of tourism requires workers for the construction of hotel complexes, and that according to the calculations of the Association of Housing Project Builders, 95 per cent of the workers employed in construction in tourist areas are Haitian. In Santo Domingo the percentage is lower, but Haitian workers are in the majority in the construction sector. The trade unions basically considered that, although the legislation is adequate and they recognize the authorities’ efforts to comply with the obligations deriving from ratified ILO Conventions, there are serious problems of application in practice. They referred to the high rate of accidents in the sector, the shortcomings of the labour inspectorate, the majority of workers who are in the informal economy who are unprotected and ill-prepared to cope with such risks, and the lack of prevention by the enterprises. The Committee will examine these issues below.

Article 1 of the Convention. Scope of application. In relation to its previous comments, the Committee notes the Government’s indication that the Convention applies to all construction activities and that Ministerial Resolution No. 04 of 2007 provides in section 2.3.17) that it also applies to self-employed or own account workers. The Committee once again requests the Government to provide information on the action taken to ensure that the Convention is effectively applied to all construction workers and to provide information on the manner in which its application to unregistered workers who, according to the trade unions, constitute the majority of workers in the sector is ensured.

Article 3. Consultations. The Committee notes that, according to the Government, consultations were held within technical working groups, with the participation of the most representative organizations of employers and workers, which it names. The Committee requests the Government to continue providing information on the consultations held during the period covered by its next report, with an indication of the subjects and outcomes of the consultations. In addition, taking into account that the country’s construction sector is thriving and the high levels of informality in that industry, the Committee requests the Government to develop action, in consultation with the social partners, to address the situation and to provide information in this regard.

Article 9. Design and planning of a construction project. With reference to its previous comment, the Committee notes that the decision under which the authorities issuing building permits must notify the Ministry of Labour of applications for permits is still under review. The Committee requests the Government to provide information on this subject and on any other measure taken to ensure, in practice, that the persons responsible for designing and planning construction projects fulfil their duty to take into account the safety and health of construction workers, in conformity with national law and practice.

Part III. Preventive and protective measures. Article 35. Labour inspection. In its previous comments, the Committee, taking into account the problems of application in practice reported in the communication from the trade unions, requested information on the measures adopted to ensure the enforcement of the preventive and protective measures set out in the Convention, and on the labour inspectorate. The Committee notes the Government’s indication that the Ministry of Labour has made a special effort to guarantee the safety and health of workers in construction. The Committee takes note with interest of the organization of a tripartite technical group in which agreement was reached on ten basic points applicable to registered, unregistered and self-employed workers: (1) free and permanent access to drinking water; (2) safe work at heights; (3) informing and training of workers on the risks to which they are exposed; (4) a joint occupational safety and health committee; (5) free, safe and high-quality personal protective equipment; (6) sanitation facilities; (7) eating facilities; (8) first-aid kits; (9) vaccinations; (10) an occupational safety and health programme implemented by competent personnel. It also notes that, in order to comply with the regulations, the Directorate General of Industrial Health and Safety (DGHSI) has compiled a checklist of safety and health conditions in construction and that it uses that list for each initial inspection of construction sites. The elements to be inspected include a section exclusively on scaffolding and another on working at heights. In addition, the Government mentions joint operations carried out by the labour inspectorate and the DGHSI in which it was found that there are 25,226 construction workers covered by an occupational safety and health management system and 109 trained and operational safety and health committees. The Committee requests the Government to continue supplying information on the activities carried out during the period covered by its next report that are intended to ensure the application in practice of this section of the Convention, including on the application in practice of the ten basic points listed above.

Article 33. Information and training. The Committee notes that 23 training activities were carried out and that, with the participation of 91 workers from 28 inspected construction sites, information was gathered to enable the DGHSI to design information strategies which were presented to the three trade unions. The Committee requests the Government to continue providing information on this matter.

Article 34. Notification of accidents and diseases. The Committee notes the Government’s indications that the Ministry of Labour is leading a process to develop a national strategy for the reduction of occupational accidents in the construction sector. The strategy will focus on the implementation of the single registry of suppliers and contractors, with the aim of establishing a training system. The Committee requests the Government to provide information on any progress made in this area. Please also indicate how accidents and diseases involving unregistered workers are reported, taking into account the trade unions’ comments indicating that these workers are outside the social security system, which appears to be the means of reporting occupational accidents.

Part IV of the report form. The Committee notes a decision by the Supreme Court of Justice, dated 29 February 2012, regarding the safety and health conditions of employees of a hospital, according to which “considering that all employers in general have a duty of safety, and that this is heightened and reinforced in institutions with a focus on health, this involves the operation of a health and safety committee, the inexistence or inactivity of which, especially in enterprises of this nature or that involve high-risk activities or products involving health risks, constitutes serious and inexcusable misconduct …”. The Committee requests the Government to continue providing full information on this subject.

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

Legislation. The Committee notes with interest that the Occupational Safety and Health Regulations, issued by Decree No. 522-06 of 17 October 2006 and Resolution 4 of 2007, give effect to a good number of provisions of the Convention. Noting that the abovementioned legislation has introduced significant changes, the Committee requests the Government to provide a detailed report specifying the provisions of its legislation that give effect to each provision of the Convention, together with information on the application of the Convention in practice.

Application of the Convention in practice. Communication from trade unions. In its comments of 2010, the Committee noted communications from the Autonomous Confederation of Workers’ Unions (CASC), the National Confederation of Trade Union Unity (CNUS) and the National Confederation of Dominican Workers (CNTD), forwarded to the Government on 23 September 2010. It noted that the communications referred among other matters to the high incidence of accidents and diseases in the construction sector and alleged that the labour inspectorate lacks effectiveness in dealing with the frequent, systematic and serious violations of the applicable legislation. The Committee said that it would examine the communications in greater detail at the present session, together with any comments the Government saw fit to make. The abovementioned organizations submit that, generally speaking, it could be said that the legislation of the Dominican Republic is adequate to ensure the application of the Convention, and that it is backed up by penalties to deter any violations, since section 720 of the Labour Code treats occupational safety and health violations as very serious offences punishable by penal sanctions where the violation endangers or is liable to endanger the life, health or safety of the workers. The trade unions nonetheless report that despite the legal framework, breaches of the Convention are frequent, systematic and very serious. They further assert that the work of the inspectorate is ineffectual and indicate that the last Labour Statistics Bulletin, No. 9 of 2006, published by the Secretariat of State for Labour, records 5,326 occupational accidents, 399 of which occurred in construction. They also indicate that according to the same Bulletin, of the 777 contraventions reported by the labour inspectorate, only 27 concerned social security and occupational accidents. Furthermore, according to the country’s only occupational risk director, although there are an estimated 70,000 occupational accidents a year, only 5 per cent of them are reported. The trade unions also assert that according to the same director, “as in other countries, here too most cases occur in the construction sector, but with the difference that in the Dominican Republic the victims are Haitian and are not insured”. The organizations indicate that with the crisis in the sugar industry and the privatization of the sugar sector, tens of thousands of agricultural workers lost their jobs and moved to the east of the country, where the growing tourism sector needed workers for the construction of hotel complexes, and that according to the calculations of the Association of Housing Project Builders (ACOPROVI), 95 per cent of the workers employed in the tourism sector are Haitian. In Santo Domingo the percentage is lower, but Haitian workers are in the majority in the construction sector. They further assert that many enterprises apply no safety measures, such as nets for high-rise work, protective helmets, harnesses, boots and reflective jackets, and that the workers are careless about their own safety and that of their colleagues because they have received no instruction and, in some cases, because the companies provide no protective equipment. Furthermore, no one pays into the Construction Workers Pension Fund, so in the event of an accident workers resort to the public health system, where care is uneven and where they have virtually no access to medication. The organizations further assert that prevention programmes are rudimentary and, in practice, workers are unprotected and ill prepared to cope with such risks. In conclusion, the organizations state that, although the authorities are making efforts to comply with their obligations deriving from ratified ILO Conventions, more effective legislation, policies and actions are nonetheless needed in order to apply the Conventions in practice.

Comments of the Government. The Committee notes that although the Government makes no direct reference to the communication, it does provide some information on the application of the Convention in practice. It notes that, according to the Government, various meetings were held in 2010 with representatives of the main trade union federations in the construction sector and that the Ministry of Labour covered 70 per cent of the workplan that was developed. The report indicates that the Ministry of Labour has promoted Regulation No. 522, conducted training activities together with the unions, and supported the establishment of 16 joint committees, which are up and running. It also states that a platform is being developed for immediate registration/notification of occupational accidents to the Ministry of Labour, that there are to be improvements in the statistics on occupational accidents and that an agreement is under discussion on public works so that as soon as formalities start for land use and/or building permits, the Ministry of Labour is informed at once so that it can require submission of an occupational safety and health programme and the establishment of a joint committee. The Government indicates that the first forum on health and safety in the construction sector was organized with representatives of employers, workers and interested technical bodies; 2,000 copies of the rules on safety and health in construction were printed; a programme to promote compliance with construction safety prescriptions was organized in the north-Atlantic, north-east and south-central regions, with the assistance of 50 engineers; a workshop was organized for the association of master builders and another for engineers of the National Drinking Water and Sewerage Institute. The inspectorate monitored the safety and health of 10,026 workers.

The Committee notes that the communication from the workers refers to the application of Article 1 (scope); Article 9 (design and planning of construction projects); Part III (preventive and protective measures); Article 35 (labour inspection); Article 33 (information and training); and Article 34 (notification of accidents and diseases), which are analysed below.

Article 1 of the Convention. Scope. With reference to the communication from the workers, the Committee points out that the Convention applies to all construction activities, namely building, civil engineering, and erection and dismantling work, including any process, operation or transport on a construction site, from the preparation of the site to the completion of the project, without any distinction as to the employment relationship of the workers. The Committee requests the Government provide information on the manner in which it ensures that the Convention is applied to all construction activities and to all those who perform them, whether registered workers, unregistered workers or independent workers, together with specific information on construction workers who are not registered or who work in the informal economy.

Article 9. Design and planning of a construction project. Referring to the communication from the workers, the Committee asks the Government to provide information on how it ensures, in practice, that the persons responsible for designing and planning construction projects fulfil their duty to take account of the safety and health of construction workers, in conformity with national law and practice. Please also indicate whether the agreement which the Government referred to in its report, and under which the authorities issuing building permits must inform the Ministry of Labour of applications for permits, has been concluded.

Part III. Preventive and protective measures. Article 35. Labour inspection. In view of the problems in applying the provisions in practice referred to in the communication from the workers, please indicate the measures adopted to ensure effective application of the preventive and protective measures established in the Convention, including, but not limited to, the reinforcement of the labour inspectorate.

Article 33. Information and training. The Committee refers to the communication from the workers’ and the Government’s reply, and asks the Government to continue to provide information on the efforts made to give effect to this Article in practice.

Article 34. Notification of accidents and diseases. The Committee refers to the communication from the workers, and noting that a platform is being developed for immediate registration/notification to the Ministry of Labour of occupational accidents and for the improvement of occupational accident statistics, the Committee requests the Government to provide information on all progress made in this regard, including in respect to unregistered workers, whether Dominican or Haitian.

Part VII of the report form. The Committee notes that according to the communication from the workers’ federations, in 2010 the Government did not send them copies of its report. It also notes that the 2011 report makes no mention of whether it was sent to workers’ and employers’ organizations or whether these were consulted. The Committee requests the Government to indicate the representative organizations of employers and workers to which it sent copies of its report, in accordance with article 23(2) of the ILO Constitution.

Technical assistance. The Committee further notes that from 17 to 24 July 2011, an ILO Technical Assistance Mission was carried out under the Action Plan 2010–2016 in order to obtain broad ratification and effective application of the Occupational Safety and Health Convention, 1981 (No. 155), and its Protocol of 2002, and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187). The purpose of the Mission, which was requested by the Government, was to explain and facilitate ratification of these key occupational safety and health instruments and the Safety and Health in Mines Convention, 1995 (No. 176). The Committee notes that as a result of the Mission, the Government expressed its intention to ratify Convention No. 187 in the short term and to continue working towards ratification of the other instruments. It also notes the Government’s statement that it was having difficulty in giving practical effect to the Occupational Safety and Health Regulations, issued by Decree No. 522-06 of 17 October 2006, and had requested further technical assistance by the Office so as to examine the matter in the context of three forthcoming tripartite workshops. The Committee observes that according to the present communication from the workers’ federations, the problems in giving practical effect to Ministerial Decision No. 4 of 2007 on construction are the same. The Committee accordingly urges the Government to extend its request for technical assistance to cover the difficulties encountered in giving practical effect to this Convention and to continue to pursue efforts with the social partners to improve effective application of the legislation giving effect to this Convention, and to provide information in this regard. The Committee hopes that the Government will be in a position to notify in the near future its ratification of Convention No. 187, in accordance with the statement it made to that effect to the Technical Assistance Mission, since this could make an effective contribution to improving the management of occupational safety and health.

[The Government is asked to reply in detail to the present comments in 2012.]

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

Application of the Convention. Government’s report and observations from trade unions. The Committee notes the report from the Government which was received too late for the Committee to be able to examine in detail at the current session of the Committee. Nevertheless, the Committee notes the insufficient information provided in relation to its previous comments, and in particular the absence of a reply to questions formulated in paragraphs 2–3 of the comment, which refer to Article 10 on workers’ right and duty to participate in ensuring safe working conditions and Article 12(1) on the right to removal. With reference to the comments from the Autonomous Confederation of Workers’ Unions (CASC), the National Confederation of Trade Union Unity (CNUS) and the National Confederation of Dominican Workers (CNTD), transmitted to the Government on 23 September 2010, the Committee notes that the report received from the Government does not contain a response thereto. The comments from the trade unions refer, inter alia, to the high rate of accidents and diseases in the construction sector, and to the lack of effectiveness of the labour inspectorate in addressing frequent, systematic and serious violations of the applicable legislation. The Committee also notes the reference made to the Ministerial Resolution No. 4 of 2007, but that the Government does not include a copy thereof with its report. It is thus not clear whether this Resolution has an impact on existing legislation and whether this text is the draft legislation on risk prevention, and the amendment to the Occupational Safety and Health in Industry Regulation No. 807 of 30 December 1966, that the Government has referred to in its previous reports. The Committee requests the Government to respond to the comments submitted by the CASC, the CNUS and the CNTD; to provide further details on current legislation giving effect to the Convention, including copies of such legislation; and to reply to its previous comments. The Committee will examine the report of the Government at its next session in the light of any information received in these respects.

[The Government is asked to reply in detail to the present comments in 2011.]

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

1. The Committee notes the information contained in the Government’s reports. It also notes that the Government is currently working on a draft legislation on risk prevention and on an amendment to the Occupational Safety and Health in Industry Regulation No. 807 of 30 December 1966 and hopes that this legislation, once adopted, will give due effect to the relevant provisions of the Convention, including Article 5. The Committee requests the Government to provide information on any progress achieved in this regard.

2. Article 10. Workers’ right and duty to participate in ensuring safe working conditions. The Committee notes the Government’s statement that workers’ rights to participate in ensuring safe working conditions is regulated in section 68 of the Occupational Safety and Health in Industry Regulation No. 807 of 1966, providing cooperation between employers and workers through the establishment of safety and health committees. However, the Committee notes that there appears to be no provision in national legislation ensuring workers right and duty to participate in ensuring safe working conditions to the extent of their control over the equipment and methods of work and to express views on the working procedures adopted as they may affect safety and health. Therefore, the Committee requests the Government to indicate the measures envisaged or adopted to ensure the full application of this Article of the Convention.

3. Article 12, paragraph 1. Right to removal. The Committee notes that section 139 of the Occupational Safety and Health in Industry Regulation No. 807 of 1966 provides for the duty of workers to inform their supervisor immediately when they have good reason to believe that there is an imminent and serious danger to their safety or health and for the duty of  employers to take immediate steps to stop the operation and forbid entrance to the industrial site. However, the Committee notes that the Occupational Safety and Health in Industry Regulation does not provide that a worker shall have the right 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. The Committee requests the Government to take the necessary steps to ensure workers’ right to remove themselves when they believe there is an imminent and serious danger to safety and health.

4. The Committee requests the Government to provide information on the application of the following points:

–           Articles 1 and 7. Application of the Convention to self-employed workers;

–         Article 8. Coordination of safety and health measures when two or more employers undertake activities simultaneously at one construction site;

–         Article 13. Appropriate precautions to protect persons at or in the vicinity of a construction site from all risks that may arise from such site;

–         Articles 14 and 15. Inspection of scaffolds, lifting appliances and gear in accordance with the Convention;

–         Articles 16. Transport, earth-moving and materials-handling equipment;

–         Articles 20, 21, 22, 23 and 24. Cofferdams and caissons; work in compressed air; structural frames and formwork; work over water and demolition work;

–         Article 27. Protection of workers and other persons against risk of injury;

–         Article 29. Fire precautions; and

–         Article 31. Removal for medical attention of workers who have suffered an accident or sudden illness.

5. Part VI of the report form. The Committee notes that the Directorate General for Industrial Occupational Safety and Health of the State Secretariat of Labour is the competent authority in charge of inspections. The Committee notes that, in its latest report of 2005, the Government indicates that 71 infringements to occupational safety and health measures were verified representing 6 per cent of the total infringements. The Committee notes with satisfaction a decreasing trend in the number of infringements to occupational safety and health measures verified since 1999. The Committee requests the Government to provide detailed information on the number of accidents and diseases reported in the construction sector. It also requests the Government to indicate the measures taken to prevent accidents in the construction sector, especially those caused by falls from heights. The Government is also asked to continue to provide detailed information on labour inspection and a general appreciation of the application of the Convention.