Underground Work (Women) Convention, 1935 (No. 45) - Nicaragua (Ratification: 1976)

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

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on occupational safety and health, the Committee considers it appropriate to examine Conventions Nos 13 (white lead), 45 (underground work (women)), 115 (radiation), 119 (guarding of machinery), 127 (maximum weight), 136 (benzene) and 139 (occupational cancer) together.

Application in practice of Conventions Nos 13, 115, 119, 127, 136 and 139.The Committee notes the general and sectoral information provided by the Government in its report on the number of violations identified during inspections and follow-up inspections, as well as the corrective action taken by them in respect of occupational safety and health conditions between 2018 and the first semester of 2021. The Committee requests the Government to continue providing information on the application in practice of the ratified occupational safety and health Conventions, including the number, nature and cause of occupational accidents and diseases notified, and information on the inspection activities and violations identified, as well as the penalties imposed.

A.Protection against specific risks

1.White Lead (Painting) Convention, 1921 (No. 13)

Article 7 of the Convention. Statistics with regard to lead poisoning among working painters. The Committee notes that the Government indicates in its report that there are no recorded cases of lead poisoning in the Ministry of Health statistics, and that no cases of lead poisoning have been recorded in Nicaragua since the end of the 1980s. While noting the Government’s statement that workers at risk of lead poisoning are treated and diagnosed by clinics attached to the National Social Security Institute, the Committee requests the Government to continue providing information on all cases of lead poisoning recorded.

2.Guarding of Machinery Convention, 1963 (No. 119)

Articles 2 and 4 of the Convention. Prohibition of the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards. Obligation of the Government to take measures to ensure that effect is given to these Articles of the Convention. The Committee notes the Government’s indication that the clauses governing purchase, sale, transfer and hiring of machines are established by the persons carrying out these operations in accordance with trade, commercial and civil law.

With respect to the protective guards over dangerous parts of machinery, the Committee notes that the provisions of The Ministerial Standard on Basic Occupational Safety and Health Provisions Applicable to Electrical Installations and Equipment of 1999, facilitated by the Government, on the design of and protection provided on machines for lifting and conveying, are referenced in sections 43 (switch requirement), 44 (polarization requirement) and 45 (grounding conductor requirement). While noting the Government’s indications regarding trade, commercial and civil law, the Committee requests the Government to indicate the specific relevant provisions in these laws that prohibit the sale, hire, transfer in any manner and exhibition of machinery of which the dangerous parts are without appropriate guards, in conformity with Article 2(1) and (2) of the Convention.

Article 15. Appropriate inspection services and penalties. With reference to its previous comments, the Committee notes the provisions on safety requirements for lifting and conveying machinery established in sections 19, 20, 21 (requirements for the use of lifting machines), 46, 47, 48 (verification of the good condition of the machinery) and 49 (safety of lifting equipment and its operation) of the Ministerial Standard of 1999, and in sections 3.1.7 (separation between machines) and 3.4.1 (requirements for the operation of hoisting apparatus) of the Technical Guide on Health and Safety Inspection. The Committee takes note of this information, which addresses its previous request.

3.Maximum weight Convention, 1967 (No. 127)

Article 7 of the Convention. Young persons and women. With regard to its earlier comments, the Committee notes the Government’s indication that compliance with Ministerial Agreement No. JCHG-08-06-10, of 2010, on the prohibition of hazardous work for young persons and the list of types of hazardous work, of which paragraph (e) prohibits physical loads for children under the age of 18 years, is ensured through the implementation, evaluation and monitoring of special care programmes for young workers. The Government reports that to protect the rights of young workers, compliance with the Ministerial Agreement is monitored by the Departmental Labour Inspectorate. Section 1 of the Ministerial Decision provides that inspectors shall be empowered to take cognizance of violations and impose penalties in conformity with the provisions of Section 6 of Act No. 474 of 2003 amending Chapter VI, part one, of the Labour Code.

The Committee further notes that the Government reports on the formulation, in April 2018, of a Decision of the National Occupational Safety and Health Council – pending publication – which establishes the maximum weights recommended for men and women (section 16) and prohibits workers under the age of 18 years from the manual transport of loads the weight of which involve physical effort and activity beyond the worker’s psychophysical strength (section 24). The Government indicates that the said Decision amends the Ministerial Decision on Occupational Safety and Health of 2002 with respect to the maximum load that can be transported manually by a worker. The Committee requests the Government to indicate whether the Decision of the National Occupational Safety and Health Council, amending the Ministerial Decision on Occupational Safety and Health as regards the maximum load that can be transported manually by a worker, has been published and is now in force. Regarding the assignment of young workers to the manual transport of loads, the Committee refers to its comments under the Worst Forms of Child Labour Convention, 1999 (No. 182).

4.Benzene Convention, 1971 (No. 136)

Articles 2 and 4 of the Convention. Use of harmless or less harmful substitute products instead of benzene or products containing benzene. Prohibition of the use of benzene and of products containing benzene in certain work processes, including its use as a solvent or diluent. With reference to its previous comments, the Committee notes that the Government reports that while the use of benzene is not currently restricted or prohibited, the only use of benzene approved by the National Commission for the Registration and Monitoring of Toxic Substances (CNRCST) is for chemical analysis in laboratories. The Government adds that in order to import benzene, the enterprise or natural person must be registered and hold a valid importer’s licence with the CNRCST and must also complete an importation permit each time the product enters the country. The Committee further notes that the Government reports that it does not have a list of work in which the use of benzene is prohibited. While taking note of the information provided by the Government on the use of benzene for the sole purpose of chemical analysis carried out in laboratories and with reference to its comments on Article 2 of the Occupational Cancer Convention, 1974 (No. 139), the Committee requests the Government to provide information on the measures taken to ensure the adoption of laws and regulations that guarantee the prohibition of the use of benzene or products containing benzene in certain work, and that the prohibition includes 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 6. Maximum concentration of benzene in the air in places of employment which shall not exceed a maximum ceiling value of 25 parts per million (80 mg/m3). With reference to its earlier comments on the measures adopted to ensure that the concentration of benzene in the air of places of employment does not exceed the maximum ceiling, the Committee notes that the Government refers to section 114 of Act No. 618 of 2007, the General Occupational Safety and Health Act, which establishes the obligation to assess occupational health hazards for workers in places of employment. The Committee observes that under section 144 of Act No. 618 of 2007, such assessment shall be undertaken at least once yearly, and shall be updated in various cases, for example when there are changes in processes, or in the choice of chemicals and other substances, affecting the degree of exposure of the workers to such agents. The Committee also notes that section 130 of Act No. 618 of 2007 provides that where the maximum ceiling is exceeded, the employer shall rectify the installations or adopt the necessary technical measures to eliminate or reduce the chemical contaminants in the workplace. The Committee takes note of this information, which addresses its previous request.

Article 14(a) and (b). Measures necessary to give effect to the Convention. Authorities responsible for ensuring compliance. The Committee notes the information provided by the Government on the measures adopted by the CNRCST. It notes that Act No. 941 of 2016, establishing the National Commission for the Registration and Monitoring of Toxic Substances, which abrogates Decree No. 04-2014 of 2014, establishing the National Commission for the Registration and Monitoring of Toxic Substances, mandates the CNRCST to undertake the regulation of chemical substances for industrial use such as benzene, and to formulate policies, action and activities related to the appropriate handling of chemical substances, for the purpose of monitoring and preventing diseases caused by exposure to hazardous and toxic substances (Article 4).

The Committee also notes that the CNRCST has an inspection unit which is responsible for undertaking inspections of laboratories that use benzene in various chemical analyses. The Committee requests the Government to indicate the regulations adopted in respect of benzene and products containing benzene, as well as the policies, action and activities concerning benzene since the creation of the National Commission for the Registration and Monitoring of Toxic Substances, under Act No. 941 of 2016.

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

Articles 1 and 3 of the Convention. Determination of carcinogenic substances and agents and establishment of an appropriate system of records. With reference to its previous comments, the Committee notes that the Government indicates that the prohibition or restriction of agricultural, domestic and professional pesticides is effected through a thorough assessment of their environmental, sanitary and agricultural effects and of those of substitute substances, carried out by the CNRCST. The Government adds that the decision to prohibit or restrict is made public by announcement in the Official Gazette.

With regard to measures for the protection of workers, the Committee notes that the CNRCST undertakes surveillance and control of enterprises that use potentially carcinogenic substances and chemicals in general. The Committee notes, in response to its previous comments regarding the National Registry of Pesticides and Toxic, Hazardous and Other Similar Substances, that the Government reports that the Registry is still operating, under the aegis of the CNRCST, which has been monitoring authorized industrial chemical substances since 2014. While taking note of the procedure for the prohibition and restriction of pesticides, the Committee requests the Government to indicate the decisions determining the carcinogenic substances or agents for which exposure at work is prohibited or subject to authorization or control. The Committee also requests the Government to continue providing information on the measures taken to protect workers from the risks of exposure to carcinogenic substances or agents, as well as on the development and operation of the National Registry of Pesticides and Toxic, Hazardous and Other Similar Substances with regard to workers exposed to carcinogenic substances.

Article 2(2). Duration and degree of exposure. With reference to its previous comments, the Committee notes that the Government provides no information on the provisions concerning the exposure limit values established by the Ministry of Labour in conformity with section 129 of Act No. 618 of 2017, the General Occupational Safety and Health Act. The Committee urges the Government to provide detailed information on the provisions concerning the exposure limit values established by the Ministry of Labour under the abovementioned section 129.

Article 4. Obligation to inform workers of the dangers involved in working with carcinogenic substances. With reference to its previous comments, the Committee notes the obligations concerning workers’ training set out in the following sections of Act No. 618 of 2007: 19 (information provided through training programmes), 20 (frequency of the programmes), 21 (content of the programmes), 22 (qualifications of persons responsible for the training activities), and 176 (information on the hazards of application and use of pesticides and chemical substances). The Committee takes note of this information, which addresses its previous request.

B.Protection in specific branches of activity

Underground Work (Women) convention, 1935 (No. 45)

The Committee recalls that at its 334th Session (October-November 2018), the Governing Body of the ILO decided, on the recommendation of the Standards Review Mechanism Tripartite Working Group, to classify Convention No. 45 as an outdated standard, and to place on the agenda of the 112th Session (2024) of the International Labour Conference an item concerning the abrogation of the Convention. The Governing Body also requested the Office to ensure follow-up for Member States currently bound by Convention No. 45 to promote ratification of up-to-date occupational safety and health instruments, in particular the Safety and Health in Mines Convention, 1995 (No. 176), and to launch a campaign to promote ratification of that Convention. The Committeeencourages the Government to give effect to the decision taken at the 334th Session of the Governing Body (October-November 2018) approving the recommendations of the Standards Review Mechanism Tripartite Working Group, and to consider ratification of more up-to-date instruments in this area.

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

Article 7 of the Convention. In its previous comments, the Committee recalled that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body decided to invite the States parties to Convention No. 45 to ratify the Safety and Health in Mines Convention, 1995 (No. 176), and possibly to denounce Convention No. 45, although this latter instrument has not been formally revised (see GB.283/LILS/WP/PRS/1/2, paragraph 13). Contrary to the former approach based on the outright prohibition of underground work for all women workers, modern standards focus on risk assessment and risk management and provide for preventive measures for mineworkers, irrespective of gender, whether employed in surface or underground sites. The Committee notes that the Government reports that it will proceed to denounce this Convention during the next period in which its denunciation is permitted, which will be from 30 May 2017 to 30 May 2018. The Government adds that its efforts will be focused on risk prevention and in this regard refers to Act No. 618, the General Safety and Health Act of 2007, and to the General Occupational Safety and Health in Mines Regulations of 2000. The Committee invites the Government to provide information on any developments in this respect.

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

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

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s report confirming that the national legislation no longer makes provision for a general prohibition on the employment of women on underground work as this would be contrary to the principle of equality of opportunity and treatment guaranteed by article 27 of the Political Constitution and section 138 of the Labour Code. The Committee is therefore bound to conclude that the Convention has for all practical purposes ceased to apply.

The Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided to promote with respect to underground work the ratification of the Safety and Health in Mines Convention, 1995 (No. 176), while inviting the States parties to Convention No. 45 to denounce, at the same time, this latter instrument (see GB.283/LILS/WP/PRS/1/2, paragraph 13). Contrary to the old approach based on the outright prohibition of underground work for all female workers, modern standards focus on risk assessment and risk management and provide for sufficient preventive and protective measures for mineworkers, irrespective of gender, whether employed in surface or underground sites. As the Committee has noted in its General Survey of 2001 on night work of women in industry in relation to Conventions Nos. 4, 41 and 89, "the question of devising measures that aim at protecting women generally because of their gender (as distinct from those aimed at protecting women’s reproductive and infant nursing roles) has always been and continues to be controversial" (paragraph 186).

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