Occupational Safety and Health Convention, 1981 (No. 155) - Venezuela (Bolivarian Republic of) (Ratification: 1984)

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

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 13 (white lead), 45 (underground work (women)), 120 (hygiene (commerce and offices)), 127 (maximum weight), 139 (occupational cancer) and 155 (occupational safety and health) together.

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

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

The Committee also notes the number of prevention delegates trained in OSH between 2018 and July 2022. The Committee requests the Government to continue to provide information on the application in practice of ratified OSH Conventions, including the number, nature and cause of occupational accidents and diseases reported, as well as information on the inspection activities carried out, including the number of investigations and inspections carried out and the number of violations detected and the penalties imposed.

A.General provisions

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

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

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

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

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

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

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

B.Protection against particular risks

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

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

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

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

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

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

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

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

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

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

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

C.Protection in specific branches of activity

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

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism Tripartite Working Group (SRM TWG), classified Convention No. 45 as an outdated instrument, and placed an item on the agenda of the 112th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also requested the Office to take follow-up action to actively encourage the ratification of up-to-date instruments relating to OSH, including, but not limited to, the Safety and Health in Mines Convention, 1995 (No. 176), and to undertake a campaign to promote the ratification of Convention No. 176.The Committee therefore encourages the Government to give effect to the decision of the Governing Body at its 334th Session (October–November 2018) approving the recommendations of the SRM TWG and to consider the possibility of ratifying the most up-to-date instruments in this subject area. The Committee takes this opportunity to recall that in June 2022, the International Labour Conference added the principle of a safe and healthy working environment to the Fundamental Principles and Rights at Work, thus amending the 1998 Declaration on Fundamental Principles and Rights at Work. The Committee draws the Government's attention to the possibility of requesting technical assistance from the Office with a view to bringing both practice and applicable legislation into conformity with the fundamental OSH Conventions and for support in any examination of the eventual ratification of the  Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187).

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

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

The Committee notes the observations on the application of the Convention submitted jointly by the Independent Trade Union Alliance Confederation of Workers (CTASI), the Confederation of Workers of Venezuela (CTV), and the Federation of University Teachers’ Associations of Venezuela (FAPUV), received on 1 September 2022. The Committee also notes the observations submitted by the Federation of Chambers and Associations of Commerce and Production of Venezuela (FEDECAMARAS), received on 2 September 2022. The Committee requests the Government to provide its comments in this respect.

Articles 4, 7 and 8 of the Convention. Implementing and periodically reviewing a coherent national policy on occupational safety and health and the working environment, and measures to give effect to the above-mentioned national policy in consultation with the most representative organizations of employers and workers concerned. In relation to its previous comments, the Committee notes that section 11 of the 2005 Basic Act on prevention, conditions of work and the working environment (LOPCYMAT) sets out 12 elements to be included in the national occupational safety and health (OSH) policy, which include the mechanisms and policies for coordination between the competent bodies and entities in occupational health and safety and prevention. In this respect, the Committee notes the information provided by the Government in its report on the various measures to implement the national OSH policy though the training of prevention delegates by the National Institute for Occupational Safety, Health and Prevention (INPSASEL), the undertaking of a considerable number of investigations into occupational accidents and diseases, and the carrying out of 90,523 occupational safety and health inspections from 2016 to July 2022.

The Committee notes with regret that the Government has not provided information on the implementation and periodic review of the national policy or the manner in which consultations are held on the implementation measures for the policy with the most representative employers’ and workers’ organizations concerned. The Committee requests the Government to take the necessary measures without delay to ensure that consultations are held with the most representative workers’ and employers’ organizations concerned regarding the implementation and periodic review of its national policy, as well as on the necessary measures adopted to give effect to this policy in accordance with Articles 4 and 8 of the Convention, and to provide specific information on the measures taken in this respect, including the employers' and workers' organizations consulted and the results of such consultations. The Committee also requests the Government to provide information on the measures taken to ensure that the occupational safety and health situation and working environment is reviewed at appropriate intervals, as well as information on the outcomes of this review, including the main problems identified, the means of resolving them and priorities for action.

Article 5(e). Protection of workers and their representatives from disciplinary measures as a result of actions properly taken by them in conformity with the national OSH and working environment policy. In relation to its previous comments on the dismissal of prevention delegates, the Committee notes with concern the joint observations of CTASI, CTV and FAPUV alleging the dismissal of union leaders in the cement industry for reporting the occurrence of occupational accidents. The Committee notes that, in accordance with section 11(5) of the LOPCYMAT of 2005, the national OSH policy must include safeguards and other protections for workers who act individually or collectively in defence of their rights. The Committee urges the Government to examine, together with the trade union organizations concerned, the situation of the trade union leaders who have been adversely affected and, in the event that they have been dismissed as a result of actions justifiably taken by them in accordance with national policy, to reinstate them immediately in their jobs without loss of benefits in compliance with section 11(5) of the 2005 LOPCYMAT and Article 5(e) of the Convention. The Committee requests the Government to provide information on the measures taken in this respect, including the conclusions of the examination carried out together with the trade union organizations and the measures taken as a result. The Committee also requests the Government to provide specific informationin relation to the review of the unjustified dismissal of prevention delegates to which the Committee referred in its previous comments and the measures adopted as a result of this review.

Articles 6 and 15. Functions and responsibilities and coordination between the various authorities and bodies. In relation to its previous comments in which it took note that the National Council for Occupational Safety and Health was not operational, the Committee notes with regret that the Government has not provided information regarding making the Council operational or on the measures taken or envisaged to ensure the necessary coordination between the various authorities and bodies responsible for giving effect to the provisions of the Convention. The Committee requests the Government to take the necessary measures to ensure that the National Council for Occupational Safety and Health, established pursuant to section 36 of the 2005 LOPCYMAT, becomes operational. The Committee also once again requests the Government to provide information on the measures taken or envisaged to ensure the necessary coordination between the various authorities and bodies responsible for giving effect to the provisions of the Convention, as well as on the consultations held with the most representative organizations of employers and workers concerning these measures and on their outcomes.

Article 11(d). Holding of inquiries where cases of occupational accidents appear to reflect serious situations and application of the Convention in practice. The occupational safety and health situation in the electricity, petroleum, cement and health care sectors. In relation to its previous comments, the Committee notes the Government’s indication that, in accordance with the protocol established by INPSASEL on the investigation of occupational accidents, serious, very serious and fatal occupational accidents notified to the State-level Departments of Occupational Safety and Health (GERESAT) are investigated immediately. The Government adds that, in relation to occupational diseases, the investigation protocol establishes that they must be investigated according to the order in which they are presented, notified or recorded. The Committee notes that under the 2005 LOPCYMAT, the OSH services, which are multidisciplinary and preventive in nature (section 39), have the obligation to investigate occupational accidents and diseases in order to explain what happened and take the necessary corrective measures (section 40(14)).

With regard to the measures taken in relation to OSH conditions in the cement and petroleum sectors, the Committee notes the Government’s indication that INPSASEL receives and records notifications of occupational accidents and then carries out the related investigations and inspections. In this regard, the Government reports the number of occupational accidents notified to INPSASEL between 2017 and July 2022 in the petroleum sector (2,467 accidents) and in the cement sector (489 accidents), as well as the number of inspections carried out between 2021 and July 2022 in the petroleum sector (18 inspections) and in the cement sector (4 inspections).

The Committee also notes with concern the information provided by CTASI, CTV and FAPUV in their joint observations on OSH conditions, in which they allege that: (i) in the electricity sector, a lack of minimum safe working conditions poses a serious danger to workers and led to the death of six workers between March and June 2022: three workers died after an electrical tower on which they were working collapsed and three workers were electrocuted while attempting to correct electrical faults; (ii) in the oil sector, fires, explosions and gas fumes have caused occupational accidents, and oil spills have damaged nets and boat engines, preventing fishermen from working, and have caused farmers to lose animals and crops; (iii) in the cement sector, OSH conditions, including a lack of provision of adequate work equipment and tools, led to the death of two workers while performing their duties in 2022; and (iv) in health centres, the lack of water and disinfectant for cleaning facilities, the reuse of masks due to insufficient supplies, and the failure to provide protective barriers have led to the infection and death of medical personnel, as well as the closure of 80 per cent of health centres nationwide. Taking due note of the information provided by the above-mentioned organizations, the Committee urges the Government to establish a forum for dialogue with these organizations in order to discuss the necessary measures to be taken in relation to OSH conditions in the electricity, petroleum, cement and health care sectors. The Committee also requests the Government to provide information on the investigations carried out into serious and fatal occupational accidents in the electricity, petroleum, cement and health care sectors.

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

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

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

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 13 (white lead), 45 (underground work (women)), 120 (hygiene (commerce and offices)), 127 (maximum weight), 139 (occupational cancer) and 155 (occupational safety and health) together.

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

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

A. General provisions

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

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

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

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

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

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

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

B. Protection against particular risks

Maximum Weight Convention, 1967 (No. 127)

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

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

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

Occupational Cancer Convention, 1974 (No. 139)

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

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

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

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

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

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

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

C. Protection in specific branches of activity

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

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism Tripartite Working Group (SRM TWG), classified Convention No. 45 as an outdated instrument, and placed an item on the agenda of the 113th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also requested the Office to take follow-up action to actively encourage the ratification of up-to-date instruments relating to OSH, including, but not limited to, the Safety and Health in Mines Convention, 1995 (No. 176), and to undertake a campaign to promote the ratification of Convention No. 176. The Committee therefore encourages the Government to give effect to the decision of the Governing Body at its 334th Session (October–November 2018) approving the recommendations of the SRM TWG and to consider the possibility of ratifying the most up-to-date instruments in this subject area. In this regard, the Committee reminds the Government of the possibility to avail itself of technical assistance from the Office.

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

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

The Committee notes the observations of the Confederation of Workers of Venezuela (CTV), received on 2 September 2015, and of the National Union of Workers of Venezuela (UNETE), received on 2 October 2015, and also the Government’s reply to the latter, received on 8 December 2015. The Committee also notes the joint observations sent by UNETE, the CTV, the General Confederation of Labour (CGT) and the Confederation of Autonomous Trade Unions (CODESA), which were received on 8 and 12 September 2016, and also the Government’s reply, received on 11 November 2016.

Articles 4 and 8 of the Convention. Formulating, implementing and periodically reviewing a coherent national policy on occupational safety and health and the working environment, and measures to give effect to the above-mentioned national policy in consultation with the most representative organizations of employers and workers concerned. In its previous comments, the Committee noted the Government’s indication that in 2014 round-table meetings were held on occupational safety and health (OSH) conditions in various sectors of the economy with the participation of representatives of the most representative organizations of workers and employers. The Committee notes the Government’s indication in its report that the “National policy on prevention, safety and health at work” is defined in the Basic Act on prevention, conditions of work and the working environment (LOPCYMAT) and reiterates the relevant legal provisions. The Committee notes with regret that the Government does not refer to periodic reviews of national policy or to the manner in which consultations are held, nor does it mention which workers’ and employers’ organizations have been consulted in this regard. The Committee therefore once again requests the Government to provide information on the content of its national OSH policy (beyond the provisions of LOPCYMAT). The Committee also requests the Government to provide specific information on the consultations held with the most representative employers’ and workers’ organizations concerned regarding the formulation, implementation and review of its national policy, as referred to in Article 4, and on the adoption of the measures referred to in Article 8.

Article 5(e). Protection of workers and their representatives from disciplinary measures as a result of actions properly taken by them in conformity with the national OSH policy. In its previous comment, the Committee noted the repeated allegations of various workers’ organizations denouncing the unjustified dismissal of prevention delegates. The Committee also notes that both the CTV and UNETE in their respective observations, and UNETE, the CTV, the CGT and CODESA in their joint observations, reiterate these allegations. The Committee notes with deep regret that the Government does not provide any information on this matter. The Committee recalls that, as stated in paragraph 26 of its 2009 General Survey, ILO standards on occupational safety and health, the basic principle that workers and their representatives should be protected from victimization pursuant to Article 5(e) is one of the main elements to be included in the national policy, and is indicative of the central importance attributed to this principle. The Committee urges the Government to examine, together with the above-mentioned trade unions, the situation of all prevention delegates who have been the victims of harmful action and, in cases where they have been dismissed as a result of actions properly taken by them in conformity with the policy referred to by Article 4 of the Convention, to ensure that they are reinstated in their posts without loss of benefits. The Committee requests the Government to provide information in this respect.

Articles 6 and 15. Functions and responsibilities; coordination. The Committee notes the Government’s statement, in reply to its previous request, that the National Council for Occupational Safety and Health established pursuant to section 36 of the LOPCYMAT is not operational. The Committee requests the Government to provide information on its plans to implement section 36 of the LOPCYMAT with regard to making the above-mentioned Council operational. The Committee also requests the Government to provide information on the measures taken or envisaged to ensure the necessary coordination between the various authorities and bodies responsible for giving effect to the provisions of the Convention. The Committee further requests the Government to provide information on consultations regarding these measures held with the most representative organizations of employers and workers, and also the results thereof.

Article 7. Reviews, either overall or in respect of particular areas, carried out at appropriate intervals. In its previous comment, the Committee observed that the information provided by the Government on reviews already undertaken or being undertaken in specific sectors, as set out in Article 7 of the Convention, was of a general nature and did not enable it to assess whether these reviews gave effect to this Article of the Convention. The Committee notes the Government’s indication that industries carry out mandatory periodic reviews and report occupational diseases to the National Institute for Occupational Prevention, Health and Safety (INPSASEL), which compiles and standardizes this information, issues alerts and triggers the corresponding actions. The Government also communicates epidemiological bulletins for 2017 and part of 2018 containing statistical data disaggregated by sector on occupational diseases and accidents. However, the Committee notes that the Government does not indicate which problems it has been possible to identify as a result of the statistics or any effective methods developed to resolve them. The Committee requests the Government to provide specific, detailed information on the main problems identified as a result of the reviews carried out under Article 7 of the Convention, effective methods developed to resolve them, priorities of action taken or envisaged, and evaluation of the results obtained.

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

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

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

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

Article 6 of the Convention. Functions and responsibilities. Article 15. Coordination. In its previous comments, the Committee requested the Government to indicate whether the National Council for Occupational Safety and Health, established by section 36 of the Basic Act on prevention, working conditions and the working environment (LOPCYMAT), is operating and to provide information on the aspects and bodies governed by the LOPCYMAT that are functioning in practice, and those which are still not functioning, as well as on the Government’s plans for the implementation of the Act as a whole. The Committee notes the Government’s indication that the National Institute for Occupational Prevention, Health and Safety (INPSASEL), the National Institute for Worker Training and Recreation (INCRET), the Social Security Treasury and the Information, Documentation and Training Centre (CIDCA) are operational. Noting that the Government has not provided the requested information on the National Council for Occupational Safety and Health, the Committee once again requests the Government to indicate whether the National Council for Occupational Safety and Health is operating, its composition and activities, and the Government’s plans for the implementation of the Act as a whole.

Article 11(e.) Annual publication of information on occupational accidents, occupational diseases and other matters. In its previous comments, the Committee requested the Government to indicate the trends in occupational accidents by sector and the measures adopted or envisaged to deal with them, including the situation in Petróleos de Venezuela (PDVSA). The Committee notes the Government’s indication that the economic sectors with the highest occupational accident rates are manufacturing, commerce and services, construction, mining and quarries, agriculture, and social and health services, and that INPSASEL is engaged in monitoring working conditions and the working environment in accordance with reported morbidity and accident rates, organizing training and a multidisciplinary preventive approach to identifying hazardous processes and developing a remedial and preventive workplan. The Committee requests the Government to indicate whether the accident rates in the sectors referred to above are based on the annual information published in accordance with Article 11(e) of the Convention, and to provide statistical data on this subject. Also noting that the Government has not provided the information requested on the PDVSA, the Committee reiterates its request for information.

Other issues. Article 5(a)–(d). Spheres of action to be taken into account in the national policy. Article 11(a) and (b). Functions to be covered by the national policy. Article 12. Obligations of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. Noting that the Government has not provided information in its report on the application of these Articles, the Committee requests the Government to provide information on these subjects.

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

The Committee notes the observations of the Confederation of Workers of Venezuela (CTV) and of the National Union of Workers of Venezuela (UNETE), received on 1 and 24 September 2014, respectively. It also notes the Government’s reply to the previous observations of the UNETE and to the CTV’s observations of 2014. The Committee requests the Government to provide its comments on the most recent observations of UNETE.

The Committee also notes the observations of the International Organisation of Employers (IOE) and of the Federation of Chambers and Associations of Commerce and Production of Venezuela (FEDECAMARAS), received on 4 November 2014. The Committee requests the Government to provide its comments in this regard.

Articles 4 and 8 of the Convention. Formulating, implementing and periodically reviewing a coherent national policy on occupational safety and health and the working environment, and measures to give effect to the national occupational safety and health policy in consultation with the most representative organizations of employers and workers concerned. In its previous comments, the Committee referred to an observation by the CTV indicating that the National Institute for Occupational Prevention, Health and Safety (INPSASEL) operates without consulting the trade unions. The Committee requested the Government to provide information on the content of its national policy, on the consultations held with the most representative employers’ and workers’ organizations concerned in relation to the formulation, implementation and review of its national policy and the measures referred to in Article 8 of the Convention, and on the outcome of such consultations. The Committee notes the Government’s indication that during 2014 round-table meetings were held on peace and economic truth in which broad discussions covered occupational safety and health (OSH) conditions. It adds that representatives of the most representative organizations of employers and workers participated in these meetings. The round tables concerned the following sectors: (i) the beef and pork-rearing sector; (ii) the chemical inputs, electro-domestic appliances and telecommunications sectors; (iii) the textile sector; and (iv) the mechanical textile sector. The Government also indicates that public consultations were held with employers and workers for the approval of legislation and technical standards. In this respect, the Committee notes that the Government has not provided specific information on the OSH subjects covered and the outcome of the discussions, the legislation and technical standards discussed, nor on the manner in which the consultations held give effect to these Articles of the Convention. Nor has it indicated the organizations which participated in these consultations, with the indication that they were “public” consultations. In this regard, the Committee draws the Government’s attention to the fact that Articles 4 and 8 of the Convention refer to consultations on the national policy and the measures to give effect thereto, which are to be held with the most representative organizations of employers and workers concerned. The Committee emphasizes that the national policy envisaged in this Article of the Convention involves a dynamic and cyclical process and requires periodical review to ensure that the national OSH policy and the measures adopted to give effect to it are kept constantly updated. The Committee once again requests the Government to provide information on: (1) the content of its national OSH policy; (2) the consultations held with the most representative organizations of employers and workers concerned with regard to the formulation, implementation and review of its national policy, in accordance with Article 4, and the adoption of the measures referred to in Article 8; (3) the outcome of such consultations and their impact on the national OSH policy and the measures envisaged in Article 8; and (4) the intervals at which such consultations are held. The Committee also requests the Government to indicate the most representative organizations of employers and workers concerned which participated in such consultations. Please also provide documentation reporting on the consultations held in relation to these Articles of the Convention.

Article 5(e). Spheres of action that shall be taken into account by the national policy: protection of workers and their representatives from disciplinary measures as a result of actions properly taken by them in conformity with the policy referred to in Article 4 of the Convention. In its previous comments, the Committee noted a communication from the Independent Trade Union Alliance (ASI) alleging the dismissal of prevention delegates and it noted that, in accordance with section 44 of the Basic Act on prevention, working conditions and the working environment (LOPCYMAT), no prevention delegate may be dismissed, transferred or demoted in their job from the time of their election until three months following the term for which they were elected without just cause certified by the labour inspectorate, in accordance with the Basic Labour Act. The Committee requested information on the alleged cases of the dismissal of prevention delegates and on what is considered by the legislation as “just cause” in the context of section 44 referred to above. The Committee notes the Government’s indication that section 79 of the Basic Act on labour and men and women workers (LOTTT) contains a list of acts which are considered “justified reasons for dismissal”. The Government adds that, in cases in which an employer intends to dismiss, transfer or change the terms and conditions of employment for a justified reason of a worker covered by trade union protection or employment stability, the employer has to request the pertinent authorization from the labour inspector in accordance with the procedure for the authorization of dismissal set out in section 422 of the LOTTT.

The Committee notes the indication of the CTV that in December 2013 the labour inspectorate of the state of Falcón authorized the dismissal from Petróleos de Venezuela (PDVSA) of Iván Freites, Secretary-General of the Single Union of Oil, Petrochemical, Gas and Allied Workers of the state of Falcón (SUTPGEF) and the Secretary for Professionals and Technicians of the Single Federation of Workers in Oil, Gas, Allied and Derived Products of Venezuela (FUTPV). According to the CTV, this dismissal is directly related to the complaint made by the trade union leader that the accident which occurred in 2012 in the Amuay refinery was due to the absence of maintenance for years and the failure to comply with minimum industrial safety standards. The Government indicates that the accident was caused by sabotage and that the dismissal of Iván Freites is unrelated to any safety and health problems, but that the PDVSA has requested an investigation of the case. The Government adds that the rules of due process were complied with for his dismissal and the result of the procedure was that the faults committed by Mr Freites were found to be serious. In this respect, the Government indicates that it has no knowledge of Mr Freites initiating legal action on this matter. The Committee recalls that, as indicated in paragraph 26 of its 2009 General Survey on occupational safety and health, “the basic principle that workers and their representatives should be protected from victimization pursuant to Article 5(e) is one of the main elements to be included in the national policy, and is indicative of the central importance attributed to this principle”. Similarly, in paragraph 73 of the General Survey, the Committee indicates that, firstly “Article 5(e) does not itself seek to prescribe protection of workers and their representatives from disciplinary measures. It prescribes only that a national policy must provide for such protection. In other words, it is for the Member to determine the extent and conditions of the protection in consultation with the most representative organizations of employers and workers. … [secondly] the protection is only in respect of worker actions ‘properly’ taken in conformity with such a policy.” In view of the repeated allegations of this type made by workers’ organizations, and taking into account the fact that the protection of workers and their representatives required by this Article of the Convention is a matter that has to be examined within the framework of the national policy, the Committee trusts that the Government will examine this matter and the differences that have arisen in its application in practice within the framework of its national policy, in consultation with the most representative organizations of employers and workers concerned. The Committee requests the Government to provide information on this subject.

Article 7. Reviews, either overall or in respect of particular areas, carried out at appropriate intervals. In its previous comments, the Committee requested the Government to provide information on the reviews undertaken or that are being undertaken in specific sectors, as set out in Article 7 of the Convention, and on the operation and activities of the sectoral committees to which it had referred previously. The Committee notes the Government’s indication that INPSASEL has carried out work to monitor working conditions and the working environment based on the morbidity and accidents reported, and has undertaken training and adopted a multidisciplinary preventive approach through the identification of hazardous procedures and the formulation of a workplan. It adds that since 2008 INPSASEL has proceeded with the implementation of its policy at the general level. The Committee notes that the information provided is of a general nature and does not enable it to assess whether the reviews undertaken give effect to this Article of the Convention. The Committee recalls that in paragraph 78 of its 2009 General Survey it indicated that “the review of the national policy provided for in Article 4 of the Convention depends on and should be informed by the review of the national situation provide for in Article 7. While these two processes are related, the latter is mainly a factual determination of the situation as compared to the policy review process referred to in Article 4.” The Committee therefore requests the Government to take the necessary measures to conduct the reviews envisaged in Article 7 of the Convention with a view to identifying major problems, evolving effective methods for dealing with them and priorities of action, and evaluating results, and to provide detailed and specific information on this subject, including relevant documentation.

Article 11(c). Establishment and application of procedures for the notification of occupational accidents and diseases. In its previous comments, the Committee referred to a communication from the ASI and noted that according to this communication, there had been an increase in occupational accidents and that it was estimated that 90 per cent of occupational accidents are not notified. It also noted a comment by UNETE indicating that INPSASEL is legally empowered to issue certification of occupational diseases, but that the absence of regulations setting a time limit for issuing such certification means that INPSASEL delays the process indefinitely, leaving workers in a vulnerable situation, since certification is required to claim compensation. The Committee notes the Government’s indication, with regard to the increase in occupational accidents, that since 2006 there has been an increase in the notification of occupational accidents, which reflects the sound operation of online notification systems, as well as improved collective awareness based on the efforts made by institutions and by employers and workers. The Committee requests the Government to provide information on the law and practice relating to the procedure for the notification of occupational accidents and occupational diseases, including the respective time limits, and on the procedure and time limits for issuing certification of occupational diseases.

Article 11(d). The holding of inquiries where cases of occupational accidents appear to reflect serious situations. In 2013, the Committee noted that UNETE reported an accident which had occurred in 2012, namely a major explosion at the Amuay refinery (state of Falcón) owned by PDVSA, which, according to UNETE, left over 40 people dead and 100 injured, and hundreds of families homeless, as well as causing untold environmental damage. UNETE indicated in 2013 that one year after the accident its causes were still unknown, and that corrective measures had not been taken to prevent an accident with such characteristics occurring again. The Committee notes the Government’s indication that the accident was caused by sabotage. The Committee requests the Government to indicate whether an inquiry was conducted into the accident and to provide information on this subject.

Article 11(e). Annual publication of information on occupational accidents, occupational diseases and other injuries. In its previous comments, the Committee referred to communications from the ASI and the CTV indicating an increase in occupational accidents and estimating that 90 per cent of occupational accidents are not notified. The CTV also indicated that there had been an increase in occupational accidents compared with ten years previously due to the deterioration in the working environment, and that there were no reliable statistics. The Government indicated that INPSASEL posts on its web page information on occupational accidents for the period 2005–07 and occupational diseases for the period 2002–06. With regard to the updating of information on occupational accidents, the Committee notes the Government’s indication that a new automatic system of OSH indicators is currently being developed. The Committee requests the Government to indicate whether information is published annually on occupational accidents, occupational diseases and other matters referred to in this Article of the Convention, and to provide a copy of the latest statistics on this subject.

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

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

Article 11(c) and (d) of the Convention. Establishment and application of procedures for the notification of occupational accidents and diseases. The holding of inquiries where an occupational accident appears to reflect a situation which is serious. The Committee notes a communication from the National Union of Workers of Venezuela (UNETE) of 31 August 2013, forwarded to the Government on 19 September 2013. In its communication, the UNETE refers to the deteriorating conditions of occupational safety and health (OSH), with a very high rise in occupational accidents in the oil sector. It makes particular reference to an accident that occurred on 25 August 2012, when there was a major explosion at the Amuay refinery, Falcón state, under the ownership of the Venezuelan petroleum enterprise (PDVSA). It indicates that the accident resulted in 42 deaths and over 100 persons injured, and left hundreds of families homeless, as well as causing huge environmental damage. The union states that a year after the accident the causes are still unknown, and no measures have been taken to prevent it from happening again. A deterioration of OSH conditions is also reported in the cement industry. Lastly, the UNETE indicates that the National Institute for Occupational Prevention, Health and Safety (INPSASEL) is legally empowered to issue certificates for occupational diseases, but that the absence of regulations setting a time limit for issuing the certificate means that INPSASEL delays the process indefinitely, leaving the worker in a vulnerable situation, since the certificate is needed to claim compensation. The Committee invites the Government to provide the comments it considers appropriate with its reply to its 2012 comments.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes the Government’s report received on 30 August 2012, a communication from the Independent Trade Union Alliance (ASI), received on 14 August 2012, and forwarded to the Government of 29 August 2012, and the Government’s observations on that communication, received on 12 November 2012. The Committee notes that the ASI’s communication refers essentially to labour inspection and it will examine it in the context of its examination of the application of the Labour Inspection Convention, 1947 (No. 81). The Committee also notes that part of the ASI’s communication refers to matters covered by the Occupational Health Services Convention, 1985 (No. 161), which has not been ratified by the country, and which cannot therefore be examined. Another part of the communication refers to the absence of consultation and the need to improve social dialogue in relation to occupational safety and health (OSH), and to dysfunctions and the need to improve coordination in the administrative structure, which are issues that the Committee has already examined and that it reviews once again in the present comment.

Articles 7. Reviews, either overall or in respect of particular areas, carried out at appropriate interval; 11(c). Establishment and application of procedures for the notification of occupational accidents; (e). Publication annually of information on measures taken, occupational accidents and occupational diseases, of the Convention. In its previous comments, the Committee noted the indication by the ASI in 2010 that, according to the National Institute for Occupational Prevention, Safety and Health (INPSASEL), up to the third quarter of 2008, 68,119 serious morbidity accidents had been recorded, compared with 57,000 accidents recorded during the whole of 2007. It added that it is estimated that 90 per cent of occupational accidents are not reported. It also noted that, according to the ASI, INPSASEL would administer the OSH services in six sectors, and that it mentioned the petrochemical, oil, auto-parts and agricultural sectors. It further noted that in its 2011 communication, the ASI referred to the poor state of some installations belonging to the Venezuelan Petroleum Enterprise (PVDSA), adding that trade union leaders were urging the INPSASEL to assume the responsibility for and to supervise gas-filling plants throughout the country, and its observation that workers were not working in appropriate safety and health conditions. The Committee also noted that, according to a communication of the Confederation of Workers of Venezuela (CTV) of 2011, there had been an increase in occupational accidents in relation to ten years previously, due to a deterioration in the working environment. It added that there are no reliable statistics. Furthermore, according to the CTV, the petroleum industry is a case in point as accidents in the industry have increased dramatically over the past eight years and, according to a statement by the Secretary-General of the Federation of Petroleum Workers in August 2011, there were 500 occupational accidents in the industry and 15 deaths in 2011, and the PVDSA had dismissed workers involved in occupational accidents. With regard to the notification of accidents, the Committee noted the Government’s indication concerning the procedure with the online reporting of accidents being in its first phase. The Government added that the INPSASEL posts on its web page information on occupational accidents which occurred during the 2005–07 period and on occupational diseases during the period 2002–06. In a communication received on 2 December 2011, the Government indicated that during the first half of 2011 a total of 29,020 occupational accidents and 1,130 occupational diseases had been reported, but did not provide information on previous years. The Committee notes the Government’s indication in its report in 2012 that 30,907 occupational accidents occurred during the first half of 2012, and that 1,328 occupational diseases were declared on the website of the INPSASEL. The Government adds that the INPSASEL is in the process of reviewing and approving the occupational accident statistics for 2008, 2009 and 2010. The Committee once again requests the Government to make efforts to update the information available on occupational accidents so as to have available effective indicators in due time which will allow it to identify the sectors requiring priority action, so that it is able to review its national policy on the basis of reliable and recent data. It requests the Government to provide information on this subject. Furthermore, noting that the Government has not provided some of the information requested in 2011 on the application of these Articles of the Convention, the Committee requests the Government to: (1) send its comments on the issues related to the increase in the number of occupational accidents and their notification; (2) indicate the trends in relation to occupational accidents by sector and the measures adopted or envisaged to deal with them, including the situation in the PVDSA, referred to in the communication; (3) provide information on the reviews carried out or ongoing in specific sectors, as indicated in Article 7 of the Convention; and (4) indicate the sectoral committees to which it referred in its previous comment, and provide information on their operation and activities.

Article 9. Adequate and appropriate system of inspection. In its previous comments, the Committee requested the Government to indicate the measures adopted to guarantee the effective application of the preventive and protective measures established under the Convention including, but not exclusively, the strengthening of labour inspection. The Committee notes that, according to the report, the INPSASEL has formulated three new procedures for the strengthening of inspection systems: “comprehensive inspections”, which adopt a preventive and pluri-disciplinary approach; “updating” actions, focusing on the investigation of occupational accidents and the causes of occupational diseases; and actions in the context of the “Comprehensive Agrarian Inspection Plan” (PIIA). The Committee will examine this information in greater detail in its comments on the application of Convention No. 81.

In 2011, the Committee requested the Government to reply in detail in 2012 to its observation of 2011. Noting that in 2012 the Government provided a brief report which does not contain replies to the various comments contained in its previous observation, the Committee is bound to reiterate those comments, which read as follows:

Articles 4 and 8 of the Convention. Formulating, implementing and periodically reviewing a coherent national policy on occupational safety, occupational health and the working environment; measures to give effect to this Article by consulting with the most representative employers’ and workers’ organizations concerned. The Committee notes that, according to the Government in its report, the principle of the people as participants is a constitutional right set forth in section 5 of the Basic Act on Prevention, Working Conditions and the Working Environment (LOPCYMAT) which gives effect to Article 4 of the Convention, and that draft legislation, regulations and technical standards are submitted for consultation among the various social partners. The Committee also notes that section 10 of the LOPCYMAT establishes that the Ministry of Labour shall consult the employers’ and workers’ organizations in respect of its national policy and that it will take into account, for the elaboration of this policy, inter alia, statistics on occupational diseases, accidents and deaths; the Government adds that section 36 of the same Act establishes a National Safety and Health Council with the participation of employers and workers. The Committee notes, however, that the Government has not provided information on the way in which this section of the Convention is applied in practice, indicating, for example, the content of its national policy and whether this policy and its implementing measures have been and are discussed with the most representative employers’ and workers’ organizations concerned. This implies a process of application and periodical revision in consultation with the most representative employers’ and workers’ organizations concerned, to ensure an evaluation of the national policy, the basis upon which the scope of future actions is determined. With respect to Article 8 of the Convention, the Government states that the Assembly puts into practice the so-called “parliamentarism of the street” which consists of discussing a number of bills with the citizens. It also points out that workers’ assemblies, workshops with safety officers, meetings with trade union organizations and business associations of a number of productive groups are also held. Furthermore, the Committee notes that, in its comments of 2010, the CTV indicates that the National Institute for Occupational Prevention, Health and Safety (INPSASEL) does not consult the trade union organizations. The CTV adds that the Government should use the tripartite consultation mechanisms established under the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), to improve the occupational safety and health conditions and reverse the present trend. The Committee draws the Government’s attention to the fact that Articles 4 and 8 of the Convention refer to consultations on national policy and ways to give effect to these, with the most representative employers’ and workers’ organizations concerned, and therefore discussions with the citizens does not replace consultations with the said organizations. The Committee requests the Government to send additional information on the content of its national policy; on the consultations held with the most representative employers’ and workers’ organizations concerned with respect to the formulation, application and evaluation of its national policy and the measures referred to under Article 8; and on the results of these consultations.

Article 5(e). Spheres of action that should be taken into account by national policy; the protection of workers and their representatives from disciplinary measures as a result of the actions properly taken by them in conformity with the policy referred to in Article 4 of this Convention. The Committee notes that, in accordance with section 44 of the LOPCYMAT, no safety delegate may be dismissed, transferred or demoted in his/her job, from the time he/she is elected until three months after the period for which he/she has been elected, without justified grounds previously approved by the labour inspectorate, in accordance with the Organic Labour Act. Noting that, according to the ASI communication in 2010, 400 safety delegates were dismissed at the end of the first quarter of 2008, the Committee requests the Government to indicate what its legislation considers “justified grounds” in the context of the said section; to send information on the application of this section in practice, including on the application of dismissal with “just grounds previously approved by the labour inspectorate in accordance with the Organic Labour Act”, and on the alleged cases of dismissal of safety delegates.

Article 6. Functions and responsibilities. Article 15. Coordination. With respect to its comments in 2009, in which the Committee noted that, according to the CTV, the LOPCYMAT had not as yet been fully implemented and the Social Security Fund was not yet in operation, the Committee notes that, according to the Government, it is untrue that the LOPCYMAT is not yet functioning. The Governing points out that in the context of the transition of the social security institutions, certain legal situations of occupational safety and health (OSH) fall within the remit of the Venezuelan Social Security Institute (IVSS); that the entry into force of the Social Security Fund will enable the remaining aspects to come into effect; however, there has not been a deterioration or vacuum with respect to situations regulated by previous laws and regulations. The Committee also notes that, according to the ASI’s communication of 2010, another delay with the LOPCYMAT is connected to the appointment of special prosecutors for occupational safety and health matters. In turn, the Committee notes that the Government has not provided the information requested in its previous comment on the difficulties encountered in formally setting up the National Council for Occupational, Safety and Health, to which section 36 of the LOPCYMAT refers. The Committee requests the Government to indicate whether the National Council for Occupational, Safety and Health is operating and to send information on which aspects and bodies governed by the LOPCYMAT are functioning in practice, and those which are not, as well as the Government’s plans to implement the Act in its totality.

Other issues. Article 5. Spheres of action that should be taken into account in national policy; Article 11(a)(b) and (d). Functions that should be covered by national policy; Article 12. Obligations on persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use; and Article 15. Coherence of the national policy and coordination between the various authorities and bodies responsible for giving effect to Parts II and III of the present Convention. Noting that the Government has not, in its report, provided information on the application of the above Articles, the Committee requests the Government to send information in this respect.

The Committee hopes that the Government will make every effort to adopt the necessary measures in the near future.

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

The Committee takes note of the Government’s detailed report; of the Government’s reply to its comments in 2009 when it referred to a communication from the Confederation of Workers of Venezuela (CTV); of a communication from the Independent Trade Union Alliance (ASI) sent by the Government on 24 September 2010; and of two communications dated 30 August 2011, of which one is from the CTV and the other from the ASI, sent by the Government on 22 September 2011. The Committee notes that the Government has not sent information on the questions raised in these three communications. The Committee will refer to the communications when examining the relevant Articles of the Convention. Furthermore, the Committee notes that on 2 December 2011, the Office received comments from the Government referring to the communications from the trade unions mentioned above, but it did not provide any information in this respect. The only information connected with the application of this Convention is the number of occupational accidents and diseases for the first six months of 2011.

Articles 4 and 8 of the Convention. Formulating, implementing and periodically reviewing a coherent national policy on occupational safety, occupational health and the working environment; measures to give effect to this Article by consulting with the most representative employers and workers’ organizations concerned. The Committee notes that, according to the Government in its report, the principle of the people as participants is a constitutional right set forth in section 5 of the Basic Act on Prevention, Working Conditions and the Working Environment (LOPCYMAT) which gives effect to Article 4 of the Convention, and that draft legislation, regulations and technical standards are submitted for consultation among the various social partners. The Committee also notes that section 10 of the LOPCYMAT establishes that the Ministry of Labour shall consult the employers’ and workers’ organizations in respect of its national policy and that it will take into account, for the elaboration of this policy, inter alia, statistics on occupational diseases, accidents and death; the Government adds that section 36 of the same Act establishes a National Safety and Health Council with the participation of employers and workers. The Committee notes, however, that the Government has not provided information on the way in which this section of the Convention is applied in practice, indicating for example, the content of its national policy and whether this policy and its implementing measures have been and are discussed with the most representative employers’ and workers’ organizations concerned. This implies a process of application and periodical revision in consultation with the most representative employers’ and workers’ organizations concerned, to ensure an evaluation of the national policy, the basis upon which the scope of future actions is determined. With respect to Article 8 of the Convention, the Government states that the Assembly puts into practice the so-called “parliamentarism of the street” which consists of discussing a number of bills with the citizens. It also points out that workers’ assemblies, workshops with safety officers, meetings with trade union organizations and business associations of a number of productive groups are also held. Furthermore, the Committee notes that, in its comments of 2010, the CTV indicates that the Institute for Occupational Prevention, Health and Safety (INPSASEL) does not consult with the trade union organizations. The CTV adds that the Government should use the tripartite consultation mechanisms established under the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) to improve the occupational safety and health conditions and reverse the present trend. The Committee draws the Government’s attention to the fact that Articles 4 and 8 of the Convention refer to consultations on national policy and ways to give effect to these, with the most representative employers’ and workers’ organizations concerned, and therefore discussions with the citizens does not replace consultations with the said organizations. The Committee requests the Government to send additional information on the content of its national policy; on the consultations held with the most representative employers’ and workers’ organizations concerned with respect to the formulation, application and evaluation of its national policy and measures referred to under Article 8; and on the results of these consultations.

Article 5(e). Spheres of action that should be taken into account by national policy; the protection of workers and their representatives from disciplinary measures as a result of the actions properly taken by them in conformity with the policy referred to in Article 4 of this Convention. The Committee notes that, according to section 44 of the LOPCYMAT, no safety delegate may be dismissed, transferred or demoted in his/her job, from the time he/she is elected until three months after the period for which he/she has been elected, without justified grounds previously approved by the labour inspectorate, in accordance with the Organic Labour Law. Noting that, according to the ASI communication in 2010, 400 safety delegates were dismissed at the end of the first quarter of 2008, the Committee requests the Government to indicate what its legislation considers “justified grounds” in the context of the said Article; to send information on the application of this Article in practice, including on the application of dismissal with “just grounds previously approved by the labour inspectorate in accordance with the Organic Labour Law”, and on the alleged cases of dismissal of safety delegates.

Article 6. Functions and responsibilities. Article 15. Coordination. With respect to its comments in 2009, in which the Committee noted that, according to the CTV, the LOPCYMAT had not as yet been fully implemented and the Social Security Fund was not yet in operation, the Committee notes that, according to the Government, it is untrue that the LOPCYMAT is not yet functioning. The Governing points out that in the context of the transition of the social security institutions, certain legal situations of occupational safety and health (OSH) fall within the remit of the Venezuelan Social Security Institute (IVSS); that the entering into force of the Social Security Fund will enable the remaining aspects to come into effect; however, there has not been a deterioration or vacuum with respect to situations regulated by previous laws and regulations. The Committee also notes that, according to the ASI’s communication of 2010, another delay with the LOPCYMAT is connected to the appointment of special prosecutors in occupational safety and health matters. In turn, the Committee notes that the Government has not provided the information requested in its previous comment on the difficulties encountered in formally setting up the National Council for Prevention, Safety and Health at Work, to which section 36 of the LOPCYMAT refers. The Committee requests the Government to indicate whether the National Council for Prevention, Safety and Health at Work is operating and to send information on which bodies governed by the LOPCYMAT are functioning in practice, and those which are not, as well as the Government’s plans to implement the Act in its totality.

Article 7. Reviews, either overall or in respect of particular areas, carried out at appropriate intervals. Article 11(c). The establishment and application of procedures for the notification of occupational accidents; and paragraph (e), the annual publication of information on measures taken, and on occupational accidents and occupational diseases. The Committee notes that in 2010, the ASI indicates that, according to the INPSASEL, up to the third quarter of 2008, 69,119 serious accidents occurred, compared to the 57,000 registered throughout 2007. It is estimated, according to the ASI, that 90 per cent of occupational accidents are not reported. The Committee notes that in its communication of 2010, the ASI stated that INPSASEL would administer the OSH services in six sectors, and mentioned the petrochemical, petrol, auto-parts and agriculture sectors; and that in its 2011 communication, the ASI refers to the poor state of some installations belonging to the Venezuelan Petroleum Enterprise (PVDSA), adding that trade union officials urged the INPSASEL to assume the responsibility for and supervise gas-filling plants throughout the country, and noted that workers were not employed in adequate safety and health conditions. Similarly, the Committee noted that, according to a communication from the CTV in 2011, there has been an increase in the number of occupational accidents compared with ten years before; and that this may be attributed to a deterioration in the working environment. It pointed out that there were no reliable statistics. The CTV also states that the petroleum industry is a particular case in point given that accidents in this industry have increased dramatically during the past eight years, and that according to the statement by the Secretary-General of the Federation of Petroleum Workers in August 2011, there have been 500 occupational accidents in the industry and 15 deaths, and that the PVDSA has dismissed workers involved in occupational accidents. As regards the notification of accidents, the Committee states that these are reported online and that this system is in its first phase. The Government also states that the INPSASEL posts on its webpage information on occupational accidents which occurred during the 2005–07 period, and on occupational diseases during the 2002–06 period. The Committee notes that the Government, in its communication received on 2 December 2011, stated that in the first semester of 2011, 29,020 occupational accidents and 1,130 occupational diseases were reported, but it did not provide information on previous years. Having noted that the information available on the INPSASEL webpage is up to the year 2007, the Committee requests the Government to redouble its efforts to bring the available information on occupational accidents up to date so that it may count on efficient indicators in due time, allowing it to identify the sectors requiring priority action and, in this way, to be able to re examine its national policy on the basis of reliable and recent data, and to provide information on this particular issue. Furthermore, the Committee requests the Government to: (1) send its comments on the issues related to the increase in the number of occupational accidents and under-reporting; (2) indicate the trends in occupational labour accidents by sector and the measures taken or envisaged to deal with this situation, including statistical information from 2007 until the present date; (3) send information on the surveys carried out or ongoing in specific sectors; and (4) indicate the sectoral committees to which it referred in its previous comment and provide information on the way they are run and activities.

Article 9. Adequate and appropriate system of inspection. Taking into account the problems of application in practice referred to in the communications, the Government is asked to indicate the measures adopted to guarantee the effective application of preventive and protective measures established under the Convention, including, but not exclusively, the strengthening of the labour inspectorate.

Other issues. Article 5. Spheres of action that should be taken into account in national policy; Article 11(a)(b) and (d). Functions that should be covered by national policy; Article 12. Obligations on persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use; and Article 15. Coherence of the national policy and coordination between the various authorities and bodies responsible for giving effect to parts II and III of the present Convention. Noting that the Government has not, in its report, provided information on the application of the abovementioned Articles, the Committee requests the Government to send information in this respect.

[The Government is asked to report in detail in 2012.]

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

Legislation. The Committee notes with interest the promulgation of the Basic Act on Prevention, Working Conditions and the Working Environment (LOPCYMAT), published in Official Journal No. 38236 of 26 July 2005, the Regulations to Implement in Part the Basic Act on Prevention, Working Conditions and the Working Environment, which entered into force 1 January 2007, the Technical Standard “Occupational Safety and Health Programme” (NT‑01-2008) and the Technical Standard “Declaration of Occupational Diseases” (NT-02-2008).

Communication from the Confederation of Workers of Venezuela (CTV). The Committee takes note of a communication from the CTV, received on 31 August 2009 and sent to the Government on 16 September 2009. According to the CTV, LOPCYMAT is not fully enforced because the Social Security Fund has not as yet been created. The Committee will examine this communication together with any comments the Government may wish to make.

Article 4, paragraph 1, of the Convention. Measures for the implementation and review of a national policy on occupational safety and health. The Committee notes the information sent by the Government on the various occupational health programmes. It notes that according to the report, machinery exists for the framing of occupational safety and health programmes, in the form of the Technical Standard “Occupational Safety and Health Programme”, which was prepared jointly with employers and workers and subsequently reviewed by the National Institute for Occupational Prevention, Health and Safety (INPSASEL). The Committee notes that according to the report, the National Council for Prevention, Safety and Health at Work has not been established officially, but that, periodically, there are meetings of committees set up by sector and composed of employers, prevention representatives and state representatives, to agree on specific activities and programmes and to facilitate the assessment and development of technical standards. The Committee infers that these are sectoral committees with nationwide coverage. It requests the Government to indicate: (1) the economic sectors in which these sectoral committees operate nationwide; and (2) the bodies and machinery enabling these committees to coordinate their work in formulating, implementing and periodically reviewing a coherent national policy on occupational safety, occupational health and the working environment, as required by the Convention. Please also provide information on difficulties encountered in officially establishing the National Council on Prevention, Safety and Health at Work and the measures taken to overcome them.

The Committee notes that the Government has provided information on the other issues raised in its previous comments, except on the manner in which the competent authority ensures that every year information is published on the measures taken pursuant to the national policy on occupational safety, occupational health and the working environment (Article 11(e)). The Government is asked to send information on this matter in its next report.

Bearing in mind that since the last report, the Government has adopted a significant occupational safety and health legislation, noted in the first paragraph of this observation, the Committee considers that it is essential to gain an overall view of the impact of the legislation on the application of the Convention. Furthermore, in view of the fact that the new legislation has not as yet been fully implemented – as indicated by the Government’s statement that the National Council on Prevention, Safety and Health at Work has not been officially established and the CTV’s assertion that the Social Security Fund is not yet in operation – the Government needs to specify not only the changes in the legislation but also provisions that are actually reflected in practice as well as those as yet to be applied, and difficulties encountered and measures taken to overcome them. Accordingly, the Committee requests the Government to send a detailed report showing the changes introduced by the new legislation in respect of each Article of the Convention and containing information on the effect given to them in practice.

[The Government is asked to report in detail in 2011.]

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

The Committee notes the information provided by the Government in reply to the previous comments relating to the application of Article 17 of the Convention.

1. Article 4, paragraph 1, of the Convention (measures for the implementation and review of a national policy on occupational safety and health). The Committee notes the detailed information on the general and specific legal provisions governing conditions of work and occupational safety and health in any workplace. It notes the numerous industrial standards formulated by the Venezuelan Industrial Standards Commission (COVENIN), the application of which is compulsory in certain cases, and the activities to improve their application in practice. The Committee observes that these activities, and the legal provisions referred to in the Government’s report, are of a preventive nature and are intended to avoid and reduce risks through vigilance and control of the working environment in workplaces.

The Committee notes the supervisory institutions enumerated in the Government’s report, the objective of which is to establish follow-up and control mechanisms in the event of occupational accidents and diseases in compliance with its preventive mission. The Committee also notes the measures adopted, through the inspection activities carried out in various workplaces, the objective of which is to minimize accidents and dangers to the health of workers. The Committee requests the Government to provide examples of such programmes.

The Committee notes that, in accordance with section 8 of the Organic Act respecting prevention, working conditions and environment (LOPSYMAT) of 1986, the National Council of Occupational Prevention, Health and Safety has the fundamental objective of formulating a national policy in the fields of working conditions and environment relating to prevention, health, safety and well-being of workers. The Committee requests the Government to provide additional information on the activities of this Council and the progress achieved in formulating, implementing and periodically reviewing a coherent national policy on occupational safety, occupational health and the working environment.

2. Article 5 (fields covered by a national policy). The Committee notes that occupational safety and health committees which, in accordance with section 35 of the Organic Act (LOPSYMAT), are established in all industrial or agricultural enterprises, concerns or establishments, are composed of representatives of workers and employers, as well as occupational safety technicians. The Committee recalls that, in accordance with clause (d) of this Article of the Convention, communication and cooperation at the levels of the working group and the enterprise and up to and including the national level is one of the main spheres of action to be taken into account in the formulation of the coherent national policy on occupational safety, occupational health and the working environment. The Committee requests the Government to provide information on the manner in which in practice communication and cooperation are achieved at the level of the working group and other appropriate levels, taking into account that at the national level they can be undertaken in the National Council of Prevention and Occupational Safety and Health.

The Committee also requests the Government to indicate the manner in which relationships between the material elements of work and the persons who carry out or supervise the work, and adaptation of machinery, equipment, working time, organization of work and work processes to the physical and mental capacities of the workers are taken into account when formulating the coherent national policy on occupational safety, occupational health and the working environment (clause (b) of this Article).

3. Article 8 (laws and regulations). The Committee notes the Government’s indication that many proposals have been made for regulations under the Organic Act respecting prevention, working conditions and environment (LOPSYMAT) with the support and participation of employers, workers, the Government and universities. Nevertheless, the commission responsible for the formulation of the draft regulations has decided to suspend the activities undertaken for this purpose due to the fact that the Organic Act is also to be amended. The Committee hopes that the Government will provide information on the progress achieved in this respect.

4. Article 11 (simultaneous exposure to several substances or agents (b) and annual publication of information (e)). With reference to the previous comments, the Government indicates that labour supervision units, through their activities in the fields of inspection, the promotion of prevention and advice, adopt supervisory measures and provide guidance so that employers determine the health risks for workers based on the existing legal basis. The policy that has been implemented is reflected in the fact that the supervisory units are in a position, through the supervision of workplaces, to detect risks that exist in the working environment, so as to ensure that the risk of workers suffering an occupational accident or disease is diminished. All the details are contained in the monthly reports, which act as a database for national statistics and, in accordance with section 565 of the Organic Labour Act, within four days the employer has to notify the labour inspectorate of the data relating to the person suffering the accident, the establishment and the accident itself.

The Committee notes this information. It requests the Government to provide information on the manner in which health hazards due to the simultaneous exposure to several substances or agents shall be taken into consideration (clause (b) of this Article) and the manner in which the competent authority ensures the annual publication of information on measures taken in pursuance of the national policy on occupational safety, occupational health and the working environment (clause (e) of this Article).

5. Article 12(b) and (c) (information concerning the correct installation and use of machinery and equipment). The Committee notes the list of publications of the Venezuelan Industrial Standards Commission (COVENIN) regulating equipment and the handling of hazardous substances. It also notes the Government’s indication that producers of machinery currently issue standards to ensure that the machinery and equipment used at the workplace offer the highest level of safety and protection possible. The Committee requests the Government to provide examples of such standards.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

With reference to its previous comments, the Committee notes that a committee has been named by the President to prepare a new draft of regulations under the Organic Act respecting prevention and working conditions and the environment (OPCYMAT). It notes that the preparation of the said draft regulations has been completed in consultations with and the participation of employers and workers, and that they will be submitted to the Council of Ministers shortly for its consideration and approval. The National Institute for Prevention and Occupational Safety and Health will implement these regulations. The Committee hopes these regulations will be adopted shortly and a copy of the adopted text sent to the Office. It hopes these will enable the Government to address the Committee’s previous comments which read as follows:

  Article 4 of the Convention.  The Committee recalls that the Government had reiterated on various occasions that it would adopt the necessary measures to develop a coherent national policy on occupational safety, occupational health and the working environment. The Committee recalls that it has been urging the Government since 1990 to adopt the necessary measures to give effect to this provision of the Convention. The Committee therefore hopes that the Government will be able to provide detailed information in its next report on the measures which have been taken with a view to the formulation of a coherent national policy on occupational safety, occupational health and the working environment, in consultation with the most representative organizations of employers and workers, as envisaged by this Article of the Convention.

  Article 5.  The Committee recalls that, in accordance with this Article, account shall be taken, when formulating the coherent national policy on occupational safety, occupational health and the working environment, of the relationships between the material elements of work and the persons who carry out or supervise the work, and adaptation of machinery, equipment, working time, organization of work and work processes to the physical and mental capacities of the workers (point (b) of this Article of the Convention), as well as communication and cooperation at the levels of the working group and the undertaking and at all other appropriate levels up to and including the national level (point (d) of Article 5 of the Convention). The Committee notes the information provided by the Government concerning the functions of occupational safety and health committees and the activities of the labour inspectorate in relation to these committees and it once again requests the Government to provide detailed information on the measures adopted to give effect to the above points of this Article of the Convention.

  Article 8.  The Committee hopes that the Government will be able to indicate the adoption, in its next report, of the regulations to be issued under the Organic Act respecting prevention and working conditions and environment (OPCYMAT), which it has been announcing for many years. The Committee also hopes that, as it has already indicated on other occasions, the adoption of the above regulations will contribute to strengthening supervision of the manner in which laws and regulations on occupational safety and health and the working environment are applied through an adequate and appropriate system of inspection (Article 9).

  Article 11.  The Committee notes with interest the document entitled "Industrial health and safety programme - General aspects - COVENIN Standard No. 2260-88" in relation to the application of this Article. The Committee requests the Government to provide information on the measures adopted so that the competent authorities can ensure the determination of health hazards due to the simultaneous exposure to several substances or agents (point (b) of this Article) and the publication, annually, of information on measures taken in pursuance of the national policy on occupational safety, occupational health and the working environment (point (e) of this Article).

  Article 12(b) and (c).  The Committee regrets to note that the Government has not replied to its request concerning this Article of the Convention. It once again requests the Government to provide information on the measures adopted to give effect to this Article, which concerns compliance with national standards for the design, manufacture, import or provision of machinery or equipment or substances for occupational use.

  Article 17.  The Committee regrets to note that once again the Government has not provided any information on the measures adopted to give effect to this Article, which requires the adoption of legislative or other measures to require enterprises which engage in activities simultaneously at one workplace to collaborate in applying the requirements of the Convention. The Committee hopes that the Government will take the necessary measures to provide the requested information.

[The Government is asked to report in detail in 2002.]

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

With reference to its previous comments, the Committee notes the Government's statement that, since the new authorities took office in February 1999, the country is undergoing a process of far-reaching transformation. The Committee also notes that the members of the National Council on Prevention, Health and Safety at Work are to be appointed. Finally, it notes that the new Government undertakes to adopt the necessary measures to push forward the draft texts which had been paralysed, including the draft regulations under the Organic Act respecting prevention and working conditions and environment (OPCYMAT).

Article 4 of the Convention. The Committee recalls that the Government had reiterated on various occasions that it would adopt the necessary measures to develop a coherent national policy on occupational safety, occupational health and the working environment. The Committee recalls that it has been urging the Government since 1990 to adopt the necessary measures to give effect to this provision of the Convention. The Committee therefore hopes that the Government will be able to provide detailed information in its next report on the measures which have been taken with a view to the formulation of a coherent national policy on occupational safety, occupational health and the working environment, in consultation with the most representative organizations of employers and workers, as envisaged by this Article of the Convention.

Article 5. The Committee recalls that, in accordance with this Article, account shall be taken, when formulating the coherent national policy on occupational safety, occupational health and the working environment, of the relationships between the material elements of work and the persons who carry out or supervise the work, and adaptation of machinery, equipment, working time, organization of work and work processes to the physical and mental capacities of the workers (point (b) of this Article of the Convention), as well as communication and cooperation at the levels of the working group and the undertaking and at all other appropriate levels up to and including the national level (point (d) of Article 5 of the Convention). The Committee notes the information provided by the Government concerning the functions of occupational safety and health committees and the activities of the labour inspectorate in relation to these committees and it once again requests the Government to provide detailed information on the measures adopted to give effect to the above points of this Article of the Convention.

Article 8. The Committee hopes that the Government will be able to indicate the adoption, in its next report, of the regulations to be issued under the Organic Act respecting prevention and working conditions and environment (OPCYMAT), which it has been announcing for many years. The Committee also hopes that, as it has already indicated on other occasions, the adoption of the above regulations will contribute to strengthening supervision of the manner in which laws and regulations on occupational safety and health and the working environment are applied through an adequate and appropriate system of inspection (Article 9).

Article 11. The Committee notes with interest the document entitled "Industrial health and safety programme - General aspects - COVENIN Standard No. 2260-88", in relation to the application of this Article. The Committee requests the Government to provide information on the measures adopted so that the competent authorities can ensure the determination of health hazards due to the simultaneous exposure to several substances or agents (point (b) of this Article) and the publication, annually, of information on measures taken in pursuance of the national policy on occupational safety, occupational health and the working environment (point (e) of this Article).

Article 12(b) and (c). The Committee regrets to note that the Government has not replied to its request concerning this Article of the Convention. It once again requests the Government to provide information on the measures adopted to give effect to this Article, which concerns compliance with national standards for the design, manufacture, import or provision of machinery or equipment or substances for occupational use.

Article 17. The Committee regrets to note that once again the Government has not provided any information on the measures adopted to give effect to this Article, which requires the adoption of legislative or other measures to require enterprises which engage in activities simultaneously at one workplace to collaborate in applying the requirements of the Convention. The Committee hopes that the Government will take the necessary measures to provide the requested information.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

Article 11(f) of the Convention. The Committee notes National Standard No. 2277-91 of the Venezuelan Industrial Standards Commission (COVENIN) relating to occupational safety and hygiene measures in the use of lead and its compounds, a copy of which has been sent with the Government's report. The Committee notes the information provided by the Government to the effect that the text of the other standard requested -- COVENIN Standard No. 2253-90 -- respecting the maximum permissible concentrations in the workplace environment is not available, since it is currently being reviewed and updated by the Fund for Quality Standardization and Certification (FONDONORMA). The Committee requests the Government to provide a copy of the revised text of this standard once it has been adopted.

Since it has not received any information on the systems used to examine other agents, including biological agents, in respect of the effects of their use on workers' health, the Committee reiterates its request for information on the measures taken by the competent authorities to guarantee the gradual introduction of the investigation of various agents in relation to the risks which they entail for workers' health.

Article 12(b) and (c). In its previous comments, the Committee requested the Government to indicate the legislative or regulatory provision obliging the hygiene and industrial health inspectors attached to the Ministry of Labour to observe the standards established by the National Council for Prevention, Health and Safety at Work and the National Institute on Prevention, Health and Safety at Work. Since it has not received any information on the texts in question, the Committee reiterates its request to the Government for details of the standards used by the inspectors in respect of the design, manufacture, import or transfer of machinery, equipment or substances.

Article 17. With reference to its previous comments, the Committee observes that no information is included in the Government's last report on a provision or measure to guarantee that two or more undertakings engaged in activities simultaneously at one workplace collaborate, pursuant to the measures provided for in the Convention. The Committee is obliged once again to request the Government to indicate the legislative or other measures which oblige enterprises that are in the situation covered by this Article to collaborate, pursuant to the occupational safety and health measures adopted.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

1. Article 4, paragraph 1, of the Convention. The Committee refers to the information provided by the Government in its 1994 report, according to which the National Council on Prevention, Health and Safety at Work undertook, in consultation with the most representative organizations of employers and workers, to draw up the plans and programmes of a national policy on the health, safety and welfare of workers in their place of work. Since it has not received any information on the progress made in this respect, the Committee requests the Government to indicate what stage has been reached in the process of preparing the necessary documents as integral components of the coherent national policy on occupational safety, occupational health and the working environment.

Furthermore, with reference to its previous comments, the Committee notes that the review of the Regulations contained in the Basic Act on prevention, working conditions and the working environment is being finalized, and that the revised text will contain a series of reforms relating to the Regulations in force. The Committee hopes that the revised text of the Regulations will enable the national policy in respect of the occupational safety and health of workers and the working environment to be fully implemented for all branches of economic activity.

2. Article 5. With reference to its previous comments, the Committee notes that the Government indicates in its last report that a provision establishing the joint responsibility of all entities involved in occupational accidents or diseases has been included in the revised text of the Regulations. The Committee requests the Government to indicate in what form and to what extent the national policy in respect of the occupational safety and health of workers takes into account the sphere of communication and cooperation at the levels of the working group and the undertaking and at all appropriate levels up to and including the national level (Article 5(d)), and to provide an indication of the relationships between, on the one hand, the material elements of work and the persons who carry out or supervise the work, and on the other hand, the adaptation of machinery, equipment, working time, organization of work and work processes to the physical and mental capacities of the workers (Article 5(b)).

3. Article 8. The Committee notes with interest the progress made in reviewing the Regulations contained in the Basic Act on prevention, working conditions and the working environment, and requests the Government to provide a copy of the new text of the Regulations when they have been adopted. The Committee notes the fact that the Ministry of Labour is currently being restructured to establish a single body of overall supervisors (for employment, labour, industrial safety and hygiene), which will ensure that precautionary, preventive and protective measures are taken in respect of workers. The Committee hopes that such measures will make the national occupational safety and health policy more effective, and the system of inspection responsible for the enforcement of laws and regulations in this area (Article 9) more appropriate.

4. Article 11. With reference to its previous comments, the Committee notes the Government's statement that the provisions of this Article of the Convention will be analysed with a view to inserting them in the revised text of the Regulations contained in the Basic Act on prevention, working conditions and the working environment. The Committee hopes that the text in question will give full effect to this Article. The Committee requests the Government to indicate the measures which have been taken by the competent authorities to ensure the discharge of functions such as the determination of conditions governing the design and construction of undertakings, the commencement of their operations and major alterations affecting them (paragraph (a)); the determination of work processes which are prohibited, limited or made subject to authorization or control by the competent authorities (paragraph (b)); the establishment and application of procedures for the notification of occupational accidents and diseases by employers (paragraph (c)); the holding of inquiries, where cases of occupational accidents, occupational diseases or any other injuries to health which arise in the course of or in connection with work (paragraph (d)); and the publication, annually, of information on measures taken in pursuance of the policy on occupational safety, occupational health and the working environment (paragraph (e)).

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the information provided by the Government in its report, the standards to control the production and handling of toxic or hazardous waste, the text of which was adopted by Decree No. 1800 of 21 October 1987, and the information on the system of government authorization established by Decision of the Ministry of Development No. 1449 of 14 June 1993, with a view to ensuring that no machinery or substance that is not in conformity with the established standards can be used or imported.

Article 11(f) of the Convention. The Committee notes the information to the effect that the Venezuelan Industrial Standards Commission (COVENIN) issued the standard (No. 2253-90) respecting the permissible concentration of substances in the environment of the workplace, as well as the standard (No. 2277-91) respecting toxicological medical supervision for workers exposed to toxic substances, which both provide for studies to be carried out concerning the risks deriving from chemical and physical substances and agents. Since these texts have not been transmitted to the Office, the Committee requests the Government to provide copies of them. The Committee also requests the Government to provide information on systems to examine other agents, including biological agents, in respect of the effects of their use on the health of workers.

Article 12(b) and (c). In its reply to the Committee's previous comments concerning the standards used by industrial health and safety inspectors as concerns the design, manufacture, import or transfer of machinery, equipment or substances, the Government refers to a number of the provisions of the Basic Act respecting prevention, working conditions and the working environment. The Committee notes that the provisions referred to by the Government cover the activities of the National Council for Prevention, Health and Safety at Work and the National Institute on Prevention, Health and Safety at Work, as the advisory body to the national executive authorities and the executive body of national policy in this field. The Committee requests the Government to indicate the legal provisions or regulations which oblige inspectors to comply with the same standards that are established by the above bodies.

Article 17. In reply to the Committee's previous comments, the Government refers to the coordination established between enterprises and groups of enterprises for the organization of medical services. Nevertheless, the Committee recalls that this Article refers to the collaboration between two or more enterprises engaged in activities simultaneously at the same workplace, under the terms of the provisions set out in the Convention. This collaboration should permit the more effective implementation of the occupational safety and health measures adopted by each of the two or more enterprises. The Committee therefore requests the Government to indicate the legislative or other measures which oblige enterprises that are in the situation covered by this Article to collaborate in the above field.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the information provided by the Government.

1. Article 4, paragraph 1, of the Convention. With reference to its previous comments, the Committee notes that the National Council on Prevention, Health and Safety at Work is responsible, in consultation with the most representative organizations of employers and workers, for the formulation of the outline and programmes of a national policy on occupational safety, health and the welfare of workers at the workplace. The Committee once again hopes that the Government will endeavour not to delay the adoption of measures for the preparation of the documents required as integral components of the coherent national policy on occupational safety, occupational health and the working environment.

The Committee refers to the Government's earlier communication, according to which it has been endeavouring for a long time to consolidate social security laws to guarantee the application of the Basic Act on prevention, working conditions and the working environment, of 1986. The Committee has received no information on the outcome of this work and once again hopes that the Government will report the progress achieved in the formulation of the draft text designed to reinforce the application of the Basic Act.

2. In its previous comments, the Committee requested the Government to indicate the manner in which relationships are established between the material elements of work and the persons who carry out or supervise the work, on the one hand, and the adaptation of machinery, equipment, working time, the organization of work and work processes to the physical and mental capacities of the workers, on the other hand (Article 5(b)), as well as the measures adopted to facilitate communication and cooperation at all levels (Article 5(d)).

In reply, the Government emphasizes the tripartite aspect of the application and establishment of occupational health policies, as set out in the national legislation and confirmed in practice. The Committee notes this statement by the Government and again requests it to provide detailed information on the manner in which account is taken, in the framework of the national policy on occupational safety and health, of the above elements (relationships between the material elements of work and the persons who carry it out; adaptation of machinery and the organization of work to the capacities of workers; the measures adopted to promote cooperation at the levels of the working group, the enterprise and all other appropriate levels).

3. Article 8. In reply to the Committee's previous comments concerning the measures adopted by means of laws and regulations or any other method, to give effect to the national policy on occupational safety and health, the Government provides information on the composition of the National Council for Prevention, Health and Safety at Work. The members of this body are under oath, according to the information provided by the Government. The Council is composed of representatives of the ministries (Health, Labour, Natural Resources, Urban Development, Agriculture, Mines, etc.), the organizations of workers and employers and the public and private bodies concerned. The Committee hopes that new standards, the need for which underlies the terms of this provision of the Convention, will be adopted in the near future and requests the Government to supply information on any progress achieved in this respect.

4. Article 11. In its previous comments, the Committee requested the Government to indicate the measures which have been adopted or are envisaged to ensure that the functions enumerated in this Article of the Convention are carried out. In its reply, the Government refers to the provisions of the national legislation, which establish safety requirements with regard to certain machinery, equipment and installations. The Committee requests the Government to indicate the measures which have been taken by the competent authorities to ensure the discharge of functions such as the determination of conditions governing the design, construction and lay-out of enterprises and major alterations affecting them (point (a)); the determination of work processes which are prohibited, limited or made subject to authorization or control by the competent authorities (point (b)); the establishment and application of procedures for the notification of occupational accidents and diseases by employers (point (c)); the holding of inquiries in each case where an occupational accident, occupational disease or any other injury to health arises in the course of or in connection with work (point (d)); and the publication annually of information on measures taken in pursuance of the policy on occupational safety, occupational health and the working environment (point (e)).

5. The Committee notes the comment of the Venezuelan Federation of Chambers and Associations of Commerce and Production (FEDECAMARAS), transmitted with the Government's last report, which refers to paragraph 90(e)(1) of the report approved by the Governing Body at its 256th Session (May 1993) concerning the representation alleging non-compliance with a number of Conventions, made by the International Organization of Employers and FEDECAMARAS. The Committee accordingly requests the Government to indicate whether the report on the application of Convention No. 155 was prepared on the basis of the consultations prescribed by Convention No. 144.

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

[The Government is asked to report in detail in 1997.]

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

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

With reference to its observation, the Committee requests the Government to provide further information on the following points:

Article 11. In its report for 1989, the Government made reference to a text concerning instructions on technical criteria and procedures for the control and handling of toxic or non-radioactive dangers which was not transmitted to the Office. The Government is requested to provide a copy of this document with its next report.

Article 11(f). The Government referred in its report for 1989 to annual statistics which were reported to the Parliament. The Committee would recall, however, that this Article refers to the introduction of systems for the examination of the effect of chemical, physical and biological agents on workers' health. Such systems would permit the analysis of new substances and would provide useful information for determining whether such substances should be used in the workplace and under what conditions. The Government is requested, therefore, to indicate the measures taken to introduce systems for the examination of the effect of these agents on workers' health.

Article 12(b) and (c). In its report for 1989, the Government referred to the enforcement carried out by labour inspectors. The Government is requested to indicate the safety and health standards used by inspectors as concerns the design, manufacture, import or transfer of machinery, equipment or substances. The Government is further requested to indicate how the state approval system functions so as to ensure that any machinery or substances which do not meet established standards cannot be used or imported.

Article 17. As the Government has not provided any information concerning the application of this Article, the Government is again requested to indicate the measures taken to ensure that whenever two or more undertakings engage in simultaneous activities at one workplace that they collaborate in applying the requirements of the Convention.

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

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee noted the Government's communication dated 12 June 1992 concerning the creation of the National Council and the National Institute on Prevention and Health and Safety at Work by Decree No. 2.208 of 23 April 1992; it however noted with regret that no report has been received from the Government in response to the other issues raised by the Committee in its previous comments. The Committee, therefore, trusts that the Government will supply a detailed report in the very near future on the following points:

1. Article 4, paragraph 1, of the Convention. The Committee notes that the newly created National Council on Prevention and Health and Safety at Work is, by virtue of section 8 of the Basic Act of 1986 on prevention, working conditions and the working environment, authorized to draw up national policy with respect to working conditions and working environment as concerns the prevention of workers' health, safety and welfare and is responsible for overseeing the observance of all the standards contained in the Act and the regulations issued thereunder. It further notes the Government's indication in its letter of 12 June 1992 that progress is being made on the consolidated social security draft with a view towards ensuring the implementation of the provisions of the Basic Act. The Committee hopes that the Government will indicate the progress made in the revision of the consolidation of social security laws and the measures taken or envisaged in the draft to improve the application of the Basic Act.

2. With reference to its previous comments, the Committee hopes that the Government will indicate the manner in which the relationships between, on the one hand, the material elements of work and the persons who carry out or supervise the work and on the other, the adaptation of machinery, equipment, working time, organization of work and work processes to the physical and mental capacities of the workers (Article 5(b)) are taken into account in the national policy and the measures taken to provide for communication and cooperation at all levels (Article 5(d)). The Government is also requested to indicate the measures taken or envisaged to ensure that the functions elaborated in Article 11 of the Convention are carried out.

3. Article 8. In previous comments, the Committee noted that no new regulations had been issued to give effect to the national occupational safety and health policy called for under Article 4 of the Convention. It welcomes the creation of the National Council on Prevention and Health and Safety at Work which appears to have the authority for elaborating the regulations necessary to the implementation of the national occupational safety and health policy. The Government is requested to indicate any laws or regulations adopted or under consideration to give effect to the national occupational safety and health policy.

4. The Committee is raising a number of other points in a request addressed directly to the Government.

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

With reference to its observation, the Committee requests the Government to provide further information on the following points:

Article 11. In its report for 1989, the Government made reference to a text concerning instructions on technical criteria and procedures for the control and handling of toxic or non-radioactive dangers which was not transmitted to the Office. The Government is requested to provide a copy of this document with its next report.

Article 11(f). The Government referred in its report for 1989 to annual statistics which were reported to the Parliament. The Committee would recall, however, that this Article refers to the introduction of systems for the examination of the effect of chemical, physical and biological agents on workers' health. Such systems would permit the analysis of new substances and would provide useful information for determining whether such substances should be used in the workplace and under what conditions. The Government is requested, therefore, to indicate the measures taken to introduce systems for the examination of the effect of these agents on workers' health.

Article 12(b) and (c). In its report for 1989, the Government referred to the enforcement carried out by labour inspectors. The Government is requested to indicate the safety and health standards used by inspectors as concerns the design, manufacture, import or transfer of machinery, equipment or substances. The Government is further requested to indicate how the state approval system functions so as to ensure that any machinery or substances which do not meet established standards cannot be used or imported.

Article 17. As the Government has not provided any information concerning the application of this Article, the Government is again requested to indicate the measures taken to ensure that whenever two or more undertakings engage in simultaneous activities at one workplace that they collaborate in applying the requirements of the Convention.

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

The Committee notes with interest the Government's communication dated 12 June 1992 concerning the creation of the National Council and the National Institute on Prevention and Health and Safety at Work by Decree No. 2.208 of 23 April 1992; it however notes with regret that no report has been received from the Government in response to the other issues raised by the Committee in its previous comments. The Committee, therefore, trusts that the Government will supply a detailed report in the very near future on the following points:

1. Article 4, paragraph 1, of the Convention. The Committee notes that the newly created National Council on Prevention and Health and Safety at Work is, by virtue of section 8 of the Basic Act of 1986 on prevention, working conditions and the working environment, authorized to draw up national policy with respect to working conditions and working environment as concerns the prevention of workers' health, safety and welfare and is responsible for overseeing the observance of all the standards contained in the Act and the regulations issued thereunder. It further notes the Government's indication in its letter of 12 June 1992 that progress is being made on the consolidated social security draft with a view towards ensuring the implementation of the provisions of the Basic Act. The Committee hopes that the Government will indicate the progress made in the revision of the consolidation of social security laws and the measures taken or envisaged in the draft to improve the application of the Basic Act.

2. With reference to its previous comments, the Committee hopes that the Government will indicate the manner in which the relationships between, on the one hand, the material elements of work and the persons who carry out or supervise the work and on the other, the adaptation of machinery, equipment, working time, organization of work and work processes to the physical and mental capacities of the workers (Article 5(b)) are taken into account in the national policy and the measures taken to provide for communication and cooperation at all levels (Article 5(d)). The Government is also requested to indicate the measures taken or envisaged to ensure that the functions elaborated in Article 11 of the Convention are carried out.

3. Article 8. In previous comments, the Committee noted that no new regulations had been issued to give effect to the national occupational safety and health policy called for under Article 4 of the Convention. It welcomes the creation of the National Council on Prevention and Health and Safety at Work which appears to have the authority for elaborating the regulations necessary to the implementation of the national occupational safety and health policy. The Government is requested to indicate any laws or regulations adopted or under consideration to give effect to the national occupational safety and health policy.

4. The Committee is raising a number of other points in a request addressed directly to the Government.

[The Government is requested to report in detail for the period ending 30 June 1993.]

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

With reference to its observation, the Committee requests the Government to provide further information on the following points:

Article 11. In its report for 1989, the Government made reference to a text concerning instructions on technical criteria and procedures for the control and handling of toxic, dangerous or radioactive substances which was not transmitted to the Office. The Government is requested to provide a copy of this document with its next report.

Article 11(f). The Government referred in its report for 1989 to annual statistics which were reported to the parliament. The Committee would recall, however, that this Article refers to the introduction of systems for the examination of the effect of chemical, physical and biological agents on workers' health. Such systems would permit the analysis of new substances and would provide useful information for determining whether such substances should be used in the workplace and under what conditions. The Government is requested, therefore, to indicate the measures taken to introduce systems for the examination of the effect of these agents on workers' health.

Article 12(b) and (c). In its report for 1989, the Government referred to the enforcement carried out by labour inspectors. The Government is requested to indicate the safety and health standards used by inspectors as concerns the design, manufacture, import or transfer of machinery, equipment or substances. The Government is further requested to indicate how the state approval system functions so as to ensure that any machinery or substances which do not meet established standards cannot be used or imported.

Article 17. As the Government has not provided any information concerning the application of this Article, the Government is again requested to indicate the measures taken to ensure that whenever two or more undertakings engage in simultaneous activities at one workplace, they collaborate in applying the requirements of the Convention.

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

The Committee notes the comments made by the Central Workers' Union of Venezuela. It regrets that no communication has been received from the Government concerning the information provided by the CUTV.

1. Article 4, paragraph 1 of the Convention. In its previous comment, the Committee noted that the National Council on Prevention and Health and Safety at Work, provided for in section 8 of the Basic Act 1986 on prevention, working conditions and the working environment, had not yet been established. According to the information provided by the CUTV, there has still been no progress made in this regard. The Committee had observed that the main objective of this Convention was to promote a coherent, national policy to better respond to the difficulties encountered in the workplace in respect of safety and health. Under section 8 of the Basic Act, the basic purposes of the National Council on Prevention and Health and Safety at Work are to draw up a national policy in the fields of working conditions and the working environment in regard to prevention and to workers' health, safety and welfare and to see to the observance of all the standards contained in the Act and the regulations issued under it. Section 10 of the Act sets forth the broad powers of the National Council and absent the effective exercise of these powers, many of the provisions of the Convention would not be applied in practice. The Committee trusts that the Government will take the necessary steps to create the National Council provided for in the Basic Act so that the national occupational safety and health policy may be elaborated and in consultation with the most representative workers' and employers' organisations.

2. In its previous comments, the Committee requested the Government to indicate the manner in which, through the National Council, Article 5 (b) and (d), Article 7 and Article 11 of the Convention were implemented. The Committee hopes that the National Council will be established in the near future and that, when formulating the national occupational safety and health policy, it shall take account of the relationships between the material elements of work and the persons who carry out or supervise the work and the adaptation of machinery, equipment, working time, organisation of work and work processes to the physical and mental capacities of the workers (Article 5 (b)) and shall provide for: communication and co-operation at all levels (Article 5(d)); review of the situation regarding occupational safety and health at appropriate intervals (Article 7); and shall ensure that the functions elaborated in Article 11 of the Convention are carried out.

3. Article 8. In its previous comment, the Committee noted that no new regulations had been issued to give effect to the national occupational safety and health policy called for under Article 4 of the Convention. It emphasised that the creation of the National Council on Prevention and Health and Safety at Work and the development of a national occupational safety and health policy and measures for its implementation, as called for by section 8 of the Basic Act, would be necessary to fulfil the purpose in the Act to guarantee conditions of safety, health and welfare to workers in a working environment which is favourable to the exercise of their physical and mental facilities. The Government was requested to indicate the progress made towards creating the National Council and elaborating the regulations necessary for the implementation of the national occupational safety and health policy. As apparently no progress has been made, the Committee urges the Government to take the necessary measures to establish the National Council and thus ensure the elaboration of a national occupational safety and health policy and any measures necessary for its elaboration.

4. The Committee is raising a number of other points in a request addressed directly to the Government.

[The Government is requested to report in detail for the period ending 30 June 1992.]

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes the information supplied in the Government's report and requests the Government to provide additional information on the following points.

Article 4, paragraph 1, Article 5(b) and (d), Article 7 and Article 11(e) of the Convention. The Committee notes from the Government's report that the National Council on Prevention and Health and Safety at Work, provided for in section 8 of the Basic Act of 1986 on prevention, working conditions and the working environment, has not yet been established. The Committee refers to its general observation of 1990 in which it noted that progress towards the development of national occupational safety and health policies is slow. The main objective of the Convention, however, is precisely the promotion of a coherent, national policy better to respond to the difficulties encountered in the workplace in respect of safety and health. The Government is requested, therefore, to indicate the steps taken toward creating a National Council as provided for in the Basic Act with the task of developing a national occupational safety and health policy.

Article 8. The Committee notes that section 8(b) of the Basic Act of 1986 on prevention, working conditions and the working environment provides that the National Council on Prevention and Health and Safety at Work shall ensure observance of all the standards contained in the Act and in the regulations issued under it. Section 15(1)(i) of the Basic Act empowers the National Institute of Prevention and Health and Safety at Work to make suggestions to the Council regarding standards which should be issued in support of the mechanisms for putting the policy it formulates into practice. Section 41 of the Basic Act provides that the Regulations on Industrial Health and Safety in force at the time of adoption of the Act shall govern matters concerning the protection of the health, safety and welfare of workers until new regulations are issued under the present Act. The Committee notes that no new regulations have been issued under the Act to give effect to the national policy concerning working conditions and working environment to be elaborated by virtue of section 8(a) of the Basic Act. It would once again emphasise that the creation of the National Council on Prevention and Health and Safety at Work and the development of a national occupational safety and health policy and measures for its implementation, as called for by section 8 of the Basic Act, appear necessary to fulfil the purpose in the Act to guarantee conditions of safety, health and welfare to workers in a working environment which is favourable to the exercise of their physical and mental facilities, as stated in section 1 of the Basic Act. The Government is requested to indicate the progress made towards creating the National Council and establishing the regulations necessary for the implementation of the national occupational safety and health policy called for by the Basic Act.

Article 11. The Government made reference in its report to a text concerning instructions on technical criteria and procedures for the control and handling of toxic, dangerous or radio-active substances which was not transmitted to the Office. The Government is requested to provide a copy of this document with its next report.

Article 11(f). The Government has referred in its report to annual statistics which are reported to the Parliament. The Committee would recall, however, that this Article refers to the introduction of systems for the examination of the risks which chemical, physical and biological agents pose to workers' health. Such systems would permit the analysis of new substances and would provide useful information for determining whether such substances should be used in the workplace and under what conditions. The Government is requested, therefore, to indicate the measures taken to introduce systems for the examination of the risks which these agents pose to workers' health.

Article 12(b) and (c). The Government has referred in its report to the enforcement carried out by occupational safety and health inspectors. The Government is requested to indicate the safety and health standards used by inspectors as concerns the design, manufacture, import or transfer of machinery, equipment or substances. The Government is further requested to indicate how the state approval system functions so as to ensure that any machinery or substances which do not meet established standards cannot be used or imported.

Article 17. As the Government did not provide any information in its latest report concerning the application of this Article, the Government is again requested to indicate the measures taken to ensure that whenever two or more undertakings engage in simultaneous activities at one workplace, they collaborate in applying the requirements of the Convention.

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

The Committee notes with regret that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters which were raised in its previous direct request:

The Committee has examined the Government's first report and would be grateful if the Government would provide in its next report additional information on the following points:

Article 4, paragraph 1, of the Convention. Whether the national policy on working conditions and the working environment in regard to prevention and to workers' health, safety and welfare has been drawn up by the National Council pursuant to section 8 of the Basic Act of 1986 on prevention, working conditions and the working environment and whether it has been implemented.

Article 5(b). How the above-mentioned national policy takes into account the adaptation of the organisation of work and work processes to the physical and mental capacities of the workers.

Article 5(d). Whether, pursuant to section 10(4) of the above-mentioned Basic Act, the National Council has elaborated a methodology for interaction and co-ordination with the relevant public and private bodies.

Article 7. What provisions have been made to ensure that the above-mentioned national policy is reviewed in order to identify any problems, establish or change priorities of action and evaluate the results of the policy.

Article 8. Whether any regulations have been issued pursuant to the above-mentioned Basic Act.

Article 11(b). How health hazards due to simultaneous exposure to several substances or agents are taken into consideration in the establishment of controls on substances and agents.

Article 11(d). How the holding of inquiries is ensured where cases of occupational accidents, occupational diseases or any other injuries to health appear to reflect situations which are serious.

Article 11(e). Whether information is published annually on the measures taken in pursuance of the above-mentioned policy. Please communicate copies of the relevant documents.

Article 11(f). Whether any systems have been introduced or extended to examine chemical, physical and biological agents in respect of health risks to workers.

Article 12(b) and (c). What measures have been taken to ensure that those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use make available information concerning their installation, their use and their hazards and dangerous properties as well as instructions on how hazards are to be avoided; and that they stay abreast of scientific knowledge.

Article 17. How effect is given to this provision, which provides that whenever two or more undertakings engage in simultaneous activities at one workplace, they shall collaborate in applying the requirements of the Convention.