Demande directe (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Paraguay

Convention (n° 115) sur la protection contre les radiations, 1960 (Ratification: 1967)
Convention (n° 119) sur la protection des machines, 1963 (Ratification: 1967)
Convention (n° 120) sur l'hygiène (commerce et bureaux), 1964 (Ratification: 1967)

Previous comments: C.115, C.119 and C.120

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health, the Committee considers it appropriate to examine Conventions Nos 115 (radiation protection), 119 (guarding of machinery) and 120 (hygiene (commerce and offices)) together.

Legislation and national policy on occupational safety and health. The Committee notes that the Government indicates the adoption of the following legislation: (i) Act No. 5804/17, which establishes the national system for the prevention of occupational hazards; (ii) Decision No. 03/2022 of the Ministry of Labour, Employment and Social Security (MTESS), which regulates the content and frequency of the mandatory health examinations for recruitment and periodical health examinations of workers, and other aspects related to occupational safety and health, in accordance with Decree No. 5078/2021 of 5 April 2021; and (iii) MTESS Decision No. 359/16, which regulates the procedure for the registration of professionals performing duties in the area of occupational safety and health, and which establishes the related categories, requirements and penalties. The Committee also notes the Government’s indications in its report that the MTESS and the Ibero-American Social Security Organization forged a strategic alliance through the signature of a memorandum of understanding to develop and apply a national occupational safety and health policy, and provide quality specialization training for inspectors from the MTESS.

Application in practice of Conventions Nos 115, 119 and 120. The Committee notes the Government’s indications that, during the COVID-19 pandemic, in 2020, 9,733 inspections were carried out in enterprises for the enforcement of compliance with occupational safety and health standards in the 17 departments of the country. The Government also indicates that, during the first half of 2021, the General Directorate of Labour Inspection and Monitoring, under the Annual Management Plan, carried out 94 inspections in enterprises, delivered 450 notifications to enterprises for the preventive enforcement of compliance with existing legal standards, and 969 checks on compliance with the health protocols and health provisions in force within the context of the COVID-19 pandemic. The Committee also notes the Government’s indications that a series of courses and seminars on occupational safety and health were delivered to inspectors, regional directors of the MTESS and occupational safety and health officers, and an event on the promotion of a safe and healthy working environment as a fundamental principle at work was held in June 2023. The Committee requests the Government to provide information on the application in practice of the ratified Conventions on occupational safety and health, including the number and cause of occupational accidents and diseases reported, and information on the inspection activities carried out, including the number of investigations and inspections conducted and the number of offences detected and the penalties imposed, including in commerce and offices.

A. Protection against specific risks

Radiation Protection Convention, 1960 (No. 115)

Articles 1, 3(1) and (2), and 6 of the Convention. Measures to ensure the effective protection of workers against ionizing radiations in the light of current knowledge. Revision of the maximum permissible doses of ionizing radiation. Consultations with the social partners. The Committee notes that the Government indicates in its report the adoption of the Basic Regulations on radiation protection and safety of ionizing radiation sources, by means of Decision No. 006/2016 of the Board of Directors of the Radiological and Nuclear Regulatory Authority (D-ARRN), which was amended by D-ARRN Decision No. 26/2016 of 22 September 2016. The Committee notes the Government’s reference to sections 73 to 85 of the Regulations concerning maximum permissible doses of ionizing radiation. In this regard, the Committee notes that the following limits are in line with the exposure limits recommended by international bodies: (i) with regard to the dose limits for the occupational exposure of workers aged over 18: (a) an effective average dose of 20 mSv per year within a period of five consecutive years, with a total of 100 mSv during the five years; (b) an effective dose of 50 mSv in a single year; (c) an equivalent dose to the lens of the eye of 20 mSv in a year; and (d) an equivalent dose to the extremities (hands and feet) and to the skin of 500 mSv in a year (section 75 of the Regulations); and (ii) concerning students aged between 16 and 18 years who require the use of ionizing radiation in the course of their studies: (a) an effective dose of 6 mSv in a year; (b) an equivalent dose to the lens of the eye of 20 mSv in a year; and (c) an equivalent dose to the extremities (hands and feet) or the skin of 150 mSv in a year (section 77 of the Regulations). Regarding the limits for emergency workers, pregnant or breastfeeding workers, and workers who are not directly engaged in radiation work, the Committee refers to Articles2, 6 and 8 below. With reference to its comments on Articles 2, 6 and 8, the Committee requests the Government to provide information on the updating of the maximum permissible doses of ionizing radiations established in the Basic Regulations on radiation protection and safety of ionizing radiation sources in the subsequent years, based on the development of new knowledge, and in consultation with the social partners.

Article 2. Activities involving exposure of workers to ionizing radiation in the course of their work. Emergency workers. The Committee notes that, while section 73 of the Basic Regulations on radiation protection and safety of ionizing radiation sources establishes special limits for exceptional circumstances, it does not provide a definition of those circumstances. The Committee notes that section 74 of the Regulations provides that the dose limits established in the Regulations only apply to planned exposure, with the exception of medical exposure and existing exposure. With reference to paragraphs 36 and 37 of its General Observation of 2015, the Committee requests the Government to provide information on the measures adopted or envisaged to: (i) establish the circumstances constituting an emergency; (ii) guarantee that the reference levels selected are within the 20–100 mSv band or, where possible, below that band; and (iii) ensure that no emergency worker is subject to an exposure in an emergency in excess of 50 mSv.

Article 6. Maximum permissible doses of ionizing radiation for pregnant and breastfeeding workers. The Committee notes that section 87 of the Basic Regulations on radiation protection and safety of ionizing radiation sources provides that, once pregnancy is declared, working conditions must be such that it is highly improbable that the individual equivalent dose to the surface of the abdomen exceeds 2 mSv. The Committee recalls that the methods of protection at work for pregnant workers should provide a level of protection for the embryo/foetus broadly similar to that provided for members of the public, which is 1 mSv, and that, once an employer has been notified of the pregnancy of a worker, additional controls must be considered in order to attain this level of protection for the embryo/foetus. Furthermore, in order to ensure the same level of protection for breastfed infants, the same principle must apply to breastfeeding workers (paragraph 12 of the General Observation of 2015). However, the Committee observes that section 87 of the Regulations does not mention breastfeeding workers. With reference to paragraph 12 of its General Observation of 2015, the Committee requests the Government to provide information on the measures adopted or envisaged to ensure an annual dose limit of ionizing radiation of 1 mSv for pregnant and breastfeeding workers.

Article 8. Maximum permissible doses of ionizing radiation for workers who are not directly engaged in radiation work. The Committee notes that section 78 of the Basic Regulations on radiation protection and safety of ionizing radiation sources establishes the estimated average doses for relevant critical groups of members of the public, which are in accordance with the recommendations of the International Commission on Radiological Protection, but does not provide for anything on workers who are not directly engaged in radiation work. With reference to paragraph 35 of its General Observation of 2015, the Committee requests the Government to indicate whether the dose limits established for relevant critical groups of members of the public in section 78 of theBasic Regulations on radiation protection and safety of ionizing radiation sources include workerswho are not directly engaged in radiation work and, if not, to specify the limits established for this category of workers.

Article 14. Employment involving exposure to ionizing radiation contrary to medical advice. Further to its previous comments, the Committee notes the Government’s indications in its report that section 8 of Decree No. 7550/2017, which regulates Act No. 5508, of 28 October 2015, on the promotion and protection of maternity and support for breastfeeding, establishes that, during pregnancy, workers who are regularly engaged in work considered by the competent authority as harmful to their health shall be reassigned, with no reduction in their remuneration, to other work that is not detrimental to their condition. In addition, the Committee notes that, while the Government also refers to section 60 of the Basic Regulations on radiation protection and safety of ionizing radiation sources, it does not provide that workers must not be assigned to work that may expose them to ionizing radiation contrary to qualified medical advice. The Committee also notes that section 96 of the aforementioned Regulations sets out the obligation to make appropriate arrangements or agreements to provide occupational medical surveillance in accordance with the provisions established by the Radiological and Nuclear Regulatory Authority and the recommendations of the International Atomic Energy Agency on this matter. While it notes the information provided by the Government on pregnant workers, the Committee requests the Government to provide information on the measures adopted or envisaged to ensure that no workers shall be employed, or shall continue to be employed, in work that may expose them to ionizing radiation contrary to qualified medical advice.

Guarding of Machinery Convention, 1963 (No. 119)

Articles 2 and 4 of the Convention. Prohibition of the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards. Noting the lack of information provided by the Government in its report, the Committee requests it to provide information on the measures adopted or envisaged to ensure that the sale and hire of machinery of which the dangerous parts are without appropriate guards are prohibited by national legislation or are prevented by other equally effective measures. The Committee also requests the Government to provide information on the measures adopted or envisaged to ensure that the persons included in Article 4 of the Convention apply Article 2 of the Convention.

B. Protection in specific branches of activity

Hygiene (Commerce and Offices) Convention, 1964 (No. 120)

Article 6 of the Convention.Adequate inspection services.With reference to the previous request of the Committee on inspections and application in practice, the Committee notes the information provided and refers to its comments above on the application in practice of the ratified Conventions.