Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

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

The Committee notes the joint observations on the application of the Convention sent by the Confederation of Workers of Venezuela (CTV), the General Confederation of Workers (CGT), the Federation of University Teachers’ Associations of Venezuela (FAPUV), the National Union of Workers of Venezuela (UNETE), the United Federation of Workers of Venezuela (CUTV), the Confederation of Autonomous Trade Unions (CODESA), and the Independent Trade Union Alliance Confederation of Workers (CTASI); received on 31 August 2024. The Committee requests the Government to provide its comments in this respect.

Articles 4, 5(d), 7 and 8 of the Convention. Implementation and periodic review of a coherent national policy on occupational safety and health and the working environment, and measures to give effect to the national policy in consultation with the most representative employers’ and workers’ organizations concerned. Further to its previous comments, the Committee notes with regret that the Government has not provided any information on the measures taken to ensure the holding of consultations with the most representative employers’ and workers’ organizations concerned regarding the implementation and periodic review of national policy relating to occupational safety and health (OSH) or on the steps taken to ensure that the situation regarding OSH and the working environment is reviewed at appropriate intervals. The Committee also notes the Government’s indication that it is currently implementing the “Pedro Pascual Abarca” comprehensive action plan with the goal of reinforcing the development of national OSH policy and boosting the management of the National Institute for Occupational Safety, Health and Prevention (INPSASEL), the body responsible for implementing national policy. The Government adds that the comprehensive action plan involves the participation of the Bolivarian councils of prevention delegates and OSH committees, which are composed of employers and workers form the various labour entities. The Government also indicates that activation of the management of INPSASEL at its central and regional offices has included training activities through the national training plan, the improvement of manuals of procedures for better application of the regulations in force and the conclusion of inter-institutional agreements on technical and scientific matters with public entities, including the agreement with the state enterprise Petróleos de Venezuela SA (PDVSA), the purpose of which is to establish cooperation mechanisms for promoting and reinforcing occupational safety in the petroleum industry.

The Committee also notes the joint observations of the CTV, CGT, FAPUV, UNETE, CUTV,CODESA and CTASI alleging that: (i) the most representative employers’ and workers’ organizations were not consulted regarding the implementation of national OSH policy or on its periodic review; (ii) collective labour agreements in the public administration which include clauses on OSH have not been observed and there are no negotiations to update these agreements, and so the workers have been totally neglected in this matter, including with regard to cases of occupational disease; and (iii) INPSASEL needs to expand training activities for prevention delegates and staff who form part of OSH committees. The Committee urges the Government to hold consultations without delay with the most representative employers’ and workers’ organizations concerned on the implementation and periodic review of national OSH 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 those consultations. The Committee once again requests the Government to provide information on the measures taken to ensure that the situation regarding occupational safety and health and the working environment, in particular in the petroleum, gas, electricity, cement, steel and healthcare sectors, is reviewed at appropriate intervals, as well as information on the outcome of this review, including the main problems identified, measures for 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. The Committee notes with regret that the Government has not replied to its previous comments. It also notes with concern the indications of the CTV, CGT, FAPUV, UNETE, CUTV, CODESA and CTASI in their joint observations referring to the persecution and arbitrary detention of persons who have reported various defects in OSH conditions. The Committee urges the Government to take steps without delay to ensure the full protection of workers and their representatives from disciplinary measures as a result of actions justifiably taken by them in conformity with national OSH policy in accordance with Article 5(e) of the Convention, and to provide information on the measures taken in this regard. Furthermore, with reference to its previous comments and the observations from the workers organizations, the Committee once again urges the Government to examine without delay, together with the trade union organizations concerned, the situation of the trade union leaders who have been adversely affected, with a view to ensuring full conformity with Article 5(e) of the Convention, and to provide information on the outcome of this examination and the measures taken as a result.

Articles 6 and 15. Functions and responsibilities and coordination between the various authorities and bodies. Further to its previous comments, the Committee notes with regret that the Government has not provided any information on the steps taken to ensure that the National Council for Occupational Safety and Health becomes operational, or on the consultations held with the most representative employers’ and workers’ organizations to ensure the necessary coordination between the various authorities and bodies responsible for giving effect to the provisions of the Convention.

The Committee also notes the joint observations of the CTV, CGT, FAPUV, UNETE, CUTV, CODESA and CTASI alleging that: (i) the tripartite National Council for Occupational Safety and Health, tasked with establishing guidelines to ensure the implementation of national OSH policy and the functioning of the bodies responsible for such implementation, is not operational; and (ii) the Government has so far acted unilaterally, without consulting the social partners in the formulation and implementation of national OSH policy.

The Committee further notes the information provided by the Government on the setting up of the Bolivarian councils of prevention delegates composed of workers’ representatives from the various sectoral, regional and municipal labour bodies. The Committee observes that the Bolivarian prevention delegate councils indeed do not act as a central body for the coordination of measures to be applied under national OSH policy but that their functions include the formulation, implementation and evaluation of the OSH programme, coordination with the OSH service and committee of periodic inspections in workplaces , processing of workers’ requests and complaints relating to OSH and monitoring of compliance with agreements concluded in this area among others,(sections 64 and 65 of Technical Standard No. 05 of 2024 on prevention delegates). The Committee therefore once again requests the Government to take the necessary steps without delay to ensure that the National Council for Occupational Safety and Health, established under section 36 of the Basic Act on prevention, conditions of work and the working environment (LOPCYMAT) of 2005, becomes operational. The Committee also once again urges the Government to provide information on the steps taken to ensure the necessary coordination between the various authorities and bodies tasked with giving effect to the provisions of the Convention, and also on consultations held with the most representative employers’ and workers’ organizations regarding these measures and on their outcome.

Article 11(d). Holding of inquiries where cases of occupational accidents appear to reflect serious situations. Application of the Convention in practice. Occupational safety and health situation in the electricity, petroleum, gas, cement, steel and healthcare sectors. Further to its previous comments, the Committee notes the Government’s indication that: (i) INPSASEL is currently investigating occupational accidents reported by labour entities or the workers affected in the electricity, petroleum, cement and healthcare sectors; and (ii) with regard to establishing criminal liability on the part of employers in relation to occupational accidents, prosecution offices Nos 63 and 78 with national competence were established, reporting to the Public Prosecutor’s Office. The Government also provides information on the number of occupational accidents reported to INPSASEL by employers, disaggregated by year, in the petroleum, gas, cement and electricity sectors. In this regard, the Committee notes that between 2008 and March 2024 there were 14,743 occupational accidents in the petroleum and gas sectors, 7,840 accidents in the cement sector and 7,440 accidents in the electricity sector.

The Committee also notes with concern the indications of the CTV, CGT, FAPUV, UNETE, CUTV,CODESA and CTASI in their joint observations denouncing the following incidents: (i) in the petroleum and gas sector, six workers were injured and one died after an explosion at the state-owned Venezuelan Gas Industry plant in April 2023, which occurred because workers were put to work without adequate safety conditions; (ii) in the electricity sector, the Government’s failure to address the situations described in their observations of 2022 continues to cause accidents. Workers are obliged to deal with power cuts without appropriate safety equipment in the wake of explosions and fires in power stations resulting from their deterioration or being abandoned; this led to the fatal electrocution of a National Electricity Corporation worker in August 2024 while undertaking operations to restore the service without safety equipment; (iii) in the steel sector, a worker at the Corporación Venezolana de Guayana Ferrominera Orinoco died in November 2022 because of unsafe working conditions, a situation which had been reported previously to INPSASEL by members of the workers’ parliament of Guayana; and (iv) in the healthcare sector, according to a 2023 study carried out by the Venezuelan Trade Union Network, 62 per cent of health centres lack sufficient utensils for cleaning and disinfection, which poses a danger to health; 54 per cent of assistance centres do not have sufficient protective equipment for healthcare personnel, which exposes operators to possible infection; and 76 per cent of workers in healthcare centres are not treated with dignity at their workplace. Lastly, the above-mentioned organizations allege that no dialogue forum has been established with them and that there is no information on investigations into accidents as requested by the Committee. The Committee therefore once again urges the Government to establish without delay a forum for dialogue with the most representative workers’ organizations in order to discuss the necessary measures to be taken in relation to OSH conditions in the petroleum, gas, electricity, cement, steel and healthcare sectors, and to provide information on the measures taken as a result. The Committee also once again requests the Government to provide information on the investigations carried out by INPSASEL and prosecution offices Nos 63 and 78 into serious, very serious and fatal accidents in the electricity, petroleum, cement and healthcare sectors to which the Committee referred in its previous comment, and on serious, very serious and fatal accidents which have occurred to date.

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