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), 120 (hygiene in commerce and offices), 127 (maximum weight), 139 (occupational cancer) and 155 (occupational safety and health) in a single comment.

The Committee notes the joint observations on the application of Convention No. 155 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 Independent Trade Union Alliance Confederation of Workers (CTASI), received on 31 August 2024.

Application in practice of Conventions Nos 13, 120, 127, 139 and 155. National situation with regard to OSH. The Committee notes the information provided by the Government in its report on the number of occupational accidents classified according to their degree of seriousness, the number of occupational diseases with an indication of their causes, as well as the number of investigations and inspections carried out and the number of penalties imposed in relation to OSH. In this regard, the Committee observes that: (i) the number of investigations into occupational accidents and suspected cases of occupational disease decreased from 4,720 in 2022 to 736 in 2023; (ii) the number of inspections conducted between 2022 and June 2024 in the gas and electricity sector was 45 and the number of inspections carried out in the commerce sector was 24,924; and (iii) the Government has not provided any information on the number of inspections conducted in the petroleum, steel and cement sectors.

The Committee also notes the joint observations of the CTV, CGT, FAPUV, UNETE, CUTV,CODESA and CTASI claiming that: (i) labour inspections carried out by the National Institute for Occupational Safety, Health and Prevention (INPSASEL) in the public and private sectors are insufficient in terms of both quantity and quality; (ii) no inspections are carried out in strategic state enterprises in the petroleum, gas, electricity, steel, petrochemical and mining sectors; (iii) prevention delegates have reported that some labour entities belonging to foreign investors are not inspected because of their links to the Government; and (iv) work equipment that forms an intrinsic part of hazardous processes in industry, including boilers and steam vessels, pressure equipment, forklifts and elevators, have been excluded from the INPSASEL inspection system, leaving workers exposed to danger in the event of an equipment malfunction. With reference toits comments on the Labour Inspection Convention, 1947 (No. 81), the Committee urges the Government to intensify its efforts as regards carrying out labour inspections in all sectors of the economy. It also requests the Government to continue providing information on the application in practice of ratified Conventions on OSH, including the number, nature and cause of notified occupational accidents and diseases, and also information on inspection activities, including the number of investigations and inspections conducted, the number of violations detected and the penalties imposed.

General provisions

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

The Committee notes the information provided by the Government in reply to its previous request relating to Article 5(a) and (b) of the Convention (testing of the material elements of work and adaptation of the work environment to the workers).

Article 11(c). Establishment and application of procedures for the notification of occupational accidents and diseases. Further to its previous comments, the Committee notes the information provided by the Government on the number of occupational accidents and diseases reported to INPSASEL by employers, disaggregated by year and sector of economic activity. In this regard, the Committee notes that the largest number of occupational accidents and diseases reported occurred in the sectors of manufacturing, construction, transport, mining and quarrying, healthcare, agriculture, electricity, gas and water.

With regard to the Committee’s previous request regarding the time limits for issuing certificates of occupational disease, the Government indicates that under section 60 of the 1981 Basic Act on administrative procedures, the processing and conclusion of files cannot exceed four months, unless there are exceptional reasons whose existence must be recorded with an indication of the agreed extension, which cannot exceed two months. The Committee notes that, according to the information provided by the Government on the number of certificates of occupational disease issued each year between 2018 and 2024, the number of certificates issued has decreased sharply, from 2,750 in 2018 to 546 in 2022 and 351 in 2023. The Committee requests the Government to continue providing information on the number of occupational accidents and diseases reported each year in the various sectors of the economy. It also requests the Government to provide information on the reasons for the significant decrease in the number of certificates issued, the steps taken to ensure the effective issuing of certificates of occupational disease, and on the number of certificates issued each year.

Article 11(e). Annual publication of information on measures taken pursuant to the policy on occupational safety and health and the working environment, and on occupational accidents and diseases. The Committee notes the joint observations of the CTV, CGT, FAPUV, UNETE, CUTV, CODESA and CTASI alleging that: (i) there is no annual publication of statistics relating to occupational accidents and diseases; and (ii) measures are needed to enable the Government to present this information annually since its publication enables the social partners to contribute to the formulation of national OSH policy. The Committee therefore once again requests the Government to take the necessary steps to ensure the annual publication of information on measures taken pursuant to the national OSH policy and on occupational accidents, occupational diseases and other injuries to health, in accordance with Article 11(e) of the Convention, 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. The Committee notes the Government’s indication, in reply to its previous comments, that by Administrative Order No. CJ-0037 of 2022, the Coordinating Office for Machinery, Equipment and Tools, attached to the INPSASEL Safety and Health Office, was established, with the role of examining, evaluating and monitoring the design, manufacture, installation, operation and inspection of boilers (section 1). It also notes that the above-mentioned Coordinating Office has to ensure compliance with universally accepted technical and scientific standards and criteria relating to health, hygiene, ergonomics and safety to ensure that workers in work entities containing boilers are assured the highest degree of physical and mental health (sections 2 and 3). The Committee requests the Government to continue providing information on the obligations of persons who design, manufacture, import, provide or transfer machinery or equipment other than boilers, in accordance with Article 12(b) and (c).

Protection against specific risks

Maximum Weight Convention, 1967 (No. 127)

Article 8 of the Convention. Application of the Convention. Further to its previous comments, the Committee notes the Government’s indication that the number of cases of occupational disease relating to musculoskeletal disorders (including cervicalgia, inguinal and umbilical hernia, and lumbago) recorded between 2017 and March 2024 dropped significantly by comparison with the number of cases recorded in the 2009-14 period (947 and 13,162 cases, respectively). It also notes that between 2017 and March 2024 a reduction was seen in the number of notified cases of occupational diseases relating to this type of disorder. For example, in 2017 a total of 542 cases were notified, while only four cases were notified in 2021.

The Committee also notes the information provided by the Government on measures for the prevention of occupational diseases related to the manual handling of loads, including the provision of information and training for workers and the establishment of criteria, guidelines and procedures for the manual handling, lifting and moving of loads. With reference to its comments on Article 11(c) of the Occupational Safety and Health Convention, 1981 (No. 155), the Committee once again 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 provide information on the reasons for the significant decrease in the number of notified occupational diseases. Lastly, the Committee requests the Government to continue providing information on the impact of training activities on the number of cases of occupational disease related to this type of risk recorded by year and sector of activity.

Occupational Cancer Convention, 1974 (No. 139)

Article 1 of the Convention. 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 the Government’s reference, in reply to its previous comments, to Venezuelan COVENIN Standard No. 2253 of 2001 (“Permissible ambient concentrations of chemicals in workplaces and biological exposure indices”), which classifies chemicals in five categories according to their degree of carcinogenicity, with category A1 corresponding to confirmed carcinogenic substances and category A5 to non-carcinogenic chemicals (Annex A).

In this regard, the Government indicates that in order to establish the list of substances which are subject to authorization and control because of their nature, toxicity or physical-chemical condition, account is taken of the list of carcinogenic substances issued by 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 has not provided the list of carcinogenic substances which are subject to authorization or control. As regards the periodic review of the list of carcinogenic substances, the Government indicates that the IARC list and updates are adopted. The Committee once again requests the Government to send a copy of the legislation through which the list is established of carcinogenic substances to which exposure in the workplace is subject to authorization or control, in line with the list of carcinogenic substances issued by the IARC.

Article 2(1). Obligation to replace carcinogenic substances and agents by non-carcinogenic substances or agents, or by less harmful substances and agents. Further to its previous comments, the Committee notes the Government’s indication that: (i) the order regarding the replacement of asbestos by the state-run petroleum and gas enterprise is in force; and (ii) since 2014, under the Barrio Nuevo, Barrio Tricolor Grand Mission, asbestos roofs are being replaced with various types of cement roofs throughout the country. The Committee requests the Government to send a copy of the relevant standard or regulation which provides for the replacement of asbestos by the state-run enterprise Petróleos de Venezuela SA (PDVSA) and to indicate in which sectors asbestos has been replaced under the above-mentioned provisions.The Committee also requests the Government to provide up-to-date information on the activity involving the replacement of asbestos roofs by cement roofs. The Committee further requests the Government to provide information on carcinogenic substances and agents other than asbestos which have been replaced or are being replaced with non-carcinogenic substances or agents, or with less harmful substances or agents.

Article 2(2). 1. Reduction to the minimum compatible with safety of the level of exposure of workers to ionizing radiation. Further to its previous comments, the Committee notes with interest that Venezuelan COVENIN Standard No. 2259 of 2023 (Ionizing radiation. Annual dose limits. Requirements), replacing COVENIN Standard No. 2259 of 1995, establishes the following limits for exposure to ionizing radiation: (i) for the lens of the eye, an annual equivalent dose of 20 mSv, averaged over five consecutive years, 100 mSv in five years and 50 mSv in any single year; (ii) for pregnant workers, during the period from conception to birth, an effective dose of 1 mSv received by the embryo/foetus; and (iii) for workers undergoing training in subjects related to ionizing radiation, an annual effective dose of 6 mSv and an annual equivalent dose of 150 mSv for hands and feet or the skin (paragraph 5.2). The Committee also notes that the Government reiterates that INPSASEL takes rigorous account of the application of the COVENIN standards which govern protection against ionizing radiation. The Committee notes this information, which addresses its previous request.

2. Exposure levels. The Committee notes that the Government has not responded to its request for information on progress made in the development of the matrix of occupational exposure to carcinogenic substances, to which the Government referred in its previous reports. The Committee once again requests the Government to provide information on the measures taken in this regard.

Article 3. Measures to protect workers against the risks of exposure to carcinogenic substances or agents. Further to its previous comments, the Committee notes the Government’s indication that the Ministry of People’s Power for Health (Health Ministry) and the Ministry of People’s Power for the Environment have developed strategies for the removal of asbestos. In this regard, the Committee notes that the applicable administrative technical procedure for the removal of asbestos and asbestos-containing materials provides that: (i) any process for the removal of asbestos or asbestos-containing materials must have prior authorization from the Health Ministry; (ii) to obtain authorization for the removal process, the head of the enterprise must indicate the personal protection measures which will be applied during the activities, indicating the type and level of protection and certification; and (iii) during the removal activities, both the area involved and adjacent areas must have been delimited beforehand through the placing of warning notices containing information on the risk to health that the substance presents. As regards the establishment of an appropriate system of records, the Committee notes that the Government has not replied to its request for information on the implementation in practice of a single registration system for hazardous substances under section 65 of the Basic Act on prevention, conditions of work and the working environment (LOPCYMAT) of 2005. The Committee requests the Government to continue providing information on the measures to protect workers from the risks of exposure to carcinogenic substances or agents, including benzene, asbestos and any other substance or agent with carcinogenic properties. The Committee also once again requests the Government to provide specific information on the implementation in practice of a single registration system for hazardous substances under the above-mentioned section 65.

Article 5. Measures to ensure that workers are provided with medical examinations. Further to its previous comments, the Committee notes that the Government has not provided any information on the number of medical examinations carried out on workers to assess their exposure or their state of health in relation to occupational hazards. The Committee therefore once again requests the Government to provide information on the number of medical examinations carried out on workers, both during and after employment, in accordance with Article 5 of the Convention.