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Otros comentarios sobre C115

Solicitud directa
  1. 2025
  2. 2015
  3. 2011
  4. 2006
  5. 2001
  6. 1997
  7. 1992

Other comments on C139

Observación
  1. 2025
Solicitud directa
  1. 2025
  2. 2016
  3. 2010
  4. 2005
  5. 2002
  6. 1998
  7. 1992
  8. 1988

Other comments on C155

Observación
  1. 2025
Solicitud directa
  1. 2025
  2. 2018

Other comments on C184

Observación
  1. 2025
  2. 2016
  3. 2013
  4. 2011
Solicitud directa
  1. 2025
  2. 2016
  3. 2013
  4. 2011
  5. 2010
  6. 2009

Other comments on C187

Observación
  1. 2025
Solicitud directa
  1. 2025
  2. 2018

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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 115 (radiation protection), 139 (occupational cancer), 155 (OSH), 184 (OSH in agriculture) and 187 (promotional framework for OSH) together.
The Committee notes the observations of the General Confederation of Labour of the Argentine Republic (CGT RA) on Conventions Nos 115, 139, 155, 184 and 187, received on 29 August 2025, the observations of the Confederation of Workers of Argentina (CTA Autonomous) on Conventions Nos 139, 155 and 187, received on 1 September 2025, and the observations of the Confederation of Workers of Argentina (CTA Workers) on Conventions Nos 155 and 187, received on 5 August 2021.
Representation made under article 24 of the ILO Constitution. The Committee notes that at its 349th Session (November 2023), the Governing Body declared receivable the representation made under article 24 of the ILO Constitution by the CTA Workers and the Trade Union Association of Subway and Light Rail Workers (AGTSyP) alleging non-observance by Argentina of the Labour Inspection Convention, 1947 (No. 81), and of Conventions Nos 139, 155 and 187, but not receivable in respect of the Protocol of 2002 to Convention No. 155. The Committee notes that the allegations contained in the representation relate to the application of Articles 2, 3, 4 and 5 of Convention No. 139, Articles 4, 6, 7, 8, 9, 10, 11, 13, 16 and 19 of Convention No. 155 and Articles 2, 3, 4 and 5 of Convention No. 187. Taking into account the pending follow-up to the recommendations of the tripartite committee on a previous representation on Conventions Nos 155 and 187 (see the following section), the Committee decides to suspend its examination of these Articles until the Governing Body adopts its report on the representation in respect only to subway and light rail workers.

Follow-up to the recommendations of the tripartite committee (representation made under article 24 of the ILO Constitution)

The Committee notes that in March 2022 the Governing Body approved the report of the tripartite committee set up to examine a representation made by the CTA Workers, the State Workers Association (ATE) and the Education Workers Union (UTE) under article 24 of the ILO Constitution (see GB.344/INS/16/6) on the application by Argentina of Conventions Nos 155 and 187. Noting that the tripartite committee requested the Committee of Experts to follow-up its recommendations, particularly in relation to the application of Articles 4 and 16 of Convention No. 155 and Article 3 of Convention No. 187, the Committee is examining these points in its comments below.

A. General provisions

The Committee notes the information provided by the Government in reply to its previous request in relation to Articles 19(b), (c), (d) and (e) and 20 of Convention No. 155 and Article 4(2)(d) of Convention No. 187, as well as Article 3(d) of the Protocol.

I. Action at the national level

Article 2(3) of Convention No. 187. Measures that could be taken to ratify relevant OSH Conventions of the ILO. With reference to its previous comments, the Committee notes that the Government reports the establishment of the Social Dialogue Commission for the Future of Work by Decision No. 225/2019 of the Ministry of Production and Labour to act as a national body for relations with the social partners with a view to appropriate compliance with ratified Conventions. The Government adds that the functions of the Standing Advisory Committee (CCP), established under section 40 of Act No. 24557 of 1995 on occupational risks (LRT), include putting forward proposals for amendments to the occupational risk legislation and the occupational safety and health system. In this regard, the Committee notes the indications in the CGT RA’s observations that the CCP does not have an institutional agenda or a work plan enabling it to carry out the necessary work sufficiently in advance to achieve consensus. The CTA Autonomous considers that the Government has no interest in engaging in consultations with employers’ and workers’ organizations for the periodical consideration of the measures that could be taken to ratify the relevant ILO OSH Conventions. The Committee requests the Government to provide its comments in this regard. It also requests the Government to provide further information on the measures adopted or envisaged for the periodical examination of the measures that could be taken to ratify relevant ILO OSH Conventions in consultation with the most representative organizations of employers and workers.

National policy

Article 4 of Convention No. 155 and Article 3 of Convention No. 187. 1. Implementation and periodic review of the national OSH policy. National preventive culture. With reference to its previous comments, the Committee notes the Government’s indication that the periodic review of the national OSH policy and the related consultations are carried out in the CCP within the framework of the examination of the preliminary draft Bill on the prevention of occupational risks, as envisaged in section 19 of Act No. 27348 of 2017 supplementing Act No. 24557 of 1995. The Committee also notes the indication by the CGT RA that the follow-up of national policies should be undertaken permanently in the CCP and once again refers to the absence of a set agenda and the insufficient frequency of work to follow-up and propose improvements to the national plan and programmes of action. The Committee further notes the concern expressed by the CTA Autonomous in its observations at the absence of a preventive culture and the lack of interest shown by the Government in recognizing and promoting the right to a safe and healthy working environment, and the ineffectiveness of the risk prevention system in reducing occupational injuries. In this regard, it considers that the system continues to be focused on financial compensation for the damages caused by employment accidents and occupational diseases, as occupational risk insurances do not report failures of compliance by employers out of the fear of losing them as clients. It adds that death rates continue to be high, even without taking into consideration undeclared workers. The CTA Autonomous also provides the following information on certain specific sectors: (i) occupational prevention and safety has deteriorated in the telecommunications sector, where there have been alarming figures for deaths and serious injuries caused by occupational accidents, and where workers are in precarious conditions, without adequate equipment and the imposition of productivity targets that are not commensurate with safety measures; and (ii) in commercial diving, where there are no prevention plans or policies that take into account the risks involved in professional diving. The Committee requests the Government to provide its comments in this respect. It also requests the Government to provide further information on the implementation and periodic review of the national OSH policy, in consultation with the most representative organizations of employers and workers, including information on the manner in which the informal economy is taken into account. It also requests the Government to provide information on the measures adopted or envisaged to promote and advance, at all relevant levels, the right of workers to a safe and healthy working environment, and to develop a national preventive OSH culture, including for the telecommunications sector and commercial diving.
2. Consultations with the social partners in essential sectors for OSH. The Committee also notes that, in light of the report of the tripartite committee set up to examine the representation referred to above within the context of the COVID-19 pandemic, consultations were held in the education sector and in institutions housing children and young persons, including through the establishment of an Institutional Coordination Board in August 2020. Information has not been provided on social dialogue bodies in the health sector. In this regard, the Committee notes that the tripartite committee welcomes the areas of dialogue already established and trusts that their work will continue, accompanied by the establishment of new dialogue bodies, where necessary, in accordance with the provisions of Article 4(1) of Convention No. 155 and Article 3(3) of Convention No. 187. Taking into account the conclusions of the tripartite committee, the Committee requests the Government to provide further information on the consultations held with the most representative organizations of employers and workers with a view to the periodic review of the national OSH policy, including in essential sectors for OSH, and particularly in crisis contexts.
Article 7 of Convention No. 155. Overall reviews or reviews of particular areas. With reference to its previous comments, the Committee notes the Government’s indication that the Second National Survey of Workers on Conditions of Employment, Work, Health and Safety was published in 2018. The Committee notes that the Survey includes information on the exposure of workers to psychosocial and environmental hazards, as well as physical, chemical, biological and ergonomic hazards. The Government also refers to the results of the survey carried out in the agricultural sector in 2013–14. The Committee requests the Government to continue providing information on the overall and sectoral examinations undertaken to review the OSH situation and the results obtained.

National system

Article 4(1) of Convention No. 187. National system. With reference to its previous comments, the Committee notes the Government’s indication that the Ministry of Human Capital, by decision No. 718/2024 of 15 November 2024, convened a meeting of the CCP to discuss the draft Bill on the prevention of occupational risks. The Committee notes the CGT RA’s indications in its observations that, within the framework of the draft Bill, the proposals include an improvement in OSH inspection, the updating of the schedule of occupational diseases, training at the various educational levels, a clearer definition of the scope of participation by trade union delegates and the inclusion of other sectors that are informal or with other forms of employment relations. The Committee requests the Government to continue providing information on the progress achieved in the adoption of the draft Bill on the prevention of occupational risks, including information on the meetings held on this subject in the CCP.
Article 4(3)(h) of Convention No. 187. Support mechanisms for a progressive improvement of OSH conditions in microenterprises, small and medium-sized enterprises and the informal economy. The Committee notes that both the CGT RA and the CTA Autonomous express concern in their observations at the high rate of informality in the country (over 45 per cent), which affects over 8 million workers, who are excluded from protection in relation to OSH. The CGT RA states that this situation has worsened as a consequence of recent policies and legislative changes and also considers that the creation of the category of self-employed workers with collaborators by Act No. 27742 of 2024 on the basis and starting points for the freedom of Argentinians raises problems in relation to the OSH coverage and care of such workers. It adds that, according to the information published by the Occupational Risk Supervisory Authority, over the past 15 months, 13,111 enterprises which registered workers (mainly SMEs) have disappeared, which has resulted in a reduction of 219,670 declared workers. The Committee requests the Government to provide its comments in this respect. It also requests the Government to provide information on the measures adopted or envisaged to include support mechanisms for a progressive improvement of OSH conditions in microenterprises, small and medium-sized enterprises and the informal economy.
Article 8 of Convention No. 155 and Article 4(3) of Convention No. 187. Consultation with representative organizations. With reference to its previous comments, the Committee notes the Government’s indication that consultations with representative organizations of employers and workers which are not members of the CCP, depending on the subject, are held within the framework of the Labour Commissions envisaged in Decision No. 770/2013 of the Occupational Risk Supervisory Authority creating the National Prevention Programme by Branch of Activity. In this regard, the Committee notes the indication by the CTA Autonomous in its observations that the CCP only provides for the full participation, with the right to speak and to vote, of the CGT, so that the CTA Autonomous only participates by invitation and without the right to vote, which undermines the legitimacy and effectiveness of the body. The Committee requests the Government to provide its comments in this respect. It also requests the Government to provide further information on the measures adopted or envisaged to give effect to Article 4 of Convention No. 155 in consultation with the representative organizations of employers and workers concerned.
Article 12 of Convention No. 155. Obligations of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. With reference to its previous comments, the Committee notes the Government’s indication that the wording of the draft Bill on the prevention of occupational risks will be advanced taking into account the current wording of section 6, which gives effect to the requirements set out in Article 12 of the Convention. The Committee notes the view expressed by the CGT RA in its observations that compliance with quality standards in relation to aspects of OSH protection is a cause of concern for trade unions in view of the liberation and deregulation of imports by the Government and the dismantling of the institutions responsible for supervising such matters, such as the National Institution of Industrial Technology and the National Medicaments, Food and Medical Technology Administration. The Committee requests the Government to provide its comments in this respect. It also requests the Government to provide information on the progress achieved in giving effect to Article 12 of Convention No. 155 in the context of the adoption of the draft Bill on the prevention of occupational risks.
Articles 13 and 19(f) of Convention No. 155. Imminent and serious danger. Protection of the worker from undue consequences. With reference to its previous comments, the Committee notes the Government’s reference to section 75 of Act No. 20,744 on the employment contract, which provides that the worker may refuse to perform the work, without any consequent loss or reduction in pay, on condition that there is an imminent danger of injury or, if the competent body has declared the workplace unhealthy, the employer has not undertaken the work or provided the elements required by that authority. The Committee recalls that Articles 13 and 19(f) of the Convention include situations which workers have reasonable justification to believe present an imminent and serious danger. The Committee requests the Government to provide information on the measures adopted or envisaged, including within the context of the adoption of the draft Bill on the prevention of occupational risks, to ensure the protection from undue consequences of any worker who considers it necessary to interrupt a work situation based on the belief, on reasonable grounds, that it presents an imminent and serious danger to her or his life or health.
Article 14 of Convention No. 155. Promoting the inclusion of OSH issues in education and training. With reference to its previous comments, the Committee notes the information provided by the Government on the OSH training path that will be proposed in the CCP based on Decision No. 267/2006 of the Federal Culture and Education Council. In addition, the Government reiterates that the draft Bill on the prevention of occupational risks promotes the inclusion of OSH issues in study plans at all levels of education and training. In this regard, the Committee notes the view expressed by the CGT RA in its observations that current adjustment policies, which include reductions in the financing of education at various levels, discourage the inclusion of OSH content at the various levels of education and training. The Committee requests the Government to provide its comments in this regard. It also requests the Government to provide further information on the measures adopted or envisaged to promote the inclusion of OSH issues at all levels of education and training, including within the context of the adoption of the draft Bill on the prevention of occupational risks.

National programme

II. Action at the enterprise level

Article 16(1) and (3). Requirement for employers to ensure that workplaces under their control are safe and without risk to health. Requirement to provide adequate protective clothing and equipment. The Committee notes that the tripartite committee set up to examine the representation referred to above recommends the Government to continue its efforts to ensure that, insofar as is reasonably practicable, workplaces in essential services are safe and without risk to the safety and health of workers, as required by Article 16(1) of Convention No. 155. The tripartite committee also recommends the Government to periodically review, in collaboration with the representative organizations of employers and workers concerned, the situation with regard to the provision of personal protective equipment (PPE) in the various sectors of essential services with a view to preventing, insofar as is reasonably practicable, the risk of accidents or adverse effects on the health of the workers concerned in the context of the COVID-19 pandemic, in accordance with Article 16(3) of Convention No. 155. The Committee also notes the view expressed by the CTA Workers in its observations that the government of the Autonomous City of Buenos Aires (CABA) did not fulfil its obligations of prevention and protection during the pandemic and that both the occupational risk insurance and the Subsecretariat of Labour ignored the complaints and claims made by the trade unions. In particular, it considers that the Government not only failed to provide PPE during the pandemic, but also that it has not been provided to workers in the health sector for years, and that the provision of washing facilities and changing rooms is not guaranteed in the hospitals for which the CABA is responsible. Taking into account the conclusions of the tripartite committee, the Committee requests the Government to provide information on the measures adopted or envisaged to ensure that, insofar as is reasonably practicable, in essential services: (i) workplaces are safe and without any risk to the safety and health of workers; and (ii) employers provide adequate protective clothing and equipment to prevent the risk of accidents or adverse effects on health.
Article 17 of Convention No. 155. Duty of collaboration between two or more enterprises engaging in activities simultaneously at one workplace. With reference to its previous comments, the Committee notes that the Government refers once again to section 3 of Act No. 19,587 of 1972 on occupational safety and health, which establishes the joint responsibility of the main employer for compliance with OSH provisions, and reiterates that the draft Bill on the prevention of occupational risks establishes the requirement for coordination and collaboration in the implementation of measures when two or more enterprises engage in activities simultaneously at one workplace. The Committee requests the Government to provide further information on the progress achieved in giving effect to Article 17 of Convention No. 155, including within the context of the adoption of the draft Bill on the prevention of occupational risks.
Article 21 of Convention No. 155. Cost of OSH measures. With reference to its previous comments, the Committee notes the Government’s statement that OSH measures do not involve any cost for workers in accordance with sections 8 and 9 of Act No. 19,587, which provide that every employer shall adopt and put into practice adequate safety and health measures to protect the life and safety of workers and other requirements. The Government also reiterates that the draft Bill on the prevention of occupational risks sets out the requirement for employers to provide adequate protective clothing and equipment, in accordance with the specific risk, at no cost to the worker (section 10(e)). The Committee notes the view expressed by the CGT RA that, although the current legislation requires the employer to provide safety equipment and the necessary measures for workers, the creation of new forms of work could transfer the cost to workers, thereby eliminating the duties of employers and the rights of workers. The Committee requests the Government to provide its comments in this respect. It also requests the Government to provide further information on the progress achieved in giving effect to Article 21 of Convention No. 155 in relation to all workers, including within the framework of the adoption of the draft Bill on the prevention of occupational risks.

III. Protocol to Convention No. 155

Article 4(a) of the Protocol. Provision of information to workers and their representatives concerning notified cases. With reference to its previous comments, the Committee notes the Government’s indication that the Programme for the Reduction of Fatal Accidents, created by Decision No. 1721/2004 of the Occupational Risk Supervisory Authority, provides that workers’ representatives shall be informed of investigations into fatal accidents. The Committee requests the Government to provide further information on the measures adopted or envisaged so that notification requirements and procedures establish the responsibility of employers to provide appropriate information to workers and their representatives concerning notified cases of occupational accidents, occupational diseases and, as appropriate, dangerous occurrences, commuting accidents and suspected cases of occupational diseases.

B. Protection against specific risks

Radiation Protection Convention, 1960 (No. 115)

Articles 2 and 6 of the Convention. Activities involving the exposure of workers to ionizing radiations in the course of their work. Emergency workers. The Committee notes that, in accordance with Revision No. 4 of the Basic Standard on Radiological Safety, approved by Decision No. 521/2019 of the Nuclear Regulatory Authority, volunteers who intervene in an emergency situation may be exposed to an effective dose of up to 100 mSv only to prevent high collective doses (paragraph 108) and up to 500 mSv with a view to saving human lives, preventing the occurrence of severe deterministic effects and/or preventing the development of catastrophic conditions that could severely affect the public and the environment (paragraph 109). The Committee recalls that, in accordance with the 2007 Recommendations of the International Commission on Radiological Protection, reference levels in emergency situations should be selected to be within, or if possible below, the 20-100 mSv band, and no emergency worker should be subject to an exposure in excess of 50 mSv. In exceptional situations, informed emergency workers may volunteer to receive a higher dose in the cases envisaged in paragraph 37 of its general observation of 2015. The Committee requests the Government to provide information on the measures adopted or envisaged to maintain the doses of exposure to ionizing radiations of emergence workers below the reference values indicated in paragraph 37 of its general observation of 2015.
Article 8. Dose limits for workers not directly engaged in radiation work. The Committee notes that, although the Government refers in its report to Annex II, Table 1, of Decision No. 295/2003 of the Ministry of Labour, Employment and Social Security (MTESS, now the Secretariat of Labour, Employment and Social Security (STEySS)), the table does not set exposure limits for workers not directly engaged in radiation work. The Committee also notes that Revision No. 4 of the Basic Standard on Radiological Safety does not contain provisions on this subject. With reference to paragraph 35 of its general observation of 2015, the Committee requests the Government to provide information on the permitted dose limits for ionizing radiations established for workers not directly engaged in radiation work, but who remain or pass where they may be exposed to ionizing radiations or radioactive substances.
Article 14. Discontinuation of assignment to work involving exposure to ionizing radiations pursuant to medical advice, and alternative employment. With reference to its previous comments, the Committee notes the Government’s indication that Decision No. 37/2010 of the Occupational Risk Supervisory Authority provides for medical examinations of the physical aptitude of workers. The Committee notes that this Decision does not provide that no workers shall be employed or shall continue to be employed in work by reason of which the worker could be subject to exposure to ionizing radiations contrary to qualified medical advice. The Committee requests the Government to provide further information on the measures adopted or envisaged to give effect to this Article of the Convention.

Occupational Cancer Convention, 1974 (No. 139)

The Committee notes the information provided by the Government in reply to its previous request in relation to Article 4 of the Convention.
Article 1 of the Convention. Periodic determination of carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization or control. With reference to its previous comments, the Committee notes the Government’s indication in its report concerning the establishment of the System for the Supervision and Control of Carcinogenic Substances and Agents (SVCC) and the approval of the schedule of carcinogenic substances and agents by Decision No. 81/2019 of the Occupational Risk Supervisory Authority, for the purposes of which the most recent recommendations of the international organizations specialized in the subject were taken into consideration. However, the Committee notes that the schedule does not prohibit or control the use of the carcinogenic substances and agents that it lists. The Committee also notes that the CTA Autonomous emphasizes in its observations the failure to update exposure limits to the substances present in the working environment and considers that a continuous review mechanism should be established for carcinogenic agents, the focus of which should be on the precautionary principle and the promotion of national epidemiological research. It adds that there is a regulatory gap in relation to certain substances which have not been included among those listed. The Committee requests the Government to provide its comments in this respect. It also requests the Government to provide information on the measures adopted or envisaged to prohibit or control the use of the carcinogenic substances and agents included on the schedule to Decision No. 81/2019 of the Occupational Risk Supervisory Authority and to provide further information on the periodic determination of such substances and agents, taking into consideration the latest information contained in the codes of practice and guides which may be established by the ILO and information from other competent bodies.
Article 2. Replacement of carcinogenic substances and agents. With reference to its previous comments, the Committee notes the Government’s indication that employers of which the establishments produce, import, use, obtain through intermediary processes, sell and/or transfer free-of-charge the substances or agents enumerated in Annex I to Decision No. 81/2019 of the Occupational Risk Supervisory Authority are required to register with the SVCC. Registration shall include information on the studies undertaken and the possibility of replacing carcinogenic substances. The Committee notes that, while the Decision establishes the requirement for employers to provide information on the possibility of their replacement, it does not contain general measures on the replacement of carcinogenic substances and agents. The Committee requests the Government to provide further information on the measures adopted or envisaged to ensure that every effort is made 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 and agents.
Article 3. Protection measures. With reference to its previous comments, the Committee notes the Government’s reference to the requirement for the registration of employers with the SVCC, under the terms of Decision No. 81/2019 of the Occupational Risk Supervisory Authority, and its indication that Decision No. 37/2010 of the Occupational Risk Supervisory Authority determines the frequency and minimum content of the periodic examinations to be carried out in cases of the existence of exposure to hazardous agents. The Committee requests the Government to continue providing information on the measures adopted or envisaged to ensure the protection of workers against risks of exposure to carcinogenic substances or agents.

C. Protection in specific branches of activity

Safety and Health in Agriculture Convention, 2001 (No. 184)

The Committee notes the information provided by the Government in reply to its previous request in relation to Articles 4(2)(c), 10(a) and 12 of the Convention.
Articles 4(1) and (2)(b) of the Convention. National policy. With reference to its previous comments, the Committee notes that, although the Government refers to the draft Bill on the prevention of occupational risks, the Bill does not specifically address the agricultural sector. The Committee also notes that the IInd Argentine OSH Strategy (2015–19) includes among its objectives the promotion of a campaign for the prevention of risks in agriculture and the completion of the draft decision of the Occupational Risk Supervisory Body to bring the legislation into conformity with this Convention, in consultation with the social partners. The Committee requests the Government to provide further information on the formulation, implementation and periodic review of a coherent national policy on safety and health in agriculture in consultation with the social partners. It also requests the Government to provide information on the achievement of the objectives set out for agriculture in the IInd OSH Strategy (2015–19) and to report on the adoption of new OSH strategies.
Article 6(2). Two or more employers in an agricultural workplace. Duty to cooperate in applying safety and health requirements. With reference to its previous comments, the Committee notes the Government’s indication that the draft Bill on the prevention of occupational risks provides that, where two or more enterprises undertake activities simultaneously in the same workplace they shall coordinate and collaborate in the application of prevention measures (section 10(g)). The Committee requests the Government to provide further information, including within the context of the draft Bill on the prevention of occupational risks, on the measures adopted or envisaged to ensure in law and practice that where two or more employers undertake activities in an agricultural workplace, they shall cooperate in applying the safety and health requirements.
Article 7(a). Appropriate risk assessments and adoption of preventive and protective measures on the basis of the results. With reference to its previous comments, the Committee notes the Government’s indications that the draft Bill on the prevention of occupational risks establishes requirements to assess the risks arising out of work and the factors which have an impact on their development, and the adoption of measures for their prevention. The Committee requests the Government to provide further information on the measures adopted or envisaged, including in the context of the adoption of the draft Bill on the prevention of occupational risks, to ensure that employers carry out appropriate OSH risk assessments in the agricultural sector and, on the basis of the results, adopt preventive and protective measures.
Article 8(1)(b). Right of workers to participate in the application of safety and health measures and to select their representatives. With reference to its previous comments, the Committee notes the Government’s reference to section 84 of Act No. 26727 on the National Agricultural Labour Commission (CNTA). In this respect, the Committee notes that the members of the CNTA are designated by the MTESS (section 86) (now the STEySS). The Committee requests the Government to provide further information on the measures adopted or envisaged to ensure that workers in agriculture participate in the application and review of safety and health measures and select their safety and health representatives and representatives in safety and health committees.
Article 11. Risk assessment, consultation and establishment of safety and health requirements for the handling and transport of materials. With reference to its previous comments, the Committee notes the Government’s indication that Decision No. 3345/2015 of the Occupational Risk Supervisory Body establishes maximum limits for the transfer, pushing or pulling of heavy objects. The Committee requests the Government to provide further information on the measures adopted to ensure that: (i) the safety and health requirements for the handling and transport of the materials envisaged in Decision No. 3345/2015 of the Occupational Risk Supervisory Body are based on a risk assessment, technical standards and medical opinion; and (ii) workers shall not be required or permitted to engaged in the manual handling or transport of a load which by reason of its weight or nature is likely to jeopardize their safety or health.
Article 13. Preventive and protective measures for the use of chemicals and the handling of chemical waste at the level of the undertaking. With reference to its previous comments, the Committee notes that the Government refers to Act No. 24051 and its Regulatory Decree No. 831/1993, Act No. 25612 on the comprehensive management of industrial waste and service activities and Act No. 27279 on phytosanitary products. The Committee notes that, while these laws principally regulate the management of hazardous wastes, they do not contain provisions on the use of chemicals. The Committee notes the indications of the CGT RA in its observations concerning the establishment of the Interministerial Roundtable on Chemicals in July 2019 by Decree No. 504/2019, the principal function of which is to engage in joint work for the design, adoption and implementation of national public policies on chemicals and chemical products throughout their life cycle. The Committee requests the Government to provide further information on the adoption of preventive and protective measures for the use of chemicals at the level of the undertaking, in accordance with Article 13 of the Convention. It also requests it to provide information on the policies adopted in this regard by the Interministerial Roundtable on Chemicals.
Article 14. Protection against biological hazards. With reference to its previous comments, the Committee notes the Government’s indication that the draft Bill on the prevention of occupational risks establishes requirements for the protection of the health of workers when using physical and biological chemicals and agents. The Committee requests the Government to provide further information on the measures adopted or envisaged, including within the context of the adoption of the draft Bill on the prevention of occupational risks, to ensure that risks such as those of infection, allergy or poisoning are prevented or kept to a minimum in the handling of biological agents.
Article 16. Young workers and hazardous work. Appropriate training. With reference to its previous comments, the Committee notes the Government’s indication that the types of work, activities, occupational and tasks which constitute hazardous work for young persons under 18 years of age have been determined by Decree No. 1,117/2016. The Committee notes that these include work involving exposure to hazardous chemical or biological substances, agents and processes, as well as contact with and the handling of poisonous or sharp plants. The Committee also notes the emphasis placed by the CGT RA on the weakening by the Government of the implementation of communication campaigns and training on this subject. With reference to its comments on the Worst Forms of Child Labour Convention, 1999 (No. 182), the Committee requests the Government to provide further information on the application of Decree No. 1,117/2016 in agriculture with a view to ensuring that young persons under 18 years of age do not perform work which by its nature or the circumstances in which it is carried out is likely to harm their safety and health. It also once again requests the Government to provide information on the training provided and protection afforded to workers from the age of 16 for work which, although not included under Decree No. 1,117/2016, could be harmful to their safety and health.
Article 18. Pregnancy, breastfeeding and the reproductive health of women agricultural workers. With reference to its previous comments, the Committee notes that the Government refers to the maternity leave provided for in Act No. 26727, and to general safety and health measures. However, the Committee notes that these provisions do not address the special needs of women agricultural workers. The Committee requests the Government to provide further information on the measures adopted or envisaged to ensure that the special needs of women agricultural workers are taken into account, particularly in relation to pregnancy, breastfeeding and reproductive health, in accordance with Article 18 of the Convention.
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