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Occupational Safety and Health Convention, 1981 (No. 155) - El Salvador (RATIFICATION: 2000)

Article 4 of the Convention. Formulation, implementation and periodic review of the national policy in consultation with the social partners. With reference to its previous comments on the periodic review, in consultation with the most representative organizations of employers and workers, of the national policy on occupational safety and health (OSH), the Committee notes the Government’s indication in its report that the “National Occupational Safety and Health Policy” for the period 2006–10 has not been renewed and it notes with concern that the National Occupational Safety and Health Board (CONASSO), the tripartite consultation body, has been inactive since 2013. However, the Government indicates that the main elements of the national policy were included in Legislative Decree No. 254 of 21 January 2010, adopting the General Act on the prevention of occupational hazards (LGPRLT), and its implementing Regulations. The Committee also notes from the 2017–18 report of the Ministry of Labour and Social Welfare that a number of promotional activities were undertaken to promote the objective of the Ministry of Labour and Social Welfare of a preventative culture from occupational risks with a gender perspective (including the training of a significant number of members of OSH committees). The Government adds that the national policy on OSH has not been reformulated in view of the priority given to the implementation of the LGPRLT, but that it will develop a plan to analyse and evaluate the national policy in relation to the legislation in force. With reference to its comments under the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), the Committee requests the Government to provide information on the measures taken or envisaged to ensure consultations with the most representative organizations of employers and workers concerning the periodic review of the national OSH policy, including measures taken to reactivate CONASSO.

Article 5(e). Protection of workers and their representatives. The Committee notes that the Government has not provided a reply in relation to its previous comments, concerning the protection of workers and their representatives from disciplinary measures as a result of actions properly taken by them, and that the legislation listed in the Government’s report in this respect does not give effect to Article 5(e) of the Convention. The Committee therefore once again requests the Government to provide information on the measures taken to ensure the 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.

Article 7. Overall and sectoral reviews of safety and health. With reference to its previous comments on the overall and sectoral reviews conducted on safety and health, the Committee notes the Government’s indication that the Ministry of Labour and Social Welfare, through the occupational hygiene section, is conducting working environment studies to determine whether there are hygiene risks affecting the health and safety of workers and that any risks identified are notified to employers, along with technical recommendations to mediate those risks and that workplace visits are undertaken to ensure compliance. The Committee requests the Government to provide information on how the findings concerning the working environment studies are taken into account in the review of the national policy on OSH.

Article 8. Adoption of the measures necessary to give effect to Article 4 on the formulation, implementation and periodic review of a coherent national policy, in consultation with the social partners. With reference to its previous comments on consultation with the social partners in the development of the national policy on OSH, the Committee notes the information provided by the Government on the consultations held in CONASSO in relation to the review of four draft Regulations of the LGPRLT and the tripartite consultative process in the Tripartite Agreement petitioning the President of the Republic to delay the entry into force of the LGPRLT. The Committee observes that these consultations were held in 2011 and 2012, respectively, and that, according to the Government, CONASSO has been inactive since 2013. The Committee requests the Government to provide information on the consultations held in relation to any recently adopted legislative provisions on OSH, including the 2014 reform of the Health Code.

Article 13. Protection from undue consequences for workers who have removed themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health. The Committee notes that the legislation referred to by the Government in its report does not establish the right of workers to remove themselves as provided for in Article 13 of the Convention. The Committee therefore requests the Government to take the necessary measures to ensure, in accordance with Article 13 of the Convention, that protection from undue consequences is afforded to workers who have removed themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health.

Article 17. Obligation to collaborate when two or more enterprises engage in activities simultaneously at one workplace. The Committee notes the information provided by the Government, in response to its previous request, that section 6 of the Regulations on the management of risk prevention in the workplace of 2012 establishes that whenever two or more employers engage in activities simultaneously at one workplace, both shall collaborate in applying prevention measures.

Protocol of 2002

Article 1(d). Application of the Protocol to commuting accidents. In its previous comments, the Committee requested the Government to indicate whether its legislation covered commuting accidents in accordance with the definition provided in the Protocol. The Committee notes that section 317(4) of the Labour Code defines commuting accidents as those incurred on the way between the place of work and the worker’s residence, during a reasonable time and by means of a reasonable form of transport. The Committee recalls that the definition in the Protocol also encompasses the way between work and the secondary residence of the worker (Article 1(d)(i)), the place where the worker usually takes a meal (Article 1(d)(ii)), or the place where the worker usually receives his or her remuneration (Article 1(d)(iii)). The Committee requests the Government to indicate any measures, through legislative measures and/or legal decisions, to ensure the application, as appropriate, of Articles 2, 3 and 4 of the Protocol to commuting accidents occurring between work and the secondary residence of the worker, the place where the worker usually takes a meal or the place where the worker usually receives his or her remuneration.

Article 2. Establishment and periodic review of requirements and procedures for recording and notification. The Committee notes the Government’s statement, in response to its previous request concerning consultations held pursuant to Article 2 of the Convention, that consultations have not been held. The Committee requests the Government to indicate the mechanisms that exist for the social partners to participate in the periodic review of the requirements and procedures for recording and notification, and to provide information on any consultations held in that respect and their outcome.

Article 5(b) and (c). Injured persons. Circumstances of the accident or disease. In its previous comments, the Committee requested the Government to provide information on the manner in which it ensures notification of the information provided for in Article 5(b) and (c). The Committee notes in this respect that the accident notification form, established by the General Directorate of Social Security, requires the information provided for in Article 5(b) and (c) of the Protocol.