Hygiene (Commerce and Offices) Convention, 1964 (No. 120) - Paraguay (RATIFICATION: 1967)

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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.

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Legislation. The Committee notes the Government’s report and the attached legislation, including Act No. 5115 of 29 November 2013, creating the Ministry of Labour, Employment and Social Security, which has responsibility for, inter alia, developing policies and establishing regulations on occupational safety and health, in coordination with the Ministry of Public Health and Social Welfare and the Social Insurance Institute, and for monitoring and ensuring compliance with the legislation.

Article 6(1) of the Convention. Appropriate measures taken by the inspectorate. Application of the Convention in practice. With reference to its previous comments, the Committee notes the Government’s statement that, due to the creation of the new Ministry of Labour, Employment and Social Security, it is in the process of administrative reorganization, which includes the establishment and strengthening with ILO support of the Directorate for Inspection and Supervision. The Committee notes an inspection report. The Committee requests the Government to provide information on the manner in which the Convention is applied in Paraguay, including the number of workers covered by the legislation relating to the Convention, and on problems of application and trends in the types of violations identified by the labour inspectorate.

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The Committee notes the Government’s detailed report. It takes note of a CD, which, according to the report, is the first digital publication of the labour legislation and includes the Occupational Safety, Health and Medicine Technical Regulations, as well as the Recommendation to the Convention. The CD was produced with support from the ILO HIV/AIDS Programme in Paraguay. The report indicates that to have further ILO support in this area would be most important since it has become clear that workers are not familiar with the labour legislation, particularly the parts relating to the prevention of occupational accidents and diseases.

Article 3 of the Convention. Cases where it is doubtful whether an establishment, institution, or administrative service is one to which the Convention applies. The Government states that problems have been detected in the case of subcontracting enterprises, which hire the services of outside personnel, and that the responsibility for workers’ rights becomes blurred in the process. In this connection the Ministry of Justice and Labour signed an agreement in September 2008 with the Public Procurement Unit to make compliance with the labour legislation and occupational health and safety standards an express requirement, and to establish that the cost structure include social benefits and the purchase of individual protective equipment, and that contracts lay down penalties for non-compliance. The Committee requests the Government to continue to provide information in this regard and hopes that the Office can continue to provide the Government with the necessary technical assistance.

Article 6, paragraph 1, and Part IV of the report form. Appropriate measures taken by the inspectorate and application of the Convention in practice. The Committee notes with interest the Government’s unflagging efforts to improve safety and health inspection and to provide information. The Government indicates that in the previous administration, for the period 2007–08, inspections were carried out in response to complaints and sometimes ex officio. The Government further indicates that in the period 2008–09, in view of the number of reports of corruption in the inspection process, the following measures have been taken: inspection forms have been produced in order to standardize and systematize the information obtained; procedures have been analysed in order to optimize deadlines; emphasis has been placed on dissemination of information; operations have been carried out under the programme “Decent work in rural areas, the construction sector, cattle raising and other establishments”; ex officio inspections have been carried out, there being too few inspectors to respond to complaints. The Committee requests the Government to continue to provide information on the application of the Convention in practice, on the work of the inspection service in this area and on its impact and its results.

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The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 6, paragraph 1, and Part IV of the report form. Appropriate measures taken by the inspection service and the application of the Convention in practice. The Committee notes that the Government provides virtually no new information in response to its previous comment. The Committee must therefore reiterate its request to the Government to provide information in its next report on the manner in which effect is given in practice to the provision of the Convention including information on the employed persons covered by the relevant legislation and the number and nature of the infringements reported, as well as extracts from inspection reports to enable the Committee to assess the effectiveness of the supervision carried out.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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1. The Committee notes the information in the Government’s latest report.

2. Article 6, paragraph 1, and Part IV of the report form. Appropriate measures taken by the inspection service and the application of the Convention in practice. The Committee notes that the Government provides virtually no new information in response to its previous comment. The Committee must therefore reiterate its request to the Government to provide information in its next report on the manner in which effect is given in practice to the provision of the Convention including information on the employed persons covered by the relevant legislation and the number and nature of the infringements reported, as well as extracts from inspection reports to enable the Committee to assess the effectiveness of the supervision carried out.

[The Government is asked to reply in detail to the present comments in 2008.]

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1. The Committee notes the information contained in the Government’s report and notes that the report contains almost no relevant information in reply to the observations made to the Government in 2000, 2003, 2004 and 2005. The Committee therefore urges the Government to reply to the following questions.

2. Article 6, paragraph 1, and Part IV of the report form. Appropriate measures taken by the inspection services and the application of the Convention in practice. The Committee notes that compliance with the laws that are in force is ensured by the labour inspection services by means of visual inspections, where necessary, accompanied by instruments to measure the levels of noise and temperature. Recommendations and indications of appropriate corrective measures are proposed to improve working conditions and the working environment. The Committee also notes that the changes which have to be made to improve working conditions and the working environment depend on the gravity of the risks that exist, and that the necessary measures have to be adopted within a specific time frame (2, 7, 15, 30, 45 days) and that subsequent inspections are carried out once this period has ended. With regard to the application of the Convention in practice, the Committee notes the Government’s indications that the infringements detected relate to noisy environments, lack of illumination and ventilation, excessive heat and the use of inadequate personal protective equipment. The Committee requests the Government to provide information in its next report on the manner in which effect is given in practice to the provisions of the Convention, including information on the employed persons covered by the relevant legislation and the number and nature of the infringements reported, as well as extracts from inspection reports to enable the Committee to assess the effectiveness of the supervision carried out.

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1. The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 6 and Part IV of the report form. The Committee notes the Government’s indication that one of the inspection measures is the measurement of the temperature and the level of noise at the workplace. Depending on the results of these measurements, the inspector makes proposals and gives recommendations in order to improve the conditions prevailing at the workplace. The subsequent controls are carried out in intervals of 2, 7, 15, 30, 45, etc. days depending on the particular risk found during the inspection. The Committee, taking due note of this information, invites the Government to continue to supply information on the manner in which effect is given to the provisions of the Convention in practice.

2. The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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The Committee notes with regret that the Government’s report has not been received. It must therefore repeat a part of its previous observation, which read as follows:

Article 6 and Part IV of the report form. The Committee notes the Government’s indication that one of the inspection measures is the measurement of the temperature and the level of noise at the workplace. Depending on the results of these measurements, the inspector makes proposals and gives recommendations in order to improve the conditions prevailing at the workplace. The subsequent controls are carried out in intervals of 2, 7, 15, 30, 45, etc. days depending on the particular risk found during the inspection. The Committee, taking due note of this information, invites the Government to continue to supply information on the manner in which effect is given to the provisions of the Convention in practice.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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The Committee notes with regret that the Government’s report has not been received. It must therefore repeat a part of its previous observation which read as follows:

Article 6 and Part IV of the report form. The Committee notes with interest the Government’s indication that one of the inspection measures is the measurement of the temperature and the level of noise at the workplace. Depending on the results of these measurements, the inspector makes proposals and gives recommendations in order to improve the conditions prevailing at the workplace. The subsequent controls are carried out in intervals of 2, 7, 15, 30, 45, etc. days depending on the particular risk found during the inspection. The Committee, taking due note of this information, invites the Government to continue to supply information on the manner in which effect is given to the provisions of the Convention in practice.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

1. The Committee notes with satisfaction the provision of section 227, paragraphs 1 and 5, of Decree No. 14390 of 1992, determining minimum and maximum standards of temperature and humidity with regard to the climate and nature of work, applying Article 10 of the Convention. It also notes with satisfaction that the provisions of sections 231 and 232 of the abovementioned Decree concerning the reduction of noise and vibrations give full effect to Article 18 of the Convention.

2. The Committee further notes with satisfaction the adoption of the new Penal Code whose section 205 stipulates that the exposure of persons in dangerous workplaces is considered as a punishable act.

3. Article 6 and Part IV of the report form. The Committee notes with interest the Government’s indication that one of the inspection measures is the measurement of the temperature and the level of noise at the workplace. Depending on the results of these measurements, the inspector makes proposals and gives recommendations in order to improve the conditions prevailing at the workplace. The subsequent controls are carried out in intervals of 2, 7, 15, 30, 45 etc. days depending on the particular risk found during the inspection. The Committee, taking due note of this information, invites the Government to continue to supply information on the manner in which effect is given to the provisions of the Convention in practice.

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1.   The Committee notes with satisfaction the provision of section 227, paragraphs 1 and 5, of Decree No. 14390 of 1992, determining minimum and maximum standards of temperature and humidity with regard to the climate and nature of work, applying Article 10 of the Convention. It also notes with satisfaction that the provisions of sections 231 and 232 of the abovementioned Decree concerning the reduction of noise and vibrations give full effect to Article 18 of the Convention.

2.   The Committee further notes with satisfaction the adoption of the new Penal Code whose section 205 stipulates that the exposure of persons in dangerous workplaces is considered as a punishable act.

3.   Article 6 and Part IV of the report form.  The Committee notes with interest the Government’s indication that one of the inspection measures is the measurement of the temperature and the level of noise at the workplace. Depending on the results of these measurements, the inspector makes proposals and gives recommendations in order to improve the conditions prevailing at the workplace. The subsequent controls are carried out in intervals of 2, 7, 15, 30, 45 etc. days depending on the particular risk found during the inspection. The Committee, taking due note of this information, invites the Government to continue to supply information on the manner in which effect is given to the provisions of the Convention in practice.

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The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

In comments it has been making since 1973, the Committee has requested the Government to take the necessary measures to give effect to the following Articles of the Convention: Article 10 (maintenance of a comfortable and steady temperature); Article 18 (reduction of noise and vibrations); and Article 4(b) of the Convention (to give such effect as may be possible and desirable under national conditions to the Hygiene (Commerce and Offices) Recommendation, 1964 (No. 120)). In its report for the year 1992, the Government indicated that Regulations concerning safety and health and occupational medicine had been adopted and would be sent to the Office as soon as they were printed. The Government's latest report refers to Decree No. 14390 which approves the Regulations concerning safety and health and occupational medicine and Decree No. 14204 which establishes the regulations concerning the National Occupational Safety and Health Council and indicates that the draft national safety and health and occupational medicine Act is being reviewed by the National Congress and will be sent to the Office as soon as it is adopted. The Committee trusts that the new legislation will ensure the full application of the Convention and requests the Government to send copies of Decrees Nos. 14390 and 14204, as well as any other relevant legislation adopted, with its next report.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

In comments it has been making since 1973, the Committee has requested the Government to take the necessary measures to give effect to the following Articles of the Convention: Article 10 (maintenance of a comfortable and steady temperature); Article 18 (reduction of noise and vibrations); and Article 4(b) of the Convention (to give such effect as may be possible and desirable under national conditions to the Hygiene (Commerce and Offices) Recommendation, 1964 (No. 120)). In its report for the year 1992, the Government indicated that Regulations concerning safety and health and occupational medicine had been adopted and would be sent to the Office as soon as they were printed. The Government's latest report refers to Decree No. 14390 which approves the Regulations concerning safety and health and occupational medicine and Decree No. 14204 which establishes the regulations concerning the National Occupational Safety and Health Council and indicates that the draft national safety and health and occupational medicine Act is being reviewed by the National Congress and will be sent to the Office as soon as it is adopted. The Committee trusts that the new legislation will ensure the full application of the Convention and requests the Government to send copies of Decrees Nos. 14390 and 14204, as well as any other relevant legislation adopted, with its next report.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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In comments it has been making since 1973, the Committee has requested the Government to take the necessary measures to give effect to the following Articles of the Convention: Article 10 (maintenance of a comfortable and steady temperature); Article 18 (reduction of noise and vibrations); and Article 4(b) of the Convention (to give such effect as may be possible and desirable under national conditions to the Hygiene (Commerce and Offices) Recommendation, 1964 (No. 120)). In its report for the year 1992, the Government indicated that Regulations concerning safety and health and occupational medicine had been adopted and would be sent to the Office as soon as they were printed. The Government's latest report refers to Decree No. 14390 which approves the Regulations concerning safety and health and occupational medicine and Decree No. 14204 which establishes the regulations concerning the National Occupational Safety and Health Council and indicates that the draft national safety and health and occupational medicine Act is being reviewed by the National Congress and will be sent to the Office as soon as it is adopted. The Committee trusts that the new legislation will ensure the full application of the Convention and requests the Government to send copies of Decrees Nos. 14390 and 14204, as well as any other relevant legislation adopted, with its next report.

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The Committee notes with interest the indication in the Government's report that the Regulations concerning safety and health and occupational medicine have been adopted and will be sent to the Office as soon as they have been printed. It further notes the Government's indication that these Regulations cover enterprises operated by the State, municipalities and other autonomous or self-governing bodies. The Committee hopes that the new legislation will ensure the application of the following Articles of the Convention which have been the subject of its comments since 1973: Article 10 (maintenance of a comfortable and steady temperature), Article 18 (reduction of noise and vibrations) and Article 4(b) of the Convention (to give such effect as may be possible and desirable under national conditions to the Hygiene (Commerce and Offices) Recommendation, 1964 (No. 120)). The Government is requested to send a copy of the Regulations concerning safety and health and occupational medicine to the Office as soon as a printed copy is available.

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The Committee notes from the Government's reply to its previous observation that the Bill concerning occupational safety and health and occupational medicine which, according to the previous report, is to take account of all the comments made by the Committee, is at an advanced stage of discussion by the National Congress and will be transmitted to the Office as soon as it is adopted. As the matter has been raised for a number of years, the Committee again expresses the hope that this Bill will be adopted in the very near future in order to ensure the application of Article 10 (temperature of the premises) and Article 18 (reduction of noise and vibrations) of the Convention and, in accordance with Article 4(b), to give such effect as may be possible and desirable under national conditions to the Hygiene (Commerce and Offices) Recommendation, 1964 (No. 120).

In addition, the Committee would again request the Government to supply copies of the rules by which effect is given to the Convention in enterprises operated by the State, municipalities and other autonomous or self-governing bodies to the extent that the above-mentioned Bill does not apply to such enterprises and bodies.