Radiation Protection Convention, 1960 (No. 115) - Nicaragua (RATIFICATION: 1981)

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In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on occupational safety and health, the Committee considers it appropriate to examine Conventions Nos 13 (white lead), 45 (underground work (women)), 115 (radiation), 119 (guarding of machinery), 127 (maximum weight), 136 (benzene) and 139 (occupational cancer) together.

Application in practice of Conventions Nos 13, 115, 119, 127, 136 and 139.The Committee notes the general and sectoral information provided by the Government in its report on the number of violations identified during inspections and follow-up inspections, as well as the corrective action taken by them in respect of occupational safety and health conditions between 2018 and the first semester of 2021. The Committee requests the Government to continue providing information on the application in practice of the ratified occupational safety and health Conventions, including the number, nature and cause of occupational accidents and diseases notified, and information on the inspection activities and violations identified, as well as the penalties imposed.

A.Protection against specific risks

1.White Lead (Painting) Convention, 1921 (No. 13)

Article 7 of the Convention. Statistics with regard to lead poisoning among working painters. The Committee notes that the Government indicates in its report that there are no recorded cases of lead poisoning in the Ministry of Health statistics, and that no cases of lead poisoning have been recorded in Nicaragua since the end of the 1980s. While noting the Government’s statement that workers at risk of lead poisoning are treated and diagnosed by clinics attached to the National Social Security Institute, the Committee requests the Government to continue providing information on all cases of lead poisoning recorded.

2.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. Obligation of the Government to take measures to ensure that effect is given to these Articles of the Convention. The Committee notes the Government’s indication that the clauses governing purchase, sale, transfer and hiring of machines are established by the persons carrying out these operations in accordance with trade, commercial and civil law.

With respect to the protective guards over dangerous parts of machinery, the Committee notes that the provisions of The Ministerial Standard on Basic Occupational Safety and Health Provisions Applicable to Electrical Installations and Equipment of 1999, facilitated by the Government, on the design of and protection provided on machines for lifting and conveying, are referenced in sections 43 (switch requirement), 44 (polarization requirement) and 45 (grounding conductor requirement). While noting the Government’s indications regarding trade, commercial and civil law, the Committee requests the Government to indicate the specific relevant provisions in these laws that prohibit the sale, hire, transfer in any manner and exhibition of machinery of which the dangerous parts are without appropriate guards, in conformity with Article 2(1) and (2) of the Convention.

Article 15. Appropriate inspection services and penalties. With reference to its previous comments, the Committee notes the provisions on safety requirements for lifting and conveying machinery established in sections 19, 20, 21 (requirements for the use of lifting machines), 46, 47, 48 (verification of the good condition of the machinery) and 49 (safety of lifting equipment and its operation) of the Ministerial Standard of 1999, and in sections 3.1.7 (separation between machines) and 3.4.1 (requirements for the operation of hoisting apparatus) of the Technical Guide on Health and Safety Inspection. The Committee takes note of this information, which addresses its previous request.

3.Maximum weight Convention, 1967 (No. 127)

Article 7 of the Convention. Young persons and women. With regard to its earlier comments, the Committee notes the Government’s indication that compliance with Ministerial Agreement No. JCHG-08-06-10, of 2010, on the prohibition of hazardous work for young persons and the list of types of hazardous work, of which paragraph (e) prohibits physical loads for children under the age of 18 years, is ensured through the implementation, evaluation and monitoring of special care programmes for young workers. The Government reports that to protect the rights of young workers, compliance with the Ministerial Agreement is monitored by the Departmental Labour Inspectorate. Section 1 of the Ministerial Decision provides that inspectors shall be empowered to take cognizance of violations and impose penalties in conformity with the provisions of Section 6 of Act No. 474 of 2003 amending Chapter VI, part one, of the Labour Code.

The Committee further notes that the Government reports on the formulation, in April 2018, of a Decision of the National Occupational Safety and Health Council – pending publication – which establishes the maximum weights recommended for men and women (section 16) and prohibits workers under the age of 18 years from the manual transport of loads the weight of which involve physical effort and activity beyond the worker’s psychophysical strength (section 24). The Government indicates that the said Decision amends the Ministerial Decision on Occupational Safety and Health of 2002 with respect to the maximum load that can be transported manually by a worker. The Committee requests the Government to indicate whether the Decision of the National Occupational Safety and Health Council, amending the Ministerial Decision on Occupational Safety and Health as regards the maximum load that can be transported manually by a worker, has been published and is now in force. Regarding the assignment of young workers to the manual transport of loads, the Committee refers to its comments under the Worst Forms of Child Labour Convention, 1999 (No. 182).

4.Benzene Convention, 1971 (No. 136)

Articles 2 and 4 of the Convention. Use of harmless or less harmful substitute products instead of benzene or products containing benzene. Prohibition of the use of benzene and of products containing benzene in certain work processes, including its use as a solvent or diluent. With reference to its previous comments, the Committee notes that the Government reports that while the use of benzene is not currently restricted or prohibited, the only use of benzene approved by the National Commission for the Registration and Monitoring of Toxic Substances (CNRCST) is for chemical analysis in laboratories. The Government adds that in order to import benzene, the enterprise or natural person must be registered and hold a valid importer’s licence with the CNRCST and must also complete an importation permit each time the product enters the country. The Committee further notes that the Government reports that it does not have a list of work in which the use of benzene is prohibited. While taking note of the information provided by the Government on the use of benzene for the sole purpose of chemical analysis carried out in laboratories and with reference to its comments on Article 2 of the Occupational Cancer Convention, 1974 (No. 139), the Committee requests the Government to provide information on the measures taken to ensure the adoption of laws and regulations that guarantee the prohibition of the use of benzene or products containing benzene in certain work, and that the prohibition includes the use of benzene and of products containing benzene as a solvent or diluent, except where the process is carried out in an enclosed system or where there are other equally safe methods of work.

Article 6. Maximum concentration of benzene in the air in places of employment which shall not exceed a maximum ceiling value of 25 parts per million (80 mg/m3). With reference to its earlier comments on the measures adopted to ensure that the concentration of benzene in the air of places of employment does not exceed the maximum ceiling, the Committee notes that the Government refers to section 114 of Act No. 618 of 2007, the General Occupational Safety and Health Act, which establishes the obligation to assess occupational health hazards for workers in places of employment. The Committee observes that under section 144 of Act No. 618 of 2007, such assessment shall be undertaken at least once yearly, and shall be updated in various cases, for example when there are changes in processes, or in the choice of chemicals and other substances, affecting the degree of exposure of the workers to such agents. The Committee also notes that section 130 of Act No. 618 of 2007 provides that where the maximum ceiling is exceeded, the employer shall rectify the installations or adopt the necessary technical measures to eliminate or reduce the chemical contaminants in the workplace. The Committee takes note of this information, which addresses its previous request.

Article 14(a) and (b). Measures necessary to give effect to the Convention. Authorities responsible for ensuring compliance. The Committee notes the information provided by the Government on the measures adopted by the CNRCST. It notes that Act No. 941 of 2016, establishing the National Commission for the Registration and Monitoring of Toxic Substances, which abrogates Decree No. 04-2014 of 2014, establishing the National Commission for the Registration and Monitoring of Toxic Substances, mandates the CNRCST to undertake the regulation of chemical substances for industrial use such as benzene, and to formulate policies, action and activities related to the appropriate handling of chemical substances, for the purpose of monitoring and preventing diseases caused by exposure to hazardous and toxic substances (Article 4).

The Committee also notes that the CNRCST has an inspection unit which is responsible for undertaking inspections of laboratories that use benzene in various chemical analyses. The Committee requests the Government to indicate the regulations adopted in respect of benzene and products containing benzene, as well as the policies, action and activities concerning benzene since the creation of the National Commission for the Registration and Monitoring of Toxic Substances, under Act No. 941 of 2016.

5.Occupational Cancer Convention, 1974 (No. 139)

Articles 1 and 3 of the Convention. Determination of carcinogenic substances and agents and establishment of an appropriate system of records. With reference to its previous comments, the Committee notes that the Government indicates that the prohibition or restriction of agricultural, domestic and professional pesticides is effected through a thorough assessment of their environmental, sanitary and agricultural effects and of those of substitute substances, carried out by the CNRCST. The Government adds that the decision to prohibit or restrict is made public by announcement in the Official Gazette.

With regard to measures for the protection of workers, the Committee notes that the CNRCST undertakes surveillance and control of enterprises that use potentially carcinogenic substances and chemicals in general. The Committee notes, in response to its previous comments regarding the National Registry of Pesticides and Toxic, Hazardous and Other Similar Substances, that the Government reports that the Registry is still operating, under the aegis of the CNRCST, which has been monitoring authorized industrial chemical substances since 2014. While taking note of the procedure for the prohibition and restriction of pesticides, the Committee requests the Government to indicate the decisions determining the carcinogenic substances or agents for which exposure at work is prohibited or subject to authorization or control. The Committee also requests the Government to continue providing information on the measures taken to protect workers from the risks of exposure to carcinogenic substances or agents, as well as on the development and operation of the National Registry of Pesticides and Toxic, Hazardous and Other Similar Substances with regard to workers exposed to carcinogenic substances.

Article 2(2). Duration and degree of exposure. With reference to its previous comments, the Committee notes that the Government provides no information on the provisions concerning the exposure limit values established by the Ministry of Labour in conformity with section 129 of Act No. 618 of 2017, the General Occupational Safety and Health Act. The Committee urges the Government to provide detailed information on the provisions concerning the exposure limit values established by the Ministry of Labour under the abovementioned section 129.

Article 4. Obligation to inform workers of the dangers involved in working with carcinogenic substances. With reference to its previous comments, the Committee notes the obligations concerning workers’ training set out in the following sections of Act No. 618 of 2007: 19 (information provided through training programmes), 20 (frequency of the programmes), 21 (content of the programmes), 22 (qualifications of persons responsible for the training activities), and 176 (information on the hazards of application and use of pesticides and chemical substances). The Committee takes note of this information, which addresses its previous request.

B.Protection in specific branches of activity

Underground Work (Women) convention, 1935 (No. 45)

The Committee recalls that at its 334th Session (October-November 2018), the Governing Body of the ILO decided, on the recommendation of the Standards Review Mechanism Tripartite Working Group, to classify Convention No. 45 as an outdated standard, and to place on the agenda of the 112th Session (2024) of the International Labour Conference an item concerning the abrogation of the Convention. The Governing Body also requested the Office to ensure follow-up for Member States currently bound by Convention No. 45 to promote ratification of up-to-date occupational safety and health instruments, in particular the Safety and Health in Mines Convention, 1995 (No. 176), and to launch a campaign to promote ratification of that Convention. The Committeeencourages the Government to give effect to the decision taken at the 334th Session of the Governing Body (October-November 2018) approving the recommendations of the Standards Review Mechanism Tripartite Working Group, and to consider ratification of more up-to-date instruments in this area.

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The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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Article 13. Protection against accidents and in emergencies. The Committee notes that the Government’s report does not contain the information requested in its 2004 direct request. In that direct request, the Committee noted the Government’s indication that under section 166, relating to the preparation of emergency plans, of the 1998 Regulations respecting technical protection against ionizing radiations, the recommendations used are those contained in the October 2003 document “Method for developing arrangements for response to a nuclear or radiological emergency: Emergency preparedness and response”. It noted that the definition of “emergency” contained in this document justifies the exceptional exposure of workers in the event of occurrences which require, inter alia, interventions to reduce the adverse effects on property. The Committee observed that this definition appears incompatible with section 189 of the 1998 Regulations respecting technical protection against ionizing radiations, which provides that workers participating in an intervention may undergo exposure resulting in the maximum permissible dose for occupational exposure in a single year being exceeded solely for the purpose of saving lives or preventing serious injury, avoiding a high collective dose or preventing the development of catastrophic situations. In this respect, the Committee drew the Government’s attention to the information contained in paragraphs V.27 to V.32 of the 1994 Basic Standards of Radiation Protection and paragraph 35(c)(iii) of its 1992 general observation under the Convention, namely that exceptional exposure of workers is not justified for the purpose of rescuing “items of high material value”. Consequently, the Committee invited the Government to take the necessary measures to correct the apparent contradictions between the legislation and the recommendations of the October 2003 document entitled “Method for developing arrangements for response to a nuclear or radiological emergency: Emergency preparedness and response”, with a view to limiting the exposure of workers to what is strictly necessary for the purpose of limiting acute danger to life and health. The Committee once again requests the Government to indicate the manner in which it is ensured that the workers participating in an intervention cannot be exposed to such an extent that the maximum permissible dose for occupational exposure in a single year is exceeded for the purpose of rescuing items of high material value, but only in order to save lives or prevent serious injury, avoid a high collective dose or prevent the development of catastrophic situations.

Part V of the report form. Application in practice. In its previous comments, the Committee noted the Government’s indication that, under section 206 of the 1998 Regulations respecting technical protection against ionizing radiations, all inspections and audits are documented and, emphasizing that inspectors’ reports constitute an important component in assessing the application of the Convention, it requested the Government to provide extracts from the reports drawn by the Directorate-General for Occupational Safety and Health, which is the competent authority to monitor the application of the provisions of the Convention. Noting that the Government has not provided the requested information, the Committee once again requests it to provide this information and to indicate the number of workers engaged in activities involving exposure to ionizing radiations and who are accordingly covered by the Convention.

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The Committee notes the Government’s report in response to its previous comments. It would like to draw the Government’s attention to the following points.

1. Article 13. Protection against accidents and in emergencies. The Committee notes that instead of the term "emergency" the term "accident" is used, which corresponds to the definition laid down by the 1994 International Basic Safety Standards for protection against ionizing radiation and for the safety of radiation sources. It also notes the Government’s indication that, under section 166 of the 1998 Regulations concerning Technical Protection against Ionizing Radiations relating to plans for emergencies, the recommendations contained in the October 2003 document entitled "Method for developing arrangements for response to a nuclear or radiological emergency - Emergency preparedness and response" are being used. It notes that the definition of "emergency" contained in this document justifies the exceptional exposure of workers in the event of occurrences which require, inter alia, interventions to reduce the adverse effect on property. The Committee observes that this definition appears incompatible with section 189 of the 1998 Regulations concerning Technical Protection against Ionizing Radiations, which stipulates that workers participating in an intervention may undergo exposure resulting in the maximum permissible dose for occupational exposure in a single year being exceeded solely for the purpose of saving lives or preventing serious injuries, avoiding a high collective dose or preventing the development of catastrophic situations. In this respect the Committee once again draws the Government’s attention to the information in paragraphs V.27 to V.32 of the 1994 International Basic Safety Standards and paragraph 35(c)(iii) of its 1992 general observation under the Convention, namely that exceptional exposure of workers is not justified for the purpose of rescuing "items of high material value". Consequently, the Committee invites the Government to take the necessary measures for correcting the apparent contradictions between the legislation and the recommendations of the October 2003 document entitled "Method for developing arrangements for response to a nuclear or radiological emergency - Emergency preparedness and response", aimed at limiting the exposure of workers for the purpose of meeting an acute danger to life and health to what is strictly necessary.

2. Part V of the report form. The Committee notes the Government’s indication that there are no mechanisms for facilitating the collection of information on the practical application of the Convention in the country and that the Labour Ministry hopes to provide such information in the future. Noting that, under section 206 of the 1998 Regulations concerning Technical Protection against Ionizing Radiations, all inspections and audits are documented and emphasizing that inspectors’ reports constitute an important component in assessing the application of the Convention, the Committee requests the Government to send at least extracts of these reports drawn up by the Directorate-General for Safety and Health at Work, which is the competent authority for monitoring the application of the Convention.

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The Committee takes note of the reports of the Government in response to its previous comments.

1. Protection against accidents and in emergency situations. The Committee notes with interest the provisions contained in sections 74 and 165 et seq. (Chapter XIV) of the 1998 Regulations concerning Technical Protection against Ionizing Radiations, prescribing the measures to be taken in emergency situations which reflect the indications provided by the Committee in paragraphs 16 to 27 and 35(c) of its 1992 general observations under the Convention, and the indications contained in paragraphs V.1. to V.30. of the 1994 International Basic Safety Standards. The Committee however notes that the above Regulations refer to emergency situations, but do not provide a definition of what is considered as an emergency. In this respect, the Committee draws the Government’s attention to the matters raised in paragraph 35(c)(iii) of the conclusions to its 1992 general observation under the Convention, according to which provisions should be made in law and practice for adopting a strict definition of circumstances in which exceptional exposure of workers, exceeding the normally tolerated dose limit, is to be allowed for immediate and urgent remedial work; that work must be strictly limited in scope and duration to what is required to meet an acute danger to life and health; exceptional exposure of workers is neither justified for the purpose of rescuing items of high material value, nor, more generally, because alternative techniques of intervention, which do not involve such exposure of workers, would involve excessive expense. The Committee therefore requests the Government to indicate, in its next report, the measures adopted to take into consideration the recommendations formulated in this respect by the Committee in its abovementioned general observation under the Convention.

2. Part V of the report form. The Committee requests the Government to supply information on the manner in which the Convention is applied in practice in the country, including, for example, extracts from inspection reports or from other official reports on practical difficulties encountered in the application of the Convention.

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The Committee notes with satisfaction that the National Commission on Atomic Energy (CONEA) adopted in May 1998 the Regulations concerning Technical Protection against Ionizing Radiations, giving effect to the provisions of the Convention, and in particular to Article 3, paragraph 1, Article 6, paragraph 2, and Article 7 of the Convention.

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The Committee notes the information supplied by the Government in its report covering the period 1992 to 1994.

1. Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention. The Committee drew previously the Government's attention to the revised dose limits adopted by the International Commission on Radiological Protection (ICRP) in 1990 and asked the Government to indicate steps taken to ensure effective protection of workers against ionizing radiation in the light of current knowledge. The Committee takes note with interest of Act No. 156 of 1993 on ionizing radiation and of Decree No. 24-93 establishing the National Commission on Atomic Energy. It also notes that the Government indicates in its 1994 report that regulations on radiological protection were being drafted. The Committee hopes that the Government will provide information on the provisions adopted in the light of the 1990 above-mentioned recommendations and the 1994 International Basic Safety Standards for protection against ionizing radiation and for the safety of radiation sources, and that it will supply a copy of the regulations when adopted.

2. Article 7. The Committee requests the Government to provide information on the provisions of laws or regulations or other means that prohibit the employment of persons under the age of 16 in work involving exposure to ionizing radiation.

3. Protection against accidents and in emergency situations. Referring to the explanations given in paragraphs 16 to 27 and 35(c) of its 1992 general observation under the Convention and in the light of paragraphs 233 and 236 of the 1994 International Basic Safety Standards, the Committee hopes that the Government will provide information on the measures taken or contemplated in relation to emergency situations.

4. Provision of alternative employment. With reference to paragraphs 28 to 34 and 35(d) of its 1992 general observation, and the principles reflected in paragraphs 96 and 238 of the 1994 International Basic Safety Standards, the Committee requests the Government to provide information on measures taken or contemplated to ensure effective protection of workers who have accumulated exposure beyond which an unacceptable risk of detriment is to occur and who may thus be faced with the dilemma that protecting their health means losing their employment.

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In its previous direct request, the Committee noted that the Judicial Department of the Ministry of Labour was in the process of preparing draft regulations to give effect to the Convention. The Government has indicated in its latest report that a draft Labour Code is being prepared, with the technical assistance of the ILO, which will ensure the application of ratified conventions. The Committee notes from the Government's report that this draft Code should be studied by all social partners during a tripartite seminar to be held in March and, upon its approval, will be presented to the Legislative Assembly for adoption. The Committee reiterates the hope that the necessary measures be taken, either in the form of regulations, as mentioned previously by the Government, or in the Labour Code, in order to give full effect to the provisions of the Convention.

In this regard, the Committee would recall that, under Article 3, paragraph 1 and Article 6, paragraph 2 of the Convention, all appropriate steps shall be taken to ensure effective protection of workers against ionising radiations and to review maximum permissible doses of ionising radiations in the light of current knowledge. The Committee would call the Government's attention to its General Observation under this Convention which sets forth, inter alia, the revised exposure limits established on the basis of new physiological findings by the International Commission on Radiological Protection in its 1990 Recommendations (Publication No. 60). The Committee hopes that the Government will take these new findings into account when drafting the legislation necessary for the application of the Convention. The Government is requested to provide information in its next report on the progress made in adopting the legislation necessary for the application of the Convention, and in particular, on the steps taken or being considered in relation to the matters raised in the conclusions to the General Observation.

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1. The Committee thanks the Government for the labour inspection report supplied in reply to its previous direct request.

2. The Committee notes with interest that the Judicial Department of the Ministry of Labour is in the process of preparing draft regulations giving effect to the Convention. The Committee hopes that the regulations will be adopted in the near future and that they will ensure the application of all the Articles of the Convention.