Maximum Weight Convention, 1967 (No. 127) - Panama (RATIFICATION: 1970)

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Previous comments: C.127 and C.167

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 45 (underground work (women)), 127 (maximum weight) and 167 (OSH in construction) together.

The Committee notes the observations of the National Council of Organized Workers (CONATO), received on 31 August 2023, on the application of Conventions Nos 127 and 167.

Establishment of the National Occupational Safety and Health Council. The Committee notes with interest the establishment, in 2023, of the National Occupational Safety and Health Council, agreed on a tripartite basis, following the inclusion of the Occupational Safety and Health Convention, 1981 (No. 155), and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), in the ILO Declaration on Fundamental Principles and Rights at Work (1998), as amended in 2022. The Government reports that the Council seeks to be the focal point for steering public policies on occupational safety and health, based on consensus. In this regard, the Committee requests the Government to continue to report on the operation of the Council, its composition and its recommendations and activities.

A. Protec tion against specific risks

Maximum Weight Convention, 1967 (No. 127)

Application of the Convention in practice. The Committee notes the statistical data provided by the Government on the number of inspections carried out between 2021 and 2022 on maximum weight (84 inspections in 2021 and 66 in 2022), as well as the number of discussions organized in the construction sector. The Committee also notes CONATO’s observations indicating that the official information concerning statistics and specific measures taken with respect to the manual transport of loads is fragmented. The Committee requests the Government to send its comments on CONATO’s observations and to continue to provide information on the application of the Convention in practice, including the number of inspections carried out and their findings.

B. Protection in specific branches of activity

Safety and Health in Construction Convention, 1988 (No. 167)

Articles 13 and 35 of the Convention. Safety of workplaces and inspection. The Committee notes the information provided by the Government that the main responsibility of the section on Occupational Safety in the Construction Industry, an integral part of the Labour Inspection Directorate in the Ministry of Labour and Labour Development, is to supervise, verify and certify the implementation of occupational safety, health and hygiene measures on construction sites, focusing on risk prevention in public and private construction projects. It also notes the statistics on visits by safety officials to construction projects (12,671 in 2021, 19,819 in 2022 and 9,176 between January and June 2023). The Committee notes the activities carried out in the area of occupational health and safety in construction, which include a survey in the sector, regular supervision on projects that have complied with safety fund payments, inspections on projects assigned to safety officials, specialized training on safety, the standardization of criteria and the introduction of new formats for safety officials at the national level, discussions on occupational safety, notifications of conditions requiring correction in projects with assigned officials, and the suspension of activities or conditions that pose an imminent danger in projects where there are safety officials. The Committee requests the Government to continue to provide information on the statistics concerning the number of inspections and suspension orders carried out in the construction sector. The Committee also refers to its detailed comments under the Labour Inspection Convention, 1947 (No. 81), concerning Articles 3(1)(a) and (b) and 13 on labour inspection in the construction sector.

Application in practice. In response to the previous comment, the Government reports on the adaptation of specific regulations related to work at height, the use of cranes, scaffolds, platforms and other equipment; the extension of the powers of the labour inspection regulations in the construction industry by means of Law No. 237 of 15 September 2021; and the formalization of Administrative Resolution No. DM-056-2022 of 10 March 2022 approving the Procedure for the Temporary Stoppage of Work in the event of non-compliance with Law No. 67 of 30 October 2015, which refers to payments to the Safety Fund.

The Committee also notes the information provided by the Government on the number of health, safety and hygiene plans in the planning phase of construction projects prepared by enterprises, as well as the data on occupational accidents in the construction sector for the period between 2014 and 2023. However, the Committee notes with concern a significant increase in the number of accidents during this period from 2021 onwards (17 in 2018, 12 in 2019, 11 in 2020, 104 in 2021, 69 in 2022 and 36 from January to March 2023). The Committee also notes CONATO’s observations indicating that the sector’s statistics are not sufficiently adequate or up-to-date. The Committee requests the Government to provide information on the types of accidents and the causes of the increase in the number of accidents in construction after 2021, as well as on the measures taken or envisaged to prevent their occurrence. It also requests information on the activities carried out by the newly established National Occupational Safety and Health Council in the construction sector. Lastly, the Committee requests the Government to continue to provide information on the implementation of the Convention in practice, including the number of occupational accidents and cases of occupational diseases recorded in the construction sector.

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

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism Tripartite Working Group, confirmed the classification of the Convention as an outdated instrument, and has placed an item on its abrogation on the agenda of the 112th Session of the International Labour Conference in 2024. The Governing Body also requested the Office to undertake follow-up action to actively encourage ratification of the up-to-date OSH instruments, including, but not restricted to, the Safety and Health in Mines Convention, 1995 (No. 176), and to launch a campaign to promote ratification of Convention No. 176. The Committee therefore encourages the Government to follow up on the decision adopted by the Governing Body at its 334th Session (October-November 2018) approving the recommendations of the Standards Review Mechanism Tripartite Working Group and to consider ratifying the most up-to-date instruments in this field. The Committee takes this opportunity to recall that, in June 2022, the International Labour Conference added the principle of a safe and healthy working environment to the Fundamental Principles and Rights at Work, thereby amending the Declaration on Fundamental Principles and Rights at Work (1998). The Committee draws the Government’s attention to the possibility of requesting the technical assistance of the Office with a view to bringing both practice and the applicable legislation into conformity with the fundamental OSH Conventions and to providing support for any consideration of ratification of these standards.

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Article 5 of the Convention. Steps to ensure adequate training in working techniques with a view to safeguarding health and preventing accidents. With reference to its previous comments, the Committee notes the Government’s indications that training is provided for workers engaged in the manual handling of loads, through talks on: (i) the correct use of mechanical aids; (ii) risk factors involved in the handling of loads; (iii) prevention of risks due to these factors; (iv) the correct use of personal protective equipment and, where necessary, technical information on the safe handling of loads; and (v) information on the weight and centre of gravity of loads. Although the Committee welcomes the information provided, it is bound to note that the Government has not replied to the question raised in the previous direct request on whether this training is provided prior to commencing the work. The Committee therefore once again reminds the Government that, pursuant to this Article of the Convention, training shall be provided before the work is carried out, and it requests the Government to indicate whether the training provided takes place prior to the start of the work in question, in accordance with this Article of the Convention.

Application of the Convention in practice. The Committee notes the statistical data provided by the Government. However, it observes that this data only include the occupation code, with no other additional information indicating whether the inspections conducted addressed the maximum weight for the manual handling of loads in the sectors of economic activity for which the member State has established a labour inspection system. The Committee requests the Government to provide statistical information on inspections on compliance with the maximum weight for the manual handling of loads, so that it can assess the extent to which the requirements of the Convention are being met.

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Article 5 of the Convention. Training. With reference to its previous comments, the Committee notes the information supplied by the Government, and notes with interest that section 97 of Decree No. 2 of 15 February 2008 issuing occupational safety and health regulations in the construction industry states that the employer shall be obliged to train workers in the handling of materials. The training must include methods for lifting, carrying, placing, unloading and storing various types of loads and must be given by suitably skilled persons in the occupational safety and health sphere or by institutions which possess the necessary competence in this area. It also notes that the Ministry of Employment and Labour Development (MITRADEL) trains workers by means of talks and practical demonstrations. The Committee recalls that, under this Article of the Convention, training must be given before the commencement of the work and requests the Government to supply information on measures taken to ensure that any worker assigned to the transport of loads receives, prior to such assignment, adequate training or instruction in working techniques, with a view to safeguarding health and preventing accidents, as laid down by this Article of the Convention.

Part V of the report form. Application in practice. The Committee requests the Government to continue to supply information on the application of the Convention in practice.

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1. The Committee notes the information contained in the Government’s report. It notes in particular the information on the application of Article 1(a) and (b) of the Convention (definition of the terms “manual transport of loads” and “regular manual transport of loads”).

2. Article 5. Steps to ensure adequate training in working techniques with a view to safeguarding the health of workers and preventing accidents. The Committee notes the reference made by the Government in its report to section 282 of the Labour Code, which contains a general provision on the obligation of all employers to apply the measures that are necessary to afford effective protection for the life and health of their workers and to ensure their safety and safeguard their health by adopting measures to prevent, reduce and eliminate occupational risks in workplaces. It also notes that, according to the Government’s report, employers are obliged to inform workers engaged in the manual transport of loads of good practices for the lifting and transport of loads, and that the Ministry of Employment and Labour Development and the Social Security Fund provide training free-of-charge to workers through talks and practical demonstrations. The Committee requests the Government to indicate the legislative or other provision which guarantees the necessary training for workers prior to their assignment to work.

3. Part V of the report form. Application of the Convention in practice. The Committee notes the information provided on inspection activities and the accidents that occurred during the period between 2000 and 2003. It also notes that, according to the Government’s report, the official inspection reports do not contain specific references reporting violations of the provisions of the Labour Code on the protection of the health of workers engaged in the manual transport of loads. The Committee requests the Government to continue providing information on the practical application of the Convention.

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The Committee takes note of the Government’s last report. It draws the Government’s attention to the following points:

1. Article 1(a) and (b), of the Convention. The Committee notes the Government’s indication that the terms "manual transport of loads" and "regular manual transport of loads" are not defined in the national legislation. The Committee therefore requests the Government to indicate the meaning given in practice to the above terms. Moreover, the Committee, while noting Order No. 21 of 30 November 1981, as modified by Order No. 15 of 30 June 1982, issuing standards applying the Maximum Weight Convention, 1967 (No. 127), of the International Labour Organization, invites the Government to consider the possibility to insert the legal definitions of the above terms therein.

2. Article 5. The Committee notes the Government’s indication that workers do not receive training or instructions prior to their assignment to manual transport of loads, but once they have commenced their work. In this respect, the Committee notes section 2 of the Order No. 21 of 30 November 1981, as modified, requiring the employer to provide to all workers assigned to the manual transport of loads other than light loads a satisfactory training in working techniques. The Committee recalls that Article 5 of the Convention calls for such training or instruction prior to the worker’s assignment. It accordingly requests the Government to take the necessary steps to ensure that the workers concerned receive adequate training or instructions in working techniques before they start their work involving the manual transport of loads.

3. The Committee notes the Government’s indication that it does not dispose of any information on the practical application of the Convention, as requested in Part V of the report form. With reference to its previous comments, the Committee observes that it appealed to the Government for a number of years to communicate the pertinent information in order to enable the Committee to assess the extent to which effect is given to the Convention in practice. The Committee therefore once again requests the Government to supply, with its next report, information on the practical application of the Convention in the country, giving, for example, extracts from reports of the inspection services and, as far as such statistics are available, information concerning the number and nature of contraventions reported and the action taken on them, etc., in accordance with Part V of the report form.

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The Committee notes the Government's report and the statistics contained in the report.

With reference to its previous comments, the Committee notes that the statistics which have been supplied do not contain appropriate information on the manner in which the Convention is applied and that, according to the Government's report, the national statistical services do not process statistics in the form required in point V of the report form. The Government stated previously that it hoped to be able to resolve the difficulties which prevented it from supplying the required statistics. The Committee hopes that in its next report the Government will be able to supply the above information in order to enable the Committee to assess the situation with regard to the application of the Convention in practice.

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In its previous comments, the Committee requested statistical information on the effect given in practice to the Convention, as set out in point V of the report form.

The Committee notes the Government's statement in its last report that the serious economic situation confronting the country has prevented the Government from taking the necessary measures to compile the required statistics. The Government adds that, in so far as it can, it hopes that it will be able to resolve these difficulties in the near future and that it will supply information in this connection in due time. The Committee hopes that the Government will be able to provide appropriate information in future reports on how effect is given to the Convention by supplying, for example, summaries of the reports of the inspection services.