White Lead (Painting) Convention, 1921 (No. 13) - Nicaragua (RATIFICATION: 1934)

CMNT_TITLE

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.

CMNT_TITLE

Article 7 of the Convention. Statistics with regard to lead poisoning among working painters. Referring to its previous comments, the Committee notes the Government’s indication in its report that since the end of the 1980s no cases of lead poisoning have been recorded in Nicaragua and so it is impossible to compile statistics on morbidity and mortality in the painting sector, and there are no indicators in this area. The Committee considers that the absence of indicators does not necessarily mean that there are no cases of lead poisoning. The Committee again requests the Government to give effect to the obligation laid down in this Article of the Convention to collect statistics on lead poisoning among working painters with regard to: (a) morbidity, by notification and certification of all cases of lead poisoning; and (b) mortality, by a method approved by the official statistical authority in each country, and to supply information on the measures taken in this regard.

Application of the Convention in practice. The Committee notes that the statistical table provided by the Government states the number of inspections carried out by region but does not indicate the content of the inspection. The Committee points out that the previously requested information refers specifically to matters covered by the present Convention. The Committee again requests the Government to provide summaries of inspection reports relating to the Convention as well as any documentation relating to the application of the Convention in practice.

CMNT_TITLE

Article 7 of the Convention and Part V of the report form. Application in practice. Further to its previous comments, the Committee notes that it has now been confirmed by means of inspections that white lead pigments are no longer used in the process for producing paint and colourants in the paint and in other colourant manufacturing industry. Furthermore, no battery manufacturers use lead elements in their cells. It also notes that there are no national statistics on cases of lead poisoning at the national level. Recalling that, in accordance with this Article, governments which have ratified the present Convention have assumed the obligation to collect statistics on lead poisoning among working painters with regard to: (a) morbidity, by notification and certification of all cases of lead poisoning; and (b) mortality, by a method approved by the official statistical authority in each country, the Committee requests the Government to take the necessary steps to collect such statistics and to provide them. Furthermore, the Committee requests the Government to provide summaries of the inspection reports relating to the Convention as well as any documentation relating to the application of the Convention in practice.

CMNT_TITLE

Articles 6 and 7 of the Convention. Statistics of cases of morbidity and mortality resulting from lead poisoning. With reference to its previous comments, the Committee notes with interest the formulation and adoption, under section 113 of the Labour Code, of an occupational disease declaration form through which enterprises notify the competent authority of cases of occupational diseases. It notes the information on morbidity in cases of lead poisoning reported in the context of occupational risk insurance to the Social Security Institute and that there are no statistics relating to the mortality of working painters as a result of lead poisoning. The Committee therefore hopes that the Government will also take measures to obtain and supply statistics on cases of the deaths of working painters from lead poisoning, in accordance with Article 7(b) of the Convention.

CMNT_TITLE

The Committee notes the information provided by the Government in reply to its previous comments. The Committee notes with interest the adoption of the Ministerial Resolution of 2000 on industrial health in the workplace, which supplements the Regulations of 1966. With regard to the provisions of the Convention, and particularly Article 5(III), the Committee notes section 19(5) of the Ministerial Resolution, which provides that workers exposed to lead in its various compounds shall undergo specific examinations.

Article 6. With reference to its previous comments, the Committee notes that the Occupational Safety and Health Directorate has prepared a form for the notification of occupational diseases, which it submitted for approval to the National Health and Safety Council. According to the Government, this form will be used for enterprises to notify cases of lead poisoning when they occur so that the statistics envisaged in Article 7 of the Convention can be compiled. The Committee requests the Government to indicate whether the above form has been adopted and, if so, to provide a copy to the International Labour Office. The Committee also hopes that the Government will be able to compile statistics on lead poisoning, which should refer to both the morbidity and mortality caused by lead poisoning.

CMNT_TITLE

In comments it has been making for several years, the Committee has noted that the Government has not supplied any statistics concerning lead poisoning among working painters, as requested in the report form under Article 7 of the Convention. The Government stated earlier that the General Directorate of Occupational Health and Safety had been unable to compile the statistics requested because enterprises do not record such information, and added that the Ministry of Labour and Health is intending to establish the means for enterprises to report this type of information.

The Committee notes the information in the Government's last report that the two existing paint enterprises have reduced their production because of the economic recession and were inspected by the labour inspectorate.

The Committee noted that section 7 of the Regulations of 1996 concerning the use of white lead and other pigments in painting provides that cases of lead poisoning and suspected lead poisoning shall be notified to the Ministry of Health, in accordance with Article 5.III(a) of the Convention. It would recall that under Article 6 of the Convention, the competent authority is to take such steps as it considers necessary to ensure the observance of the regulations prescribed in pursuance of the Convention. The Committee hopes that the Government will be able to ensure in the near future that enterprises record cases of lead poisoning and suspected lead poisoning, in accordance with the regulations adopted pursuant to the Convention, so that it can compile the statistics on lead poisoning among working painters required under Article 7 of the Convention. The Government is asked to indicate progress made in this regard in its next report.

CMNT_TITLE

In comments it has been formulating for several years, the Committee has noted that the Government has not supplied any statistics concerning lead poisoning among working painters, as requested in the report form under Article 7 of the Convention. In its latest report, the Government has indicated that the General Directorate for Safety and Health has found it impossible to establish the relevant statistics as the enterprises have not provided the necessary information. The Government adds that the Ministry of Labour and the Ministry of Health are trying to establish measures to ensure that the enterprises report this type of information.

The Committee has noted that section 7 of the Regulations of 1966 concerning the use of white lead and other pigments in painting work provides that cases of lead poisoning and of suspected lead poisoning shall be notified to the Ministry of Public Health, in accordance with Article 5.III.(a) of the Convention. It would recall that, under Article 6 of the Convention, the competent authority is to take such steps as it considers necessary to ensure the observance of the regulations prescribed in pursuance of the Convention. The Committee hopes that the Government will be in a position, in the near future, to ensure that enterprises report cases of lead poisoning and suspected lead poisoning, in accordance with the regulations prescribed in pursuance of the Convention, so that the Government will be able to establish the statistics concerning lead poisoning among working painters called for under Article 7 of the Convention. The Government is requested to indicate, in its next report, the progress made in this regard.

CMNT_TITLE

The Committee notes that no report has been received from the Government. It notes that the Government has not supplied any statistics concerning lead poisoning among working painters for a number of years, as requested in the report form under Article 7 of the Convention. The Government is, therefore, requested to provide statistics on morbidity and mortality due to lead poisoning in its next report.