Safety and Health in Construction Convention, 1988 (No. 167) - Panama (RATIFICATION: 2008)

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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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The Committee notes the information provided by the Government in its report concerning the effect given to Articles 2(f) and 8 of the Convention.

Article 13 of the Convention. Safety of workplaces. With reference to its previous comments, the Committee notes the information supplied by the Government on the functions of “safety and health coordinator” or “resident engineer” and “safety official”. It also notes Executive Decree No. 19 of 20 February 2014, which amends section 12 of Executive Decree No. 15 of 3 July 2007 adopting emergency measures in the construction industry with a view to reducing occupational accidents. Executive Decree No. 19 defines the concept of use of the occupational safety and health fund in the construction industry, constituted by promoters or contractors, in order to specify appropriate use aimed at optimum performance and service. The Committee requests the Government to provide information on the results of the implementation of these measures in practice.

Application in practice. With reference to its previous comments, the Committee notes the information supplied by the Government, including on inspections carried out and the number of labour inspectors (118) and safety officials (124). The Committee also refers to its comments on the application of the Labour Inspection Convention, 1947 (No. 81), published in 2015, in which it took note of the observations made by the National Confederation of United Independent Unions (CONUSI) and the National Council of Organized Workers (CONATO) concerning the persistence of occupational accidents in the construction industry. The Committee requests the Government to supply information on occupational accidents in the construction industry and on any steps taken to improve the situation in the construction industry, and the results thereof. The Committee also requests the Government once again to provide information on the impact of safety surveys and plans and the monitoring thereof by the labour inspectorate and safety officials, and on the activities of the Standing Tripartite Committee on improvements in occupational safety and health in the construction industry.

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Referring to its observation, the Committee requests the Government to provide additional information on the following issues.

Article 2(f) of the Convention. Competent person. The Committee notes that Decree No. 2 uses the term “suitable professional” on various occasions. This title would appear to coincide with the term “competent person” within the meaning of this Article. The Committee requests the Government to provide information, according to its law and technical standards, on who is the “competent person”, within the meaning of Article 2, whom the legislation designates to perform the duties indicated in Articles 14(4), 15(1)(d), 17(3), 20(2) and (3), 22(1), 24(b), 26(1) and 27(b) of the Convention.

Article 8. Coordination whenever two or more employers undertake activities simultaneously at one construction site and cooperation whenever employers or self-employed persons undertake activities simultaneously at one construction site. The Committee notes the legislation indicated by the Government concerning the sharing of responsibility between the various parties working on construction sites. Nevertheless, this Article mainly calls for proactive measures aimed at coordination and cooperation for the purposes of prevention. The Committee understands that the general regulations on occupational hazard prevention give effect in general this Article. Nevertheless, so that the Committee may have a clearer picture of the conformity of the legislation to this Article of the Convention, it requests the Government to provide information on each paragraph of this Article of the Convention and on its application in practice, indicating whether the latter presents any obstacles and, if so, of what kind.

Article 13. Safety of workplaces. The Committee notes with interest the term “safety coordinator” referred to by section 17 of Decree No. 2 and also that of “safety official” referred to by Decree No. 15 of 2007 and also referred to in section 9 of Act No. 68 of 2010. The Committee requests the Government to clarify whether these are two separate functions or are different titles for the same function.

Part VI of the report form. Application in practice. The Committee notes the information supplied by the Government. It requests the Government to supply a general description of the application of the Convention in practice, including the impact of safety surveys and plans and the activities of the Standing Tripartite Committee on improvements in occupational safety and health in the construction industry.

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The Committee notes with interest the detailed first report of the Government and in particular Decree No. 2 of 15 February 2008 regulating safety, health and hygiene in the construction industry; Executive Decree No. 15 of 3 July 2007 and Act No. 68 of 26 October 2010, which establish a preventive, progressive, coordinated and tripartite approach to health and safety in construction. It notes the Government’s indication that Decree No. 2 was drawn up by the Interinstitutional Technical Committee on Occupational Safety and Health, a standing advisory body which was consulted extensively together with the Panamanian Construction Industry Board (CAPAC) and construction industry workers’ organizations, such as the Single National Union of Construction Industry and Allied Workers (SUNTRACS). It contains detailed technical provisions relating to health and safety in the various processes and activities of the construction industry, establishes the principle of prevention by means of identification, monitoring, elimination or reduction of hazard factors, and covers notification, consultation, tripartite participation and training of workers and employers. It also establishes the obligation to draw up, during the project planning phase, a study on occupational safety and health (OSH) and a plan resulting from the study, the cost of which must be included in the budget for performance of the work (section 12 of the regulations). The following sections lay down the minimum requirements for the study and safety plan and the obligation to designate a safety coordinator during the execution of the works. Section 400 of the regulations sets up a standing tripartite committee for improvements in OSH in the construction industry, with the participation of representatives of the construction workers, one of which is to be SUNTRACS and the other the National Council of Organized Workers (CONATO), two representatives of the employers in the construction industry, one of whom will come from CAPAC and the other from the National Council for Private Enterprise (CONEP), and two representatives of the Government. The task of this committee is to keep the regulations up to date, in line with any innovations in the construction industry. Decree No. 15 of 2007 introduced the concept of the occupational safety official, a post which is filled by engineers or architects specializing in OSH. The Decree also establishes a database of persons who may perform this function, which will be at the National Directorate for Labour Inspection and, in order to ensure the independence and objectivity of safety officials, establishes a fund for OSH in the construction industry with contributions from contract promoters. The Ministry of Labour designates the safety officials. Act No. 68 of 26 October 2010 establishes fines for persons who do not comply with this requirement and states that the “resident suitable professional” must be a constant presence during the execution of the work and lays down monetary fines in connection with the exercise of the profession. The report also indicates that 50 safety officials have just been appointed, of whom 43 perform their duties in the province of Panama, in view of the boom in the construction industry. In addition, a special unit has been established of inspectors for the construction industry, and the 2012 budget for the National Directorate for Labour Inspection includes a provision for hiring more inspectors and safety officials. The Government also states that ongoing training is provided for inspectors in the areas of safe conduct, basic safety and health concepts, physical hazards, electrical hazards and hazards from vibration. The Committee welcomes the legislative and practical measures adopted and requests the Government to continue to supply information on any changes in the legislation.

Plan of Action 2010–16. The Committee wishes to take this opportunity to inform the Government that in March 2010 the Governing Body adopted the Plan of Action 2010–16 to achieve widespread ratification and effective implementation of the Occupational Safety and Health Convention, 1981 (No. 155), its 2002 Protocol, and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) (GB.307/10/2(Rev.)). The Committee draws the Government’s attention to the fact that, under this Plan, the Office provides technical assistance for governments, where applicable, so that they can bring their law and practice into conformity with these key occupational safety and health instruments, with a view to promoting the ratification and effective implementation thereof. The Committee also reminds the Government that it may avail itself of assistance from the Office with regard to the preparation of reports on ratified Conventions. Noting that Panama has not ratified these key Conventions which cover all workers in all sectors of activity, the Committee requests the Government to provide information on any needs that may arise in this regard.

The Committee is raising other points in a request addressed directly to the Government.