Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) - Costa Rica (Ratification: 1981)

The Committee notes the information provided by the Government in its latest reports, in particular the measures taken as part of the reorganization of the National Council for Occupational Health to establish inter-institutional committees for the revision of occupational safety and health standards. The Government has also indicated that a study was undertaken of the existing regulations with respect to air pollution, noise and vibration, but that a formal draft revision had not yet been proposed. The Committee further notes with interest the Government's indication that ILO technical assistance has been requested with the aim of bringing the regulations concerning air pollution, noise and vibration up to date and drafting overall regulations on occupational safety and health. In this regard, the Government may also wish to give consideration to adopting technical standards or codes of practice for the practical implementation of the laws and regulations to be adopted in accordance with Article 4, paragraph 2 of the Convention. The Committee hopes that the necessary measures will be taken in the near future and that they will ensure the application of the following Articles:

Article 8, paragraphs 1 and 3

1. Air pollution. The Committee notes with interest Decree No. 21406-S of 22 June 1992 regulating the registration and control of toxic substances and products and dangerous substances, products and objects. It further notes that section 12 of Decree No. 21406-S sets forth a classification list and definition of dangerous and toxic substances, while section 8 empowers the Minister of Labour to cancel or deny registration for the use of such substances when, among others, the product is considered to be highly dangerous to human beings or domestic animals. The Government has also indicated, in its report, that the criteria defined by international organizations with respect to air pollution is followed in the country. The Government is requested to indicate, in its next report, the specific international criteria with respect to air pollution to which it refers and the exposure limits, if any, specified on the basis of these criteria. The Government is also requested to indicate the manner in which these criteria, and any exposure limits, are periodically reviewed, in the light of current national and international knowledge and data.

2. Vibration. The Committee notes that Decree No. 10541-TSS of 14 September 1979 regulating the control of noise and vibration only sets forth general provisions concerning the reduction of vibrations. The Government is requested to indicate, in its next report, the measures taken to establish criteria for determining the hazards of exposure to vibrations in the working environment and any exposure limits specified on the basis of these criteria.

Article 9. In comments it has been making since 1985, the Committee has requested the Government to indicate the steps taken to prescribe technical measures for design or installation or, where this is not possible, supplementary organizational measures, for the protection of workers against the hazards due to air pollution. The Government is requested to indicate, in its next report, the steps taken or envisaged to ensure the application of this Article of the Convention in respect of air pollution.

Article 11, paragraphs 1 and 2. In previous comments, the Committee has requested the Government to indicate the steps taken to ensure that pre-assignment and periodical medical examinations are provided to workers without cost to them. The Government has indicated that, at present, no obligation rests upon the employer to submit employment applicants to medical examinations, although some employers do provide for such examinations prior to and periodically during the course of employment. As concerns periodical examinations, the Government has indicated that the health of workers is supervised when the competent authority considers it necessary (for example, when: exposure limits have been exceeded; minimum safety standards have not been met; technical control measures are not the most adequate). The Committee would recall that, under this Article of the Convention, pre-assignment and periodical medical examinations are to be provided to workers who are exposed or liable to be exposed to occupational hazards due to air pollution, noise or vibration and these examinations are to be free of cost to the worker concerned. The Government is requested to indicate, in its next report, the measures taken or envisaged to ensure that workers exposed to these hazards are provided with pre-assignment and periodical medical examinations, in accordance with this provision of the Convention.

Article 12. In its previous comments, the Committee has requested the Government to indicate the processes, substances, machinery and equipment, to be specified by the competent authority, the use of which must be notified for authorization to be granted under prescribed conditions or for prohibition. The Government indicated in its report for the period ending June 1985, that a list of dangerous substances was being prepared as part of the National Occupational Safety Plan (1985-90). In its latest report, the Government has indicated that, due to insufficient staffing on the Occupational Health Council, the preparation of a list of dangerous substances has been postponed. The Government is requested to indicate, in its next report, the progress made in establishing a list of processes, substances, machinery and equipment, involving the exposure of workers to air pollution, noise or vibration, the use of which is to be notified to the competent authority for authorization, control or prohibition.