Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

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

1. The Committee refers to the observations made by the Association of Customs Officers (ASEPA), alleging that Executive Decree No. 23116-MP, published in Gazette No. 76, of 21 April 1994, is not in conformity with the Convention and notifying of the appeal against this Executive Decree, which was dismissed on its merits. The Committee notes the Government's comments to the effect that the Executive Decree was the result of a technical study carried out by the Civil Service General Directorate.

The Committee notes that Executive Decree No. 23116-MP contains the descriptions and characteristics of classes of posts in the customs administration without any direct relationship with the application of the Convention. Nevertheless, these descriptions indicate that certain posts such as customs handlers and customs operations technicians I and II may be exposed to dust, humidity, noise and toxic gasses in the workplace. The Committee requests the Government to provide information on the measures adopted to prevent and limit occupational hazards due to air pollution and noise and to protect workers in the classes indicated against such hazards.

2. With reference to its observation made in 1994, the Committee expresses the hope that in the near future the necessary measures will be taken to guarantee application of the following Articles:

Article 8, paragraphs 1 and 3, of the Convention. 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 refuse registration for the use of such substances when 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 are 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.

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 vibration. The Government is requested to indicate, in its next report, the measures taken to establish criteria for determining the hazards of exposure to vibration 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 or 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 requested the Government to indicate the steps taken to ensure that pre-assignment and periodical medical examinations are provided to workers at no 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 during the course of employment. In regard to 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, occupational health care must include pre-assignment and periodical medical examinations for workers who are exposed or liable to be exposed to occupational hazards due to air pollution, noise or vibration in the workplace and that these examinations must entail no 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 the provisions of the Convention.

Article 12. In its previous comments, the Committee requested the Government to indicate the processes, substances, machinery and equipment, to be specified by the competent authority, which expose workers to occupational hazards, the use of which must be notified to the competent authority 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, the Occupational Health Council has had to postpone the preparation of a list of dangerous substances. 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 occupational hazards due to air pollution, noise or vibration, the use of which is to be notified to the competent authority for control or prohibition.