Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

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

With reference to its previous comments, the Committee notes the Government's reply, and in particular, its comments in respect of the observations made by the Association of Customs Officers (ASEPA), as well as other information contained in its report.

The Committee notes that the Government's comments regarding the observation by ASEPA, refer both to national and international provisions in respect of labour conditions, including the reproduction of several Articles from the present Convention. However, the Committee recalls that it had requested the Government to indicate the measures adopted to prevent and limit occupational hazards due to air pollution and noise to protect workers in posts such as customs handlers and customs operations technicians (categories I and II), who may be exposed to dust, humidity, noise and toxic gases in the workplace. The Committee consequently reiterates its request, and hopes that the Government will communicate detailed information in its next report on the measures adopted accordingly.

Article 8, paragraphs (1) and (3) and Article 9, of the Convention. The Committee notes the information supplied by the Government on the international institutions whose criteria serve to define the hazards and exposure limits to air pollution, noise and vibrations. In respect of air pollution, it notes the amendment to section 50 of the National Political Constitution and of the decrees indicated regarding use of pesticides. The Committee would be grateful if the Government would indicate the frequency with which exposure limits to air pollution, noise and vibrations are reviewed at national level, as well as the instruments which apply the aforementioned international standards within the country, specifying the texts (legal or regulatory), and including a copy thereof.

Article 11, paragraphs (1) and (2). For some years now the Committee has been asking 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 indicates that in conformity with Decree No. 18323, of 11 July 1988, all workers working with pesticides have this right. The Committee recalls that this provision applies to all workers who may be exposed to hazards due to air pollution, noise or vibration. The Committee hopes that the Government will adopt the measures to give full application to this provision of the Convention in the near future.

Article 12. The Committee notes with interest Decree No. 21406-S, of 22 June 1992, monitoring and registration regulations for toxic products or substances and dangerous substances, products and objects. It notes that the responsible authority for the registration and monitoring of these substances and objects is the Department for Monitoring and Registering of Dangerous Substances and Occupational Medicine (DSTMT). The Committee would be grateful if the Government would supply information on any conditions prescribed by this authority for the use of processes, substances, machines or materials, and on any prohibitions issued by the same authority, as well as on texts (administrative decisions or others) which specify toxic products and substances, and dangerous objects and products.

Part IV of the report form. The Committee would be grateful if the Government would supply information on the practical application of the Convention, for example, extracts from the reports of the inspection services, statistics, if possible, regarding the number of workers covered by the legislation which applies the Convention, etc.