Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

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

The Committee notes the information contained in the Government’s report. The Committee notes that the Government has once again not replied to its request for information concerning the observations made by the Association of Customs Officers (ASEPA) relating to the application of this Convention. The Committee recalls that it noted the Government’s comments regarding both national and international provisions respecting conditions of work, including several provisions of this Convention. On that occasion, the Committee requested the Government to provide information on the measures adopted to prevent and limit occupational hazards due to air pollution and noise with a view to protecting persons working 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 is bound to reiterate its request and hopes that the Government will indicate the measures adopted and will provide information in its next report on the results achieved in this respect.

Articles 8, paragraphs 1 and 3, and 9 of the Convention. The Committee recalls that it noted the information provided by the Government on the provisions contained in the Regulations to control noise and vibrations, Decree No. 10541-TSS, of 14 September 1979, defining the risks of exposure to air pollution, noise and vibration at the workplace. The Committee notes the Government’s statement in its last report that the exposure limits in relation to air pollution have been fixed on the basis of the so-called time-weighted average (TWA) concentration adopted by the American Conference of Governmental Industrial Hygienists for a working day of eight hours and a working week of 48 hours. The Committee notes that the Government specifies that the limits set and the investigation criteria under which the TWAs were determined are adjusted annually by the above international organization. However, the Committee wishes to reiterate its request for the Government to indicate the frequency with which exposure limits to air pollution, noise and vibration are reviewed at the national level.

Article 11, paragraphs 1 and 3. The Committee regrets to note that, in reply to its request, the Government refers once again to Decree No. 18323. As indicated previously, the above Decree provides for the medical examination of workers exposed to pesticides. The Committee recalls that Article 11 of the Convention provides that there shall be supervision at suitable intervals, on conditions and in circumstances determined by the competent authority, of the health of workers exposed or liable to be exposed to occupational hazards due to air pollution, noise or vibration in the working environment. Such supervision shall include a pre-assignment medical examination and periodical examinations, as determined by the competent authority. The supervision provided for in the above paragraph of this Article shall be free of cost to the worker concerned. The Committee therefore urges the Government to take the necessary measures to give effect to the provisions of this Article of the Convention, which is not limited to covering workers exposed to pesticides.

Article 12. The Committee recalls that it requested the Government to provide information on any conditions prescribed by the regulations respecting the monitoring and registration of toxic products or substances and to indicate the manner in which hazardous substances, products or materials, and procedures, machinery and materials are monitored and used, and on any prohibitions prescribed by the above authority, as well as texts (administrative and other decisions) which specify toxic products and substances, and hazardous objects and products. In its report, the Government refers to Decree No. 21406-S of 22 June 1992. However, a copy of the above Decree was not supplied. The Committee requests the Government to provide a copy of the above Decree so that it can be examined by the Committee.

The Committee would be grateful if the Government would provide information on the application of the Convention in practice, including for example extracts of reports of inspection services and statistics, where they exist, of the number of workers covered by the laws and regulations giving effect to the Convention, etc.