Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

Occupational Safety and Health Convention, 1981 (No. 155) - El Salvador (Ratification: 2000)

1. The Committee notes the information provided in the Government’s last report, particularly in reply to the observations made by the Inter-Union Commission concerning the national occupational safety and health policy in El Salvador. In this respect, the Committee wishes to draw the Government’s attention to the following points.

2. Article 4. National policy. The Committee notes with interest the preparation of a draft national policy, the principal objectives of which are to issue directives for the prevention of work-related accidents and diseases and the promotion of occupational safety and health as a value and practice by contributing to the development of a participatory culture in this respect, in accordance with Convention No. 155. The Committee notes that this draft text, prepared by the National Occupational Safety and Health Commission (CONASSO), was the subject of a discussion on 18 August 2005 with the participation of the employer, worker and government members of the General Assembly of the Higher Labour Council, and the most representative trade union organizations, who made a significant contribution, which will be analysed with a view to its incorporation. The Committee also notes that the final document will be submitted in the very near future to the executive body for approval. The Committee requests the Government to provide a copy of the final document as soon as it has been adopted.

3. Articles 4 and 8. Laws and regulations relating to the national policy. The Committee notes the formulation of provisions to give effect to the fundamental principles of the national policy, namely: the strategic plan for occupational safety and health and the General Bill on the prevention of risks at the workplace. The Committee also notes the information that this Bill is now at an advanced stage and will be adopted in the near future, as will its implementing regulations, thereby giving effect to the provisions of the Convention. In this respect, the Committee reminds the Government that it can avail itself, if it so wishes, of the technical assistance of the Office. It hopes that the various texts referred to above will be adopted in the near future and requests the Government to provide copies as soon as they are adopted.

4. The Committee notes the implementation of a development assistance project, which has been replaced by the progressive implementation of a plan to strengthen the labour inspectorate with a view to improving its effectiveness and enforcing the law in practice. In this respect, the Committee requests the Government to keep it informed of any developments in the situation.

5. Part V of the report form. Practical application. The Committee requests the Government to provide extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the legislation, disaggregated by sex, if available, the number and nature of the contraventions reported, and the number, nature and cause of the accidents reported, as well as other relevant information that would allow the Committee to better appreciate the manner in which the Convention is applied in practice in the country.