Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Hygiene (Commerce and Offices) Convention, 1964 (No. 120) - Costa Rica (Ratification: 1966)

1. The Committee notes the Government’s report received in September 2005.

2. It also notes the comments sent in October 2006 by the Union of Public and Private Enterprise Workers (SITEPP), which refer, among other matters, to occupational health and particularly air pollution in workplaces. Since these comments are relevant to the application of the Convention, the Committee asks the Government to send information in response to them.

3. Article 1 of the Convention. Application of the Convention to establishments, institutions and administrative services in which the workers are mainly engaged in office work. For several years, in its comments on the application of the Convention the Committee has been drawing the Government’s attention to the observations made by the Association of Customs Officials (ASEPA) stating that under Executive Decree No. 23116-MP, customs employees may be transferred, depending on the nature of their duties, to different parts of the country, indefinitely in some cases, and that in some instances they may be exposed to heat, cold, dust, damp, noise, toxic gases, and cramped and uncomfortable conditions. They may also be exposed to eye strain, knocks, burns and other risks. In view of the fact that Article 1 of the Convention specifies that the Convention applies to trading establishments and establishments, institutions and administrative services in which the workers are mainly engaged in office work, the abovementioned Decree needs to be amended in order to give full effect to the Convention. The Committee observes that the Government has not addressed the above issue and has not, as yet, responded to the matters raised by ASEPA. It accordingly requests the Government once again to provide information on the matters raised by ASEPA and to take the necessary steps to ensure that the legislation in question establishes suitable conditions for customs employees.

4. Article 17. Protection of workers against substances, processes and techniques which are obnoxious, unhealthy or toxic or for any reason harmful. The Committee observes that the abovementioned Executive Decree states several times that various categories of customs employees may work in an environment where there are toxic gases. The Committee hopes that the Government will take the necessary steps to bring these provisions of the Decree into line with this Article, and requests it to provide information on the measures taken to improve customs employees’ working conditions as regards hygiene.

5. Part IV of the report form. Application of the Convention in practice. The Committee would be grateful if the Government would provide information on the practical effect given to the Convention (extracts of inspection reports, statistics, if any, on the number of workers covered by the legislation applying the Convention).