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

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

1. The Committee notes the information provided by the Government in its report. It notes in particular that the Government has provided a copy of the Regulations respecting the registration and monitoring of toxic products or substances and hazardous substances, products or materials, which give effect to Article 12 of the Convention. It also notes the observations provided in October 2006 by the Public and Private Enterprise Workers’ Union (SITEPP) which refer, among other matters, to occupational health issues.

2. With reference to the observations made earlier by the Association of Customs Officials (ASEPA) in relation to the application of this Convention, the Committee notes the Government’s reference to the information provided in the report on Convention No. 120 and observes that once again the Government has not provided a reply to its request for the necessary information. The Committee recalls that it noted the Government’s indications relating to 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, who may be exposed to dust, humidity, noise and toxic gases in the workplace. The Committee is bound to renew its request for information and hopes that the Government will adopt the measures specified and will provide information on the results achieved in this respect.

3. Article 8, paragraphs 1 and 3, and Article 9 of the Convention. Establishment and regular revision in the light of current national and international knowledge and data of criteria for determining the hazards of exposure to air pollution, noise and vibration in the working environment. The Committee notes the Government’s indication in its latest report that the exposure limits for air pollution which have been determined are based on the criteria adopted by the American Conference of Governmental Industrial Hygienists. The Committee observes the Government’s indication that the limits are revised annually by the national authorities in accordance with the publications of the above organization. The Committee requests the Government to describe the process of revising the exposure limits to air pollution, as well as to noise and vibration.

4. Article 11, paragraphs 1 and 3. Medical examinations. The Government indicates in its latest report that, through the Ministry of Labour and Social Security, a request has been made to the Occupational Health Council for the necessary studies to be undertaken to comply with the comments of the Committee and that the Government will be in a position to provide a satisfactory reply in the near future. The Committee hopes that the studies concerned will be undertaken without delay and that the necessary measures will be adopted to give effect to these provisions of the Convention.

5. The Committee notes the information on violations of labour laws identified at the national level in the year 2000. It would be grateful if the Government would continue to provide updated information on the application of the Convention in practice (extracts from the reports of the inspection services and statistics, where they are available, on the number of workers covered by the legislation giving effect to the Convention).

6. The Committee notes the observations made in October 2006 by the SITEPP which refer, among other matters, to occupational health issues, and particularly air pollution in the workplace. The Committee requests the Government to provide information in reply to the above observations.

[The Government in asked to reply in detail to the present comments in 2008.]