Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Article 1 of the Convention. Application to establishments, institutions and administrative services in which the workers are mainly engaged in office work. Article 17. Protection of workers against substances or processes which are obnoxious, unhealthy or toxic or for any reason harmful. Customs employees. In its previous comments, the Committee referred to Executive Decree No. 23116 MP which in various provisions reiterates that customs employees may work in an environment exposed to toxic gases. The Committee notes that the above Decree was repealed by Executive Decree No. 25592 of 1996 and that the General Directorate of Customs has adopted measures against risks, such as personal protective equipment against dust and organic vapour, and that prior to authorizing the operation of customs warehouses compliance is verified with the permit issued by the Ministry of Health, the operating licence and the respective policies of the National Insurance Institute. The Committee also notes that the regulations issued under sections 294 (procedures for ascertaining whether an activity or workplace is unhealthy or hazardous) and 300 (requirement for enterprises with over 50 workers to have made an assessment of their working conditions and environment) of the Act on employment risks have not yet been adopted. The Committee urges the Government to take all the necessary measures to issue regulations under sections 294 and 300, referred to above, and to provide information on the obstacles that have resulted in this legislation, which has been under examination for a number of years, not yet being adopted. It recalls that the Government may have recourse to the technical assistance of the Office and, in this respect, requests it to take into account its comments relating to Article 5 of the Convention.

Article 5 and Plan of Action (2010–16). Laws and regulations and prior consultation with the representative organizations of employers and workers. The Committee notes that, according to the information provided by the Government, the Occupational Health Council, the tripartite body responsible for this subject, is examining the draft text to reform the General Occupational Safety and Health Regulations. The Committee draws the Government’s attention to the availability of the technical assistance of the Office under the Plan of Action 2010–16 to achieve widespread ratification and effective implementation of the Occupational Safety and Health Convention, 1981 (No. 155), its Protocol of 2002 and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), which was adopted by the Governing Body in March 2010 (GB.307/10/2(Rev.)). The Committee reminds the Government that, under this Plan, the Office is offering technical assistance to governments so that, where appropriate, they can bring their law and practice into conformity with these key occupational safety and health Conventions with a view to promoting their ratification and effective implementation. The Committee also recalls the availability of the Office in relation to the preparation of reports on ratified Conventions. The Committee invites the Government to provide information on any requirements which may arise in this respect.

Part IV of the report form. Application in practice. The Committee notes Technical Report No. 092-2008, prepared by the Technical Secretariat of the Occupational Health Council. The Committee requests the Government to continue providing information on the application of the Convention in practice.