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

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

Protection of workers particularly exposed to air pollution, noise and vibration at the workplace. With reference to its previous comments, the Committee notes the information supplied by the Government concerning prevention activities in the customs sector. The Committee also notes communication DMHSO No. 110-2010 of 9 June 2010 from the Occupational Health Council, indicating, with reference to changes in the legislation, that work is continuing on amendments to the current general occupational safety and health regulations with a view to modernizing provisions in the areas of air pollution by physical, chemical and biological agents, hazard prevention and occupational medicine. The Committee notes the information supplied by the Government on consultations held with employers’ and workers’ representatives in this regard. It also notes that this is the fourth attempt to modernize the regulations in 25 years and that, according to the abovementioned DMHSO document, some years after Agreement No. 308-06 to move the project forward, the agreement has still not been implemented and the proposed regulations have still not been concluded. The Committee recalls that, pending the adoption of the new regulations, the Government has the obligation to ensure the application of the present Convention. The Committee requests the Government to take all necessary steps to expedite the adoption of the regulations and to supply information on all further developments.

Article 8(1) and (3) of the Convention. Criteria for determining the hazards of exposure to air pollution, noise and vibration. Exposure limits and regular revision thereof. The Committee notes the Government’s repeated indication that it uses as reference the threshold limit values (TLVs) set by the American Conference of Governmental Industrial Hygienists (ACGIH) and standard INTE 31-08-04-01 concerning the maximum air concentration levels authorized at workplaces, according to which the TLVs should be verified and updated each year on the basis of ACGIH data. The Committee again requests the Government to supply information on the criteria and procedures for incorporating the ACGIH limits into national regulations and on government controls or procedures to ensure that such updating takes place in practice. The Committee requests the Government to send examples of such updates, indicating current limits for exposure to air pollution, noise and vibration.

Article 11(1) and (3). Periodic medical examinations. Agrochemical products. With reference to its previous comments, the Committee notes the Government’s indication that there are 700 occupational health offices or departments registered with the Occupational Health Council which have preventive functions and offer free services. The Committee notes the Government’s reference to section 218 of the Occupational Hazards Act but also notes that this section does not refer to the examinations with which this Article of the Convention is concerned. Referring to the application of this Article with regard to agrochemical products, and in particular Regulation No. 33507-MTSS of 8 January 2007, which states that employers are required to provide preventive, periodical, follow-up and pre-reinstatement medical examinations for workers carrying out work involving the handling or use of agrochemical products (section 5(2) of the Regulation), the Committee notes that a Labour Commission was set up recently whose functions include determining the intervals at which examinations for agricultural workers should be held. The Committee reminds the Government that, while the Commission’s work is still in progress, the Government has the obligation to ensure the application of this provision in practice. The Committee requests the Government to provide information on any developments in this respect and again requests it to indicate the manner in which this provision of the Convention is currently applied, including information on the nature of the supervision, specifying in particular the nature and frequency of examinations prescribed and the application of these provisions in practice, especially for agricultural workers but also for all other workers in general.

Part IV of the report form. Application of the Convention in practice. The Committee notes the information on the number of workers protected by the legislation that applies the Convention in the context of occupational risk insurance. It also notes with regret the Government’s statement that it is not in a position to supply up-to-date information on the application of the Convention in practice owing to shortages of staff and material resources at the national labour inspectorate with regard to compiling specific statistics and classifying breaches of legislation reported in workplaces. The Committee referred to this matter in its comments in 2010, in the context of the follow-up to the application of the Labour Inspection Convention, 1947 (No. 81). The Committee requests the Government to take all possible measures to supply up-to-date information on the application of the Convention in practice.