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

Occupational Health Services Convention, 1985 (No. 161) - Uruguay (Ratification: 1988)

Article 2 of the Convention. Formulation, implementation and periodic review of a coherent national policy on occupational health services, in consultation with the most representative employers’ and workers’ organizations. With reference to its previous comments, the Committee notes the Government’s statement that the National Occupational Safety and Health Council (CONASSAT) has been working for a long time on regulations to apply the present Convention. A draft was drawn up in the 1990s but did not bear fruit because of a lack of tripartite consensus. The necessary consensus has now been found to launch a real process with a view to the application of the Convention, in a way which does not entail added costs for enterprises, especially because most enterprises in the country are small or medium-sized. A commission is working on the draft with a view to submitting it to CONASSAT, which has already adopted a favourable position in this respect. The Government emphasizes that the current regulatory work implies the organization of occupational health services as part of the health reforms recently initiated in Uruguay, which were duly notified to the Office, and indicates the relevant legislation adopted between 2005 and 2009. On examining the application of various occupational safety and health Conventions by Uruguay, the Committee notes the adoption of legislation that gives effect to those Conventions; and that this was drawn up on a tripartite basis and tripartite supervisory bodies were also set up. The Government has also sent a draft copy of a generic occupational safety and health policy, which was drawn up under the auspices of the Social Security Bank in November 2006 and contains a chapter on occupational health services. The Committee requests the Government to ensure, prior to the adoption of the aforementioned draft, that effect is given to the provisions of the present Convention and to continue to provide information on any further developments in this respect. Furthermore, reaffirming that the national policy to which this Article refers basically implies a constant dynamic of ongoing improvement, based on the evaluation of the application of national policy, the Committee requests the Government to send information on the manner and frequency of the revision of national policy, the results of such evaluation and the spheres of action identified for making future improvements.

Article 3. Progressive establishment of health services for all workers. Plans for the establishment of health services. With reference to its previous comments, the Committee notes that the Government again refers to the draft generic occupational safety and health policy, of which it sent a copy, which includes a chapter on occupational health services and indicates that the draft aims for the universal implementation of such services. The Committee welcomes this information and also notes that the Government has not provided any information for a number of years on the effective application of this Article and reminds it that, since this is a ratified Convention, the Government has the obligation to give effect to the provisions of the Convention and provide information in this respect. The Committee therefore again requests the Government to supply information on occupational health services actually operating during the next reporting period, in the public and private sectors and in cooperatives, and on the plans to establish such services in sectors where they do not exist, clearly indicating the sectors concerned.

Article 5. Occupational health services. Adequate and appropriate functions with respect to the occupational risks of the undertaking. With reference to its previous comments, the Committee notes the Government’s indication, as in the previous paragraph, that it is unable to supply information because legislation to give effect to the Convention is being drawn up. The Committee requests the Government to provide information on the effect given to each paragraph of the present Article during the next reporting period.

Articles 8, 9, 12, 13, 14 and 15. The Committee notes that, in general, the Government provides information relating to the draft regulations or partial information which does not fully reply to the questions raised by the Committee. The Committee reminds the Government that for it to have a current picture of the application of the Convention the Government needs to supply up-to-date information on the actual effect given to the provisions of the Convention and, pending the adoption of the new regulations, the Government must take the necessary measures to ensure the application of the provisions of the Convention and provide information in this respect. The Committee therefore requests the Government to supply information in reply to the issues raised by the Committee in its direct request of 2006 regarding Articles 8, 9, 12, 13, 14 and 15 of the Convention, ensuring that the information supplied corresponds to the next reporting period, so that the Committee can gain a fuller picture of the application of the Convention.

Part VI of the report form. Application in practice. The Committee notes that the sectoral tripartite commissions are directing the actions of the bipartite commissions at enterprise level towards hazard reduction, that individual health records have undergone substantial changes enabling the worker’s general state of health to be determined, and that major enterprises have occupational physicians and nursing services. The Committee requests the Government to supply general information on the manner in which the application of the Convention is ensured during the next reporting period.