Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Safety and Health in Construction Convention, 1988 (No. 167) - Dominican Republic (Ratification: 1998)

The Committee notes the Government’s detailed report. It notes also Resolution No. 3-09, by which the National Congress approves the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), and that the final steps are being taken for its ratification. The Committee requests the Government to continue providing information on this subject.

Follow-up to the comments by trade unions. High level of informality in the construction sector. In its previous comments, the Committee examined, firstly, a communication from the Autonomous Confederation of Workers’ Unions (CASC), the National Confederation of Trade Union Unity (CNUS) and the National Confederation of Dominican Workers (CNTD) and, secondly, certain information provided by the Government in its report. The trade unions indicated that with the crisis in and the privatization of the sugar industry, tens of thousands of agricultural workers lost their jobs and moved to the east of the country, where the development of tourism requires workers for the construction of hotel complexes, and that according to the calculations of the Association of Housing Project Builders, 95 per cent of the workers employed in construction in tourist areas are Haitian. In Santo Domingo the percentage is lower, but Haitian workers are in the majority in the construction sector. The trade unions basically considered that, although the legislation is adequate and they recognize the authorities’ efforts to comply with the obligations deriving from ratified ILO Conventions, there are serious problems of application in practice. They referred to the high rate of accidents in the sector, the shortcomings of the labour inspectorate, the majority of workers who are in the informal economy who are unprotected and ill-prepared to cope with such risks, and the lack of prevention by the enterprises. The Committee will examine these issues below.

Article 1 of the Convention. Scope of application. In relation to its previous comments, the Committee notes the Government’s indication that the Convention applies to all construction activities and that Ministerial Resolution No. 04 of 2007 provides in section 2.3.17) that it also applies to self-employed or own account workers. The Committee once again requests the Government to provide information on the action taken to ensure that the Convention is effectively applied to all construction workers and to provide information on the manner in which its application to unregistered workers who, according to the trade unions, constitute the majority of workers in the sector is ensured.

Article 3. Consultations. The Committee notes that, according to the Government, consultations were held within technical working groups, with the participation of the most representative organizations of employers and workers, which it names. The Committee requests the Government to continue providing information on the consultations held during the period covered by its next report, with an indication of the subjects and outcomes of the consultations. In addition, taking into account that the country’s construction sector is thriving and the high levels of informality in that industry, the Committee requests the Government to develop action, in consultation with the social partners, to address the situation and to provide information in this regard.

Article 9. Design and planning of a construction project. With reference to its previous comment, the Committee notes that the decision under which the authorities issuing building permits must notify the Ministry of Labour of applications for permits is still under review. The Committee requests the Government to provide information on this subject and on any other measure taken to ensure, in practice, that the persons responsible for designing and planning construction projects fulfil their duty to take into account the safety and health of construction workers, in conformity with national law and practice.

Part III. Preventive and protective measures. Article 35. Labour inspection. In its previous comments, the Committee, taking into account the problems of application in practice reported in the communication from the trade unions, requested information on the measures adopted to ensure the enforcement of the preventive and protective measures set out in the Convention, and on the labour inspectorate. The Committee notes the Government’s indication that the Ministry of Labour has made a special effort to guarantee the safety and health of workers in construction. The Committee takes note with interest of the organization of a tripartite technical group in which agreement was reached on ten basic points applicable to registered, unregistered and self-employed workers: (1) free and permanent access to drinking water; (2) safe work at heights; (3) informing and training of workers on the risks to which they are exposed; (4) a joint occupational safety and health committee; (5) free, safe and high-quality personal protective equipment; (6) sanitation facilities; (7) eating facilities; (8) first-aid kits; (9) vaccinations; (10) an occupational safety and health programme implemented by competent personnel. It also notes that, in order to comply with the regulations, the Directorate General of Industrial Health and Safety (DGHSI) has compiled a checklist of safety and health conditions in construction and that it uses that list for each initial inspection of construction sites. The elements to be inspected include a section exclusively on scaffolding and another on working at heights. In addition, the Government mentions joint operations carried out by the labour inspectorate and the DGHSI in which it was found that there are 25,226 construction workers covered by an occupational safety and health management system and 109 trained and operational safety and health committees. The Committee requests the Government to continue supplying information on the activities carried out during the period covered by its next report that are intended to ensure the application in practice of this section of the Convention, including on the application in practice of the ten basic points listed above.

Article 33. Information and training. The Committee notes that 23 training activities were carried out and that, with the participation of 91 workers from 28 inspected construction sites, information was gathered to enable the DGHSI to design information strategies which were presented to the three trade unions. The Committee requests the Government to continue providing information on this matter.

Article 34. Notification of accidents and diseases. The Committee notes the Government’s indications that the Ministry of Labour is leading a process to develop a national strategy for the reduction of occupational accidents in the construction sector. The strategy will focus on the implementation of the single registry of suppliers and contractors, with the aim of establishing a training system. The Committee requests the Government to provide information on any progress made in this area. Please also indicate how accidents and diseases involving unregistered workers are reported, taking into account the trade unions’ comments indicating that these workers are outside the social security system, which appears to be the means of reporting occupational accidents.

Part IV of the report form. The Committee notes a decision by the Supreme Court of Justice, dated 29 February 2012, regarding the safety and health conditions of employees of a hospital, according to which “considering that all employers in general have a duty of safety, and that this is heightened and reinforced in institutions with a focus on health, this involves the operation of a health and safety committee, the inexistence or inactivity of which, especially in enterprises of this nature or that involve high-risk activities or products involving health risks, constitutes serious and inexcusable misconduct …”. The Committee requests the Government to continue providing full information on this subject.