Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Safety Provisions (Building) Convention, 1937 (No. 62) - Peru (Ratification: 1962)

The Committee notes the observations made by the Confederation of Workers of Peru (CTP) received along with the Government’s report on 1 September 2014 and received again separately on 15 September 2014. It also notes the observations by the Autonomous Workers’ Confederation of Peru (CATP), received on 1 September 2014.

Legislation. The Committee notes the Government’s reference, in particular, to the Occupational Safety and Health Act (LSST), No. 29783, and its regulations approved by Supreme Decree No. 005-2012-TR, which repeals Supreme Decree No. 009-2005-TR, and Technical Building Standard G-050 on safety in construction, approved by Supreme Decree No. 010-2009-VIVIENDA. The Committee also notes that, according to the CTP, neither the LSST, nor the national policy on occupational safety and health refer to construction, and that the Technical Building Standard referred to by the Government, although it is important for ground stability, does not contain preventive measures. As the Government confines itself in its report to forwarding the observations made by the CTP without making its own comments, the Committee requests the Government to provide its comments on this matter.

Article 6 of the Convention. Requirement to provide the latest statistical information relating to the number and classification of accidents. With reference to its previous comments, the Committee notes the statistical data provided by the Government which indicate that 1,863 non-fatal accidents were notified in construction in 2012, and 2,758 in 2013, while 25 fatal accidents were notified in 2012 and 18 in 2013. In this regard, the CATP indicates that: (1) not all cases of accidents are normally notified, and that no effective action has been taken in this regard by the Government; and (2) fatal work-related accidents are declared as common fatal accidents. On the first point, the CATP emphasizes that in 2013 a total of 45 workers died in the construction industry, and that this information was provided to the union by the families of the victims, while the Government reports 18 accidents because its statistics are based on the requirement for the employer to declare accidents and, although failure to declare them is a very serious violation, it does not generally give rise to effective sanctions. On the second point, the CATP indicates that, in order to avoid investigations, there have been cases, particularly in remote areas, when employers have described cases of death due to employment accidents as deaths as a result of fighting, and even suicide. The CATP calls in particular for an improvement in the effectiveness of labour inspection and for work to be stopped more frequently as a preventive step, when prevention measures are not taken or the essential authorizations have not been obtained. The Committee requests the Government to make its comments on this subject and, in particular, to adopt measures to reinforce labour inspection in the construction sector, to resolve the failure to notify all cases of accidents and to ensure that its system of labour statistics takes into account cases that are not notified by the employer, but which are brought to light by those concerned, the trade unions, the labour inspectorate or other means, and to provide information on this matter.