Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

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

The Committee notes the observations of the Union of Chambers and Associations of Private Enterprise of Costa Rica (UCCAEP), provided with the Government’s report.

Article 4 of the Convention. National legislation. The Committee notes the information provided by the Government in its report in reply to its previous direct request relating to the adoption of the general occupational safety and health regulations. In particular, it notes that the Government still has not adopted the general occupational safety and health regulations, which would regulate various matters relating to air pollution. It also notes that the Government reaffirms its commitment to adopting these regulations. Furthermore, the Committee notes that the UCCAEP’s observations highlight the work carried out by the Occupational Health Council (CSO), which is tripartite, and which is responsible for improving the safety and health conditions of workers by preparing regulations based on technical criteria. The Committee once again requests the Government to take all necessary measures to adopt the general occupational safety and health regulations and to provide information on any developments in this respect.

Article 8(1) and (3). Criteria for determining the hazards of exposure to air pollution, noise and vibration. Exposure limits and their regular revision. The Committee notes the information provided by the Government in its reply to its previous direct request relating to the criteria and procedures for the incorporation into national texts of internationally fixed limits and for updating them. The Committee notes that the Government once again refers to the standard INTE 31-08-04-01, version 2001, concerning the maximum concentration levels authorized at workplaces, and standard INTE 31-09-16-00, version 2000, which is applied in workplaces where noise is generated. However, the Committee notes that INTE technical standards are observed on a voluntary basis. With regard to noise and vibrations, the Government indicates that the Regulations to control noise and vibrations, adopted by Decree No. 10541, of 14 September 1979, are being revised with a view to updating the technical content relating to noise and vibrations, and that the proposed Regulations would be presented to the CSO at the end of 2015. The Committee notes Decree No. 11492, amending the Regulations on occupational health, establishing, in section 6, noise limits defined as disturbing, and Decree No. 32692-S, establishing the procedure for measuring noise. The Committee recalls that, in accordance with Article 8(3) of the Convention, criteria and exposure limits shall be established, supplemented and revised regularly in the light of current national and international knowledge and data. The Committee once again requests the Government to send information on the revision process under way of the Regulations to control noise and vibrations. The Committee also requests the Government to provide information on the application in practice of the INTE standards, indicating whether the labour inspectorate monitors the compliance with those.

Article 11(1) and (3). Periodical medical examinations. Discontinuation of an assignment to work when continuation is considered medically inadvisable. Suitable alternative employment or maintenance of income. In its previous comments, the Committee noted the application of this Article relating to agrochemicals, and in particular Executive Decree No. 33507-MTSS of 8 January 2007, and it requested information on the nature and frequency with which workers’ health is supervised and on the application of these provisions in practice. The Committee notes the Government’s information on the training activities conducted and information disseminated in relation to the Convention. In relation to the agricultural sector, it notes: the production of an illustrated booklet on the medical examinations to be undergone by workers performing work involving the handling or use of pesticides, which was distributed among employers and workers; the appointment and training of 40 labour inspectors for the agricultural sector; and the development of training programmes for good practices in the use of pesticides. The Committee notes, however, that the Government does not provide the information requested in its previous comment on periodical medical examinations. The Committee once again requests the Government to provide information on the measures taken for the application of this Article to all workers and sectors of activity.