Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Cuba

Occupational Safety and Health Convention, 1981 (No. 155) (Ratification: 1982)
Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) (Ratification: 2008)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 155 (occupational safety and health and the working environment) and 187 (promotional framework for OSH) together.

The Committee notes the observations of the Independent Trade Union Coalition of Cuba (CSIC) regarding the lack of consultation on the application of Convention No. 155 and the unreliability of the OSH statistics, and the Government’s reply in this respect.

The Committee notes that the Labour Code, issued by Act No. 116 of 20 December 2013, and the Regulations of the Labour Code, issued by Decree No. 326 of 12 June 2014, give effect to the majority of the provisions of the Conventions. The Committee also notes that the abovementioned texts repeal several legislative texts which it had previously examined within the framework of the supervision of these Conventions, including Act No. 13 of 29 December 1977 on protection and hygiene at work and Ministry of Labour and Social Security resolutions No. 39 of 2007 and Nos 50 and 51 of 2008. Lastly, the Committee notes the Government’s indication in its reports that it has taken into account, in the adoption of the abovementioned texts, the principles set out in the ILO instruments relevant to the promotional framework for OSH, in accordance with Article 2(2) of Convention No. 187.

Article 2(3) of Convention No. 187. The Committee requests the Government to provide information on the obligation to periodically consider the measures that could be taken to ratify relevant ILO Conventions on occupational safety and health, and on the outcome of the consultations held in this respect with the most representative employers’ and workers’ organizations.

National policy

Article 4(1) of Convention No. 155; Article 3(3) of Convention No. 187. The Committee notes that sections 126–144 of the Labour Code form the basis of the national policy on OSH, and sections 148–155 of the Regulations of the Labour Code supplement these provisions with more specific standards on the investigation, recording and notification of occupational accidents and incidents; the obligations and rights of the parties; and occupational safety and health regulations.

National system

Article 4(3)(a) and (b) of Convention No. 187. The Committee requests the Government to provide information on the measures adopted or envisaged for: (a) the establishment and operation of a national tripartite advisory body, or bodies, addressing occupational safety and health issues; and (b) the provision of information and advisory services on OSH.

Article 4(3)(d) of Convention No. 187. Occupational health services. The Committee notes the Government’s indication that the national health system has a Workers Health Institute which specializes in medical issues related to OSH.

Article 4(3)(h) of Convention No. 187. Micro-enterprises, small and medium sized enterprises and the informal economy. The Committee notes the Government’s indication that there is no informal economy in the country. The Committee requests the Government to provide information on the existing or envisaged support mechanisms for the progressive improvement of OSH in micro-enterprises and small and medium-sized enterprises.

National programme

Article 5 of Convention No. 187. The Committee recalls the importance of ensuring the implementation of national OSH programmes, their monitoring and subsequent review in consultation with the social partners, and of evaluating their results and using a methodology based on clear targets and indicators of progress (see the 2017 General Survey on certain occupational safety and health instruments, paragraphs 147–153). In this regard, the Committee requests the Government to provide information on the outcomes of implementing the indicators for the evaluation of the national OSH programme, and its new objectives, targets and indicators of progress.

Article 17 of Convention No. 155. Collaboration between two or more employers which engage in activities simultaneously at one workplace. The Committee notes that section 149 of the Regulations of the Labour Code limits collaboration between employers to the investigation of occupational accidents, while Article 17 requires collaboration between employers in the application of all the measures set out in the Convention. The Committee requests the Government to take the necessary measures, without delay, to give effect in law and practice to the provisions of Article 17.