Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) - Dominican Republic (Ratification: 2015)

The Committee notes the Government’s first report.

Article 2(3) of the Convention. Periodic consideration of measures that could be taken to ratify relevant occupational safety and health Conventions of the ILO. The Committee recalls that the tripartite agreement signed in 2016 in the Dominican Republic establishing the round table on issues relating to international labour standards provides that the responsibilities of the round table shall include analysis and discussion of the content and possible impact of ILO Conventions that the State proposes to ratify. The Committee requests the Government to provide information on the periodic consideration of measures that could be taken to ratify relevant occupational safety and health (OSH) Conventions, including in the context of the round table on issues relating to international labour standards, and on the outcome of consultations held with the most representative organizations of employers and workers. In this regard, the Committee reminds the Government of the possibility of requesting technical assistance from the ILO.

Article 3(1). Promotion of a safe and healthy working environment through a national policy. With regard to the application of this provision of the Convention, the Committee observes that: (1) section 186 of Act No. 87 of 2001 establishing the Dominican social security system provides that the Office of the Secretary of State shall define a national policy for the prevention of occupational accidents and diseases, taking into consideration worker safety, the economic possibilities of enterprises and prevailing educational and cultural factors; and (2) Decree No. 989 of 2003 establishes the tripartite National Occupational Safety and Health Council (CONSSO), a Ministry of Labour advisory body, the duties of which include drawing up a national OSH plan for the short, medium and long term, to which it must align its annual workplans. The Committee requests the Government to provide information on the formulation and periodic review of national policy, in consultation with the most representative employers’ and workers’ organizations, including measures taken with regard to technical assistance. The Committee also requests the Government to provide information on the activities of CONSSO, the frequency of its meetings and the outcome thereof.

Article 4(2)(c). Mechanisms for ensuring compliance with laws and regulations, including inspection systems. Considering that the Dominican Republic has ratified the Labour Inspection Convention, 1947 (No. 81), the Committee refers to the comments that it adopted in 2016 concerning the application of that Convention, specifically with respect to Article 3(1)(a) and (b) (control and certification of occupational safety and health management systems).

Article 4(3)(d). Occupational health services. The Committee notes that Decision No. 04-2007, concerning OSH conditions, prescribes the basic elements which an OSH programme established by the employer must contain, including health monitoring (section 7). Furthermore, the Decision also establishes the obligation to have one or more first-aid kits (section 9). The Committee requests the Government to provide further information on prescribed occupation health services.

Article 4(3)(h). Support mechanisms for a progressive improvement of OSH conditions in micro-, small and medium-sized enterprises and in the informal economy. The Committee notes that a number of cooperation agreements or projects have been implemented or are being developed, including the 2014 inter-institutional cooperation agreement between the Ministry of Labour and the Dominican Confederation of Small and Medium-Sized Construction Enterprises (COPYMECON) and a pilot plan for major companies to sponsor small and medium-sized enterprises and the informal economy. The Committee requests the Government to provide information on the manner in which the established support mechanisms have contributed towards a progressive improvement of OSH conditions in micro-, small and medium-sized enterprises and the informal economy, and to provide information on any follow-up initiative taken.

Article 5. National programme. The Committee notes that section 4 of Executive Decree No. 989-03 provides that CONSSO shall be the body responsible for formulating a national OSH plan for the short, medium and long term. The Committee requests the Government to send copies of short-, medium- and long-term plans drawn up by CONSSO including the requirements set out in Article 5(2), in particular the objectives, targets and indicators of progress of the programme, and also information on the dissemination of the national plan.