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

Uruguay

Asbestos Convention, 1986 (No. 162) (Ratification: 1995)
Safety and Health in Mines Convention, 1995 (No. 176) (Ratification: 2014)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 162 (asbestos) and 176 (safety and health in mines) together.

Asbestos Convention, 1986 (No. 162)

Article 6(2). Cooperation between employers undertaking activities simultaneously at one workplace. The Committee recalls its last comments on the application of the Occupational Safety and Health Convention, 1981 (No. 155), and the Safety and Health in Construction Convention, 1988 (No. 167), in which it noted the existence of subsidiary liability of contractors, and joint liability in case of default of the labour obligations of the main contractor, as well as the regulations in sections 266 and 267 of Decree No. 125/014 concerning safety and health in construction, which provide for cooperation in overlapping and/or shared work activities of employers. In this respect, the Committee refers to the comments that it adopted in 2014 made under Article 17 of Convention No. 155 concerning Article 17 (collaboration whenever two or more undertakings engage in activities simultaneously at one workplace).

Article 13. Requirement for employers to notify the competent authority of the types of work involving exposure to asbestos. The Committee notes the Government’s reference to Decree No. 183/892 of 1982 on the prevention and control of occupational risks caused by carcinogenic substances or agents. The Committee notes that section 8 of this Decree requires employers to notify the use of carcinogenic substances and agents to the Ministry of Labour and Social Security, and that pursuant to section 10, the Ministry may, upon request, authorize work that is compatible with the health of workers (such as in the event of minimal exposition to carcinogens). The Committee also notes the Government’s reference to public controls concerning the management of risks in workplaces, and the required notification of the Ministry of Labour and Social Security in case carcinogenic substances and agents are detected. The Committee takes note of this information.

Articles 20(2) and (3) and 21(3). Keeping of records of the monitoring of the working environment and adequate information to workers on the results of their medical examinations. The Committee notes the Government’s indication that the medical surveillance of workers exposed to asbestos is covered by Ordinance No. 145/2009 of the Ministry of Health on health monitoring of workers exposed to occupational risk factors, and that Decree No. 406/88 on the prevention of occupational accidents requires that workers exposed to risk factors, whether they are chemical, physical, biological or ergonomical, have to undergo medical examinations. The Committee also notes the Government’s indication that, at the request of enterprises, the medical service of the State Insurance Fund can produce a special x-ray containing radiographic images and a medical report. The Committee once again requests the Government to provide information on the requirement of employers to keep records of the monitoring of the working environment and the workers exposed to asbestos, as well as the right of workers concerned, their representatives and the inspection services to access these records. It also once again requests the Government to provide information on the requirement to inform workers, in an adequate and appropriate manner, of the results of their medical examinations, as well as individual advice concerning their health in relation to their work.

Safety and Health in Mines Convention, 1995 (No. 176)

The Committee notes the Government’s first report.

Article 3 of the Convention. National policy. The Committee notes the Government’s indication in its report of the creation of the National Occupational Safety and Health Council (CONASSAT) to develop a National Occupational Safety and Health Policy (SST), which will include the mining sector. The Committee requests the Government to provide information on the development of the National Occupational Safety and Health Policy and, in particular, on the measures relating to safety and health in mines provided for in the policy. The Committee also requests the Government to provide information on the most representative employers’ and workers’ organizations consulted, and the outcome of those consultations.

Article 4. National legislation to ensure application of the Convention and other supplementary measures. The Committee notes Decree No. 1230/43 of 30 September 1946, the Regulations on Mining Police and Security, which, according to the information on the website of the Ministry of Industry, Energy and Mining, appear to remain in force. The Committee also notes that along with its report the Government has transmitted a draft decree on the Regulations on Mining Police and Security (2016), updating the regulations in force. The Committee also notes the Government’s information that no specific technical guidelines currently exist on occupational safety and health in mines. The Committee requests the Government to provide: (i) a list of the provisions in force relating to safety and health in mines; (ii) information on the current status of the draft Regulations on Mining Police and Security (2016); and (iii) information on other measures supplementing national legislation.

Article 5(2)(d). Compilation and publication of statistics. The Committee notes that section 12 of the Regulations on Mining Police and Security requires that the General Inspectorate draft a report on all noteworthy information of the service, recording data that is useful and necessary for the formulation of statistics. However, the Committee notes that there is no specific mention of the compilation and publication of statistics relating to accidents, dangerous occurrences and disasters, and that the Labour Inspectorate’s annual report does not include statistics from the mining sector either. The Committee requests the Government to provide information on the measures taken to ensure that the legislation includes provisions on the compilation and publication of statistics on accidents, occupational diseases and dangerous occurrences.

Article 5(3). Competent persons for the manufacture, storage, transport and use of explosives and initiating devices. The Committee notes that sections 69, 77 and 79 of the Regulations on Mining Police and Security provide for the storage, transport and use of hazardous substances to be carried out by competent persons. The Committee requests the Government to provide information on the measures taken to ensure that the manufacture of hazardous substances is also carried out by competent persons.

Article 6. Employer’s assessment and handling of the risk. The Committee notes that the Government refers to Decree No. 291/007, Regulations on the Occupational Safety and Health Convention, 1981 (No. 155). The Committee notes that, while under section 2 of this Decree employers are bound to guarantee the safety and health of all workers in all aspects related to work, the Decree does not refer to the employer’s obligation regarding assessing and dealing with risks. The Committee requests the Government to provide information on the measures taken to ensure that risks are assessed and dealt with by employers in the following priority order: (a) eliminate the risk; (b) control the risk at source; (c) minimize the risk; and (d) in so far as the risk remains, provide for the use of personal protective equipment.

Article 7(c). Stability of the ground. The Committee requests the Government to provide information on the measures taken or envisaged to guarantee that the employer ensures the stability of the ground in areas to which persons have access in the context of their work.

Article 7(i). Stoppage of work and evacuation. The Committee requests the Government to take measures to guarantee that employers ensure that when there is serious danger to the safety and health of workers, operations are stopped and workers are evacuated to a safe location.

Article 8. Specific emergency response plan. The Committee notes that sections 30 and 31 of the Regulations on Mining Police and Security set out various actions to carry out in cases of emergency. It also notes section 4 of Decree No. 127/014 which provides for the prevention unit attached to an enterprise to develop emergency and contingency plans and programmes in the event of a disaster within the enterprise. It also notes that the draft Regulations on Mining Police and Security require employers to, inter alia, formulate an evacuation procedure for mine personnel. The Committee requests the Government to take the necessary measures to ensure that employers are obliged to prepare an emergency response plan, specific to each mine, for reasonably foreseeable industrial and natural disasters, including through the adoption of the draft Regulations on Mining Police and Security.

Article 9(d). First aid, transportation and medical facilities. The Committee notes section 32 of the Regulations on Mining Police and Security which stipulates that operators are obliged to have the means to provide prompt assistance to the wounded, and staff trained in the use of life-saving equipment, which shall be periodically checked to ensure it is in good condition. The Committee requests the Government to provide information on the measures taken to guarantee workers who have suffered from an injury or illness, appropriate transportation from the workplace and access to appropriate medical facilities.

Article 10(a). Training programmes. The Committee notes that section 17 of the Regulations on Mining Police and Security provides that all Mines Directorates must adopt rules of procedure with instructions concerning safety and health. The Committee requests the Government to supply information on the measures taken to also provide for the employer’s obligation to ensure that workers are offered adequate training and retraining programmes, at no cost to them, in conformity with Article 10(a) of the Convention.

Article 10(b). Supervision and control. The Committee notes that section 26 of the Regulations on Mining Police and Security provides that where the presence of water is suspected that may flow into the work area, it must be investigated and the supervisor must report to the mine foreman before each replacement starts his shift. The Committee requests the Government to provide information on the measures taken to provide for the employer’s obligation to ensure that supervision and control are provided on each shift in all cases and not only when the presence of water is suspected.

Article 12. Activities of two or more employers at the same mine. The Committee notes the Government’s reference to Act No. 18.099 (on private activities; social security; occupational accident insurance and joint responsibility) and Act No. 18.251 (on labour outsourcing; joint responsibility). These Acts, however, do not cover the measures set forth in this Article. The Committee requests the Government to provide information on the measures taken to ensure that whenever two or more employers undertake activities at the same mine, the employer in charge of the mine shall coordinate the implementation of all measures concerning safety and health and shall hold the primary responsibility for the safety of the operations.

Article 13(1)(a), (b) and (e), and (2)(b), (c) and (f). Rights of workers and their representatives. The Committee notes the Government’s indication that the legislation gives effect to paragraphs (1) and (2) of Article 13, without providing more specific information. The Committee notes that Decree No. 291/014, and Decree No. 291/007 give effect to paragraph (1)(c), (d) and (f) and paragraph 2(a), (d) and (e). The Committee requests the Government to provide information on the legislative provisions that recognize the rights: (i) of workers: to report accidents, dangerous occurrences and hazards (paragraph (1)(a)); (ii) to request and obtain inspections and investigations (paragraph (1)(b)); (iii) of their representatives: to participate in inspections and investigations as well as monitor and investigate safety and health matters (paragraph (2)(b)); (iv) to have recourse to advisers and independent experts (paragraph (2)c)); and (v) to receive notice (paragraph (2)(f)). The Committee also requests the Government to refer to Articles 13 and 19(f) of its comment on the application of the Occupational Safety and Health Convention, 1981 (No. 155), and to also provide information concerning Article 13(1)(e) of this Convention.

Article 13(4). Discrimination or retaliation. The Committee notes that section 14 of Decree No. 291/007, referred to in the Government’s report, sets out that the occupational safety and health policy for the application of Convention No. 155 aims to protect workers and their representatives against any disciplinary measure resulting from actions justifiably undertaken by them, and that the national policy on occupational safety and health, which will include the mining sector, is being developed. The Committee requests the Government to provide information on the measures taken to ensure that workers and their representatives are protected against any form of discrimination and retaliation for exercising the rights provided in paragraphs (1) and (2) of this Article.

Article 14. Workers’ duties. The Committee notes that section 17 of the Regulations on Mining Police and Security stipulates that the order of safety procedures for each mine, and the obligations and responsibilities of staff in this respect are set out in the internal rules of procedure, which all staff are obliged to follow. Despite this rule, there is no reference to workers’ obligations with regard to their training, provided for under Article 14, namely: to take reasonable care for their own safety and health and that of other persons who may be affected by their acts or omissions at work, including the proper care and use of protective clothing, facilities and equipment placed at their disposal for this purpose (Article 14(b)); to report forthwith to their immediate supervisor any situation which they believe could present a risk to their safety or health or that of other persons, and which they cannot properly deal with themselves (Article 14(c)); and to cooperate with the employer to achieve compliance with the duties and responsibilities placed on the employer pursuant to the Convention (Article 14(d)). The Committee requests the Government to provide information on the measures taken to ensure compliance with these provisions.