Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Occupational Safety and Health Convention, 1981 (No. 155) - Venezuela (Bolivarian Republic of) (Ratification: 1984)

The Committee notes the observations of the Confederation of Workers of Venezuela (CTV), received on 2 September 2015, and of the National Union of Workers of Venezuela (UNETE), received on 2 October 2015, and also the Government’s reply to the latter, received on 8 December 2015. The Committee also notes the joint observations sent by UNETE, the CTV, the General Confederation of Labour (CGT) and the Confederation of Autonomous Trade Unions (CODESA), which were received on 8 and 12 September 2016, and also the Government’s reply, received on 11 November 2016.

Articles 4 and 8 of the Convention. Formulating, implementing and periodically reviewing a coherent national policy on occupational safety and health and the working environment, and measures to give effect to the above-mentioned national policy in consultation with the most representative organizations of employers and workers concerned. In its previous comments, the Committee noted the Government’s indication that in 2014 round-table meetings were held on occupational safety and health (OSH) conditions in various sectors of the economy with the participation of representatives of the most representative organizations of workers and employers. The Committee notes the Government’s indication in its report that the “National policy on prevention, safety and health at work” is defined in the Basic Act on prevention, conditions of work and the working environment (LOPCYMAT) and reiterates the relevant legal provisions. The Committee notes with regret that the Government does not refer to periodic reviews of national policy or to the manner in which consultations are held, nor does it mention which workers’ and employers’ organizations have been consulted in this regard. The Committee therefore once again requests the Government to provide information on the content of its national OSH policy (beyond the provisions of LOPCYMAT). The Committee also requests the Government to provide specific information on the consultations held with the most representative employers’ and workers’ organizations concerned regarding the formulation, implementation and review of its national policy, as referred to in Article 4, and on the adoption of the measures referred to in Article 8.

Article 5(e). Protection of workers and their representatives from disciplinary measures as a result of actions properly taken by them in conformity with the national OSH policy. In its previous comment, the Committee noted the repeated allegations of various workers’ organizations denouncing the unjustified dismissal of prevention delegates. The Committee also notes that both the CTV and UNETE in their respective observations, and UNETE, the CTV, the CGT and CODESA in their joint observations, reiterate these allegations. The Committee notes with deep regret that the Government does not provide any information on this matter. The Committee recalls that, as stated in paragraph 26 of its 2009 General Survey, ILO standards on occupational safety and health, the basic principle that workers and their representatives should be protected from victimization pursuant to Article 5(e) is one of the main elements to be included in the national policy, and is indicative of the central importance attributed to this principle. The Committee urges the Government to examine, together with the above-mentioned trade unions, the situation of all prevention delegates who have been the victims of harmful action and, in cases where they have been dismissed as a result of actions properly taken by them in conformity with the policy referred to by Article 4 of the Convention, to ensure that they are reinstated in their posts without loss of benefits. The Committee requests the Government to provide information in this respect.

Articles 6 and 15. Functions and responsibilities; coordination. The Committee notes the Government’s statement, in reply to its previous request, that the National Council for Occupational Safety and Health established pursuant to section 36 of the LOPCYMAT is not operational. The Committee requests the Government to provide information on its plans to implement section 36 of the LOPCYMAT with regard to making the above-mentioned Council operational. The Committee also requests the Government to provide information on the measures taken or envisaged to ensure the necessary coordination between the various authorities and bodies responsible for giving effect to the provisions of the Convention. The Committee further requests the Government to provide information on consultations regarding these measures held with the most representative organizations of employers and workers, and also the results thereof.

Article 7. Reviews, either overall or in respect of particular areas, carried out at appropriate intervals. In its previous comment, the Committee observed that the information provided by the Government on reviews already undertaken or being undertaken in specific sectors, as set out in Article 7 of the Convention, was of a general nature and did not enable it to assess whether these reviews gave effect to this Article of the Convention. The Committee notes the Government’s indication that industries carry out mandatory periodic reviews and report occupational diseases to the National Institute for Occupational Prevention, Health and Safety (INPSASEL), which compiles and standardizes this information, issues alerts and triggers the corresponding actions. The Government also communicates epidemiological bulletins for 2017 and part of 2018 containing statistical data disaggregated by sector on occupational diseases and accidents. However, the Committee notes that the Government does not indicate which problems it has been possible to identify as a result of the statistics or any effective methods developed to resolve them. The Committee requests the Government to provide specific, detailed information on the main problems identified as a result of the reviews carried out under Article 7 of the Convention, effective methods developed to resolve them, priorities of action taken or envisaged, and evaluation of the results obtained.

The Committee is raising other matters in a request addressed directly to the Government.

[The Government is asked to reply in full to the present comments in 2022.]