Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Occupational Safety and Health Convention, 1981 (No. 155) - Cuba (Ratification: 1982)

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The Committee notes the observations on the application of Convention No. 155 presented by the Independent Trade Union Association of Cuba (ASIC) received in 2022, as well as the Government’s response to those observations.

Articles 7, 9, 11(d) and 19(e) of the Convention. Holding of inquiries where cases of occupational accidents appear to reflect serious situations. Enquiries by workers and their representatives, and their consultation on all aspects of OSH. The Committee notes that, in its observations, ASIC alleges that: (i) OSH conditions at the Saratoga Hotel, including deteriorating infrastructure, resulted in an explosion that caused the deaths of a significant number of workers on 6 May 2022; (ii) the hotel managers avoided taking responsibility for the accident; and (iii) consultations were not held with the workers concerning OSH.

The Committee notes with concern the Government’s indication that the accident resulted in the deaths of 32 hotel workers, as well as 16 passers-by and neighbours. The Committee also notes that the Government, in its reply to ASIC’s observations, indicates that: (i) in accordance with section 192 of the Labour Code, Act No. 116 of 2013, the National Labour Inspection Office began investigating the accident just hours after it occurred; (ii) during the investigation, infringements of the current legislation were detected and the responsibility of the undertakings was established; (iii) in the accident investigation report, the National Labour Inspection Office delivered instructions to re-establish compliance with the legal provisions that had been breached and required that the appropriate persons were held accountable; (iv) those responsible provided the National Labour Inspection Office with the plan of measures to remedy the infringements detected; and (v) the facts related to the accident are being investigated by the competent authorities, and the outcome of this police investigation will lead to the adoption of the appropriate procedural decisions. The Committee firmly hopes that the investigation into the accident that occurred more than one year ago will be concluded shortly and that this will make it possible to determine accountability and impose appropriate penalties. The Committee requests the Government to provide information in this respect. It also requests the Government to study the possibility of setting up a dialogue body with workers or their representatives in order to examine the necessary measures to be taken relating to OSH conditions, including in the hotel industry.

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