Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) - Costa Rica (Ratification: 1981)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

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 45 (underground work by women), 120 (hygiene in commerce and offices), 127 (maximum weight) and 148 (air pollution, noise and vibration) together.

The Committee notes the observations of the Costa Rican Federation of Chambers and Associations of Private Enterprise (UCCAEP) on the application of Conventions Nos 120 and 127 sent together with the Government’s report. The Committee also notes the Government’s reply to the observations of the UCCAEP on Convention No. 127, included in its report.

Application in practice of Conventions Nos 120, 127 and 148. The Committee requests the Government to provide information on the application in practice of the ratified Conventions on occupational safety and health, including the number, nature and cause of notified occupational accidents and diseases, and information on the inspection activities carried out, including, the number of investigations and inspections conducted, and the number of violations detected and penalties imposed.

Legislation. The Committee notes the information provided by the Government in its report on the development of occupational safety and health regulations in the period 2016-2019, promoted by the Occupational Health Council and the Technical Standards Institute of Costa Rica. In this regard, the Committee notes with interest: (i) the reform of the General Regulations on Occupational Risks of 1982 by means of Decree No. 39611 of 2016, which amends section 24 (content of first-aid kits) and which adds section 24 bis (implementation of first-aid kits); (ii) the adoption of Regulation for Occupational Health Committees and Offices No. 39408 of 2015, Regulation for the Prevention of Silicosis in the Workplace No. 39612-S-MTSS of 2016, the Regulation on the Configuration of Sampling Sites in Stacks and Ducts for the Measurement of Air Pollutants from Stationary Sources No. 39813-S-MTSS of 2016, the Regulation on Conditions for Breastfeeding Rooms in the Workplace No. 41080-MTSS-S of 2018, and Executive Decree No. 42317 of 2020 on the implementation of protocols and sanitary measures in workplaces by occupational health commissions and offices or departments in response to the COVID-19 pandemic; and (iii) the updating of technical standards relating to ergonomics, noise, personal protective equipment, environmental conditions and hazardous materials. The Committee particularly notes the updating of INTE Technical Standard No. T85 of 2019 on ergonomics in office spaces and call centres, INTE Technical Standard No. T84 of 2019 on ergonomic chairs, INTE/ISO Technical Standard No. 1996-2 of 2019: Acoustics - Description, measurement and assessment of environmental noise, and INTE/ISO Technical Standard No. 374-1 of 2019: Protective gloves against dangerous chemicals and micro-organisms. While it notes the developments in occupational safety and health regulations with regard to hygiene in commerce and offices, the Committee requests the Government to provide information on the progress achieved in the drafting and approval of the general regulations on occupational safety and health, promoted by the Occupational Health Council.

A.Protection against specific risks

Maximum Weight Convention, 1967 (No. 127)

Articles 3 and 8 of the Convention. Manual transport of a load which by reason of its weight is likely to jeopardize the worker’s health or safety. Workers over 21 years of age. The Committee previously noted that the INTE technical standards establishing the maximum weight limits are voluntary. In this regard, the Committee notes the Government’s reply to its previous request, which states in its report that, where technical standards are included at the regulatory level, they are mandatory. In this regard, the Government adds that INTE/ISO Technical Standard No. 11228-1 of 2016 on manual handling, lifting and carrying, and INTE Technical Standard No. 31-09-15-00 on the handling of material and equipment, were incorporated into the requirements under section 102 of the General Regulation on Safety in Construction No. 40790 of 2017.

Furthermore, the Committee notes that the Occupational Health Council approved the draft proposal for regulations on occupational health conditions in manual lifting and carrying of loads. The Government indicates that the draft proposes: (i) the repeal of Executive Decree No. 11074-TSS of 1981 on the maximum manual handling weight and physical fitness tests; (ii) the establishment of obligations for employers and workers with regard to activities involving lifting weights, medical assessments and the permissible limits for manual lifting and carrying of loads for women and men; and (iii) the incorporation of provisions on permissible limits established in INTE/ISO Technical Standard No.1128-1: Ergonomics - Manual handling - Part 1: Lifting and carrying. The Government indicates that ISO Technical Standard No. 11228-1 of 2016 on manual handling, lifting and carrying is currently being updated and adopted in relation to ISO/FDIS International Standard No. 11228-1 of 2021. The Committee requests the Government to provide information on the progress achieved in the process to update and adopt ISO Technical Standard No. 11228-1 of 2016 on handling, lifting and carrying.

Article 8. Consultation of the most representative employers’ and workers’ organizations concerned on the measures to give effect to the Convention. The Committee notes that, it its observations, the UCCAEP indicates that, while it responded to the public consultation process on the proposal for regulations on occupational health conditions in manual lifting and carrying of loads, the observations that it provided during the discussion on the matter were not taken into account. The UCCAEP also reports that: (i) while it is necessary to amend Decree No. 11074-TSS on the maximum manual handling weight, a comprehensive reform must be undertaken first, in order to achieve regulations that truly reconcile the protection of workers with the reality of the productive sector; (ii) the proposal for regulations does not take into account the need to determine the maximum distance that a load may be carried by a worker; and (iii) the proposal for the regulations contains definitions that are not elaborated on in the text of the document, and therefore, the purpose for which they are established is unclear. The Committee further notes that, in its reply to the observations of the UCCAEP, the Government indicates that it undertakes to review and follow up on the observations sent by the employers’ organization, and on the current status of the management of the proposed regulations. The Committee requests the Government to provide information on the consultations held in this regard, including the organizations consulted and the outcome of the consultations.

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Article 8(1) and (3) of the Convention. Criteria for determining the hazards of exposure to air pollution, noise and vibration. Exposure limits and their regular revision. Further to its previous comments, the Committee notes the Government’s indication in its report that, in 2020 and 2021, an external interinstitutional assistance committee was established to review the preliminary draft revision of the regulations on the control of noise and vibrations. The Government indicates that, currently, the remaining step is to include Annex 1 on the basic components that should be part of hearing conservation programmes in the workplace. It also indicates that the final proposal will be submitted to the Executive Directorate of the Occupational Health Council, which will incorporate the proposed amendments to the regulations into the commitments of the Action Plan of the National Occupational Health Policy.

Regarding the application in practice of INTE standards and verification of this application by the labour inspectorate, the Government indicates that: (i) the Occupational Health Council and Technical Standards Institute of Costa Rica have promoted INTE technical standards that contain more detailed technical parameters and criteria than those established in national legislation; (ii) the technical standards have been widely disseminated through training for heads of occupational health offices and departments in order for the technical standards to be voluntarily implemented as part of preventive management; (iii) due to the voluntary nature of the technical standards, the labour inspectorate cannot enforce them, except when they are at the regulatory level, in which case they are mandatory. Consequently, inspectors from the Technical Secretariat of the Occupational Health Council cannot require the mandatory implementation of technical standards in inspection reports, although they may suggest that the technical standards be taken as preventive guidelines to be followed as part of preventive management in the respective workplace. The Committee requests the Government to intensify its efforts to ensure the periodic review of the exposure criteria and limits, including the revision of the proposed regulations on the control of noise and vibrations. The Committee further requests the Government to continue to provide information on the conclusion of the process to revise the regulations on the control of noise and vibrations, including the incorporation into the regulations of the respective technical standards.

Article 10. Personal protective equipment and the application of the Convention in the agricultural sector. The Committee notes the observations of the Confederation of Workers Rerum Novarum (CTRN), the Costa Rican Workers' Movement Central (CMTC), the General Confederation of Workers (CGT), and the Workers' Unitary Confederation (CUT), on the application of the Labour Inspection (Agriculture) Convention, 1969 (No. 129), in which they indicate that workers in the pineapple industry are being exposed to harmful substances, such as agrochemical products. The trade union organizations indicate that workers are assigned to recently sprayed fields with no protection, or sometimes even with protective equipment that has already been used. The Committee requests the Government to provide information on the measures adopted or envisaged to ensure protection against occupational risks in the workplace due to air pollution, and to guarantee that employers provide and maintain suitable personal protective equipment, in accordance with Article 10 of the Convention.

Article 11(1) and (3). Periodical medical examinations. Discontinuation of an assignment to work when continuation is considered medically inadvisable. Suitable alternative employment or maintenance of income. In reply to its previous comments, the Committee notes the Government’s indication that, when it is determined that noise in a workplace exceeds the maximum levels established in section 7 of the regulations on the control of noise and vibrations, the employer is requested to conduct a comprehensive study of the workplaces, identify the occupational noise and provide engineering proposals with the aim of minimizing the resulting environmental noise pollution, and pay due attention to the hearing health of workers by means of medical examinations. It also notes that the Government refers to section 258 of the Labour Code, which establishes the obligation for all workers to undergo the medical examinations stipulated in the corresponding regulations. The Government adds that 46 inspectors from the Labour Inspection Directorate have received training on occupational health, and that a guide on occupational health in agriculture is available, which will be used to address issues related to occupational health, noise and vibrations in inspections. Noting this information, the Committee requests the Government to indicate the frequency of medical examinations to monitor the health of workers exposed to occupational risks due to air pollution, noise and vibrations. The Committee also requests the Government to provide information on the measures adopted toprovide workers with suitable alternative employment or to maintain their income, where continued assignment of workers to work involving exposure to air pollution, noise or vibration is found to be medically inadvisable.

B.Protection in certain branches of activity

Underground Work (Women) Convention, 1935 (No. 45)

The Committee recalls that the ILO Governing Body (at its 334th Session, October-November 2018) decided, on the recommendation of the Standards Review Mechanism Tripartite Working Group to confirm the classification of the Convention as outdated, and placed an item on the agenda of the 112th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also requested the Office to adopt follow-up measures to actively promote ratification of updated occupational safety and health instruments including, but not limited to, the Safety and Health in Mines Convention, 1995 (No. 176) and to undertake a ratification campaign in respect of Convention No. 176.The Committee therefore encourages the Government to give effect to the decision adopted by the Governing Body at its 334th Session (October-November 2018) approving the recommendations of the Standards Review Mechanism Tripartite Working Group, and to examine the possibility of ratifying the more updated instruments in this thematic area. The Committee takes this opportunity to recall that, in June 2022, the International Labour Conference added the principle of a safe and healthy working environment to thefundamental principles and rights at work, thus amending the 1998 Declaration on Fundamental Principles and Rights at Work. The Committee draws the Government’s attention to the possibility of requesting the technical assistance of the Office with the aim of bringing both practice and applicable legislation into conformity with the fundamental Conventions relating to occupational safety and health, and providing support for any consideration of ratification of these standards.

Hygiene (Commerce and Offices) Convention, 1964 (No. 120)

Articles 1 and 17 of the Convention. Application to establishments, institutions and administrative services in which the workers are mainly engaged in office work. Protection of workers against substances or processes which are obnoxious, unhealthy or toxic or for any reason harmful. Further to its previous comments, the Committee notes the Government’s indication in its report that section 294 of the Occupational Risks Act, No. 6727 of 1982, on the mechanisms for establishing whether an activity or workplace is unhealthy or dangerous, has not been regulated. The Government indicates that, under the Action Plan of the National Occupational Health Policy, specifically within the regulatory framework on occupational health, the drafting of a proposed reform of section 294 is planned for the period 2021–2026. The Committee requests the Government to continue providing information on the measures adopted to regulate section 294 of the Occupational Risks Act, No. 6727 of 1982, in order to identify work and workplaces that are unhealthy or dangerous, and substances the manufacture or distribution of which must be prohibited, restricted or subject to certain special requirements.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the observations of the Union of Chambers and Associations of Private Enterprise of Costa Rica (UCCAEP), provided with the Government’s report.

Article 4 of the Convention. National legislation. The Committee notes the information provided by the Government in its report in reply to its previous direct request relating to the adoption of the general occupational safety and health regulations. In particular, it notes that the Government still has not adopted the general occupational safety and health regulations, which would regulate various matters relating to air pollution. It also notes that the Government reaffirms its commitment to adopting these regulations. Furthermore, the Committee notes that the UCCAEP’s observations highlight the work carried out by the Occupational Health Council (CSO), which is tripartite, and which is responsible for improving the safety and health conditions of workers by preparing regulations based on technical criteria. The Committee once again requests the Government to take all necessary measures to adopt the general occupational safety and health regulations and to provide information on any developments in this respect.

Article 8(1) and (3). Criteria for determining the hazards of exposure to air pollution, noise and vibration. Exposure limits and their regular revision. The Committee notes the information provided by the Government in its reply to its previous direct request relating to the criteria and procedures for the incorporation into national texts of internationally fixed limits and for updating them. The Committee notes that the Government once again refers to the standard INTE 31-08-04-01, version 2001, concerning the maximum concentration levels authorized at workplaces, and standard INTE 31-09-16-00, version 2000, which is applied in workplaces where noise is generated. However, the Committee notes that INTE technical standards are observed on a voluntary basis. With regard to noise and vibrations, the Government indicates that the Regulations to control noise and vibrations, adopted by Decree No. 10541, of 14 September 1979, are being revised with a view to updating the technical content relating to noise and vibrations, and that the proposed Regulations would be presented to the CSO at the end of 2015. The Committee notes Decree No. 11492, amending the Regulations on occupational health, establishing, in section 6, noise limits defined as disturbing, and Decree No. 32692-S, establishing the procedure for measuring noise. The Committee recalls that, in accordance with Article 8(3) of the Convention, criteria and exposure limits shall be established, supplemented and revised regularly in the light of current national and international knowledge and data. The Committee once again requests the Government to send information on the revision process under way of the Regulations to control noise and vibrations. The Committee also requests the Government to provide information on the application in practice of the INTE standards, indicating whether the labour inspectorate monitors the compliance with those.

Article 11(1) and (3). Periodical medical examinations. Discontinuation of an assignment to work when continuation is considered medically inadvisable. Suitable alternative employment or maintenance of income. In its previous comments, the Committee noted the application of this Article relating to agrochemicals, and in particular Executive Decree No. 33507-MTSS of 8 January 2007, and it requested information on the nature and frequency with which workers’ health is supervised and on the application of these provisions in practice. The Committee notes the Government’s information on the training activities conducted and information disseminated in relation to the Convention. In relation to the agricultural sector, it notes: the production of an illustrated booklet on the medical examinations to be undergone by workers performing work involving the handling or use of pesticides, which was distributed among employers and workers; the appointment and training of 40 labour inspectors for the agricultural sector; and the development of training programmes for good practices in the use of pesticides. The Committee notes, however, that the Government does not provide the information requested in its previous comment on periodical medical examinations. The Committee once again requests the Government to provide information on the measures taken for the application of this Article to all workers and sectors of activity.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Protection of workers particularly exposed to air pollution, noise and vibration at the workplace. With reference to its previous comments, the Committee notes the information supplied by the Government concerning prevention activities in the customs sector. The Committee also notes communication DMHSO No. 110-2010 of 9 June 2010 from the Occupational Health Council, indicating, with reference to changes in the legislation, that work is continuing on amendments to the current general occupational safety and health regulations with a view to modernizing provisions in the areas of air pollution by physical, chemical and biological agents, hazard prevention and occupational medicine. The Committee notes the information supplied by the Government on consultations held with employers’ and workers’ representatives in this regard. It also notes that this is the fourth attempt to modernize the regulations in 25 years and that, according to the abovementioned DMHSO document, some years after Agreement No. 308-06 to move the project forward, the agreement has still not been implemented and the proposed regulations have still not been concluded. The Committee recalls that, pending the adoption of the new regulations, the Government has the obligation to ensure the application of the present Convention. The Committee requests the Government to take all necessary steps to expedite the adoption of the regulations and to supply information on all further developments.

Article 8(1) and (3) of the Convention. Criteria for determining the hazards of exposure to air pollution, noise and vibration. Exposure limits and regular revision thereof. The Committee notes the Government’s repeated indication that it uses as reference the threshold limit values (TLVs) set by the American Conference of Governmental Industrial Hygienists (ACGIH) and standard INTE 31-08-04-01 concerning the maximum air concentration levels authorized at workplaces, according to which the TLVs should be verified and updated each year on the basis of ACGIH data. The Committee again requests the Government to supply information on the criteria and procedures for incorporating the ACGIH limits into national regulations and on government controls or procedures to ensure that such updating takes place in practice. The Committee requests the Government to send examples of such updates, indicating current limits for exposure to air pollution, noise and vibration.

Article 11(1) and (3). Periodic medical examinations. Agrochemical products. With reference to its previous comments, the Committee notes the Government’s indication that there are 700 occupational health offices or departments registered with the Occupational Health Council which have preventive functions and offer free services. The Committee notes the Government’s reference to section 218 of the Occupational Hazards Act but also notes that this section does not refer to the examinations with which this Article of the Convention is concerned. Referring to the application of this Article with regard to agrochemical products, and in particular Regulation No. 33507-MTSS of 8 January 2007, which states that employers are required to provide preventive, periodical, follow-up and pre-reinstatement medical examinations for workers carrying out work involving the handling or use of agrochemical products (section 5(2) of the Regulation), the Committee notes that a Labour Commission was set up recently whose functions include determining the intervals at which examinations for agricultural workers should be held. The Committee reminds the Government that, while the Commission’s work is still in progress, the Government has the obligation to ensure the application of this provision in practice. The Committee requests the Government to provide information on any developments in this respect and again requests it to indicate the manner in which this provision of the Convention is currently applied, including information on the nature of the supervision, specifying in particular the nature and frequency of examinations prescribed and the application of these provisions in practice, especially for agricultural workers but also for all other workers in general.

Part IV of the report form. Application of the Convention in practice. The Committee notes the information on the number of workers protected by the legislation that applies the Convention in the context of occupational risk insurance. It also notes with regret the Government’s statement that it is not in a position to supply up-to-date information on the application of the Convention in practice owing to shortages of staff and material resources at the national labour inspectorate with regard to compiling specific statistics and classifying breaches of legislation reported in workplaces. The Committee referred to this matter in its comments in 2010, in the context of the follow-up to the application of the Labour Inspection Convention, 1947 (No. 81). The Committee requests the Government to take all possible measures to supply up-to-date information on the application of the Convention in practice.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Protection of workers particularly exposed to air pollution, noise and vibration at the workplace. The Committee notes that in response to requests for information it has addressed to the Government since 1996 as regards the observations made by the Public and Private Enterprise Workers’ Union (SITEPP) concerning alleged breaches of occupational safety and health regulations at the enterprise PINDECO, the Government has transmitted information provided by the enterprise itself. Accordingly, measures have been taken to protect the health of workers in plantations and to strengthen the activities of the preventive management committee. As regards customs handlers and custom operations technicians who may be exposed to dust, humidity, noise and toxic gases in the workplace, the Committee notes the communication DMHSO No. 222-08 of 1 August 2008 of the Occupational Health Council, in which reference is made to measures taken to prevent and limit occupational hazards due to air pollution and noise and, in particular, to the draft revising Executive Decree No. 27434 of 25 November 1998 regarding offices and departments of occupational health, and to the draft implementing section 294 of the Labour Code, submitted for approval to the Minister of Labour and Social Security in July 2007 and July 2008, respectively. The Government indicates that the conditions denounced by the Association of Customs Officers (ASEPA) in 1994 have thus been fully addressed following the review of national law and practice which brings national legislation into conformity with the Convention and the needs of all workers, in particular, customs officials. The Committee requests the Government to continue providing information on any relevant developments in law and in practice, including any progress made towards the adoption of the drafts above-mentioned, to protect workers particularly exposed to dust, humidity, noise and toxic gases at the workplace, such as customs officers.

Article 8, paragraphs 1 and 3 of the Convention. Air pollution. The Government indicates once again that the threshold limit values (TLVs) concerning air pollution, used as reference in regulations by the Institute for Technical Standards (INTECO), have been determined on the basis of the annual publications of the American Conference of Governmental Industrial Hygienists (ACGIH). The Committee takes notes of the Standard INTE 31-08-04-01 concerning the maximum levels of concentration authorized at workplaces, according to which all users (Government, employers and workers) are required to verify and to update each year the TLVs based on the information provided by the ACGIH. With reference to its previous observation, the Committee requests the Government to indicate the procedures for complementing and revising, at regular intervals, at the national level, the criteria and limits for exposure to air pollution in particular in the context of standard No. INTE 31-08-04-01. Noting also the envisaged overall revision of the general OSH Decree No. 1 of 1967, the Committee invites the Government to provide information on any progress made in this respect, specifying the possible impact of this legislative change on Article 8, paragraphs 1 and 3, of the Convention.

Article 11, paragraphs 1 and 3. Medical examinations. The Committee notes that the Government refers to mandatory and voluntary legislative provisions concerning medical examinations and in particular to Regulation No. 33107-MTSS of 8 January 2007. This text provides that employers are required to provide preventive, periodical, follow-up and, prior to resumption of work, medical examinations to workers carrying out work involving the handling or use of agrochemical products (section 5, paragraph 2, of the Regulation). The Committee recalls that, pursuant to Article 11, there shall be supervision, including pre-assignment and periodical medical examinations, at suitable intervals on conditions and in circumstances determined by the competent authority, of the health of workers exposed or liable to be exposed to occupational hazards due to air pollution, noise or vibration in the working environment. Such supervision shall be free of cost to the worker concerned. The Committee requests the Government to indicate the nature of the supervision specifying, in particular, the nature and frequency of examinations prescribed, as well as measures taken to ensure that this supervision is free of cost to the workers. Please indicate how effect is given to these provisions of the Convention for all workers, and not only for the workers carrying out work involving the handling or use of agrochemical products.  

Part IV of the report form. Application in practice. The Committee notes the information regarding the number of workers protected by legislation giving effect to the Convention in the context of occupational risk insurance. It also notes that the Government states that it is not in a position to provide up to date information on the application of the Convention in practice due to a lack of personnel and material resources of the national labour inspectorate for developing specific statistical information and for classifying breaches of legislation notified to workplaces. The Committee notes, however, that a project to strengthen the capacities of the labour inspectorate has been developed with support from the project “Apply and Win” (Cumple y Gana). The objective of this project – entitled Automatic Data on Work System (SAIL) ‑ is to set up a database of statistical information covering the work of the labour inspectorate. SAIL was launched in September 2008 and should become operational in all the 29 offices of the labour inspectorate by 1 April 2009. The Committee trusts that the Government will be able to provide in its next report up to date information on the application of the Convention in practice as well as further details on the effective implementation of SAIL.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

1. The Committee notes the information provided by the Government in its report. It notes in particular that the Government has provided a copy of the Regulations respecting the registration and monitoring of toxic products or substances and hazardous substances, products or materials, which give effect to Article 12 of the Convention. It also notes the observations provided in October 2006 by the Public and Private Enterprise Workers’ Union (SITEPP) which refer, among other matters, to occupational health issues.

2. With reference to the observations made earlier by the Association of Customs Officials (ASEPA) in relation to the application of this Convention, the Committee notes the Government’s reference to the information provided in the report on Convention No. 120 and observes that once again the Government has not provided a reply to its request for the necessary information. The Committee recalls that it noted the Government’s indications relating to both national and international provisions respecting conditions of work, including several provisions of this Convention. On that occasion, the Committee requested the Government to provide information on the measures adopted to prevent and limit occupational hazards due to air pollution and noise with a view to protecting persons working as customs handlers and customs operations technicians, who may be exposed to dust, humidity, noise and toxic gases in the workplace. The Committee is bound to renew its request for information and hopes that the Government will adopt the measures specified and will provide information on the results achieved in this respect.

3. Article 8, paragraphs 1 and 3, and Article 9 of the Convention. Establishment and regular revision in the light of current national and international knowledge and data of criteria for determining the hazards of exposure to air pollution, noise and vibration in the working environment. The Committee notes the Government’s indication in its latest report that the exposure limits for air pollution which have been determined are based on the criteria adopted by the American Conference of Governmental Industrial Hygienists. The Committee observes the Government’s indication that the limits are revised annually by the national authorities in accordance with the publications of the above organization. The Committee requests the Government to describe the process of revising the exposure limits to air pollution, as well as to noise and vibration.

4. Article 11, paragraphs 1 and 3. Medical examinations. The Government indicates in its latest report that, through the Ministry of Labour and Social Security, a request has been made to the Occupational Health Council for the necessary studies to be undertaken to comply with the comments of the Committee and that the Government will be in a position to provide a satisfactory reply in the near future. The Committee hopes that the studies concerned will be undertaken without delay and that the necessary measures will be adopted to give effect to these provisions of the Convention.

5. The Committee notes the information on violations of labour laws identified at the national level in the year 2000. It would be grateful if the Government would continue to provide updated information on the application of the Convention in practice (extracts from the reports of the inspection services and statistics, where they are available, on the number of workers covered by the legislation giving effect to the Convention).

6. The Committee notes the observations made in October 2006 by the SITEPP which refer, among other matters, to occupational health issues, and particularly air pollution in the workplace. The Committee requests the Government to provide information in reply to the above observations.

[The Government in asked to reply in detail to the present comments in 2008.]

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information contained in the Government’s report. The Committee notes that the Government has once again not replied to its request for information concerning the observations made by the Association of Customs Officers (ASEPA) relating to the application of this Convention. The Committee recalls that it noted the Government’s comments regarding both national and international provisions respecting conditions of work, including several provisions of this Convention. On that occasion, the Committee requested the Government to provide information on the measures adopted to prevent and limit occupational hazards due to air pollution and noise with a view to protecting persons working as customs handlers and customs operations technicians (categories I and II), who may be exposed to dust, humidity, noise and toxic gases in the workplace. The Committee is bound to reiterate its request and hopes that the Government will indicate the measures adopted and will provide information in its next report on the results achieved in this respect.

Articles 8, paragraphs 1 and 3, and 9 of the Convention. The Committee recalls that it noted the information provided by the Government on the provisions contained in the Regulations to control noise and vibrations, Decree No. 10541-TSS, of 14 September 1979, defining the risks of exposure to air pollution, noise and vibration at the workplace. The Committee notes the Government’s statement in its last report that the exposure limits in relation to air pollution have been fixed on the basis of the so-called time-weighted average (TWA) concentration adopted by the American Conference of Governmental Industrial Hygienists for a working day of eight hours and a working week of 48 hours. The Committee notes that the Government specifies that the limits set and the investigation criteria under which the TWAs were determined are adjusted annually by the above international organization. However, the Committee wishes to reiterate its request for the Government to indicate the frequency with which exposure limits to air pollution, noise and vibration are reviewed at the national level.

Article 11, paragraphs 1 and 3. The Committee regrets to note that, in reply to its request, the Government refers once again to Decree No. 18323. As indicated previously, the above Decree provides for the medical examination of workers exposed to pesticides. The Committee recalls that Article 11 of the Convention provides that there shall be supervision at suitable intervals, on conditions and in circumstances determined by the competent authority, of the health of workers exposed or liable to be exposed to occupational hazards due to air pollution, noise or vibration in the working environment. Such supervision shall include a pre-assignment medical examination and periodical examinations, as determined by the competent authority. The supervision provided for in the above paragraph of this Article shall be free of cost to the worker concerned. The Committee therefore urges the Government to take the necessary measures to give effect to the provisions of this Article of the Convention, which is not limited to covering workers exposed to pesticides.

Article 12. The Committee recalls that it requested the Government to provide information on any conditions prescribed by the regulations respecting the monitoring and registration of toxic products or substances and to indicate the manner in which hazardous substances, products or materials, and procedures, machinery and materials are monitored and used, and on any prohibitions prescribed by the above authority, as well as texts (administrative and other decisions) which specify toxic products and substances, and hazardous objects and products. In its report, the Government refers to Decree No. 21406-S of 22 June 1992. However, a copy of the above Decree was not supplied. The Committee requests the Government to provide a copy of the above Decree so that it can be examined by the Committee.

The Committee would be grateful if the Government would provide information on the application of the Convention in practice, including for example extracts of reports of inspection services and statistics, where they exist, of the number of workers covered by the laws and regulations giving effect to the Convention, etc.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

With reference to its previous comments, the Committee notes the Government's reply, and in particular, its comments in respect of the observations made by the Association of Customs Officers (ASEPA), as well as other information contained in its report.

The Committee notes that the Government's comments regarding the observation by ASEPA, refer both to national and international provisions in respect of labour conditions, including the reproduction of several Articles from the present Convention. However, the Committee recalls that it had requested the Government to indicate the measures adopted to prevent and limit occupational hazards due to air pollution and noise to protect workers in posts such as customs handlers and customs operations technicians (categories I and II), who may be exposed to dust, humidity, noise and toxic gases in the workplace. The Committee consequently reiterates its request, and hopes that the Government will communicate detailed information in its next report on the measures adopted accordingly.

Article 8, paragraphs (1) and (3) and Article 9, of the Convention. The Committee notes the information supplied by the Government on the international institutions whose criteria serve to define the hazards and exposure limits to air pollution, noise and vibrations. In respect of air pollution, it notes the amendment to section 50 of the National Political Constitution and of the decrees indicated regarding use of pesticides. The Committee would be grateful if the Government would indicate the frequency with which exposure limits to air pollution, noise and vibrations are reviewed at national level, as well as the instruments which apply the aforementioned international standards within the country, specifying the texts (legal or regulatory), and including a copy thereof.

Article 11, paragraphs (1) and (2). For some years now the Committee has been asking the Government to indicate the steps taken to ensure that pre-assignment and periodical medical examinations are provided to workers at no cost to them. The Government indicates that in conformity with Decree No. 18323, of 11 July 1988, all workers working with pesticides have this right. The Committee recalls that this provision applies to all workers who may be exposed to hazards due to air pollution, noise or vibration. The Committee hopes that the Government will adopt the measures to give full application to this provision of the Convention in the near future.

Article 12. The Committee notes with interest Decree No. 21406-S, of 22 June 1992, monitoring and registration regulations for toxic products or substances and dangerous substances, products and objects. It notes that the responsible authority for the registration and monitoring of these substances and objects is the Department for Monitoring and Registering of Dangerous Substances and Occupational Medicine (DSTMT). The Committee would be grateful if the Government would supply information on any conditions prescribed by this authority for the use of processes, substances, machines or materials, and on any prohibitions issued by the same authority, as well as on texts (administrative decisions or others) which specify toxic products and substances, and dangerous objects and products.

Part IV of the report form. The Committee would be grateful if the Government would supply information on the practical application of the Convention, for example, extracts from the reports of the inspection services, statistics, if possible, regarding the number of workers covered by the legislation which applies the Convention, etc.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

1. The Committee has taken note of the observations on the application of the Convention made by the Trade Union Organization of Customs Officials (ASEPA) in two communications received on 15 June and 20 December 1994, copies of which were transmitted to the Government for comments. It hopes that the Government will furnish a reply to these observations, to enable the Committee to examine the matter at its next session.

2. As regards the application of Articles 8, 9, 11 and 12 of the Convention, in particular, the Committee refers to its 1994 observation.

[The Government is asked to report in detail by 1 September 1995 at the latest.]

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

1. The Committee refers to the observations made by the Association of Customs Officers (ASEPA), alleging that Executive Decree No. 23116-MP, published in Gazette No. 76, of 21 April 1994, is not in conformity with the Convention and notifying of the appeal against this Executive Decree, which was dismissed on its merits. The Committee notes the Government's comments to the effect that the Executive Decree was the result of a technical study carried out by the Civil Service General Directorate.

The Committee notes that Executive Decree No. 23116-MP contains the descriptions and characteristics of classes of posts in the customs administration without any direct relationship with the application of the Convention. Nevertheless, these descriptions indicate that certain posts such as customs handlers and customs operations technicians I and II may be exposed to dust, humidity, noise and toxic gasses in the workplace. The Committee requests the Government to provide information on the measures adopted to prevent and limit occupational hazards due to air pollution and noise and to protect workers in the classes indicated against such hazards.

2. With reference to its observation made in 1994, the Committee expresses the hope that in the near future the necessary measures will be taken to guarantee application of the following Articles:

Article 8, paragraphs 1 and 3, of the Convention. Air pollution. The Committee notes with interest Decree No. 21406-S of 22 June 1992 regulating the registration and control of toxic substances and products and dangerous substances, products and objects. It further notes that section 12 of Decree No. 21406-S sets forth a classification list and definition of dangerous and toxic substances, while section 8 empowers the Minister of Labour to cancel or refuse registration for the use of such substances when the product is considered to be highly dangerous to human beings or domestic animals. The Government has also indicated, in its report, that the criteria defined by international organizations with respect to air pollution are followed in the country. The Government is requested to indicate, in its next report, the specific international criteria with respect to air pollution to which it refers and the exposure limits, if any, specified on the basis of these criteria. The Government is also requested to indicate the manner in which these criteria, and any exposure limits, are periodically reviewed, in the light of current national and international knowledge and data.

Vibration. The Committee notes that Decree No. 10541-TSS of 14 September 1979 regulating the control of noise and vibration only sets forth general provisions concerning the reduction of vibration. The Government is requested to indicate, in its next report, the measures taken to establish criteria for determining the hazards of exposure to vibration in the working environment and any exposure limits specified on the basis of these criteria.

Article 9. In comments it has been making since 1985, the Committee has requested the Government to indicate the steps taken to prescribe technical measures or supplementary organizational measures, for the protection of workers against the hazards due to air pollution. The Government is requested to indicate, in its next report, the steps taken or envisaged to ensure the application of this Article of the Convention in respect of air pollution.

Article 11, paragraphs 1 and 2. In previous comments, the Committee requested the Government to indicate the steps taken to ensure that pre-assignment and periodical medical examinations are provided to workers at no cost to them. The Government has indicated that, at present, no obligation rests upon the employer to submit employment applicants to medical examinations, although some employers do provide for such examinations prior to and during the course of employment. In regard to periodical examinations, the Government has indicated that the health of workers is supervised when the competent authority considers it necessary (for example, when exposure limits have been exceeded; minimum safety standards have not been met; technical control measures are not the most adequate). The Committee would recall that, under this Article of the Convention, occupational health care must include pre-assignment and periodical medical examinations for workers who are exposed or liable to be exposed to occupational hazards due to air pollution, noise or vibration in the workplace and that these examinations must entail no cost to the worker concerned. The Government is requested to indicate in its next report the measures taken or envisaged to ensure that workers exposed to these hazards are provided with pre-assignment and periodical medical examinations, in accordance with the provisions of the Convention.

Article 12. In its previous comments, the Committee requested the Government to indicate the processes, substances, machinery and equipment, to be specified by the competent authority, which expose workers to occupational hazards, the use of which must be notified to the competent authority for authorization to be granted under prescribed conditions or for prohibition. The Government indicated in its report for the period ending June 1985, that a list of dangerous substances was being prepared as part of the National Occupational Safety Plan (1985-90). In its latest report, the Government has indicated that, due to insufficient staffing, the Occupational Health Council has had to postpone the preparation of a list of dangerous substances. The Government is requested to indicate, in its next report, the progress made in establishing a list of processes, substances, machinery and equipment, involving the exposure of workers to occupational hazards due to air pollution, noise or vibration, the use of which is to be notified to the competent authority for control or prohibition.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the information provided by the Government in its latest reports, in particular the measures taken as part of the reorganization of the National Council for Occupational Health to establish inter-institutional committees for the revision of occupational safety and health standards. The Government has also indicated that a study was undertaken of the existing regulations with respect to air pollution, noise and vibration, but that a formal draft revision had not yet been proposed. The Committee further notes with interest the Government's indication that ILO technical assistance has been requested with the aim of bringing the regulations concerning air pollution, noise and vibration up to date and drafting overall regulations on occupational safety and health. In this regard, the Government may also wish to give consideration to adopting technical standards or codes of practice for the practical implementation of the laws and regulations to be adopted in accordance with Article 4, paragraph 2 of the Convention. The Committee hopes that the necessary measures will be taken in the near future and that they will ensure the application of the following Articles:

Article 8, paragraphs 1 and 3

1. Air pollution. The Committee notes with interest Decree No. 21406-S of 22 June 1992 regulating the registration and control of toxic substances and products and dangerous substances, products and objects. It further notes that section 12 of Decree No. 21406-S sets forth a classification list and definition of dangerous and toxic substances, while section 8 empowers the Minister of Labour to cancel or deny registration for the use of such substances when, among others, the product is considered to be highly dangerous to human beings or domestic animals. The Government has also indicated, in its report, that the criteria defined by international organizations with respect to air pollution is followed in the country. The Government is requested to indicate, in its next report, the specific international criteria with respect to air pollution to which it refers and the exposure limits, if any, specified on the basis of these criteria. The Government is also requested to indicate the manner in which these criteria, and any exposure limits, are periodically reviewed, in the light of current national and international knowledge and data.

2. Vibration. The Committee notes that Decree No. 10541-TSS of 14 September 1979 regulating the control of noise and vibration only sets forth general provisions concerning the reduction of vibrations. The Government is requested to indicate, in its next report, the measures taken to establish criteria for determining the hazards of exposure to vibrations in the working environment and any exposure limits specified on the basis of these criteria.

Article 9. In comments it has been making since 1985, the Committee has requested the Government to indicate the steps taken to prescribe technical measures for design or installation or, where this is not possible, supplementary organizational measures, for the protection of workers against the hazards due to air pollution. The Government is requested to indicate, in its next report, the steps taken or envisaged to ensure the application of this Article of the Convention in respect of air pollution.

Article 11, paragraphs 1 and 2. In previous comments, the Committee has requested the Government to indicate the steps taken to ensure that pre-assignment and periodical medical examinations are provided to workers without cost to them. The Government has indicated that, at present, no obligation rests upon the employer to submit employment applicants to medical examinations, although some employers do provide for such examinations prior to and periodically during the course of employment. As concerns periodical examinations, the Government has indicated that the health of workers is supervised when the competent authority considers it necessary (for example, when: exposure limits have been exceeded; minimum safety standards have not been met; technical control measures are not the most adequate). The Committee would recall that, under this Article of the Convention, pre-assignment and periodical medical examinations are to be provided to workers who are exposed or liable to be exposed to occupational hazards due to air pollution, noise or vibration and these examinations are to be free of cost to the worker concerned. The Government is requested to indicate, in its next report, the measures taken or envisaged to ensure that workers exposed to these hazards are provided with pre-assignment and periodical medical examinations, in accordance with this provision of the Convention.

Article 12. In its previous comments, the Committee has requested the Government to indicate the processes, substances, machinery and equipment, to be specified by the competent authority, the use of which must be notified for authorization to be granted under prescribed conditions or for prohibition. The Government indicated in its report for the period ending June 1985, that a list of dangerous substances was being prepared as part of the National Occupational Safety Plan (1985-90). In its latest report, the Government has indicated that, due to insufficient staffing on the Occupational Health Council, the preparation of a list of dangerous substances has been postponed. The Government is requested to indicate, in its next report, the progress made in establishing a list of processes, substances, machinery and equipment, involving the exposure of workers to air pollution, noise or vibration, the use of which is to be notified to the competent authority for authorization, control or prohibition.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation concerning the following matters:

1. The Committee had noted from the Government's report for the period ending 30 June 1987 that the National Council for Occupational Health had undergone a reorganization in order to improve occupational health and safety conditions and to create inter-institutional commissions with the aim of developing technical occupational health and safety standards. The Government had aimed at, inter alia, promoting the application of certain provisions of the Convention. The Committee requests the Government to provide information in its next report on the activities of the National Council for Occupational Health and the progress made towards ensuring application of the Convention. 2. The Committee also noted that the draft regulations, to which the Government had made reference in its report for the period ending 30 June 1985, were in the course of being substantially revised. The Committee expressed the hope that the Government would be able to indicate in detail the progress made on the adoption of such regulations and standards and that full effect would be given to the following Articles of the Convention: Article 4, paragraph 2 (adoption of supplementary technical standards for the practical implementation of laws and regulations); Article 8, paragraphs 1 and 3 (establishment and regular revision of the criteria and exposure limits for all hazards covered by the Convention and in particular air pollution and vibrations at the workplace); Article 9 (adoption of technical measures or supplementary organizational measures for the protection of workers against hazards due to air pollution). 3. The Government is also requested to indicate the steps taken to ensure that pre-assignment and periodical medical examinations are provided to workers without cost in accordance with Article 11, paragraphs 1 and 2 of the Convention. 4. The Government had indicated in its report for the period ending June 1985 that a list of dangerous substances was being prepared as part of the National Occupational Safety Plan (1985-90). The Government is requested to indicate whether the list of dangerous substances provided for in the National Plan has been established and, if so, to supply a copy of the list and to indicate how applications for authorization to use the substances on this list, as well as other dangerous processes or materials, are submitted to the competent authority in accordance with Article 12 of the Convention. The Government is also requested to indicate whether any such substance, process or material has been prohibited or regulated by the competent authority.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

1. The Committee had noted from the Government's report for the period ending 30 June 1987 that the National Council for Occupational Health had undergone a reorganisation in order to improve occupational health and safety conditions and to create inter-institutional commissions with the aim of developing technical occupational health and safety standards. The Government had aimed at, inter alia, promoting the application of certain provisions of the Convention. The Committee requests the Government to provide information in its next report on the activities of the National Council for Occupational Health and the progress made towards ensuring application of the Convention. 2. The Committee also noted that the draft regulations, to which the Government had made reference in its report for the period ending 30 June 1985, were in the course of being substantially revised. The Committee expressed the hope that the Government would be able to indicate in detail the progress made on the adoption of such regulations and standards and that full effect would be given to the following Articles of the Convention: Article 4, paragraph 2 (adoption of supplementary technical standards for the practical implementation of laws and regulations); Article 8, paragraphs 1 and 3 (establishment and regular revision of the criteria and exposure limits for all hazards covered by the Convention and in particular air pollution and vibrations at the workplace); Article 9 (adoption of technical measures or supplementary organisational measures for the protection of workers against hazards due to air pollution). 3. The Government is also requested to indicate the steps taken to ensure that pre-assignment and periodical medical examinations are provided to workers without cost in accordance with Article 11, paragraphs 1 and 2 of the Convention. 4. The Government had indicated in its report for the period ending June 1985 that a list of dangerous substances was being prepared as part of the National Occupational Safety Plan (1985-90). The Government is requested to indicate whether the list of dangerous substances provided for in the National Plan has been established and, if so, to supply a copy of the list and to indicate how applications for authorisation to use the substances on this list, as well as other dangerous processes or materials, are submitted to the competent authority in accordance with Article 12 of the Convention. The Government is also requested to indicate whether any such substance, process or material has been prohibited or regulated by the competent authority.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the report received from the Government does not respond to the comments made in its previous direct request. It hopes that the Government will soon supply full information on the following matters which were raised in its previous comments for several years now.

1. The Committee had noted from the Government's report for the period ending 30 June 1987 that the National Council for Occupational Health had undergone a reorganisation in order to improve occupational health and safety conditions and to create inter-institutional commissions with the aim of developing technical occupational health and safety standards. The Government had aimed at, inter alia, promoting the application of certain provisions of the Convention. The Committee requests the Government to provide information in its next report on the activities of the National Council for Occupational Health and the progress made towards ensuring application of the Convention.

2. The Committee also noted that the draft regulations, to which the Government had made reference in its report for the period ending 30 June 1985, were in the course of being substantially revised. The Committee expressed the hope that the Government would be able to indicate in detail the progress made on the adoption of such regulations and standards and that full effect would be given to the following Articles of the Convention: Article 4, paragraph 2 (adoption of supplementary technical standards for the practical implementation of laws and regulations); Article 8, paragraphs 1 and 3 (establishment and regular revision of the criteria and exposure limits for all hazards covered by the Convention and in particular air pollution and vibrations at the workplace); Article 9 (adoption of technical measures or supplementary organisational measures for the protection of workers against hazards due to air pollution).

3. The Government is also requested to indicate the steps taken to ensure that pre-assignment and periodical medical examinations are provided to workers without cost in accordance with Article 11, paragraphs 1 and 2 of the Convention.

4. The Government had indicated in its report for the period ending June 1985 that a list of dangerous substances was being prepared as part of the National Occupational Safety Plan (1985-90). The Government is requested to indicate whether the list of dangerous substances provided for in the National Plan has been established and, if so, to supply a copy of the list and to indicate how applications for authorisation to use the substances on this list, as well as other dangerous processes or materials, are submitted to the competent authority in accordance with Article 12 of the Convention. The Government is also requested to indicate whether any such substance, process or material has been prohibited or regulated by the competent authority.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters which were raised in its previous direct request:

1. With reference to its previous direct requests, the Committee has noted from the Government's report for the period ending 30 June 1987 that the National Council for Occupational Health had recently undergone a reorganisation in order to improve the promotion of occupational health and safety conditions and to facilitate the development of technical occupational health and safety standards, including those which would give effect to certain provisions of this Convention.

2. The Committee also noted that the draft regulations, to which the Government had made reference in its report for the period ending 30 June 1985, were in the course of being substantially revised. The Committee hopes that in the next report the Government will be able to indicate in detail the progress made on the adoption of such regulations and standards and that full effect will be given to the following Articles of the Convention: Article 4, paragraph 2 (adoption of supplementary technical standards for the practical implementation of laws and regulations); Article 8, paragraphs 1 and 3 (establishment and regular revision of the criteria and exposure limits for all hazards covered by the Convention and in particular air pollution and vibrations at the workplace); Article 9: (adoption of technical measures or supplementary organisational measures for the protection of workers against hazards due to air pollution).

3. The Committee had noted further that as part of the practical measures provided for in the National Occupational Safety Plan (1985-1990) a massive publicity campaign had been launched to inform and educate workers on the occupational health provisions and the prevention of hazards in the workplace. Further, in respect of the implementation of the National Plan, the Committee would be grateful if the Government would indicate in its next report whether pre-assignment and periodical medical examinations are now provided to workers without cost in accordance with Article 11, paragraphs 1 and 2, of the Convention. Further please indicate whether the list of dangerous substances provided for in the National Plan has been established. If so, please supply a copy of the list with the next report and indicate how applications for authorisation to use the substances on this list as well as other dangerous processes or materials are submitted to the competent authority in accordance with Article 12 of the Convention. Please also indicate whether any such substance, process or material has been prohibited by the competent authority.