Medical Examination of Young Persons (Industry) Convention, 1946 (No. 77) - Bolivia (Plurinational State of) (Ratification: 1973)

Individual Case (CAS) - Discussion: 2004, Publication: 92nd ILC session (2004)

A Government representative (Minister of Labour and Employment) stated that he would be self-critical as his country had not provided information in due time and that this communication failure could be explained by factors related to political changes. With reference to the comments made by the Committee of Experts concerning the absence of laws or regulations, he indicated that such provisions did indeed exist, namely: (a) the Code of Children and Adolescents, of 27 October 1999, section 137 of which set forth guarantees and rights while section 140 provided for compulsory social security coverage; (b) the regulations under the Code, of 8 April 2004; and (c) a joint ministerial resolution according to which the Ministries of Labour and Health provided for free medical examinations for young workers in rural and urban areas. The suitability for work of young persons had to be certified. This was also related to the plan for the progressive eradication of the worst forms of child labour. He also referred to Ministerial Resolution No. 301 of 7 June 2004, which set the extent and the limits of working hours. Regulations were being prepared for other provisions so as to bring rural employees within the scope of the General Labour Act. Regulations were also being prepared under the Act respecting health, occupational safety and welfare. He added that legislative provisions and concerted action existed and he regretted the lack of appropriate information. For example, with regard to the strategy for the eradication of child labour, action was focused on two sectors, namely sugar cane and mining. The mechanisms to combat these problems were of a tripartite nature. He noted that great efforts were being made to consolidate social dialogue machinery for the development of policies, programmes and projects related to social and labour rights. Activities were being undertaken with the Bolivian Workers Confederation (COB) and the Confederation of Private Employers of Bolivia (CEPB) and it was hoped to establish a National Industrial Relations Council. He reiterated that the Government was profoundly self-critical with regard to the information that it ought to have provided, but he indicated that it was making progress in the establishment of appropriate provisions and he hoped that the written report provided by the Government would prove to be satisfactory in relation to the matters raised by the Committee.

The Worker members recalled that 31 years ago Bolivia had ratified the Convention and that the Committee of Experts had been making comments on its application for 25 years. The Convention itself was closely linked to Conventions Nos. 182 and 111. Unemployment and underemployment, which were hitting young people hard in Bolivia, gave additional topicality to the provisions of the Convention. Good protection in safety and health at the workplace depended on an efficient inspection system. However, this system was deficient in Bolivia, despite the country having ratified Convention No. 81 thirty years ago and, contrary to the provisions of the Convention, no annual report had ever been sent to the ILO. The Worker members also deplored the fact that in Bolivia the social protection system foreseen by the Convention was in the hands of private bodies. The Worker members urged the Government to take the necessary measures without delay to implement the VALORA plan together with the social partners, and to make use of ILO's technical assistance.

The Employer members observed that requests to rectify the law and practice concerning the medical examination of young persons had been made for more than 25 years, the reason for which a footnote had been added calling on the Government to supply full particulars to the Conference. They observed that the Government had referred to a joint ministerial resolution to put into effect a Voluntary Plan on the Adaptation of Work (VALORA) and that it had also provided information to the Committee on additional decrees and statements. The Committee of Experts had already taken note of the VALORA plan which was supposed to be a sort of miracle instrument, aiming at achieving a formidable range of objectives including: a decrease in accidents and occupational diseases; increased efficiency and work quality; decreased production costs and social conflicts; increased worker motivation and commitment of the enterprises; and finally, acknowledgement by society for healthy enterprises. While it was certainly very positive that the Government was promising advantages to all stakeholders, enterprises would have to be prepared to implement this plan on a voluntary basis. In addition, the plan involved many steps. Once the results were obtained from the plan, they would then be analysed and evaluated to serve as a basis for the elaboration of legal standards. The Employer members noted that since the plan was voluntary, a lot of work and probably special incentives would be necessary in order to convince the enterprises to participate. If such a voluntary scheme worked, it would certainly be better than a compulsory one. As for the analysis of the results with a view to adopting legislation, they noted that such evaluation would take a lot of time and the Government had already spent many years in stagnation. They therefore urged the Government to speed up the process of implementation and suggested that the Government should provide specific information as to when the process would be completed so that everybody could be protected by law. The Government had presented to the Committee new information about recent steps (an agreement, a form and a draft decree on the medical examination of young persons in the agricultural sector) which could not be evaluated at this stage. The Employer members concluded by emphasizing that the Government should take all necessary steps to implement its plans and report to the Committee of Experts on a comprehensive basis so that the matter could be examined thoroughly. The numerous measures adopted after all these years needed to be analysed in detail on the basis of a precise written report.

The Employer member of Bolivia regretted that the Experts did not have sufficient information at their disposal on the Bolivian legislation and indicated that many legal provisions existed in Bolivia with regard to medical examination at the time of admission to employment, some of which preceded the ratification of the Convention. Section 95 of the General Labour Act established a medical examination at the time of admission to employment as an essential precondition to obtaining a contract. This provision was in conformity with the Occupational Health and Safety Act (section 4.1), the Regulatory Decree of the Pensions Act (section 56) and the Social Security Code (section 117). Other legal provisions established, for example, the employer's obligation to maintain a record of medical certificates or to repeat the medical examinations 12 months after a change of employer. With regard to the medical examination of young workers in particular, he indicated that the Code of Children and Adolescents, Act No. 2026 of 1999, established the obligation to have young workers undergo a periodic medical examination. Moreover, as it was indicated by the Government representative, a joint ministerial resolution had recently been approved in order to adequately regulate the application of the Convention. The social security authorities had called upon the Bolivian employers to verify implementation, although it should be clarified that the management of risks and accidents was the responsibility of public institutions. It emerged from this comprehensive examination that the necessary measures had been adopted with regard to the application of the Convention.

The Worker member of France welcomed the wealth of information presented by the Government after 25 years of silence. He was satisfied that it was a sign of good will from the Government which recognized its past negligence and showed a constructive attitude. However, the Government had demonstrated no concrete evidence of practical measures or regulations giving effect to Articles 2, 3, 5 and 7 of the Convention. The Convention provided for a compulsory medical examination upon admission to work for those less than 18 years of age and that the latter should have regular medical examinations until the age of 21 if the work presented high health risks; that these examinations should be free and that work aptitude certificates should be made available to the labour inspectors; and that finally, in a case of proven inaptitude, measures would be taken. Using these technical provisions, the Convention aimed at protecting the right to health, which was directly linked to the right to life. He stressed that the VALORA plan, mentioned by the Government, was in fact only a voluntary scheme and not a binding standard as laid down by the Convention. In addition, this instrument did not make a distinction between health and safety at work, productivity cost reduction and reduction of social conflicts. However, the Convention demanded strict laws and regulations to ensure the protection of adolescents at work. The voluntary measures, though useful, did not replace legislation. Finally, he asked the Committee of Experts to examine all the details presented by the Government to determine how much they gave effect to the Convention.

The Government member of Argentina stated that the information and documentation presented by the Government of Bolivia demonstrated concrete progress.

The Government representative expressed the Government's firm will to regulate the medical examination of young persons in industry. The VALORA plan was a general programme providing employers with incentives to participate in the adoption of preventive measures against occupational health and safety risks. When the employer was voluntarily engaged in this programme, he received certain benefits, such as compensation. He added that the immediate objective to protect young persons entering the labour market included the regulation of the situation of salaried work in rural areas. Until now, this sector had not had any protection, and this had led in the past to cases of forced labour and non-application of basic workers' rights. Efforts were currently being made to regulate work in the agricultural sector in order to bring it within the scope of the General Labour Act. He indicated that labour provisions were very dispersed and required ordering, as certain areas of labour had not been regulated until now.

The Worker members stated that the points they wished to make were linked to Conventions Nos. 138 and 182, which forbade work in mines to adolescents of less than 18 years of age. They wished the Committee to recall the compulsory nature of a medical examination for admission to work for those under 18; the frequency of medical aptitude examinations at work; the frequency of medical examinations until 21 years of age for work which involved high health risks; the principle of free examinations; the measures to be taken when an examination showed the inaptitude of an adolescent for work; and labour inspection access to a medical aptitude certificate and workbook. Finally, the Worker members maintained that the Government should be encouraged to accept ILO's technical assistance in this field.

The Employer members indicated that the link between the fundamental Conventions dealing with the age of admission to employment and the eradication of the worst forms of child labour - Conventions Nos. 138 and 182 - was evident from facts evoked in the discussion but might not be formally established by the Committee as they were not mentioned in the report of the Committee of Experts.

The Committee took note of the information provided by the Minister of Labour and Employment and the discussion that followed. The Committee took note of the measures foreseen in order to address the problems relative to the medical examination of minors and the information on the current revision of laws and regulations relating to minors, the provisions of the Code of Children and Adolescents of 1999 and 2004, the Regulation of the Labour Code, and resolution No. 301 of 7 June 2004 which concerned the implementation of fundamental rights at work. The Committee noted in particular that the Ministry of Labour had adopted an agreement with the Bolivian Standardization and Quality Institute for the elaboration of a provision which regulated the General Law on Occupational Hygiene, Security and Well-Being, of adolescents in industrial undertakings and the mining industry. It also noted that a Supreme Decree on the incorporation of wage-earning rural workers in the labour legislation was in the process of approval and contained a specific chapter on work by adolescents in order to protect their rights.

While noting with interest the abovementioned reform, the Committee urged the Government to adopt rapidly the announced regulation, in order to ensure the application of this important Convention, which was one of the fundamental Conventions in the area of child labour and had been ratified 30 years ago by Bolivia. The Worker members referred to the relationship between this Convention and Conventions Nos. 138 and 182, in particular with regard to the minimum age for work which was harmful to health and safety. Moreover, the Committee requested the Government to adopt the necessary measures in coordination and collaboration with the most representative organizations of employers and workers concerned, in order to guarantee the dissemination of information to all persons interested in the medical examination of minors under 18 years of age before their admission to employment so that the Convention could be implemented in law as well as in practice. The Committee requested in particular information on the action taken by the Labour Inspectorate. The Committee expressed the hope that the Government would avail itself of the technical assistance of the Office in order to resolve the problems raised by the Committee of Experts.

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

Previous comment under Conventions Nos 77 and 78 and previous comment under Convention No. 124

In order to provide an overview of the issues concerning the application of the Conventions on the medical examination of young persons, the Committee considers it appropriate to examine Conventions Nos 77, 78 and 124 in a single comment.

Article 2(1) of Conventions Nos 77 and 78. Medical examination for fitness for employment. The Committee notes, from the Government’s report, the adoption of Law No. 1139 of 20 December 2018 which amends the Code for Children and Young Persons 2014. It notes with interest that section 131 of the Code for Children and Young Persons 2014, as amended, provides that young persons of at least 14 years of age who wish to engage in employment: (1) must freely express their willingness to carry out any labour activity or work, (2) whether it relates to work on their own account or on account of another, must obtain the authorization from the Ombudsperson for Children and Adolescents; and (3) in either case, the Ombudsperson for Children and Adolescents, before granting the authorization to work, must order a comprehensive medical assessment certifying the young person’s health and their physical and mental capacity for the performance of the corresponding work or the work activity. The Committee requests the Government to provide information on how the application of section 131 of the Code for Children and Young Persons is ensured in practice.

Medical examination for fitness for employment and periodic re-examinations required for persons under 21 years of age in underground work (Article 2(1) of Convention No. 124). Periodical medical examinations (Article 3(2) and (3) of Conventions Nos 77 and 78). Medical examinations required until the age of 21 years in occupations which involve high health risks (Article 4 of Conventions Nos 77 and 78). Appropriate measures for the vocational guidance and physical and vocational rehabilitation of young persons found by medical examination to be unsuited to certain types of work or to have physical handicaps or limitations (Article 6 of Conventions Nos 77 and 78). Further to its previous comments, the Committee notes with concern, the Government’s indication that the Bill on occupational safety and health, is still waiting to be adopted by the Parliament. It notes the Government’s repeated statement that it undertakes to monitor the status of this issue in front of the Parliament and promote discussions on the matter in the legislative body. Recalling that the Government has been referring to the Bill on occupational safety and health since 2011, the Committee urges the Government to take all the necessary measures to ensure that the Bill is adopted without delay and to ensure observance of these provisions of the Conventions. It requests the Government to provide information on any progress made in this regard.

Article 7(2) of Convention No. 78. Supervision of the application of the system of medical examination for fitness for employment to children and young persons engaged either on their own account or on account of their parents. Noting that the Government remains silent on this point, the Committee requests it to ensure: (i) the adoption, without delay, of the Bill on occupational safety and health; and (ii) that it will contain provisions determining the measures of identification to ensure the application of the system of medical examination for fitness for employment to children and young persons engaged either on their own account or on account of their parents in itinerant trading or in any other occupation carried out in the streets or in places to which the public have access, as well as any other methods of supervision to be adopted to ensure the strict enforcement of the Convention, in accordance with Article 7(2) of the Convention. The Committee requests the Government to provide information on any progress made in this regard.

Application of the Conventions in practice. The Committee notes the Government’s indication that all authorizations to work need to be recorded in a Register of authorizations and must contain compulsory information, including but not limited to, the name, age and activity of the child, as well as the medical examination report and the official Form of authorization signed by a parent or legal guardian and issued by the Ministry of Labour, Employment and Social Welfare (MTEPS) (section 42 of the Supreme Decree No. 2377 regulating Law No. 548 on the Code for Children and Young Persons). The Government also states that section 138 of the Code for Children and Young Persons provides that it is the Ombudsperson for Children and Adolescents who is responsible for the Register of authorizations of all children engaged in work, and upon request, the Ombudsperson shall submit copies of the Register to the MTEPS for the purposes of inspection and supervision. The Committee notes that, in 2022, the MTEPS issued a request to all municipal authorities to provide copies of their Registers of authorization of children in work and received information from 21 municipalities. Out of the replies received, only four municipalities had dealt with procedures of authorization of work of young persons, for a total of 48 authorizations. The Government indicates that all these 48 cases complied with the requirement of medical examinations. However, the Committee notes that it is not clear if this includes the requirement of periodical medical examinations (Article 2(1) of Convention No. 124 and Article 3 of Conventions Nos 77 and 78). The Government adds that it will endeavour to obtain the requested information from all municipalities and ensure that further information is provided on the type of work authorized to be performed by young persons, in order to provide comprehensive statistical data to this Committee. The Committee requests the Government to continue to collect and provide information on the number of children and young persons who are engaged in work and have undergone the periodical medical examinations envisaged in the Conventions. Considering the low number of registered authorizations, the Committee encourages the Government to strengthen its efforts to ensure that all young persons who work in the country will progressively be covered by the protection afforded by the Conventions, including children and young persons engaged either on their own account or on account of their parents, in itinerant trading or in any other occupation carried out in the streets or in places to which the public have access. Please also provide extracts from the reports of the inspection services relating to any infringements reported and the penalties imposed.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

In order to provide an overview of the issues concerning the application of the core Conventions on the medical examination of young persons, the Committee considers it appropriate to examine Conventions Nos 77 and 78 in a single comment.

Article 2(1) of Conventions Nos 77 and 78. Medical examination for fitness for employment. The Committee previously noted Decision No. 001 of 11 May 2004, issued by the Ministers of Labour and of Health and Sports (SEDES), section 1 of which provides that the Ministry of Health and Sports, through its ministries and municipal authorities, shall allocate the necessary and adequate medical personnel so that, in coordination with the Ministry of Labour, free medical examinations are carried out for boys, girls and young persons who are working in the industrial and agricultural sectors and who work on their own account in urban or rural areas, under the terms of section 137(1)(b) of the Code on Boys, Girls and Young Persons of 1999. In this respect, the Committee noted section 137(1)(b) of the Code, under the terms of which young persons engaged in work shall periodically undergo medical examination. It observed that the expression “medical examinations” contained in section 1 of Decision No. 001 of 11 May 2004 only appears to refer to the periodical medical examinations that young persons have to undergo during employment, but not the thorough medical examination of their fitness for work. The Government indicated, however, that the Ministry of Labour, Employment and Social Welfare was preparing a new Bill on occupational safety and health.

While noting that section 131(4) of the new Code on Children and Young Persons provides that the issuance of work permits is subject to prior medical examination for persons under 18 years, the Committee observes that this work permit can be granted to children from the age of ten. The Committee recalls that this issue was raised by this Committee as well as the Committee on the Application of Standards in 2015. In this regard, the Committee refers to its detailed comments of 2015 concerning the application of the Minimum Age Convention, 1973 (No. 138).

Periodical medical examinations (Article 3(2) and (3) of Conventions Nos 77 and 78). Medical examinations required until the age of 21 years in occupations which involve high health risks (Article 4 of Conventions Nos 77 and 78). Appropriate measures for the vocational guidance and physical and vocational rehabilitation of young persons found by medical examination to be unsuited to certain types of work or to have physical handicaps or limitations (Article 6 of Conventions Nos 77 and 78). Further to its previous comments, the Committee notes once again that the Bill on occupational safety and health has still not been adopted and that the Government does not appear to have taken any measures to give legal effect to these provisions of the Conventions. The Committee requests the Government to take the necessary measures to adopt the Bill without delay to ensure observance of these provisions of the Conventions. It requests the Government to provide information on any progress made in this regard.

Article 7(2) of Convention No. 78. Supervision of the application of the system of medical examination for fitness for employment to children and young persons engaged either on their own account or on account of their parents. The Committee previously noted that no measure has been taken by the Government to ensure the supervision of the application of the system of medical examination for fitness for employment to children and young persons engaged either on their own account or on account of their parents, or in the informal economy. The Committee expresses the firm hope that the Bill on occupational safety and health will be adopted in the near future and that it will contain provisions determining the measures of identification to ensure the application of the system of medical examination for fitness for employment to children and young persons engaged either on their own account or on account of their parents in itinerant trading or in any other occupation carried out in the streets or in places to which the public have access, as well as the other methods of supervision to be adopted for ensuring the strict enforcement of the Convention, in accordance with Article 7(2) of the Convention.

Application of the Conventions in practice. In its previous comments, the Committee noted that due to economic constraints, there are certain shortcomings in the application of this Convention, particularly in the capitals of remote departments, such as Cobija and Trinidad, and in rural areas. Nevertheless, it noted that the Government had adopted measures, in accordance with the possibilities available to it, so that all young persons who work in the country will progressively be covered by the protection afforded by the Convention. Noting the absence of information in the Government’s report, the Committee requests the Government to provide information on progress achieved in relation to the application of the Convention in practice, by providing in particular, in accordance with available capacities, information concerning the number of children and young persons who are engaged in work and have undergone the periodical medical examinations envisaged in the Convention and extracts from the reports of the inspection services relating to any infringements reported and the penalties imposed.

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

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

In order to provide an overview of the issues concerning the application of the core Conventions on the medical examination of young persons, the Committee considers it appropriate to examine Conventions Nos 77 and 78 in a single comment.

Article 2(1) of Conventions Nos 77 and 78. Medical examination for fitness for employment. The Committee previously noted Decision No. 001 of 11 May 2004, issued by the Ministers of Labour and of Health and Sports (SEDES), section 1 of which provides that the Ministry of Health and Sports, through its ministries and municipal authorities, shall allocate the necessary and adequate medical personnel so that, in coordination with the Ministry of Labour, free medical examinations are carried out for boys, girls and young persons who are working in the industrial and agricultural sectors and who work on their own account in urban or rural areas, under the terms of section 137(1)(b) of the Code on Boys, Girls and Young Persons of 1999. In this respect, the Committee noted section 137(1)(b) of the Code, under the terms of which young persons engaged in work shall periodically undergo medical examination. It observed that the expression “medical examinations” contained in section 1 of Decision No. 001 of 11 May 2004 only appears to refer to the periodical medical examinations that young persons have to undergo during employment, but not the thorough medical examination of their fitness for work. The Government indicated, however, that the Ministry of Labour, Employment and Social Welfare was preparing a new Bill on occupational safety and health.

While noting that section 131(4) of the new Code on Children and Young Persons provides that the issuance of work permits is subject to prior medical examination for persons under 18 years, the Committee observes that this work permit can be granted to children from the age of ten. The Committee recalls that this issue was raised by this Committee as well as the Committee on the Application of Standards in 2015. In this regard, the Committee refers to its detailed comments of 2015 concerning the application of the Minimum Age Convention, 1973 (No. 138).

Periodical medical examinations (Article 3(2) and (3) of Conventions Nos 77 and 78). Medical examinations required until the age of 21 years in occupations which involve high health risks (Article 4 of Conventions Nos 77 and 78). Appropriate measures for the vocational guidance and physical and vocational rehabilitation of young persons found by medical examination to be unsuited to certain types of work or to have physical handicaps or limitations (Article 6 of Conventions Nos 77 and 78). Further to its previous comments, the Committee notes once again that the Bill on occupational safety and health has still not been adopted and that the Government does not appear to have taken any measures to give legal effect to these provisions of the Conventions. The Committee requests the Government to take the necessary measures to adopt the Bill without delay to ensure observance of these provisions of the Conventions. It requests the Government to provide information on any progress made in this regard.

Article 7(2) of Convention No. 78. Supervision of the application of the system of medical examination for fitness for employment to children and young persons engaged either on their own account or on account of their parents. The Committee previously noted that no measure has been taken by the Government to ensure the supervision of the application of the system of medical examination for fitness for employment to children and young persons engaged either on their own account or on account of their parents, or in the informal economy. The Committee expresses the firm hope that the Bill on occupational safety and health will be adopted in the near future and that it will contain provisions determining the measures of identification to ensure the application of the system of medical examination for fitness for employment to children and young persons engaged either on their own account or on account of their parents in itinerant trading or in any other occupation carried out in the streets or in places to which the public have access, as well as the other methods of supervision to be adopted for ensuring the strict enforcement of the Convention, in accordance with Article 7(2) of the Convention.

Application of the Conventions in practice. In its previous comments, the Committee noted that due to economic constraints, there are certain shortcomings in the application of this Convention, particularly in the capitals of remote departments, such as Cobija and Trinidad, and in rural areas. Nevertheless, it noted that the Government had adopted measures, in accordance with the possibilities available to it, so that all young persons who work in the country will progressively be covered by the protection afforded by the Convention. Noting the absence of information in the Government’s report, the Committee requests the Government to provide information on progress achieved in relation to the application of the Convention in practice, by providing in particular, in accordance with available capacities, information concerning the number of children and young persons who are engaged in work and have undergone the periodical medical examinations envisaged in the Convention and extracts from the reports of the inspection services relating to any infringements reported and the penalties imposed.

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

Article 2(1) of the Convention. Medical examination for fitness for employment. The Committee previously noted Decision No. 001 of 11 May 2004, issued by the Ministers of Labour and of Health and Sports (SEDES), section 1 of which provides that the Ministry of Health and Sports, through its ministries and municipal authorities, shall allocate the necessary and adequate medical personnel so that, in coordination with Ministry of Labour, free medical examinations are carried out of boys, girls and young persons who are working in the industrial and agricultural sectors and who work on their own account in urban or rural areas, under the terms of section 137(1)(b) of the Code on Boys, Girls and Young Persons of 1999. In this respect, the Committee noted section 137(1)(b) of the Code, under the terms of which young persons engaged in work shall periodically undergo medical examination. It observed that the expression “medical examinations” contained in section 1 of Decision No. 001 of 11 May 2004 only appears to refer to the periodical medical examinations that young persons have to undergo during employment, but not the thorough medical examination of their fitness for work. Observing that the Ministry of Labour, with the technical assistance of the Bolivian Standardization and Quality Institute (IBNORCA) had drawn up regulations under the General Occupational Safety, Health and Welfare Act, covering work by children in industry, commerce, mining and agriculture, the Committee requested the Government to provide information on the progress achieved in terms of the establishment of a thorough medical examination before admission to employment in the framework of the implementation of these regulations.

The Committee notes the information provided by the Government that the regulations under the General Occupational Safety, Health and Welfare Act, which address work by children in industry, commerce, mines and agriculture, have not been approved. However, the Government indicates in its report that the Ministry of Labour, Employment and Social Welfare is preparing a new Bill on occupational safety and health. The Committee expresses the firm hope that the Bill on occupational safety and health will be adopted in the very near future and that it will contain provisions to the effect that children and young persons under 18 years of age may not be admitted to employment in an industrial enterprise unless they have been found fit for the employment in which they will be engaged following a thorough medical examination. It requests the Government to provide information on any progress achieved in this respect.

With regard to the frequency of the periodical medical examinations (Article 3(2) and (3)), the medical examinations required until the age of at least 21 years in occupations which involve high health risks (Article 4) and the adoption of appropriate measures for the vocational guidance and physical and vocational rehabilitation of children and young workers found by medical examination to be unsuited to certain types of work or to have physical handicaps or limitations (Article 6), the Committee expresses the firm hope that the Bill on occupational safety and health will be adopted in the near future so as to guarantee compliance with these provisions of the Convention. It requests the Government to provide information in its next report on any progress achieved in this respect.

Part V of the report form. Application of the Convention in practice. In its previous comments, the Committee noted that, due to economic constraints, there are certain shortcomings in the application of the Convention, particularly in the capitals of remote departments, such as Cobija and Trinidad, and in rural areas. Nevertheless, it noted that the Government has adopted measures, in accordance with the possibilities available to it, so that all young persons who work in the country will progressively be covered by the protection afforded by the Convention.

The Committee notes the information provided by the Government that the Ministry of Labour, Employment and Social Welfare has registered three cases of children aged between 10 and 14 years who underwent a medical examination during the course of 2009. The Committee encourages the Government to continue providing information on the progress achieved in relation to the application of the Convention in practice, including through the provision, insofar as the available capacity so allows, of statistical data on the number of children and young persons who are engaged in work and have undergone the periodical medical examinations envisaged in the Convention, as well as extracts from the reports of the inspection services relating to the infringements reported and the penalties imposed.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report contains no reply to its previous comments. It is therefore bound to repeat its previous observation, which read as follows:

Article 2, paragraph 1, of the Convention. Medical examination for fitness   for employment. The Committee noted Decision No. 001 of 11 May 2004, issued by the Ministers of Labour and of Health and Sports (SEDES), section 1 of which provides that the Ministry of Health and Sports, through its ministries and municipal authorities, shall allocate the necessary and adequate medical personnel so that, in coordination with the Ministry of Labour, free medical examinations are carried out of the fitness for employment of working boys, girls and young persons in the industrial and agricultural sectors and for own account work, in urban and rural areas, in application of section 137(1)(b) of the Code on Boys, Girls and Young Persons of 1999. In this respect, the Committee noted section 137(1)(b) of the Code on Boys, Girls and Young Persons of 1999, under the terms of which young workers shall periodically undergo medical examination. Noting that the medical examinations envisaged under section 1 of Decision No. 001 of 11 May 2004 appear to refer solely to the periodical medical examinations of young persons to be carried out during employment, the Committee reminded the Government that, in accordance with Article 2(1) of the Convention, no young persons under 18 years of age shall be admitted to employment unless they have been found to be fit for work by a thorough medical examination. Furthermore, the Committee noted the Government’s indication that the Ministry of Labour, with the technical assistance of the Bolivian Standardization and Quality Institute (IBNORCA), has formulated regulations under the General Occupational Safety, Health and Welfare Act on work by young persons in industry, commerce, mining and agriculture. These regulations are due to come into force shortly. The Committee therefore once again requests the Government to provide information on the progress achieved in this regard and on the establishment of thorough medical examination before admission to employment.

With regard to the frequency of the periodical medical examinations (Article 3(2) and (3)), the medical examinations required until the age of 21 years in occupations which involve high health risks (Article 4) and the adoption of appropriate measures for the vocational guidance and physical and vocational rehabilitation of young persons found by medical examination to be unsuited to certain types of work or to have physical handicaps or limitations (Article 6), the Committee noted the Government’s indication that these subjects have not yet been covered. Nevertheless, the Government indicated that these and other matters envisaged by the Convention would be defined in the regulations on work by young persons issued under the General Occupational Health, Safety and Welfare Act. The Committee therefore hopes that these regulations will be adopted in the near future to give effect to these provisions of the Convention. It once again requests the Government to supply a copy of these regulations as soon as adopted.

Part V of the report form. Application in practice. The Committee noted that, due to economic constraints, there are certain shortcomings in the application of this Convention, particularly in the capitals of remote departments, such as Cobija and Trinidad, and in rural areas. Nevertheless, the Government was adopting measures, in accordance with the possibilities available to it, so that all young persons who work in the country will progressively be covered by the protection afforded by the Convention. The Committee noted the Government’s statement with interest. It once again requests it to continue providing information on the progress achieved in the application of the Convention in practice in the country. The Committee also once again requests the Government to provide, if such statistics are available, information concerning the number of children and young persons who are engaged in work and have undergone the periodical medical examinations envisaged in the Convention; extracts from the reports of the inspection services relating to any infringements reported and the penalties imposed; and any other information illustrating the application of the Convention in practice.

Work by young persons in agriculture. Even though the Convention does not cover agricultural work, the Committee noted with interest the draft Presidential Decree regulating the exercise of and compliance with rights and obligations arising out of agricultural employment. Section 28(IV) provides that, before being admitted to employment, young persons shall undergo a free medical examination of fitness for work, which shall be repeated periodically. This provision also requires employers to maintain at the disposal of labour inspectors the corresponding medical certificate of fitness for employment. The Committee considered that this provision reflects the principle set out in Articles 2, 3 and 7 of the Convention with regard to agricultural work. In this respect, the Committee noted that the draft Presidential Decree is currently in the process of being approved by the Economic Policy Analysis Unit (UDAPE), which is a government technical body responsible for preparing a preliminary report on the relevance of the approval of any legal provision by the Cabinet of Ministers. The Committee once again asks the Government to include provisions in the above draft relating to the intervals at which medical examinations shall be carried out (Article 3(2) of the Convention).

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

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

The Committee notes with regret that for the third consecutive year the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 2, paragraph 1, of the Convention. Medical examination for fitness for employment. The Committee noted Decision No. 001 of 11 May 2004, issued by the Ministers of Labour and of Health and Sports (SEDES), section 1 of which provides that the Ministry of Health and Sports, through its ministries and municipal authorities, shall allocate the necessary and adequate medical personnel so that, in coordination with the Ministry of Labour, free medical examinations are carried out of the fitness for employment of working boys, girls and young persons in the industrial and agricultural sectors and for own account work, in urban and rural areas, in application of section 137(1)(b) of the Code on Boys, Girls and Young Persons of 1999. In this respect, the Committee noted section 137(1)(b) of the Code on Boys, Girls and Young Persons of 1999, under the terms of which young workers shall periodically undergo medical examination. Noting that the medical examinations envisaged under section 1 of Decision No. 001 of 11 May 2004 appear to refer solely to the periodical medical examinations of young persons to be carried out during employment, the Committee reminded the Government that, in accordance with Article 2, paragraph 1, of the Convention, no young persons under 18 years of age shall be admitted to employment unless they have been found to be fit for work by a thorough medical examination. Furthermore, the Committee noted the Government’s indication that the Ministry of Labour, with the technical assistance of the Bolivian Standardization and Quality Institute (IBNORCA), has formulated regulations under the General Occupational Safety, Health and Welfare Act on work by young persons in industry, commerce, mining and agriculture. These regulations are due to come into force shortly. The Committee therefore once again requests the Government to provide information on the progress achieved in this regard and, on the establishment of thorough medical examination before admission to employment.

With regard to the frequency of the periodical medical examinations (Article 3, paragraphs 2 and 3), the medical examinations required until the age of 21 years in occupations which involve high health risks (Article 4) and the adoption of appropriate measures for the vocational guidance and physical and vocational rehabilitation of young persons found by medical examination to be unsuited to certain types of work or to have physical handicaps or limitations (Article 6), the Committee noted the Government’s indication that these subjects have not yet been covered. Nevertheless, the Government indicated that these and other matters envisaged by the Convention would be defined in the regulations on work by young persons issued under the General Occupational Health, Safety and Welfare Act. The Committee therefore hopes that these regulations will be adopted in the near future to give effect to these provisions of the Convention. It once again requests the Government to supply a copy of these regulations as soon as adopted.

Part V of the report form. Application in practice. The Committee noted that, due to economic constraints, there are certain shortcomings in the application of this Convention, particularly in the capitals of remote departments, such as Cobija and Trinidad, and in rural areas. Nevertheless, the Government was adopting measures, in accordance with the possibilities available to it, so that all young persons who work in the country will progressively be covered by the protection afforded by the Convention. The Committee noted the Government’s statement with interest. It once again requests it to continue providing information on the progress achieved in the application of the Convention in practice in the country. The Committee also once again requests the Government to provide, if such statistics are available, information concerning the number of children and young persons who are engaged in work and have undergone the periodical medical examinations envisaged in the Convention; extracts from the reports of the inspection services relating to any infringements reported and the penalties imposed; and any other information illustrating the application of the Convention in practice.

Work by young persons in agriculture. Even though the Convention does not cover agricultural work, the Committee noted with interest the draft Presidential Decree regulating the exercise of and compliance with rights and obligations arising out of agricultural employment. Section 28(IV) provides that, before being admitted to employment, young persons shall undergo a free medical examination of fitness for work, which shall be repeated periodically. This provision also requires employers to maintain at the disposal of labour inspectors the corresponding medical certificate of fitness for employment. The Committee considered that this provision reflects the principle set out in Articles 2, 3 and 7 of the Convention with regard to agricultural work. In this respect, the Committee noted that the draft Presidential Decree is currently in the process of being approved by the Economic Policy Analysis Unit (UDAPE), which is a Government technical body responsible for preparing a preliminary report on the relevance of the approval of any legal provision by the Cabinet of Ministers. The Committee once again asks the Government to include provisions in the above draft relating to the intervals at which medical examinations shall be carried out (Article 3, paragraph 2, of the Convention).

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

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

The Committee notes with regret that for the second consecutive year the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 2, paragraph 1, of the Convention. Medical examination for fitness for employment. The Committee noted Decision No. 001 of 11 May 2004, issued by the Ministers of Labour and of Health and Sports (SEDES), section 1 of which provides that the Ministry of Health and Sports, through its ministries and municipal authorities, shall allocate the necessary and adequate medical personnel so that, in coordination with the Ministry of Labour, free medical examinations are carried out of the fitness for employment of working boys, girls and young persons in the industrial and agricultural sectors and for own account work, in urban and rural areas, in application of section 137(1)(b) of the Code on Boys, Girls and Young Persons of 1999. In this respect, the Committee noted section 137(1)(b) of the Code on Boys, Girls and Young Persons of 1999, under the terms of which young workers shall periodically undergo medical examination. Noting that the medical examinations envisaged under section 1 of Decision No. 001 of 11 May 2004 appear to refer solely to the periodical medical examinations of young persons to be carried out during employment, the Committee reminded the Government that, in accordance with Article 2, paragraph 1, of the Convention, no young persons under 18 years of age shall be admitted to employment unless they have been found to be fit for work by a thorough medical examination. Furthermore, the Committee noted the Government’s indication that the Ministry of Labour, with the technical assistance of the Bolivian Standardization and Quality Institute (IBNORCA), has formulated regulations under the General Occupational Safety, Health and Welfare Act on work by young persons in industry, commerce, mining and agriculture. These regulations are due to come into force shortly. The Committee therefore requests the Government to provide information on the progress achieved in this connection and, on the establishment of thorough medical examination before admission to employment.

With regard to the frequency of the periodical medical examinations (Article 3, paragraphs 2 and 3), the medical examinations required until the age of 21 years in occupations which involve high health risks (Article 4) and the adoption of appropriate measures for the vocational guidance and physical and vocational rehabilitation of young persons found by medical examination to be unsuited to certain types of work or to have physical handicaps or limitations (Article 6), the Committee noted the Government’s indication that these subjects have not yet been covered. Nevertheless, the Government indicated that these and other matters envisaged by the Convention would be defined in the regulations on work by young persons issued under the General Occupational Health, Safety and Welfare Act. The Committee therefore hopes that these regulations will be adopted in the near future to give effect to these provisions of the Convention. It requests the Government to supply a copy of these regulations as soon as adopted.

Part V of the report form. Application in practice. The Committee noted that, due to economic constraints, there are certain shortcomings in the application of this Convention, particularly in the capitals of remote departments, such as Cobija and Trinidad, and in rural areas. Nevertheless, the Government was adopting measures, in accordance with the possibilities available to it, so that all young persons who work in the country will progressively be covered by the protection afforded by the Convention. The Committee noted the Government’s statement with interest. It requests it to continue providing information on the progress achieved in the application of the Convention in practice in the country. The Committee also requests the Government to provide, if such statistics are available, information concerning the number of children and young persons who are engaged in work and have undergone the periodical medical examinations envisaged in the Convention; extracts from the reports of the inspection services relating to any infringements reported and the penalties imposed; and any other information illustrating the application of the Convention in practice.

Work by young persons in agriculture. Even though the Convention does not cover agricultural work, the Committee noted with interest the draft Presidential Decree regulating the exercise of and compliance with rights and obligations arising out of agricultural employment. Section 28(IV) provides that, before being admitted to employment, young persons shall undergo a free medical examination of fitness for work, which shall be repeated periodically. This provision also requires employers to maintain at the disposal of labour inspectors the corresponding medical certificate of fitness for employment. The Committee considered that this provision reflects the principle set out in Articles 2, 3 and 7 of the Convention with regard to agricultural work. In this respect, the Committee noted that the draft Presidential Decree is currently in the process of being approved by the Economic Policy Analysis Unit (UDAPE), which is a Government technical body responsible for preparing a preliminary report on the relevance of the approval of any legal provision by the Cabinet of Ministers. The Committee asks the Government to include provisions in the above draft relating to the intervals at which medical examinations shall be carried out (Article 3, paragraph 2, of the Convention).

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

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

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 notes with great interest the progress achieved by the Government, i.e. the recent adoption of certain regulations on work by young persons, namely the regulations issued under the Code on Boys, Girls and Young Persons by Supreme Decree No. 27443, of 8 April 2004; Decision No. 001 of 11 May 2004 issued by the Ministries of Labour and of Health and Sports; Joint Ministerial Decision No. 299/04 of 4 June 2004; and Ministerial Decision No. 301/04 of 7 June 2004 approving the report form for compliance with fundamental labour rights. The Committee also notes the Government Plan for the Progressive Elimination of Child Labour 2000-10.

2. Article 2, paragraph 1, of the Convention. Medical examination for fitness for employment. The Committee notes Decision No. 001 of 11 May 2004, issued by the Ministers of Labour and of Health and Sports (SEDES), section 1 of which provides that the Ministry of Health and Sports, through its ministries and municipal authorities, shall allocate the necessary and adequate medical personnel so that, in coordination with the Ministry of Labour, free medical examinations are carried out of the fitness for employment of working boys, girls and young persons in the industrial and agricultural sectors and for own account work, in urban and rural areas, in application of section 137(1)(b) of the Code on Boys, Girls and Young Persons of 1999. In this respect, the Committee notes section 137(1)(b) of the Code on Boys, Girls and Young Persons of 1999, under the terms of which young workers shall periodically undergo medical examination. Noting that the medical examinations envisaged under section 1 of Decision No. 001 of 11 May 2004 appear to refer solely to the periodical medical examinations of young persons to be carried out during employment, the Committee reminds the Government that, in accordance with Article 2, paragraph 1, of the Convention, no young persons under 18 years of age shall be admitted to employment unless they have been found to be fit for work by a thorough medical examination. Furthermore, the Committee notes the Government’s indication that the Ministry of Labour, with the technical assistance of the Bolivian Standardization and Quality Institute (IBNORCA), has formulated regulations under the General Occupational Safety, Health and Welfare Act on work by young persons in industry, commerce, mining and agriculture. These regulations are due to come into force shortly. The Committee therefore requests the Government to provide information on the progress achieved in this connection and, on the establishment of thorough medical examination before admission to employment.

3. Article 2, paragraphs 2 and 3. Medical examination to be carried out by a qualified physician approved by the competent authority and the document certifying fitness for employment. The Committee notes with satisfaction section 1 of Decision No. 001 of 11 May 2004, issued by the Ministers of Labour and of Health and Sports, and Ministerial Decision No. 301/04 of 7 June 2004, on the report form for compliance with fundamental labour rights, which give effect, respectively, to Article 2, paragraphs 2 and 3, of the Convention.

4. Article 5. Free medical examinations. The Committee also notes with satisfaction section 1 of Decision No. 001 of 11 May 2004, issued by the Ministers of Labour and of Health and Sports, which provides, inter alia, in accordance with the Convention, that medical examinations for fitness for employment of boys, girls and young workers shall not involve the young persons or their parents in any expense.

5. Finally, with regard to the frequency of the periodical medical examinations (Article 3, paragraphs 2 and 3), the medical examinations required until the age of 21 years in occupations which involve high health risks (Article 4) and the adoption of appropriate measures for the vocational guidance and physical and vocational rehabilitation of young persons found by medical examination to be unsuited to certain types of work or to have physical handicaps or limitations (Article 6), the Committee notes the Government’s indication that these subjects have not yet been covered. Nevertheless, the Government indicates that these and other matters envisaged by the Convention will be defined in the regulations on work by young persons issued under the General Occupational Health, Safety and Welfare Act. The Committee therefore hopes that these regulations will be adopted in the near future to give effect to these provisions of the Convention. It requests the Government to supply a copy of these regulations as soon as adopted.

6. Part V of the report form. Application in practice. The Committee notes that, due to economic constraints, there are certain shortcomings in the application of this Convention, particularly in the capitals of remote departments, such as Cobija and Trinidad, and in rural areas. Nevertheless, the Government is adopting measures, in accordance with the possibilities available to it, so that all young persons who work in the country will progressively be covered by the protection afforded by the Convention. The Committee notes the Government’s statement with interest and requests it to continue providing information on the progress achieved in the application of the Convention in practice in the country. Finally, the Committee requests the Government to provide, if such statistics are available, information concerning the number of children and young persons who are engaged in work and have undergone the periodical medical examinations envisaged in the Convention; extracts from the reports of the inspection services relating to any infringements reported and the penalties imposed; and any other information illustrating the application of the Convention in practice.

7. Work by young persons in agriculture. Even though the Convention does not cover agricultural work, the Committee notes with interest the draft Presidential Decree regulating the exercise of and compliance with rights and obligations arising out of agricultural employment. Section 28(IV) provides that, before being admitted to employment, young persons shall undergo a free medical examination of fitness for work, which shall be repeated periodically. This provision also requires employers to maintain at the disposal of labour inspectors the corresponding medical certificate of fitness for employment. The Committee considers that this provision reflects the principle set out in Articles 2, 3 and 7 of the Convention with regard to agricultural work. In this respect, the Committee notes that the draft Presidential Decree is currently in the process of being approved by the Economic Policy Analysis Unit (UDAPE), which is a Government technical body responsible for preparing a preliminary report on the relevance of the approval of any legal provision by the Cabinet of Ministers. The Committee asks the Government to include provisions in the above draft relating to the intervals at which medical examinations shall be carried out (Article 3, paragraph 2, of the Convention).

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

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the information provided by the Government and the attached legislation. It also notes the discussion in the Conference Committee in 2004. With reference to its previous comments, the Government wishes to draw attention to the following points:

1. The Committee notes with great interest the progress achieved by the Government, i.e. the recent adoption of certain regulations on work by young persons, namely the regulations issued under the Code on Boys, Girls and Young Persons by Supreme Decree No. 27443, of 8 April 2004; Decision No. 001 of 11 May 2004 issued by the Ministries of Labour and of Health and Sports; Joint Ministerial Decision No. 299/04 of 4 June 2004; and Ministerial Decision No. 301/04 of 7 June 2004 approving the report form for compliance with fundamental labour rights. The Committee also notes the Government Plan for the Progressive Elimination of Child Labour 2000-10.

2. Article 2, paragraph 1, of the Convention. Medical examination for fitness for employment. The Committee notes Decision No. 001 of 11 May 2004, issued by the Ministers of Labour and of Health and Sports (SEDES), section 1 of which provides that the Ministry of Health and Sports, through its ministries and municipal authorities, shall allocate the necessary and adequate medical personnel so that, in coordination with the Ministry of Labour, free medical examinations are carried out of the fitness for employment of working boys, girls and young persons in the industrial and agricultural sectors and for own account work, in urban and rural areas, in application of section 137(1)(b) of the Code on Boys, Girls and Young Persons of 1999. In this respect, the Committee notes section 137(1)(b) of the Code on Boys, Girls and Young Persons of 1999, under the terms of which young workers shall periodically undergo medical examination. Noting that the medical examinations envisaged under section 1 of Decision No. 001 of 11 May 2004 appear to refer solely to the periodical medical examinations of young persons to be carried out during employment, the Committee reminds the Government that, in accordance with Article 2, paragraph 1, of the Convention, no young persons under 18 years of age shall be admitted to employment unless they have been found to be fit for work by a thorough medical examination. Furthermore, the Committee notes the Government’s indication that the Ministry of Labour, with the technical assistance of the Bolivian Standardization and Quality Institute (IBNORCA), has formulated regulations under the General Occupational Safety, Health and Welfare Act on work by young persons in industry, commerce, mining and agriculture. These regulations are due to come into force shortly. The Committee therefore requests the Government to provide information on the progress achieved in this connection and, on the establishment of thorough medical examination before admission to employment.

3. Article 2, paragraphs 2 and 3. Medical examination to be carried out by a qualified physician approved by the competent authority and the document certifying fitness for employment. The Committee notes with satisfaction section 1 of Decision No. 001 of 11 May 2004, issued by the Ministers of Labour and of Health and Sports, and Ministerial Decision No. 301/04 of 7 June 2004, on the report form for compliance with fundamental labour rights, which give effect, respectively, to Article 2, paragraphs 2 and 3, of the Convention.

4. Article 5. Free medical examinations. The Committee also notes with satisfaction section 1 of Decision No. 001 of 11 May 2004, issued by the Ministers of Labour and of Health and Sports, which provides, inter alia, in accordance with the Convention, that medical examinations for fitness for employment of boys, girls and young workers shall not involve the young persons or their parents in any expense.

5. Finally, with regard to the frequency of the periodical medical examinations (Article 3, paragraphs 2 and 3), the medical examinations required until the age of 21 years in occupations which involve high health risks (Article 4) and the adoption of appropriate measures for the vocational guidance and physical and vocational rehabilitation of young persons found by medical examination to be unsuited to certain types of work or to have physical handicaps or limitations (Article 6), the Committee notes the Government’s indication that these subjects have not yet been covered. Nevertheless, the Government indicates that these and other matters envisaged by the Convention will be defined in the regulations on work by young persons issued under the General Occupational Health, Safety and Welfare Act. The Committee therefore hopes that these regulations will be adopted in the near future to give effect to these provisions of the Convention. It requests the Government to supply a copy of these regulations as soon as it is adopted.

6. Part V of the report form. Application in practice. The Committee notes that, due to economic constraints, there are certain shortcomings in the application of this Convention, particularly in the capitals of remote departments, such as Cobija and Trinidad, and in rural areas. Nevertheless, the Government is adopting measures, in accordance with the possibilities available to it, so that all young persons who work in the country will progressively be covered by the protection afforded by the Convention. The Committee notes the Government’s statement with interest and requests it to continue providing information on the progress achieved in the application of the Convention in practice in the country. Finally, the Committee requests the Government to provide, if such statistics are available, information concerning the number of children and young persons who are engaged in work and have undergone the periodical medical examinations envisaged in the Convention; extracts from the reports of the inspection services relating to any infringements reported and the penalties imposed; and any other information illustrating the application of the Convention in practice.

7. Work by young persons in agriculture. Even though the Convention does not cover agricultural work, the Committee notes with interest the draft Presidential Decree regulating the exercise of and compliance with rights and obligations arising out of agricultural employment. Section 28(IV) provides that, before being admitted to employment, young persons shall undergo a free medical examination of fitness for work, which shall be repeated periodically. This provision also requires employers to maintain at the disposal of labour inspectors the corresponding medical certificate of fitness for employment. The Committee considers that this provision reflects the principle set out in Articles 2, 3 and 7 of the Convention with regard to agricultural work. In this respect, the Committee notes that the draft Presidential Decree is currently in the process of being approved by the Economic Policy Analysis Unit (UDAPE), which is a Government technical body responsible for preparing a preliminary report on the relevance of the approval of any legal provision by the Cabinet of Ministers. The Committee asks the Government to include provisions in the above draft relating to the intervals at which medical examinations shall be carried out (Article 3, paragraph 2, of the Convention).

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information communicated by the Government in response to its previous comments. The Committee profoundly regrets to note that the Government has not yet taken appropriate measures to apply in particular Articles 2, 3, 5 and 7 of the Convention, despite repeated requests formulated by the Committee for 25 years and, especially in 1998 and 2002, in which the Committee deplores the absence of any laws or regulations, despite the Government’s declaration made on several occasions, indicating the intention of adopting general regulations to implement the Act on occupational safety and health and welfare, to give effect to the provisions of the Convention.

The Committee notes the Government’s indication that the Ministry of Labour and the Ministry of Health and Sports have signed an agreement on 8 May 2003 to initiate accompanying actions to the Government’s measures to accelerate the economy. The Government explains that this bi-ministerial agreement put into effect the Voluntary Plan on the Adaptation of Work (Plan Voluntario de Adecuación Laboral (VALORA)) representing a legal-technical instrument to provide technical guidance, free of charge, to those enterprises which adhere voluntarily to the above Plan in order to minimize occupational risks inherent in its productive process. The Plan is also designed to improve both the procedures on occupational safety and health, as well as the work quality in the enterprises. The benefits offered by the Plan are: the decrease of accidents and occupational diseases; the increase of efficiency and work quality; the decrease of production costs, as well as the decrease of social conflicts; the increase of worker motivation, on the one hand, and the commitment of the enterprises, on the other; and finally acknowledgement by society for healthy enterprises. The Government further specifies that the analysis and evaluation of the results obtained from this Plan will serve as a basis for the elaboration of legal standards, which will also incorporate the recommendations and observations provided by the Committee on this Convention. The Committee, taking due note of this information, requests the Government to indicate the time frame in which legislative or regulatory measures will be taken on the basis of the results obtained from the VALORA Plan. With regard to the time elapsed during which the Government has not taken any measures to introduce regulations requiring medical examination for fitness for employment of young persons under 18 years of age, the Committee expresses its firm hope that the VALORA Plan will soon provide results which will enable the Government to draft and adopt laws or regulations giving effect to the provisions of the Convention. In this context, the Committee recalls to the Government that the laws or regulations shall provide for the specific obligation for young persons under the age of 18 years to undergo medical examinations before admission to employment (Article 2), the frequency of such examinations (Article 3), the frequency of medical examinations until the age of 21 for young persons in occupations which involve high health risks (Article 4), the requirement that such examinations be free of charge (Article 5), the special measures to be taken where the young person is found by medical examination to be unsuited to work (Article 6), and the requirement to file and keep available to labour inspectors the medical certificate for fitness for employment or the workbook (Article 7).

The Committee urges the Government to take the appropriate measures in the very near future. It requests the Government to keep the Office informed of any progress achieved in the matter.

[The Government is asked to supply full particulars to the Conference at its 92nd Session and to reply in detail to the present comments in 2004.]

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

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

Further to its previous observation, the Committee notes the Government’s report, in which it states once again its intention to introduce regulations on the establishment of the medical examination for fitness for employment in industry for young workers of 18 years of age. The Committee regrets to note that, although the Government has been repeating this intention for many years, the necessary steps have not been taken to adopt legislative or regulatory measures to give effect to the provisions of the Convention.

The Committee regrets to note that, for more than 20 years and despite repeated requests from the Committee, the Government has not taken appropriate measures to apply, in particular, Articles 2, 3, 5 and 7 of the Convention. The Committee is the more concerned as the Government stated in its previous report, regarding Article 2 of the Convention, that "issuance of a document certifying fitness for work is not established by law, nor is it usual practice". Referring to the same report, the Committee noted with concern the Government’s statement pertaining to Article 4 to the effect that "the competent authority had not been determined [...] nor had the text of the Convention been disseminated in an adequate and timely manner".

The Committee notes that in its last report the Government refers to the Act on Occupational Safety and Health and Welfare, pointing out in particular that section 6(29) requires employers to "maintain the pre-employment medical certificates and clinical records of the personnel in their charge", and section 7(11), which requires workers to "undergo a medical check-up prior to taking up employment, and such periodical examinations as may be determined". The Committee also notes the information in the Government’s report concerning the National Institute of Occupational Health (INSO) and the Bolivian Social Security Institute, now the National Health Insurance Institute, and the medical services of enterprises. It notes that the abovementioned Act of 1979 refers to the INSO and its functions (section 20), to the National Social Security Fund (section 24) and the medical services of enterprises (section 41). The Committee also notes that sections 8 and 9 of the Act refer to the employment of women and minors.

The Committee regrets to note, however, that none of the abovementioned provisions refer to the specific obligation for young persons under the age of 18 years to undergo medical examination before admission to employment (Article 2), the frequency of such examinations (Article 3), the frequency of medical examinations until the age of 21 years for young people in occupations which involve high health risks (Article 4), the requirement that the examinations must be free of charge (Article 5), the special measures to be taken where the young person is found by medical examination to be unsuited to the work (Article 6) and the requirement to file and keep available to labour inspectors the medical certificate for fitness for employment or the workbook (Article 7).

The Committee therefore recalls that, when a Government chooses to ratify a Convention, it assumes the obligation to take all necessary steps to give effect to its provisions, and urges the Government to adopt the necessary legislative and regulatory measures to apply the provisions of the Articles of this Convention. The Committee reiterates its suggestion that the Government may wish to seek the technical assistance of the Office in finding the best solution to the technical problems which are preventing the application of the Convention.

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

[The Government is asked to reply in detail to the present comments in 2003.]

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

Further to its previous observation, the Committee notes the Government’s report, in which it states once again its intention to introduce regulations on the establishment of the medical examination for fitness for employment in industry for young workers of 18 years of age. The Committee regrets to note that, although the Government has been repeating this intention for many years, the necessary steps have not been taken to adopt legislative or regulatory measures to give effect to the provisions of the Convention.

The Committee regrets to note that, for more than 20 years and despite repeated requests from the Committee, the Government has not taken appropriate measures to apply, in particular, Articles 2, 3, 5 and 7 of the Convention. The Committee is the more concerned as the Government stated in its previous report, regarding Article 2 of the Convention, that "issuance of a document certifying fitness for work is not established by law, nor is it usual practice". Referring to the same report, the Committee noted with concern the Government’s statement pertaining to Article 4 to the effect that "the competent authority had not been determined [...] nor had the text of the Convention been disseminated in an adequate and timely manner".

The Committee notes that in its last report the Government refers to the Act on Occupational Safety and Health and Welfare, pointing out in particular that section 6(29) requires employers to "maintain the pre-employment medical certificates and clinical records of the personnel in their charge", and section 7(11), which requires workers to "undergo a medical check-up prior to taking up employment, and such periodical examinations as may be determined". The Committee also notes the information in the Government’s report concerning the National Institute of Occupational Health (INSO) and the Bolivian Social Security Institute, now the National Health Insurance Institute, and the medical services of enterprises. It notes that the abovementioned Act of 1979 refers to the INSO and its functions (section 20), to the National Social Security Fund (section 24) and the medical services of enterprises (section 41). The Committee also notes that sections 8 and 9 of the Act refer to the employment of women and minors.

The Committee regrets to note, however, that none of the abovementioned provisions refer to the specific obligation for young persons under the age of 18 years to undergo medical examination before admission to employment (Article 2), the frequency of such examinations (Article 3), the frequency of medical examinations until the age of 21 years for young people in occupations which involve high health risks (Article 4), the requirement that the examinations must be free of charge (Article 5), the special measures to be taken where the young person is found by medical examination to be unsuited to the work (Article 6) and the requirement to file and keep available to labour inspectors the medical certificate for fitness for employment or the workbook (Article 7).

The Committee therefore recalls that, when a Government chooses to ratify a Convention, it assumes the obligation to take all necessary steps to give effect to its provisions, and urges the Government to adopt the necessary legislative and regulatory measures to apply the provisions of the Articles of this Convention. The Committee reiterates its suggestion that the Government may wish to seek the technical assistance of the Office in finding the best solution to the technical problems which are preventing the application of the Convention.

[The Government is asked to report in detail in 2002.]

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

1. For more than 20 years, the Committee has been drawing the Government's attention to the absence of any laws or regulations giving effect to Articles 2, 3, 4, 5 and 7 of the Convention. The Committee has noted on several occasions the Government's intention of adopting general regulations to implement the Act on Occupational Safety and Health and Welfare, which would to some extent give effect to the provisions of the Convention.

In its report of 1994, the Government reported on specific activities for organizing the operation of medical services in enterprises with the ultimate aim of drawing up a pilot plan for a medical control service. It was envisaged that the plan in question would contribute to providing information and data needed for the implementation of the Regulations on Medical Services in Enterprises which had already been elaborated. According to the Government, the plan was to have gone into operation in the early part of 1995, after consultations with employers' and workers' organizations, and would have given effect to the Committee's comments.

2. The Committee notes the information provided by the Government in its latest report to the effect that, in the absence of suitable structures in the ministry concerned, measures to apply the Convention have not been taken and that, consequently, the Labour Code with its implementing regulations still applies. The Committee also notes with concern that the Government indicates that documentary evidence of fitness for employment, as required under Article 3 of the Convention, does not correspond to standard practice in the country. The Committee recalls once again that neither the provisions of the Labour Code nor existing practice ensure compliance with the Convention. It also notes once again the Government's intention to consider the possibility of making regulations giving effect to all the provisions of the Convention.

3. The Committee is bound to recall that, when a government in exercise of its sovereign right decides to ratify a Convention, it undertakes to adopt any legislation or regulations that might be necessary to give effect to the provisions of the Convention in question. In the case in point, the Government must, in accordance with the provisions of Article 2 of the Convention, take the necessary measures to issue, through its competent authority, documents certifying fitness for employment for children and young persons aged below 18 years. The document in question should be issued following a medical fitness examination, which is to certify that the young person is in good health but also that he or she is fit for the work in question.

4. The Committee recalls that it previously suggested that the Government might wish to call upon the Office for technical assistance in order to solve the technical problems which the application of this Convention appears to have posed for a number of years. The Committee urges the Government to take the necessary measures as soon as possible to adopt legislation or regulations ensuring full application of the Convention, and trusts that the Government will provide information on any progress in this regard in its next report.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

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

In the comments it has been making for more than 20 years, the Committee has drawn the Government's attention to the absence of any provisions in laws or regulations to give effect to Articles 2, 3, 4, 5, 6 and 7 of the Convention. On several occasions the Government has referred in its reports to the adoption of the General Regulations of the Act on Health, Occupational Safety and Welfare, which was to give effect to the above-mentioned provisions of the Convention. In its latest report the Government provides information on specific activities for organizing the operation of medical services in enterprises, which have led to the preparation of a Pilot Plan for a Medical Reconnaissance Service. According to the Government, the Pilot Plan will contribute to providing information and experience for implementing the Regulations on Medical Services in Enterprises which have already been drafted. According to the Government, the Plan should go into operation in the early part of 1995 after the most representative employers' and workers' organizations have been consulted. The Committee's comments, the Government concludes, will then be given effect. The Committee takes note of this statement. It hopes that the adoption of the General Regulations of the Act on Health, Occupational Safety and Welfare and the Regulations on Medical Services in Enterprises will enable provisions to be adopted on the medical examination of young persons employed in industry, which will apply all the provisions of the Convention. The Committee asks the Government to provide information on progress towards the adoption of the above-mentioned Regulations and on any other measure taken to ensure compliance with the Convention. The Committee suggests that the Government may wish to call upon the Office for technical assistance in this matter. Article 2. The Committee draws the Government's attention to the fact that the medical examination provided for in the Convention is to certify not only that the young person is in good health, but also that he is fit for the work in question.

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

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation on the following points:

In the comments it has been making for more than 20 years, the Committee has drawn the Government's attention to the absence of any provisions in laws or regulations to give effect to Articles 2, 3, 4, 5, 6 and 7 of the Convention. On several occasions the Government has referred in its reports to the adoption of the General Regulations of the Act on Health, Occupational Safety and Welfare, which was to give effect to the above-mentioned provisions of the Convention. In its latest report the Government provides information on specific activities for organizing the operation of medical services in enterprises, which have led to the preparation of a Pilot Plan for a Medical Reconnaissance Service. According to the Government, the Pilot Plan will contribute to providing information and experience for implementing the Regulations on Medical Services in Enterprises which have already been drafted. According to the Government, the Plan should go into operation in the early part of 1995 after the most representative employers' and workers' organizations have been consulted. The Committee's comments, the Government concludes, will then be given effect. The Committee takes note of this statement. It hopes that the adoption of the General Regulations of the Act on Health, Occupational Safety and Welfare and the Regulations on Medical Services in Enterprises will enable provisions to be adopted on the medical examination of young persons employed in industry, which will apply all the provisions of the Convention. The Committee asks the Government to provide information on progress towards the adoption of the above-mentioned Regulations and on any other measure taken to ensure compliance with the Convention. The Committee suggests that the Government may wish to call upon the Office for technical assistance in this matter. Article 2. The Committee draws the Government's attention to the fact that the medical examination provided for in the Convention is to certify not only that the young person is in good health, but also that he is fit for the work in question.

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

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

In the comments it has been making for more than 20 years, the Committee has drawn the Government's attention to the absence of any provisions in laws or regulations to give effect to Articles 2, 3, 4, 5, 6 and 7 of the Convention.

On several occasions the Government has referred in its reports to the adoption of the General Regulations of the Act on Health, Occupational Safety and Welfare, which was to give effect to the above-mentioned provisions of the Convention. In its latest report the Government provides information on specific activities for organizing the operation of medical services in enterprises, which have led to the preparation of a Pilot Plan for a Medical Reconnaissance Service. According to the Government, the Pilot Plan will contribute to providing information and experience for implementing the Regulations on Medical Services in Enterprises which have already been drafted. According to the Government, the Plan should go into operation in the early part of 1995 after the most representative employers' and workers' organizations have been consulted. The Committee's comments, the Government concludes, will then be given effect.

The Committee takes note of this statement. It hopes that the adoption of the General Regulations of the Act on Health, Occupational Safety and Welfare and the Regulations on Medical Services in Enterprises will enable provisions to be adopted on the medical examination of young persons employed in industry, which will apply all the provisions of the Convention. The Committee asks the Government to provide information on progress towards the adoption of the above-mentioned Regulations and on any other measure taken to ensure compliance with the Convention.

The Committee suggests that the Government may wish to call upon the Office for technical assistance in this matter.

Article 2. The Committee draws the Government's attention to the fact that the medical examination provided for in the Convention is to certify not only that the young person is in good health, but also that he is fit for the work in question.

[The Government is asked to report in detail in 1996.]

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

The Committee notes the information supplied by the Government in its last report.

Articles 2, 3, 4, 5, 6 and 7. In the comments it has been making for several years, the Committee has drawn the Government's attention to the lack of any provisions in the laws or regulations to give effect to the provisions of the Convention. The Government has referred on several occasions to the adoption of the General Regulations of the Act respecting health, occupational safety and welfare, which was to give effect to the provisions of the Convention. The Committee also noted that regulations were being prepared on company medical services.

The Committee notes that the Government indicates in its report that the General Regulations of the Act respecting health, occupational safety and welfare, as well as the specific regulations on medical certification for young persons in industry, are in the process of being prepared despite the scarce human, material and technical resources available. The Committee hopes that the above regulations will be adopted in the very near future and that the Government will provide a copy of them as soon as they have been promulgated.

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

The Committee notes the Government's report on the application of the Convention.

The information supplied in reply to the Committee's previous direct request refers to the difficulties resulting from the shortage of skilled staff and financial resources which have impeded the adoption of the regulations to be issued under the General Act respecting health, occupational safety and welfare.

The Committee notes that, following a request for assistance from the ILO made by the Government in its report, the competent technical department of the Office transmitted by post on 17 February 1989 the bibliographical documentation that was requested.

The Committee trusts that the Government will therefore quickly be in a position to take the necessary measures to give effect to the Convention. It hopes that its next report will contain full information on the effect given to each of the Articles of the Convention.