Hygiene (Commerce and Offices) Convention, 1964 (No. 120) - Costa Rica (Ratification: 1966)

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

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 45 (underground work by women), 120 (hygiene in commerce and offices), 127 (maximum weight) and 148 (air pollution, noise and vibration) together.

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

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

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

A.Protection against specific risks

Maximum Weight Convention, 1967 (No. 127)

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

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

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

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

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

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

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

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

B.Protection in certain branches of activity

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

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

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

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

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

Article 1 of the Convention. Application to establishments, institutions and administrative services in which the workers are mainly engaged in office work. Article 17. Protection of workers against substances or processes which are obnoxious, unhealthy or toxic or for any reason harmful. In its previous comments, the Committee urged the Government to take all the necessary steps to issue regulations under section 294 (procedures for ascertaining whether an activity or workplace is unhealthy or hazardous) and section 300 (requirement for enterprises with over 50 workers to have made an assessment of their working conditions and environment) of the Occupational Risks Act. The Committee notes the Government’s indications in its report that the regulations under section 294 had not yet been drawn up but would be adopted at the end of 2015. With regard to section 300, the Committee notes with interest that the Occupational Health Council, by Decision No. 2365-2015 of 6 May 2015, adopted the regulations in question, entitled the Regulations for offices and occupational health committees. The Committee requests the Government to continue providing information on the process for the adoption of regulations under section 294 referred to above.

Article 4. Legislation. Technical assistance. The Committee notes the Government’s indication that Decision No. 2163-2014 of the executive committee of the Occupational Health Council envisages as a general policy measure the updating of the occupational health regulations and that Official Memo No. DTM 683-2015 of 13 July 2015 formalizes the request for technical assistance from the Office to draw up, adopt and promulgate the General Occupational Safety and Health Regulations, as recommended by the Occupational Health Council. The Committee requests the Government to provide information in this respect and trusts that this process will benefit from the technical assistance requested from the Office.

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

Article 1 of the Convention. Application to establishments, institutions and administrative services in which the workers are mainly engaged in office work. Article 17. Protection of workers against substances or processes which are obnoxious, unhealthy or toxic or for any reason harmful. Customs employees. In its previous comments, the Committee referred to Executive Decree No. 23116 MP which in various provisions reiterates that customs employees may work in an environment exposed to toxic gases. The Committee notes that the above Decree was repealed by Executive Decree No. 25592 of 1996 and that the General Directorate of Customs has adopted measures against risks, such as personal protective equipment against dust and organic vapour, and that prior to authorizing the operation of customs warehouses compliance is verified with the permit issued by the Ministry of Health, the operating licence and the respective policies of the National Insurance Institute. The Committee also notes that the regulations issued under sections 294 (procedures for ascertaining whether an activity or workplace is unhealthy or hazardous) and 300 (requirement for enterprises with over 50 workers to have made an assessment of their working conditions and environment) of the Act on employment risks have not yet been adopted. The Committee urges the Government to take all the necessary measures to issue regulations under sections 294 and 300, referred to above, and to provide information on the obstacles that have resulted in this legislation, which has been under examination for a number of years, not yet being adopted. It recalls that the Government may have recourse to the technical assistance of the Office and, in this respect, requests it to take into account its comments relating to Article 5 of the Convention.

Article 5 and Plan of Action (2010–16). Laws and regulations and prior consultation with the representative organizations of employers and workers. The Committee notes that, according to the information provided by the Government, the Occupational Health Council, the tripartite body responsible for this subject, is examining the draft text to reform the General Occupational Safety and Health Regulations. The Committee draws the Government’s attention to the availability of the technical assistance of the Office under the Plan of Action 2010–16 to achieve widespread ratification and effective implementation of the Occupational Safety and Health Convention, 1981 (No. 155), its Protocol of 2002 and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), which was adopted by the Governing Body in March 2010 (GB.307/10/2(Rev.)). The Committee reminds the Government that, under this Plan, the Office is offering technical assistance to governments so that, where appropriate, they can bring their law and practice into conformity with these key occupational safety and health Conventions with a view to promoting their ratification and effective implementation. The Committee also recalls the availability of the Office in relation to the preparation of reports on ratified Conventions. The Committee invites the Government to provide information on any requirements which may arise in this respect.

Part IV of the report form. Application in practice. The Committee notes Technical Report No. 092-2008, prepared by the Technical Secretariat of the Occupational Health Council. The Committee requests the Government to continue providing information on the application of the Convention in practice.

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

Communication from the Union of Public and Private Enterprise Workers (SITEPP). The Committee refers to the communication of October 2006 from SITEPP and notes the Government’s comments on it. It notes that SITEPP’s comments appear to be more relevant to the Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148), than with the present Convention, and will accordingly pursue its examination of this matter in its comments on the application of Convention No. 148 unless SITEPP provides specific information regarding this Convention.

Article 1 of the Convention. Application to establishments, institutions and administrative services in which the workers are mainly engaged in office work. For several years the Committee has been drawing the Government’s attention to comments made by the Association of Customs Officials (ASEPA) observing that under Executive Decree No. 23116-MP, customs employees may, given the nature of their duties, be transferred to different parts of the country, indefinitely in some cases, and that in some instances they may be exposed to heat, cold, dust, damp, noise, toxic gases and cramped and uncomfortable conditions. They may also be exposed to eye strain, knocks, burns and other risks. The Committee observed that since Article 1 specifies that the Convention applies to trading establishments and establishments, institutions and administrative services in which the workers are mainly engaged in office work, the abovementioned Decree needs to be amended in order for full effect to be given to the Convention. The Committee notes that the Government attaches a reply (document D.M.H.S.O. No. 222-08 of 1 August 2008) from the Occupational Health Council which refers to sections 294 (unhealthy and hazardous work) and 300 (occupational health offices) of the Occupational Hazards Act No. 6727 of 24 March 1982, regulated by Executive Decree No. 27434 of 1998. D.M.H.S.O. No. 222-08 indicates that the provisions in question were updated and those of section 300 were sent for publication in July 2007, while for section 294, draft regulations were drawn up on a tripartite basis and were sent – on 25 July 2008 – by the Occupational Health Council to the Ministry of Labour for publication. The Committee notes that D.M.H.S.O. No. 222-08 concludes with the statement that, as the information provided shows, the situation raised by ASEPA has been resolved. The Committee hopes that the situation has been resolved, though it observes that the Government has provided no information on the content of the updated versions of sections 294 and 300 and does not indicate whether they have been published or how they affect Executive Decree No. 23116-MP. The Committee needs this information in order to assess more clearly whether the matter has been settled. The Committee requests the Government to send this information with its next report.

Article 17. Protection of workers against substances or processes which are obnoxious, unhealthy or toxic or for any reason harmful. In its previous comments the Committee requested the Government to take the necessary steps to abolish the relevant provisions of Executive Decree No. 23116-MP to bring it into conformity with this Article of the Convention, and to provide information on the steps taken to improve the working conditions pertaining to the health of customs employees. The Committee renews its request to the Government for this information.

Part IV of the report form. Application in practice. The Committee notes the information sent by the Government to the effect that the National Directorate of Labour Inspection lacks the human and material resources it needs to compile specific statistics of all existing aspects of labour and to classify all infringements that occur in workplaces. The Committee requests the Government to provide further information showing how the Convention is applied in practice, such as reports of the Occupational Health Council pertaining to commerce and offices so that the Committee can ascertain more fully how the Convention is applied in practice.

[The Government is asked to report in detail in 2010.]

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

1. The Committee notes the Government’s report received in September 2005.

2. It also notes the comments sent in October 2006 by the Union of Public and Private Enterprise Workers (SITEPP), which refer, among other matters, to occupational health and particularly air pollution in workplaces. Since these comments are relevant to the application of the Convention, the Committee asks the Government to send information in response to them.

3. Article 1 of the Convention. Application of the Convention to establishments, institutions and administrative services in which the workers are mainly engaged in office work. For several years, in its comments on the application of the Convention the Committee has been drawing the Government’s attention to the observations made by the Association of Customs Officials (ASEPA) stating that under Executive Decree No. 23116-MP, customs employees may be transferred, depending on the nature of their duties, to different parts of the country, indefinitely in some cases, and that in some instances they may be exposed to heat, cold, dust, damp, noise, toxic gases, and cramped and uncomfortable conditions. They may also be exposed to eye strain, knocks, burns and other risks. In view of the fact that Article 1 of the Convention specifies that the Convention applies to trading establishments and establishments, institutions and administrative services in which the workers are mainly engaged in office work, the abovementioned Decree needs to be amended in order to give full effect to the Convention. The Committee observes that the Government has not addressed the above issue and has not, as yet, responded to the matters raised by ASEPA. It accordingly requests the Government once again to provide information on the matters raised by ASEPA and to take the necessary steps to ensure that the legislation in question establishes suitable conditions for customs employees.

4. Article 17. Protection of workers against substances, processes and techniques which are obnoxious, unhealthy or toxic or for any reason harmful. The Committee observes that the abovementioned Executive Decree states several times that various categories of customs employees may work in an environment where there are toxic gases. The Committee hopes that the Government will take the necessary steps to bring these provisions of the Decree into line with this Article, and requests it to provide information on the measures taken to improve customs employees’ working conditions as regards hygiene.

5. Part IV of the report form. Application of the Convention in practice. The Committee would be grateful if the Government would provide information on the practical effect given to the Convention (extracts of inspection reports, statistics, if any, on the number of workers covered by the legislation applying the Convention).

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

The Committee takes note of the Government’s last reports. It notes that the Government’s reports reiterate the information on the legal provisions that apply the Convention, whose conformity with the requirements set forth by the Convention had already been noted by the Committee. The Committee however observes that the Government does not refer to the issue raised in its previous comments, which focused largely on the comments made by the Association of Customs Officials (Asociación Sindical de Empleadores Publicos Aduaneros-ASEPA) observing that customs employees (aduaneros), by virtue of the Executive Decree No. 231116-MP could be transferred, because of the nature of their functions, to different places of the country, and if the need arises, without any time limits. In some cases, they can be exposed to heat, cold, dust, humidity, noise, toxic gases, and small and uncomfortable places. They can likewise be exposed to eye strain, bruises, burns and other risks. The Committee, with reference to the provisions of Convention No. 120, recalled that, under Article 1 of the Convention, the provisions are to apply to trading establishments; establishments, institutions and administrative services in which the workers are mainly engaged in office work; and, in so far as they are not subject to national laws or regulations or other arrangements concerning hygiene in industry, mines, transport or agriculture, any departments of other establishments, institutions or administrative services in which departments the workers are mainly engaged in commerce or office work. The Committee further noted that under Article 17 of the Convention, workers shall be protected by appropriate and practicable measures against substances, processes and techniques which are obnoxious, unhealthy or toxic, or for any reason harmful. The Committee notes again that the Government has not provided yet its view on the matters raised by ASEPA. The Committee, while noting the period of time elapsed since ASEPA has supplied its comments, requests the Government to indicate the measures taken to improve the working conditions as regards the hygiene of customs workers. It further urges the Government to include in its next report the information as required on the application of the Convention to customs workers.

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

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

In its previous comments, the Committee noted the information supplied by the Government on the application of the Convention and the observations made by the Association of Customs Officers (ASEPA) in communications dated 30 May and 24 November 1994 on the application of the Convention in the country. The Committee noted ASEPA's reference to Executive Decree No. 231116--MP, which provides that by reason of the nature of their work, customs employees are moved to different parts of the country and occasionally work without limit to their working hours; and that, in some cases, they may be exposed to heat, cold, dust, humidity, noise, toxic gases and small and uncomfortable places. They may also be exposed to eye strain, bruises and burns and other risks, including stress.

With reference to the provisions of Convention No. 120, the Committee notes that, under Article 1 of the Convention, the provisions of the Convention are to apply to trading establishments; establishments, institutions and administrative services in which the workers are mainly engaged in office work; and, in so far as they are not subject to national laws or regulations or other arrangements concerning hygiene in industry, mines, transport or agriculture, any departments of other establishments, institutions or administrative services in which departments the workers are mainly engaged in commerce or office work. The Committee also notes that under Article 17, workers shall be protected by appropriate and practicable measures against substances, processes and techniques which are obnoxious, unhealthy or toxic or for any reason harmful.

The communications referred to were transmitted to the Government on 14 July 1994 and 17 January 1995, respectively. The Committee notes a new communication from the ASEPA dated 12 October 1995, which was transmitted to the Government on 17 November 1995. The Committee requests the Government to include in its next report information or comments on the matters raised by the ASEPA with regard to the application of the Convention to customs workers.

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

The Committee takes note of the information supplied by the Government in its report on the application of the Convention and the comments made by the Asociacion Sindical de Empleados Publicos Aduaneros (ASEPA), in its communications of 30 May 1994 and 24 November 1994, regarding the application of the Convention in the country. The Committee notes the ASEPA's reference to Executive Decree No. 231116-MP which provides that by reason of the nature of their work, customs employees (aduaneros) are moved to different places of the country and occasionally work without limit; and that, in some cases, they can be exposed to heat, cold, dust, humidity, noise, toxic gases, and small and uncomfortable places. They can likewise be exposed to eye strain, bruises and burns and other risks.

Referring to the provisions of Convention No. 120, the Committee notes that, under Article 1 of the Convention, the provisions of the Convention are to apply to trading establishments; establishments, institutions and administrative services in which the workers are mainly engaged in office work; and, in so far as they are not subject to national laws or regulations or other arrangements concerning hygiene in industry, mines, transport or agriculture, any departments of other establishments, institutions, or administrative services in which departments the workers are mainly engaged in commerce or office work. The Committee further notes that the Convention, under Article 17, provides that workers shall be protected by appropriate and practicable measures against substances, processes and techniques which are obnoxious, unhealthy or toxic or for any reason harmful.

The communications referred to have been transmitted to the Government on 14 July 1994 and 17 January 1995, respectively, and the Committee would request the Government to include, in its next report, information or comments on the issues raised by the ASEPA in regard to the application of the Convention to customs workers.

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

In its previous comments, the Committee noted the information supplied by the Government on the application of the Convention and the observations made by the Association of Customs Officers (ASEPA) in communications dated 30 May and 24 November 1994 on the application of the Convention in the country. The Committee noted ASEPA's reference to Executive Decree No. 231116-MP, which provides that by reason of the nature of their work, customs employees are moved to different parts of the country and occasionally work without limit to their working hours; and that, in some cases, they may be exposed to heat, cold, dust, humidity, noise, toxic gases and small and uncomfortable places. They may also be exposed to eye strain, bruises and burns and other risks, including stress.

With reference to the provisions of Convention No. 120, the Committee notes that, under Article 1 of the Convention, the provisions of the Convention are to apply to trading establishments; establishments, institutions and administrative services in which the workers are mainly engaged in office work; and, in so far as they are not subject to national laws or regulations or other arrangements concerning hygiene in industry, mines, transport or agriculture, any departments of other establishments, institutions or administrative services in which departments the workers are mainly engaged in commerce or office work. The Committee also notes that under Article 17, workers shall be protected by appropriate and practicable measures against substances, processes and techniques which are obnoxious, unhealthy or toxic or for any reason harmful.

The communications referred to were transmitted to the Government on 14 July 1994 and 17 January 1995, respectively. The Committee notes a new communication from the ASEPA dated 12 October 1995, which was transmitted to the Government on 17 November 1995. The Committee requests the Government to include in its next report information or comments on the matters raised by the ASEPA with regard to the application of the Convention to customs workers.