Asbestos Convention, 1986 (No. 162) - Uruguay (Ratification: 1995)

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

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 115 (radiation protection), 136 (benzene), 139 (occupational cancer), 155 (OSH), 161 (occupational health services), 162 (asbestos), 167 (OSH in construction), 176 (OSH in mines) and 184 (OSH in agriculture) together.

The Committee notes the observations of the Inter-Union Assembly of Workers – Workers’ National Convention (PIT–CNT) on the application of Convention No. 155, communicated by the Government.

A. General provisions

1. Occupational Safety and Health Convention, 1981 (No. 155)

The Committee notes the information provided by the Government in response to its previous comments on Article 18 (measures to deal with emergencies) of the Convention.

Articles 4, 5(d) and 7 of the Convention. Periodic reviews of the national situation and communication at all appropriate levels. The Committee recalls that in previous comments it noted that, under section 12 of Decree No. 291/007, a sectoral tripartite committee must be created in each sector or branch of activity to formulate, implement and periodically review a national policy and its methods of implementation in relation to occupational safety, occupational health and the working environment, in order to give effect to the Convention. In this regard, the Committee notes the observations provided by the PIT–CNT that there continue to be difficulties in setting up tripartite forums at the sectoral level. The Committee requests the Government to provide information on the manner in which it is ensured that the situation regarding workers’ safety and health and the working environment is reviewed at appropriate intervals, either overall or in respect of particular sectors, with a view to identifying major problems and evolving effective methods for dealing with them and priorities of action. The Committee also requests the Government to provide additional information on the work of the sectoral tripartite committees.

Article 11(e). Annual publication of information. With reference to its previous comments, the Committee notes the Government’s indication that efforts were made to improve the quality of information and the production of reports analysing the accident rate at the national level and by sector or branches of activity, and that regular annual presentations were made to the National Occupational Safety and Health Board (CONASSAT) and to the sectoral tripartite committees. The Committee also notes the Government’s indication that the Occupational Accidents Monitoring System, which contains information on occupational accidents, was launched as a result of the coordinated work of the Ministry of Labour and Social Security (MTSS) and the State Insurance Bank (BSE). The Committee notes that both this monitoring system and the Occupational Diseases Monitoring System are databases available on the web page of the BSE which contain detailed quarterly and annual information on, respectively, occupational accidents and occupational diseases that have been recognized under Act No. 16074, on occupational accident and disease insurance.

Articles 13 and 19(f). Protection for workers who remove themselves from work situations that present an imminent and serious danger. With reference to its previous comments, the Committee notes that the Government refers to the various provisions of Decree No. 125/014 and Decree No. 394/018, which establish the procedures for, respectively, the halting of work in the construction industry and in dock work when there is imminent and serious risk to the physical safety of one or more workers. The Committee notes that the provisions referred to by the Government specify that the procedures for halting work shall be initiated by the safety and health delegate or the workers’ representative on the safety committee, and do not protect all workers who remove themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health. Noting that the provisions referred to by the Government do not give effect to Articles 13 and 19(f) of the Convention, the Committee once again requests the Government to adopt the necessary measures to ensure that workers who believe it necessary to remove themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health are protected from undue consequences. It also requests the Government to provide information on the measures adopted in this regard.

Article 17. Collaboration between enterprises engaging in activities simultaneously at one workplace. With reference to its previous comments, the Committee notes the Government’s reference to section 108(f) of Decree No. 394/018, which regulates the content of plans for the performance of dock work in a single confined or potentially confined space where operators from more than one enterprise are present. Noting that the provisions referred to by the Government do not give full effect to Article 17 of the Convention, the Committee once again requests the Government to adopt the necessary measures to ensure that whenever two or more enterprises engage in activities simultaneously at one workplace, they shall collaborate in applying the requirements of the Convention, and that this requirement covers all workers in all branches of economic activity. It also requests the Government to provide information on the measures adopted in this regard.

Articles 19(b) and (c) and 20. Adoption of provisions at the level of the enterprise regarding the cooperation of workers’ representatives with the employer and appropriate training in the area of OSH given to workers and their representatives. The Committee recalls that section 5 of Decree No. 291/007 provides for the establishment of bipartite cooperation bodies on OSH at the enterprise level. The Committee notes that Decree No. 244/016 amended sections 5(d) and 11 of Decree No. 291/007 and added sections 5bis and 11bis, and that all these provisions refer to the establishment of the bipartite bodies and to their activities.

2. Occupational Health Services Convention, 1985 (No. 161)

Article 9 of the Convention. Health services in multidisciplinary work. The Committee notes that section 5 of Decree No. 127/014, as amended by section 2 of Decree No. 126/019, still specifies that occupational prevention and health services shall be multidisciplinary and that their new composition of personnel shall include at least one doctor specialized in occupational health and one other professional or specialist holding any of the following qualifications: prevention specialist, occupational health technician, prevention technician, occupational safety and health professional, or prevention technology engineer, and may also include a psychologist, nursing personnel or specialists in fields associated with occupational safety and health.

B. Protection against specific risks

1. Radiation Protection Convention, 1960 (No. 115)

Article 14 of the Convention. Discontinuation of assignment to work involving exposure to ionizing radiation contrary to qualified medical advice. The Committee notes that Decision No. 004/2018 of the National Regulatory Authority for Protection against Radiation (ARNR), of 20 August 2018, approved a new version of the UY 100 Standard issuing the basic regulations on radiation protection and safety. The Committee notes with interest that section 140 of the UY 100 Standard (Revision VIII) provides that when it is determined, by the ARNR or in the context of the health monitoring programme required by the Standard, that, for health reasons, a worker cannot continue in employment involving occupational exposure, employers shall make every reasonable effort to provide the worker with adequate substitute employment, in accordance with the legislation in force.

2. Benzene Convention, 1971 (No. 136)

The Committee notes the information provided by the Government in reply to its previous comments on Articles 7(1) (performance of work involving the use of benzene or of products containing benzene in an enclosed system) and 8(2) (the provision of adequate means of protection against the risk of inhaling benzene vapour) of the Convention.

Article 4(2) of the Convention. Prohibition of the use of benzene and of products containing benzene as a solvent or diluent. The Committee requests the Government to provide information on the measures adopted to ensure that benzene is not used as a diluent and products containing benzene are not used as a solvent or diluent.

3. Occupational Cancer Convention, 1974 (No. 139)

Article 5 of the Convention. Medical examinations. With reference to its previous comments, the Committee notes the Government’s indication that the BSE Monitoring System does not cover occupational diseases related to occupational cancer. The Committee also notes the Government’s indication that compulsory medical examinations and their frequency are provided for in Order No. 145/009 of the Ministry of Public Health on the monitoring of the health of workers exposed to occupational risk factors. The Committee notes that this Order does not provide for the performance of post-employment medical examinations, but the Government indicates that it is working to revise the Order. The Committee requests the Government to provide information on the measures adopted to ensure that cases of occupational cancer are identified. The Committee also requests the Government to adopt measures, including as part of the ongoing revision of Order No. 145/009, to ensure that workers are provided with such medical examinations or biological or other tests or investigations, after the period of employment, as are necessary to evaluate their exposure and supervise their state of health in relation to the occupational hazards. The Committee further requests the Government to provide information on any developments in the adoption of such measures.

4. Asbestos Convention, 1986 (No. 162)

Article 6(2) of the Convention. Cooperation between employers undertaking activities simultaneously at one workplace. In this respect, the Committee requests the Government to refer to its comments on the application of Article 17 (collaboration between enterprises engaging in activities simultaneously at one workplace) of Convention No. 155.

Articles 20(2) and (3) and 21(3). Keeping of records of the monitoring of the working environment and the access of the workers, their representatives and the inspection services to these records. Obligation to inform workers in an adequate and appropriate manner of the results of their medical examinations and provide advice concerning their health. In relation to its previous comments, the Committee notes the Government’s indication that it is working to revise Order No. 145/009 on the monitoring of the health of workers exposed to occupational risk factors, with a view to updating it and expressly including the obligation to inform workers of the results of their medical examinations and provide them with advice. The Committee requests the Government to provide information on any progress made in the revision of Order No. 145/009. Furthermore, having noted the continued absence of information on this matter, the Committee once again requests the Government to provide information on the requirement for employers to keep records of the monitoring of the working environment and the workers exposed to asbestos, as well as the right of workers concerned, their representatives and the inspection services to access these records.

C. Protection in specific branches of activity

1. Safety and Health in Construction Convention, 1988 (No. 167)

Article 3 of the Convention. Consultation with the most representative organizations of employers and workers regarding measures that give effect to the provisions of the Convention. Noting the information provided by the Government, the Committee requests the Government to continue providing information on the activities undertaken by the Tripartite Occupational Safety and Health Committee for the Construction Industry.

Article 12(1). Right of workers to remove themselves from dangerous situations that pose an imminent and serious danger to their safety or health. Duty to inform their supervisor immediately. The Committee notes the Government’s indication, in relation to its previous comments, that there are no provisions guaranteeing the rights and obligations provided for in this clause of the Convention. The Committee once again requests the Government to adopt the necessary measures to ensure that the national legislation provides for the right of all workers to remove themselves from danger when they have good reason to believe that there is an imminent and serious danger to their safety or health, and the duty so to inform their supervisor immediately. The Committee requests the Government to refer to its comments on the application of Articles 13 and 19(f) (protection for workers who remove themselves from work situations that present an imminent and serious danger) of Convention No. 155.

Application in practice. The Committee notes that, according to information available in the BSE Occupational Accidents Monitoring System, in the first half of 2019, the total number of occupational accidents increased by 2.0 per cent year on year and that the sector that contributed to the largest extent to this increase was the construction industry, together with ancillary activities. In the first quarter of 2019, there were 815 occupational accidents in this industry, representing an increase of 13.5 per cent compared with the first quarter of 2018. The Committee requests the Government to provide information on the reasons for the increased number of occupational accidents in the construction sector in the first quarter of 2019 in comparison with the first quarter of 2018.

2. Safety and Health in Mines Convention, 1995 (No. 176)

Article 3 of the Convention. National policy. The Committee requests the Government to provide information on the activities undertaken by the Tripartite Occupational Safety and Health Committee for the Mining Sector.

Article 4. National legislation to ensure the application of the Convention and other supplementary measures. The Committee notes the Government’s indication that the legislation has not been amended and, moreover, Decree No. 1230/43 issuing the Regulations on Mining Police and Security continues to be applied. The Committee also notes an absence of information on the status of the approval process of the draft Decree governing mining police and security (2016), provided by the Government with its previous report, which would update the Regulations on Mining Police and Security currently in force. The Committee once again requests the Government to provide information on the status of the draft Decree governing mining police and security as well as information on other measures applying the Convention that supplement the national legislation.

Article 5(2)(d). Compilation and publication of statistics. In relation to its previous comments, the Committee notes the Government’s indication that there are no records of accidents in mines and the BSE Occupational Accidents and Occupational Diseases Monitoring Systems do not contain information on the mining sector. The Committee requests the Government to adopt the necessary measures to ensure the compilation and publication of statistics on accidents, occupational diseases and dangerous occurrences.

Article 5(3). Competent persons for the manufacture, storage, transport and use of explosives and detonating devices. The Committee notes the Government’s indication, in reply to its previous comments, that the Weaponry and Supplies Service of the National Defence Ministry is the competent body with regard to the manufacture, storage, transport and use of explosives and detonating devices and the applicable regulation is Decree No. 2605/943 on explosives and weapons. The Committee notes that section 19 of this Decree provides that, in order to obtain a manufacturing permit for explosives for the detonation and detonating of explosions and regular explosives or destructive devices, a factory must be under the technical management of an industrial chemist with a qualification issued or endorsed by the University of the Republic.

Article 6. Employer’s assessment and handling of risks. Noting the absence of specific information in this respect, the Committee once again requests the Government to provide information on the measures taken to ensure that risks are assessed and dealt with by employers in the following order of priority: (a) eliminate the risk; (b) control the risk at source; (c) minimize the risk; and (d) in so far as the risk remains, provide for the use of personal protective equipment.

Article 7(c). Stability of the ground. In the absence of information in this respect, the Committee once again requests the Government to provide information on the measures taken or envisaged to guarantee that the employer ensures the stability of the ground in areas to which persons have access in the context of their work.

Article 7(i) and 8. Stoppage of work and evacuation. Specific emergency response plan. The Committee notes that section 11 of Chapter II of Title V of Decree No. 406/88 governing occupational safety and health, provides that in the event of any accidental exposure or emergency related to chemical, physical or biological agents which may have serious consequences for workers or the general public, a perfectly organized emergency plan shall be drawn up. The Committee also notes the Government’s indication that the project evaluation and inspection division of the Ministry of Industry, Energy and Mining requests, before the mining activity begins, the presentation of a safety protocol, which must indicate the measures to be taken in the event of an incident, and this protocol is monitored during the inspections conducted by the above-mentioned division. The Committee requests the Government to specify whether the above-mentioned emergency plan and/or safety protocol contain measures that guarantee the stoppage of work and the evacuation of workers to a safe location when there is serious danger to the safety and health of workers and ensure that there is an emergency response plan, specific to each mine, for reasonably foreseeable industrial and natural disasters.

Article 9(d). First aid, transportation and medical facilities. Further to its previous comments, the Committee notes that section 100 of Chapter XXIII, Title II of the Occupational Safety and Health Regulations provides that, in the event of an accident, workers must be supervised by an operator trained as a responder with a knowledge of first aid and that, nevertheless, the first measure to take in the event of an accident is to proceed without delay to a medical centre.

Article 10(a). Training programmes. The Committee notes that further to its previous comments, the Government refers to Decree No. 291/007 implementing the provisions of Convention No. 155 and Decree No. 306/005 regulating the prevention of and protection against risks arising from the chemical industry; the Government indicates that these Decrees require all enterprises to establish a cooperative body comprising workers and employers in order to promote and collaborate on planning training, which shall be consensual, and promote and maintain cooperation on occupational health, occupational safety and the working environment. The Committee requests the Government to provide information on how it ensures that workers are provided, at no cost to them, with adequate training and retraining programmes, including in the context of the training plans developed by the cooperative bodies comprising workers and employers established in enterprises pursuant to section 5 of Decree No. 291/007.

Article 10(b). Supervision and control. In its previous comments, the Committee noted that section 26 of the Regulations on Mining Police and Security provides that wherever the presence of water is suspected that may flow into the work area, it must be investigated and the supervisor must report to the mine manager on the status of the investigation before the start of each replacement shift. Noting that the Government does not provide information in this regard, the Committee once again requests the Government to provide information on the measures taken to provide for the employer’s obligation to ensure that supervision and control are provided on each shift in all cases and not only when the presence of water is suspected.

Article 12. Activities of two or more employers at the same mine. In relation to its previous comments, the Committee notes the Government’s indication that when mining activity is outsourced or there is more than one company working in a mining venture, responsibility lies with the owner of the mine, in accordance with the provisions of the Mining Code. Noting that this Code does not contain provisions giving full effect to Article 12 of the Convention, the Committee once again requests the Government to take the necessary measures to ensure that whenever two or more employers undertake activities at the same mine, the employer in charge of the mine shall coordinate the implementation of all measures relating to safety and health and shall hold the primary responsibility for the safety of the operations.

Article 13(1)(a), (b) and (e) and (2)(b), (c) and (f). Rights of workers and their representatives. Further to its previous comments, the Committee notes that the Government refers, in a general manner, to Act No. 16074 on insurance for occupational accidents and diseases, Decree No. 406/988, regulatory provisions on occupational safety and health, and Decree No. 306/005 regulating the prevention of and protection against risks arising from the chemical industry, without specifying the particular provisions of these texts that would give effect to Article 13(1)(a), (b) and (e) and (2)(b), (c) and (f) of the Convention. The Committee notes that the Government also refers to sections 4 (right of workers or their representatives to consult and make recommendations on occupational safety and health to the employer) 5, 5bis, 11 and 11bis (on the establishment and activities of bipartite cooperation bodies on occupational safety and health at the enterprise level) of Decree No. 291/007. Noting the absence of specific information in this regard, the Committee once again requests the Government to provide information on the legislative provisions covering the rights of workers: (i) to report accidents, dangerous incidents and hazards (Article 13(1)(a)); (ii) to request and obtain inspections and investigations (Article 13(1)(b)); and of their representatives: (iii) to participate in inspections and investigations as well as monitor and investigate safety and health matters (Article 13(2)(b)); (iv) to have recourse to advisers and independent experts (Article 13(2)c)); and (v) to receive notice (Article 13(2)(f)). The Committee also requests the Government to refer to its comments on the application of Articles 13 and 19(f) (on the protection of workers removed from imminent and serious danger) of Convention No. 155, and to provide information concerning Article 13(1)(e) of this Convention.

Article 13(4). Discrimination or retaliation. Noting that the Government refers to the provisions of section 14 of Decree No. 291/007, to which the Committee referred in its previous comment, the Committee again requests the Government to provide information on the measures taken to ensure that workers and their representatives are able to exercise the rights provided for in Article 13(1) and (2) of the Convention without discrimination or retaliation.

Article 14. Workers’ duties. In the absence of information in this regard, the Committee once again requests the Government to provide information on the measures taken to give effect to the provisions of Article 14(b), (c) and (d) of the Convention.

3. Safety and Health in Agriculture Convention, 2001 (No. 184)

Article 4 of the Convention. National policy. The Committee takes note of the information provided by the Government on the activities of the tripartite committee on occupational safety and health in agriculture. The Committee requests the Government to continue to provide information on the activities of the above-mentioned committee.

Article 5. Inspection system. In this regard, the Committee requests the Government to refer to its comments on the application of Articles 14 and 21 (on the number of labour inspectors and inspection visits and the frequency and thoroughness of labour inspections) and Articles 26 and 27 (on the annual report on the activities of the inspection services) of the Labour Inspection (Agriculture) Convention, 1969 (No. 129).

Article 6(2). Cooperation involving two or more employers, or one or more employers and one or more self-employed persons, in an agricultural workplace. Noting the absence of information in this regard, the Committee again requests the Government to provide information on the manner in which the legislation or the competent authorities fulfil the requirement that whenever in an agricultural workplace two or more employers undertake activities, or whenever one or more employers and one or more self-employed persons undertake activities, they shall cooperate in applying the safety and health requirements. The Committee also requests the Government to indicate whether the competent authority has established general procedures for such cooperation. The Committee also requests the Government to refer to its comments on the application of Article 17 (on collaboration between enterprises engaging in activities simultaneously at one workplace) of Convention No. 155.

Article 11(2). Handling and transport of materials. Prohibition on requiring or permitting the manual handling or transport of certain loads. Noting that the Government, once again, has not provided the requested information, the Committee again requests the Government to provide information on the manner in which it is ensured that workers are not required or permitted to manually handle or transport a load that, due to its weight or nature, could jeopardize their safety or health.

Article 16(2) and (3). Young workers and hazardous work. Further to its previous comments, the Committee notes the Government’s indication that the work permits for young people aged between 16 and 18 years authorized to work as milking yard, wiring assistant and horse-riding guide, were issued on an exceptional basis by the Board of Directors of the Uruguayan Institute for Children and Young Persons, and that they are monitored by the National Inspectorate for the Work of Children and Young Persons of that institute. The Government indicates that in order to obtain an exemption for an activity, a responsible person of legal age must accompany the young person throughout the working day and the young person may not perform any task considered hazardous unless accompanied by the responsible person. The Committee also notes the Government’s indication that the National Committee for the Elimination of Child Labour is working on introducing new training on certain activities for young people before they start working in those areas. The Committee requests the Government to refer to its comments on the application of Article (3)(2) (on the determination of hazardous types of work) of the Minimum Age Convention, 1973 (No. 138).

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

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 155 (OSH), 161 (occupational health services) and 162 (asbestos) together.

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020) in which it provides information on the measures adopted to deal with the emergency health situation in the context of the COVID-19 pandemic.

COVID-19 measures. The Committee appreciates the Government's efforts to provide information on the OSH measures taken by the Government in the context of the COVID-19 pandemic, in particular the adoption of several decrees and resolutions relating to OSH. The Committee notes in particular Resolutions No. 52/020 (13 March 2020) and No. 54/020 (19 March 2020) of the Ministry of Labour and Social Security, agreed upon in a tripartite setting within the scope of the National Council for Occupational Safety and Health (CONASSAT), which set out provisions and recommendations for risk-prevention measures relating to COVID-19 in the area of work, as well as minimum guidelines to be included in the protocols for prevention, monitoring and action. The Committee also notes the Resolution of the General Inspectorate of Labour and Social Security of 14 April 2020, which provides for the establishment of special teams of labour inspectors, led by division directors and coordinators, to organize and monitor compliance with OSH measures within the context of the health emergency.

With regard to the other pending issues, the Committee reproduces the content of its comments adopted in 2019 below.

The Committee notes the observations of the Inter-Union Assembly of Workers – Workers’ National Convention (PIT-CNT) on the implementation of Convention No. 161, communicated with the Government’s report.

Occupational Safety and Health Convention, 1981 (No. 155)

Articles 4, 7 and 8 of the Convention. Formulation of a national policy and adoption of legislation on occupational safety and health, in consultation with the representative organizations of employers and workers concerned. Further to its previous comments, the Committee notes that, within the framework of Act No. 19172 on the regulation and control of cannabis, and Decree No. 120/2014, regulating that Act, Decree No. 128/016 of 2 May 2016 has been adopted, establishing the procedure for the action in relation to the consumption of alcohol, cannabis and other drugs in the workplace. The Committee welcomes the Government’s indication in its report that draft Decree No. 128/016 was approved by CONASSAT in 2015.

The Committee notes that section 3 of Decree No. 128/016 provides that in joint health and safety bodies (created within the framework of Decree No. 291/007, which implements the provisions of the Convention), and in sectorial industrial relations bodies, systematic guidelines and procedures to detect situations in which alcohol and other drugs are being consumed shall be adopted, and actions shall be developed for consumption prevention and early detection, with a view to facilitating early intervention. The Committee also notes the Government’s indication in its report that in 2016 a sub-working group was established within CONASSAT to draw up a national OSH policy, and continued its activities in 2017. The Committee also notes the information provided by the Government on the adoption of a series of OSH decrees (Decrees Nos 119/017, 143/017 and 7/018) in consultation with the representative organizations of employers and workers concerned and on the preparation of a compendium of rules on OSH. The Committee requests the Government to continue providing information on the formulation of the national policy on OSH in consultation with the most representative organizations of employers and workers concerned. The Committee also requests the Government to continue providing information on all periodical reviews of the safety and health of workers and the working environment conducted within the framework of CONASSAT.

Occupational Health Services Convention, 1985 (No. 161)

Articles 3, 4 and 6 of the Convention. Progressive development of occupational health services in consultation with the most representative employers’ and workers’ organizations. Legislation. The Committee previously noted that the second paragraph of section 16 of Decree No. 127/014, which regulates the application of the Convention in all activities, provides that, within five years of the entry into force of the Decree, all of the branches of activity shall have occupational health and prevention services.

The Committee notes the PIT-CNT’s indication in its observations that the time limits established by Decree No. 127/014 have now passed, and compliance with the Decree has been very limited, as the great majority of companies have not established occupational health services. In this respect, the Committee notes that Decree No. 127/014 has been amended by Decree No. 126/019, of 6 May 2019, which was agreed in CONASSAT. The Committee notes, in particular, that section 1 of Decree No. 126/019 sets aside the time limit envisaged in section 16(2) of Decree No. 127/014 and, consequently, provides that: (i) occupational health and prevention services shall be established in companies and institutions with more than 300 workers, irrespective of their area of activity or nature; (ii) this requirement shall be gradually extended to include companies with between 50 and 300 workers, in accordance with the list of branches and activity sectors that CONASSAT will submit to the executive; and (iii) all companies and institutions with more than five workers, irrespective of the nature of their activity, shall set up occupational health and prevention services within a maximum of 18 months from the entry into force of Decree No. 126/019. The Committee also notes that section 3 of the Decree specifies that all of the companies and institutions covered by the requirement to have occupational health and prevention services shall have 180 days from the entry into force of the Decree on the expiry of the corresponding deadline to complete the establishment of such services.

The Committee notes the Government’s indication that, irrespective of the number of workers, occupational health services are currently compulsory in the chemicals, drug, pharmaceutical, fossil fuel and allied industries (pursuant to Decree No. 128/014, as amended by Decree No. 109/017 of 24 April 2017); in collective healthcare institutions, medical mutuals and cooperatives (under Decree No. 197/014, of 16 July 2014); in the dairy and non-alcoholic drinks, beer and malted barley industries, which form part of the group of activities relating to the processing and preservation of food, drinks and tobacco (pursuant to Decree No. 242/018, of 6 August 2018); in activities deemed to be dock work (under section 15 of Decree No. 394/018, of 26 November 2018) and, finally, in some activities in the refrigeration and metal products, machinery and equipment industries (pursuant to Decree No. 127/019 of 6 May 2019). The Committee requests the Government to continue providing information on the progress made in the establishment of occupational health services for all workers in all branches of economic activity and in all companies. In particular, the Committee requests the Government to provide information on the gradual extension to companies with between 50 and 300 workers of the requirement to have occupational health and prevention services, including the decrees adopted to extend the requirement, as well as on the inclusion of companies with between five and 50 workers.

Asbestos Convention, 1986 (No. 162)

Articles 3(1) and 5 of the Convention. Measures for the prevention and control of, and protection of workers against health hazards due to occupational exposure to asbestos. Inspection system and sanctions. The Committee previously noted that Decree No. 154/002 prohibits the manufacture, import and marketing of asbestos and requested the Government to provide information on the inspections conducted to control the prohibition of asbestos. In this respect, the Committee notes the Government’s indication that: (i) inspections and controls relating to asbestos are conducted by the Environmental Working Conditions Division (CAT) of the General Labour and Social Security Inspectorate of the Ministry of Labour and Social Security, the Hazard Management Unit of the State Insurance Bank and the Ministry of Public Health; (ii) training for the personnel of the General Labour Inspectorate enables them to identify specific cases of exposure to asbestos; (iii) if the CAT detects the presence of asbestos in inspected workplaces, it shall immediately order the corresponding preventive measures, the removal of the carcinogenic product and the monitoring of the workers’ health, and may even order closures in the event of non-compliance; and, (iv) either the General Labour Inspectorate or the Ministry of Public Health shall impose sanctions for failure to comply with the prohibition of the manufacture and marketing of products containing asbestos, while the National Directorate of the Environment, of the Ministry of Housing, Land Management and the Environment shall impose sanctions for failure to comply with the prohibition of marketing waste containing asbestos.

Article 17. Demolition of plants or structures containing asbestos and removal of asbestos. Preparation of a work plan in consultation with the workers or their representatives. Noting that no information has been provided in this respect, the Committee once again requests the Government to adopt the necessary measures to ensure that: (i) the demolition of plants or structures containing friable asbestos insulation materials, and the removal of asbestos from buildings or structures in which asbestos is liable to become airborne, are undertaken only by employers or contractors recognized by the competent authority as qualified to carry out such work; and (ii) employers or contractors shall draw up a work plan before commencing demolition work, in consultation with the workers or their representatives.

Article 19. Removal of waste containing asbestos. In reply to its previous comments, the Committee notes the Government’s references to section 21 of Act No. 17283 on environmental protection, as amended in 2019, which provides, firstly, that it is in the general interest to protect the environment against any effects that may derive from the production, handling and any waste management operations and their elements, whatever their type and throughout their life cycle and, secondly, that the Ministry of Housing, Land Management and the Environment shall issue and apply the necessary measures to regulate the management of waste, of whatever type, including the production, collection, transport, storage, marketing, recycling and other forms of recovery, treatment and final disposal. The Committee notes that the Government has provided information on the Hazardous Waste Removal Guide, which was drawn up with the aim of training municipal personnel in the management of such waste, including asbestos, and the indication that there is a list of registered operators authorized to handle, transport, destroy and dispose of waste, including hazardous waste. The Committee requests the Government to provide information on the measures taken to ensure that: (i) employers are required to remove waste containing asbestos in such a manner that it does not present a risk to the health of the workers concerned, including those handling asbestos waste, or the population living in the vicinity of the company; and (ii) the competent authority and the employers are required to adopt appropriate measures to prevent pollution of the general environment by asbestos dust released from workplaces.

Article 22(2). Establishment by employers of written policies and procedures on measures for the education and periodic training of workers on asbestos hazards. Noting that information has not been provided in this respect, the Committee once again requests the Government to adopt the necessary measures to ensure that employers establish written policies and procedures on measures for the education and periodic training of workers on asbestos hazards and methods of prevention and control.

The Committee is raising other matters in a request addressed directly to the Government, which reiterates the content of its previous request adopted in 2019.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

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 115 (radiation protection), 136 (benzene), 139 (occupational cancer), 155 (OSH), 161 (occupational health services), 162 (asbestos), 167 (OSH in construction), 176 (OSH in mines) and 184 (OSH in agriculture) together.

The Committee notes the observations of the Inter-Union Assembly of Workers – Workers’ National Convention (PIT-CNT) on the application of Convention No. 155, communicated by the Government.

A. General provisions

1. Occupational Safety and Health Convention, 1981 (No. 155)

The Committee notes the information provided by the Government in response to its previous comments on Article 18 (measures to deal with emergencies) of the Convention.

Articles 4, 5(d) and 7 of the Convention. Periodic reviews of the national situation and communication at all appropriate levels. The Committee recalls that in previous comments it noted that, under section 12 of Decree No. 291/007, a sectoral tripartite committee must be created in each sector or branch of activity to formulate, implement and periodically review a national policy and its methods of implementation in relation to occupational safety, occupational health and the working environment, in order to give effect to the Convention. In this regard, the Committee notes the observations provided by the PIT-CNT that there continue to be difficulties in setting up tripartite forums at the sectoral level. The Committee requests the Government to provide information on the manner in which it is ensured that the situation regarding workers’ safety and health and the working environment is reviewed at appropriate intervals, either overall or in respect of particular sectors, with a view to identifying major problems and evolving effective methods for dealing with them and priorities of action. The Committee also requests the Government to provide additional information on the work of the sectoral tripartite committees.

Article 11(e). Annual publication of information. With reference to its previous comments, the Committee notes the Government’s indication that efforts were made to improve the quality of information and the production of reports analysing the accident rate at the national level and by sector or branches of activity, and that regular annual presentations were made to the National Occupational Safety and Health Board (CONASSAT) and to the sectoral tripartite committees. The Committee also notes the Government’s indication that the Occupational Accidents Monitoring System, which contains information on occupational accidents, was launched as a result of the coordinated work of the Ministry of Labour and Social Security (MTSS) and the State Insurance Bank (BSE). The Committee notes that both this monitoring system and the Occupational Diseases Monitoring System are databases available on the web page of the BSE which contain detailed quarterly and annual information on, respectively, occupational accidents and occupational diseases that have been recognized under Act No. 16074, on occupational accident and disease insurance.

Articles 13 and 19(f). Protection for workers who remove themselves from work situations that present an imminent and serious danger. With reference to its previous comments, the Committee notes that the Government refers to the various provisions of Decree No. 125/014 and Decree No. 394/018, which establish the procedures for, respectively, the halting of work in the construction industry and in dock work when there is imminent and serious risk to the physical safety of one or more workers. The Committee notes that the provisions referred to by the Government specify that the procedures for halting work shall be initiated by the safety and health delegate or the workers’ representative on the safety committee, and do not protect all workers who remove themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health. Noting that the provisions referred to by the Government do not give effect to Articles 13 and 19(f) of the Convention, the Committee once again requests the Government to adopt the necessary measures to ensure that workers who believe it necessary to remove themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health are protected from undue consequences. It also requests the Government to provide information on the measures adopted in this regard.

Article 17. Collaboration between enterprises engaging in activities simultaneously at one workplace. With reference to its previous comments, the Committee notes the Government’s reference to section 108(f) of Decree No. 394/018, which regulates the content of plans for the performance of dock work in a single confined or potentially confined space where operators from more than one enterprise are present. Noting that the provisions referred to by the Government do not give full effect to Article 17 of the Convention, the Committee once again requests the Government to adopt the necessary measures to ensure that whenever two or more enterprises engage in activities simultaneously at one workplace, they shall collaborate in applying the requirements of the Convention, and that this requirement covers all workers in all branches of economic activity. It also requests the Government to provide information on the measures adopted in this regard.

Articles 19(b) and (c) and 20. Adoption of provisions at the level of the enterprise regarding the cooperation of workers’ representatives with the employer and appropriate training in the area of OSH given to workers and their representatives. The Committee recalls that section 5 of Decree No. 291/007 provides for the establishment of bipartite cooperation bodies on OSH at the enterprise level. The Committee notes that Decree No. 244/016 amended sections 5(d) and 11 of Decree No. 291/007 and added sections 5 bis and 11 bis, and that all these provisions refer to the establishment of the bipartite bodies and to their activities.

2. Occupational Health Services Convention, 1985 (No. 161)

Article 9 of the Convention. Health services in multidisciplinary work. The Committee notes that section 5 of Decree No. 127/014, as amended by section 2 of Decree No. 126/019, still specifies that occupational prevention and health services shall be multidisciplinary and that their new composition of personnel shall include at least one doctor specialized in occupational health and one other professional or specialist holding any of the following qualifications: prevention specialist, occupational health technician, prevention technician, occupational safety and health professional, or prevention technology engineer, and may also include a psychologist, nursing personnel or specialists in fields associated with occupational safety and health.

B. Protection against specific risks

1. Radiation Protection Convention, 1960 (No. 115)

Article 14 of the Convention. Discontinuation of assignment to work involving exposure to ionizing radiation contrary to qualified medical advice. The Committee notes that Decision No. 004/2018 of the National Regulatory Authority for Protection against Radiation (ARNR), of 20 August 2018, approved a new version of the UY 100 Standard issuing the basic regulations on radiation protection and safety. The Committee notes with interest that section 140 of the UY 100 Standard (Revision VIII) provides that when it is determined, by the ARNR or in the context of the health monitoring programme required by the Standard, that, for health reasons, a worker cannot continue in employment involving occupational exposure, employers shall make every reasonable effort to provide the worker with adequate substitute employment, in accordance with the legislation in force.

2. Benzene Convention, 1971 (No. 136)

The Committee notes the information provided by the Government in reply to its previous comments on Articles 7(1) (performance of work involving the use of benzene or of products containing benzene in an enclosed system) and 8(2) (the provision of adequate means of protection against the risk of inhaling benzene vapour) of the Convention.

Article 4(2) of the Convention. Prohibition of the use of benzene and of products containing benzene as a solvent or diluent. The Committee requests the Government to provide information on the measures adopted to ensure that benzene is not used as a diluent and products containing benzene are not used as a solvent or diluent.

3. Occupational Cancer Convention, 1974 (No. 139)

Article 5 of the Convention. Medical examinations. With reference to its previous comments, the Committee notes the Government’s indication that the BSE Monitoring System does not cover occupational diseases related to occupational cancer. The Committee also notes the Government’s indication that compulsory medical examinations and their frequency are provided for in Order No. 145/009 of the Ministry of Public Health on the monitoring of the health of workers exposed to occupational risk factors. The Committee notes that Order No. 145/009 does not provide for the performance of post-employment medical examinations, but the Government is working to revise the Order. The Committee requests the Government to provide information on the measures adopted to ensure that cases of occupational cancer are identified. The Committee also requests the Government to adopt measures, including as part of the ongoing revision of Order No. 145/009, to ensure that workers are provided with such medical examinations or biological or other tests or investigations, after the period of employment, as are necessary to evaluate their exposure and supervise their state of health in relation to the occupational hazards. The Committee further requests the Government to provide information on any developments in the adoption of such measures.

4. Asbestos Convention, 1986 (No. 162)

Article 6(2) of the Convention. Cooperation between employers undertaking activities simultaneously at one workplace. In this respect, the Committee requests the Government to refer to its comments on the application of Article 17 (collaboration between enterprises engaging in activities simultaneously at one workplace) of Convention No. 155.

Articles 20(2) and (3) and 21(3). Keeping of records of the monitoring of the working environment and the access of the workers, their representatives and the inspection services to these records. Obligation to inform workers in an adequate and appropriate manner of the results of their medical examinations and provide advice concerning their health. In relation to its previous comments, the Committee notes the Government’s indication that it is working to revise Order No. 145/009 on the monitoring of the health of workers exposed to occupational risk factors, with a view to updating it and expressly including the obligation to inform workers of the results of their medical examinations and provide them with advice. The Committee requests the Government to provide information on any progress made in the revision of Order No. 145/009. Furthermore, having noted the continued absence of information on this matter, the Committee once again requests the Government to provide information on the requirement for employers to keep records of the monitoring of the working environment and the workers exposed to asbestos, as well as the right of workers concerned, their representatives and the inspection services to access these records.

C. Protection in specific branches of activity

1. Safety and Health in Construction Convention, 1988 (No. 167)

Article 3 of the Convention. Consultation with the most representative organizations of employers and workers regarding measures that give effect to the provisions of the Convention. Noting the information provided by the Government, the Committee requests the Government to continue providing information on the activities undertaken by the Tripartite Occupational Safety and Health Committee for the Construction Industry.

Article 12(1). Right of workers to remove themselves from dangerous situations that pose an imminent and serious danger to their safety or health. Duty to inform their supervisor immediately. The Committee notes the Government’s indication, in relation to its previous comments, that there are no provisions guaranteeing the rights and obligations provided for in this clause of the Convention. The Committee once again requests the Government to adopt the necessary measures to ensure that the national legislation provides for the right of all workers to remove themselves from danger when they have good reason to believe that there is an imminent and serious danger to their safety or health, and the duty so to inform their supervisor immediately. The Committee requests the Government to refer to its comments on the application of Articles 13 and 19(f) (protection for workers who remove themselves from work situations that present an imminent and serious danger) of Convention No. 155.

Application in practice. The Committee notes that, according to information available in the BSE Occupational Accidents Monitoring System, in the first half of 2019, the total number of occupational accidents increased by 2.0 per cent year on year and that the sector that contributed to the largest extent to this increase was the construction industry, together with ancillary activities. In the first quarter of 2019, there were 815 employment injuries in this industry, representing an increase of 13.5 per cent compared with the first quarter of 2018. The Committee requests the Government to provide information on the reasons for the increased number of occupational accidents in the construction sector in the first quarter of 2019 in comparison with the first quarter of 2018.

2. Safety and Health in Mines Convention, 1995 (No. 176)

Article 3 of the Convention. National policy. The Committee requests the Government to provide information on the activities undertaken by the Tripartite Occupational Safety and Health Committee for the Mining Sector.

Article 4. National legislation to ensure the application of the Convention and other supplementary measures. The Committee notes the Government’s indication that the legislation has not been amended and, moreover, Decree No. 1230/43 issuing the Regulations on Mining Police and Security continues to be applied. The Committee also notes an absence of information on the status of the approval process of the draft Decree governing mining police and security (2016), provided by the Government with its previous report, which would update the Regulations on Mining Police and Security currently in force. The Committee once again requests the Government to provide information on the status of the draft Decree governing mining police and security as well as information on other measures applying the Convention that supplement the national legislation.

Article 5(2)(d). Compilation and publication of statistics. In relation to its previous comments, the Committee notes the Government’s indication that there are no records of accidents in mines and the BSE Occupational Accidents and Occupational Diseases Monitoring Systems do not contain information on the mining sector. The Committee requests the Government to adopt the necessary measures to ensure the compilation and publication of statistics on accidents, occupational diseases and dangerous occurrences.

Article 5(3). Competent persons for the manufacture, storage, transport and use of explosives and detonating devices. The Committee notes the Government’s indication, in reply to its previous comments, that the Weaponry and Supplies Service of the National Defence Ministry is the competent body with regard to the manufacture, storage, transport and use of explosives and detonating devices and the applicable regulation is Decree No. 2605/943 on explosives and weapons. The Committee notes that section 19 of this Decree provides that, in order to obtain a manufacturing permit for explosives for the detonation and detonating of explosions and regular explosives or destructive devices, a factory must be under the technical management of an industrial chemist with a qualification issued or endorsed by the University of the Republic.

Article 6. Employer’s assessment and handling of risks. Noting the absence of specific information in this respect, the Committee once again requests the Government to provide information on the measures taken to ensure that risks are assessed and dealt with by employers in the following order of priority: (a) eliminate the risk; (b) control the risk at source; (c) minimize the risk; and (d) in so far as the risk remains, provide for the use of personal protective equipment.

Article 7(c). Stability of the ground. In the absence of information in this respect, the Committee once again requests the Government to provide information on the measures taken or envisaged to guarantee that the employer ensures the stability of the ground in areas to which persons have access in the context of their work.

Article 7(i) and 8. Stoppage of work and evacuation. Specific emergency response plan. The Committee notes that section 11 of Chapter II of Title V of Decree No. 406/88 governing occupational safety and health, provides that in the event of any accidental exposure or emergency related to chemical, physical or biological agents which may have serious consequences for workers or the general public, a perfectly organized emergency plan shall be drawn up. The Committee also notes the Government’s indication that the project evaluation and inspection division of the Ministry of Industry, Energy and Mining requests, before the mining activity begins, the presentation of a safety protocol, which must indicate the measures to be taken in the event of an incident, and this protocol is monitored during the inspections conducted by the above-mentioned division. The Committee requests the Government to specify whether the above-mentioned emergency plan and/or safety protocol contain measures that guarantee the stoppage of work and the evacuation of workers to a safe location when there is serious danger to the safety and health of workers and ensure that there is an emergency response plan, specific to each mine, for reasonably foreseeable industrial and natural disasters.

Article 9(d). First aid, transportation and medical facilities. Further to its previous comments, the Committee notes that section 100 of Chapter XXIII, Title II of the Occupational Safety and Health Regulations provides that, in the event of an accident, workers must be supervised by an operator trained as a responder with a knowledge of first aid and that, nevertheless, the first measure to take in the event of an accident is to proceed without delay to a medical centre.

Article 10(a). Training programmes. The Committee notes that further to its previous comments, the Government refers to Decree No. 291/007 implementing the provisions of Convention No. 155 and Decree No. 306/005 regulating the prevention of and protection against risks arising from the chemical industry; the Government indicates that these Decrees require all enterprises to establish a cooperative body comprising workers and employers in order to promote and collaborate on planning training, which shall be consensual, and promote and maintain cooperation on occupational health, occupational safety and the working environment. The Committee requests the Government to provide information on how it ensures that workers are provided, at no cost to them, with adequate training and retraining programmes, including in the context of the training plans developed by the cooperative bodies comprising workers and employers established in enterprises pursuant to section 5 of Decree No. 291/007.

Article 10(b). Supervision and control. In its previous comments, the Committee noted that section 26 of the Regulations on Mining Police and Security provides that wherever the presence of water is suspected that may flow into the work area, it must be investigated and the supervisor must report to the mine manager on the status of the investigation before the start of each replacement shift. Noting that the Government does not provide information in this regard, the Committee once again requests the Government to provide information on the measures taken to provide for the employer’s obligation to ensure that supervision and control are provided on each shift in all cases and not only when the presence of water is suspected.

Article 12. Activities of two or more employers at the same mine. In relation to its previous comments, the Committee notes the Government’s indication that when mining activity is outsourced or there is more than one company working in a mining venture, responsibility lies with the owner of the mine, in accordance with the provisions of the Mining Code. Noting that this Code does not contain provisions giving full effect to Article 12 of the Convention, the Committee once again requests the Government to take the necessary measures to ensure that whenever two or more employers undertake activities at the same mine, the employer in charge of the mine shall coordinate the implementation of all measures relating to safety and health and shall hold the primary responsibility for the safety of the operations.

Article 13(1)(a), (b) and (e) and (2)(b), (c) and (f). Rights of workers and their representatives. Further to its previous comments, the Committee notes that the Government refers, in a general manner, to Act No. 16074 on insurance for occupational accidents and diseases, Decree No. 406/988, regulatory provisions on occupational safety and health, and Decree No. 306/005 regulating the prevention of and protection against risks arising from the chemical industry, without specifying the particular provisions of these texts that would give effect to Article 13(1)(a), (b) and (e) and (2)(b), (c) and (f) of the Convention. The Committee notes that the Government also refers to sections 4 (right of workers or their representatives to consult and make recommendations on occupational safety and health to the employer) 5, 5 bis, 11 and 11 bis (on the establishment and activities of bipartite cooperation bodies on occupational safety and health at the enterprise level) of Decree No. 291/007. Noting the absence of specific information in this regard, the Committee once again requests the Government to provide information on the legislative provisions covering the rights of workers: (i) to report accidents, dangerous incidents and hazards (Article 13(1)(a)); (ii) to request and obtain inspections and investigations (Article 13(1)(b)); and of their representatives: (iii) to participate in inspections and investigations as well as monitor and investigate safety and health matters (Article 13(2)(b)); (iv) to have recourse to advisers and independent experts (Article 13(2)c)); and (v) to receive notice (Article 13(2)(f)). The Committee also requests the Government to refer to its comments on the application of Articles 13 and 19(f) (on the protection of workers removed from imminent and serious danger) of Convention No. 155, and to provide information concerning Article 13(1)(e) of this Convention.

Article 13(4). Discrimination or retaliation. Noting that the Government refers to the provisions of section 14 of Decree No. 291/007, to which the Committee referred in its previous comment, the Committee again requests the Government to provide information on the measures taken to ensure that workers and their representatives are able to exercise the rights provided for in Article 13(1) and (2) of the Convention without discrimination or retaliation.

Article 14. Workers’ duties. In the absence of information in this regard, the Committee once again requests the Government to provide information on the measures taken to give effect to the provisions of Article 14(b), (c) and (d) of the Convention.

3. Safety and Health in Agriculture Convention, 2001 (No. 184)

Article 4 of the Convention. National policy. The Committee takes note of the information provided by the Government on the activities of the tripartite committee on occupational safety and health in agriculture. The Committee requests the Government to continue to provide information on the activities of the above-mentioned committee.

Article 5. Inspection system. In this regard, the Committee requests the Government to refer to its comments on the application of Articles 14 and 21 (on the number of labour inspectors and inspection visits and the frequency and thoroughness of labour inspections) and Articles 26 and 27 (on the annual report on the work of the inspection services) of the Labour Inspection (Agriculture) Convention, 1969 (No. 129).

Article 6(2). Cooperation involving two or more employers, or one or more employers and one or more self-employed persons, in an agricultural workplace. Noting the absence of information in this regard, the Committee again requests the Government to provide information on the manner in which the legislation or the competent authorities fulfil the requirement that whenever in an agricultural workplace two or more employers undertake activities, or whenever one or more employers and one or more self-employed persons undertake activities, they shall cooperate in applying the safety and health requirements. The Committee also requests the Government to indicate whether the competent authority has established general procedures for such cooperation. The Committee also requests the Government to refer to its comments on the application of Article 17 (on collaboration between enterprises engaging in activities simultaneously at one workplace) of Convention No. 155.

Article 11(2). Handling and transport of materials. Prohibition on requiring or permitting the manual handling or transport of certain loads. Noting that the Government, once again, has not provided the requested information, the Committee again requests the Government to provide information on the manner in which it is ensured that workers are not required or permitted to manually handle or transport a load that, due to its weight or nature, could jeopardize their safety or health.

Article 16(2) and (3). Young workers and hazardous work. Further to its previous comments, the Committee notes the Government’s indication that the work permits for young people aged between 16 and 18 years authorized to work as farmhand, wiring assistant and horse-riding guide, were issued on an exceptional basis by the Board of Directors of the Uruguayan Institute for Children and Young Persons, and that they are monitored by the National Inspectorate for the Work of Children and Young Persons of that institute. The Government indicates that in order to obtain an exemption for an activity, a responsible person of legal age must accompany the young person throughout the working day and the young person may not perform any task considered hazardous unless accompanied by the responsible person. The Committee also notes the Government’s indication that the National Committee for the Elimination of Child Labour is working on introducing new training on certain activities for young people before they start working in those areas. The Committee requests the Government to refer to its comments on the application of Article (3)(2) (on the determination of hazardous types of work) of the Minimum Age Convention, 1973 (No. 138).

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

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 155 (OSH), 161 (occupational health services) and 162 (asbestos) together.

The Committee notes the observations of the Inter-Union Assembly of Workers – Workers’ National Convention (PIT-CNT) on the implementation of Convention No. 161, communicated with the Government’s report.

Occupational Safety and Health Convention, 1981 (No. 155)

Articles 4, 7 and 8 of the Convention. Formulation of a national policy and adoption of legislation on occupational safety and health, in consultation with the representative organizations of employers and workers concerned. Further to its previous comments, the Committee notes that, within the framework of Act No. 19172 on the regulation and control of cannabis, and Decree No. 120/2014, regulating that Act, Decree No. 128/016 of 2 May 2016 has been adopted, establishing the procedure for the action in relation to the consumption of alcohol, cannabis and other drugs in the workplace. The Committee welcomes the Government’s indication in its report that draft Decree No. 128/016 was approved by the National Council on Occupational Safety and Health (CONASSAT) in 2015.

The Committee notes that section 3 of Decree No. 128/016 provides that in joint health and safety bodies (created within the framework of Decree No. 291/007, which implements the provisions of the Convention), and in sectorial industrial relations bodies, systematic guidelines and procedures to detect situations in which alcohol and other drugs are being consumed shall be adopted, and actions shall be developed for consumption prevention and early detection, with a view to facilitating early intervention. The Committee also notes the Government’s indication in its report that in 2016 a sub-working group was established within CONASSAT to draw up a National OSH Policy, and continued its activities in 2017. The Committee also notes the information provided by the Government on the adoption of a series of OSH Decrees (Decrees Nos 119/017, 143/017 and 7/018) in consultation with the representative organizations of employers and workers concerned and on the preparation of a compendium of rules on OSH. The Committee requests the Government to continue providing information on the formulation of the national policy on OSH in consultation with the most representative organizations of employers and workers concerned. The Committee also requests the Government to continue providing information on all periodical reviews of the safety and health of workers and the working environment conducted within the framework of the CONASSAT.

Occupational Health Services Convention, 1985 (No. 161)

Articles 3, 4 and 6 of the Convention. Progressive development of occupational health services in consultation with the most representative employers’ and workers’ organizations. Legislation. The Committee previously noted that the second paragraph of section 16 of Decree No. 127/014, which regulates the application of the Convention in all activities, provides that, within five years of the entry into force of the Decree, all of the branches of activity shall have occupational health and prevention services.

The Committee notes the PIT-CNT’s indication in its observations that the time limits established by Decree No. 127/014 have now passed, and compliance with the Decree has been very limited, as the great majority of companies have not established occupational health services. In this respect, the Committee notes that Decree No. 127/014 has been amended by Decree No. 126/019, of 6 May 2019, which was agreed in CONASSAT. The Committee notes, in particular, that section 1 of Decree No. 126/019 sets aside the time limit envisaged in section 16(2) of Decree No. 127/014 and, consequently, provides that: (i) occupational health and prevention services shall be established in companies and institutions with more than 300 workers, irrespective of their area of activity or nature; (ii) this requirement shall be gradually extended to include companies with between 50 and 300 workers, in accordance with the list of branches and activity sectors that CONASSAT will submit to the executive; and (iii) all companies and institutions with more than five workers, irrespective of the nature of their activity, shall set up occupational health and prevention services within a maximum of 18 months from the entry into force of Decree No. 126/019. The Committee also notes that section 3 of the Decree specifies that all of the companies and institutions covered by the requirement to have occupational health and prevention services shall have 180 days from the entry into force of the Decree on the expiry of the corresponding deadline to complete the establishment of such services.

The Committee notes the Government’s indication that, irrespective of the number of workers, occupational health services are currently compulsory in the chemicals, drug, pharmaceutical, fossil fuel and allied industries (pursuant to Decree No. 128/014, as amended by Decree No. 109/017 of 24 April 2017); in collective healthcare institutions, medical mutuals and cooperatives (under Decree No. 197/014, of 16 July 2014); in the dairy and non-alcoholic drinks, beer and malted barley industries, which form part of the group of activities relating to the processing and preservation of food, drinks and tobacco (pursuant to Decree No. 242/018, of 6 August 2018); in activities deemed to be dock work (under section 15 of Decree No. 394/018, of 26 November 2018) and, finally, in some activities in the refrigeration and metal products, machinery and equipment industries (pursuant to Decree No. 127/019 of 6 May 2019). The Committee requests the Government to continue providing information on the progress made in the establishment of occupational health services for all workers in all branches of economic activity and in all companies. In particular, the Committee requests the Government to provide information on the gradual extension to companies with between 50 and 300 workers of the requirement to have occupational health and prevention services, including the Decrees adopted to extend the requirement, as well as on the inclusion of companies with between five and 50 workers.

Asbestos Convention, 1986 (No. 162)

Articles 3(1) and 5 of the Convention. Measures for the prevention and control of, and protection of workers against health hazards due to occupational exposure to asbestos. Inspection system and sanctions. The Committee previously noted that Decree No. 154/002 prohibits the manufacture, import and marketing of asbestos and requested the Government to provide information on the inspections conducted to control the prohibition of asbestos. In this respect, the Committee notes the Government’s indication that: (i) inspections and controls relating to asbestos are conducted by the Environmental Working Conditions Division (CAT) of the General Labour and Social Security Inspectorate of the Ministry of Labour and Social Security, the Hazard Management Unit of the State Insurance Bank and the Ministry of Public Health; (ii) training for the personnel of the General Labour Inspectorate enables them to identify specific cases of exposure to asbestos; (iii) if the CAT detects the presence of asbestos in inspected workplaces, it shall immediately order the corresponding preventive measures, the removal of the carcinogenic product and the monitoring of the workers’ health, and may even order closures in the event of non-compliance; and, (iv) either the General Labour Inspectorate or the Ministry of Public Health shall impose sanctions for failure to comply with the prohibition of the manufacture and marketing of products containing asbestos, while the National Directorate of the Environment, of the Ministry of Housing, Land Management and the Environment shall impose sanctions for failure to comply with the prohibition of marketing waste containing asbestos.

Article 17. Demolition of plants or structures containing asbestos and removal of asbestos. Preparation of a work plan in consultation with the workers or their representatives. Noting that no information has been provided in this respect, the Committee once again requests the Government to adopt the necessary measures to ensure that: (i) the demolition of plants or structures containing friable asbestos insulation materials, and the removal of asbestos from buildings or structures in which asbestos is liable to become airborne, are undertaken only by employers or contractors recognized by the competent authority as qualified to carry out such work; and (ii) employers or contractors shall draw up a work plan before commencing demolition work, in consultation with the workers or their representatives.

Article 19. Removal of waste containing asbestos. In reply to its previous comments, the Committee notes the Government’s references to section 21 of Act No. 17283 on environmental protection, as amended in 2019, which provides, firstly, that it is in the general interest to protect the environment against any effects that may derive from the production, handling and any waste management operations and their elements, whatever their type and throughout their life cycle and, secondly, that the Ministry of Housing, Land Management and the Environment shall issue and apply the necessary measures to regulate the management of waste, of whatever type, including the production, collection, transport, storage, marketing, recycling and other forms of recovery, treatment and final disposal. The Committee notes that the Government has provided information on the Hazardous Waste Removal Guide, which was drawn up with the aim of training municipal personnel in the management of such waste, including asbestos, and the indication that there is a list of registered operators authorized to handle, transport, destroy and dispose of waste, including hazardous waste. The Committee requests the Government to provide information on the measures taken to ensure that: (i) employers are required to remove waste containing asbestos in such a manner that it does not present a risk to the health of the workers concerned, including those handling asbestos waste, or the population living in the vicinity of the company; and (ii) the competent authority and the employers are required to adopt appropriate measures to prevent pollution of the general environment by asbestos dust released from workplaces.

Article 22(2). Establishment by employers of written policies and procedures on measures for the education and periodic training of workers on asbestos hazards. Noting that information has not been provided in this respect, the Committee once again requests the Government to adopt the necessary measures to ensure that employers establish written policies and procedures on measures for the education and periodic training of workers on asbestos hazards and methods of prevention and control.

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

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 162 (asbestos) and 176 (safety and health in mines) together.

Asbestos Convention, 1986 (No. 162)

Article 6(2). Cooperation between employers undertaking activities simultaneously at one workplace. The Committee recalls its last comments on the application of the Occupational Safety and Health Convention, 1981 (No. 155), and the Safety and Health in Construction Convention, 1988 (No. 167), in which it noted the existence of subsidiary liability of contractors, and joint liability in case of default of the labour obligations of the main contractor, as well as the regulations in sections 266 and 267 of Decree No. 125/014 concerning safety and health in construction, which provide for cooperation in overlapping and/or shared work activities of employers. In this respect, the Committee refers to the comments that it adopted in 2014 made under Article 17 of Convention No. 155 concerning Article 17 (collaboration whenever two or more undertakings engage in activities simultaneously at one workplace).

Article 13. Requirement for employers to notify the competent authority of the types of work involving exposure to asbestos. The Committee notes the Government’s reference to Decree No. 183/892 of 1982 on the prevention and control of occupational risks caused by carcinogenic substances or agents. The Committee notes that section 8 of this Decree requires employers to notify the use of carcinogenic substances and agents to the Ministry of Labour and Social Security, and that pursuant to section 10, the Ministry may, upon request, authorize work that is compatible with the health of workers (such as in the event of minimal exposition to carcinogens). The Committee also notes the Government’s reference to public controls concerning the management of risks in workplaces, and the required notification of the Ministry of Labour and Social Security in case carcinogenic substances and agents are detected. The Committee takes note of this information.

Articles 20(2) and (3) and 21(3). Keeping of records of the monitoring of the working environment and adequate information to workers on the results of their medical examinations. The Committee notes the Government’s indication that the medical surveillance of workers exposed to asbestos is covered by Ordinance No. 145/2009 of the Ministry of Health on health monitoring of workers exposed to occupational risk factors, and that Decree No. 406/88 on the prevention of occupational accidents requires that workers exposed to risk factors, whether they are chemical, physical, biological or ergonomical, have to undergo medical examinations. The Committee also notes the Government’s indication that, at the request of enterprises, the medical service of the State Insurance Fund can produce a special x-ray containing radiographic images and a medical report. The Committee once again requests the Government to provide information on the requirement of employers to keep records of the monitoring of the working environment and the workers exposed to asbestos, as well as the right of workers concerned, their representatives and the inspection services to access these records. It also once again requests the Government to provide information on the requirement to inform workers, in an adequate and appropriate manner, of the results of their medical examinations, as well as individual advice concerning their health in relation to their work.

Safety and Health in Mines Convention, 1995 (No. 176)

The Committee notes the Government’s first report.

Article 3 of the Convention. National policy. The Committee notes the Government’s indication in its report of the creation of the National Occupational Safety and Health Council (CONASSAT) to develop a National Occupational Safety and Health Policy (SST), which will include the mining sector. The Committee requests the Government to provide information on the development of the National Occupational Safety and Health Policy and, in particular, on the measures relating to safety and health in mines provided for in the policy. The Committee also requests the Government to provide information on the most representative employers’ and workers’ organizations consulted, and the outcome of those consultations.

Article 4. National legislation to ensure application of the Convention and other supplementary measures. The Committee notes Decree No. 1230/43 of 30 September 1946, the Regulations on Mining Police and Security, which, according to the information on the website of the Ministry of Industry, Energy and Mining, appear to remain in force. The Committee also notes that along with its report the Government has transmitted a draft decree on the Regulations on Mining Police and Security (2016), updating the regulations in force. The Committee also notes the Government’s information that no specific technical guidelines currently exist on occupational safety and health in mines. The Committee requests the Government to provide: (i) a list of the provisions in force relating to safety and health in mines; (ii) information on the current status of the draft Regulations on Mining Police and Security (2016); and (iii) information on other measures supplementing national legislation.

Article 5(2)(d). Compilation and publication of statistics. The Committee notes that section 12 of the Regulations on Mining Police and Security requires that the General Inspectorate draft a report on all noteworthy information of the service, recording data that is useful and necessary for the formulation of statistics. However, the Committee notes that there is no specific mention of the compilation and publication of statistics relating to accidents, dangerous occurrences and disasters, and that the Labour Inspectorate’s annual report does not include statistics from the mining sector either. The Committee requests the Government to provide information on the measures taken to ensure that the legislation includes provisions on the compilation and publication of statistics on accidents, occupational diseases and dangerous occurrences.

Article 5(3). Competent persons for the manufacture, storage, transport and use of explosives and initiating devices. The Committee notes that sections 69, 77 and 79 of the Regulations on Mining Police and Security provide for the storage, transport and use of hazardous substances to be carried out by competent persons. The Committee requests the Government to provide information on the measures taken to ensure that the manufacture of hazardous substances is also carried out by competent persons.

Article 6. Employer’s assessment and handling of the risk. The Committee notes that the Government refers to Decree No. 291/007, Regulations on the Occupational Safety and Health Convention, 1981 (No. 155). The Committee notes that, while under section 2 of this Decree employers are bound to guarantee the safety and health of all workers in all aspects related to work, the Decree does not refer to the employer’s obligation regarding assessing and dealing with risks. The Committee requests the Government to provide information on the measures taken to ensure that risks are assessed and dealt with by employers in the following priority order: (a) eliminate the risk; (b) control the risk at source; (c) minimize the risk; and (d) in so far as the risk remains, provide for the use of personal protective equipment.

Article 7(c). Stability of the ground. The Committee requests the Government to provide information on the measures taken or envisaged to guarantee that the employer ensures the stability of the ground in areas to which persons have access in the context of their work.

Article 7(i). Stoppage of work and evacuation. The Committee requests the Government to take measures to guarantee that employers ensure that when there is serious danger to the safety and health of workers, operations are stopped and workers are evacuated to a safe location.

Article 8. Specific emergency response plan. The Committee notes that sections 30 and 31 of the Regulations on Mining Police and Security set out various actions to carry out in cases of emergency. It also notes section 4 of Decree No. 127/014 which provides for the prevention unit attached to an enterprise to develop emergency and contingency plans and programmes in the event of a disaster within the enterprise. It also notes that the draft Regulations on Mining Police and Security require employers to, inter alia, formulate an evacuation procedure for mine personnel. The Committee requests the Government to take the necessary measures to ensure that employers are obliged to prepare an emergency response plan, specific to each mine, for reasonably foreseeable industrial and natural disasters, including through the adoption of the draft Regulations on Mining Police and Security.

Article 9(d). First aid, transportation and medical facilities. The Committee notes section 32 of the Regulations on Mining Police and Security which stipulates that operators are obliged to have the means to provide prompt assistance to the wounded, and staff trained in the use of life-saving equipment, which shall be periodically checked to ensure it is in good condition. The Committee requests the Government to provide information on the measures taken to guarantee workers who have suffered from an injury or illness, appropriate transportation from the workplace and access to appropriate medical facilities.

Article 10(a). Training programmes. The Committee notes that section 17 of the Regulations on Mining Police and Security provides that all Mines Directorates must adopt rules of procedure with instructions concerning safety and health. The Committee requests the Government to supply information on the measures taken to also provide for the employer’s obligation to ensure that workers are offered adequate training and retraining programmes, at no cost to them, in conformity with Article 10(a) of the Convention.

Article 10(b). Supervision and control. The Committee notes that section 26 of the Regulations on Mining Police and Security provides that where the presence of water is suspected that may flow into the work area, it must be investigated and the supervisor must report to the mine foreman before each replacement starts his shift. The Committee requests the Government to provide information on the measures taken to provide for the employer’s obligation to ensure that supervision and control are provided on each shift in all cases and not only when the presence of water is suspected.

Article 12. Activities of two or more employers at the same mine. The Committee notes the Government’s reference to Act No. 18.099 (on private activities; social security; occupational accident insurance and joint responsibility) and Act No. 18.251 (on labour outsourcing; joint responsibility). These Acts, however, do not cover the measures set forth in this Article. The Committee requests the Government to provide information on the measures taken to ensure that whenever two or more employers undertake activities at the same mine, the employer in charge of the mine shall coordinate the implementation of all measures concerning safety and health and shall hold the primary responsibility for the safety of the operations.

Article 13(1)(a), (b) and (e), and (2)(b), (c) and (f). Rights of workers and their representatives. The Committee notes the Government’s indication that the legislation gives effect to paragraphs (1) and (2) of Article 13, without providing more specific information. The Committee notes that Decree No. 291/014, and Decree No. 291/007 give effect to paragraph (1)(c), (d) and (f) and paragraph 2(a), (d) and (e). The Committee requests the Government to provide information on the legislative provisions that recognize the rights: (i) of workers: to report accidents, dangerous occurrences and hazards (paragraph (1)(a)); (ii) to request and obtain inspections and investigations (paragraph (1)(b)); (iii) of their representatives: to participate in inspections and investigations as well as monitor and investigate safety and health matters (paragraph (2)(b)); (iv) to have recourse to advisers and independent experts (paragraph (2)c)); and (v) to receive notice (paragraph (2)(f)). The Committee also requests the Government to refer to Articles 13 and 19(f) of its comment on the application of the Occupational Safety and Health Convention, 1981 (No. 155), and to also provide information concerning Article 13(1)(e) of this Convention.

Article 13(4). Discrimination or retaliation. The Committee notes that section 14 of Decree No. 291/007, referred to in the Government’s report, sets out that the occupational safety and health policy for the application of Convention No. 155 aims to protect workers and their representatives against any disciplinary measure resulting from actions justifiably undertaken by them, and that the national policy on occupational safety and health, which will include the mining sector, is being developed. The Committee requests the Government to provide information on the measures taken to ensure that workers and their representatives are protected against any form of discrimination and retaliation for exercising the rights provided in paragraphs (1) and (2) of this Article.

Article 14. Workers’ duties. The Committee notes that section 17 of the Regulations on Mining Police and Security stipulates that the order of safety procedures for each mine, and the obligations and responsibilities of staff in this respect are set out in the internal rules of procedure, which all staff are obliged to follow. Despite this rule, there is no reference to workers’ obligations with regard to their training, provided for under Article 14, namely: to take reasonable care for their own safety and health and that of other persons who may be affected by their acts or omissions at work, including the proper care and use of protective clothing, facilities and equipment placed at their disposal for this purpose (Article 14(b)); to report forthwith to their immediate supervisor any situation which they believe could present a risk to their safety or health or that of other persons, and which they cannot properly deal with themselves (Article 14(c)); and to cooperate with the employer to achieve compliance with the duties and responsibilities placed on the employer pursuant to the Convention (Article 14(d)). The Committee requests the Government to provide information on the measures taken to ensure compliance with these provisions.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the observations made by the Inter-Union Assembly of Workers–Workers’ National Convention (PIT–CNT) transmitted by the Government.

Articles 3 and 5 of the Convention. Measures for the prevention and control of, and protection of workers against, health hazards due to occupational exposure to asbestos. Effective enforcement. In its previous comment, the Committee noted with regret, that although Decree No. 154/002 of 2002 prohibits the manufacture, import and commercialization of asbestos, the Government had still not given full effect to most of the provisions of the Convention. In response to this comment, the Committee notes the Government’s reference in its report to Decree No. 125/014 of 2014 concerning safety and health in construction, which the Committee observes provides for preventive measures in that sector, but makes no specific reference to asbestos. The Committee also notes the observations made by the PIT–CNT that in practice, the application of Decree No. 154/002 is not sufficiently ensured through effective controls, for instance in the reparation or substitution of the insulation of roofs. The Committee once again requests the Government to adopt the necessary measures to give full effect to the Convention, as regards the issues raised in its direct request concerning Articles 20(2) and (3) and 21(3) and below concerning the issues raised under Articles 17, 19, and 22(2). It also requests the Government to provide information on the inspections undertaken to control the prohibition of asbestos, as well as measures taken to ensure the protection of all workers who may be exposed to asbestos in the course of work, including measures taken concerning workers engaged in roofing and insulation work.

Article 17. Demolition of plants and structures containing asbestos and removal of asbestos. The Committee notes that while Chapter VII of Decree No. 125/014 concerning safety and health in construction provides for safety and health requirements with regard to demolition work, it does not contain any provisions specifically referring to asbestos. The Committee requests the Government to take the necessary measures to ensure that the demolition of plants or structures containing friable asbestos insulation materials, and removal of asbestos from buildings or structures in which asbestos is liable to become airborne, are undertaken only by employers or contractors who are recognized by the competent authority as qualified to carry out such work. The Committee also requests the Government to ensure that employers or contractors shall be required to draw up a workplan before undertaking such specific demolition work, in consultation with workers or their representatives.

Article 19. Handling of asbestos waste. As the Government has once again not provided a reply on this point, the Committee requests the Government to take the necessary measures to ensure that employers shall dispose of waste containing asbestos in a manner that does not pose a health risk to the workers concerned, including those handling asbestos waste, or to the population in the vicinity of the enterprise. It also requests the Government to ensure that appropriate measures are taken by the competent authority and by employers to prevent pollution of the general environment by asbestos dust released from the workplace.

Article 22(2). Requirement for employers to establish written policies and procedures for the education and periodic training of workers on hazards due to asbestos. The Committee notes that Decree No. 125/014 concerning safety and health in construction provides, among other things, for the obligation of employers to train workers on the existing risks in workplaces in construction and on the necessary preventive measures, without making specific reference to asbestos. The Committee once again requests the Government to take the necessary measures to give full effect to Article 22(2) of the Convention by ensuring that employers have established written policies and procedures on measures for the education and periodic training of workers on asbestos hazards and methods of prevention and control.

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

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 3(2) of the Convention. Periodical revision of the legislation in the light of technical progress and advances in scientific knowledge. For several years, the Committee has been requesting the Government to adopt legislative measures that give full effect to the Convention as, although Decree No. 154/002 of 2 May 2002 prohibits asbestos in certain cases, it does not give full effect to most of the provisions of the Convention, which are indicated below. The Committee notes with regret the Government’s indications that legislation has still not been adopted to give full effect to the Convention. The Government indicates that the issue falls within the scope of the Tripartite Committee on the Construction Industry, and that while other matters have been addressed which needed to be updated, the issue of asbestos will be studied and very probably addressed strictly within this tripartite body in view of the danger that it poses to the health of workers. The Government adds that, as the issue of asbestos is to be addressed by the Tripartite Committee on the Construction Industry, all of the stakeholders in the construction industry will determine, by consensus, whether the provisions should be adopted. The Committee observes that, although Article 4 of the Convention provides that the competent authority shall consult the most representative employers’ and workers’ organizations concerned with regard to the measures to be adopted to give effect to the provisions of this Convention, the responsibility for adopting such measures rests with the Government. The Committee therefore requests the Government to adopt the necessary measures to give full effect to the Convention and to provide information on the subject.

Article 6(2). Cooperation between employers undertaking activities simultaneously at one workplace. With reference to its previous comments, the Committee once again requests the Government to take the necessary measures to establish the requirement for employers to cooperate in the application of the prescribed measures when undertaking activities simultaneously at one workplace, and the establishment by the Government of the general procedures for such cooperation, and to provide information on this subject.

Article 11. Prohibition of crocidolite. Article 12. Prohibition of the spraying of all forms of asbestos. The Committee notes the information provided by the Government. It notes, however, that the Government does not indicate which provisions specifically prohibit crocidolite and the spraying of all forms of asbestos in conformity with the Convention. The Committee once again requests the Government to adopt the necessary measures to give legislative expression to this Article of the Convention, and to provide information on this subject.

Article 13. Requirement for employers to notify the competent authority of the types of work involving exposure to asbestos. Article 17. Demolition of plants and structures containing asbestos. Article 19. Handling of asbestos waste. Article 20(2) and (3). Keeping of records of the monitoring of the working environment. Article 21(3). Adequate information to workers on the results of their medical examinations. Article 22(2). Requirement for employers to establish written policies and procedures for the education and periodic training of workers on hazards due to asbestos. The Committee notes that the Government has not provided the information requested. The Committee therefore urges the Government to take the necessary measures to give effect to these provisions of the Convention, and to provide information on this subject.

[The Government is asked to reply in detail to the present comments in 2016.]

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

Article 2 of the Convention. Definitions. Article 10(a) and (b). Prohibition and replacement of asbestos. Article 15(1) and (2). Establishment of exposure limits for workers. Article 21(2). Free medical examinations for workers. The Committee notes the information provided by the Government indicating that effect is given to these Articles of the Convention.

Article 3(2). Periodical revision of the legislation in the light of technical progress and advances in scientific knowledge. With reference to its previous comments, the Committee notes that the Tripartite Commission for the Construction Industry is at a very advanced stage of reviewing the specific standard for the prevention of risks in the sector, which will include the specific health risks inherent in the activities undertaken in the industry and which up to now has only taken into account noise and vibrations. The Committee requests the Government to take the necessary steps to ensure that the Tripartite Commission referred to above, when reviewing the standard, takes into account the provisions of this Convention and the comments made by the Committee of Experts when examining its application, and to provide information on this subject.

Article 6(2). Cooperation between employers undertaking activities simultaneously at one workplace. The Committee notes the Government’s indication that Act No. 18.098 gives legislative effect to this Article of the Convention. However, the Committee notes that the Act refers to contracts concluded by the administration and other public entities, while this Article establishes the requirement for cooperation without distinction as to the type of enterprise. The Committee requests the Government to take into account for this purpose the comments that it is making this year on the application of Article 17 of the Occupational Safety and Health Convention, 1981 (No. 155), in which it indicates that that Article goes beyond subsidiary responsibility activated by request or in the event of violations, and requires a proactive approach by enterprises through the establishment of the requirement for them to cooperate in the application of the measures envisaged in the Convention. The Committee requests the Government to give full effect to this Convention in law and in practice and to provide information in this respect. Additionally, the Committee requests the Government to provide information on examples of collaboration in practice between enterprises undertaking activities simultaneously at the same workplace in relation to the activities covered by the present Convention.

Article 11. Prohibition of crocidolite. Article 12. Prohibition of spraying of all forms of asbestos. The Committee notes the information provided by the Government. However, the Convention requires the explicit prohibition of crocidolite and of the spraying of all forms of asbestos. The Committee requests the Government to take the necessary measures to give legislative effect to this Article of the Convention and to provide information on this subject.

Article 21(4). Alternative employment and means of maintaining the income of workers when continued assignment to work involving exposure to asbestos is found to be medically inadvisable. The Committee requests the Government to continue providing information on the manner in which alternative employment or other measures, such as social benefits, are ensured to maintain the income of workers when their assignment or maintenance in work involving exposure to asbestos is found to be medically inadvisable. In particular, please provide practical information on the manner in which the maintenance of earnings is guaranteed, including social benefits.

Article 13. Employers’ obligation to notify the competent authority of the types of work involving exposure to asbestos. Article 17. Demolition of plants and structures containing asbestos. Article 19. Handling of asbestos waste. Article 20(2) and (3). Keeping of records of the monitoring of the working environment. Article 21(3). Adequate information to workers on the results of their medical examinations. Article 22(2). Employers’ obligation to establish written policies and procedures for the education and periodic training of workers on asbestos hazards. With reference to its previous comments, the Committee notes that the Government makes a general reference to Decree No. 307/009. The Committee draws the Government’s attention to the fact that for several years the Committee has been requesting it to provide detailed information on the effect given to these Articles and that the Government has not replied in its report to the Committee’s request. The Committee urges the Government to indicate the relevant sections of the legislation in each case and/or the measures through which it is ensured that effect is given to each of these Articles of the Convention. Please also provide information on the application of these Articles in practice.

Part V of the report form. Article 5. Application in practice. Labour inspection services. The Committee notes that the Government has not provided the information requested and once again asks the Government to provide information on the application of the Convention in practice, including the activities of the labour inspection services in this respect in the construction sector and the effect given to Articles 17 (demolition) and 19 (handling of asbestos waste).

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

Legislation. The Committee notes with interest Decree No. 154/002 of 2 May 2002 concerning the prohibition of the use of asbestos, the preamble of which refers explicitly to the Asbestos Convention, 1986 (No. 162), and the Asbestos Recommendation, 1986 (No. 172).

Article 2 of the Convention. Definitions. With reference to its previous comments, the Committee notes the Government’s indication that although there is currently no specific national legislation which defines the terms referred to in this Article, these terms are applied pursuant to Act No. 16.643 of 8 December 1994, which ratified the present Convention. The Committee requests the Government to take all relevant measures, in law and in practice, to give effect to this Article of the Convention.

Article 3, paragraph 2. Periodical revision of the legislation in the light of technical and scientific progress. The Committee notes the Government’s indication that Decree No. 291/007 of 13 August 2007, which gives effect to the Occupational Safety and Health Convention, 1981 (No. 155), establishes participatory bodies at the enterprise level and establishes at national level the tripartite sectoral committees and the National Council for Occupational Safety and Health as the supervisory body for risk prevention and the promotion of occupational health and wellbeing. The Government states that section 12 of the Decree gives the tripartite sectoral committee competence to undertake a periodic evaluation of national policy and, under section 15(b), the tripartite sectoral committee must inform the general labour and social security inspectorate of substances and agents in respect of which exposure at work must be prohibited or specially limited and, under section 15(f), new risks arising from technological innovation must be evaluated. The Committee requests the Government to supply information on the measures taken by the participatory bodies referred to in relation to this Article of the Convention.

Article 6, paragraph 2. Cooperation between employers undertaking activities simultaneously at one workplace. The Committee notes that no specific regulation has been adopted on this matter and that the general provisions of Decree No. 406/88 and Decree No. 291/007 apply. However, the Committee notes that these Decrees do not regulate this matter. The Committee requests the Government to take appropriate measures to give full legislative expression to this provision of the Convention and to supply information in this respect.

Article 10, subparagraphs (a) and (b). Prohibition and replacement of asbestos. The Committee notes that section 1 of Decree No. 154/002 states that the manufacture, introduction in whatever form onto national territory and marketing of products containing asbestos covered by heading 6811 and item 6812.50.00.00 of the NCM shall be prohibited. Section 2 states that for the manufacture, introduction in whatever form onto national territory and marketing of asbestos or products containing asbestos, where these are not covered by section 1, permission must be obtained from the Ministry of Public Health, which shall have the competence to issue permission subject to a ruling from the Honorary Committee on Insalubrious Work. The Committee also notes that, in order to obtain authorization for bringing such products into the country, the manufacturer, transporter or trader must submit technical reports describing the characteristics of the products or elements concerned (section 3), and, should permission be granted, the Ministry of Public Health shall specify the quantities, classes, length of permit and other conditions relating to introduction into the country, manufacture or marketing of the products concerned (section 5). Furthermore, the Committee notes that, according to the report, on the basis of this Decree many enterprises which were using asbestos in their work replaced it in the relevant processes, and retained it in cases which were authorized according to the terms of section 1 of Decree No. 154/002. With reference to section 1 of this Decree, the Committee requests the Government to indicate which type of asbestos is prohibited, since this section gives only indirect specifications (products containing asbestos covered by heading 6811 and item 6812.50.00.00 of the NCM).

Article 15, paragraphs 1 and 2. Establishment of exposure limits for workers. The Committee notes the Government’s statement that, to date, no provision has been adopted in this area. However, it notes that Ordinance No. 145/009 of the Ministry of Public Health establishes the basic framework relating to the various physical and chemical risk factors, respective controls and analyses, and that the basic framework takes account of biological indicators relating to dose, effect and exposure. It also notes that the reference values will be updated annually by the Directorate-General of Health in line with the latest data published by the American Conference of Governmental Industrial Hygienists (ACGIH). The Committee requests the Government to supply information on the exposure limits for asbestos laid down by the Ministry of Public Health pursuant to this Ordinance.

Article 11. Prohibition of crocidolite. Article 12. Prohibition of spraying of all forms of asbestos. Article 20, paragraphs 2 and 3. Keeping of records containing the results of the monitoring of the working environment. The Committee notes the Government’s statement that no regulations have yet been adopted on these matters. The Committee requests the Government to supply detailed information on the measures taken to give effect to these Articles in law and in practice.

Article 13. Employers’ obligation to notify to the competent authority the types of work involving asbestos. Article 17. Demolition of plants and structures containing asbestos. Article 19. Handling of asbestos waste. Article 21, paragraph 2. Free medical examinations for workers. Article 21, paragraph 3. Adequate information to workers on the results of their medical examinations. Article 22, paragraph 2. Employers’ obligation to establish written policies and procedures for the education and periodic training of workers related to asbestos hazards. The Committee notes that the Government has still not supplied any information on these matters. The Committee requests the Government to supply detailed information on the measures taken to give effect to these Articles in law and in practice.

Part V of the report form. Application in practice. The Committee notes the Government’s statement that the State Insurance Bank does not have any summaries of inspection reports relating to this risk or statistics on the workers covered or on occupational diseases. The Committee requests the Government to supply information on the application of the Convention in practice, including reports from the labour inspectorate, the Ministry of Health or the tripartite sectoral committees, to enable it to have a better understanding of the manner in which the Convention is applied in practice. The Committee also requests the Government to provide a general description of the manner in which the Convention is applied, including, if possible, in relation to the construction sector.

[The Government is asked to reply in detail to the present comments in 2011.]

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

The Committee notes the information provided by the Government in its first and subsequent reports. It would like to draw the Government’s attention to the following points.

1. Article 2 of the Convention. Definitions. The Government indicates that despite the absence of specific legislation on asbestos, the terms are applicable in the internal law of Uruguay as a result of the ratification of the Convention. Subparagraphs of this Article of the Convention do not have a counterpart and the Committee notes this information. It nevertheless requests the Government to take the necessary measures to ensure that the abovementioned terms are defined in national law.

2. Article 3, paragraph 2. Periodical revision of the legislation in the light of technical and scientific advances. The Committee notes that neither the Government indicates in its reports, nor the legislation provides for, periodical review mechanisms of the legislation in the light of technical progress and scientific advances. Hence, the Committee invites the Government to proceed to the establishment of such review mechanisms. In this respect, it ventures to draw the Government’s attention to Paragraph 5 of the Asbestos Recommendation, 1986, (No. 172), which indicates that the information contained in the ILO code of practice on safety in the use of asbestos should be used as guidance in reviewing national laws and regulations in force, as well as other information from competent bodies on asbestos and substitute materials.

3. Article 6, paragraph 2. Cooperation between employers undertaking activities simultaneously at one workplace. The Committee notes the Government’s indication that due to the fact that no specific regulation on asbestos has been adopted yet, the general provisions found in Decree No. 406/88 are applicable. However, the latter does not contain any provision addressing the cooperation requirement between employers undertaking activities simultaneously at one workplace. The Committee thus invites the Government to take the legal initiative to incorporate a provision on this issue into the national legislation.

4. Article 11. Prohibition of crocidolite. The Committee notes the Government’s indication that there is no provision in the legislation providing for the prohibition of crocidolite. The Committee consequently invites the Government to proceed to the elaboration and adoption of a regulatory text prohibiting the use of crocidolite and products containing this fibre. In this context, the Committee wishes to make the Government aware of the fact that this text could also include the possibility to grant derogations from the prohibition, after consultation with the organizations of employers and workers concerned, in the case that the replacement is not reasonably practicable (Article 11, paragraph 2).

5. Article 12. Prohibition of spraying of all forms of asbestos. The Government indicates that no regulatory text provides for the prohibition of the spraying of all forms of asbestos. The Committee therefore invites the Government to take the necessary legislative measures to proceed to the elaboration and adoption of a regulatory text on this issue. In this context, the Committee wishes to acquaint the Government with the possibility that this text could also include the possibility to grant derogations from the prohibition, after consultation with the organizations of employers and workers concerned, in the case that alternative methods are not reasonably practicable, provided that steps are taken to ensure that the health of workers is not placed at risk (Article 12, paragraph 2).

6. Article 15, paragraphs 1 and 2. Establishment of exposure limits for workers. The Committee notes article 1 of Title IV - special preventive measures with regard to chemical, physical, biological and ergonomic risks - of Decree No. 406/88, concerning the update of regulatory provisions concerning safety, hygiene and occupational health in order to align them to the new conditions in the world of work, 1988, providing for measures to reduce the level of contamination caused by chemical, physical and biological substances and to prevent the generation of the contaminants. However, there seems to be no provision establishing exposure limits for workers. The Committee requests the Government to take the necessary legislative measures to introduce such a provision into the legislation. In this regard, the Committee draws the Government’s attention to the fact that these exposure limits, once fixed, must be periodically reviewed and updated in the light of technical progress and advances in technological and scientific knowledge.

7. Article 20, paragraphs 2 and 3. Keeping of records containing the results of the monitoring of the working environment. The Committee notes article 9 of Chapter II, chemical risks of Decree No. 406/88, concerning the update of regulatory provisions concerning safety, hygiene and occupational health in order to align them to the new conditions in the world of work, 1988, providing for the monitoring of the working environment. However, the latter does not contain a provision specifying whether records on the results of the monitoring have to be kept, and, if so, the period of time during which these records have to be kept. The Committee therefore requests the Government to take the necessary legislative measures to proceed to the elaboration and adoption of a regulatory text on this matter, which also should include a further provision providing for the right of the workers concerned, their representatives and the inspection services to have access to these records.

8. Furthermore, the Committee draws the Government’s attention to the need to adopt measures on the following: cooperation between employers and workers or their representatives at the level of the undertaking (Article 8); the employer’s obligation to notify to the competent authority the types of work involving asbestos (Article 13); the demolition of plants and structures containing asbestos (Article 17); the handling of asbestos waste (Article 19); the right of the workers to request the monitoring of the working environment and to appeal to the competent authority concerning the results of the monitoring (Article 20, paragraph 4); a medical examination free of charge to workers (Article 21, paragraph 2); adequate information to workers on the results of their medical examination (Article 21, paragraph 3); the provision or other means of maintaining the income for workers for whom assignment to work involving exposure to asbestos is found to be inadvisable for medical reasons (Article 21, paragraph 4); notification system of occupational diseases caused by asbestos (Article 21, paragraph 5); information and education arrangement by the competent authority (Article 22, paragraph 1); and the employer’s obligation to establish written policies and procedures for the education and periodic training of workers related to asbestos hazards (Article 22, paragraph 2).