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

Argentina

Occupational Safety and Health Convention, 1981 (No. 155) (Ratification: 2014)
Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) (Ratification: 2014)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health, the Committee considers it appropriate to examine Conventions Nos 155 (occupational safety and health) and 187 (promotional framework for occupational safety and health) together. The Committee notes the Government’s first reports on both Conventions.

The Committee notes the observations of the General Confederation of Labour of the Argentine Republic (CGT–RA), and the Confederation of Workers of Argentina (CTA Autonomous), received in 2016, and also the Government’s reply, received in 2017.

I. Action at the national level

Article 2(3) of Convention No. 187. The Committee notes the proposed establishment of a committee to address issues arising in the ILO supervisory system. The Committee requests the Government to provide information relating to the obligation to periodically consider the measures that could be taken to ratify relevant occupational safety and health Conventions of the ILO, and on the results of consultations held with the most representative organizations of employers and workers including within the context of the proposed committee.

National policy

Article 4 of Convention No. 155. Implementation and periodic review of national policy on occupational safety and health. The Committee notes that the national policy on occupational safety and health (OSH) was officially approved by the Standing Advisory Committee on the Occupational Risk Prevention Bill (LRT Advisory Committee) on 21 November 2012. It also notes that it will be implemented and periodically reviewed in consultation with the representative workers’ and employers’ organizations and with competent institutions in this field. The Committee requests the Government to provide information on the periodic review of national policy, in consultation with the most representative workers’ and employers’ organizations concerned.

Article 8 of Convention No. 155 and Article 4(3)(a) of Convention No. 187. Consultation with representative organizations. The Committee notes that the LRT Advisory Committee is the tripartite advisory body on OSH issues. Section 40 of the Occupational Risk Prevention Bill stipulates that the LRT Advisory Committee shall comprise four CGT–RA representatives for the workers and four representatives for the employers from their organizations, two of whom shall be designated by the small and medium-sized enterprise (SME) sector. The Committee notes that the national policy for 2012 and the action plan of OSH Strategy II have been signed by representatives of the General Confederation of Labour (CGT) and the Confederation of Workers of Argentina (CTA). The Committee requests the Government to provide additional information on consultations with representative employers’ and workers’ organizations which do not form part of the LRT Advisory Committee.

Article 7 of Convention No. 155. Overall review or reviews of particular areas. The Committee notes the Government’s indication that: (a) the first “national survey of workers regarding employment, work, working conditions and the working environment in Argentina” was carried out in 2009; (b) it is planned to carry out a second survey; and (c) the results of the survey conducted in agriculture are being processed. The Committee requests the Government to continue its efforts to carry out the second national survey and to provide information on the results of the survey conducted in agriculture.

National system

Article 4(1) of Convention No. 187. National system. The Committee welcomes the approval of the draft Occupational Risk Prevention Bill by the LRT Advisory Committee in March 2018 and its transmission to the ILO for technical comments. The Committee requests the Government to continue to provide information on the adoption of the Occupational Risk Prevention Bill.

Article 9 of Convention No. 155 and Article 4(2)(c) of Convention No. 187. Adequate and appropriate inspection system. The Committee notes the structure and operation at the federal and provincial levels of the inspection system (Act No. 25.877 of 2004 establishing the integrated labour and social security inspection system (SIDITYSS)). The system comprises the National Labour and Social Security Administrative Authority, the provincial authorities and the Autonomous City of Buenos Aires. The Committee notes that the CGT–RA regrets the fact that the provincial authorities do not have sufficient human and financial resources. The Government indicates that the Occupational Risk Supervisory Authority (SRT) helps to reinforce the inspection capacity of the local labour administrations through cooperation agreements between them and the SRT. Considering that Argentina has ratified the Labour Inspection Convention, 1947 (No. 81), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129), the Committee refers, as concerns Article 9 of Convention No. 155 and Article 4(2) of Convention No. 187, to the detailed comments that it adopted in 2016 on the application of Convention No. 81 and Convention No. 129 specifically with respect to the following Articles: Articles 3(1)(a), 16, 18 and 24 of Convention No. 81 and Article 6(1)(a), 21 and 24 of Convention No. 129 (supervisory function of labour inspectors, frequency and scope of labour inspections, and penalties); Articles 3(1)(a), 4, 10 and 11 of Convention No. 81, and Article 6(1)(a), 7(1), 14 and 15 of Convention No. 129 (supervision and control of the labour inspection services by a central authority and number of inspection staff); Article 9 of Convention No. 81 and Article 11 of Convention No. 129 (collaboration with technical experts and specialists); and Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129 (annual labour inspection report), as well as Articles 6(1)(a), 14 and 19 of Convention No. 129 (function of labour inspection, number of inspectors, notification of occupational accidents and diseases), and Articles 17 and 19 of Convention No. 129 (preventive control and notification of occupational accidents and cases of occupational disease).

Article 12 of Convention No. 155. Obligations of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee notes that section 6 of the draft Occupational Risk Prevention Bill establishes the obligations provided for in Article 12 of the Convention. The Committee requests the Government to continue its efforts to give effect to Article 12 of the Convention, including through the adoption of the Occupational Risk Prevention Bill.

Articles 13 and 19(f) of Convention No. 155. Imminent and serious danger. Protection of the worker from undue consequences. The Committee notes the Government’s indication that Article 13 is directly operational in the country through Act No. 26.693 of 2011 giving effect to Convention No. 155 and its Protocol of 2002. Moreover, section 31.3(c) of Act No. 24.557/1995 establishes the obligation of workers to report to the employer situations in which they are aware that occupational risks are involved. Moreover, section 8(d) of the draft Occupational Risk Prevention Bill establishes the right of workers to remove themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to life or health, with the obligation to notify their supervisor immediately wherever possible. The Committee requests the Government to continue its efforts to give effect to Articles 13 and 19(f) of the Convention, including through the adoption of the Occupational Risk Prevention Bill.

Article 14 of Convention No. 155. Promotion of OSH issues in education and training. The Committee notes the Government’s indication that it will propose to the Federal Council for Culture and Education that it agree to the incorporation of content on OSH and the working environment at the various levels of education and training. In addition, section 6 of the draft Occupational Risk Prevention Bill provides for the incorporation of OSH issues at all levels of education and training. The Committee requests the Government to continue to provide information on the adoption of the aforementioned measures.

II. Action at the level of the undertaking

Article 17 of Convention No. 155. Duty of collaboration between two or more undertakings engaging in activities simultaneously at one workplace. The Committee notes that section 3 of Decree-Law No. 19.587 concerning occupational safety and health establishes the joint and several liability of the main employer regarding compliance with OSH provisions when the work is carried out by third parties in establishments or workplaces of the main employer or with machinery, plant or equipment supplied by the latter. However, the CGT–RA indicates that there is insufficient coordination of safety programmes when several enterprises are operating simultaneously, whose activities involve different risks and different degrees of responsibility. The Committee notes that the duty of collaboration of two or more undertakings engaging in activities simultaneously at one workplace is established in section 10(g) of the draft Occupational Risk Prevention Bill. The Committee requests the Government to continue its efforts to give effect to Article 17 of the Convention, including through the adoption of the Occupational Risk Prevention Bill, and to provide information in this respect.

Article 19(b), (c), (d) and (e) and Article 20 of Convention No. 155 and Article 4(2)(d) of Convention No. 187. Arrangements to be adopted at the level of the undertaking regarding cooperation between employers and workers and their representatives. The Committee notes the Government’s indication that various sectoral and provincial regulations establish specific measures regarding information and training for workers and their representatives and mechanisms for cooperation between them and the employers, such as the setting up of joint OSH committees and the appointment of OSH delegates. Moreover, Decision No. 3528/15 SRT provides that employers in the self-insurance scheme must set up a joint OSH committee made up of representatives of the employer and of the workers. However, these provisions are not generally applicable in that they only cover specific sectors and provinces, and only employers in the self-insurance scheme. The Committee requests the Government to provide information on the measures taken or contemplated to ensure training and information for workers’ representatives and to promote cooperation in general between workers, their representatives and the employers in cases not covered by the existing legislation, including through consultation between them, to examine all aspects of OSH.

Article 21 of Convention No. 155. Cost of OSH measures. The Committee notes that section 10(e) of the draft Occupational Risk Prevention Bill establishes the obligation for the employer to provide appropriate personal protective equipment and clothing according to the specific risk concerned, without any cost to the worker. The Committee requests the Government to continue its efforts to give effect to Article 21 of the Convention, including through the adoption of the Occupational Risk Prevention Bill.

Protocol to Convention No. 155

Article 3(d) of the Protocol. Confidentiality of personal data. The Committee notes that Decision No. 525/2015 SRT obliges occupational risk insurers to preserve the confidentiality of data. However, the Government does not provide any information on the obligation for employers to respect confidentiality. The Committee requests the Government to provide information on the measures taken or envisaged to ensure the confidentiality of personal and medical data in the employer’s possession.

Article 4(a) of the Protocol. Information for workers and their representatives concerning notified cases. The Committee notes that section 31 of the Occupational Risk Prevention Bill establishes the obligation for employers to notify the occupational risk insurers and the SRT of occupational accidents and diseases. Moreover, Appendix I to Decision No. 525/2015 establishes the administrative procedure for reporting occupational accidents and diseases in the terms prescribed by Article 4 of the Protocol. However, these provisions do not establish the responsibility for employers to provide appropriate information for workers or their representatives concerning notified cases. The Committee requests the Government to provide information on the measures taken or contemplated in this respect.