Solicitud directa (CEACR) - Adopción: 2006, Publicación: 96ª reunión CIT (2007)

Convenio sobre el examen médico de los menores (industria), 1946 (núm. 77) - Cuba (Ratificación : 1954)

Article 2(1) of the Convention. Medical examination. Referring to its previous comments in which it noted that national legislation did not appear to make provision for compulsory medical examination of young persons up to the age of 18 years, the Committee notes with interest that, under section 15, paragraph 2, of resolution No. 8/2005 issuing General regulations on labour relations of 1 March 2005 (hereafter, General regulations on labour relations), the labour administration is required to subject to a medical examination and granting of a health certificate to a young person under the age of 18 years before admission to work.

Article 2(2). Medical certificate. In its previous comments, the Committee noted that national legislation seems to contain no provisions requiring the medical examination to be certified either by a medical certificate or by an endorsement on the work permit or in the workbook. The Committee therefore requested the Government to supply information on this matter. The Committee notes with interest that section 15, paragraph 2, of the General regulations on labour relations provides that the results of the medical examination shall be certified by a medical certificate.

Article 2(3). List of jobs involving health risks. The Committee noted that section 96 of the General Regulations of the Protection and Health at Work Act lays down that, for the purpose of medical examinations prior to admission to work, the Ministry of Public Health, after consultation with the State Committee for Labour and Social Security and the Cuban Workers’ Confederation, shall establish a list of occupations which, by their nature, require the workers who are to perform them to undergo such examinations. The Committee requested the Government to indicate whether, in conformity with this section of the Regulations, the list of occupations in question has been adopted. The Committee notes the Government’s indication to the effect that section 16, paragraph 1, of the General regulations on labour relations provides that administrations, taking into account the nature and conditions of performance, shall assess jobs to determine possible risks which could place in danger the safety, health and morality of young persons less than 18 years old. According to paragraph 2 of section 16, the list of occupations subject to risk is laid down as an annex to the Collective Labour Agreement. The Committee takes note of this information.

Article 2(4). Authority competent to draw up a health certificate and conditions of issue. In its previous comments, the Committee noted that there appeared to be no provision in national legislation indicating the authority competent to draw up the certificate for fitness for employment and specifying the conditions for drawing up and issuing the document. The Committee requested the Government to supply information on this matter. The Committee notes that, pursuant to section 15, paragraph 1, of the General regulations on labour relations, the labour administration is required, before allowing a young person under 18 years of age to begin work, to ensure that a medical examination has been conducted and a medical certificate obtained. The Committee also notes that section 48, paragraph 1, of Act No. 41-83 on public health, 1983, provides that the Ministry of Public Health shall lay down the conditions required and formalities for issuing documents of entitlement to the benefits provided by the social security system. The Committee notes that the information supplied by the Government does not make it possible to determine whether national legislation lays down the conditions for drawing up and issue of the document certifying fitness for employment. It therefore requests the Government to indicate whether the Ministry of Public Health has laid down the conditions required and formalities for issue of such documents.

Article 3(1). Annual medical examination during employment until the age of 18 years. The Committee noted that national legislation does not appear to contain any provisions indicating that the fitness of children and young persons for the employment they perform must be subject to medical supervision until they have attained the age of 18 years. The Committee requested the Government to indicate the national standard that applies this provision of the Convention. The Committee notes the Government’s indication that the Act on Protection and Health at Work and its implementing regulations include compulsory provisions concerning medical care of workers. Under section 95 of the General Regulation on the Act on Protection and Health at Work, pre-employment and periodical examinations are required for all workers. The Committee takes notes of this information.

Article 3(2). Annual repetition of medical examination. In its previous comments, the Committee noted that, although section 99 of the General Regulations of the Protection and Health at Work Act establishes that periodic examinations shall be carried out, it does not lay down that these examinations must be conducted at intervals of not more than one year. The Committee requested the Government to adopt the necessary measures to enforce the provisions of this Article of the Convention. The Committee notes the Government’s indication that the obligation to verify if the worker is fit for the job he occupies is provided by the Protection and Health at Work Act and its implementing regulations. The Committee also notes the Government’s indication that the legislation on safety and health at work pays particular attention to children under the age of 18 years. The Committee notes again that section 99 of the General Regulations of the Protection and Health at Work Act, although it specifies a periodic medical examination, does not lay down that the examination must be carried out at intervals of not more than one year, as provided by the Convention. The Committee once again requests the Government to supply information on the measures taken or envisaged to provide for the repetition of the medical examination at intervals of not more than one year.

Article 4(1) and (2). Medical examination of fitness for employment and repetition until at least the age of 21 years. The Committee requested the Government to supply information on the provisions in national legislation laying down that, for high-risk work, the medical examination for fitness for employment and its periodical repetitions must be required until the age of at least 21 years. The Committee notes the information supplied by the Government that legislation on safety and health at work applies to children under the age of 18 years. In addition, it notes the Government’s indication that, pursuant to legislation on safety and health at work, all workers, whatever their age, are required to pass a pre-employment medical examination and a periodical medical examination. The Committee therefore concludes that the provisions of the General Regulations of the Protection and Health at Work Act which provides for passing of a pre-employment examination and a periodical examination (sections 95 and 99) applies to all workers whatever their age.

Article 5. Medical examinations free of charge. Referring to its previous comments, the Committee notes with interest the Government’s indication to the effect that both the Constitution and Act No. 41-83 on public health provide that the health system is free of charge.

Article 6. Vocational guidance and physical and vocational rehabilitation of children and young persons found unsuited for work. In its previous comments, the Committee noted that national legislation contains no provisions giving effect to this Article of the Convention and requested the Government to take the necessary measures to this effect. The Committee notes the Government’s indication that sections 39 and 40 of Act No. 41-83 on public health provide certain formalities in the event of unfitness of a person requiring rehabilitation. It also notes resolution No. 22/2004 issuing regulations on labour relations of persons having physical or mental handicaps which contains rules governing the employment of persons suffering from handicaps.

Article 7(1) and (2). Availability to labour inspectors of the medical certificate. The Committee requested the Government to adopt the necessary measures to apply this Article of the Convention. The Committee notes the Government’s indication that all personal data of workers, including medical reports, are kept in the worker’s work file and made available to labour inspectors. These documents are kept and updated by the appropriate units in the human resources services of all work units in the country.

Part V of the report form. Practical application of the Convention. Noting that the Government has supplied no information, the Committee asks it once again to supply information on the number of young persons who work and have undergone the medical examinations provided in the Convention, together with information on the activities of the inspectorate, including the number and nature of any infringements reported and penalties imposed.