Demande directe (CEACR) - adoptée 1993, publiée 80ème session CIT (1993)

Convention (n° 161) sur les services de santé au travail, 1985 - Uruguay (Ratification: 1988)

I. The Committee notes the indication in the Government's latest report that a draft decree will soon be approved by the Executive Power which provides for the creation of a tripartite Coordination Group on Occupational Safety and Workplace Environment Conditions. The Coordination Group to be established would have the task, inter alia, of analysing the national occupational safety and health policy and proposing amendments, as well as elaborating national plans of action and programmes with respect to occupational safety and health and studying the viability of establishing one competent body in occupational safety and health matters. The Government is requested to provide information in its next report on the progress made in establishing the Coordination Group and on any steps taken by the Group with respect to the application of the provisions of the Convention.

II. In its previous comments, the Committee noted the Government's statement in its first report that every effort was made to adopt measures to apply the Convention, but that a draft Decree in the matter met opposition from the employers' organizations due to certain provisions concerning the establishment of joint commissions in undertakings. The Government also indicated that the draft Decree was being revised. Since the Government's latest report has not referred to this draft Decree, the Committee would once again request the Government to provide information, in its next report, on the progress of the revision.

The Committee hopes that the legislation necessary for the application of the Convention will be adopted in the near future and that it will provide for the formulation and periodical review of a national policy on occupational health services (Article 2) and that it will give effect to the following Articles of the Convention.

Article 3, paragraph 1, of the Convention. In accordance with the Convention, occupational health services have to cover all workers, including those in the public sector, in all branches of economic activity and in all undertakings. If occupational health services cannot be immediately established for all undertakings, plans for the establishment of such services have to be drawn up in consultation with the occupational organizations. The Committee requests the Government to indicate the plans under which, in accordance with the Convention, it intends to progressively establish occupational services for all undertakings.

Furthermore, the Committee understands that the envisaged scope of the draft text on occupational health services referred to in the Government's first report is confined to the private sector and that its extension is envisaged, where appropriate, to rural undertakings. The Committee requests the Government to indicate the plans under which the application of the planned legislation could be extended to all workers, including those in the public sector, in all branches of economic activity, as provided for by the Convention.

Article 5. The Committee requests the Government to indicate the manner in which the participation of workers in matters of occupational health and safety, as set out in the Convention, is ensured. Furthermore, it requests the Government to supply information on the authorities which have been assigned advisory functions on the planning and organization of work and the development of programmes for the improvement of working practices (Article 5(c) and (d)).

Article 8. The Committee requests the Government to indicate how the cooperation and participation of employers and workers is secured, in the present situation, in the implementation of the organization of occupational health services, as set out in the Convention, particularly within the framework of the prevention activities of the Occupational Health Department.

Article 9. In its previous comments, the Committee noted the information supplied by the Government that prevention functions were exercised by the Occupational Health Department, in coordination with the environmental safety directorate, prevention clinics and the medical documentation department. The Government is requested to indicate the measures taken or envisaged to ensure that occupational health services are of a multidisciplinary nature, in accordance with paragraph 1 of this Article.

Article 12. The Committee requests the Government to indicate the measures taken or envisaged to guarantee that the surveillance of workers' health involves no loss of earnings for them, that it is free of charge and that it takes place during working hours, as set out in this provision.

Article 13. The Committee requests the Government to indicate the manner in which all workers are informed of the health hazards involved in their work, in accordance with this Article of the Convention.

Article 14. The Government is requested to indicate the measures taken or envisaged to ensure that occupational health services are informed of any factors which may affect the workers' health.

Article 15. The Committee understands that the draft Decree, referred to in the Government's first report, envisages that occupational health services shall be informed of occurrences of ill-health and absence from work. The Government is requested to indicate the measures taken or envisaged to ensure that personnel providing occupational health services cannot be required by the employer to verify the reasons for absence from work that has come to their notice.