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

Occupational Cancer Convention, 1974 (No. 139) - Nicaragua (Ratification: 1981)

Legislation. The Committee notes with interest that Act No. 618 (General Occupational Safety and Health Act), published in Official Journal No. 133 of 13 July 2007, and Ministerial Accord VCG-AM-0020-10-06, which lists hazardous types of work, contains substantive provisions to give a qualitative boost to occupational safety and health policy in Nicaragua and to the application of the present Convention. It notes in particular that section 18 of the Act places the obligation on the employer to adopt preventive measures to ensure the safety and health of workers, including: (1) avoiding risks; (2) assessing risks which cannot be avoided; (3) preventing risks at source; (4) adapting the work to the person concerned; (5) replacing hazardous tasks with those involving little or no danger; (6) adopting measures which ensure collective and individual protection; and (7) duly informing workers. Section 18 also provides for the carrying out of an initial diagnosis with a view to compiling a chart of the specific labour risks of the enterprise and its corresponding plan for prevention and for the promotion of healthy work and provides that the competent authority shall be informed with regard to the activities of the enterprise, including those relating to inflammable, toxic or hazardous materials and products. The Committee also notes that, under section 129 of the abovementioned Act, the Ministry of Labour shall establish, in respect of chemical substances present in various workplaces, limit values for workers to exposure, in line with international criteria and national investigations in this area, and authorizes the Directorate-General of Occupational Safety and Health to take the threshold limit values (TLVs) of the American Conference of Governmental Industrial Hygienists (ACGIH) as the benchmark for its inspections.

However, the Committee notes that the Government has not sent any reply to the questions raised in its previous direct request. Bearing in mind that this new legislation introduces substantial changes in this area, the Committee requests the Government to supply a detailed report on the manner in which its legislation gives effect to each of the provisions of the Convention, including the information asked for in its previous direct request, particularly with regard to the Basic Act on the regulation and control of pesticides and toxic, hazardous and similar substances. The Committee also requests the Government to supply detailed information on the application of the legislation in practice, including, for example, information on the limit values laid down by the Ministry of Labour pursuant to section 129, and also including information on the application of the Convention to workers in agriculture.

[The Government is asked to report in detail in 2011.]