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

Occupational Safety and Health Convention, 1981 (No. 155) - Uruguay (Ratification: 1988)

Referring to its observation, the Committee wishes to raise the following additional points.

Article 7 of the Convention. Periodic reviews. The Committee notes the information provided by the Government on the activities of the Tripartite Committee on the Chemical Industry and the Tripartite Committee on the Dock Sector. The Committee requests the Government to continue supplying information on any periodic review undertaken in the context of the sectoral tripartite committees or the National Occupational Safety and Health Board.

Article 11(e). Annual publication of reports. In its previous comments the Committee noted that the National Occupational Safety and Health Board was about to review the situation regarding statistical information on occupational accidents and that it would attach a copy of the first document produced, bearing in mind the ongoing difficulties due to incomplete information. Nevertheless, the Committee notes that the aforementioned report has not been attached. Furthermore, according to the observations from the International Organisation of Employers (IOE), the Chamber of Industries of Uruguay (CIU), and the National Chamber of Commerce and Services of Uruguay (CNCS), which the Committee noted in its observation, the Government does not disseminate statistics on occupational accidents, which hampers the formulation and implementation of national occupational safety and health (OSH) policies. The Committee requests the Government to continue making efforts to give effect to Article 11(e), and to supply information on progress made in this respect.

Articles 13 and 19(f). Protection for workers who remove themselves from work situations involving an imminent and serious danger. The Committee notes the Government’s statement that, in practice, stoppages occur in the construction industry in the event of imminent danger to physical safety. The Government indicates that this was the case during plant construction for the ex-Botnia company, before the Convention was in force, and since then improvements have been made in other enterprises, culminating in a specific procedure which was incorporated into section 408 of Decree No. 125/2014 governing the construction industry. The Committee refers to its comments for this year on the application of the Safety and Health in Construction Convention, 1988 (No. 167). It also draws the Government’s attention to paragraph 145 ff. of its General Survey of 2009. The Committee therefore requests the Government to take the necessary steps to ensure that any worker who has removed himself from a work situation which he has reasonable justification to believe presents an imminent and serious danger to his life or health is protected from undue consequences, and to provide information in this respect.

Article 17. Obligation of collaboration whenever two or more undertakings engage in activities simultaneously at one workplace. The Committee notes the information supplied by the Government on the construction sector, and refers to its comments on the application of Convention No. 167. The Committee requests the Government to take the necessary measures to establish the duty to collaborate provided for in this Article in such a way that it covers all workers in all branches of economic activity, and to provide information in this respect.

Article 18. Measures to deal with emergencies. The Committee notes the Government’s indication that, in general, undertakings are equipped with services to deal with medical emergencies. It notes the Government’s reference to Decree No. 330/009 concerning the obligation to install automated external defibrillators in workplaces. In view of the fact that this Article also covers measures to respond to emergencies, including planning, evacuation and firefighting procedures, and also coordination with the emergency services, the Committee requests the Government to provide information in this respect.