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

Occupational Safety and Health Convention, 1981 (No. 155) - Venezuela (Bolivarian Republic of) (Ratification: 1984)

The Committee notes the observations of the Confederation of Workers of Venezuela (CTV) and of the National Union of Workers of Venezuela (UNETE), received on 1 and 24 September 2014, respectively. It also notes the Government’s reply to the previous observations of the UNETE and to the CTV’s observations of 2014. The Committee requests the Government to provide its comments on the most recent observations of UNETE.

The Committee also notes the observations of the International Organisation of Employers (IOE) and of the Federation of Chambers and Associations of Commerce and Production of Venezuela (FEDECAMARAS), received on 4 November 2014. The Committee requests the Government to provide its comments in this regard.

Articles 4 and 8 of the Convention. Formulating, implementing and periodically reviewing a coherent national policy on occupational safety and health and the working environment, and measures to give effect to the national occupational safety and health policy in consultation with the most representative organizations of employers and workers concerned. In its previous comments, the Committee referred to an observation by the CTV indicating that the National Institute for Occupational Prevention, Health and Safety (INPSASEL) operates without consulting the trade unions. The Committee requested the Government to provide information on the content of its national policy, on the consultations held with the most representative employers’ and workers’ organizations concerned in relation to the formulation, implementation and review of its national policy and the measures referred to in Article 8 of the Convention, and on the outcome of such consultations. The Committee notes the Government’s indication that during 2014 round-table meetings were held on peace and economic truth in which broad discussions covered occupational safety and health (OSH) conditions. It adds that representatives of the most representative organizations of employers and workers participated in these meetings. The round tables concerned the following sectors: (i) the beef and pork-rearing sector; (ii) the chemical inputs, electro-domestic appliances and telecommunications sectors; (iii) the textile sector; and (iv) the mechanical textile sector. The Government also indicates that public consultations were held with employers and workers for the approval of legislation and technical standards. In this respect, the Committee notes that the Government has not provided specific information on the OSH subjects covered and the outcome of the discussions, the legislation and technical standards discussed, nor on the manner in which the consultations held give effect to these Articles of the Convention. Nor has it indicated the organizations which participated in these consultations, with the indication that they were “public” consultations. In this regard, the Committee draws the Government’s attention to the fact that Articles 4 and 8 of the Convention refer to consultations on the national policy and the measures to give effect thereto, which are to be held with the most representative organizations of employers and workers concerned. The Committee emphasizes that the national policy envisaged in this Article of the Convention involves a dynamic and cyclical process and requires periodical review to ensure that the national OSH policy and the measures adopted to give effect to it are kept constantly updated. The Committee once again requests the Government to provide information on: (1) the content of its national OSH policy; (2) the consultations held with the most representative organizations of employers and workers concerned with regard to the formulation, implementation and review of its national policy, in accordance with Article 4, and the adoption of the measures referred to in Article 8; (3) the outcome of such consultations and their impact on the national OSH policy and the measures envisaged in Article 8; and (4) the intervals at which such consultations are held. The Committee also requests the Government to indicate the most representative organizations of employers and workers concerned which participated in such consultations. Please also provide documentation reporting on the consultations held in relation to these Articles of the Convention.

Article 5(e). Spheres of action that shall be taken into account by the national policy: protection of workers and their representatives from disciplinary measures as a result of actions properly taken by them in conformity with the policy referred to in Article 4 of the Convention. In its previous comments, the Committee noted a communication from the Independent Trade Union Alliance (ASI) alleging the dismissal of prevention delegates and it noted that, in accordance with section 44 of the Basic Act on prevention, working conditions and the working environment (LOPCYMAT), no prevention delegate may be dismissed, transferred or demoted in their job from the time of their election until three months following the term for which they were elected without just cause certified by the labour inspectorate, in accordance with the Basic Labour Act. The Committee requested information on the alleged cases of the dismissal of prevention delegates and on what is considered by the legislation as “just cause” in the context of section 44 referred to above. The Committee notes the Government’s indication that section 79 of the Basic Act on labour and men and women workers (LOTTT) contains a list of acts which are considered “justified reasons for dismissal”. The Government adds that, in cases in which an employer intends to dismiss, transfer or change the terms and conditions of employment for a justified reason of a worker covered by trade union protection or employment stability, the employer has to request the pertinent authorization from the labour inspector in accordance with the procedure for the authorization of dismissal set out in section 422 of the LOTTT.

The Committee notes the indication of the CTV that in December 2013 the labour inspectorate of the state of Falcón authorized the dismissal from Petróleos de Venezuela (PDVSA) of Iván Freites, Secretary-General of the Single Union of Oil, Petrochemical, Gas and Allied Workers of the state of Falcón (SUTPGEF) and the Secretary for Professionals and Technicians of the Single Federation of Workers in Oil, Gas, Allied and Derived Products of Venezuela (FUTPV). According to the CTV, this dismissal is directly related to the complaint made by the trade union leader that the accident which occurred in 2012 in the Amuay refinery was due to the absence of maintenance for years and the failure to comply with minimum industrial safety standards. The Government indicates that the accident was caused by sabotage and that the dismissal of Iván Freites is unrelated to any safety and health problems, but that the PDVSA has requested an investigation of the case. The Government adds that the rules of due process were complied with for his dismissal and the result of the procedure was that the faults committed by Mr Freites were found to be serious. In this respect, the Government indicates that it has no knowledge of Mr Freites initiating legal action on this matter. The Committee recalls that, as indicated in paragraph 26 of its 2009 General Survey on occupational safety and health, “the basic principle that workers and their representatives should be protected from victimization pursuant to Article 5(e) is one of the main elements to be included in the national policy, and is indicative of the central importance attributed to this principle”. Similarly, in paragraph 73 of the General Survey, the Committee indicates that, firstly “Article 5(e) does not itself seek to prescribe protection of workers and their representatives from disciplinary measures. It prescribes only that a national policy must provide for such protection. In other words, it is for the Member to determine the extent and conditions of the protection in consultation with the most representative organizations of employers and workers. … [secondly] the protection is only in respect of worker actions ‘properly’ taken in conformity with such a policy.” In view of the repeated allegations of this type made by workers’ organizations, and taking into account the fact that the protection of workers and their representatives required by this Article of the Convention is a matter that has to be examined within the framework of the national policy, the Committee trusts that the Government will examine this matter and the differences that have arisen in its application in practice within the framework of its national policy, in consultation with the most representative organizations of employers and workers concerned. The Committee requests the Government to provide information on this subject.

Article 7. Reviews, either overall or in respect of particular areas, carried out at appropriate intervals. In its previous comments, the Committee requested the Government to provide information on the reviews undertaken or that are being undertaken in specific sectors, as set out in Article 7 of the Convention, and on the operation and activities of the sectoral committees to which it had referred previously. The Committee notes the Government’s indication that INPSASEL has carried out work to monitor working conditions and the working environment based on the morbidity and accidents reported, and has undertaken training and adopted a multidisciplinary preventive approach through the identification of hazardous procedures and the formulation of a workplan. It adds that since 2008 INPSASEL has proceeded with the implementation of its policy at the general level. The Committee notes that the information provided is of a general nature and does not enable it to assess whether the reviews undertaken give effect to this Article of the Convention. The Committee recalls that in paragraph 78 of its 2009 General Survey it indicated that “the review of the national policy provided for in Article 4 of the Convention depends on and should be informed by the review of the national situation provide for in Article 7. While these two processes are related, the latter is mainly a factual determination of the situation as compared to the policy review process referred to in Article 4.” The Committee therefore requests the Government to take the necessary measures to conduct the reviews envisaged in Article 7 of the Convention with a view to identifying major problems, evolving effective methods for dealing with them and priorities of action, and evaluating results, and to provide detailed and specific information on this subject, including relevant documentation.

Article 11(c). Establishment and application of procedures for the notification of occupational accidents and diseases. In its previous comments, the Committee referred to a communication from the ASI and noted that according to this communication, there had been an increase in occupational accidents and that it was estimated that 90 per cent of occupational accidents are not notified. It also noted a comment by UNETE indicating that INPSASEL is legally empowered to issue certification of occupational diseases, but that the absence of regulations setting a time limit for issuing such certification means that INPSASEL delays the process indefinitely, leaving workers in a vulnerable situation, since certification is required to claim compensation. The Committee notes the Government’s indication, with regard to the increase in occupational accidents, that since 2006 there has been an increase in the notification of occupational accidents, which reflects the sound operation of online notification systems, as well as improved collective awareness based on the efforts made by institutions and by employers and workers. The Committee requests the Government to provide information on the law and practice relating to the procedure for the notification of occupational accidents and occupational diseases, including the respective time limits, and on the procedure and time limits for issuing certification of occupational diseases.

Article 11(d). The holding of inquiries where cases of occupational accidents appear to reflect serious situations. In 2013, the Committee noted that UNETE reported an accident which had occurred in 2012, namely a major explosion at the Amuay refinery (state of Falcón) owned by PDVSA, which, according to UNETE, left over 40 people dead and 100 injured, and hundreds of families homeless, as well as causing untold environmental damage. UNETE indicated in 2013 that one year after the accident its causes were still unknown, and that corrective measures had not been taken to prevent an accident with such characteristics occurring again. The Committee notes the Government’s indication that the accident was caused by sabotage. The Committee requests the Government to indicate whether an inquiry was conducted into the accident and to provide information on this subject.

Article 11(e). Annual publication of information on occupational accidents, occupational diseases and other injuries. In its previous comments, the Committee referred to communications from the ASI and the CTV indicating an increase in occupational accidents and estimating that 90 per cent of occupational accidents are not notified. The CTV also indicated that there had been an increase in occupational accidents compared with ten years previously due to the deterioration in the working environment, and that there were no reliable statistics. The Government indicated that INPSASEL posts on its web page information on occupational accidents for the period 2005–07 and occupational diseases for the period 2002–06. With regard to the updating of information on occupational accidents, the Committee notes the Government’s indication that a new automatic system of OSH indicators is currently being developed. The Committee requests the Government to indicate whether information is published annually on occupational accidents, occupational diseases and other matters referred to in this Article of the Convention, and to provide a copy of the latest statistics on this subject.

The Committee is raising other matters in a request addressed directly to the Government.