In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 13 (white lead), 45 (underground work (women)), 120 (hygiene (commerce and offices)), 127 (maximum weight), 139 (occupational cancer) and 155 (occupational safety and health) together.

The Committee notes the observations on the application of Convention No. 155 submitted jointly by the Independent Trade Union Alliance Confederation of Workers (CTASI), the Confederation of Workers of Venezuela (CTV), and the Federation of University Teachers’ Associations of Venezuela (FAPUV), received on 1 September 2022. The Committee also notes the observations submitted by the Federation of Chambers and Associations of Commerce and Production of Venezuela (FEDECAMARAS), received on 2 September 2022. The Committee requests the Government to provide its comments in this respect.

Application in practice of Conventions Nos 13, 120, 127, 139 and 155. National situation with regard to occupational safety and health. The Committee notes the general and sectoral information provided by the Government in its report on the number of occupational accidents and diseases, as well as on the number of OSH-related investigations and inspections carried out. In this regard, the Government reports that between 2017 and July 2022 a total of 6,113 occupational accident investigations, 3,821 occupational disease investigations and 15,053 related inspections were conducted. The Government indicates that investigations of occupational accidents and occupational diseases, as well as inspections within workplaces, contribute to correcting unsafe and unhealthy conditions in the working environment with a view to preventing their occurrence. The Committee also notes the Government’s indication that the National Institute for Prevention, Health and Safety at Work (INPSASEL) promotes and develops a preventive culture in workplaces, through the placement of prevention delegates and their comprehensive and continuous training. In this respect the Government reports that between 2018 and July 2022, a total of 234,260 prevention delegates received training.

The Committee also notes the number of prevention delegates trained in OSH between 2018 and July 2022. The Committee requests the Government to continue to provide information on the application in practice of ratified OSH Conventions, including the number, nature and cause of occupational accidents and diseases reported, as well as information on the inspection activities carried out, including the number of investigations and inspections carried out and the number of violations detected and the penalties imposed.

A.General provisions

Occupational Safety and Health Convention, 1981 (No. 155)

Article 5(a) and (b). Testing of the material elements of work and adaptation of the work environment to the workers. In relation to its previous comments, the Committee takes note of the information provided by the Government in its report indicating that (i) INPSASEL has a technical and professional team of inspectors at the national level who carry out inspection activities in public, private and mixed work entities, where they evaluate OSH conditions and risk factors to which workers are exposed, including tools, machinery, equipment and hazardous processes, according to the Manual of Standards and Procedures of the Occupational Safety and Health Inspection Act established by INPSASEL; and (ii) following the inspections, instructions are sent to the work entities to correct unsafe or unhealthy conditions in order to prevent occupational accidents and diseases and ensure a healthy and safe work environment for workers. The Committee requests the Government to continue to provide information on the application in practice of the 2005 Basic Act on prevention, working conditions and the working environment (LOPCYMAT) in relation to the testing of the material elements of work, including workplaces, working environment, tools, machinery and equipment, chemical, biological and physical substances and agents and operations and processes. In addition, the Committee once again requests the Government to provide information on the adaptation of the working environment to workers, including information on the application in practice of sections 59 (working conditions and environment), 60 (relationship between the worker, the work system and machinery) and 63 (project design, construction, operation, maintenance and repair of means, procedures and workstations) of the 2005 LOPCYMAT.

Article 5(d). Communication and cooperation at the levels of the working group and the undertaking and at all other appropriate levels up to and including the national level. In relation to its previous comments, the Committee notes that the Government reports that the following aspects are verified during management inspections in accordance with the 2005 LOPCYMAT: the composition and functioning of the OSH services (sections 39 and 40), prevention delegates (sections 41 to 45) and occupational safety and health committee (sections 46 to 50), as well as the implementation of the OSH programme (section 61), the maintenance plans and safe work procedures for tools, machinery and equipment and of the epidemiological surveillance system (sections 11(10)). The Committee requests the Government to continue to provide information on the application in practice of the 2005 LOPCYMAT in relation to communication and cooperation at the working group and enterprise levels and at all appropriate levels up to and including the national level. In this respect, it requests the Government to provide information on the activities carried out by the OSH services, the prevention delegates and the occupational safety and health committee.

Article 11(c). Establishment and application of procedures for the notification of occupational accidents and diseases. The Committee notes that, in response to its previous request, the Government indicates that: (i) under section 83 of the Partial Regulations of the Basic Act on prevention, working conditions and the working environment of 2006, the employer, through the OSH service, must notify INPSASEL within 60 minutes of the occurrence of an occupational accident; (ii) under section 73 of the LOPCYMAT of 2005, the employer must prepare the formal notification of an occupational accident or disease within 24 hours of the accident or the diagnosis of the disease; (iii) the employer must submit the notification of the occupational accident or disease to the State-level Departments of Occupational Safety and Health (GERESAT), under the auspices of INPSASEL, which are present throughout the national territory and currently record notifications of occupational accidents and diseases; (iv) once the notification is recorded, the causes of the occupational accident and the occupational disease are investigated, which allows corrective measures to be ordered and communicated to workers to prevent future accidents and diseases; and (v) in the case of occupational diseases, once the investigation is completed, the necessary medical evaluation of the worker is carried out for the verification, qualification and certification of the origin of the disease.

In relation to the number of notifications of occupational accidents and occupational diseases, the Committee notes that the Government reports a reduction between 2019 and 2021 due to the reduction of working days and jobs, the malfunctioning of the registration system due to a failure in the operating system and the national state of emergency caused by the COVID-19 pandemic, which led to a large proportion of workplaces suspending and limiting their operations, thus reducing the incidence of occupational accidents and diseases. The Committee requests the Government to continue to provide information on the number of occupational accidents and diseases reported annually in the different sectors. In addition, the Committee once again requests the Government to provide specific information on the time limits for the issuance of certificates of occupational diseases, as well as on the number of certificates issued annually.

Article 11(e). Annual publication of information on measures taken in application of the policy on health and safety of workers and the working environment, on occupational accidents and cases of occupational diseases. In relation to its previous comments, the Committee notes the Government’s indications that statistics on occupational accidents, occupational diseases, as well as on the actions carried out on the basis of the OSH policy from 2018 to 2022 are published in the report and account documents of the Ministry of the People’s Power for the Social Process of Labour (MPPPST). The Committee notes that only the report and account documents up to 2015 are published on the website of the MPPPST. The Committee requests the Government to take measures to ensure the annual publication of information on the measures taken in application of the national OSH policy and on occupational accidents, occupational diseases and other damage to health, and to indicate where such information is published.

Article 12(b) and (c). Obligations of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. Further to its previous comments, the Committee notes that section 67 of the 2005 LOPCYMAT establishes the obligation of manufacturers, importers and suppliers of chemical products and substances for use at work to provide information indicating their correct method of use by workers, additional preventive measures and the hazards associated with their normal use, as well as their improper use. The Committee also notes the Government’s indications that, under section 63 of the 2005 LOPCYMAT, the planning, construction, operation, maintenance and repair of means, procedures and workstations must be conceived, designed and executed in strict compliance with universally accepted technical and scientific standards and criteria in the areas of health, hygiene, ergonomics and safety at work, in order to eliminate or control, to the greatest extent technically possible, hazardous working conditions. In this respect, section 63 establishes that the INPSASEL must propose to the ministry with competence in OSH a technical norm regulating this matter. The Committee requests the Government to indicate the technical standard regulating the design and execution of projects and constructions, as well as the operation, maintenance and repair of means, procedures and workstations, in application of section 63 of the 2005 LOPCYMAT.

B.Protection against particular risks

1.Maximum Weight Convention, 1967 (No. 127)

Article 8 of the Convention. Application of the Convention. Further to its previous comments, the Committee notes the information contained in the Government’s report indicating a significant decrease in the number of cases of occupational diseases related to musculoskeletal disorders notified to INPSASEL by employers, from 542 cases in 2017 to 10 cases in 2020, 4 cases in 2021 and 22 cases in 2022, compared to a total of 13,162 cases in the period from 2009 to 2014.

The Committee also notes the information provided by the Government on the implementation of Decision No. 9589 of 2016 establishing technical regulations for controlling the handling, lifting and manual transport of loads (CMLTMC), specifically sections 36 (training of workers) and 38 (monitoring of occupational safety and health conditions). In this regard, the Government reports on the implementation of training plans aimed at workers from manufacturing companies, in which technical knowledge was imparted on production process activities involving the handling and movement of loads. The Government also indicates that the morbidity rate in workplaces where the jobs involve the handling of loads is reviewed during inspections and compliance with the 2016 CMLTMC is verified, with the collaboration of the occupational safety and health committees. With reference to its comments on Article 11(c) of the Occupational Safety and Health Convention, 1981 (No. 155), the Committee requests the Government to provide information on the measures taken to strengthen the notification system for occupational diseases related to the manual handling of loads to ensure that all cases are recorded. It also requests the Government to continue to provide information on the application in practice of the 2016 CMLTMC and its impact on the number of cases of occupational diseases related to this type of disorder recorded by year and by sector of activity.

2.Occupational Cancer Convention, 1974 (No. 139)

Article 1. Requirement to periodically determine the carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization or control. The Committee notes that the Government did not provide the information requested in its previous comments on the use of the International Agency for Research on Cancer (IARC) internationally certified list of carcinogenic substances, as well as the lists of hazardous substances issued by the ILO. The Committee therefore once again requests the Government to provide the following information: (i) the provisions of the national legislation which refer to the IARC list of carcinogenic substances; (ii) the list of substances that are prohibited in practice; (iii) the list of substances subject to authorization or control; and (iv) the manner in which such authorization or control is exercised. The Committee also requests the Government to indicate the manner in which this list is periodically reviewed and the date of the most recent review.

Article 2(1). Obligation to substitute carcinogenic substances and agents with non-carcinogenic substances or agents, or with less harmful substances and agents. In relation to its previous comments, the Committee notes that the Government refers to COVENIN Standard No. 2251 of 1998 on the transport, storage and use of asbestos and occupational health measures, which establishes the minimum occupational safety and hygiene measures to be complied with during the transport, storage and use of asbestos, but does not refer to measures to replace asbestos with non-carcinogenic substances or agents, or with less harmful substances or agents. The Committee requests the Government to provide information on the measures taken to replace asbestos and all other carcinogenic substances to which workers may be exposed during their work with non-carcinogenic substances or agents, or with less harmful substances and agents. In this respect, the Committee requests the Government to indicate the replacement substances or agents that have been chosen, in consideration of their carcinogenic, toxic and other properties.

Article 2(2). 1. Reduction to the minimum compatible with safety of the level of exposure of workers to ionizing radiation. In relation to its previous comments, the Committee notes the Government’s indication that INPSASEL strictly observes the application of the COVENIN standards governing protection against ionizing radiation. In this respect, the Committee notes the following exposure limits to ionizing radiation established in Venezuelan COVENIN Standard No. 2259 of 1995 (section 4.2): (i) for the lens of the eye, an equivalent dose of 150 mSv per year; (ii) for pregnant workers, during the period from conception to birth, a dose of 5 mSv received by the embryo/foetus; and (iii) for workers undergoing training in subjects related to ionizing radiation, an annual effective dose of 20 mSv for uniform whole-body exposure and an annual equivalent dose of 500 mSv for partial exposure of individual organs or tissues. The Commission recalls its General Comment on Convention No. 115, in which it considers that, when fixing maximum permissible doses of ionizing radiation, the following recommended dose limits for an occupational exposure should be taken into account: an equivalent dose to the lens of the eye of 20 mSv per year, averaged over a defined period of five years, not exceeding a value of 50 mSv in the course of one year (paragraph 32), a level of embryo/foetus protection similar to that provided to members of the public equivalent to 1 mSv annual effective dose limit (paragraph 33) and, for persons aged 16 to 18 years, an effective dose of 6 mSv per year and an equivalent dose to the extremities (hands and feet) or in the skin of 150 mSv per year. The Committee once again requests the Government to provide supplementary information on any measures taken or contemplated to guarantee that the duration and degree of exposure to ionizing radiation is reduced to the minimum compatible with the safety of workers in line with Article 2(2) of the Convention.

2. Exposure levels. The Committee requests the Government to provide specific information on the levels of exposure to other carcinogenic substances or agents, other than ionizing radiation, including benzene, asbestos and any other substance or agent with carcinogenic properties. In addition, it once again requests the Government to provide information on the progress made in the development of the matrix of occupational exposure to carcinogenic substances to which the Government has previously referred.

Article 3. Measures to protect workers against the risks of exposure to carcinogenic substances or agents. With regard to measures to protect workers against the risk of exposure to carcinogenic substances or agents, the Committee takes note of the protection measures against ionizing radiation established in Venezuelan COVENIN Standard No. 3496 of 1999 on radiological protection, including measures related to the optimization of protection and safety (sections 2.24 and 2.25).

With respect to the establishment of an appropriate registration system, the Commission notes that section 65 of the 2005 LOPCYMAT establishes the employer’s obligation to register all substances that by their nature, toxicity or physical-chemical condition may affect the health of workers. This provision establishes that coordination mechanisms should be established between the ministry with competence in health and the ministry with competence in OSH, in order to establish a single registration system for hazardous substances, enabling the management of information and control of hazardous substances that may affect the health of workers. While taking due note of these provisions, the Committee requests the Government to provide information on the measures to protect workers from the risk of exposure to carcinogenic substances or agents, other than ionizing radiation, including benzene, asbestos and any other substance or agent with carcinogenic properties. It also requests the Government to provide specific information on the implementation in practice of a single registration system for hazardous substances under section 65.

Article 5. Measures to ensure that workers are provided with medical examinations. Further to its previous comments, the Committee notes the Government’s indications that under section 40(5) of the 2005 LOPCYMAT, workplaces are required to carry out, through their OSH services, medical examinations or investigations during or after employment, and to provide the results of such examinations to the workers. In this regard, the Government indicates that INPSASEL requests information from the epidemiological surveillance system in the workplace to verify the completion of the reports and clinical examinations carried out on workers during and after employment. The Committee requests the Government to provide additional information on the application in practice of section 40(5) of the 2005 LOPCYMAT, including the number of medical examinations carried out on workers, both during and after employment, to assess the exposure or the state of their health in relation to occupational risks.

C.Protection in specific branches of activity

Underground Work (Women) Convention, 1935 (No. 45)

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism Tripartite Working Group (SRM TWG), classified Convention No. 45 as an outdated instrument, and placed an item on the agenda of the 112th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also requested the Office to take follow-up action to actively encourage the ratification of up-to-date instruments relating to OSH, including, but not limited to, the Safety and Health in Mines Convention, 1995 (No. 176), and to undertake a campaign to promote the ratification of Convention No. 176.The Committee therefore encourages the Government to give effect to the decision of the Governing Body at its 334th Session (October–November 2018) approving the recommendations of the SRM TWG and to consider the possibility of ratifying the most up-to-date instruments in this subject area. The Committee takes this opportunity to recall that in June 2022, the International Labour Conference added the principle of a safe and healthy working environment to the Fundamental Principles and Rights at Work, thus amending the 1998 Declaration on Fundamental Principles and Rights at Work. The Committee draws the Government's attention to the possibility of requesting technical assistance from the Office with a view to bringing both practice and applicable legislation into conformity with the fundamental OSH Conventions and for support in any examination of the eventual ratification of the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187).

[The Government is asked to reply in full to the present comments in 2024.]