Underground Work (Women) Convention, 1935 (No. 45) - Costa Rica (Ratification: 1960)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 45 (underground work by women), 120 (hygiene in commerce and offices), 127 (maximum weight) and 148 (air pollution, noise and vibration) together.

The Committee notes the observations of the Costa Rican Federation of Chambers and Associations of Private Enterprise (UCCAEP) on the application of Conventions Nos 120 and 127 sent together with the Government’s report. The Committee also notes the Government’s reply to the observations of the UCCAEP on Convention No. 127, included in its report.

Application in practice of Conventions Nos 120, 127 and 148. The Committee requests the Government to provide information on the application in practice of the ratified Conventions on occupational safety and health, including the number, nature and cause of notified occupational accidents and diseases, and information on the inspection activities carried out, including, the number of investigations and inspections conducted, and the number of violations detected and penalties imposed.

Legislation. The Committee notes the information provided by the Government in its report on the development of occupational safety and health regulations in the period 2016-2019, promoted by the Occupational Health Council and the Technical Standards Institute of Costa Rica. In this regard, the Committee notes with interest: (i) the reform of the General Regulations on Occupational Risks of 1982 by means of Decree No. 39611 of 2016, which amends section 24 (content of first-aid kits) and which adds section 24 bis (implementation of first-aid kits); (ii) the adoption of Regulation for Occupational Health Committees and Offices No. 39408 of 2015, Regulation for the Prevention of Silicosis in the Workplace No. 39612-S-MTSS of 2016, the Regulation on the Configuration of Sampling Sites in Stacks and Ducts for the Measurement of Air Pollutants from Stationary Sources No. 39813-S-MTSS of 2016, the Regulation on Conditions for Breastfeeding Rooms in the Workplace No. 41080-MTSS-S of 2018, and Executive Decree No. 42317 of 2020 on the implementation of protocols and sanitary measures in workplaces by occupational health commissions and offices or departments in response to the COVID-19 pandemic; and (iii) the updating of technical standards relating to ergonomics, noise, personal protective equipment, environmental conditions and hazardous materials. The Committee particularly notes the updating of INTE Technical Standard No. T85 of 2019 on ergonomics in office spaces and call centres, INTE Technical Standard No. T84 of 2019 on ergonomic chairs, INTE/ISO Technical Standard No. 1996-2 of 2019: Acoustics - Description, measurement and assessment of environmental noise, and INTE/ISO Technical Standard No. 374-1 of 2019: Protective gloves against dangerous chemicals and micro-organisms. While it notes the developments in occupational safety and health regulations with regard to hygiene in commerce and offices, the Committee requests the Government to provide information on the progress achieved in the drafting and approval of the general regulations on occupational safety and health, promoted by the Occupational Health Council.

A.Protection against specific risks

Maximum Weight Convention, 1967 (No. 127)

Articles 3 and 8 of the Convention. Manual transport of a load which by reason of its weight is likely to jeopardize the worker’s health or safety. Workers over 21 years of age. The Committee previously noted that the INTE technical standards establishing the maximum weight limits are voluntary. In this regard, the Committee notes the Government’s reply to its previous request, which states in its report that, where technical standards are included at the regulatory level, they are mandatory. In this regard, the Government adds that INTE/ISO Technical Standard No. 11228-1 of 2016 on manual handling, lifting and carrying, and INTE Technical Standard No. 31-09-15-00 on the handling of material and equipment, were incorporated into the requirements under section 102 of the General Regulation on Safety in Construction No. 40790 of 2017.

Furthermore, the Committee notes that the Occupational Health Council approved the draft proposal for regulations on occupational health conditions in manual lifting and carrying of loads. The Government indicates that the draft proposes: (i) the repeal of Executive Decree No. 11074-TSS of 1981 on the maximum manual handling weight and physical fitness tests; (ii) the establishment of obligations for employers and workers with regard to activities involving lifting weights, medical assessments and the permissible limits for manual lifting and carrying of loads for women and men; and (iii) the incorporation of provisions on permissible limits established in INTE/ISO Technical Standard No.1128-1: Ergonomics - Manual handling - Part 1: Lifting and carrying. The Government indicates that ISO Technical Standard No. 11228-1 of 2016 on manual handling, lifting and carrying is currently being updated and adopted in relation to ISO/FDIS International Standard No. 11228-1 of 2021. The Committee requests the Government to provide information on the progress achieved in the process to update and adopt ISO Technical Standard No. 11228-1 of 2016 on handling, lifting and carrying.

Article 8. Consultation of the most representative employers’ and workers’ organizations concerned on the measures to give effect to the Convention. The Committee notes that, it its observations, the UCCAEP indicates that, while it responded to the public consultation process on the proposal for regulations on occupational health conditions in manual lifting and carrying of loads, the observations that it provided during the discussion on the matter were not taken into account. The UCCAEP also reports that: (i) while it is necessary to amend Decree No. 11074-TSS on the maximum manual handling weight, a comprehensive reform must be undertaken first, in order to achieve regulations that truly reconcile the protection of workers with the reality of the productive sector; (ii) the proposal for regulations does not take into account the need to determine the maximum distance that a load may be carried by a worker; and (iii) the proposal for the regulations contains definitions that are not elaborated on in the text of the document, and therefore, the purpose for which they are established is unclear. The Committee further notes that, in its reply to the observations of the UCCAEP, the Government indicates that it undertakes to review and follow up on the observations sent by the employers’ organization, and on the current status of the management of the proposed regulations. The Committee requests the Government to provide information on the consultations held in this regard, including the organizations consulted and the outcome of the consultations.

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Article 8(1) and (3) of the Convention. Criteria for determining the hazards of exposure to air pollution, noise and vibration. Exposure limits and their regular revision. Further to its previous comments, the Committee notes the Government’s indication in its report that, in 2020 and 2021, an external interinstitutional assistance committee was established to review the preliminary draft revision of the regulations on the control of noise and vibrations. The Government indicates that, currently, the remaining step is to include Annex 1 on the basic components that should be part of hearing conservation programmes in the workplace. It also indicates that the final proposal will be submitted to the Executive Directorate of the Occupational Health Council, which will incorporate the proposed amendments to the regulations into the commitments of the Action Plan of the National Occupational Health Policy.

Regarding the application in practice of INTE standards and verification of this application by the labour inspectorate, the Government indicates that: (i) the Occupational Health Council and Technical Standards Institute of Costa Rica have promoted INTE technical standards that contain more detailed technical parameters and criteria than those established in national legislation; (ii) the technical standards have been widely disseminated through training for heads of occupational health offices and departments in order for the technical standards to be voluntarily implemented as part of preventive management; (iii) due to the voluntary nature of the technical standards, the labour inspectorate cannot enforce them, except when they are at the regulatory level, in which case they are mandatory. Consequently, inspectors from the Technical Secretariat of the Occupational Health Council cannot require the mandatory implementation of technical standards in inspection reports, although they may suggest that the technical standards be taken as preventive guidelines to be followed as part of preventive management in the respective workplace. The Committee requests the Government to intensify its efforts to ensure the periodic review of the exposure criteria and limits, including the revision of the proposed regulations on the control of noise and vibrations. The Committee further requests the Government to continue to provide information on the conclusion of the process to revise the regulations on the control of noise and vibrations, including the incorporation into the regulations of the respective technical standards.

Article 10. Personal protective equipment and the application of the Convention in the agricultural sector. The Committee notes the observations of the Confederation of Workers Rerum Novarum (CTRN), the Costa Rican Workers' Movement Central (CMTC), the General Confederation of Workers (CGT), and the Workers' Unitary Confederation (CUT), on the application of the Labour Inspection (Agriculture) Convention, 1969 (No. 129), in which they indicate that workers in the pineapple industry are being exposed to harmful substances, such as agrochemical products. The trade union organizations indicate that workers are assigned to recently sprayed fields with no protection, or sometimes even with protective equipment that has already been used. The Committee requests the Government to provide information on the measures adopted or envisaged to ensure protection against occupational risks in the workplace due to air pollution, and to guarantee that employers provide and maintain suitable personal protective equipment, in accordance with Article 10 of the Convention.

Article 11(1) and (3). Periodical medical examinations. Discontinuation of an assignment to work when continuation is considered medically inadvisable. Suitable alternative employment or maintenance of income. In reply to its previous comments, the Committee notes the Government’s indication that, when it is determined that noise in a workplace exceeds the maximum levels established in section 7 of the regulations on the control of noise and vibrations, the employer is requested to conduct a comprehensive study of the workplaces, identify the occupational noise and provide engineering proposals with the aim of minimizing the resulting environmental noise pollution, and pay due attention to the hearing health of workers by means of medical examinations. It also notes that the Government refers to section 258 of the Labour Code, which establishes the obligation for all workers to undergo the medical examinations stipulated in the corresponding regulations. The Government adds that 46 inspectors from the Labour Inspection Directorate have received training on occupational health, and that a guide on occupational health in agriculture is available, which will be used to address issues related to occupational health, noise and vibrations in inspections. Noting this information, the Committee requests the Government to indicate the frequency of medical examinations to monitor the health of workers exposed to occupational risks due to air pollution, noise and vibrations. The Committee also requests the Government to provide information on the measures adopted toprovide workers with suitable alternative employment or to maintain their income, where continued assignment of workers to work involving exposure to air pollution, noise or vibration is found to be medically inadvisable.

B.Protection in certain 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) decided, on the recommendation of the Standards Review Mechanism Tripartite Working Group to confirm the classification of the Convention as outdated, 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 adopt follow-up measures to actively promote ratification of updated occupational safety and health instruments including, but not limited to, the Safety and Health in Mines Convention, 1995 (No. 176) and to undertake a ratification campaign in respect of Convention No. 176.The Committee therefore encourages the Government to give effect to the decision adopted by the Governing Body at its 334th Session (October-November 2018) approving the recommendations of the Standards Review Mechanism Tripartite Working Group, and to examine the possibility of ratifying the more updated instruments in this thematic 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 thefundamental 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 the technical assistance of the Office with the aim of bringing both practice and applicable legislation into conformity with the fundamental Conventions relating to occupational safety and health, and providing support for any consideration of ratification of these standards.

Hygiene (Commerce and Offices) Convention, 1964 (No. 120)

Articles 1 and 17 of the Convention. Application to establishments, institutions and administrative services in which the workers are mainly engaged in office work. Protection of workers against substances or processes which are obnoxious, unhealthy or toxic or for any reason harmful. Further to its previous comments, the Committee notes the Government’s indication in its report that section 294 of the Occupational Risks Act, No. 6727 of 1982, on the mechanisms for establishing whether an activity or workplace is unhealthy or dangerous, has not been regulated. The Government indicates that, under the Action Plan of the National Occupational Health Policy, specifically within the regulatory framework on occupational health, the drafting of a proposed reform of section 294 is planned for the period 2021–2026. The Committee requests the Government to continue providing information on the measures adopted to regulate section 294 of the Occupational Risks Act, No. 6727 of 1982, in order to identify work and workplaces that are unhealthy or dangerous, and substances the manufacture or distribution of which must be prohibited, restricted or subject to certain special requirements.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes that, in reply to its previous direct request, the Government indicates that it will conduct an analysis of the Safety and Health in Mines Convention, 1995 (No. 176), and will supply information on any decision taken by the competent authorities. Should the Government consider ratifying Convention No. 176 and possibly denouncing the present Convention, the Committee recalls that the present Convention will be next open to denunciation during a one-year period from 30 May 2017 to 30 May 2018. The Committee requests the Government to supply information on the results of the abovementioned analysis and also on any developments regarding the intention to ratify Convention No. 176, including any need for technical assistance.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the Government’s report which indicates that there have been no new legislative or other measures which impact on the application of the Convention.

2. The Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that with respect to underground work, the States parties to Convention No. 45 should be invited to contemplate ratifying the Safety and Health in Mines Convention, 1995 (No. 176), and possibly denouncing Convention No. 45, even though the latter instrument has not been formally revised (see GB.283/LILS/WP/PRS/1/2, paragraph 13). Contrary to the old approach based on the outright prohibition of underground work for all female workers, modern standards focus on risk assessment and risk management and provide for sufficient preventive and protective measures for mineworkers, irrespective of gender, whether employed in surface or underground sites. As the Committee has noted in its 2001 General Survey on night work of women in industry in relation to Conventions Nos. 4, 41 and 89, "the question of devising measures that aim at protecting women generally because of their gender (as distinct from those aimed at protecting women’s reproductive and infant nursing roles) has always been and continues to be controversial" (paragraph 186).

3. In the light of the foregoing observations, and also considering that the present trend is no doubt to remove all gender-specific restrictions on underground work, the Committee invites the Government to give favourable consideration to the ratification of the Safety and Health in Mines Convention, 1995 (No. 176), which shifts the emphasis from a specific category of workers to the safety and health protection of all mineworkers, and possibly also to the denunciation of Convention No. 45. In this respect, the Committee recalls that, according to established practice, the Convention will be next open to denunciation during a one-year period from 30 May 2007 to 30 May 2008. The Committee requests the Government to keep it informed of any decision taken in this regard.