Observación (CEACR) - Adopción: 1995, Publicación: 83ª reunión CIT (1996)

The Committee notes the observations made by the Latin American Central of Workers (CLAT) and the Government's reply.

1. In its communication, the CLAT reported cases of mass contamination of workers, sometimes with loss of consciousness, caused by emissions of poisonous gases, derived from ammonia and from hydrochloric acid, hydrofluoric acid, and leaks of toxic gases, ethyl alcohol and ammonia; cases of complications to workers' health, cardiac arrest, cancer, tumours, caused by incorrect handling of toxic products; cases of poisoning and failure to comply with occupational health standards which placed in serious danger of death and illness the workers and inhabitants of the border zone of Matamoros; and the death of a young chemical engineer caused by poisoning. It observed in some of these cases that the managers of the firms involved had refused immediately after the accidents to allow teams specialized in gas escape problems to enter the affected site. The CLAT alleges the lack of effective measures - of preventive and palliative type - taken by the local international authorities and the directors of the assembly plants in this zone.

The Committee notes the Government's comments that in the framework of the national policy for occupational safety and health and the working environment in the subcontracting sector, greater vigilance and control of industrial activities has been exercised in regard to inspection. These firms have been obliged to declare to the competent authority that hazardous elements have been duly analysed, treated and checked. Inspection visits checked that the firms must ensure the proper functioning of the machinery and equipment registered, the proper monitoring by employers of the harmful agents existing in the working environment, and the proper functioning of the methods applicable. Annual regional inspection programmes have been carried out covering the various aspects of safety and health in assembly plants.

The Committee notes that in the framework of these regional programmes, approximately 20 per cent of all the subcontracting firms which handle dangerous substances involving a high degree of risk and a large number of workers were selected in 1993 for inspection. The Committee notes from the results of these programmes the existence of many cases of direct violations of safety standards in the firms of this group which were sanctioned through administrative procedures.

The Committee hopes that the measures taken through an appropriate and adequate inspection system will make it possible to prevent accidents and reduce to a minimum, as far as is reasonably practicable, the causes of hazards inherent in the environment of subcontracting firms, which must be the target of the national policy for occupational safety and health in the working environment, in accordance with Article 4(2) of the Convention. In particular, the Committee requests the Government to supply information on any progress made with a view to ensuring the application of the Convention in the subcontracting firms in the Matamoros area.

The Committee invites the Government to take into consideration Recommendation No. 164 on occupational safety and health, particularly paragraph 3(d), (h), (k) and (m) (measures in application of the policy referred to in Article 4 of the Convention in the fields of use, maintenance and inspection of machinery and equipment liable to present hazards; use of dangerous substances and agents and, as appropriate, their replacement by other substances or agents which are not dangerous or which are less dangerous; control of the atmosphere and other ambient factors of workplaces; prevention of fires and explosions), paragraph 10(a) and (c) (obligations placed upon employers to provide and maintain workplaces, machinery and equipment, and use work methods which are safe and without risk to health, as far as is reasonably practicable, and to provide adequate supervision of work), paragraph 12(2)(a) and (c) (workers' safety delegates, workers' safety and health committees, and, as appropriate, other workers' representatives should be given adequate information on safety and health matters, and enabled to examine factors affecting workers' safety and health), and paragraph 15 (obligation on employers to verify regularly the implementation of applicable standards on occupational safety and health, to keep records relevant to occupational safety and health and the working environment as are considered necessary by the competent authority).

The Committee notes the CLAT's indication that there have been many cases of anencephalic, malformations and mental backwardness, births of children with physical defects born to mothers who had handled toxic substances or been exposed to the action of toxic chemical products during pregnancy.

The Committee notes that for the case of anencephalia, a system of epidemiological monitoring for anencephalia was set up for neighbouring towns and since then the system has been extended to the whole country, and includes two other types of malformation. On the basis of some scientific research on the reasons for anencephalia, the Government has observed that the etiology of this disease is multifactorial and that it is difficult to identify the real risk factor which provokes the event, which occurs during the first four weeks of gestation. Since the firms mentioned by the CLAT in cases of anencephalia and malformation of infants do not produce plastics, exposure to which may cause irritation to the skin and the upper respiratory system, no relationship has been determined between anencephalia or malformation in children and exposure to toxic substances. The Committee requests the Government to continue supplying information of any progress made in this matter.

[The Government is asked to report in detail in 1997.]