Observation (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Legislation. The Committee notes with interest the promulgation of the Basic Act on Prevention, Working Conditions and the Working Environment (LOPCYMAT), published in Official Journal No. 38236 of 26 July 2005, the Regulations to Implement in Part the Basic Act on Prevention, Working Conditions and the Working Environment, which entered into force 1 January 2007, the Technical Standard “Occupational Safety and Health Programme” (NT‑01-2008) and the Technical Standard “Declaration of Occupational Diseases” (NT-02-2008).

Communication from the Confederation of Workers of Venezuela (CTV). The Committee takes note of a communication from the CTV, received on 31 August 2009 and sent to the Government on 16 September 2009. According to the CTV, LOPCYMAT is not fully enforced because the Social Security Fund has not as yet been created. The Committee will examine this communication together with any comments the Government may wish to make.

Article 4, paragraph 1, of the Convention. Measures for the implementation and review of a national policy on occupational safety and health. The Committee notes the information sent by the Government on the various occupational health programmes. It notes that according to the report, machinery exists for the framing of occupational safety and health programmes, in the form of the Technical Standard “Occupational Safety and Health Programme”, which was prepared jointly with employers and workers and subsequently reviewed by the National Institute for Occupational Prevention, Health and Safety (INPSASEL). The Committee notes that according to the report, the National Council for Prevention, Safety and Health at Work has not been established officially, but that, periodically, there are meetings of committees set up by sector and composed of employers, prevention representatives and state representatives, to agree on specific activities and programmes and to facilitate the assessment and development of technical standards. The Committee infers that these are sectoral committees with nationwide coverage. It requests the Government to indicate: (1) the economic sectors in which these sectoral committees operate nationwide; and (2) the bodies and machinery enabling these committees to coordinate their work in formulating, implementing and periodically reviewing a coherent national policy on occupational safety, occupational health and the working environment, as required by the Convention. Please also provide information on difficulties encountered in officially establishing the National Council on Prevention, Safety and Health at Work and the measures taken to overcome them.

The Committee notes that the Government has provided information on the other issues raised in its previous comments, except on the manner in which the competent authority ensures that every year information is published on the measures taken pursuant to the national policy on occupational safety, occupational health and the working environment (Article 11(e)). The Government is asked to send information on this matter in its next report.

Bearing in mind that since the last report, the Government has adopted a significant occupational safety and health legislation, noted in the first paragraph of this observation, the Committee considers that it is essential to gain an overall view of the impact of the legislation on the application of the Convention. Furthermore, in view of the fact that the new legislation has not as yet been fully implemented – as indicated by the Government’s statement that the National Council on Prevention, Safety and Health at Work has not been officially established and the CTV’s assertion that the Social Security Fund is not yet in operation – the Government needs to specify not only the changes in the legislation but also provisions that are actually reflected in practice as well as those as yet to be applied, and difficulties encountered and measures taken to overcome them. Accordingly, the Committee requests the Government to send a detailed report showing the changes introduced by the new legislation in respect of each Article of the Convention and containing information on the effect given to them in practice.

[The Government is asked to report in detail in 2011.]