Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Portugal

Occupational Safety and Health Convention, 1981 (No. 155) (Ratification: 1985)
Asbestos Convention, 1986 (No. 162) (Ratification: 1999)

In order to provide a comprehensive view of the issues relating to the application of ratified occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine Conventions Nos 155 (occupational safety and health and the working environment), its 2002 Protocol, and 162 (asbestos) together.

The Committee notes the observations made by the Confederation of Portuguese Industry (CIP), the General Confederation of Portuguese Workers – National Trade Unions (CGTP–IN), and the General Workers’ Union (UGT), received with the Government’s reports. The Committee also notes the observations made by the Trade Union Association of Civil Servants of the Authority for Food and Economic Security (ASF–ASAE), received on 5 January 2016 and 19 April 2017, concerning the working conditions and conditions of service of market surveillance and food inspectors.

A. General provisions

Convention No. 155 and its Protocol of 2002

Follow-up to the recommendations of the tripartite committee (representation made under article 24 of the Constitution of the ILO)

The Committee notes the report of the tripartite committee set up to examine the representation alleging non-observance by Portugal of the Labour Inspection Convention, 1947 (No. 81), the Labour Inspection (Agriculture) Convention, 1969 (No. 129), and the Occupational Safety and Health Convention, 1981 (No. 155), made under article 24 of the ILO Constitution by the Union of Labour Inspectors (SIT), adopted by the Governing Body at its 324th Session (June 2015). The Governing Body entrusted the Committee with following up on the effect given to the conclusions in that report.

Articles 4 and 9 of the Convention. Adequate inspection strategy as a part of the national occupational safety and health (OSH) policy. The Committee notes that the tripartite committee encouraged the Government to, in the context of the national OSH policy, follow up on the specific issues raised by the SIT, and identified in the Working Condition Authority (ACT) strategy, in collaboration with the social partners. The Committee requests the Government, in line with the tripartite committee, to provide information on the measures taken to identify, in consultation with the social partners, the needs for the effective enforcement of the legal provisions concerning OSH, and to determine priorities for action.

Other issues

Article 1(1). Application of the Convention. Workers in agriculture. The Committee notes the information provided by the Government in reply to its previous request concerning the legislation giving effect to the Convention with regard to agricultural workers. In this respect, the Committee refers the Government to its comments on the application of the Safety and Health in Agriculture Convention, 2001 (No. 184).

Workers in the public sector. The Committee notes the observations made by the CGTP–IN and the UGT under Convention Nos 81 and 129 that there are insufficient controls by the labour inspectorate concerning OSH conditions in the public sector. The Committee requests the Government to provide its comments to these observations.

Articles 4(1) and 11 (d) and (e). National policy on OSH, including with regard to occupational accidents and diseases and their recording and notification. The Committee notes that the Government, in reply to the Committee’s previous request, provides information on the interim evaluations of the national strategy for OSH (2008–12), and indicates that the final evaluation of the national strategy for OSH (2008–12) was being finalized by the ACT with the contribution of the social partners, at the time of the submission of the Government’s report. In that respect, the Committee notes the adoption of a new strategy for OSH (2015–20), with three review stages: in 2016, 2018 and 2022. The Committee requests the Government to provide information on the interim and final evaluation of the strategy for OSH (2015–20).

Article 7 of the Convention. In its previous comment, the Committee noted that the Governing Body at its 319th Session (October 2013) approved the report of the tripartite committee set up to examine the representation made by the Occupational Association of Professional Police Officers (ASPP/PSP) under article 24 of the ILO Constitution, alleging non-observance by Portugal of Convention No. 155 (GB.319/INS/14/8) and entrusted the Committee with following up on the effect given to the conclusions in that report.

In this respect, the Committee requested the Government to provide information on the measures taken, in consultation with the social partners to ensure the effective application of the Convention with regard to the Public Security Police (PSP), in law and in practice, in particular Articles 4, 8, 9, 16, 19(c) and (d), and 20. This should include measures to ensure the review of the situation regarding occupational safety and health and the working environment of the PSP, taking into account their specificities, in accordance with Article 7 of the Convention, with a view to identifying major problems, developing effective methods for dealing with them as well as priorities of action, and subsequent evaluation. The Committee notes that the Government has not yet provided any reply in this respect. The Committee therefore once again requests the Government to provide the information requested.

Articles 8, 16 and 20. Laws and regulations giving effect to the national policy on OSH, responsibilities of employers and cooperation at the level of the undertaking. The Committee notes the observations made by the UGT concerning certain changes through the amendment of Law No. 102/2009 on the legal framework for the promotion of OSH by Law No. 3/2014, including the reduced frequency of compulsory consultations of workers or their representatives. The Committee also notes that the CGTP–IN emphasizes that recent amendments to the national legislation, which eliminate certain obligations of employers in the area of OSH, have weakened the protection of workers. The Committee requests the Government to provide its comments in this respect.

Article 11(d) and (e) of the Convention and Articles 2–5 of the Protocol. Measures to improve the reporting of occupational accidents and diseases. Concerning the national strategy for OSH (2008–12), the Committee notes the observations made by the UGT that several important measures in that strategy were not satisfactorily implemented, including the restructuring of the system for the collection of statistical data on occupational accidents and diseases, or the adoption of effective measures to address the under-reporting of occupational diseases. On the other hand, the Committee notes the Government’s reference to a number of measures taken aimed at improving the reporting of occupational diseases, including: (i) the cooperation between the ACT and public health structures to discuss legislative changes with a view to the efficient diagnosis of occupational diseases, and (ii) the enactment of Ordinance No. 112/2014 on the provision of primary occupational health care, which enabled the creation of functional health-care units, which may provide medical consultations to independent workers and workers in micro-enterprises.

In this respect, the Committee also notes the detailed information provided by the Government on the effect given in the national legislation to the Articles of the Protocol. The Committee notes that the OSH strategy for 2015–20 once again addresses the under-reporting of occupational diseases and the improvement of the collection of statistics in general. The Committee requests the Government to provide information on the specific measures taken to address the under-reporting of occupational diseases, and on any steps taken to improve the collection of occupational accidents. Noting the information provided by the Government on the legislative provisions giving effect to Article 3(b) of the 2002 Protocol, the Committee requests the Government to specify how effect is given to the specific requirement in Article 3(a)(ii) concerning the responsibility of employers to provide appropriate information to workers and their representatives concerning the recording system for occupational accidents and occupational diseases.

B. Protection against specific risks

Convention No. 162

Articles 1, 15 and 17. Scope of application and exposure to asbestos dust. The Committee previously noted the broad application of the Convention in relation to all activities involving the exposure of workers to asbestos in the course of their work and referred to the responsibilities of employers set out in Article 15(3) and (4) of the Convention. In this respect, the Committee notes the reiterated observations made by the CGTP–IN and the UGT that workers and visitors in public buildings are exposed to asbestos fibres, despite the fact that they do not handle asbestos. The UGT indicates that while 2,015 public buildings have been found to contain asbestos, no significant progress has yet been made with its removal. The Committee notes that the UGT welcomes the Government’s plans to conclude the removal of asbestos from all public buildings between 2018 and 2020 and its allocation of a dedicated budget for this purpose, but that the UGT also emphasizes the need to deploy efforts to remove asbestos from private workplaces. Particularly, the UGT indicates that over €300 million has been allocated in the context of the National Reform Programme towards the removal of asbestos from public buildings. The Committee once again requests the Government to provide information regarding the implementation in law and practice of the Convention in relation to workers who are exposed to asbestos in workplaces even though they may not be working directly with the substance. In addition, noting the Government’s plans to undertake major works to remove asbestos from public buildings, the Committee requests the Government to provide information on the measures taken to ensure that this removal work is undertaken in conformity with the protections outlined in Article 17, and to provide information on measures taken or envisaged with respect to other buildings and structures.

Article 6(3). Consultation with the health services in preparing emergency procedures. The Committee notes that the Government has not provided a reply to its previous request under this Article. The Committee therefore once again requests the Government to provide further information on the preparation of emergency procedures for work involving exposure to asbestos, as provided for in section 73 of Act No. 102/2009, as amended by Law No. 3/2014 on the legal framework for the promotion of OSH and to indicate whether such procedures were developed in consultation with the concerned workers’ representatives.

Article 14. Responsibility of manufacturers for the labelling of products containing asbestos. The Committee previously noted that Legislative Decree No. 101/2005 introduces regulations regarding the labelling of asbestos, but does not specify details of the language used on the labels nor determine the responsibility for labelling. The Committee notes that the Government has not provided the requested information on the measures taken in law and practice to ensure the responsibility for labelling of producers and suppliers of asbestos and manufacturers and suppliers of products containing asbestos. The Committee recalls the guidance in Paragraph 20 of the Asbestos Recommendation, 1986 (No. 172), on labelling requirements for producers and suppliers of asbestos and manufacturers and suppliers of products containing asbestos in that respect. The Committee once again requests the Government to provide information on the measures taken in law and practice to ensure that producers and suppliers of asbestos and manufacturers and suppliers of products containing asbestos are made responsible for adequate labelling of the container and, where appropriate, the products.

Articles 20 and 21. Occasional exposure to asbestos. Measurement of the concentration of airborne asbestos dust in workplaces and medical examinations. The Committee previously noted that while Legislative Decree No. 266/2007, on the protection of workers from health risks arising from exposure to asbestos in the course of work, applies to all sectors of activity, the Decree allows for the exemption of workers performing specific tasks, during which they are sporadically exposed to a concentration of airborne asbestos fibres not exceeding a certain maximum limit value. The Committee notes that the Government has not provided the requested information on the definition of the concept of “sporadic exposure to asbestos” under the national legislation. However, it notes the observations made by the CIP concerning the ongoing work relating to the Asbestos Technical Guidebook for the implementation of Decree No. 266/2007, pursuant to section 26 of the Decree. It notes in this respect that section 26 also refers to the drawing up of technical guidelines particularly concerning the definition of the concept of sporadic exposure of low intensity. The Committee once again requests the Government to indicate the measures taken or envisaged to ensure: that employers measure the concentration of airborne asbestos dust in the workplace and monitor the exposure of workers to asbestos; and that workers occasionally exposed to asbestos are provided with medical examinations, in line with Article 21(1) of the Convention. It requests the Government to provide information on any technical guidelines developed concerning the definition of the concept of sporadic exposure of low intensity to asbestos.