Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Occupational Safety and Health Convention, 1981 (No. 155) - Portugal (Ratification: 1985)

1. The Committee notes with interest the information supplied in the Government's report concerning the application of Articles 11(a), (b), (c) and (f), 14, 19(b) and 20 of the Convention. The Committee notes, however, that a coherent national policy on occupational safety and health and the working environment is yet to be established. As noted previously, such a policy should pursue the objectives set out in Articles 4, 5, 6 and 7. The Committee again hopes that the next report will indicate progress made in this respect, and requests, in particular, that the Government indicate the state of progress of the framework legislation on occupational safety and health and the working environment which had been proposed by the International Programme for the Improvement of Working Conditions and Environment (PIACT) in 1984.

2. The Committee requests the Government to supply further information on the following points:

Article 1 of the Convention. The Committee notes with interest the Ministerial Order of 2 December 1988 which applies Legislative Decree No. 243/86 of 20 August 1986, prescribing general regulations on occupational safety and health in commerce and offices, to the public administration. Furthermore, the Committee has noted the Government's indication that draft safety and health regulations concerning agricultural work, as well as regulations concerning medical personnel, have been elaborated by the Director-General for Occupational Safety and Health and the Minister of Health respectively. It hopes that these texts will be adopted in the near future and requests the Government to supply copies of these texts once they are adopted.

Article 9, paragraph 1. The Committee notes with interest the statistics provided by the Government in the Labour Inspectorate's activities report for 1988-89 which indicate an increase in the number of inspection visits made concerning occupational safety and health, as well as an increase in the number of workers covered by these visits. It requests the Government to continue to indicate the measures taken to ensure effective supervision of the application of legislative provisions concerning occupational safety and health.

Article 10. The Committee notes that the Director-General for Occupational Health and Safety and the Labour Inspectorate provide guidance to workers and employers so as to help them comply with their legal obligations. It once again requests the Government to supply details of the action taken to provide this guidance.

Article 11. The Committee notes that, according to the Government's report, the Labour Inspectorate holds inquiries with regard to serious occupational accidents. It further notes that, according to the Labour Inspectorate's statistics, out of a total of 8,598 reported occupational accidents, only 526 inquiries were held. It requests the Government to indicate the criteria used to determine whether inquiries will be held with regard to occupational accidents and whether inquiries are held concerning occupational diseases, in accordance with paragraph (d).

Paragraph (e). The Committee again requests the Government to indicate the measures taken to ensure the annual publication of information on the measures taken with regard to occupational diseases and other injuries to health which arise in the course of or in connection with work.

Article 12. The Committee notes with interest the information supplied in the Government's report concerning: Decree Nos. 101/74 and 102/74 of 14 March regulating pressurised containers; Decrees Nos. 74/77 and 66/77, of 28 February and 3 May respectively, regulating gas machines; Decree No. 117/88 of 12 April concerning electrical equipment; and Decrees Nos. 386/88 and 736/88, of 25 October and 10 November respectively, concerning agricultural tools and machinery. It requests the Government to provide further information on measures taken or envisaged to regulate the design, manufacture, importation or transfer of other machinery, equipment or substances so as to ensure the safety and health of those working with the machinery, equipment or substances.

Article 13 and Article 19(f). The Committee notes the provisions noted by the Government concerning just motives for dismissing a worker. In particular, it notes that sections 9.2(a) and 9.2(g) of Decree No. 64-A/89 of 27 February 1989 concerning the termination of individual labour contracts permit dismissal in cases where a worker has illegitimately disobeyed the orders of his superiors or has been unjustifiably absent from work. It further notes that section 32 of Decree No. 49.408 of 24 November 1969 concerning individual labour contracts protects a worker from disciplinary sanctions in cases where the worker has made a complaint concerning the working conditions or where the worker has acted in a way so as to avail himself of his rights and guarantees. It requests the Government to indicate if there are any provisions or judicial decisions which would indicate that among workers' rights is the right to remove him or herself from a work situation which he/she had reasonable justification to believe presented an imminent danger to his/her life or health. It also requests the Government to indicate if there are any judicial decisions which conclude that the situation protected by this Article falls outside the scope of sections 9.2(a) and 9.2(g) of Decree No. 64-A/89.

The Committee would recall that Article 13 of the Convention is not fully applied in the absence of a provision ensuring that an employer cannot require workers to return to a work situation where there is continuing imminent and serious danger to life or health, as this would negate any worker's right to remove himself or herself from such a situation. It, therefore, requests the Government to indicate the measures taken or envisaged to ensure that an employer cannot require workers to return to a work situation where there is continuing imminent and serious danger to life or health, in accordance with Article 19(f). The Government is also requested to indicate the measures taken to ensure that a worker reports any situation which he or she believes presents an imminent and serious danger to life or health.

Article 15. As an integrated approach to questions of occupational safety and health and the working environment is crucial to the application of this Convention, the Committee requests the Government to indicate the measures taken or envisaged to ensure the necessary co-ordination between the various authorities and bodies called upon to give effect to Part II of the Convention.

Article 16. The Committee notes with interest Decrees Nos. 251/87, 273/89, 274/89 and 284/89 referred to in the Government's report which ensure application of this Article in all branches of economic activity and requests the Government to supply copies of these texts with its next report.

Article 17. The Committee again requests the Government to indicate the measures taken to ensure collaboration in the application of this Convention between undertakings engaged in activities simultaneously at one workplace.