Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

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

Further to its observation, the Government is requested to provide additional information on the following points:

Article 1, paragraph 1, of the Convention. The Committee notes with interest that Legislative Decree No. 441/91 of 14 November 1991 which establishes general principles for the promotion of occupational safety and health applies to medical personnel. It further notes that section 23(2)(e) of the Decree concerning supplementary legislation provides that priority should be given to adapting regulations to, among others, the agricultural sector. The Government is requested to indicate, in its next report, the progress made in adopting measures to ensure the application of the Convention to the agricultural sector.

Article 11, paragraph (e). The Committee notes that, under section 14(2)(g) of Legislative Decree No. 219/93, the Inspector-General of Labour is responsible for publishing an annual report on inspection activities. The Government is requested to indicate the measures taken to ensure that information on the measures taken with regard to occupational diseases and other injuries to health which arise in the course or in connection with work are published annually.

Article 12. The Committee notes with interest that section 19 of Legislative Decree No. 219/93 provides for licensing and authorization of certain equipment to be determined by the competent authority and places duties upon designers, manufacturers, importers, etc., to ensure the safety of their machinery and equipment. The Government is requested to indicate the measures taken to ensure that manufacturers and importers of substances for occupational use are also responsible for satisfying themselves that the substance does not entail dangers for the safety and health of those using it correctly, for making available information concerning correct use, the dangerous properties involved, and instructions on avoiding the hazards, as well as for undertaking studies and research to keep abreast with scientific and technical knowledge.

Article 13 and Article 19(f). The Committee notes with interest that section 8(2)(e) of Legislative Decree No. 219/93 provides that the employer shall adopt measures and give instructions enabling workers, in the event of serious and imminent danger which cannot be avoided, to cease their activities and leave immediately the workplace, without being required to return to the work situation as long as the danger persists. Furthermore, the Committee notes that provision does not apply to exceptional cases where adequate protection is assured. The Government is requested to specify particulars concerning the manner in which the employer undertakes this duty and to indicate whether, in the event that the employer has not taken the above measures, the worker still has the right to remove himself or herself from the danger without suffering any undue consequences. The Government is also requested to specify the types of exceptional cases where workers may work in situations of imminent and serious danger envisaged in this section and the measures taken to ensure adequate protection of their health.