Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

Occupational Health Services Convention, 1985 (No. 161) - Brazil (Ratification: 1990)

Article 3, paragraphs 1, 2, and 3, of the Convention. The Committee notes that the Government's report does not contain replies to its previous comments concerning the Government's earlier replies under Parts IV and V of the report form, where it had indicated its inability to specify the number of workers covered by the legislation applying the Convention. Please provide information on the measures taken or envisaged to monitor the number of workers covered by the legislation applying the Convention.

The Committee also notes the information that the Ministry of Labour is preoccupied by the increased growth of the number of enterprises in the informal sector, and that jointly with the Ministry of Health and that of Social Protection and Assistance, it has prepared a draft law aimed at creating a system of occupational health service covering these workers. This draft is currently in the hands of the legislative authorities and that the Government will inform the Office concerning its adoption. The Committee hopes this draft will be adopted soon and that a copy of the adopted text would be sent to the Office.

Article 15. Further to its previous comments, the Committee notes with interest the information that there is a chain of state and community health centres with specialised personnel exclusively dealing with enquiries into and handling of the aggravation of the health of workers. The information obtained is used to trigger visits by these specialized personnel at the workplace, aimed at establishing the links between the risks and the aggravation detected, and to involve the employers and the specialized services (where they exist), with a view to providing for corrective measures and for better respect of the protective legislation in the matter. The Committee reiterates its previous request to the Government to indicate the manner in which the specialized services in safety engineering and occupational medicine are informed of occurrences of diseases amongst workers and absences from work for health reasons, whether or not an occupational disease is registered, in order that they might better analyse the factors in the working environment which affect workers' health. The Committee further requests the Government to indicate the measures taken or envisaged to ensure that the personnel in these services are not required by the employer to verify the reasons for the absence from work.

Part VI of the report form. Further to its previous comments, the Committee notes the information that it is impossible for the Government to give the number of specialized services created as result of Regulation No. NR4 because of the variation in the number of these enterprises, their duration of existence and the size of the country which hinders a reliable registration system. The Government further indicates that Act No. 8080 gives access to the workplace to the health surveillance body attached to the Ministry of Health without resulting in the creation of specialized services for the moment. The Committee would be grateful if the Government would indicate the measures it proposes to take to overcome the difficulties encountered and to ensure better monitoring of the practical application of the provisions of the Convention.