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

Labour Inspection Convention, 1947 (No. 81) - Brazil (Ratification: 1989)

The Committee notes with interest the detailed information provided by the Government in its comprehensive report as well as the annexed documents. It also notes the observations by the Union of Workers of Marble, Granite and Limestone Industry in the State of Espírito Santo (SINDIMARMORE) and the Government's response to these comments.

1. Article 3, paragraph 1(a), and Article 16 of the Convention. Functions of the system of labour inspection; adequate frequency and thoroughness of inspection visits.

(a) Application of the provisions to combat child labour and forced labour. The Committee notes the Constitutional Amendment No. 20, dated 15 December 1998, which increased the minimum age of admission to work from 14 to 16 years, except for apprentices who can be admitted to work as from 14 years. It also notes the Government's indication that Cells to Combat Child Labour and Protect Adolescent Workers, which include inspectors, elaborated a Preliminary Assessment on Child and Adolescent Work which identified 75 activities exercised by children and adolescents. On that basis the inspection teams have selected areas where child labour is most critical with the aim of reinforcing inspection activities. The assessment was updated in 1997-98 on the basis of the data collected by the inspection teams. In relation to activities to combat forced labour the Committee notes the indication that the Executive Group for the Repression of Forced Labour (GERTRAF) operating through mobile inspections has given fruitful results, in particular through joint efforts of the federal police with the labour prosecutors. The Committee hopes that the Government will continue to supply information on the activities of the labour inspection to combat child and forced labour and on the progress achieved.

(b) Application of the legal provisions relating to occupational safety and health. With regard to the implementation of the National Programme to Combat Occupational Accidents and Disease the Committee notes that in 1997 the number of accidents (369,065 cases) and that of occupational diseases (29,707 cases) has decreased by 6.67 per cent and 14.85 per cent respectively as compared to 1996. The Committee further notes the Government's information that in 1998 the number of inspections relating to health and safety at work rose by 14.31 per cent as compared with 1997. The Government also states that the policy of prioritizing inspections in health and safety at work led the inspectors to visit the highest risk establishments which led to an increase of 247.61 per cent in the number of embargo orders (embargos) and of 71.95 per cent in the number of cases of prohibition to entry (interdiçoes). In relation to the construction sector, which was made, in 1998, a national priority for labour inspection given the high occupational accident rates, in 1998 the number of embargo orders (10,640 cases) and that of prohibition to entry (6,455 cases) increased by 267.28 per cent and 93.55 per cent respectively as compared to 1997.

The Committee hopes that the Government will continue to supply information on the progress made in reducing the number of industrial accidents and occupational diseases through increased and focused inspection in the field of safety and health in workplaces, in particular in the marble, granite and limestone industry of the State of Espírito Santo.

The Committee addresses a direct request to the Government in relation to the application of Article 2, paragraph 1; Article 6; Article 7, paragraph 3; Articles 8; 10; 20 and 21 of the Convention.