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

Occupational Safety and Health Convention, 1981 (No. 155) - Brazil (Ratification: 1992)

The Committee notes the information supplied by the Government in its report, the comments submitted by the Union of Workers from the Marble, Granite and Lime Industry of the State of Espírito Santo (SINDIMARMORE), the reply of the Government thereto and the copy of the documentation annexed.

1. Regarding the comments submitted by SINDIMARMORE, of 23 February, 17 and 23 March 1999, the Committee notes the information that Ministry of Labour measures regarding the safety and health of workers are not respected in the marble and granite sector in the State of Espírito Santo, and that this has resulted in numerous, serious occupational accidents, many of them fatal (28 cases between 1997 and 1999) and a large number of workers suffering from occupational illnesses caused by harmful working conditions. The workers' organization also indicates that none of the many complaints submitted to various competent authorities has yet been dealt with.

In reply to the comments by SINDIMARMORE, the Government states that officials from the Secretariat of Occupational Safety and Health (SSST) visited the District of Itaoca and took note of the unsatisfactory working conditions. The Government included various reports drawn up by the labour inspection service and by occupational physicians. Moreover, it indicates that a meeting took place on the elimination of occupational accidents in the marble sector, at Vitoria on 25 March 1999, and that in 1998 7,999 inspections were carried out of which 611 concerned activities related to the extraction of stone, sand and clay. Finally, the Government indicates that in 1999 a project was executed on "The Reduction of Occupational Accidents and Diseases in the Marble and Granite Extraction and Processing Industries", the text of which was attached to the report. The Committee trusts that the Government will do everything possible to adopt the necessary measures to ensure application of the provisions of the Convention in the marble and granite sector, and asks it to continue supplying information on all progress achieved in the sphere, in particular as regards the industries situated in the State of Espírito Santo.

2. Article 9, paragraph (1) and (2), of the Convention. In its earlier comments, the Committee requested the Government to supply additional information on the functioning of the inspection services responsible for the enforcement of laws and regulations concerning occupational safety and health and the working environment. The Committee notes with concern, from the information provided by the SSST, that the Secretariat recognizes that there is little monitoring and supervision at present, since the auditory body in the Regional Work Delegations is not sufficiently effective, and there is a lack of occupational physicians and technicians to carry out supervisory activities. The SSST adds that, to face up to the situation described, a computerized system of labour inspection and occupational safety and health is being implemented to improve monitoring, to regulate the imposition of sanctions on, and guidance of, enterprises infringing regulations in the field, and to ensure that occupational physicians and safety and health technicians have free access to enterprises. The Committee also notes the Government's indication that a pluri-annual plan has been drawn up (1996-1999) with a view, inter alia, of providing indications for the labour inspection services on new occupational safety and health control methods, in collaboration with research and study institutes, and to monitor working conditions and environment in urban and rural undertakings. The Committee requests the Government to provide information on any progress achieved in respect of the implementation of these provisions of the Convention.

3. With reference to its comments on the points raised by the Union of Fishermen of Angra dos Reis, the Committee notes the information supplied by the Government that national labour legislation on safety and health also applies to the fisheries sector. The Committee requests the Government, in view of its intention to modify the inspection services so as to increase the effectiveness of the control of specific risks inherent in certain occupational activities, as mentioned in its report, to pay special attention to the question of workers employed in the fisheries sector and the monitoring of their safety and health condition. The Committee hopes that the Government will include information on all progress achieved in this connection in its next report.

4. The Committee notes the adoption of Order No. 8 of 23 February 1999 containing provisions to amend Regulation No. 5 referred to the Internal Committee for the Prevention of Accidents (CIPA).

5. With respect to the information contained in the Government's report on the adoption of Order No. 53 of 17 December 1997, approving Regulation No. 29 on safety and health in work in ports, the Committee refers to its observation to the Government on the application of Convention No. 32.

6. The Committee recalls that, in its previous observation, it referred to the comments submitted by the Federal Union of Federal Public Service Workers of the State of Goiàs (SINDSEP-GO), of 1 March 1996, and again asks the Government to supply detailed information on the manner in which effect is given to the provisions of the Convention in the Ministry of Agriculture Laboratories in the State of Goiàs and in other enterprises where workers are exposed to the risk of poisoning by chemical and biological substances and agents.

Part V of the report form. The Committee notes the information supplied by the Government in its report regarding the number of contraventions reported, the number of workers covered by the Convention and the statistical information on occupational accidents and injured workers or those suffering from occupational diseases. The Committee would be grateful if the Government would continue to supply new data and statistics in its future reports as well as information on the measures undertaken to reduce hazards at work.

[The Government is asked to report in detail in 2002.]