Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

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

1.  The Committee notes the comments communicated by the Democratic Federation of Shoemakers of the State of Rio Grande do Sul and the Union of Workers in Shoe Industry of Dois Irmao and MORRO Reuter. These comments are intended to denounce publicly the employers in the sector (the Brazilian Association of Shoe Industry) for having put pressure on the Federal Government to withdraw the classification as category three of risk of the sector. This classification of risk of the sector was a historic attainment of workers after many years of sustained efforts and struggles. It was withdrawn summarily, in an authoritarian way and without consultations with workers. While these enterprises were seeking the withdrawal of the classification of risk of the sector, in some enterprises workers were obliged to note down the time with the production supervisor when they needed to go to the restrooms. In some enterprises there are even more serious situations where the post of supervisor having been eliminated, they have adopted a system whereby the production line continues until the break when all the workers have to leave their workplaces to go to the restrooms. This is inadmissible because there is only one break in the morning and another one in the afternoon. When workers need to go to the restroom other than outside these times, they are obliged to wait for the break. This could damage their health and cause them suffering and sickness. There is also the humiliation inflicted by the management of the enterprise H. Kuntzler Co. Ltd. on employees who were absent from work due to illness and other reasons. In one enterprise they even display publicly on walls the pictures of such employees. As if this was not enough, this enterprise obliges employees to work all day on Saturdays even when the big majority was against it. The same enterprise has threatened to dismiss those who refuse work at night and on Saturdays. It has carried out these threats with immediate effect on those concerned. Those who continue to work on such conditions complain constantly but privately and are afraid to say so to the supervisor for fear of losing their employment.

The union has tried on various occasions to negotiate with the management of the enterprise H. Kuntzler Co. Ltd. but without any success. Many other trade unions have protested in front of the enterprise against the manner in which the enterprise has been treating and insulting the workers. The union asks for a rigorous control of this intolerable situation in the sector.

In its reply the Government indicates that verifications carried out at the H. Kuntzler Co. Ltd. uncovered only a certain amount of excess hours worked per day that might violate section 59 of the Consolidation of Labour Laws (CLT). It states that other checks were made at other enterprises in the municipal region of Dois Irmaos including in workshops where no irregularities were discovered. However, the inspectors all the same provided indications on the manner of complying with the requirements of the laws in this regard.

The Government further indicates that the president of the Democratic Federation of Shoemakers of the State of Rio Grande do Sul was invited to elaborate on the contents of the union’s complaint. He essentially indicated a request for a seminar to fully discuss the degree of risk in the shoe industry in accordance with prior understandings reached with the technical staff dealing with the sector in the Ministry of Labour and Employment in Brasilia. Such a seminar accordingly took place on 28 October 1999 where all the trade unions and employers of the sector in the State were invited. Strangely the president of the Democratic Federation of Shoemakers of the State of Rio Grande do Sul did not participate. He sent a letter expressing disagreement with the contents of the seminar, which in his view, should have been elaborated with the participation of the workers. He then suggested 3 December 1999 as the date he preferred for the seminar. According to the officials concerned, at the time they attempted their verification on the four enterprises working in the sector in this State, two were on annual holiday closure. The other two, namely Calcados Maide Ltde. and Industria de Calcados Wirth Ltde., were inspected, but no restrictions regarding the use of and access to toilets by workers of the type indicated in the complaint were observed. The officials reiterated nonetheless the need to maintain free access to toilets for the workers.

The Committee would be grateful if the Government would continue to provide more particulars regarding any follow-up measures that were taken or envisaged as result of the seminar on occupational safety and health in the shoe industry in the State and if other similar seminars have taken place since.

The Committee recalls the comments made by the Democratic Federation of Shoemakers of the State of Rio Grande do Sul that the Government has withdrawn the classification as category three of risk of the sector, without consultations with workers. It would be grateful if the Government would communicate its views in this regard, taking into account the requirements of Articles 4 and 8 of the Convention, that the formulation, implementation and periodic review of a coherent national policy on occupational safety and health and the working environment, as well as the taking of steps by means of laws or regulations or any other method to give effect to such a policy, should be done in consultation with the most representative organizations of employers and of workers.

The Committee would be grateful if the Government would continue to provide further information with respect to workers’ access to toilet facilities in shoe industry enterprises in the State of Rio Grande do Sul, as well as regarding the results of any inspection visits conducted of the two enterprises that were closed up for annual holidays when the initial inspection was attempted in order to verify the union’s complaint in this regard, taking into account the requirements of Article 9.

2.  The Committee notes the information provided by the Government partly replying to its observation of 1999 based on the comments submitted by the Union of Workers from the Marble, Granite and Lime Industry of the State of Espiritu Santo (SINDIMARMORE). In any event, the Committee expresses its preoccupation with the bad conditions of work prevailing in this sector of economic activity in the country. This sector, which according to the Government accounts for 80 per cent of such Brazilian exports, should have been able to offer workers better conditions of work. The Committee emphasizes the fact that according to the report of the delegate of the Ministry of Labour of the State of Espiritu Santo, two more deaths among the workers have been reported on 10 November 1999. According to the same report, these deaths are the result of the absence of measures that ensure occupational safety and health in the marble and granite industry. The Committee hopes the Government will provide with its next report more ample information on the measures adopted with a view to reinforcing occupational safety and health measures in this industry. The Committee will examine these questions comprehensively in 2002 along with the rest of the information requested from the Government in its 1999 observation.

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