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

Guarding of Machinery Convention, 1963 (No. 119) - Brazil (Ratification: 1992)

The Committee notes the information provided by the Government in reply to its previous comments.

The Committee takes note of the information that a tripartite technical working group was set up in the State of Sào Paulo to study the protection of mechanical press. The Government indicates that on the basis of the results of the work of this group, it could propose to the federal Government to extend these measures to the whole nation. The Committee also notes the adoption of Order MTb No. 393 of 1996, which provides for the methodology of work for the tripartite and bipartite system established to discuss and elaborate standards in the area of occupational safety and health.

The Committee requests the Government to indicate the results of the work of both the technical working group created in the State of Sào Paulo and of the tripartite and bipartite system.

In addition the Committee requests the Government to provide information on the following points. 

Article 11 of the Convention.  Further to its previous comments, the Committee hopes the Government will indicate the provisions or measures of a formal nature that ensure that no worker is required to use any machinery without the guards provided being in position and that no such guards are made inoperative.

Article 12.  Further to itspreviouscomments, the Committee hopes the Government will indicate whether the provisions adopted to give effect to the Convention have affected the rights of workers under national social security or social insurance legislation.

Article 14.  Further to its previous comments, the Committee hopes the Government will indicate whether the term "employer" also includes, where appropriate, the agent of the employer.