Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

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

The Committee notes the information provided by the Government in its last report. It notes with interest the various laws and regulations enclosed which have a direct and indirect bearing on the application of the provisions of the Convention, and the statistical information on occupational accidents. The Committee would like to draw the Government’s attention to the following points.

1. The Committee notes the Government’s reply to its previous comments based on the observations made by the Democratic Federation of Shoemakers of the State of Rio Grande do Sul and the Union of Workers in the Shoe Industry of Dois Irmãos and MRRO Reuter, which had denounced publicly the employers of the sector (the Brazilian Association of the Shoe Industry) for having put pressure on the federal Government to withdraw the classification as category three of the risk of the sector. The unions had indicated that, while seeking such withdrawal of the classification of risk of the sector, workers were not permitted to go away from their workplaces to rest rooms, humiliation imposed on workers by displaying publicly on walls the pictures of those who were absent from work due to illness, making workers work all day on Saturdays, threatening with dismissal of those refusing to work at night and on Saturdays.

2. In its reply, the Government indicates that the enterprises Calçados Maide Ltda, Dois Irmãos Ltda, Industria de Calçados Wirth Ltda, and H. Kuntzler Cia. Ltda, were inspected on several occasions during the period 1996 to 2000. It states that inspections were carried out regularly and companies were gradually improving their working conditions. The Government states that the information provided by the regional departments of Rio Grande do Sul, the state in which these undertakings were located, indicated that the irregularities identified previously were eliminated. The Government referred to an event held in Rio Grande do Sul on 28 October 1999, which it said was a success and had spin-off effects, including the initiation of discussion of the new Regulatory Standard No. 4 on the specialist service in occupational safety and health (SEST), currently under tripartite discussion prior to the drafting of a new law. This standard was to provide for the establishment of the collective SEST, for which a pilot project was already in operation, and its task was to guarantee good working conditions for particular groups of undertakings linked geographically and economically. One such pilot project was taking place in the region in which the abovementioned enterprises were located. It indicated that the collective SEST in Novo Hamburgo, RS, was fully operational.

3. In respect to the alleged change of classification of the level of risk in enterprises in the footwear sector without prior consultations with workers’ representatives, the Government states that since 1996 the Ministry of Labour had not amended any regulatory standards without the consent of the Standing Tripartite Commission with equal representation of parties (Comissão Paritária Permanente) that was set up pursuant to Ordinance No. 393. Representatives of the trade union federations participated in the Commission, which might not be to the liking of trade unions that were not members of the federations.

4. Concerning the comments of the trade union according to which the employers in the footwear sector had brought pressure to bear on the federal Government to change the category of risk from the third to the second classification, the Committee notes the Government’s statement that the National Classification of Economic Activities specified four "levels of risk" for enterprises by branch of activity. The footwear industry was classified at a level of risk "3", with the relevant legal ramifications. More recently the criterion of grading of risks for enterprises that was complained about, has been dropped by the Ministry of Labour and Employment. The new NR-5 on internal accident prevention commissions (CIPA), and NR-4 on specialist services in occupational safety and medicine, classified undertakings by economic sector and on that basis determined the size of the commissions, thus ceasing the use of the "level of risk" criterion complained about. The "level of risk" continued to be used for purposes of defining occupational accident insurance contributions, for welfare purposes and was defined on statistical criteria divided into three grades ("1", "2" and "3") with the footwear industry falling into the "big risk" level "2".

5. Please indicate, in practical terms, the implications for the occupational safety and health situation for workers in the footwear industry. The Committee would be grateful if the Government would continue to provide information on the results of inspection visits in the footwear industry and in particular enterprises mentioned above.

6. The Committee notes the information provided by the Government in reply to its observation of 2000 based on the comments submitted earlier by the Union of Workers from the Marble, Granite and Lime Industry of the State of Espíritu Santo (SINDIMARMORE). The Government states that the Ministry of Labour and Employment had adopted a number of measures regarding the working conditions in the mining, marble and granite sector with the intention of reducing the mortality rate resulting from industrial accidents in the sector. Among these it indicated the establishment of the National Standing Sub-Commission for Marble and Granite (SPNMG), with the objective of improving the working conditions in the sector. The Sub-Commission, made up of two workers’ representatives, two employers’ representatives and two government representatives, has been taking important decisions with the participation of the Ministry of Labour. Another measure referred to by the Government was the creation of an Internet page listing fatalities in the sector, together with broad tripartite discussion of joint action to be taken to reduce accidents. The Government also indicates the establishment of the Special Group to Support Inspection (GEAF), made up of inspectors assigned to the mining branch, and entrusted with the task of structuring strategic inspection procedures in the sector. Furthermore, annual macro-regional goals have been laid down for inspection and activities in states with extensive mining activity, in particular Minas Gerais, Espírito Santo and Bahia, with priority being given to the introduction of special inspection activities in the sector. The Government states that the continued activities conducted by the Ministry in the mining sector had produced positive results. The Government recalls that the Ministry of Labour and Employment had set itself the goal of reducing fatal industrial accidents by 40 per cent during the 1998-2003 period, and that, while there was an overall reduction of 23 per cent during the 1998-2000 period, a 50 per cent reduction was achieved in the mining sector. The Government considered that the rate remained high and that efforts continued to reduce it.

7. The Committee would be grateful if the Government would continue to provide information on the measures taken and results attained in improving the overall occupational safety and health of those working in the mining, marble and granite sector of activity, and in particular in reducing fatalities resulting from industrial accidents.

8. The Committee recalls that in one of its previous comments, it had requested the Government to provide information on the following points:

-  in respect of the points raised by the Union of Fishermen of Angra dos Reis and, in view of the Government’s intention to modify the inspection services so as to increase the effectiveness of the control of specific risks inherent in certain occupational activities, the Committee had requested the Government to pay special attention to the question of workers employed in the fisheries sector and the monitoring of their safety and health condition and to indicate the progress made in this respect;

-  in respect to the comments made by the Federal Union of Public Service Workers of the State of Goiàs (SINDSEP-GO), the Committee had requested 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;

-  in respect to 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 had requested the Government for information on progress attained in respect of the implementation of the Convention given the Government’s statement that a pluri-annual plan had been drawn up (1996-99) with a view, inter alia, to 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.