Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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

1. Further to its observation, the Committee requests the Government to provide information or clarification with respect to the following points.

2. Article 4 of the Convention. Formulation of a coherent national policy on occupational safety and health in consultation with employers’ and workers’ organizations. The Committee notes with interest that the Inter-ministerial Executive Group on Occupational Health (GEISAT) has issued the Interministerial Order No. 800 of 3 May 2005 through which the draft national policy of workers’ safety and health prepared by this Group was published for public consultation. Noting that this is a promising initiative to enhance cooperation at the institutional level which, no doubt, will contribute to more coherent actions in this area, the Committee requests the Government to describe the manner in which the most representative organizations of employers and workers also were consulted in the course of the preparation of this draft.

3. Article 9, paragraph 1. Adequate and appropriate system of inspection which secures the enforcement of laws and regulations on occupational safety and health. The Committee notes with interest the information in the report concerning the adoption of Decree No. 4552 of 27 December 2002 approving Regulations of the Labour Inspectorate and that these Regulations attribute inspectors with certain functions related to the application of international treaties and conventions ratified by Brazil. The Committee also notes the information that the inspection services are targeting activities related to the evaluation of risks at work and investigation of occupational accidents and that the collaboration with the Internal Commission of Accident Prevention is intensified. The Committee hopes that these developments will enhance the effect given to the Convention and improve the implementation of the national policy on occupational safety and health and requests the Government to keep it informed on the progress achieved in this respect.

4. The Committee also notes the Government’s specific references to recent adoptions of legislative or other texts related to other Conventions on workers’ protection in specific branches (agriculture, mines) or in respect of specific hazards (asbestos, guarding machinery, chemicals, major industrial accidents, etc.) and that these developments seem to pave the way for future ratifications of ILO Conventions in these areas. Accordingly, the Committee invites the Government to examine the possibilities for future ratification of the Safety and Health in Construction Convention, 1988 (No. 167), the Safety and Health in Mines Convention, 1995 (No. 176), and the Safety and Health in Agriculture Convention, 2001 (No. 184).