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

Occupational Safety and Health Convention, 1981 (No. 155) - Portugal (Ratification: 1985)

1. The Committee takes note of the information supplied by the Government in its last report including the observations of the General Confederation of Portuguese Workers (CGTP).

2. Article 1, paragraph 1, of the Convention.  Scope of application: agricultural sector. The Committee notes the information provided by the Government that, pursuant to Council of Ministers Resolution No. 105/2004, the ongoing review of occupational safety and health legislation in the agricultural sector was to be completed by the end of October 2004. The Committee hopes that this means that the Government, in the near future, will be in a position to report progress made in adopting measures to ensure the application of the Convention to the agricultural sector.

3. Article 4, paragraph 1. National policy on occupational safety and health. The Committee notes the information supplied that the Government has reached an agreement with the social partners in 2001 which provides, specifically, for the drafting of a national plan of action for prevention to be implemented in the medium term and for improvement in occupational safety and health services. The Committee also notes that according to the CGTP, this national plan of action has not yet been adopted which, again according to the CGTP, constitutes a breach of this Article of the Convention. The Committee requests the Government to respond to this observation.

4. Article 11, paragraph (e). Publication of information on measures taken with regard to occupational diseases and other injuries to health. With reference to its previous comments the Committee notes the Government’s indications that according to section 6, paragraph 5, of Decree Law No. 441/91 it is required to disseminate information on policy measures adopted and the assessment of their results in relation to occupational accidents and illnesses. 

5. Part V of the report form. Implementation. The Committee notes the views expressed by the CGTP that as regards occupational safety and health, "the legal framework exists and is fairly adequate" but that "the problem lies in the widespread non-compliance with existing standards by those involved, in particular employers, and by the inability and a lack of political will on the part of the bodies responsible to enforce compliance". It requests the Government to respond to this observation in its next report and attach relevant extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the legislation, disaggregated by sex, if possible, the number and nature of the contraventions reported, and the number, nature and cause of the accidents reported.