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

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

1. The Committee notes the Government’s latest comprehensive report including information in reply to the Committee’s previous comments. The Government is invited to provide additional information on the following issues.

2. Articles 1 and 2 of the Convention. Application of the Convention to all branches of economic activity and to all workers in the covered branches. The Committee notes with interest the information provided regarding efforts by the Government to extend occupational safety and health protection to all Brazilian workers, inter alia, through legislation conferring the right to such protection also to workers in the informal economy of the country. The Committee welcomes this initiative, which holds an interesting promise of an increased scope of application of this Convention, and requests the Government to keep it informed not only of the progress achieved, but also of the manner in which this initiative is translated into practice.

3. Articles 4 and 8. Consultation with representative employers’ and workers’ organizations on the formulation, implementation and periodical review of the national occupational safety and health policy. The Government indicates that the Permanent Joint Tripartite Commission (CTPP) has become a forum for active discussion and deliberation on occupational safety and health issues; and that one of the issues under discussion is the question of enhancing the representativity of the Commission by including representatives of the public sector. The Committee welcomes this initiative which could contribute to an increasingly effective implementation of the national policy on occupational safety and health and the prevention of accidents and injury to health arising out of, linked with or occurring in the course of work. The Government is requested to keep the Committee informed of any developments in this respect.

4. The Committee notes the information provided by the Government in reply to its previous comments based on observations from several trade unions in different industries and invites the Government to comment on the following issues.

5. The shoe industry. The Committee notes the information provided in reply to observations from 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, including information on inspections of enterprises in this sector. It notes that according to the Regional Inspectorate Office, working conditions in such enterprises in the State of Rio Grande do Sul are improving, as is demonstrated by statistical data submitted. Noting that these improvements seem to contribute to an application of Article 7 of the Convention calling for a review of the situation regarding occupational safety and health at appropriate intervals with a view to identifying problems, developing effective methods for dealing with them and setting priorities of actions, the Committee requests the Government to keep the Committee informed of any developments in this respect.

6. The marble, granite and lime industry. The Committee notes the information provided in reply to observations from the Union of Workers from the Marble, Granite and Lime Industry of the State of Espíritu Santo (SINDIMARMORE) including the indication that the rate of mortalities caused by occupational accidents in the mining sector is decreasing and that this decrease appears to be statistically confirmed by data provided by the Government. The Committee also notes the information provided on positive results achieved through different activities undertaken in order to improve the general situation with occupational safety and health. Nevertheless, and as recognized by the Government, the level of mortality still remains high, especially in the extraction of stone, sand and clay industries in spite of the efforts made including targeting mining in the annual macro targets for the state and regional inspections such as those in the States of Minas Gerais and Espíritu Santo. 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 in the marble, granite and lime industries.

7. The fishing sector. The Committee notes the information provided in reply to observations from the Union of Fishermen of Angra dos Reis including the information that the Government is in the process of increasing the effectiveness of its inspection services by targeting its control of specifically hazardous activities and that accordingly the Ministry of Labour and Employment has prioritized inspections in the fishing sector. The Committee notes the Government’s statement that as a result, the working conditions in this sector have considerably improved. The Committee notes with interest the Government’s reference to a major training programme for its auditors-fiscal, especially those responsible for law enforcement in the area of occupational safety and health including refresher courses and advanced training for over 500 auditors-fiscal from the whole of Brazil on ergonomics, occupational risk management, accident analysis methodology, rural work and strategic auditing. Noting that the potential positive impact of this initiative would not be limited to the fishing sector, the Committee requests the Government to provide in its next report information on results of such programmes and courses as well as its impact on the occupational safety and health situation not only in the fishing sector, but also in other sectors.

8. The public services sector. The Committee notes the information provided in reply to observations from the Federal Union of Public Service Workers of the State of Goiàs (SINDSEP-GO), including the information that the impact of initiatives to improve the occupational safety and health in the public sector including the members of SINDSEP-GO, has been limited, inter alia, because of the distribution of competencies between federal and local government as regards the municipal and state public service respectively. This limits the possibility for the Labour Inspectorate of the Ministry of Labour and Employment to take direct and effective actions and their activities in this area become difficult and dispersed. Noting the initiative mentioned above (see paragraph 3) to consider increasing the representativity of the CTPP by including representatives of the public sector, the Committee expresses the hope that appropriate measures will be taken to ensure an effective application of the Convention in the public services sector and requests the Government to continue to provide information on the measures taken and results attained in this respect.

9. The Committee is also raising other matters in a request addressed directly to the Government.