Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

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

1. The Committee notes the comments of the Union of Workers in the Road Transport of Liquids and Gases, Oil Derivatives and Chemical Products (SINDILIQUIDA/RS), which were received with the attachments on 4 October 2007 and sent to the Government on 8 November 2007. It notes that these observations relate to the alleged non-observance of the following Articles of the Convention: Article 9, System of inspection and penalties; Article 16, paragraph 3, Protective clothing and protective equipment; Article 17, Collaboration between enterprises engaged in activities simultaneously at one workplace; Article 18, Measures to deal with emergencies and first-aid arrangements; Article 19(d), Training of workers and their representatives; and Article 20, Cooperation between management and workers. The Committee requests the Government to reply to the comments of the SINDILIQUIDA/RS.

2. The Committee refers to its previous comments concerning the Government’s reply to the observations made by several unions from various industries and it once again requests the Government to provide comments on the following issues.

3. Footwear industry. The Committee notes the information provided in reply to the observations of the Democratic Federation of Shoemakers of the State of Rio Grande do Sul and the Union of Workers of Irmãos and MRRO Reuter, including information on inspections of enterprises in the sector. It notes that, according to the regional inspection office, working conditions in such enterprises in the State of Rio Grande do Sul are currently improving, as demonstrated by the statistics provided. Noting that these improvements appear to contribute to greater effect being given to Article 7 of the Convention, under which the situation regarding occupational safety and health and the working environment shall be reviewed at appropriate intervals with a view to identifying major problems, evolving effective methods for dealing with them and priorities for action, the Committee requests the Government to keep it informed of any progress achieved in this respect.

4. Marble, granite and lime industry. The Committee notes the information provided in reply to the observation of the Union of Workers of the Marble, Granite and Lime Industry of the State of Espíritu Santo (SINDIMARMORE), according to which the mortality rate from employment 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 the positive results achieved through various activities undertaken to improve the general situation relating to occupational safety and health. Nevertheless, as recognized by the Government, the mortality rate still remains high, especially in the extraction of stone, sand and clay industries, despite the efforts made, including the targeting of mining in the annual inspection objectives for state and regional inspectorates, such as those carried out in the States of Minas Gerais and d’Espíritu Santo. The Committee would be grateful if the Government would continue to provide information on the measures taken and the results achieved in improving the overall occupational safety and health situation in the marble, granite and lime industries.

5. The fishing sector. The Committee notes the information provided in reply to the observations of the Union of Fishers of Angra dos Reis, including the indication that the Government is in the process of improving the effectiveness of the inspection services by targeting inspection on particularly hazardous activities. Accordingly, the Ministry of Labour and Employment has given priority to inspections in the fishing sector. The Committee notes the Government’s statement that working conditions in the sector have been considerably improved. It notes with interest the reference made by the Government to a major training programme for inspectors, particularly those responsible for the enforcement of occupational safety and health law, through a programme of training and further training for over 500 inspectors throughout Brazil covering such fields as ergonomics, occupational risk management, accident analysis methodology, rural work and monitoring of the strategies adopted. Noting that this initiative could have a positive impact that is not limited to the fishing sector, the Committee requests the Government to provide information in its next report on the results of these programmes and courses, as well as their impact on the occupational safety and health situation, not only in the fishing sector, but also in other sectors.

6. Public services. The Committee notes the information provided in reply to the observations made by the Federal Union of Public Service Workers of the State of Goiàs (SINDSEP-GO), including the indication that the impact of initiatives to improve occupational safety and health in the public sector employing the members of SINDSEP-GO has been limited, inter alia, because of the distribution of competences between the federal and local government in relation to the municipal and state public service, respectively. This limits the possibility for the labour inspectorate, which is under the responsibility of the Ministry of Labour and Employment, to take direct and effective action, with the result that its activities are difficult and dispersed. Noting the initiative to increase the representativeness of the Standing Joint Tripartite Commission (CTPP) through the inclusion of representatives of the public sector, the Committee hopes that appropriate measures will be taken to ensure the effective application of the Convention in public services and requests the Government to continue providing information on the measures taken and the results achieved in this respect.

7. Articles 1 and 2. Application of the Convention to all branches of economic activity and to all workers in the branches concerned. The Committee notes with interest the information provided on the efforts made by the Government to extend occupational safety and health protection to all Brazilian workers, inter alia, through legislation which also confers the right to such protection to workers in the informal economy. The Committee welcomes this initiative, which should have the effect of extending the scope of application of the Convention. It requests the Government to keep it informed not only of the progress achieved, but also of the manner in which this initiative is given effect in practice.

8. Articles 4 and 8. Formulation of a coherent national policy and consultation with the representative organizations of employers and workers on the formulation, implementation and periodic review of the national occupational safety and health policy. The Committee notes with interest that the Executive Inter-Ministerial Group on Safety and Health (GEISAT) published Inter-Ministerial Ordinance No. 800 of 3 May 2005, issuing the draft national occupational safety and health policy, which was formulated by the Group, for public consultation. The Committee also notes the Government’s indication that the CTPP has become a forum for active discussion and deliberation on occupational safety and health issues. The Committee welcomes this initiative, which could contribute to the more effective implementation of the national occupational safety and health policy and the prevention of accidents and injury arising out of, linked with, or occurring in, the course of work. The Committee requests the Government to describe the manner in which the most representative organizations of employers and workers were also consulted during the formulation of Inter-Ministerial Ordinance No. 800 of 3 May 2005. The Committee also requests the Government to keep it informed of any progress achieved in relation to the national occupational safety and health policy.

9. Article 9, paragraph 1. Adequate and appropriate system of inspection to ensure the enforcement of laws and regulations concerning occupational safety and health. The Committee notes with interest the information provided in the report relating to the adoption of Decree No. 4552 of 27 December 2002 approving the labour inspection regulations, which entrust inspectors with certain functions relating to the application of international treaties and conventions ratified by Brazil. The Committee also notes the indication that the inspection services are currently targeting the evaluation of employment risks and investigations following employment accidents. It further notes that there is now greater collaboration with the national Accident Prevention Commission. The Committee hopes that this progress will make it possible to give greater effect to the Convention and to improve the implementation of the national occupational safety and health policy. It requests the Government to keep it informed of the progress achieved in this respect.

10. Furthermore, the Committee notes the specific references made by the Government to the adoption of legislative and other legal texts relating to other Conventions covering the protection of workers in specific branches, such as agriculture. As this progress appears to be preparing the ground for a future ratification of the ILO Convention covering this field, the Committee invites the Government to examine the possibility of ratifying in the near future the Safety and Health in Agriculture Convention, 2001 (No. 184).

[The Committee is asked to reply in detail to the present comments in 2008.]