Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Safety and Health in Construction Convention, 1988 (No. 167) - Brazil (Ratification: 2006)

The Committee notes the communication of 28 August 2008 sent by the Single Confederation of Workers (CUT) and the Government’s reply of 3 March 2009. The CUT states that with the growth in the economy, civil construction has expanded significantly but has not been matched by investment in developing the labour force, so the amount of skilled labour has not kept pace with the expansion in the sector, adding to the weaknesses that already existed. The CUT lists the weaknesses as follows: (a) policies and measures for the sector overlook the informal economy and are therefore unrealistic; (b) registration of occupational accidents does not take account of undeclared workers, so accident figures in official registers do not reflect reality; and (c) very few occupational accidents are investigated, for example in 2006, of 31,429 accidents recorded only 330 were investigated. On the matter of suitable policies, the Government states that it has published a series of occupational accident indicators by sector of activity and federal unit allowing measurement of workers’ exposure to the risk levels involved by economic activity and also allowing suitable policies to be drawn up. With regard to the registration of accidents, this is done by the National Social Security Institute (INSS), which collects the relevant data by means of a special form known as an “occupational accident communication” (CAT). As to the investigations of accidents, the Government states that it is not possible to analyse all cases because the Ministry of Labour in charge of occupational safety and medicine has few inspectors. The Government further indicates that labour inspectorate provides an important stimulus for the formalization and improvement of working conditions and that in 2009, thanks to the inspectorate’s work, formal employment relationships were secured for 668,857 workers. On the matter of training, the Government states that training is provided through the Workers’ Protection Fund. The Committee has also studied these comments in examining the application of the Occupational Safety and Health Convention, 1981 (No. 155). With regard to the present Convention, it will deal with the observations at greater length at its next session, when it examines the Government’s first report, which has already been received. The Committee therefore asks the Government to provide information on the total number of workers in the construction sector, indicating to the extent possible the number of workers who have a formal employment relationship and the estimated number of those who do not. With regard to the latter, please indicate how they are taken into account for the purpose of: (a) preparing policies for the sector; (b) registering occupational accidents; and (c) training. Referring to the Government’s decision to treat the investigation of occupational accidents as a priority for 2009, noted by the Committee in its comments on the Occupational Safety and Health Convention, 1981 (No. 155), the Committee asks the Government to provide details of the activities undertaken and the results obtained in the construction sector.