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

Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152) - Brazil (Ratification: 1990)

Further to its observation, the Committee requests the Government to supply information on the following matters, relating to the consolidated version of Regulatory Standard NR 29 of 17 April 2006.

Article 3, paragraphs (e) and (f), of the Convention. Lifting appliances and loose gear. The Committee requests the Government to supply the definitions corresponding to Article 3(e) and (f) of the Convention. With regard to paragraph (c), the Committee understands that this might be covered by NR 29.3.5.3 but requests the Government to clarify whether provisions exist which supplement this definition within the meaning of the Convention or whether NR 29.3.5.3 is applied within the meaning of the Convention.

Article 5, paragraph 2. Two or more undertakings engaged in activities simultaneously at one workplace. The Committee refers the Government to its comments on the application of the Occupational Safety and Health Convention, 1981 (No. 155), and the Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148), in which it dealt with this matter. The Committee requests the Government to supply information on the manner in which the legislation regulates the duty to collaborate when two or more employers undertake activities simultaneously at one workplace. It also requests the Government to provide information on the general procedures for such collaboration and, if applicable, to provide examples of this application in practice.

Article 13, paragraphs 5, 6 and 7. Protection against dangerous parts of machinery. The Committee understands that NR 12.3.8 gives effect to paragraph 5 but requires clarification regarding the provisions and articles which give effect to all three of these paragraphs. The Committee requests the Government to supply such information.

Article 17, paragraphs 2 and 3. Means of access. The Committee requests the Government to indicate the laws or regulations which give expression to these provisions of the Convention.

Article 18, paragraphs 1, 2 and 3. Adequate construction and maintenance, suitable attachments and markings. The Committee requests the Government to indicate the laws or regulations which give expression to these provisions of the Convention.

Article 20, paragraphs 1, 2 and 4. Holds or cargo decks. The Committee requests the Government to indicate the laws or regulations which give expression to these provisions of the Convention.

Article 22, paragraphs 2 and 4. Testing of lifting appliances and items of loose gear. The Committee requests the Government to indicate the laws or regulations which give expression to these provisions of the Convention.

Article 23, paragraph 2. Test features. The Committee notes that NR 29.3.5.10.1 provides for annual testing but that this provision appears to refer only to shore-based lifting appliances and loose gear. The Committee requests the Government to indicate the laws or regulations which prescribe the thorough annual examination, on shore and on board, referred to in Article 23(1) and the definition thereof referred to in Article 23(2).

Article 24, paragraph 2. Features of inspections. The Committee requests the Government to indicate the relevant laws or regulations which give expression to these provisions of the Convention.

Article 25, paragraphs 2 and 3. Register of lifting appliances and items of loose gear. The Committee notes the information supplied by the Government and requests the Government to provide further details on the relevant provisions.

Article 26, paragraphs 1(b), 2(a) and (b), and 3. Mutual recognition. The Committee requests the Government to indicate the relevant laws or regulations which give expression to these provisions of the Convention.

Article 27, paragraph 3. Marking of derricks. The Committee requests the Government to indicate the relevant laws or regulations which give expression to these provisions of the Convention.

Article 38, paragraphs 1 and 2. Prohibition on employing any worker without adequate instruction or training, and prohibition on the employment of young persons under 18 years of age in the cases indicated.  The Committee requests the Government to indicate the relevant laws or regulations which give expression to these provisions of the Convention.

Part V of the report form. Application in practice. The Committee requests the Government to continue to supply information on the manner in which the Convention is applied in practice. Furthermore, with reference to its comments on Convention No. 155 this year, in which it notes the campaign on occupational accidents, the Committee requests the Government to supply detailed information on the results of such a campaign in the sector covered by the Convention, indicating trends with regard to occupational accidents and the measures taken or contemplated to prevent them. The Committee also requests the Government to give a general description of any difficulties encountered or expected in relation to the application of the Convention in practice.