Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Articles 4 and 8 of the Convention. Formulation, implementation and periodic review of a coherent national policy for occupational safety and health (OSH), in consultation with the representative organizations of employers and workers. Referring to its previous comments, the Committee notes that on 22 February 2010 the Tripartite Committee on Occupational Safety and Health (CTSST) approved the national OSH policy. It notes with satisfaction that on 7 November 2011 the President of the Republic promulgated Decree No. 7602, whereby Brazil adopted its national OSH policy. The Committee notes the information concerning the extensive participation of the social partners in the formulation of this policy and that the policy is based on five principles: universality, prevention, precedence of promotion, protection and prevention over assistance, rehabilitation and reparation, social dialogue and comprehensiveness. Moreover, it notes that the mandate of the CTSST includes the periodic review of the national OSH policy, the formulation, monitoring and periodic review of the National Plan, the dissemination thereof and the coordination of OSH networks. The Committee requests the Government to continue to supply information on the application of its national policy and on the National Plan.

Articles 1 and 2. Application of the Convention to all branches of economic activity and to all workers in the branches concerned. In its previous comments the Committee noted a communication from the Single Confederation of Workers (CUT), indicating that informal work is a persistent problem, since a large number of workers are not declared and that, accordingly, policies are not geared to the real number of workers who should normally be covered by them. It also noted the Government’s reply indicating that the labour inspectorate plays a key role in taking action against undeclared work and asked the Government to continue to provide information on the measures taken, in consultation with the social partners, to extend OSH protection to all Brazilian workers. The Committee notes the Government’s indication that the issue of work in the informal economy is extremely complex and a source of concern for all sectors and that the economic revival of the country has enabled an increase in the formal economy, which in itself extends protection. It indicates that the health system is universal but that social security and protection relating to employment are mainly features of the private formal sector. The Government indicates that efforts have been made to extend the scope of application in certain aspects, for example with a view to extending social security cover for individual contributors without a formal employment relationship, and also through the creation of the “simplified plan for inclusion in the social security system” of Decree No. 6042 of 12 February 2007, which reduced the rate of social security contributions from 20 to 11 per cent of the minimum wage, thus benefiting self-employed contributors and reducing under-registration, as stated in its report on the application of the Occupational Cancer Convention, 1974 (No. 139). The Committee also refers to its comments on the application of the Safety and Health in Construction Convention, 1988 (No. 167), in which it notes similar comments from the trade unions and the Government’s statement concerning the drawing up of an indicator of real unemployment, which would contribute towards better identification of the number of workers who should be covered by the Convention. As regards the issue raised by the CUT regarding the extension of health coverage to workers in the informal economy, the Government indicates that this is not applicable under the existing system in which companies pay a tax as a way of partially financing employment injury benefits, and indicates that the abovementioned Decree created a bonus system for the reduction of contributions from enterprises which reduce their sickness and accident rate. The Committee notes that the national policy provides in its guidelines for the universality of its actions and provides for the adoption of a national plan on OSH, the formulation of which will begin this year. While noting the measures communicated by the Government to extend the scope of employment injury benefits, the Committee requests the Government to provide information on the manner in which its national plan on OSH takes account of workers in the informal economy, both in the estimation of the number of workers and in the proposed OSH measures.

Article 9(1). Adequate and appropriate system of labour inspection to secure the enforcement of laws and regulations concerning OSH. Petrochemical industry. Communication from the Rio Grande do Sul Union of Workers for the Road Transport of Liquids and Gases, Oil Derivatives and Chemicals (SINDILIQUIDA/RS). In its previous comments the Committee noted the communication from SINDILIQUIDA/RS and the labour inspection reports attached by the trade union. It noted the indications in these reports that, despite the vigilance of the labour inspection services of Rio Grande do Sul to enforce the relevant legislation, enterprises persist in failing to give effect to the laws and regulations relating to OSH, and this raised doubts as to whether the inspection system is appropriate and efficient. The Committee asked the Government to provide its assessment of the effectiveness of the means that exist to address the issues raised by SINDILIQUIDA/RS. The Committee notes that, as regards the Petrobrás company and compliance with the obligations established by Ruling No. 00075-2003-024-04-00-0 of the 24th Labour Division of Porto Alegre, to which the Committee referred in its previous observation, the Government provides a transcription of part of the record of the judicial hearing of 22 August 2008, noting that Petrobrás is complying with the points relating to the Articles mentioned above, and that the company has adopted prevention programmes. Furthermore, the Government indicates that it is taking follow-up action and that, according to a statement of 26 February 2010 from the Director of the Secretariat of the 24th Division which brought the case, there had been no statement to date from the parties concerned regarding the meeting that had been planned for 16 December 2009. As regards the Shell company, the report indicates that, as a result of action by the inspectorate in February 2009, six writs of infringement were issued for persistent non-compliance. The Committee notes with interest the work carried out by the labour inspectorate, whose reports show that there is up-to-date and detailed follow-up action in the situation which was the subject of the communication. The Committee will continue to follow up in future on the specific issues arising from this communication in its comments on the application of the Benzene Convention, 1971 (No. 136), and of Convention No. 139.

General issues relating to the application of this Article. The Committee refers to information in a report by the Government of 14 December 2007 which it noted in its comments on the application of the Chemicals Convention, 1990 (No. 170). On the one hand this report indicates that SINDILIQUIDA/RS supports its complaints by referencing the labour inspection reports and this therefore endorses the quality of the actions of the labour inspectorate. It also indicates that the penalties established in the legislation are insufficient, that the judiciary has, on occasion, overturned emergency measures ordered by the labour inspectorate, by accepting the employers’ argument that stoppage of the plant concerned would cause serious economic damage, without duly recognizing the hazards that continuation of these activities represents, and examples are quoted such as a judicial decision in Minas Gerais which determined that regulatory standards Nos 7, 9 and 18 did not apply to the members of the trade union of major construction workers SICEPOT in Minas Gerais. The document also indicates that the solution called for to obtain greater efficiency lies outside the competence of the Secretary of Labour Inspection, which has spared no effort to perform its task. The Committee wishes to emphasize that the application of the Convention, including this Article, is the Government’s responsibility and this requires joint efforts from both the legislative bodies and the law enforcement bodies. The Committee requests the Government to provide its assessment concerning whether the penalties established in law may be inadequate and concerning any court decisions which may constitute possible obstacles to the application of the measures prescribed by the Convention. The Government is also requested to provide information on the measures taken or contemplated in this regard.

Article 11(c). Occupational accidents and diseases – Notification procedures and annual statistics. In its previous comments the Committee invited the Government to take account of the issues raised by the CUT regarding the impact of undeclared work on occupational accidents statistics and to provide detailed information on the measures taken or contemplated to address the problems in this sphere, including in the construction, petrochemical and metallurgy industries. The Committee notes the detailed information from the Government concerning analysis of occupational accidents and the work of the labour inspectorate in the abovementioned sectors. It notes that, as regards the latter’s activity in OSH, 17.23 per cent was devoted to civil construction, whereas 0.05 per cent took place in the petroleum industry. As regards the system for the notification of occupational accidents, the Government indicates that information relating to the formal sector is based on notifications of occupational accidents (CAT) to the social security bodies, that the single health system (SUS) registers accidents involving workers covered by this system, and that the labour inspectorate always examines complaints of under-notification. The Committee requests the Government to continue to supply information on the new measures taken to address the issue of under-notification, including with regard to workers in the informal economy, with special emphasis on the sectors in which the labour inspectorate has recorded a high accident rate, such as the construction industry, and requests it to supply information on the continuing impact of measures for notification apart from the CAT system, to which it referred in its comments on Convention No. 139.

Article 15. Coordination between various authorities. Communication from the Union of Teachers, Federal District (SINPRO-DF). The Committee refers to the communication from the union and to the information supplied by the Government concerning the measures taken to settle the issues raised, which shows that the union has the possibility of intervening actively in discussions on OSH policies for its sector. The Committee also refers to the communication from the Union of Forensic Experts of the State of São Paolo (SINPCRESP) and the Government’s reply. The Committee notes that these cases appear to indicate – together with those to which it referred in 2009 – the existence of problems of application of the Convention in the public administration in various states in Brazil or in the various administrations. While remaining aware of the problems that the application of the Convention may pose in the federal states, the Committee emphasizes that the Government must adopt the appropriate measures to guarantee the application of ratified Conventions throughout its territory, and requests the Government to provide information on the measures taken to ensure the application of the Convention to the staff in all administrations and states, and to continue to supply information on the application of the Convention to the workers referred to in these two communications.

Article 17. Collaboration between enterprises engaged in activities simultaneously at one workplace. Referring to its previous comments, the Committee notes the Government’s indication that Regulatory Standard No. 9 concerning the Environmental Hazard Prevention Programme (PPRA) states in clause 9.6.1 that whenever several employers are engaged in activities simultaneously at the same workplace, they shall be obliged to take coordinated action to apply the measures provided for in the PPRA for the protection of all workers exposed to the environmental hazards concerned. The Committee requests the Government to indicate whether this standard applies to all workers in all branches of activity and to provide information on its application in practice.

The Committee is raising other points in a request addressed directly to the Government.