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

Occupational Health Services Convention, 1985 (No. 161) - Brazil (Ratification: 1990)

Articles 5 and 8 of the Convention. Occupational health services with functions that are adequate and appropriate to the occupational risks of the undertaking. Cooperation and participation on an equitable basis of the employer, the workers and their representatives. Communication from the Union of Teachers, Federal District (SINPRO-DF). In its previous comments, the Committee referred to a communication from the SINPRO-DF stating that: the health situation of teachers in the Federal District (DF) was very serious; there was a lack of preventive measures; very many illnesses were connected with the work administration, but they were not recognized by the medical services as being occupational illnesses; and the number of judicial proceedings relating to this subject had already exceeded 1,000. The Committee notes that, according to the Government, changes were made in the second half of 2010 in the district government, and the new Government published Decree No. 32795 establishing a new organizational structure made up of an under-secretariat of health, safety and welfare for public officials, a coordinating unit of occupational safety and health (OSH), an administrative unit promoting workers’ health, an administrative unit for mental health and preventive measures, and an administrative unit for workers’ safety. The statutes of these departments and the OSH policy are still being elaborated. The Committee notes with satisfaction the general and specific measures adopted by the Government in follow-up to the issues raised by the SINPRO-DF. As part of the general measures, the Government indicates that, in the sector of public teachers, there has been an increase in the participation of teachers and their representatives in the current administrative structure, and that this may be verified on the Internet site of the educational secretariat of the Federal District and that of SINPRO-DF. For example, various plenary meetings have been held on proposals for the democratic administration of education, resulting in a number of commitments from the education secretariat, such as the adoption of a more person-centred approach by the occupational safety and health directorate and a decentralization of its activities; the SINPRO-DF drafted a bill relating to the democratic management of education, considered an historical event for the workers; at the district level, a conference on democratic management was held, during which records of the discussions on the bill were drawn up, and subsequently discussed with deputies of the District Legislative Chamber. As part of the special measures, the Committee notes that, according to information submitted by the education secretariat of the DF, by means of official communication No. 477 of 3 May 2011, improvements have been made in the sector, such as: actions designed to improve precarious working conditions in 309 schools; protective, corrective and preventive actions in 14 regional teaching directorates, covering 65 teaching establishments; and finally the introduction of a health plan for all workers in the sector from January 2012 onwards. The Government concludes by stating that adjustment measures for the occupational health services for public servants in the Federal District in general, and teachers in particular, are under way. The Committee requests the Government to continue sending information on any developments in this respect including on the health plan for the sector, which, according to the report, will enter into effect in 2012 and, in particular, on the functions of the health services listed under Article 5 of the present Convention.

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