Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Medical Examination (Fishermen) Convention, 1959 (No. 113) - Brazil (Ratification: 1965)

Articles 3 and 4 of the Convention. Medical examination for fishers – Validity of medical certificates. Further to its previous comment, the Committee notes the adoption of Decree No. 36 of the Ministry of Labour and Employment of 29 January 2008, adding Annex I on industrial and commercial fishing to Regulatory Standard No. 30 (NR-30) of the Ministry of Labour and Employment of 4 December 2002, concerning the safety and health of workers in the maritime sector. More concretely, the Committee notes that under section 5.1 of the new Annex I, shipowners are responsible for implementing the Medical Occupational Health Inspection Programme (PCMSO) with regard to fishers by carrying out regular annual check-ups for all fishers under the age of 18 years and over the age of 45 years, in accordance with Regulatory Standard No. 7 (NR-7). Regarding the validity of medical certificates, the Committee had previously drawn attention to Article 4(1) of the Convention, which requires annual medical examination for all fishers of less than 21 years of age, and asked for measures to be taken in order to bring the legislation into line with the Convention in this respect. However, following the adoption of the Work in Fishing Convention, 2007 (No. 188), which revises Convention No. 113 together with other ILO fishing instruments, it would no longer be required to amend the legislation as Article 12(2) of Convention No. 188 provides for a maximum validity of one year only for fishers under the age of 18. For the rest, Convention No. 188 essentially reproduces the provisions of Convention No. 113, while affording greater flexibility in respect of vessels which are less than 24 metres in length and do not normally remain at sea for more than three days. The Committee accordingly invites the Government to give favourable consideration to the new comprehensive standard on fishers’ working and living conditions and to keep the Office informed of any decision taken in this regard. It also requests the Government to indicate any measures taken as a follow-up to the Americas Regional Seminar on the ILO Work in Fishing Convention, held in Rio in August 2009.

Part V of the report form. Practical application. The Committee notes the statistical information provided by the Government according to which 808 inspection visits relating to occupational health and safety on board fishing vessels were conducted in the period 2008–10, resulting in 66 notices for failure to comply with the relevant legislation, including 26 notices concerning medical certificates. The Committee requests the Government to continue to provide up to-date information concerning the application of the Convention in practice.