Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Occupational Safety and Health Convention, 1981 (No. 155) - Portugal (Ratification: 1985)

Follow-up to the recommendations of the tripartite committee (representation made under article 24 of the Constitution of the ILO)

The Committee notes that the Governing Body at its 319th Session, in October 2013, approved the report of the tripartite committee set up to examine the representation made by the Occupational Association of Professional Police Officers (ASPP/PSP) under article 24 of the ILO Constitution, alleging non-observance by Portugal of the Occupational Safety and Health Convention, 1981 (No. 155) (GB.319/INS/14/8). The Governing Body entrusted the Committee with following up on effect given to the conclusions of the report with respect to the application of Convention No. 155.

The Committee therefore requests the Government to provide information on the measures taken, in consultation with the social partners, to ensure the effective application of Convention No. 155 with regard to the Public Security Police (PSP), in law and in practice, in particular Articles 4, 8, 9, 16, 19(c) and (d), and 20. This should include measures to ensure the review of the situation regarding the occupational safety and health and the working environment of the PSP, taking into account their specificities, in accordance with Article 7 of Convention No. 155, with a view to identifying major problems, evolving effective methods for dealing with them and priorities of action, and evaluating results.

Representation made under article 24 of the Constitution of the ILO by the Union of Labour Inspectors (SIT)

The Committee also notes that a representation made under article 24 of the Constitution of the ILO was presented to the Governing Body by the Union of Labour Inspectors (SIT) alleging non-observance by Portugal of the Labour Inspection Convention, 1947 (No. 81), the Labour Inspection (Agriculture) Convention, 1969 (No. 129), and the Occupational Safety and Health Convention, 1981 (No. 155). At its 319th Session (October 2013), the Governing Body decided that the representation was receivable and appointed a tripartite committee to examine it (GB.319/INS/15/6). The representation is currently under examination.

Other matters relating to the application of the Convention

The Committee further notes the joint observations made by the International Organisation of Employers (IOE) and the Confederation of Portuguese Industry (CIP) on the application of the Convention, received on 1 September 2014, according to which Legislative Decree No. 126-C/2011 disestablished the National Council on Occupational Safety and Health, which was responsible for the evaluation of the National Occupational Safety and Health Strategy, and established the National Council for Solidarity, Social Insurance, Family, Rehabilitation and Volunteering policies. In this regard, the CIP highlights that it asked the Government to provide details on this new Council, namely with regard to its functions and responsibilities. The Committee requests the Government to provide its comments in this respect.

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous comments.

The Committee notes the National Occupational Safety and Health Strategy (SST) for the period 2008–12, which defines two key priorities: the development of coherent and effective public policies and the promotion of occupational safety and health (OSH). The strategy also sets the following ten objectives: (1) develop and strengthen a culture of prevention in accordance with the provisions of the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187); (2) improve the information systems and create a single model for the monitoring of occupational accidents; (3) include occupational safety and health systems in education; (4) boost the national occupational hazard prevention system; (5) improve the coordination of the competent public services; (6) enforce, improve and simplify the specific occupational safety and health standards; (7) implement the organizational model of the authority responsible for working conditions which brings together the promotion of occupational safety and health and labour inspection; (8) promote the application of the occupational safety and health legislation, in particular small and medium-sized enterprises; (9) improve occupational safety and health services; and (10) strengthen the role of the social partners in improving occupational safety and health conditions. Noting that objective 6 of the strategy includes the intention to ratify the Safety and Health in Construction Convention, 1988 (No. 167), the Safety and Health in Agriculture Convention, 2001 (No. 184), as well as the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), the Committee refers to the plan of action to achieve widespread ratification and effective implementation of the occupational safety and health instruments (Convention No. 155, its 2002 Protocol and Convention No. 187), adopted by the Governing Body in March 2010, and draws the Government’s attention to the possibility of requesting technical assistance from the Office in the context of the plan of action in order to achieve these objectives in the best possible conditions. Noting also that the strategy provides for an interim assessment as well as a final assessment of the implementation of the strategy, the Committee requests the Government to provide a copy of these assessments once finalized.

Article 4(1) of the Convention. National policy on occupational safety and health. The Committee notes the comments of the General Workers Union (UGT) attached to the Government’s report, as well as the Government’s reply. According to the UGT, most of the agreements concluded with the social partners, and included in the national action plan on prevention adopted in 2001, have not been implemented. The UGT hopes that the national occupational safety and health strategy will be a critical instrument that will lead to a thorough reworking of the OSH framework, which it regards as lacking. However, the UGT maintains that gaps and shortcomings persist and that the National Health Service is failing to fulfil its responsibilities to protect and monitor the health of workers. Furthermore, according to the UGT, although Portugal has a system of statistics on occupational accidents and diseases, the data are not up to date and are not reliable. For example, in the case of occupational accidents, there are several statistical sources but none are up to date. With regard to occupational diseases, the UGT indicates that the number of cases reported is lower than the reality. According to the Government, the alleged failings in the National Health Service were due to the lack of occupational physicians but this problem has now been solved by Decree No. 176/2009 establishing a degree course in occupational medicine. With regard to the statistics, it indicates that the Portuguese Insurance Institute (ISP) is responsible for compiling, processing and publishing statistics. The Government indicates that the type of data collected and points out that the statistics compiled are available on the ISP’s website (www.isp.pt). With regard to occupational diseases, the Government indicates that cases are published in an annual report on occupational diseases. With regard to the allegations made concerning the inadequacy of the statistics especially in relation to under-reporting, the Government indicates that this is a wider problem which requires the coordination of several bodies, such as the labour inspectorate, the occupational safety and health services within enterprises and the National Health Service. The Government also indicates that some physicians are not aware of the obligation to report cases. It indicates that a project to systematize statistics is being considered and that the country is participating in a European project on statistics of occupational diseases. Noting the matters raised by the UGT and the efforts made to overcome them reported by the Government, the Committee recalls that, under Article 4 of the Convention, the Government, in consultation with the social partners, should formulate, implement and periodically review its national policy on occupational safety and health (see also the General Survey of 2009 on occupational health and safety, paragraph 55). Regular review is a crucial step in ensuring that the effectiveness of implementation is assessed and areas for future improvement are identified. The Committee notes that the National Occupational Safety and Health Strategy for the period 2010–12 provides for an interim assessment as well as a final assessment, which fulfils the requirements of review contained in Article 4. The Committee therefore requests the Government to review, in consultation with the social partners, the matters raised by the UGT (especially the failure of the National Health Service to monitor the health of workers, failure to update statistics and reporting failures) in the context of the interim assessment of the strategy, to take all further steps that are necessary to facilitate the implementation of its national policy and to provide information in this regard.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

[The Government is asked to reply in detail to the present comments in 2015.]