Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Labour Inspection Convention, 1947 (No. 81) - Brazil (Ratification: 1989)

The Committee notes the observations made by the National Association of Occupational Safety and Health Workers (ANAHST), received on 7 May 2014.

Article 6 of the Convention. Occupational health and safety officials. In its previous comments, the Committee requested the Government to send its comments on the observations made by the Health, Labour and Social Welfare Workers’ Union of the State of Rio de Janeiro (SINDSPREV/RJ) alleging that occupational health and safety officials were victims of discrimination.

The Committee notes that in its observations the ANAHST also alleges systematic discrimination against occupational safety and health officials engaged in the Federal Labour Inspection System. In this respect, the Committee notes the Government’s indication that occupational health and safety officials cannot be appointed to the role of labour inspector without having first been successful in a public competition. Their appointment to the position otherwise would not be in conformity with the law. This is therefore not discrimination, but rather compliance with the law in relation to public appointment. The exercise by such officials of any power not established by law would render the administrative act null and void on the grounds of lack of competency. The Committee notes this information.

Articles 20 and 21. Publication and communication of an annual report on the work of the inspection services. The Committee notes the statistics provided by the Government, as well as the Government’s indication that it has made efforts to ensure that the annual inspection report contains the information required by Article 21 and is transmitted in accordance with the provisions of Article 20. The Committee requests the Government to provide an annual report on the work of the inspection services in conformity with these Articles.