Maximum Weight Convention, 1967 (No. 127) - Portugal (Ratification: 1985)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comments: C.45, C.115, C.120, C.127, C.139 direct request and observation, C.148, C.155 and its Protocol of 2002, C.162 direct request and observation, C.176, C.184 and C.187

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 45 (underground work (women)), 115 (radiation), 120 (hygiene (commerce and offices)), 127 (maximum weight), 139 (occupational cancer), 148 (air pollution, noise and vibration), 155 and its 2002 Protocol (OSH), 162 (asbestos), 176 (safety and health in mines), 184 (safety and health in agriculture) and 187 (promotional framework for OSH) together.

The Committee notes the observations of the General Confederation of Portuguese Workers - National Trade Unions (CGTP-IN) and the General Workers’ Union (UGT) on Conventions Nos 115, 120, 127, 139, 148, 155, 162, 176, 184 and 187 and the observations of Confederation of Portuguese Business (CIP) on Conventions Nos 45, 155, 176 and 187.

Application of Conventions Nos 115, 120, 127, 139, 148, 155, 162, 176, 184 and 187 in practice. Measures to prevent occupational accidents and diseases. The Committee notes the comprehensive general and sectoral information provided by the Government in its reports regarding the application in practice of the OSH Conventions, including the number of inspection visits carried out, infringements detected, measures ordered to remedy the infringements and the number of occupational accidents and diseases reported from 2015 to 2021.

It also notes the information provided by the Government and the UGT on the National Strategy to Fight Cancer 2021–30, as well as on the awareness-raising campaigns carried out on protection against specific risks, such as the 2020–22 campaign on safe manual handling of loads to prevent musculoskeletal disorders.

Moreover, it notes the observations of the CGTP-IN and the UGT on the application in practice of Convention No. 120, alleging that musculoskeletal injuries are very frequent in the commerce and office sectors due to non-ergonomic workstations, as well as the observations of the UGT on the application of Convention No. 127, alleging an increase of musculoskeletal injuries due to manual handling of loads. The Committee requests the Government to continue to provide information on the application in practice of the ratified OSH Conventions, including the number, nature and cause of occupational accidents and diseases reported, as well as information on inspection activities conducted, violations detected, and sanctions imposed. It requests the Government to provide further information on the measures taken to: (i) implement Article 11 of Convention No. 120 on the arrangement of workstations; and (ii) ensure that no worker is permitted to engage in the manual transport of a load which is likely to jeopardise the worker’s health and safety, in accordance with Convention No. 127.

• General provisions

Occupational Safety and Health Convention, 1981 (No. 155), Protocol of 2002 to the Occupational Safety and Health Convention, 1981, and Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)

Articles 4 and 9 of Convention No. 155 and Articles 3 and 4(2)(c) of Convention No. 187. Enforcement system. 1. Adequate inspection strategy as part of the national OSH policy. Following its previous comments, the Committee notes the observations of the CGTP-IN and the UGT alleging that the deficiencies in the functioning of the Working Conditions Authority (ACT), which is the main body responsible for the implementation of the OSH strategies, do not allow for the achievement of the established objectives. The Committee once again requests the Government to provide information on the measures taken, in consultation with the most representative organizations of employers and workers, to ensure the effective enforcement of the legal provisions concerning OSH and the working environment.

2. Enforcement of laws and regulations concerning OSH and the working environment in the public sector. Further to its previous comment, the Committee notes the information provided by the Government on the amendments introduced to the General Law on Employment in Public Functions No. 35 of 2014 by Law No. 79 of 2019, whereby liability for non-compliance with the OSH rules set forth in the Labour Code (Law No. 7 of 2009) and complementary legislation is extended to public employers (section 16-E (1)) and the corresponding penalties are established (section 16-F). It also notes the information provided on the activities of the labour inspection services regarding OSH in the public sector from 2016 to 2021, including: (i) an increase in the number of inspection visits carried out (from 398 in 2016 to 606 in 2021); (ii) the number of infringements identified; and (iii) the number of orders issued, including orders for the suspension of work activities. The Committee notes this information, which responds to its previous comment.

Article 7 of Convention No. 155. Review of the situation regarding OSH and the working environment of the public security police. The Committee notes with regret that the Government has not provided any information on the measures taken to ensure the review of the situation regarding OSH and the working environment of the public security police. The Committee once again requests the Government to provide information on the measures taken to ensure the review, at appropriate intervals, of the situation regarding OSH and the working environment of the public security police, with a view to identifying major problems, evolving effective methods for dealing with them and priorities of action and evaluating results.

Articles 8, 16 and 20 of Convention No. 155. Laws and regulations giving effect to the national policy on OSH, responsibilities of employers and cooperation at the level of the undertaking. Further to its previous comment, the Committee notes that the OSH Law No. 102 of 2009, as amended, provides for (i) the obligation to consult workers and their representatives on measures taken by the employer to ensure OSH at the national and workplace levels (sections 8(1) and 18(1)); (ii) the employers’ responsibilities for workers’ safety and health in relation to workplaces, machinery, equipment and processes (section 15(2)(c)), chemical, physical and biological substances and agents (section 15(2)(f)), the provision of protective clothing and equipment (section 15(10)), as well as for (iii) cooperation between management and workers and their representatives in the undertaking (section 6(4)).

The Committee notes that the CGTP-IN reiterates its view that the amendments made to the OSH Law No. 102 of 2009, by Law No. 3 of 2014 weakened the protection of workers with respect to employers’ obligations on OSH. The Committee requests the Government to provide its comments in this respect.

Article 2(3) of Convention No. 187. Periodic consideration of measures that could be taken to ratify relevant OSH Conventions. Further to its previous comment, the Committee notes the Government’s indications that (i) the study on the feasibility of ratification of the Occupational Health Services Convention, 1985 (No. 161) has resumed after suspension during the COVID-19 pandemic; and (ii) further consultations with the social partners are being undertaken to update this study. The Committee requests the Government to continue to provide information on the consideration of measures that could be taken to ratify relevant OSH Conventions, including the progress made towards consideration of ratification of Convention No. 161 and the consultations held in this respect.

Article 4(3)(h) of Convention No. 187. Support mechanisms for the progressive improvement of OSH conditions in micro-enterprises, small and medium-sized enterprises and the informal economy. Further to its previous comment, the Committee notes the Government’s indications regarding the publication of tools on the ACT website to encourage small and medium-sized enterprises to assess OSH risks, and the development of OSH campaigns, including the dissemination of various information materials. The Committee requests the Government to continue to provide information on the support mechanisms established for a progressive improvement of OSH conditions in micro, small and medium-sized enterprises, as well as in the informal economy.

Article 5(1)(2) of Convention No. 187. Implementation, monitoring, evaluation and periodic review of the national OSH programme. Requirements. Further to its previous comment, the Committee notes the information provided by the Government on the results achieved under the National Occupational Health Programme 2018–20 (PNSOC 2018–20), including (i) the registration and analysis of notifications of biological risks; (ii) the issuance of licences for the practice of occupational medicine to duly trained professionals; (iii) the establishment of expert groups for the assessment of risks arising from carcinogenic agents; (iv) the provision of technical assistance for the drafting and revision of OSH legislation; (v) the development of seminars on protocols for monitoring workers’ health in relation to specific risks; and (vi) the establishment of recommendations on good OSH practices in the workplace, in close coordination with trade unions and professional associations.

The Government further indicates that the development of a model for the health surveillance of workers through the units of the National Health Service, foreseen in the PNSOC 2018–20, is pending. In this respect, the Committee notes the observations of the UGT alleging that (i) section 76 of the OSH Law No. 102 of 2009 on the obligation to carry out health surveillance of various categories of workers is not complied with in practice, and (ii) the lack of a national preventative safety and health culture is evidenced by the high rates of occupational accidents and diseases in the country. While noting that the Government does not provide information on the national OSH programme currently being implemented, the Committee requests the Government to provide information on the measures taken for the formulation, in consultation with employers’ and workers’ organizations, of subsequent national programmes in accordance with the requirements of Article 5(1) and (2). It also requests the Government to indicate how the evaluation conducted of the PNSOC 2018–20 contributes to the formulation of subsequent programmes, in particular on the progress made towards the development of a model for the surveillance of workers’ health through the units of the National Health Service.

• Protection against specific risks

Radiation Protection Convention, 1960 (No. 115)

Article 1 of the Convention.Legislation giving effect to various provisions of the Convention. In response to its previous comment, the Committee notes that the Government indicates that Decree Law No. 222 of 2009 was repealed by Decree Law No. 108 of 2018, which establishes the legal framework for radiation protection. In this respect, the Committee notes that Decree-Law No. 108 of 2018 designates the Portuguese Environmental Authority as the competent authority responsible for ensuring a high level of radiation protection (section 12); for individual monitoring (section 74); and for training (sections 55(2)(a)(c) and 64).

With respect to the request for information on paragraph 30 of the Committee’s 2015 General Observation under this Convention, the Committee notes the information provided by the Government on (i) the dose limits set out in Decree-Law No. 108 of 2018 for occupational exposure (section 67), for pregnant and breastfeeding workers (section 69); for persons between 16 and 18 years of age (section 68); and for occupational exposure during an emergency (section 128), which are consistent with the dose limits set out in the 2015 General Observation; (ii) the provision for radiological surveillance of workplaces (sections 78 and 81); and (iii) the provision for individual dose records (sections 75 and 76).

Article 12. Medical examinations. Further to its previous comment, the Committee notes that the Government indicates that, under Decree-Law No. 108 of 2018, the health surveillance of workers exposed to ionizing radiation includes an entry examination to determine the worker’s suitability for the functions to be performed, periodic examinations to determine whether workers are still medically fit to perform their functions (section 85(4)), as well as complementary examinations when the occupational health service deems it necessary for the purpose of health protection (section 89(1)). The Committee notes this information, which responds to its previous comment.

Maximum Weight Convention, 1967 (No. 127)

The Committee notes the information provided by the Government on Article 7 of the Convention, which responds to its previous request.

Articles 3 and 5 of the Convention. Maximum weight of loads transported manually by a worker. Steps to ensure adequate training in working techniques with a view to safeguarding health and preventing accidents. In reply to its previous comment, the Committee notes that the Government indicates that adequate training must be provided to workers exposed to the risks associated with the manual handling of loads under section 282(3) of the Labour Code, section 20(1) of the OSH Law No. 102 of 2009 and section 8(2) of Decree Law No. 330 of 1993 on the minimum safety and health requirements for manual handling of loads. It further notes that under Decree Law No. 330 of 1993: (i) the employer shall use appropriate means, including mechanical equipment, to prevent the manual handling of loads by workers and, where manual handling of loads cannot be avoided, the employer shall take appropriate measures to ensure that such handling is as safe as possible (section 4); (ii) the employer shall assess the risks posed by the manual handling of loads to the safety and health of workers and take the necessary corrective measures in this regard (sections 5 and 6). The Committee notes this information, which responds to its previous comment.

Occupational Cancer Convention, 1974 (No. 139)

Article 2(2) of the Convention. Limitation of duration of exposure. Further to its previous comment, the Committee notes the Government’s indications that under Decree Law No. 301 of 2000, which regulates the protection of workers against risks related to exposure to carcinogens or mutagens at work, as amended up to 2020: (i) the employer shall ensure that the exposure of each worker to carcinogens is not continuous and is limited to what is strictly necessary; and (ii) in activities where it is no longer possible to apply additional technical preventive measures to limit exposure, in particular maintenance, the employer must consult workers and their representatives so that the necessary measures are taken to reduce workers’ exposure to a minimum and ensure their protection during the performance of these activities (section 10). The Committee requests the Government to continue to provide information on the measures taken, in consultation with workers and their representatives, to ensure that the duration of workers’ exposure to carcinogenic substances or agents is reduced to the minimum compatible with their safety and health.

Articles 3 and 5. Appropriate system of records and medical examinations necessary to evaluate exposure and supervise the state of health in relation to occupational hazards. In response to its previous comment, the Committee notes with interest the information provided by the Government on the amendment of Decree Law No. 301 of 2000 by Decree Law No. 35 of 2020, which now provides for the obligation of the occupational health service to (i) carry out an occasional medical examination of the worker in situations where exposure to a carcinogen ceases due to termination of professional activity in the undertaking, including retirement, and (ii) transfer the worker’s medical records to the corresponding physician, which allows the occupational health service to continue to monitor the worker’s health, where applicable (section 12(10)). It also notes that Technical Guide No. 2 of 2018 on “Health surveillance of workers exposed to chemical agents that are carcinogenic, mutagenic or toxic to reproduction” sets out the instructions for carrying out medical examinations after cessation of professional activity involving exposure to carcinogens (point 7.2.2). The Committee further notes the Government’s indications that under Decree Law No. 301 of 2000, employers should organise data records and keep up-to-date files on reported and confirmed cases of occupational diseases (section 16(d)) and that these records must be kept for at least 40 years after the workers’ exposure to carcinogens has ceased (section 17(1)). The Committee requests the Government to pursue its efforts to ensure the implementation in practice of section 12(10) of Decree Law No. 301 of 2000. The Committee also requests the Government to provide information on the number of cases of occupational diseases caused by exposure to carcinogenic substances or agents recorded by year and sector of economic activity.

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Article 4(1) of the Convention. Legislation on the prevention and control of, and protection against, occupational hazards in the working environment due to air pollution. Further to its previous comment, the Committee notes the information provided by the Government on the amendments made to Law No. 37 of 2007 on the protection of citizens from involuntary exposure to tobacco smoke by Law No. 63 of 2017, in order to introduce a ban on smoking in workplaces (section 4(b)), establish the employer’s obligation to monitor the air quality of workplaces (section 20(a)), stipulate the corresponding sanctions (section 25) and the entity responsible for inspection (section 28(1)). The Committee takes note of this information.

Article 8(1) and (3). Criteria and exposure limits and regular revision of criteria. Further to its previous comment, the Committee notes the information provided by the Government on air pollution exposure limits, including various air contaminants. The Committee notes this information, which responds to its previous comment.

Article 14. Measures to promote research in the field of prevention and control of hazards. The Committee notes that the CGTP-IN reiterates that research in the field of prevention is not conducted with regard to air pollution, noise and vibration hazards. The Committee requests the Government to provide information on the measures taken or envisaged, in consideration of national conditions and resources, to promote research in the field of prevention and control of hazards in the working environment due to air pollution, noise and vibration.

Asbestos Convention, 1986 (No. 162)

The Committee notes the information provided by the Government, in response to its previous request on the measures taken to implement Article 14 of the Convention on the responsibility of manufacturers for the labelling of products containing asbestos.

Articles 1, 15 and 17 of the Convention. Scope of application and exposure to asbestos dust. Further to its previous comment, the Committee notes the information provided by the Government on the adoption of Law No. 63 of 2018 on the elimination of products containing asbestos fibres still present in buildings, installations and equipment. It notes that, under this Law: (i) the ACT, in collaboration with representative workers’ organizations and employers’ associations, shall draw up a plan for the identification of enterprises whose buildings, installations and equipment contain asbestos-containing materials (section 3(1)); and (ii) the removal of products containing asbestos fibres in buildings, installations and equipment shall comply with the established safety standards (section 4).

It also notes the information provided by the Government on the implementation of the asbestos removal programme in public and private institutions (section 174 of Law No. 24-D of 2022); the training provided regarding construction and demolition works containing asbestos; the joint inspection actions carried out on asbestos removal works; and the awareness-raising activities developed on asbestos removal processes. Noting an absence of information in response to its previous request, the Committee once again requests the Government to provide information on the application in law and in practice of the Convention in relation to workers who are exposed to asbestos in the workplace, even if they do not work directly with the substance.

Article 6(3). Consultation with the health services in preparing emergency procedures. Further to its previous comment, the Committee notes that the Government indicates that under the OSH Law No. 102 of 2009, the employer shall: (i) consult the workers’ representatives for safety and health on the measures to be taken in emergency situations (section 18(1)(b)); and (ii) prepare internal emergency plans, including specific plans for firefighting, evacuation of premises and first aid, in cooperation with the OSH services (sections 73(1) and 73b(1)(d)). It also notes the prevention and control measures in case of accidents, incidents and emergencies due to exposure to asbestos provided for in Ordinance No. 40 of 2014 (section 11(4) and Annex), as well as the indications on emergency measures and requirements for consultation with workers’ representatives contained in the Technical Guide No. 2 of 2018 on “Health surveillance of workers exposed to chemical agents that are carcinogenic, mutagenic or toxic to reproduction”. The Committee notes this information, which responds to its previous comment.

Articles 20 and 21. Occasional exposure to asbestos. Measurement of the concentration of airborne asbestos dust in workplaces and medical examinations. Further to its previous comment, the Committee notes that the Government indicates that under Decree Law No. 301 of 2000, as amended by Decree Law No. 35 of 2020, employers are required to assess the risk to the safety and health of workers in activities that may present a risk of exposure to carcinogens, including the determination of the concentration of the carcinogen or mutagen in the workplace atmosphere; and that this risk assessment must be repeated every three months when changes in working conditions occur, the occupational exposure limit value is exceeded or the result of health surveillance justifies the need for a new assessment (section 4(1)). Employers are also required to ensure the health surveillance of workers for whom the result of the assessment reveals the existence of risks (section 12(1)). The Committee notes this information, which responds to its previous comment.

Article 21(5). Notification of occupational diseases caused by asbestos. Further to its previous comments, the Committee notes the information provided by the Government on the system of notification of occupational diseases caused by asbestos established under Law No. 98 of 2009 regulating the system of compensation for occupational accidents and diseases, as amended by Law No. 83 of 2021.

It notes that under this Law, doctors shall report all clinical cases in which an occupational disease is presumed to exist to the department responsible for protection against occupational risks within eight days of the date of diagnosis or presumption of the existence of an occupational disease (section 142(1) and (3)), and that the competent service for protection against occupational risks must notify confirmed cases of occupational diseases to the employer and the competent authorities (section 143(1). The Government adds that by virtue of section 4(5) of the General Labour Law in Public Functions of 2014, the system of notification of occupational diseases set out in sections 142 and 143 of Law No. 98 of 2009 is applicable to workers in the public sector. The Committee further notes that the CGTP-IN reiterates its observations with regard to the under-reporting of occupational diseases related to asbestos exposure. The Committee requests the Government to provide its comments in this respect. Moreover, with reference to its comments on the application of Article 11(e) of the Occupational Safety and Health Convention, 1981 (No. 155), Article 3 of its Protocol of 2002 and 4(3)(f) of Convention No.187, the Committee requests the Government to continue to provide information on the measures taken to ensure the functioning of the system of notification of occupational diseases caused by asbestos.

• Protection in specific branches of activity

Underground Work (Women) Convention, 1935 (No. 45)

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018) decided, on the recommendation of the Standards Review Mechanism Tripartite Working Group, to confirm the classification of the Convention as outdated, and placed an item on the agenda of the 112th Session of the International Labour Conference (2024) concerning its abrogation.

Safety and Health in Mines Convention, 1995 (No. 176)

The Committee notes the information provided by the Government which responds to its previous requests concerning Articles 7(i) and 8 on evacuation of workers and emergency response plans, Article 10(c) on system whereby the names and location of persons underground can be known, Article13(1)(e) on the right of workers to remove themselves from any dangerous location, Article 13(1)(f) on the right of workers to collectively select safety and health representatives and Article 13(2)(b), (c), (e) and (f) on rights of safety and health representatives in mines.

Articles 5(1) and 16(b). Competent authority responsible for monitoring and regulating the various aspects of safety and health in mines. Further to its previous comment, the Committee notes that the Government indicates that (i) by virtue of Decree Law No. 30 of 2021, the ACT now intervenes in the approval of health and safety plans for mining concessions (section 29(1)(n)); (ii) under the General Regulations on Safety and Hygiene at Work in Mines and Quarries, Decree Law No. 162 of 1990, both the DGEG and the ACT may demand the stoppage of work activities, if necessary; and the resumption of work requires the authorization of both authorities (section 181); and (iii) the DGEG and the ACT continue to develop actions under the cooperation agreement between these entities signed in 2010. The Committee requests the Government to continue to provide information on the coordination and cooperation activities carried out between the DGEG and the ACT with regard to the regulation and control of the various aspects of safety and health in mines, including the actions undertaken in the framework of the cooperation agreement signed between the two authorities.

Article 7(c). Measures to maintain ground stability. Further to its previous comment, the Committee notes that the Government indicates that (i) measures for ground stability and safe access for workers are included in the safety and health plan for mining and quarrying concessions; (ii) whenever situations considered dangerous occur, the DGEG requires the implementation of measures to restore safe conditions, including the partial or total suspension of work, and/or the presentation of studies proving the stability and safety of the ground; (iii) the DGEG has intensified inspection actions to ensure ground stability; and (iv) under the Resolution of the Council of Ministers No. 50 of 2019, approving the intervention plan for quarries in critical situations, the quarries that presented risk situations have been classified into three categories of high, moderate and reduced, and measures have been established to restore safety conditions. The Government adds that by the end of 2021, 94 per cent of the quarries had complied with the measures prescribed and that measures to ensure safety conditions in the remaining 6 per cent of quarries had been implemented directly under the coordination and monitoring of the DGEG. While noting the information provided by the Government on the measures taken to ensure ground stability, the Committee once again requests the Government to indicate the measures adopted or envisaged to ensure that employers have a legal obligation to take steps to maintain ground stability in areas to which persons have access in the context of their work.

Article 10(a). Training and instruction of miners. Further to its previous comment, the Committee notes the Government’s indications that (i) in accordance with sections 15(4) and (5), 20 and 79(b) of OSH Law No. 102 of 2009, adequate OSH training is provided to workers taking into account high-risk activities such as mining, including the handling of explosive substances and cables in extraction and washing shafts; (ii) business associations in the mining sector provide regular OSH training sessions and organize awareness sessions on the importance of safeguarding safety, hygiene and health in mines; and (iii) this training is provided to workers of mining companies as part of their annual training programs, at no cost. The Committee requests the Government to continue to provide information on the measures taken to ensure that employers in the mining sector provide, at no cost to workers, training and instructions on safety and health in mines and on the work assigned to workers.

Safety and Health in Agriculture Convention, 2001 (No. 184)

The Committee notes the information provided by the Government in response to its previous requests on the measures to give effect to Article 13(2) on preventive and protective measures for the use of chemicals and the management of chemical waste, Article 16, on young workers and Article 19 on welfare and accommodation facilities.

Article 4(1) and (2)(c) of the Convention. Coherent national policy on safety and health in agriculture. Inter-sectoral coordination among relevant authorities and bodies for the agricultural sector. With reference to its previous comment, the Committee notes that the Government indicates that the national OSH policy, based mainly on the Labour Code and the OSH Law No. 102 of 2009, has as its main objective the prevention of occupational accidents, through the identification, assessment and control of occupational risks associated with all work-related aspects (section 15(2) of the OSH Law No. 102 of 2009), including the risks posed by physical, chemical and biological agents present in the material components of work in the agricultural sector.

In this respect, the Government indicates that within the framework of the National OSH Strategy 2015-2020, the following results were achieved: (i) the establishment of forums in the agricultural sector to analyse accidents, identify specific needs and adopt specific measures targeting this sector; (ii) the provision of tools to support OSH risk assessments in agriculture; (iii) the development of OSH training on protection against specific risks in agriculture; and (iv) the development and dissemination of information on employers’ OSH obligations in the agricultural and forestry sector and occupational risks in the use of tractors and chainsaws, including the practical guide on Occupational Health and Safety in the Agroforestry Sector.

Concerning intersectoral coordination between the competent authorities and bodies for the agricultural sector, the Government indicates that the Ministries of Labour and Health define and coordinate OSH policies in agriculture and ensure the application of legislation and promotional measures through the services of the State Administration, including the ACT, thus guaranteeing an integrated and coherent vision. The Government adds that the ACT applies a sectoral methodology that has allowed the identification and development of strategies to integrate occupational risk prevention in the agricultural sector and the promotion of campaigns to improve working conditions with the participation of the social partners.

The Committee further notes the observations of UGT, indicating that during the period from 2020 to 2022, 54 workers have lost their lives in the agricultural sector. The Committee requests the Government to strengthen its efforts towards the prevention of accidents and injury to health arising out of, linked with, or occurring in the course of work, through the elimination, minimization or control of risks in the agricultural working environment. It requests the Government to continue to provide information on the implementation and periodic review, in consultation with the representative organizations of employers and workers concerned, of a coherent national policy on safety and health in agriculture.

Article 5. Labour inspection services in agriculture. With reference to its previous comment, the Committee notes that the Government indicates that (i) between 2014 and 2021, labour inspectors received annual training on OSH rules in agriculture, temporary work and undeclared work; (ii) the number of labour inspectors has increased from 343 in 2013 to 457 in 2022; and (iii) the ACT information system and vehicle fleet have been renewed. The Committee refers to its comment under the Labour Inspection (Agriculture) Convention, 1969 (No. 129) on Articles 6(1)(a) and (b) and 21 concerning inspection activities in the agricultural sector.

Article 7(b). Adequate and appropriate training and comprehensible instructions on safety and health. The Committee notes the observations of the CGTP-IN alleging that migrant workers in the agricultural sector do not receive training taking into account their linguistic differences. The Committee requests the Government to indicate how it ensures that migrant workers in agriculture receive adequate and appropriate training and comprehensible instructions on safety and health and any necessary guidance or supervision, including information on the hazards and risks associated with their work and the action to be taken for their protection, taking into account their level of education and differences in language.

Article 12(c). Suitable system for the safe collection, recycling and disposal of chemical waste. Further to its previous comment, the Committee notes the information provided by the Government on the adoption of Decree Law No. 102-D of 2020 establishing the general waste management regime. In this respect, it notes the measures stipulated for the prevention and management of hazardous waste contained in sections 26(1), 57 and 58 of this Decree Law. The Committee notes this information, which responds to its previous comment.

Article 15. Construction, maintenance and repairing of agricultural installations. The Committee once again requests the Government to indicate the national laws, regulations and safety and health requirements that regulate the construction, maintenance and repairing of agricultural installations.

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

The Committee notes the observations of the General Workers’ Union (UGT) and the General Confederation of Portuguese Workers–National Inter-Unions (CGTP–IN), communicated with the Government’s report.

Articles 3 and 5 of the Convention. Maximum weight of loads transported manually by a worker. Steps to ensure adequate training in working techniques with a view to safeguarding health and preventing accidents. The Committee notes the observations of the CGTP–IN according to which the provisions of Legislative Decree No. 330 of 25 September 1993 on minimum health and safety requirements for the manual transport of loads, which transposed Council Directive 90/269/EEC of 29 May 1990 into law, focus mainly on risk analysis and prevention measures and do not prohibit the manual transport or handling of loads likely to jeopardize the safety or health of workers, as required by Article 3 of the Convention. The CGTP–IN also indicates that the requirements for the training of workers, provided in section 8(2) of Legislative Decree No. 330, appear to be insufficient to ensure that full effect is given to Article 5 of the Convention. The Committee requests the Government to provide its comments in this respect.

Article 7. Restriction on the assignment of women and young workers under the age of 18 years to manual transport. The Committee notes the Government’s indication that under section 57 of Act No. 102/2009 of 10 September approving the legal framework for the promotion of safety and health at work, amended by Act No. 3/2014 of 28 January, pregnant workers are restricted from the manual handling of loads involving a risk of back injury or exceeding 10 kg. The Government also states that section 72 of Act No. 102/2009 provides restrictions that the employer must comply with, which exclude young workers aged 16 years or over from activities involving the manual handling of loads exceeding 15 kg. In this regard, the Committee notes that in its observations, the UGT indicates that the legislation does not set load limit values for young workers aged 16 years or over and that the results of risk assessments by employers determine whether they are able to carry out activities involving the manual handling of loads exceeding 15 kg. The Committee also notes that the legislation referenced by the Government gives only partial effect to Article 7 of the Convention, as it does not appear to limit the assignment of all women – not only pregnant workers – to manual transport of loads other than light loads and does not provide that, for all women and young workers, the maximum weight of loads shall be substantially less than that permitted for adult male workers. The Committee requests the Government to take further measures to give full effect to the obligation to restrict the employment of all women in regard to the transport of loads other than light loads, and to establish that the weight of loads transported shall be substantially less for all women and young workers than that permitted for male workers, and to provide information in this respect.

Application in practice. The Committee notes that according to the statistical information provided by the Government, the number of notifications to implement corrective measures, issued with regard to the manual handling of loads, has drastically decreased over the years, going from 555 in 2009 to 45 in 2013, and the number of reported contraventions for penalties imposed were decreased from four and five in 2009 and 2010 to one in 2013. In this respect, the Committee notes the Government’s indication that the campaign on the manual handling of loads, carried out in 2007, significantly increased the amount of information available to inspection services, enterprises and workers, and that the low number of contraventions reported reflects an increase in understanding with regard to the hazards associated with the manual handling of loads. It also notes decision 3326/06.ITTLSB.L1.4, issued on 24 March 2010 by the Court of Appeal of Lisbon, on an injury due to excessive load handling. The Committee requests the Government to continue to provide information on the application of the Convention in practice, including on the total number of reported contraventions, including the number of contraventions for which penalties were imposed and to include summaries of the judicial decisions communicated, indicating, where possible, the Articles of the Convention relating to the decisions.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 7. Restriction on the assignment of women and young workers under the age of 18 years to manual transport. In its previous direct request the Committee noted that Act No. 35/ 2004 was not in conformity with this Article of the Convention and asked the Government to indicate measures taken to give effect to the obligation to restrict the employment of adult women and young workers in regard to the transport of loads other than light loads and to establish that the weight of each load shall be substantially less for women than that permitted for male workers. The Committee notes that, according to the Government’s most recent report, the Act referred to would have been repealed by section 12 of Act No. 7/2009 revising the Labour Code. The Committee notes, however, that the Government does not indicate the provisions nor the measures taken to give effect to Article 7 as regards women and young workers. With reference to its direct requests in 2002 and 2006, the Committee requests the Government to take the measures required to give effect to the obligation to restrict the employment of adult women and young workers in regard to the transport of loads other than light loads and to establish that the weight of each load shall be substantially less for women than that permitted for male workers.

Part V of the report form. Application in practice. The Committee notes the information provided by the Government, in particular regarding the activities carried out in the context of the European Week on Manual Transport of Loads in 2007, as well as the observations by the General Union of Workers (CUT) that this campaign continued in 2008 but that its national impact was not yet known. The Committee notes that, according to statistical data provided by the Government, 76, 414 and 197 breaches of provisions related to the Convention were registered for the three years 2006–08 respectively. The Committee requests the Government to provide further information on the impact of the campaign referred to above, on the measures taken to address the apparent increase in breaches, as well as any other relevant information on how the Convention has been applied in practice, including trends regarding registered breaches.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes the information contained in the Government’s report. It notes the adoption of Decree Law No. 99-2003 of 27 August 2003 approving the Labour Code, in particular section IV on safety, hygiene and health at work, which repeals Decree No. 107/2001 concerning light work. It also notes the adoption of Act No. 35/2004 of 29 July 2004 issuing regulations for the Labour Code.

2. Article 5 of the Convention, in conjunction with Part V of the report form. Training prior to assignment to manual transport of loads. With reference to its previous comments, the Committee notes that campaigns have been held on occupational hazards in the agricultural, construction, textile and pottery industries. Regarding the application of the Convention in practice, the Government indicates that manuals, brochures, prospectuses and posters have been distributed, particularly on manual transport of loads. The Committee invites the Government to continue to provide information on the manner in which the Convention is applied, giving, for example, extracts from reports of the inspection services and, so far as such statistics are available, information concerning the number and nature of contraventions reported.

3. Article 7.  Restriction on the assignment of women and young workers under the age of 18 years to manual transport. The Committee notes that section 60(2) of the Labour Code provides specifically that the performance of work whose nature or conditions are harmful to the physical, mental or moral development of children is prohibited or subject to certain conditions covered by special legislation. Sections 122 and 126(g) of Act No. 35/2004 prohibit young persons under 16 years of age from transporting loads exceeding 15 kg in weight. For minors aged over 16 years, section 122 provides that the employer must assess the nature, degree and length of exposure of the minor to the activities or work subject to conditions and take the necessary measures to avoid any risks. However, the Committee notes that the new legislation does not lay down a maximum weight limit that can be transported by young workers under 16 years of age or for women workers. Furthermore, it notes that Act No. 35/2004 makes no distinction between occasional transport, and regular transport or between young men and young women. In this regard, the Committee recalls that Article 7 of the Convention lays down restrictions on the assignment of women and young workers to manual transport of loads and that Paragraphs 21 and 22 of Recommendation No. 128 stipulate that “where the minimum age for assignment to manual transport of loads is less than 16 years, measures should be taken as speedily as possible to raise it to that level … with a view to attaining a minimum age of 18 years”. When women and young workers are assigned to manual transport of loads, the maximum weight should be substantially less than that permitted for male workers. In addition, the Committee recalls the ILO publication Maximum weights in load lifting and carrying (Occupational Safety and Health Series, No. 59, Geneva, 1998). The Committee requests the Government to indicate measures taken to give effect to the obligation to restrict the employment of adult women and young workers in regard to the transport of loads other than light loads and to establish that the weight of each load shall be substantially less for women than that permitted for male workers.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s last report, as well as the information supplied in response to its previous comments. It notes with interest the adoption of Legislative Decree No. 107 of 6 April 2001 concerning light work, which gives substantial effect to Article 7 of the Convention. The Committee nevertheless draws the Government’s attention to the following points.

1. Article 5 of the Convention, in conjunction with Part V of the report form. The Committee notes the Government’s indication contained in the Government’s last report that a campaign on occupational hazards in agriculture was held between April 1997 and April 1998. In the framework of this campaign, posters and brochures on the manual transport of loads have been issued, and a number of information and training activities have been carried out. Considering that such campaigns would constitute an important contribution to the implementation of the legislation, the Committee requests the Government to indicate whether such campaigns or similar activities have also been carried out in other branches of occupational activities. It invites the Government to continue to provide information on the manner in which the Convention is applied in practice.

2. Article 7. (a) Women. With regard to the maximum weight of loads that may be transported by women workers and regarding the indications contained in Paragraphs 15 and 16 of Recommendation No. 128 that women workers, as far as possible, should not be assigned to the regular manual transport of loads and that, where they are so engaged, the maximum weight of such loads should be substantially less than that permitted for adult male workers, the Committee notes the Government’s view that a total prohibition of the assignment of women workers to work involving the manual transport of loads would call into question the principle of equality for women in employment and ultimately contribute to limiting their employment opportunities. The Government further explains that the little difference in the maximum weight limits established by the national legislation for men and women is due to the fact that the maximum weight which may be transported by a male adult worker is already much lower than that advocated in Paragraph 14 of Recommendation No. 128.

(b) Young persons. As concerns the maximum weights that may be transported by young workers, the Committee notes section 2, paragraph 1, of Legislative Decree No. 107/2001, which lays down the principle that minors under the age of 16 may only carry out light work. According to section 2, paragraph 2, of this Decree, light work is defined as simple and well-determined work, which does not require physical or mental efforts likely to jeopardize the physical integrity and mental development of young workers. In addition, section 2, subsection 4, of Legislative Decree No. 107/2001, prohibits minors under the age of 16 from performing those activities and types of work that may be performed by minors over the age of 16 only under certain conditions. The activities and the types of work, which are subject to certain conditions, are listed in Annex II to the Legislative Decree No. 107/2001. Since the manual transport of load is indicated under paragraph II(a) of this Annex, the manual transport of loads is prohibited for minors under the age of 16.

With regard to young persons over the age of 16, the Committee notes that, pursuant to section 2, subsection 4, of Legislative Decree No. 107/2001, in conjunction with paragraph II(a) of Annex II, the maximum load that may be transported by a young worker of either sex aged 16 or 17 is 15 kg. Thus, the maximum weight limit established for young male workers corresponds to the limits for occasional and more frequent lifting of loads recommended in the ILO publication Maximum weights in load lifting and carrying, Occupational Safety and Health Series, No. 59, Geneva, 1988, but not the maximum weight limit established for women workers between 15 and 18 years of age. Due to the fact that Portuguese legislation does not establish a difference between either occasional regular transport or male and female young workers, the maximum weight established does not comply with the values recommended for women workers over the age of 16. In this context, the Government explains that the distinction between regular and occasional transport of loads has not been integrated into the national legislation, due to the fact that the manual transport of loads is considered, de lege ferenda, as work carried out by minors between 16 and 18 years of age is subject to certain conditions, and that the employer is therefore obliged to take appropriate measures to avoid any risk. The Government considers that these measures sufficiently ensure, beyond the safety and health of young persons, their physical balance and their mental development and thus meet the objectives set forth in Paragraph 24 of the Recommendation No. 128. As to the non-distinction between the sexes for the establishment of maximum weight limits, the Government indicates that the girls’ muscular and skeletal development normally occurs earlier than that of boys, which was decisive for fixing moderate maximum weight limits applicable to both sexes. In this respect, the Committee draws the Government’s attention to the information contained in the ILO’s Encyclopaedia of Occupational Health and Safety, 3rd revised edition, Geneva, 1983, where it is explained that, while women are less strong physically than men, and their capacity for sustained physical work is substantially lower, the attempt to carry excessive loads may suddenly raise their intra-abdominal pressure and cause disturbances of the blood circulation in the pelvic organs and lower limbs, menstrual disorders, etc. These disorders are more common if a woman has been carrying heavy loads from an early age.

In the light of this information, the Committee invites the Government to consider the establishment of different maximum weight limits for the manual transport of loads for female and male young workers between the ages of 16 and 18, to ensure the full application of Article 7 of the Convention.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

With reference to its previous comments, the Committee notes with satisfaction that section 8 of Legislative Decree No. 330 of 25 September 1993 to issue minimum health and safety requirements for the manual transport of loads, which is applicable to all branches of economic activity, provides that employers shall supply to the workers concerned, and to their representatives in the enterprise or establishment, information on: (a) the potential health risks arising out of the incorrect manner of undertaking the manual transport of loads; (b) the maximum weight and other characteristics of the load; and (c) the centre of gravity and the heaviest side when the contents of the load are not uniformly distributed in terms of weight. Section 8(2) provides that the employer shall ensure that the workers are provided with adequate training and accurate information on the correct manner of transporting loads.

The Committee notes that the above Decree also gives effect to the following provisions of the Convention:

Article 3. For loads weighing over 30 kilograms which are transported occasionally and loads weighing over 20 kilograms which are transported regularly, the employer has to evaluate the relevant aspects of the risk involved in the manual transport of the loads (section 5(1)(a)).

Article 4. With a view to reducing the risks involved, the available space, temperature and the unevenness, slope or instability of the ground shall be taken into account (section 5(2)). The physical effort required by the back, rest periods, large heights to which the load has to be lifted and the rhythm of work which is not under the control of the worker also have to be taken into account (section 5(3)).

Article 8. Workers and their representatives have to be consulted on the application of the provisions contained in Decree No. 330.

With reference to Article 7 of the Convention, the Committee notes that under the terms of section 3 of Decree No. 715/93, the maximum weight established for young men and women workers is 10 kilograms for persons from 14 to 15 years of age and 15 kilograms for persons from 16 to 17 years of age. In this respect, the Committee notes that for the purposes of the Convention the term "young worker" means a worker under 18 years of age. Furthermore, the Committee notes with interest that the maximum weights established for adult workers are 30 kilograms and 20 kilograms respectively for the occasional and regular transport of loads, which indicates that developments in ergonomics and occupational medicine have been taken into account; however, the Committee notes that the difference between the regular and the occasional transport of loads has not been taken into account when establishing the weights which may be transported by young workers. Nor has a difference been made between young male workers and young women workers.

With regard to women workers, the Committee notes that, although Decree No. 330 does not establish a difference between men and women workers with regard to the maximum weight of loads (30 kilograms and 20 kilograms respectively for the occasional and regular transport of loads), the Government states in its report that Decree No. 186/73 remains in force, section 3(c)(d) of which provides that work requiring the occasional manual transport of loads weighing in excess of 27 kilograms or the regular transport of loads weighing in excess of 15 kilograms is prohibited for women workers.

In this context, the Committee wishes to draw the Government's attention to the information contained in the Encyclopaedia of Occupational Health and Safety of the ILO on the maximum permissible weights for the manual transport of loads, according to which young persons of either sex are not suited to lifting loads and that physiological differences result in a different aptitude of women with regard to the manual transport of loads. The Committee also refers to Recommendation No. 128, in accordance with which, as far as possible, neither women nor young workers should be assigned to regular manual transport of loads, and where adult women workers are so assigned, the maximum weight of such loads should be substantially less than that permitted for adult male workers; similarly, the maximum weight of such loads for young workers should be substantially less than that permitted for adult workers of the same sex (Paragraphs 15, 16, 19 and 20).

The Committee hopes that the Government will continue to take measures to ensure, as far as possible, that women workers and young workers are not engaged in the manual transport of loads and to ensure that, when these categories of workers are engaged in the manual transport of loads, the limits which are established for the loads take into account medical knowledge in this respect, as has been done for adult male workers. The Committee requests the Government to continue supplying information on the progress achieved in this respect and to supply information on the effect given in practice to the provisions relating to the manual transport of loads, including, for example, extracts of the reports of the inspection services and, taking into account the capacity of the statistical services, information on the number and nature of the violations reported and the measures taken in this respect, etc. (Part V of the report form).

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

In its previous comments, the Committee noted that the national legislation only gives effect to the Convention with respect to women and to men workers above 16 years of age and working in the civil construction industry, while the Convention, in accordance with Article 2, applies to all workers in all branches of economic activity. The Committee nevertheless noted the Government's indication in its first report that it was conscious of the need to adopt legislation ensuring the application of the Convention in all sectors of economic activity. The Committee hoped that the planned legislation would also contain provisions relating to the following Articles of the Convention:

(a)Article 5 (training of workers in working techniques with a view to preventing accidents before their assignment to the manual transport of loads other than light loads);

(b)Article 7 (limited assignment of young workers of less than 18 years of age to the transport of loads other than light loads and of a weight substantially less than that permitted for adult male workers).

The Committee notes the Government's statement in its latest report that it is still conscious of the need to adopt legislation ensuring the application of the Convention to all sectors of economic activity and that the current revision of existing standards in the light of EC directives will provide the opportunity to include in Portugese legislation the provisions of the Convention that are not yet covered.

The Committee hopes that new standards will be adopted in this respect in the near future and requests the Government to indicate any progress achieved in this respect in its next report.