Safety and Health in Mines Convention, 1995 (No. 176) - Portugal (Ratification: 2002)

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.

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

Previous comment on Convention No. 155 and its Protocol of 2002

Previous comment on Convention No. 176

Previous comment on Convention No. 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 Convention No. 155 and its 2002 Protocol (OSH), 176 (safety and health in mines), and 187 (promotional framework for OSH) together.

The Committee notes the observations of the General Confederation of Portuguese Workers - National Trade Unions (CGTP-IN), the General Workers’ Union (UGT) and the observations of Confederation of Portuguese Business (CIP) on Conventions Nos 155, 176 and 187, transmitted with the Government’s report.

The Committee notes the decision of the tripartite Committee set up to examine the representation submitted under article 24 of the ILO Constitution by the Trade 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).

A. 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)

Article 4(1) of Convention No. 155 and Article 3 of Convention No. 187. National policy on OSH and the working environment. Further to its previous comment, the Committee notes the information provided by the Government on the results achieved under the National Strategy for Safety and Health at Work 2015-2020 (ENSST 2015–2020), including: (i) the creation of forums in the construction, manufacturing and agriculture sectors to analyse accidents, identify specific needs and adopt concrete measures in these sectors; (ii) the provision of tools to support OSH risk assessments; (iii) the development of OSH training on protection against specific risks and in certain branches of economic activity; (iv) the approval of the OSH action plan for the public administration by Council of Ministers Resolution No. 28 of 2019; and (v) the development of OSH campaigns, including the dissemination of information on OSH legislation and best practices.

It also notes the observations submitted by the CIP, the UGT and the CGTP-IN on the evaluation of the ENSST 2015–2020, alleging that the objective of reducing the total number of occupational accidents and diseases was not achieved during the period under review. The UGT adds that there has been a significant increase in the number of reported occupational diseases, particularly diseases caused by physical agents, from 3,565 in 2015 to 12,571 in 2020. The UGT further indicates that the preparation of a new national strategy for safety and health from 2022–27 was suspended due to a lack of political will. The Committee requests the Government to strengthen its effort to prevent occupational diseases and to provide information on the reasons for the increase of diseases due to physical agents. It also requests the Government to provide information on the measures taken to ensure the formulation, implementation and periodic review, in consultation with the most representative organizations of employers and workers, of subsequent OSH strategies, including the measures taken to prevent occupational accidents and diseases, by minimizing, so far as is reasonably practicable, the causes of hazards inherent in the working environment, the interim evaluations of the strategies and the results achieved in this respect.

Article 11(e) of Convention No. 155, Article 3 of the Protocol and Article 4(3)(f) of Convention No. 187. Measures to improve the reporting of occupational accidents and diseases and mechanisms for the collection and analysis of data on occupational injuries and diseases. Further to its previous comment, the Committee notes the information provided by the Government on: (i) the collection of information on occupational diseases through the compulsory occupational disease reports; and (ii) the adoption of Decree Law No. 106 of 2017, which regulates the collection, publication and dissemination of official statistical information on occupational accidents. Pursuant to Decree Law No. 106 of 2017, employers are required to report occupational accidents to insurers, which in turn shall send this information to the government department responsible for labour statistics, which shall ensure the production and dissemination of official statistics on accidents at work (sections 3 and 6).

The Committee further notes the observations of the UGT indicating that there continue to be unsustainable levels of underreporting of occupational diseases and that the statistical sources of occupational accidents are outdated. The Committee notes that in their observations, the CGTP-IN and the UGT allege that the level of underreporting of occupational diseases in the country is very high and, as a result, many cases of occupational diseases are not diagnosed as such, but as natural diseases. The CIP also indicates that there is a need to improve the national systems for reporting occupational diseases and for collecting statistical data. The Committee requests the Government to pursue its efforts to improve the systems for the reporting, collection and analysis of occupational accidents and diseases. It also once again requests the Government to indicate how effect is given to Article 3(a)(ii) of the Protocol of 2002 concerning the responsibility of employers to provide appropriate information to workers and their representatives on the systems for recording occupational accidents and diseases. With respect to the reporting of occupational diseases, the Committee refers to its comments addressed directly to the Government regarding Articles 3 and 5 of the Occupational Cancer Convention, 1974 (No. 139), and Article 21(5) of the Asbestos Convention, 1986 (No. 162).

B. Protection in specific branches of activity

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

Article 3 of the Convention. Policy on safety and health in mines. With reference to its previous comment, the Committee notes that the Government indicates that: (i) the Directorate General of Energy and Geology (DGEG), in cooperation with other competent authorities, including the ACT, initiated the revision of Decree Law No. 162 of 1990, establishing the General Regulations on Safety and Health at Work in Mines and Quarries; and (ii) the DGEG periodically sends circulars to mine managers to reassess possible risk situations in mines.

The Committee also notes the observations of the CGTP-IN and UGT alleging that the extractive industries sector has one of the highest incidence rates of occupational accidents in the country (with an incidence rate of 18.2 accidents per 100,000 workers) and that despite inadequate health and safety conditions in the mines, companies do not invest in the protection of workers. The UGT further indicates that in the period 2020–22, nine workers have lost their lives and 85 cases of occupational diseases have been recorded in the mining sector. The Committee requests the Government to take measures to strengthen the implementation of the Convention with a view to ensuring safety and health in mining. It once again requests the Government to provide information on the formulation, implementation and periodic review, in consultation with the most representative organizations of employers and workers concerned, of a coherent policy on safety and health in mines, including the measures taken to address the incidence rate of occupational accidents and cases of occupational diseases in the sector.

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

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

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

Article 3 of the Convention. Policy on safety and health in mines. The Committee notes from the Government’s report that a National Strategy for Geological Resources – Mineral Resources (ENRG–RM) was adopted in 2012. This National Strategy sets out strategic goals, incorporated in an Action Plan to be implemented by 2020, which include the protection of workers’ safety and health, the promotion of adequate working conditions and social protection and the elimination or minimization of safety risks in mines and quarries that are abandoned or considered potentially dangerous. The Committee requests the Government to provide further information on the specific measures taken to achieve the objectives set out in the National Strategy and the Action Plan related to occupational safety and health. It also requests the Government to indicate the employers’ and workers’ organizations consulted in formulating the National Strategy and the Action Plan, how these consultations have been carried out and the results thereof.

Articles 5(1) and 16(b). Competent authority responsible for monitoring and regulating the various aspects of safety and health in mines. With reference to its previous comments, the Committee notes the Government’s indication that the Directorate-General of Energy and Geology (DGEG), under the Ministry of the Environment, Spatial Planning and Energy, is still responsible for the monitoring of the extractive sector, while the Working Conditions Authority (ACT), under the Ministry of Solidarity, Employment and Social Security, still supervises compliance with labour standards and occupational safety and health legislation. It also notes that in 2010 the DGEG and the ACT concluded a cooperation agreement with a view to increasing the effectiveness of inspection visits, evaluating safety and health plans and ensuring the exchange of information between the two entities, particularly on matters relating to occupational accidents. The Committee requests the Government to continue to provide information on coordination and cooperation between the DGEG and the ACT as regards the regulation and monitoring of the various aspects of safety and health in mines.

Article 7(c). Measures to maintain ground stability. The Committee notes the information provided by the Government concerning the interpretation of section 69 of Legislative Decree No. 162/90 approving the General Regulations on Safety and Health at Work in Mines, which states that mining operations must be protected by appropriate support structures, and that where experience confirms that the ground is solid, such support structures may be dispensed with, provided that appropriate monitoring is carried out. In this respect, the Government provides information on the methods and materials to maintain the stability of the ground in the application and interpretation of section 69. The Government indicates that although these methods are not explicitly referred to in the current legislation, inspection services consider them to be safe and reliable. It adds that one of the priorities of inspection services is to verify ground stability of worksites and access areas. In its observations, the CGTP–IN points to the lack of national provisions giving effect to Article 7(c) of the Convention. The Committee requests the Government to indicate the measures, taken or envisaged, to ensure that employers have a legal obligation to take steps to maintain the stability of the ground in areas to which persons have access in the context of their work.

Articles 7(i) and 8. Evacuation of workers to a safe location in case of serious danger to their safety and health. Emergency response plan. The Committee takes note of the observations of the CGTP–IN stating that the national legislation does not comply with the requirements of the Convention with regard to measures aimed at ensuring the rapid and safe evacuation of workers in the event of danger. The Committee requests the Government to provide its comments in respect of the observations made by the CGTP–IN.

Article 10(a). Training and instruction of miners. With reference to its previous comments, in which it noted the Government’s statement that considerable improvements had been achieved in the training and instruction of miners, the Committee notes the general information provided by the Government on the training of workers on safety and health matters. The Committee also notes the observations of the UGT in which it refers to ACT statistics on the number of work-related accidents and fatalities and identifies the lack of vocational training of miners as one of the causes of such accidents. The Committee requests the Government to give particulars of the practical measures taken and procedures established to ensure that employers in the mining sector provide, at no cost, adequate training and retraining as well as comprehensible instructions on safety and health matters and on the work assigned to workers.

Articles 10(c) and 13(1)(e). System whereby the names and location of persons underground can be known. Right of workers to remove themselves from any dangerous location. The Committee notes the information provided by the Government in its report in reply to its previous comments regarding the effect given to: Article 10(c) of the Convention on the establishment of a system whereby the names and location of persons underground can be known; and Article 13(1)(e) on the right of workers to remove themselves from any location posing a serious danger to their safety or health. The Committee requests the Government to continue to provide information on the application of these provisions in practice.

Article 13(1)(f). Right of workers to collectively select safety and health representatives. Mines and quarries of less than 50 employees. The Committee notes that pursuant to section 176 of Legislative Decree No. 162/90, occupational safety and health committees, including members elected by workers, shall be set up in mines and quarries of 50 or more workers. The Committee requests the Government to indicate how it is ensured that workers employed in mines of less than 50 workers have a right to collectively select safety and health representatives and to provide information on the procedures established for their selection.

Article 13(2)(b), (c), (e) and (f). Rights of safety and health representatives in mines. The Committee notes that according to the CGTP–IN, the rights listed in Article 13(2)(b), (c), (e) and (f) of the Convention are not guaranteed by the national legislation. The Committee once again requests the Government to give full particulars of the measures taken to ensure, in law and in practice, that safety and health representatives have the right to: participate in inspections and investigations conducted by the employer and by the competent authority at the workplace (Article 13(2)(b)(i)); monitor and investigate safety and health matters (Article 13(2)(b)(ii)); have recourse to advisers and independent experts (Article 13(2)(c)); consult with the competent authority (Article 13(2)(e)); and receive notices of accidents and dangerous occurrences (Article 13(2)(f)).

Application in practice. The Committee takes note of the observations of the UGT that in the mining sector, 1,674 work-related accidents and five fatalities were registered in 2010, while during the 2012–13 period, seven fatal accidents were reported. The UGT points at the widespread failure to comply with safety and security regulations and identifies several causes for these accidents, including labour-intensive work and long working hours, absence of collective and individual security measures to protect miners and lack of monitoring of working conditions in this sector. The Committee notes that, while the Government has provided statistical data in relation to workplace health and safety generally, the data is not disaggregated by sector. The Committee requests the Government to provide its comments in respect of the observations made by the UGT. It also requests the Government to give a general appreciation of the manner in which the Convention is applied in practice, including information specifically relating to the mining sector, on the number of workers covered by the relevant legislation, activities carried out by inspection services, statistics on work-related accidents and diseases in the mining sector (number, nature and causes) and information on measures, taken or envisaged, to address the causes of such accidents and diseases.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Articles 5(1) and 16(b) of the Convention. Competent authority responsible for monitoring and regulating various aspects of safety and health in mines. Appropriate inspection services. The Committee notes with interest the organizational changes that appear to reinforce technical competency in the inspection of mines. It notes in this connection that in 2006, occupational safety and health underwent basic restructuring, as a result of which the body now responsible for promoting improvements in conditions of work and supervision is now the Working Conditions Authority. It further notes that in 2007, the Directorate General of Energy and Geology was established, which oversees energy and geological resources and safety and health in mines; and that it has administrative autonomy and is involved in administration of the State under the Ministry of the Economy and Innovation, the Basic Act of which was issued by Legislative Decree No. 208/2006 of 27 October. In this context, responsibility for labour inspection is now shared by the Ministry of the Economy and Innovation and the Ministry of Labour. In 2007, pursuant to Orders Nos 535/2007 and 566/2007 of 30 April, duties were allocated and the Supervision and Regional Coordination Division was established by a notice published in the Official Journal of 29 November 2007 and is in charge of mining support and oversight. The Committee requests the Government to continue to provide information on coordination between these bodies, including information on the sharing of mining inspection duties between the Working Conditions Authority and the Supervision and Regional Coordination Division, and on overall responsibility for matters such as decisions to close and reopen a mine, and on the results achieved through the practical application of this reform.

Article 7(c). Measures to maintain ground stability. With reference to its previous comments, the Committee notes that, according to the Government, sections 27 and 29 of Legislative Decree No. 88/90, read in conjunction with section 69 of Legislative Decree No. 162/90, ensure application of this provision. Section 69 refers to “ground sustenance”. However, bearing in mind that, when applied, these provisions may give rise to different interpretations, the Committee asks the Government to provide information on the manner in which full compliance with this obligation is ensured, to reconsider the matter when revising its national policy, and to examine, with the social partners, the possibility of giving effect in a more explicit manner to this provision of the Convention, and to provide information in this regard.

Article 7(d). Provision of two exits, each of which is connected to separate means of egress to the surface. With reference to its previous comments, the Committee notes that according to the Government, section 36 of Order No. 198/96 establishes that in all underground mines there must be at least two exits of solid and stable construction, and the five underground mines currently operating meet this requirement.

Article 7(e). Monitoring, assessment and regular inspection of mines, and Part V of the report form. Practical application. With reference to its previous comments, the Committee notes the information supplied by the Government to the effect that the legislation is applied in the five underground mines; that in the mining companies supervision is carried out by persons appointed by the technical director and by officers and miners under the supervision of the mines engineer; and that the services of specialized and certified companies is enlisted, and these submit their reports to the labour inspectorate on the latter’s request. As to opencast mines, Legislative Decree No. 270/2001 of 6 October introduced more stringent requirements on the qualifications of technical officers and made submission of a safety and health plan mandatory.

Article 8. Preparation of specific emergency response plans. The Committee notes that in replying to its previous comments, the Government states: that according to section 151 of Legislative Decree No. 162/90, companies must have their own risk assessment systems and that Legislative Decree No. 324/95 requires employers to draw up a safety and health plan before operations begin; that the competent departments of the Ministry of the Economy and Innovation must provide technical guidance for enterprises in preparing safety and health plans, which must contain intervention scenarios for the most serious incidents such as fires, floods and explosions, this provision being compulsory for all extraction work. In addition, section 33 of Order No. 198/96 of 4 June establishes that without prejudice to the provisions of section 3 of Legislative Decree No. 324/95, employers must ensure that the safety and health plan provides for adequate measures to protect the safety and health of workers both in normal situations and in critical circumstances.

Article 10(a). Training and instruction of miners. The Committee notes that in reply to its comments, the Government states that there have been considerable improvements in this area, including an increase in ongoing and comprehensive instruction for miners, which was pioneered by the Neves-Corvo mine and has now been adopted by the country as a whole and applied in certain areas. The Committee requests the Government to continue to provide information on the practical application of this provision.

Article 10(b). Supervision of mine work. The Committee notes that the Government refers to section 3(5) and section 24(4) of Order No. 198/96 of 4 June, which contain rules on the supervision of workers in isolated posts and provides that such posts must be monitored at least once per daily work period. Each shift is monitored by means of radio transmitters and checks are carried out by appointed persons.

Article 10(c). System whereby the names and location of persons underground can be known. The Committee notes the information supplied by the Government which refers to various identification arrangements pertaining to this provision. The Committee reminds the Government that it is essential, regardless of the system, to know at all times the name and location of persons underground, and asks the Government to state whether the mechanisms currently applied allow these objectives to be met, and, if not, to reconsider the matter when reviewing the national policy and to examine, with the social partners, the possibility of giving effect to this provision of the Convention in a more explicit manner, and to provide information in this regard.

Article 13(1)(e). Right of workers to remove themselves from any location posing a serious danger, and Article 13(2)(b),(c),(e) and (f). Selection and duties of safety and health representatives in mines. The Committee notes that according to the Government, pursuant to section 274(2) of the Labour Code issued by Act No. 99/2003, workers are allowed to leave the place of work in the event of danger and that section 177(7) of Legislative Decree No. 162/90 makes the same provision. The Committee notes that the Government has sent no information on the practical application of this provision of the Convention, or on Article 13(2)(b),(c),(e) and (f), of the Convention, on which the Committee sought information in earlier comments. It again asks the Government to provide more extensive information on the practical application of these provisions.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the information supplied in the Government’s first report, the documentation attached to the report and the observations of the General Confederation of Portuguese Workers (CGTP). The CGTP raises objections about the application of the provisions on the evacuation of workers to a safe place when their health and safety are threatened, and the provisions to ensure that workplaces are healthy and safe (Article 7, paragraphs (c), (d) and (e), Article 8 and Article 10, paragraphs (a), (b) and (c)); the absence of special rules on safety and health representatives in mines; and the application of provisions on the selection and rights of health and safety representatives (Article 13, paragraphs 1 and 2(b), (c), (d) and (f)). In view of the above observations and the Government’s response to them, and having examined the Government’s first report, the Committee would appreciate receiving additional information on the following points.

2. Article 7, paragraph (c), of the Convention. Measures to maintain the stability of the ground. The Committee notes that, according to the CGTP, the specific provisions on health and safety in mines in the national legislation are not consistent with this Article of the Convention. The Committee notes in this connection that the regulations on health and safety in mines (Legislative Decree No. 162/90) appear to make no reference to steps to be taken in order to maintain the stability of the ground in areas to which persons have access in the context of their work. The Committee requests the Government to indicate the measures taken or envisaged to ensure that full effect is given to this Article of the Convention.

3. Article 7, paragraph (d). Provision for two exits, each of which is connected to separate means of egress to the surface. The Committee notes that in response to the CGTP’s observations on this matter, the Government refers to section 7(7) of Legislative Decree No. 162/90, and section 5 of Order No. 198/96 setting minimum standards on emergency exits, which appear to give effect to this provision of the Convention. The Government is requested to provide further information on the application of these provisions in practice.

4. Article 7, paragraph (e). Monitoring, assessment and regular inspection of mines and Part V of the report form. Practical application. The Committee notes that in response to the CGTP’s observations on this matter, the Government refers to sections 24, 39, 46, 130 and 44 of Legislative Decree No. 162/90, which contains provisions applying this Article of the Convention. In view of the CGTP’s observations, the Committee requests the Government to provide statistics and extracts of inspection reports, information on the number of workers covered by the legislation, disaggregated by sex, if available, the number and nature of contraventions reported and any information enabling the Committee to better assess the manner in which practical effect is given to the Convention throughout the country.

5. Article 8. Preparation of specific emergency response plans. The Committee notes that in response to the CGTP’s observations on this matter, the Government states that it sees no need to provide for specific measures in the event of emergencies in mines. The Committee requests the Government to indicate the measures taken or envisaged to ensure that full effect is given to this Article of the Convention.

6. Article 10, paragraph (a). Training and instruction of miners. The Committee notes that in response to the CGTP’s observations on this subject, the Government refers to section 278(1) of the Labour Code under which for high risk work, employers are required to provide ongoing instruction for workers. This provision is supplemented by section 217 of Act No. 35/2004, which provides that pursuant to section 278(1) of the Labour Code, account must be taken of the size of the enterprise and the specific needs in the event of emergency, and by section 6 of Legislative Decree No. 324/95, which specifies that miners are entitled to receive proper instruction. The Government is asked to provide more detailed information on the practical effect given to these provisions.

7. Article 10, paragraph (b). Supervision of mine work. The Committee notes that in answer to the CGTP’s observations on this subject, the Government refers to section 190 of the Labour Code containing general provisions on the organization of shift work. The Committee requests the Government to indicate the measures taken or envisaged to ensure that full effect is given to this Article of the Convention. 

8. Article 10, paragraph (c). System whereby the names and location of persons underground can be known. Section 45(1) of Act No. 198/96 stipulates that the names of workers who are underground must be known at all times. The Committee reminds the Government that according to Article 10, paragraph (c), of the Convention, a system must be established so that the names of all persons who are underground can be accurately known at any time, as well as their probable location. The Committee requests the Government to indicate the measures taken or envisaged to ensure that this Article of the Convention is fully applied.

9. Article 13, paragraph 1(e). Right of workers to remove themselves from any location posing a serious danger, and Article 13, paragraph 2(b), (c), (e) and (f). Selection and duties of safety and health representatives in mines. The Committee notes that in answer to the CGTP’s general observations on this matter, the Government refers to the general provisions of the Labour Code and the Legislative Decree No. 162/90, which appear to give effect to these provisions of the Convention. The Government is asked to provide more detailed information on the practical effect given to these provisions.