Occupational Health Services Convention, 1985 (No. 161) - Brazil (Ratification: 1990)

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

In order to provide a comprehensive view of the issues relating to the application of ratified occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine Conventions Nos 136 (benzene), 139 (occupational cancer), 161 (occupational health services), 167 (OSH in construction), and 176 (OSH in mines) together.

The Committee notes the adoption of Act No. 13.467 of 2017 amending the Consolidation of Labour Laws (CLT). The Committee also notes that the Government indicates in detail the outcome of labour inspection activities, including the results of the action taken to correct the irregularities observed, in response to the Committee’s previous comments on Conventions Nos 136, 139, 167 and 176. With regard to the organization and provision of appropriate and adequate inspection services, the Committee refers to its detailed comment under the Labour Inspection Convention, 1947 (No. 81).

A. General provisions

Occupational Health Services Convention, 1985 (No. 161)

The Committee notes the observations of the International Organisation of Employers (IOE) and the National Confederation of Industry (CNI), those of the IOE received on 31 August 2017, and those of the CNI received on 29 August 2017, which emphasize that Act No. 13.467 of 2017 amending the CLT maintains the requirement for employers to take OSH measures.

Article 2 of the Convention. National policy. In its previous comment, the Committee requested the Government to provide information on aspects of the national OSH policy regarding occupational health services and the periodic consultation with employers’ and workers’ representatives on the subject. The Committee notes the Government’s indication in its report that, in the context of the adoption of the National OSH Policy (PNSST – Decree No. 7602 of 2011), the National OSH Plan (PLANSAT) was created, which is managed by the Tripartite OSH Committee (CTSST) (Inter-ministerial Decree No. 152 of 2008). The CTSST oversees the implementation of, and proposes the regular revision of, the PNSST and the PLANSAT. Furthermore, as part of the PLANSAT strategy for the coordination of government action on promotion, protection, prevention, assistance, rehabilitation and compensation with regard to occupational health, Action 3.1.8 on the inspection, supervision and promotion of OSH services in public and private institutions and enterprises was established. The Committee requests the Government to continue providing information on the implementation of a coherent national policy on occupational health services, including with regard to the implementation of Action No. 3.1.8 of the PLANSAT on occupational health services.

Article 3(1) and (2). Progressive development of occupational health services. In its previous comment, the Committee requested the Government to provide additional statistical information on the specialized occupational safety and medicine services, and on the consultations for the progressive development of such services. The Committee notes the Government’s indication that Regulatory Standard No. 4 (on specialized occupational safety and medicine services) establishes the parameters for the size of such services, and particularly the risk assessment of the main activity involved and the number of workers covered. The Government adds that, although the services cover only 1.5 per cent of private enterprises, other workers from the private sector can benefit from the same occupational health services by different means, such as the contracting of specialized enterprises or self-employed professionals. The Government also indicates that it is continuing to work on improving the information system for the compilation of data on this subject.

Articles 5 and 8. Adequate functions of occupational health services and participation of workers in OSH matters. Public sector of the Federal District. In its previous comment, the Committee noted the measures adopted to protect the OSH of teachers in the public sector, and requested the Government to continue providing information on the implementation of the health plan for the public sector in the Federal District. The Committee notes with interest the adoption of the integrated policy on the health of public servants (Decree No. 33.653 of 2012), the OSH manual for public servants in the Federal District (Decree No. 55 of 2012), which requires the State Secretariats of Public Administration Health and Education to establish multidisciplinary OSH teams, with the aim of promoting health and protecting the safety of public servants in the workplace, as well as the strengthening of the Health Care Institute for public servants in the Federal District.

B. Protection against specific risks

1. Benzene (Convention No. 136)

The Committee notes the information provided by the Government in reply to its previous comment on Articles 4 (prohibition of the use of benzene) and 8 (personal protective equipment), and on the application in practice of the Convention (court cases).

Article 2 of the Convention. Harmless or less harmful substitute products. The Committee notes that Annex 13-A (Benzene) of Regulatory Standard No. 15 (Unhealthy activities and operations), was amended by Decrees Nos 203 and 291 of 2011. Following these amendments, Regulatory Standard No. 15 establishes the mandatory registration with the OSH Department of the Ministry of Labour and Employment of all enterprises that use, produce, transport, store or handle benzene and liquid mixtures containing 1 per cent by volume or more of benzene. These enterprises must demonstrate that it is not technically or financially viable to use a benzene substitute in the Programmes for the Prevention of Occupational Exposure to benzene (PPEOBs). With regard to its previous comment on the application in practice of PPEOBs in the petrochemical sector, the Government indicates that Annex 13-A of Regulatory Standard No. 15 does not apply to the sector. However, Programmes for the Medical Supervision of Occupational Health (PCMSOs) and Programmes for the Prevention of Environmental Risks (PPRAs) provided for in Regulatory Standards Nos 7 and 9, respectively, guarantee the implementation of OSH measures in the sector.

Article 6(2). Concentration of benzene in the air of places of employment. In its previous comment, the Committee noted that dialogue was continuing in the National Standing Committee on Benzene (CNPB) to reduce the maximum value for the concentration of benzene in the air of places of employment. The Committee notes the Government’s indication that technical reference values of 2.5 and 1.0 ppm (for enterprises in the steel industry and other enterprises, respectively) are parameters for environmental control and not for occupational exposure. The Committee observes that section 6.2 of Annex 13-A of Regulatory Standard No. 15 provides that technical reference values shall refer to the time-weighted average concentration of benzene in the air, for an eight-hour working day. However, the Government indicates that it still intends to progressively reduce exposure levels through dialogue in the CNPB. The Committee requests the Government to continue its efforts to reduce exposure values to benzene and to continue providing information on the establishment, by the competent authority, of the maximum level of concentration of benzene in the air of places of employment.

Article 7. Enclosed systems. Removal of benzene vapour. With reference to its previous comment on the effect given to this Article of the Convention, the Committee notes the Government’s indication that, in accordance with section 6.1 of Regulatory Standard No. 15, every effort must be made to avoid the exposure of workers to benzene. Under section 5.5.2 of Regulatory Standard No. 9 (on the PPRAs), the examination, development and implementation of collective protection measures shall be in line with the following order of priorities: (a) to eliminate or reduce the use of hazardous substances; (b) to prevent the release or spread of such substances in the air of workplaces; and (c) to reduce the levels of concentration of such substances in the air of workplaces. The Government also indicates that all enterprises that use or produce benzene use enclosed systems, with the exception of analysis work carried out in laboratories and service stations that supply liquid fuel containing benzene. In this regard, the Committee refers to its comments on the application of Article 14 of the Convention.

Article 14(a). Legislative measures or other measures necessary to give effect to the provisions of the Convention. Petrochemical sector. With reference to its previous comment on the effect given to the provisions of the Convention with respect to workers who carry out work tasks involving the loading and unloading of fuel in the petrochemical sector, the Committee notes the Government’s indication that Regulatory Standard No. 20 on health and safety in relation to inflammable products and fuels regulates these activities. Furthermore, the Standing Joint Tripartite Committee (CTPP) is currently negotiating the adoption of an annex to Regulatory Standard No. 9 to establish minimum OSH requirements, including for the introduction of collective measures for the control of vapour at service stations that supply fuel. The Committee requests the Government to continue providing information on the measures adopted or envisaged, through legislation or any another method, in accordance with national practice and conditions, to give effect to the provisions of the Convention.

2. Occupational cancer (Convention No. 139)

The Committee notes the information provided by the Government in reply to its previous comment on Articles 1 (periodic determination of carcinogenic substances and agents), 2 (replacement of carcinogenic substances and agents), 3 (protection against the risks of exposure and system of records), 5 (evaluation of exposure or state of health in relation to occupational hazards), 6(c) (labour inspection in the petrochemical sector) of the Convention, and on the application of the Convention in practice.

Article 3 of the Convention. Protection against risks of exposure and system of records. In its previous comment, the Committee requested the Government to provide information on the maintenance and content of medical records on carcinogenic substances and agents other than benzene. The Committee notes that, in accordance with Regulatory Standards Nos 7 (on the PCMSO) and 9 (on the PPRAs), all employers are required to keep records of administrative and technical data on the implementation of the PPRAs and individual medical records of workers, for a period of 20 years after workers have left their employment (section 4.5.1 of Regulatory Standard No. 7).

Article 5. Evaluation of exposure or state of health in relation to the occupational hazards. In its previous comment, the Committee requested the Government to adopt the necessary measures to ensure that all workers exposed to carcinogenic substances or agents are provided with the medical or biological examinations, during or after their employment, as are necessary to evaluate their exposure and state of health in relation to occupational hazards. The Committee notes that, in accordance with sections 4.1 to 4.4 of Regulatory Standard No. 7, the PCMSOs provides for the mandatory medical examination of workers, including after employment.

C. Protection in certain branches of activity

1. Safety and health in construction (Convention No. 167)

Article 3 of the Convention. Consultation with the most representative organizations of employers and workers. Informal work. The Committee notes the statistics provided by the Government in response to its previous comment on informal work in the construction sector, and the consultations held in the Standing Regional Committees, the Standing National Committee, the CTPP and the Tripartite OSH Committee. Many consultations resulted in the National Commitment to Improve Working Conditions in the Construction Industry, the implementation of which is scheduled until 31 December 2018 and is accompanied by a standing tripartite roundtable, which is also responsible for the evaluation of the Commitment. The Commitment establishes, inter alia, guidelines for contractual formalization, recruitment and selection, as well as vocational training and qualifications.

Article 35. Appropriate inspection system. Application in practice. With regard to the inspection system, the Committee notes the Government’s indication that it gives priority to the construction sector, in which around 8 per cent of all occupational accidents occur, based on the latest statistics. The Government emphasizes the high risk of construction, in which accidents have a high rate of mortality and permanent disability in comparison with other activities. Consequently, in the construction sector, the labour inspectorate carries out 25 per cent of all activities to examine and investigate occupational accidents. The Committee requests the Government to continue its efforts to analyse the statistics on occupational accidents and diseases to establish the appropriate inspection programmes, and to continue providing statistics on occupational accidents and diseases that occur in the sector, including fatal accidents.

2. Safety and health in mines (Convention No. 176)

The Committee notes the information provided by the Government in response to its previous comment on Articles 3 (national policy), 5(1) (competent authority), 5(2)(c) and (d) (notification and investigation of accidents and dangerous occurrences, and disaster, compilation and publication of statistics on dangerous occurrences), 5(2)(e) (suspension and restriction of mining activities), 10(d) and (e) (investigation of and reports on dangerous occurrences), 9(d) (appropriate transportation and access to appropriate medical facilities in the event of injury or illness), 10(b) (adequate supervision and control on each shift), 11 (regular health surveillance of workers), 12 (two or more employers undertaking activities at the same mine), 13(1)(b) (right of workers to request and obtain inspections and investigations to be conducted by the employer and the competent authority), 13(1)(c) (right of workers to know and be informed of workplace hazards), 13(2)(f) (right of OSH representatives to receive notice of dangerous occurrences) of the Convention, and on the application of the Convention in practice.

Article 3 of the Convention. National policy. In its previous comment, the Committee requested the Government to provide information on the periodic review of the national policy on OSH in mines. The Committee notes the Government’s indication that the principle of the PNSST (Decree No. 7602 of 2011) is the universal promotion of OSH. The CTSST supervises the implementation of and proposes the periodic review of the PNSST and the PLANSAT. Furthermore, the Ministry of Labour and Employment coordinates the tripartite Standing National Committee for the Mining Sector (CPNM), which is of tripartite composition and has the specific objective of supporting the implementation of and proposing amendments to Regulatory Standard No. 22 of 2000.

Article 5(2)(e). Suspension and restriction of mining activities. In its previous comment, the Committee noted that, in accordance with Regulatory Standard No. 3, the competent authority could suspend or restrict activities on the grounds of safety and health. However, the Committee noted that the decision to suspend or restrict activities had to be based on a technical report prepared by labour inspectors and transmitted to the Regional Superintendent. In this regard, the Committee requested the Government to provide information on the possible obstruction of prompt action by procedural requirements in safety and health cases. The Committee notes with interest the court decision of January 2014, in accordance with which all labour inspectors have the authority to order immediately applicable measures in cases of serious and imminent risk. The Government indicates that the decision was the result of a public civil action (Case No. 0010450 12.2013.5.14.0008) initiated by the Labour Prosecution Office, which alleged the inconsistency of section 161 of the CLT with Article 13 of Convention No. 81. Moreover, Ministry of Labour and Employment Decree No. 1.719 of 2014 authorizes all labour inspectors to order immediate measures in cases of risk to the life, health or safety of workers. The Committee requests the Government to provide information on practical cases in which labour inspectors have requested immediate measures to be taken.

Article 10(c). Probable location and names of all persons who are underground. In its previous comment, the Committee requested the Government to provide information on the effect given to this provision of the Convention. The Committee notes that the Government has not provided information in this regard. The Committee once again requests the Government to provide information on the measures adopted or envisaged to ensure that employers establish a system which makes it possible to know, with precision and at any time, the names of all persons who are underground, and their probable location, in accordance with Article 10(c) of the Convention.

Article 13(1)(a). Right of workers to report accidents, dangerous occurrences and hazards to the employer and to the competent authority. In its previous comment, the Committee requested the Government to provide information on the effect given to this provision of the Convention. The Committee notes the Government’s indication that, in accordance with section 4.1 of Regulatory Standard No. 22, workers have a duty to inform their supervisors of situations that may present a risk to their health or the health of others, while the Convention provides that national laws and regulations shall confer or provide workers the right to report accidents, dangerous occurrences and hazards to the employer and to the competent authority. In this regard, in its General Survey of 2017, paragraph 282, the Committee emphasized that workers’ participation in matters relating to safety and health at the workplace is fundamental and integral to the achievement of a safe and secure working environment. In order to give effect to Convention No. 176, the participation of workers must be guaranteed as a right, and procedures should be established to facilitate the exercise of this right. The Committee requests the Government to provide information on the measures adopted or envisaged to establish procedures to facilitate the exercise of the right of workers to report accidents, dangerous occurrences and hazards to the employer and the competent authority, in accordance with Article 13(1)(a) of the Convention.

Article 13(2)(c). Right of workers’ representatives to have recourse to advisers and independent experts. In its previous comment, the Committee requested the Government to provide information on the effect given to this provision of the Convention. The Committee notes the Government’s indication that there are no provisions that give effect to this Article of the Convention, and that it would therefore be necessary to amend Regulatory Standard No. 22. The Committee requests the Government to take the necessary measures to ensure that OSH representatives have the right to have recourse to advisers and independent experts, in accordance with Article 13(2)(c) of the Convention.

Article 13(2)(f). Right of safety and health representatives to receive notice of dangerous occurrences. In its previous comment, the Committee requested the Government to provide information on the effect given to this provision of the Convention with regard to dangerous occurrences. The Committee notes the Government’s indication that, in accordance with sections 36.7 of Regulatory Standard No. 22 and 1.2.1.20.1 of the Mining Regulatory Standard, the Internal Commission for the Prevention of Accidents in Mining (CIPAMIN) must be informed of any significant changes in work processes and the working environment, including dangerous occurrences.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Referring to its observation, the Committee requests the Government to provide information on the following points.

Article 15 of the Convention. Informing occupational health services of occurrences of ill health among workers; relation between ill health and any health hazards which may be present at the workplace. The Committee notes the information provided by the Government replying to the questions posed by the Committee.

Article 2 of the Convention. Formulation, implementation and periodic review of a coherent national policy on occupational health services, in consultation with the most representative workers’ and employers’ organizations. In its previous comments the Committee examined a communication from the Union of Workers of the Chemical, Petrochemical and Allied Industries of Triunfo/RS (SINDIPOLO) and the Government’s reply. Recalling the provisions of Articles 1 and 5 of the Convention, the Committee asked the Government to take appropriate measures without delay to ensure better compliance with occupational safety and health standards to reduce the occupational accident rate in the petrochemical industry, and asked the Government to continue to provide information on any progress made in this regard. The Committee notes the Government’s indications concerning the action taken by the labour inspectorate in Río Grande Do Sul. The Committee points out that, in addition to the action of the labour inspectorate, the participation of the social partners in the periodic review of the health services policy, as provided for by this Article of the Convention, is essential for identifying the problems through dialogue and taking measures to solve them. The Committee requests the Government to provide information on the manner in which the national health and safety policy under discussion addresses the issue of the policy on occupational health services, including in the petrochemical industry and taking account of Article 5 of the Convention. The Committee also requests the Government to provide information on the consultations held with representatives of the employers and workers with a view to the periodic review of a coherent national policy on occupational health services, including representatives of the employers and workers in the petrochemical industry.

Part VI of the report form. Application of the Convention in practice and Article 3(1) and (2). Progressive establishment of occupational health services for all workers in all sectors and branches of economic activity. In its previous comments the Committee noted that on the basis of the general census of workers carried out in 2000, the total number of jobs in companies required to set up a specialist service for occupational safety and medicine (SESMT) amounted to 7,211,016 and that approximately 0.86 per cent of the total number of establishments were required to set up SESMTs while some 93.1 per cent of the total number of establishments were not required to do so. The Committee notes the Government’s indication that during inspections in enterprises compliance was also monitored with NR-4 concerning the SESMTs and that a substantial increase in the groups of workers covered by the SESMTs would entail amending NR-4, which in turn implies in-depth discussions with workers and employers. The Committee points out to the Government that dialogue with the representatives of the employers and workers to periodically review its national policy is precisely what is provided for in Article 2 of the Convention. The Committee notes that the information provided does not reply fully to its question and requests the Government to provide information on the proportion of workers covered by the SESMTs at the present time by comparison with the figures mentioned above, and on the dialogue maintained with the representatives of the employers and workers – for example, in the context of consultations relating to the national policy on occupational health services provided for in Article 2 of the Convention – in order to increase progressively the number of workers covered by occupational health services.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Articles 5 and 8 of the Convention. Occupational health services with functions that are adequate and appropriate to the occupational risks of the undertaking. Cooperation and participation on an equitable basis of the employer, the workers and their representatives. Communication from the Union of Teachers, Federal District (SINPRO-DF). In its previous comments, the Committee referred to a communication from the SINPRO-DF stating that: the health situation of teachers in the Federal District (DF) was very serious; there was a lack of preventive measures; very many illnesses were connected with the work administration, but they were not recognized by the medical services as being occupational illnesses; and the number of judicial proceedings relating to this subject had already exceeded 1,000. The Committee notes that, according to the Government, changes were made in the second half of 2010 in the district government, and the new Government published Decree No. 32795 establishing a new organizational structure made up of an under-secretariat of health, safety and welfare for public officials, a coordinating unit of occupational safety and health (OSH), an administrative unit promoting workers’ health, an administrative unit for mental health and preventive measures, and an administrative unit for workers’ safety. The statutes of these departments and the OSH policy are still being elaborated. The Committee notes with satisfaction the general and specific measures adopted by the Government in follow-up to the issues raised by the SINPRO-DF. As part of the general measures, the Government indicates that, in the sector of public teachers, there has been an increase in the participation of teachers and their representatives in the current administrative structure, and that this may be verified on the Internet site of the educational secretariat of the Federal District and that of SINPRO-DF. For example, various plenary meetings have been held on proposals for the democratic administration of education, resulting in a number of commitments from the education secretariat, such as the adoption of a more person-centred approach by the occupational safety and health directorate and a decentralization of its activities; the SINPRO-DF drafted a bill relating to the democratic management of education, considered an historical event for the workers; at the district level, a conference on democratic management was held, during which records of the discussions on the bill were drawn up, and subsequently discussed with deputies of the District Legislative Chamber. As part of the special measures, the Committee notes that, according to information submitted by the education secretariat of the DF, by means of official communication No. 477 of 3 May 2011, improvements have been made in the sector, such as: actions designed to improve precarious working conditions in 309 schools; protective, corrective and preventive actions in 14 regional teaching directorates, covering 65 teaching establishments; and finally the introduction of a health plan for all workers in the sector from January 2012 onwards. The Government concludes by stating that adjustment measures for the occupational health services for public servants in the Federal District in general, and teachers in particular, are under way. The Committee requests the Government to continue sending information on any developments in this respect including on the health plan for the sector, which, according to the report, will enter into effect in 2012 and, in particular, on the functions of the health services listed under Article 5 of the present Convention.

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

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

Article 5 of the Convention. Occupational health services with functions that are adequate and appropriate to the occupational risks of the undertaking. Article 8. Cooperation and participation on an equitable basis of the employer, the workers and their representatives. Communication from the Union of Teachers, Federal District (SINPRO–DF). The Committee refers to its comment on the Occupational Safety and Health Convention, 1981 (No. 155), in which it noted, inter alia, that SINPRO–DF affirms that the situation regarding the health of the teachers whom it represents is extremely serious and that occupational safety and health standards for the public sector, particularly education, are limited to leave of absence for illness and occupational rehabilitation, that is when the person concerned is already ill, but it maintains that there are no preventive measures. The Committee notes that, according to SINPRO–DF, in addition to the lack of preventive measures, the medical services repeatedly refuse to grant leave of absence for illness without even examining the patients concerned and it is extremely rare that they recognize the occupational origin of pathologies and they decide on early invalidity pensions to the clear detriment of the teachers in terms of the salaries they earn. The union also indicates that the period of sickness does not count towards accumulated service, which has an impact on holiday time and career progression, and that ultimately sick workers are penalized. SINPRO–DF indicates that the number of judicial proceedings relating to this subject already exceeds 1,000. It emphasizes the need for health services to identify and evaluate risks to health, monitor environmental factors at work, provide advice with regard to the planning and organization of work, promote improvements, and participate in analysis of occupational accidents. The union also calls for the application of Article 8 with regard to the worker participation provided for in this Article. The Committee notes that the Government has sent a report from the Under-Secretariat for the Management of Educational Professionals of the Government of the Federal District, which indicates that provision was made under Decree No. 29.021/2008 for a medical examination for admission to employment, a periodic medical examination for staff working in school canteens, that a programme for the periodic examination of all public employees is being drawn up, which was due to be implemented from May 2010 onwards, and that another programme – the “Better Health” programme – has been drawn up, which aimed at improving the health of employees and reducing absenteeism. The Committee notes that the Government does not provide any information on preventive measures of the health services or on the participation of teachers in the application of Article 8 of the Convention. The Committee requests the Government to take the necessary steps to ensure the full application of Articles 5 and 8 of the Convention in the sector concerned and to supply detailed information in this respect.

As the Government’s report was received too late to be examined at the present meeting, the Committee will examine it in detail at its next meeting, together with the reply to the present comments.

[The Government is asked to reply in detail to the present comments in 2011.]

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Further to its observation, the Committee notes the information provided by the Government in its latest report including a reply to its previous direct request.

2. Article 15 of the Convention. Information to give to occupational health services about illnesses among workers and relationship between illness and health hazards present at the workplace. The Committee notes from the Government’s report that, through the Single Health System and within the system of state and local health centres with specialist staff, the Ministry of Health is responsible for studying the relationship between health and work. The Committee notes, however, that the Government does not clarify how and on what basis the occupational health services (SESMT) are notified of occupational accidents and diseases of workers. The Committee hopes that the Government will take the necessary measures to give effect to this Article of the Convention.

3. Part VI of the report form. Application of the Convention in practice and Article 3, paragraphs 1–2. Progressive development of occupational health services for all workers, in all sectors and in all branches of economic activity. With reference to its previous comments the Committee notes from the Government’s report that the Ministry of Health, through the Single Health System, is responsible for undertaking the initiative to expand occupational health services to cover larger numbers of the working population and that this issue was being discussed in a permanent tripartite commission. The Committee also notes that the Government indicates there was no reliable data on the number of specialist services created as a result of the application of the provisions of the integrated system of labour risks prevention, due to changes in the number of companies, the number of employees in each and, especially, the vast size of Brazil. The Committee also notes the Government’s indication that available data concerns formal employment in Brazil, which represents some 21 million workers, and not the economically active population, estimated at 70 million workers. It also notes the statement that, based on a general census of workers in 2000, the total number of jobs in companies required to set up SESMTs amounted to 7,211,016 and that some 0.86 per cent of the total number of establishments were required to set up SESMTs while some 93.1 per cent of the total number of establishments were not required to do so. The Committee requests the Government to pursue its efforts progressively to increase the number of workers covered by occupational health services, to continue to report on any concrete measures taken in this respect, as well as any practical results obtained.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

1. The Committee notes the information provided by the Government in its comprehensive reply to the Committee’s previous comments formulated in connection with the observations made by the Chemical, Petrochemical and Related Industries of Triunfo/RS Trade Union (SINDIPOLO).

2. The Committee notes that the Government reports that in addition to the 12 inspection visits previously reported, another seven inspections had been carried out at the company Petroflex Industria e Comércio S/A and that, during these inspections, several technical and organizational infringements which had a direct impact regarding the current situation with safety and health at work were noted. The following infringements were noted during inspection visits in 2004:

n      lack of inspection at the correct intervals of pressure vessels (boilers) as well as correct documentation on the boilers, failure to establish the compulsory Internal Committee for Prevention of Accidents (CIPA) (visit in February);

n      failure to issue a notice of accident at work, lack of training of workers on emergency first aid, failure to record medical data in the medical file, failure to carry out the actions required under the Programme of Prevention of Environmental Hazards (PPRA) with subcontractors, failure to inform about risks to the CIPA of the subcontractors; failure to identify risks in the PPRA, failure to carry out quantitative evaluations of environmental agents, failure to hold special meetings of the CIPA when accidents occur, failure to adopt risk control measures (visit in August);

n      lack of safety belt, the inadequacy of Programmes of Prevention of Environmental Hazards, lack of environmental control measures, insufficient guarding of machinery, lack of risk assessment, guards poorly fixed to machines, lack of personal protective equipment or acquisition of inadequate equipment (visit in 2004).

3. The Committee also notes from the Government’s report that as a result of these infringements the following accidents had occurred:

n      the accident on 15 August 2004, when 27 tonnes of benzene were spilled on a neighbouring company, “Innova”. Twenty workers were affected, and officially recorded as victims. There was no prior evaluation of this possibility and no control measures were in place and there was neither information nor training of workers in this respect. The analysis of the accident revealed failures of risk assessment, failures of emergency planning, presence of a dangerous (flammable) substance without adequate control and management;

n      the fatal accident on 14 October 2004, of an employee of the subcontractor “Motrix” when the worker’s foot was caught in a rubber rolling press, from which the guard had been removed from the shaft and flanges, and he lost his foot and ankle because of failures to anticipate and detect risks, guards which had been removed, interference of ambient noise.

4. The Committee draws the Government’s attention to that Convention (Article 1) contains requirements for the establishment and maintenance of a safe and healthy working environment which will facilitate optimal physical and mental health relating to work as well as the adaptation of work to the capabilities of workers in the light of their state of physical and mental health and that, in accordance with Article 5, within a system of occupational health services for all workers, the functions of such services shall include: identification and assessment of the risks from health hazards in the workplace; surveillance of the factors in the working environment and working practices which may affect workers’ health; provision of advice on organization of work, including the design of workplaces, on the choice, maintenance and condition of machinery and other equipment and on substances used in work; advice on individual and collective protective equipment; participation in the development of programmes for the improvement of working practices as well as testing and evaluation of health aspects of new equipment; and, collaboration in providing information, training and education in the fields of occupational health and hygiene and ergonomics. The Committee requests the Government to take appropriate measures without delay to ensure that there is better compliance with occupational safety and health standards to reduce the occupational accident rate in this sector of activity, and requests the Government to continue to provide information on any progress achieved in this regard.

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

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

Article 3, paragraphs 1, 2, and 3, of the Convention. The Committee notes that the Government’s report does not contain replies to its previous comments concerning the Government’s earlier replies under Parts IV and V of the report form, where it had indicated its inability to specify the number of workers covered by the legislation applying the Convention. Please provide information on the measures taken or envisaged to monitor the number of workers covered by the legislation applying the Convention.

The Committee also notes the informationthat the Ministry of Labour is preoccupied by the increased growth of the number of enterprises in the informal sector, and that jointly with the Ministry of Health and that of Social Protection and Assistance, it has prepared a draft law aimed at creating a system of occupational health service covering these workers. This draft is currently in the hands of the legislative authorities and that the Government will inform the Office concerning its adoption. The Committee hopes this draft will be adopted soon and that a copy of the adopted text would be sent to the Office.

Article 15. Further to its previous comments, the Committee notes with interest the information that there is a chain of state and community health centres with specialised personnel exclusively dealing with enquiries into and handling of the aggravation of the health of workers. The information obtained is used to trigger visits by these specialized personnel at the workplace, aimed at establishing the links between the risks and the aggravation detected, and to involve the employers and the specialized services (where they exist), with a view to providing for corrective measures and for better respect of the protective legislation in the matter. The Committee reiterates its previous request to the Government to indicate the manner in which the specialized services in safety engineering and occupational medicine are informed of occurrences of diseases amongst workers and absences from work for health reasons, whether or not an occupational disease is registered, in order that they might better analyse the factors in the working environment which affect workers’ health. The Committee further requests the Government to indicate the measures taken or envisaged to ensure that the personnel in these services are not required by the employer to verify the reasons for the absence from work.

Part VI of the report form. Further to its previous comments, the Committee notes the information that it is impossible for the Government to give the number of specialized services created as result of Regulation No. NR4 because of the variation in the number of these enterprises, their duration of existence and the size of the country which hinders a reliable registration system. The Government further indicates that Act No. 8080 gives access to the workplace to the health surveillance body attached to the Ministry of Health without resulting in the creation of specialized services for the moment. The Committee would be grateful if the Government would indicate the measures it proposes to take to overcome the difficulties encountered and to ensure better monitoring of the practical application of the provisions of the Convention.

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

The Committee notes the comments made by the Union of the Workers from the Chemical, Petrochemical and Related Industries of Triufo/RS (SINDIPOLO) relating to the petrochemical enterprise Petroflex industry and Commerce S.C., and the replies made by the Government, in the context of the application by Brazil, of Convention Nos. 148, 155, 161, 170 and 174. The Committee has decided to deal with these comments under Convention No. 161.

The Union refers to the case of a worker who had suffered a heart attack while working for an enterprise, KS Kondorfer and Silva, which was a subcontractor of Petroflex, manipulating barrels weighing 200 kg full of chemical products in an area of work that was classified as a warehouse for chemical products. No assistance was available from Petroflex and the first assistance was provided far away from the workplace, where he was helped by other workers and taken by an outside ambulance service, and without being accompanied by a medical doctor of Petroflex. Neither the national standards of the Labour Code (CLT) and the regulations (NRs), nor those of the ILO were met in the subcontracted out activity of Petroflex where the situation was inadmissible in the context of high-risk activity. The main failures were the lack of pre-employment medical examinations, non-issuance of the declaration of occupational accident (CAT), and lack of adequate safety practices and drills and technical studies regarding the workplace. The Union pointed out that while workplace irregularities and accidents, including a fire in July 1995, were increasing, Petroflex was dismantling its technical staff, including in the area of occupational safety and health. It deplored the conditions of work of those working in subcontracting enterprises and it had even brought various cases before the negotiating table with Petroflex. Petroflex had refused outside interference in its management model. The Union blamed the deterioration of the conditions of work and more particularly of occupational safety and health in this major enterprise on factors such as its privatization, and the introduction of new management models (resignations, subcontracting and industrial automation).

For its reply, the Government indicated that it had relied upon data from the Federal Labour Inspection Service (SFIT), the communications of occupational accidents (CATs) made by the enterprise, and labour inspection reports for occupational safety and health. According to the communication from the Federal Labour Inspection Service, the enterprise had been inspected on 12 occasions during the period 1997-2002, and six of these concerned occupational safety and health. In 1998, three visits of inspection revealed irregularities of failure to inspect, initially, periodically and on extraordinary occasions, a pressure container, failure to secure the guards of a rolling bridge, failure to prevent hazards, failure to determine and signal to workers hazards, prohibitions, safety duties and procedures to be followed in cases of accidents, and failures relating to fixed guards on machines and equipment. In 2000 two visits of inspection were made which revealed workers entering workplaces and working without the foreseen safety precautions being respected, and the failure to adopt preventive occupational safety and health measures by the subcontracting enterprises. In 2002 one inspection visit was conducted which revealed the failure to carry out medical examinations of those returning back to work, failure to elaborate the required report on the safety measures taken during the year, failure to anticipate, recognize, evaluate and consequently control occupational risks that occur or could exist in the working environment, taking into account the need to protect the environment and natural resources, and failure to provide adequate guards for machines and equipment with repetitive action which present risks to the operator, failure to provide appropriate safety devices for starting them.

In respect of the death on 21 November 2000 of the employee of the enterprise KS Kondorfer and Silva, a subcontractor of Petroflex, the Government submitted the accident investigation report which confirmed death as a result of a heart attack while the victim was at work manoeuvring and moving barrels weighing 200 kg. According to this report, the worker suffered the heart attack at 1.30 p.m. approximately and arrived at a medical centre by ambulance at 2.10 p.m. where he received help until 3.15 p.m. when death was pronounced. The report also indicated that the enterprise KS Kondorfer and Silva did not present proof of a pre-employment medical examination of the worker, and that it had not made an ergonomic analysis of work that resulted in the accident to adapt the work to the worker and to meet requirements of maximum weight that may be lifted, transported and discharged by an individual.

The Government’s report indicated that an analysis of the occupational accident reports (CATs) for the period between February 2000 and April 2002 confirmed that 38 indicated Petroflex as the employer or place of accident. More than two-thirds of these CATs (26) had subcontractors as employers. Ten out of 38 CATs involved absence from work, and none of them involved absence from work of more than 60 days. The Government’s report indicated that these CATs did not constitute the total of CATs.

The Committee would be grateful if the Government could continue to provide information regarding occupational accidents occurring in the enterprises concerned, including the subcontracting enterprises, and information on the measures taken to ensure that there is better compliance with occupational safety and health standards which will hopefully reduce the occupational accident rate in the sector of activity.

In addition, the Committee is addressing a request recalling certain other points directly to the Government.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

Article 3, paragraphs 1, 2, and 3, of the Convention. The Committee notes that the Government's report does not contain replies to its previous comments concerning the Government's earlier replies under Parts IV and V of the report form, where it had indicated its inability to specify the number of workers covered by the legislation applying the Convention. Please provide information on the measures taken or envisaged to monitor the number of workers covered by the legislation applying the Convention.

The Committee also notes the information that the Ministry of Labour is preoccupied by the increased growth of the number of enterprises in the informal sector, and that jointly with the Ministry of Health and that of Social Protection and Assistance, it has prepared a draft law aimed at creating a system of occupational health service covering these workers. This draft is currently in the hands of the legislative authorities and that the Government will inform the Office concerning its adoption. The Committee hopes this draft will be adopted soon and that a copy of the adopted text would be sent to the Office.

Article 15. Further to its previous comments, the Committee notes with interest the information that there is a chain of state and community health centres with specialised personnel exclusively dealing with enquiries into and handling of the aggravation of the health of workers. The information obtained is used to trigger visits by these specialized personnel at the workplace, aimed at establishing the links between the risks and the aggravation detected, and to involve the employers and the specialized services (where they exist), with a view to providing for corrective measures and for better respect of the protective legislation in the matter. The Committee reiterates its previous request to the Government to indicate the manner in which the specialized services in safety engineering and occupational medicine are informed of occurrences of diseases amongst workers and absences from work for health reasons, whether or not an occupational disease is registered, in order that they might better analyse the factors in the working environment which affect workers' health. The Committee further requests the Government to indicate the measures taken or envisaged to ensure that the personnel in these services are not required by the employer to verify the reasons for the absence from work.

Part VI of the report form. Further to its previous comments, the Committee notes the information that it is impossible for the Government to give the number of specialized services created as result of Regulation No. NR4 because of the variation in the number of these enterprises, their duration of existence and the size of the country which hinders a reliable registration system. The Government further indicates that Act No. 8080 gives access to the workplace to the health surveillance body attached to the Ministry of Health without resulting in the creation of specialized services for the moment. The Committee would be grateful if the Government would indicate the measures it proposes to take to overcome the difficulties encountered and to ensure better monitoring of the practical application of the provisions of the Convention.

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

The Committee notes with interest the information provided by the Government in its first and second reports. It requests the Government to provide further clarification, in its next report, on the following points:

Article 3, paragraphs 1, 2 and 3, of the Convention. The Committee notes that Regulation No. 4 (NR4) provides for the setting up of specialized services in safety engineering and occupational medicine for the promotion of workers' health in both public and private enterprises. The Government has indicated in its report, however, in reply to points IV and V of the report form that it is not able to specify the number of workers covered by the legislation applying the Convention. The Government is requested to provide information on the plans drawn up for the establishment of occupational health services for the workers not covered by the existing schemes and to report on any progress made in the implementation of these plans.

Article 15. The Committee notes that Regulation No. 4 provides for the specialized services in safety engineering and occupational medicine to analyse and register data concerning occupational accidents and diseases. The Government is requested to indicate the manner in which these services are informed of occurrences of ill health amongst workers and absences from work for health reasons, whether or not an occupational disease is registered, in order that they might better analyse the factors in the working environment which might affect workers' health. The Government is also requested to indicate the measures taken to ensure that the personnel in these services are not required by the employer to verify the reasons for absence from work.

Point VI of the report form. The Government is requested to provide information on the practical application of the Convention, including extracts from inspection reports, statistics on the number of specialized services created by virtue of NR4, the number of workers covered by the services created within the framework of the comprehensive health scheme established under Act No. 8080, and to indicate any difficulties which might have arisen in the implementation of the relevant legislation.