Occupational Cancer Convention, 1974 (No. 139) - Portugal (Ratification: 1999)

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

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

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

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

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

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

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

• General provisions

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

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

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

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

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

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

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

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

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

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

• Protection against specific risks

Radiation Protection Convention, 1960 (No. 115)

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

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

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

Maximum Weight Convention, 1967 (No. 127)

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

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

Occupational Cancer Convention, 1974 (No. 139)

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

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

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

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

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

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

Asbestos Convention, 1986 (No. 162)

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

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

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

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

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

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

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

• Protection in specific branches of activity

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The Committee notes the information provided by the Government in its reports in reply to its previous request concerning the measures giving effect to Article 4 of the Convention on providing workers with information on the dangers involved and the measures to be taken when exposed to carcinogenic substances or agents.

Article 2(2). Limitation of duration of exposure. The Committee notes the Government’s indication that, pursuant to Chapter V of Act No. 102/2009 on the legal regime for promoting occupational safety and health, amended by Act No. 3/2014, exposure assessments are conducted on a quarterly basis with a view to removing workers from the workplace or reducing the duration of exposure when it is not practicable to reduce the intensity of exposure to a hazardous factor. It also notes information provided related to the substitution of certain substances and on measures taken related to minimizing occupational exposure to asbestos. The Committee requests the Government to provide information on the measures taken or envisaged, in law and in practice, to ensure that the duration of workers’ exposure to carcinogenic substances is reduced to the minimum compatible with safety, including information on the specific measures taken with respect to substances other than asbestos.

Application in practice. The Committee notes the detailed statistical information provided by the Government for the 2009–13 period. It notes in particular the Government’s indication that 44 new cases of occupational cancer were recorded by the Social Security Institute between 2009–14, including 34 cases of bronco-pulmonary fibrosis and six cases of mesothelioma. It also notes that, while national statistics regarding cancer-related deaths do not specify the number of cases which could be attributed to carcinogenic or mutagenic factors, it is estimated that 900 of the 23,000 annual cancer-related deaths have occupational origins. The Committee requests the Government to continue to provide detailed information on the manner in which the Convention is applied in the country, including statistical information concerning the number of workers covered by the legislation, the number and nature of contraventions reported, and the number, nature and cause of cases of occupational disease, etc.

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

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

Article 5 of the Convention. Medical examinations necessary to evaluate exposure and supervise the state of health in relation to occupational hazards. The Committee notes the observations of the UGT which reiterate that, in view of the fact that many diagnosed cancers are occupational in origin but are not reported as such, an effective campaign must be conducted in order to raise awareness of general practitioners and family doctors with regard to prompt diagnosis of cancers with occupational origins by incorporating screening for certain types of cancers into their examination procedures. The Committee also notes the observations of the CGTP-IN according to which special health monitoring is only provided to workers whose medical examinations have revealed the existence of hazards and that the legislation does not provide for special examinations aimed at assessing the effects of exposure to specific hazards or for continued examination following termination of employment. In this regard, the Committee notes the Government’s indication that, pursuant to section 12 of Legislative Decree No. 301/2000, regulating workers’ protection against hazards associated with carcinogenic or mutagenic agents at work, employers are required to ensure the monitoring of the health of workers for whom hazards have been identified by means of health examinations upon recruitment and then on a regular or occasional basis. The Government indicates that family doctors are tasked with carrying out regular health checks, after termination of employment, for workers exposed to occupational hazards, including exposure to carcinogenic agents. The Committee requests the Government to take all appropriate measures to ensure that the necessary medical examinations or biological or other tests or investigations are guaranteed to all workers likely to be exposed to occupational hazards, both during the period of employment and thereafter. In this regard, it requests the Government to provide further information on the manner in which it is ensured that medical examinations, aimed at supervising the health of workers exposed to occupational hazards after termination of employment, are effectively carried out.

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

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

Legislation. The Committee notes that the Government has supplied a long list of items of legislation adopted during the reporting period. In order to have a better understanding of the impact of these changes on the application of the Convention, the Committee needs precise and up-to-date information on the manner in which the new legislation gives effect to the Convention. The Committee therefore requests the Government to communicate a detailed report indicating the legislative, regulatory and other provisions, and their relevant sections, which give effect to each of the Articles of the Convention. It also requests the Government to provide answers to the following questions.

Article 2(2) of the Convention. Limitation of duration of exposure. With reference to its previous comment the Committee notes that, according to the report, the methods applied to limit the duration of exposure are intervention in the case of a complaint, proactive intervention and particular attention to exposure to asbestos. The Committee notes, however, that the information supplied by the Government does not refer to measures aimed at reducing the number of workers exposed to carcinogenic substances or agents or to the duration or degree of such exposure, as provided for by this provision of the Convention. It hopes that the Government will take the necessary steps in the near future to reduce to a minimum the number of workers exposed to carcinogenic substances or agents (and not only to asbestos), and also the duration and degree of such exposure. The Government is requested to supply information in its next report on the progress made in this respect. The Committee requests the Government in particular to supply more detailed information on chemical agents in the working environment, including in agriculture, and to indicate the steps taken or contemplated to reduce the duration of workers’ exposure to carcinogenic substances other than chemical agents to the minimum compatible with safety.

Article 3. Measures to be taken to protect workers and the establishment of a system of records. The Committee notes that, according to the General Workers’ Union (UGT), it is vitally important to raise the awareness of family doctors with regard to occupational cancer, in order to facilitate the establishment of a causal link between a diagnosed cancer and its possible occupational origin, in view of the fact that many diagnosed cancers are occupational in origin but are not regarded as such. In this context the Committee draws the Government’s attention to the fact that the list of occupational diseases, attached to the List of Occupational Diseases Recommendation, 2002 (No. 194), was revised in 2010. The Committee requests the Government to supply comments on this matter and send information on the steps taken to protect workers against the risks of exposure to carcinogenic substances or agents and to establish an appropriate system of records.

Article 4. Information for workers. The Committee notes that the UGT states that the question of available information on risks arising from carcinogenic substances is of vital importance, particularly for small and medium-sized enterprises (SMEs). The UGT considers that this issue should be given clear effect in the national occupational safety and health policy. The Committee requests the Government to supply detailed information on the implementation of this Article, including in SMEs.

Article 5. Medical examinations after termination of employment. In its previous comments the Committee asked the Government to indicate the measures taken or contemplated to ensure that workers who have developed an identifiable disease or serious symptom are provided before, during and after their employment with the medical or biological examinations or other tests or investigations necessary for supervising their state of health in relation to the occupational hazards, pursuant to this Article of the Convention. The Committee notes the Government’s statement in its report that Act No. 35/2004 of 29 July 2004, which implements Act No. 99/2003, has tacitly repealed certain provisions, such as Legislative Decree No. 109/2000, to which the Government referred in its previous report. However, the report does not contain any reply to the questions asked by the Committee. The Committee again requests the Government to indicate the measures taken or contemplated to ensure that workers who have developed an identifiable disease or serious symptom are provided before, during and after their employment with medical or biological examinations or other tests or investigations necessary for supervising their state of health in relation to the occupational hazards, pursuant to this Article of the Convention. It also requests the Government to indicate the legislative provisions which give effect to this Article of the Convention.

Part IV of the report form. Application in practice. The Committee requests the Government to provide general information on the manner in which the Convention is applied in the country, including extracts from inspection reports and, if such statistics are available, information concerning the number of workers covered by the legislation, the number and nature of infringements reported, the number, nature and cause of cases of occupational disease, etc.

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

Legislation. The Committee notes that the Government has supplied a long list of items of legislation adopted during the reporting period. In order to have a better understanding of the impact of these changes on the application of the Convention, the Committee needs precise and up-to-date information on the manner in which the new legislation gives effect to the Convention. The Committee therefore requests the Government to communicate a detailed report indicating the legislative, regulatory and other provisions, and their relevant sections, which give effect to each of the Articles of the Convention. It also requests the Government to provide answers to the following questions.

Article 2(2) of the Convention. Limitation of duration of exposure. With reference to its previous comment the Committee notes that, according to the report, the methods applied to limit the duration of exposure are intervention in the case of a complaint, proactive intervention and particular attention to exposure to asbestos. The Committee notes, however, that the information supplied by the Government does not refer to measures aimed at reducing the number of workers exposed to carcinogenic substances or agents or to the duration or degree of such exposure, as provided for by this provision of the Convention. It hopes that the Government will take the necessary steps in the near future to reduce to a minimum the number of workers exposed to carcinogenic substances or agents (and not only to asbestos), and also the duration and degree of such exposure. The Government is requested to supply information in its next report on the progress made in this respect. The Committee requests the Government in particular to supply more detailed information on chemical agents in the working environment, including in agriculture, and to indicate the steps taken or contemplated to reduce the duration of workers’ exposure to carcinogenic substances other than chemical agents to the minimum compatible with safety.

Article 3. Measures to be taken to protect workers and the establishment of a system of records. The Committee notes that, according to the General Workers’ Union (UGT), it is vitally important to raise the awareness of family doctors with regard to occupational cancer, in order to facilitate the establishment of a causal link between a diagnosed cancer and its possible occupational origin, in view of the fact that many diagnosed cancers are occupational in origin but are not regarded as such. In this context the Committee draws the Government’s attention to the fact that the list of occupational diseases, attached to the List of Occupational Diseases Recommendation, 2002 (No. 194), was revised in 2010. The Committee requests the Government to supply comments on this matter and send information on the steps taken to protect workers against the risks of exposure to carcinogenic substances or agents and to establish an appropriate system of records.

Article 4. Information for workers. The Committee notes that the UGT states that the question of available information on risks arising from carcinogenic substances is of vital importance, particularly for small and medium-sized enterprises (SMEs). The UGT considers that this issue should be given clear effect in the national occupational safety and health policy. The Committee requests the Government to supply detailed information on the implementation of this Article, including in SMEs.

Article 5. Medical examinations after termination of employment. In its previous comments the Committee asked the Government to indicate the measures taken or contemplated to ensure that workers who have developed an identifiable disease or serious symptom are provided before, during and after their employment with the medical or biological examinations or other tests or investigations necessary for supervising their state of health in relation to the occupational hazards, pursuant to this Article of the Convention. The Committee notes the Government’s statement in its report that Act No. 35/2004 of 29 July 2004, which implements Act No. 99/2003, has tacitly repealed certain provisions, such as Legislative Decree No. 109/2000, to which the Government referred in its previous report. However, the report does not contain any reply to the questions asked by the Committee. The Committee again requests the Government to indicate the measures taken or contemplated to ensure that workers who have developed an identifiable disease or serious symptom are provided before, during and after their employment with medical or biological examinations or other tests or investigations necessary for supervising their state of health in relation to the occupational hazards, pursuant to this Article of the Convention. It also requests the Government to indicate the legislative provisions which give effect to this Article of the Convention.

Part IV of the report form. Application in practice. The Committee requests the Government to provide general information on the manner in which the Convention is applied in the country, including extracts from inspection reports and, if such statistics are available, information concerning the number of workers covered by the legislation, the number and nature of infringements reported, the number, nature and cause of cases of occupational disease, etc.

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

1. The Committee notes the information provided by the Government in response to its previous comments, the observations of the General Confederation of Portuguese Workers (CGTP) and that the General Workers’ Union (UTG) observes that it had no significant issues to raise concerning the application of this Convention.

2. Article 2, paragraph 2, of the Convention. Limitation of duration of exposure. The Committee notes the information submitted by the Government concerning Legislative Decree No. 290/2001 of 16 November. It notes that this legislation covers activities in which workers are or may be exposed to chemical agents, and that, as provided in sections 2 and 3, and without prejudice to the stricter provisions in Legislative Decree No. 301/2000 of 18 November, it applies to chemical agents classified as carcinogenic. The Committee requests the Government to provide information on how these provisions, relating specifically to chemical agents at work, are applied in practice and to indicate the measures taken or envisaged to also provide for the reduction of the duration of workers’ exposure to carcinogenic substances other than carcinogenic chemical agents to the minimum compatible with safety.

3. Article 5. Health examinations after termination of employment. The Committee notes the information provided by the Government in reply to its previous comment including reference to section 13 of Legislative Decree No. 290/2001 of 16 November. This Decree complements the provisions referred to in the Government’s previous reports. The Committee notes that the Government indicates, and the CGTP underscores, that the relevant legislation appears to limit the requirement to provide for health supervision after the termination of employment to the special cases where a worker has developed an identifiable disease or harmful symptom which may have been caused by exposure to hazardous agents or substances. With reference to the provisions in Article 5, the Committee requests the Government to indicate the measures taken or contemplated to ensure that not only workers who have developed an identifiable disease or harmful symptom are provided with such medical or biological examinations or other tests or investigations not only before and during the period of employment, but also thereafter, as are necessary to supervise their state of health in relation to the occupational hazards, in application of this Article of the Convention.

4. The Committee also notes that the CGTP contends that only workers in respect of whom the assessment shows the existence of risks will be subject to special health supervision and that national legislation does not provide for specific examinations to assess the effects of exposure but only "normal medical examinations" to which all workers are subject. In response, the Government refers to section 12 of Legislative Decree No. 301/2000 which specifically provides for health supervision of workers where the assessment reveals the presence of risks and to section 16 of Legislative Decree No. 26/94 of 1 February, as amended by Law No. 7/95 of 29 March and by Legislative Decree No. 109/2000 of 30 June, which provides for medical examination for all workers in order to verify their physical and mental fitness for their occupation, as well as the effect of the work and its conditions on workers’ health. The Committee notes that these legislative provisions appear to be in conformity with the provisions in Article 5 in relevant respects, and requests the Government to provide additional information on how they are applied in practice.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s first report. It would draw the Government’s attention to the following points.

1. Article 2, paragraph 2, of the Convention. The Committee notes that section 5, paragraph 1 of Legislative Decree No. 301/2000, of 18 November, regulating protection of workers against risks associated with exposure to carcinogenic or mutagenic agents in the course of the work, provides for the avoidance or reduction of carcinogenic substances. Section 5, paragraph 2, of this Legislative Decree stipulates that, where it is not technically possible to replace carcinogens, the carcinogens should be used in an enclosed system, and according to subsection 3, the measures set forth under section 6 of this Legislative Decree shall be taken to reduce the exposure of the workers. Section 6(a) and (b) provides for the limitation of the quantities of carcinogenic substances to be used and for the reduction of the number of workers exposed. The Committee however notes that there seems to be no provision providing for the reduction of the duration of workers’ exposure to the minimum compatible with safety. The Committee therefore requests the Government to indicate the measures taken or envisaged to provide as well for the reduction of workers’ exposure to the minimum compatible with safety.

2. Article 5. The Committee notes section 16 of Legislative Decree No. 301/2000 in conjunction with section 19 of the Annex to Legislative Decree No. 26/94, of 1 February, as drafted in Legislative Decree No. 109/2000, of 30 June, establishing the system for the organization and the operation of occupational safety, hygiene and health activities, providing for pre-employment and periodic medical examinations, as well as for additional medical examinations whenever significant changes occur in the work environment, and whenever the occupational health physician deems them necessary, which, however, do not embrace post-assignment health examinations of workers, as provided for in Article 5 of the Convention. The Committee therefore recalls that the need to examine workers after they have ceased their employment is due to the fact that the occupational origin of cancer is often difficult to demonstrate, as from the clinical and pathological point of view, there is no difference between occupational cancer and other non-occupational forms. Thus, the purpose is to make a final evaluation of workers’ health and to compare it with previous medical examinations to see whether the job assignments have affected their health. The Committee accordingly requests the Government to indicate the measures taken or contemplated to guarantee that workers are provided with medical or biological examinations or other tests or investigations not only before and during the period of employment, but also thereafter as are necessary to evaluate their exposure and supervise their state of health in relation to the occupational hazards, in application of this Article of the Convention.