Asbestos Convention, 1986 (No. 162) - 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 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 155 (occupational safety and health and the working environment), its 2002 Protocol, and 162 (asbestos) together.

The Committee notes the observations made by the Confederation of Portuguese Industry (CIP), the General Confederation of Portuguese Workers – National Trade Unions (CGTP–IN), and the General Workers’ Union (UGT), received with the Government’s reports. The Committee also notes the observations made by the Trade Union Association of Civil Servants of the Authority for Food and Economic Security (ASF–ASAE), received on 5 January 2016 and 19 April 2017, concerning the working conditions and conditions of service of market surveillance and food inspectors.

A. General provisions

Convention No. 155 and its Protocol of 2002

Follow-up to the recommendations of the tripartite committee (representation made under article 24 of the Constitution of the ILO)

The Committee notes the report of the tripartite committee set up to examine the representation alleging non-observance by Portugal of the Labour Inspection Convention, 1947 (No. 81), the Labour Inspection (Agriculture) Convention, 1969 (No. 129), and the Occupational Safety and Health Convention, 1981 (No. 155), made under article 24 of the ILO Constitution by the Union of Labour Inspectors (SIT), adopted by the Governing Body at its 324th Session (June 2015). The Governing Body entrusted the Committee with following up on the effect given to the conclusions in that report.

Articles 4 and 9 of the Convention. Adequate inspection strategy as a part of the national occupational safety and health (OSH) policy. The Committee notes that the tripartite committee encouraged the Government to, in the context of the national OSH policy, follow up on the specific issues raised by the SIT, and identified in the Working Condition Authority (ACT) strategy, in collaboration with the social partners. The Committee requests the Government, in line with the tripartite committee, to provide information on the measures taken to identify, in consultation with the social partners, the needs for the effective enforcement of the legal provisions concerning OSH, and to determine priorities for action.

Other issues

Article 1(1). Application of the Convention. Workers in agriculture. The Committee notes the information provided by the Government in reply to its previous request concerning the legislation giving effect to the Convention with regard to agricultural workers. In this respect, the Committee refers the Government to its comments on the application of the Safety and Health in Agriculture Convention, 2001 (No. 184).

Workers in the public sector. The Committee notes the observations made by the CGTP–IN and the UGT under Convention Nos 81 and 129 that there are insufficient controls by the labour inspectorate concerning OSH conditions in the public sector. The Committee requests the Government to provide its comments to these observations.

Articles 4(1) and 11 (d) and (e). National policy on OSH, including with regard to occupational accidents and diseases and their recording and notification. The Committee notes that the Government, in reply to the Committee’s previous request, provides information on the interim evaluations of the national strategy for OSH (2008–12), and indicates that the final evaluation of the national strategy for OSH (2008–12) was being finalized by the ACT with the contribution of the social partners, at the time of the submission of the Government’s report. In that respect, the Committee notes the adoption of a new strategy for OSH (2015–20), with three review stages: in 2016, 2018 and 2022. The Committee requests the Government to provide information on the interim and final evaluation of the strategy for OSH (2015–20).

Article 7 of the Convention. In its previous comment, the Committee noted that the Governing Body at its 319th Session (October 2013) approved the report of the tripartite committee set up to examine the representation made by the Occupational Association of Professional Police Officers (ASPP/PSP) under article 24 of the ILO Constitution, alleging non-observance by Portugal of Convention No. 155 (GB.319/INS/14/8) and entrusted the Committee with following up on the effect given to the conclusions in that report.

In this respect, the Committee requested the Government to provide information on the measures taken, in consultation with the social partners to ensure the effective application of the Convention with regard to the Public Security Police (PSP), in law and in practice, in particular Articles 4, 8, 9, 16, 19(c) and (d), and 20. This should include measures to ensure the review of the situation regarding occupational safety and health and the working environment of the PSP, taking into account their specificities, in accordance with Article 7 of the Convention, with a view to identifying major problems, developing effective methods for dealing with them as well as priorities of action, and subsequent evaluation. The Committee notes that the Government has not yet provided any reply in this respect. The Committee therefore once again requests the Government to provide the information requested.

Articles 8, 16 and 20. Laws and regulations giving effect to the national policy on OSH, responsibilities of employers and cooperation at the level of the undertaking. The Committee notes the observations made by the UGT concerning certain changes through the amendment of Law No. 102/2009 on the legal framework for the promotion of OSH by Law No. 3/2014, including the reduced frequency of compulsory consultations of workers or their representatives. The Committee also notes that the CGTP–IN emphasizes that recent amendments to the national legislation, which eliminate certain obligations of employers in the area of OSH, have weakened the protection of workers. The Committee requests the Government to provide its comments in this respect.

Article 11(d) and (e) of the Convention and Articles 2–5 of the Protocol. Measures to improve the reporting of occupational accidents and diseases. Concerning the national strategy for OSH (2008–12), the Committee notes the observations made by the UGT that several important measures in that strategy were not satisfactorily implemented, including the restructuring of the system for the collection of statistical data on occupational accidents and diseases, or the adoption of effective measures to address the under-reporting of occupational diseases. On the other hand, the Committee notes the Government’s reference to a number of measures taken aimed at improving the reporting of occupational diseases, including: (i) the cooperation between the ACT and public health structures to discuss legislative changes with a view to the efficient diagnosis of occupational diseases, and (ii) the enactment of Ordinance No. 112/2014 on the provision of primary occupational health care, which enabled the creation of functional health-care units, which may provide medical consultations to independent workers and workers in micro-enterprises.

In this respect, the Committee also notes the detailed information provided by the Government on the effect given in the national legislation to the Articles of the Protocol. The Committee notes that the OSH strategy for 2015–20 once again addresses the under-reporting of occupational diseases and the improvement of the collection of statistics in general. The Committee requests the Government to provide information on the specific measures taken to address the under-reporting of occupational diseases, and on any steps taken to improve the collection of occupational accidents. Noting the information provided by the Government on the legislative provisions giving effect to Article 3(b) of the 2002 Protocol, the Committee requests the Government to specify how effect is given to the specific requirement in Article 3(a)(ii) concerning the responsibility of employers to provide appropriate information to workers and their representatives concerning the recording system for occupational accidents and occupational diseases.

B. Protection against specific risks

Convention No. 162

Articles 1, 15 and 17. Scope of application and exposure to asbestos dust. The Committee previously noted the broad application of the Convention in relation to all activities involving the exposure of workers to asbestos in the course of their work and referred to the responsibilities of employers set out in Article 15(3) and (4) of the Convention. In this respect, the Committee notes the reiterated observations made by the CGTP–IN and the UGT that workers and visitors in public buildings are exposed to asbestos fibres, despite the fact that they do not handle asbestos. The UGT indicates that while 2,015 public buildings have been found to contain asbestos, no significant progress has yet been made with its removal. The Committee notes that the UGT welcomes the Government’s plans to conclude the removal of asbestos from all public buildings between 2018 and 2020 and its allocation of a dedicated budget for this purpose, but that the UGT also emphasizes the need to deploy efforts to remove asbestos from private workplaces. Particularly, the UGT indicates that over €300 million has been allocated in the context of the National Reform Programme towards the removal of asbestos from public buildings. The Committee once again requests the Government to provide information regarding the implementation in law and practice of the Convention in relation to workers who are exposed to asbestos in workplaces even though they may not be working directly with the substance. In addition, noting the Government’s plans to undertake major works to remove asbestos from public buildings, the Committee requests the Government to provide information on the measures taken to ensure that this removal work is undertaken in conformity with the protections outlined in Article 17, and to provide information on measures taken or envisaged with respect to other buildings and structures.

Article 6(3). Consultation with the health services in preparing emergency procedures. The Committee notes that the Government has not provided a reply to its previous request under this Article. The Committee therefore once again requests the Government to provide further information on the preparation of emergency procedures for work involving exposure to asbestos, as provided for in section 73 of Act No. 102/2009, as amended by Law No. 3/2014 on the legal framework for the promotion of OSH and to indicate whether such procedures were developed in consultation with the concerned workers’ representatives.

Article 14. Responsibility of manufacturers for the labelling of products containing asbestos. The Committee previously noted that Legislative Decree No. 101/2005 introduces regulations regarding the labelling of asbestos, but does not specify details of the language used on the labels nor determine the responsibility for labelling. The Committee notes that the Government has not provided the requested information on the measures taken in law and practice to ensure the responsibility for labelling of producers and suppliers of asbestos and manufacturers and suppliers of products containing asbestos. The Committee recalls the guidance in Paragraph 20 of the Asbestos Recommendation, 1986 (No. 172), on labelling requirements for producers and suppliers of asbestos and manufacturers and suppliers of products containing asbestos in that respect. The Committee once again requests the Government to provide information on the measures taken in law and practice to ensure that producers and suppliers of asbestos and manufacturers and suppliers of products containing asbestos are made responsible for adequate labelling of the container and, where appropriate, the products.

Articles 20 and 21. Occasional exposure to asbestos. Measurement of the concentration of airborne asbestos dust in workplaces and medical examinations. The Committee previously noted that while Legislative Decree No. 266/2007, on the protection of workers from health risks arising from exposure to asbestos in the course of work, applies to all sectors of activity, the Decree allows for the exemption of workers performing specific tasks, during which they are sporadically exposed to a concentration of airborne asbestos fibres not exceeding a certain maximum limit value. The Committee notes that the Government has not provided the requested information on the definition of the concept of “sporadic exposure to asbestos” under the national legislation. However, it notes the observations made by the CIP concerning the ongoing work relating to the Asbestos Technical Guidebook for the implementation of Decree No. 266/2007, pursuant to section 26 of the Decree. It notes in this respect that section 26 also refers to the drawing up of technical guidelines particularly concerning the definition of the concept of sporadic exposure of low intensity. The Committee once again requests the Government to indicate the measures taken or envisaged to ensure: that employers measure the concentration of airborne asbestos dust in the workplace and monitor the exposure of workers to asbestos; and that workers occasionally exposed to asbestos are provided with medical examinations, in line with Article 21(1) of the Convention. It requests the Government to provide information on any technical guidelines developed concerning the definition of the concept of sporadic exposure of low intensity to asbestos.

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

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

Article 21 of the Convention. Notification of occupational diseases caused by asbestos. The Committee notes the statistical information provided by the Government on the number of workers exposed to asbestos, cases of occupational disease reported and the activities carried out by the labour inspection services to enforce the relevant legislation. The Committee notes with concern that the CGTP–IN refers, with respect to the under-reporting of occupational diseases related to asbestos exposure, to a 2015 study, according to which 97 per cent of cases of malignant mesothelioma caused by exposure to asbestos were not reported as occupational diseases. Recalling the resolution concerning asbestos, adopted by the 95th Session of the International Labour Conference, June 2006 and, referring to its comments on the application of Articles 4(1) and 11(d) and (e) of the Occupational Safety and Health Convention, 1981 (No. 155), and Articles 2–5 of its Protocol of 2002, concerning the measures needed and taken to address the under reporting of occupational diseases, the Committee requests the Government to provide information on the measures taken to ensure the functioning of the system of notification of occupational diseases caused by asbestos and, in that regard, to indicate the number of cases of occupational diseases caused by exposure to asbestos that have been reported in the country over the last five years as well as the cases of malignant mesothelioma over the same period.

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

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

The Committee notes the observations of the General Confederation of Portuguese Workers – National Trade Unions (CGTP–IN) and the General Workers’ Union (UGT), received on 22 December 2014, concerning public buildings containing asbestos.

The Committee notes the information provided by the Government in its report in reply to its previous request concerning the measures giving effect to the following provisions of the Convention: Article 21(4) of the Convention on maintaining the income of workers assigned to other work for medical reasons and Article 22(3), on the provision of information and training.

Articles 1 and 15 of the Convention. Scope of application and exposure to asbestos dust. The Committee notes the indications of the UGT and of the CGTP–IN that many workers who, despite the fact that they do not handle asbestos, are exposed to asbestos fibres in workplaces that are in a poor state of repair. Noting the broad application of the Convention in relation to all activities involving the exposure of workers to asbestos in the course of their work, and the responsibilities of employers set out in the Convention, including under Article 15(3) and (4) concerning exposure to asbestos dust, the Committee requests the Government to provide information regarding the implementation in law and practice of the Convention in relation to workers who are exposed to asbestos in workplaces even though they may not be working directly with it.

Article 6(3). Consultation with the health services in preparing emergency procedures. The Committee notes the Government’s indication that section 73 of Act No. 102/2009, as amended by Act No. 3/2014, approving the legal framework for the promotion of safety and health at work, provides for the participation of occupational health and safety services in formulating and developing emergency procedures, and that workers’ representatives have access to general information on the results of health monitoring. The Committee requests the Government to provide further information on the preparation of emergency procedures for work involving exposure to asbestos and to indicate whether such procedures were developed in consultation with the concerned workers’ representatives.

Article 14. Responsibility of manufacturers for the labelling of products containing asbestos. The Committee notes that while the Government indicates that Legislative Decree No. 101/2005 introduced regulations regarding the labelling of asbestos, the Decree does not specify details of the language used on the labels or where the responsibility lies for labelling. In this regard, the Committee refers the Government to Paragraph 20 of the Asbestos Recommendation, 1986 (No. 172), which provides guidance on labelling requirements for producers and suppliers of asbestos and manufacturers and suppliers of products containing asbestos. The Committee requests the Government to provide information on the measures taken in law and practice to ensure that producers and suppliers of asbestos and manufacturers and suppliers of products containing asbestos are made responsible for adequate labelling of the container and, where appropriate, the products.

Articles 20 and 21. Occasional exposure to asbestos. Measurement of the concentration of airborne asbestos dust in workplaces and medical examinations. With reference to its previous comments, the Committee notes the Government’s indication that Legislative Decree No. 266/2007, on the protection of workers from the risks related to exposure to asbestos at work, is applicable to all sectors of activity. It requires that the Authority for Working Conditions (ACT) must be notified of all cases of activities in which workers are exposed to asbestos. However, the Government indicates that pursuant to section 23 of the Decree, it is possible to exclude the application of certain of the Decree’s provisions to workers performing specific tasks, such as air-quality monitoring or the collection of samples to detect the presence of asbestos in a given material, during which they are sporadically exposed to a concentration of airborne asbestos fibres not exceeding a certain maximum limit value. These provisions are section 3 (on notification), section 11 (on the establishment and implementation of the workplan), section 19 (on health surveillance), section 20 (on the results of health monitoring), section 21 (on the registration and filing of documents) and section 22 (on the keeping of records and files). The Committee requests the Government to provide information on the manner in which the concept of “sporadic exposure to asbestos” is defined and to indicate the criteria distinguishing between sporadic and regular exposure to asbestos under the national legislation. The Committee requests the Government to provide detailed statistics in relation to notifications made to the ACT including in relation to both permanent or sporadic exposure. It also requests the Government to indicate the measures taken or envisaged to ensure: that employers measure the concentration of airborne asbestos dust in the workplace and monitor the exposure of workers to asbestos; and that workers occasionally exposed to asbestos are provided with medical examinations, in line with Article 21(1) of the Convention.

Application in practice. The Committee notes the statistical data provided by the Government concerning the number of notifications regarding measures introduced and the number of contraventions identified in relation to asbestos between 2009 and 2013. It also notes the data provided on illnesses directly resulting from exposure to asbestos between 2007 and 2012. The Committee requests the Government to provide detailed information on measures taken to investigate the causes of the cases of asbestosis and mesothelioma identified. It requests the Government to continue to provide detailed information on the application of the Convention in practice, including statistics on the number of workers exposed to asbestos in their workplace, the number, nature and cause of cases of occupational disease reported and the activities carried out by the labour inspection services to enforce the relevant legislation.

[The Government is asked to reply in detail to the present comments in 2017.]

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

The Committee notes the joint observations made by the International Organisation of Employers (IOE) and the Confederation of Portuguese Industry (CIP) on the application of the Convention, received on 1 September 2014. The Committee requests the Government to provide its comments in this respect. Furthermore, 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

Articles 1, 2 and 15(2) of the Convention. Exposure to asbestos at work. With reference to Legislative Decree No. 266/2007 mentioned in its observation, the Committee notes that, even though the Decree applies to all activities or operations in which workers are exposed or are likely to be exposed to asbestos, section 23 appears to suggest that there is the possibility of certain provisions of the Decree not being applied to workers who are exposed occasionally to a low concentration of asbestos. The Committee recalls that, under Article 1, the Convention applies to all activities involving exposure of workers to asbestos in the course of work. Exposure to asbestos is defined in Article 2(e) as “exposure at work to airborne, respirable asbestos fibres or asbestos dust, whether originating from asbestos or from minerals, materials or products containing asbestos”. The Committee therefore requests the Government to supply detailed information on the manner in which it ensures, in law and in practice, the full application of the Convention in the context of work involving occasional low-intensity exposure, as defined in section 23 of Legislative Decree No. 266/2007 and, in particular, with regard to Articles 1, 2, 8, 15(3), 20 and 21 of the Convention.

Article 6(3). Consultation with the health services in preparing emergency procedures. Article 14. Responsibility of manufacturers for the labelling of products containing asbestos. Article 22(3). Training. The Committee notes that the Government has not supplied the information requested in its previous direct request. The Committee requests the Government to provide information on the application of these provisions, in law and in practice.

Article 21(4). Maintaining the income of workers assigned to other work for medical reasons. The Committee requests the Government to supply information on the measures taken to maintain the income of workers for whom exposure to asbestos is found to be medically inadvisable.

Part V of the report form. Application in practice. The Committee requests the Government to provide general information on the application of the Convention in practice in the country, attaching extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the legislation, the number and nature of infringements reported, the number of occupational diseases reported as being caused by asbestos, etc.

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

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

Article 1(1) of the Convention. Exposure to asbestos at work. Communication from the General Union of Workers (UGT). The Committee notes that, according to the UGT, Recommendation No. 24/2003 of the Assembly of the Republic provides for the compilation of a list of public buildings which contain asbestos, with a view to its replacement and that the Government has not yet implemented this recommendation. The Government indicates however, that the compilation of such a list is provided for in the National Occupational Safety and Health Strategy for 2008–10. While welcoming the fact that the strategy incorporates this issue, the Committee recalls that the Convention applies to all activities involving exposure of workers to asbestos in the course of work. According to the information in the Committee’s possession, the situation mentioned by the UGT does not appear to come under this definition and would therefore not be covered by the Convention.

Articles 1, 2 and 15(2). Exposure to asbestos at work. With reference to Legislative Decree No. 266/2007 mentioned in its observation, the Committee notes that, even though the Decree applies to all activities or operations in which workers are exposed or are likely to be exposed to asbestos, section 23 appears to suggest that there is the possibility of certain provisions of the Decree not being applied to workers who are exposed occasionally to a low concentration of asbestos. The Committee recalls that, under Article 1, the Convention applies to all activities involving exposure of workers to asbestos in the course of work. Exposure to asbestos is defined in Article 2(e) as “exposure at work to airborne, respirable asbestos fibres or asbestos dust, whether originating from asbestos or from minerals, materials or products containing asbestos”. The Committee therefore requests the Government to supply detailed information on the manner in which it ensures, in law and in practice, the full application of the Convention in the context of work involving occasional low-intensity exposure, as defined in section 23 of Legislative Decree No. 266/2007 and, in particular, with regard to Articles 1, 2, 8, 15(3), 20 and 21 of the Convention.

Article 6(3). Consultation with the health services in preparing emergency procedures. Article 14. Responsibility of manufacturers for the labelling of products containing asbestos. Article 22(3). Training. The Committee notes that the Government has not supplied the information requested in its previous direct request. The Committee requests the Government to provide information on the application of these provisions, in law and in practice.

Article 21(4). Maintaining the income of workers assigned to other work for medical reasons. The Committee requests the Government to supply information on the measures taken to maintain the income of workers for whom exposure to asbestos is found to be medically inadvisable.

Part V of the report form. Application in practice. The Committee requests the Government to provide general information on the application of the Convention in practice in the country, attaching extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the legislation, the number and nature of infringements reported, the number of occupational diseases reported as being caused by asbestos, etc.

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

Article 1 of the Convention. Scope of application. Legislation. In its previous comments the Committee referred to Legislative Decree No. 284/89, which excluded maritime and air transport from the scope of the legislation protecting workers against the risks arising from exposure to asbestos in the course of their work. The Committee notes the adoption of Legislative Decree No. 266/2007 of 24 February 2007, transposing Directive 2003/18/EC of the European Parliament and of the Council amending Council Directive 83/477/EEC on the protection of workers from the risks related to exposure to asbestos at work. It notes with satisfaction that this Decree applies to all activities or operations in which workers are exposed or likely to be exposed to asbestos and that it explicitly repeals Legislative Decree No. 284/89.

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

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

1. The Committee notes the information provided in the Government’s reports, particularly in relation to the adoption of Act No. 99/2003 of 27 August issuing a new Labour Code, and Act No. 35/2004 of 29 July issuing its implementing decree, as well as resolution No. 24/2003 of 2 April in respect of the use of asbestos in public buildings. The Committee notes with interest that, based on the information available, the main provisions of the Convention are applied. The Committee also notes the observations made by the General Confederation of Portuguese Workers (CGTP) in relation to the application of Article 3, paragraph 2, Article 15, paragraph 2, and Article 22, paragraph 3. The Committee would be grateful to be provided with additional information on these observations and on the following points.

2. Article 1, paragraphs 2 and 3, of the Convention. Exclusion of a branch of economic activity from the application of the Convention. The Committee notes that maritime and air transport have been excluded from the application of the Convention by section 1(3) of Legislative Decree No. 284/89 of 24 August. It requests the Government to indicate whether this decision was made following consultations with the most representative organizations of employers and workers concerned, and on the basis of an assessment of the health hazards involved and the safety measures applied, and whether, when deciding on this exclusion, the competent authority took into account the frequency, duration and level of exposure, as well as the type of work and the conditions at the workplace.

3. Article 3, paragraph 2, and Article 15, paragraph 2. Periodical review and updating in the light of technical progress and advances in scientific knowledge. The Committee notes the observations of the CGTP concerning the application of Article 15, paragraph 2, of the Convention. The CGTP indicates that there is no legal provision regarding the review and updating of exposure limits and criteria, and that the last review took place in 1993. In this respect, the Committee notes the information provided by the Government that the review and updating of the exposure limits set out in the national legislation will be undertaken when a directive is adopted by the European Community for this purpose. The Committee requests the Government to keep it informed of any developments in this respect and to provide a copy of the relevant national texts when they are adopted.

4. Article 6, paragraph 3. Consultation with the health services in preparing emergency procedures. The Committee requests the Government to indicate the provisions ensuring that health services collaborate in the preparation of procedures for dealing with emergency situations.

5. Article 11, paragraph 2, and Article 12, paragraph 2. Special permits for the use of asbestos. The Committee notes that, under the terms of section 9(4) of Legislative Decree No. 284/89, the General Directorate of Occupational Health and Safety is responsible for issuing permits for the use of asbestos and carries out the necessary controls with the General Directorate of Industry and the representative organizations of employers and workers concerned. The Committee requests the Government to indicate whether permits have been issued in practice under section 9(4) of Legislative Decree No. 284/89 and to specify the conditions attached.

6. Article 14. Responsibility of manufacturers for the labelling of products containing asbestos. The Committee requests the Government to indicate the provisions in respect of the responsibility of producers and suppliers of asbestos and of the manufacturers and suppliers of products containing asbestos for adequate labelling of the container and product, as prescribed by the competent authority.

7. Article 17, paragraph 3. Consultation of workers on the workplan for the demolition of buildings containing asbestos. Noting that section 11(4) of Legislative Decree No. 284/89 provides that a workplan shall be communicated to the competent authorities, at their request, before the beginning of work on the demolition of buildings containing asbestos, the Committee requests the Government to indicate the provisions ensuring that workers or their representatives shall be consulted on such workplans, in accordance with this Article of the Convention.

8. Article 22, paragraph 3. Training. The Committee notes the observations of the CGTP, criticizing the application of this Article, relating to regular and continuing training of workers on the health hazards due to exposure to asbestos and methods of prevention and control. Noting that this Article of the Convention appears to be applied by section 278 of the new Labour Code, the Committee would be grateful to be provided with additional information on this point raised by the CGTP.

9. Part V of the report form. Application in practice. The Committee notes the statistics provided in the Government’s report on the violations reported and the measures taken in relation to carcinogenic agents and asbestos. The statistics show a fall in the number of infringements reported between 1999 and 2000. In this respect, the Committee requests the Government to continue providing statistics and inspection reports, information on the number of workers covered by the legislation, disaggregated by sex, if available, the number and nature of the contraventions reported, the number of occupational diseases reported as being caused by asbestos and any information which would enable the Committee to assess more effectively the manner in which the Convention is applied in practice in the country.

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

1. The Committee notes the information provided in the Government’s two reports, and particularly the observations of the General Confederation of Portuguese Workers (CGTP), criticizing the application of Article 22, paragraph 3, of the Convention relating to regular and continuing training of workers on the health hazards due to exposure to asbestos and methods of prevention and control. The Committee notes that this Article of the Convention is applied by section 278 of the new Labour Code. However, the Committee would be grateful to be provided with additional information on the points raised by the CGTP.

2. Article 3, paragraph 2, and Article 15, paragraph 2. Periodical review and updating in the light of technical progress and advances in scientific knowledge. The Committee notes the observations of the CGTP concerning the application of Article 15, paragraph 2, of the Convention. The CGTP indicates that there is no legal provision respecting the review and updating of exposure limits and criteria, and that the last review took place in 1993. In this respect, the Committee notes the information provided by the Government that the review and updating of the exposure limits set out in the national legislation will be undertaken when a directive is adopted by the Community for this purpose. The Committee requests the Government to keep it informed of any developments in this respect and to provide a copy of the relevant national texts when they are adopted.

3. The Committee is also addressing a request directly to the Government on certain other points.