Guarding of Machinery Convention, 1963 (No. 119) - Brazil (Ratification: 1992)

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Laws and regulations and consultation. In its previous comments, the Committee requested the Government to provide information on developments in the tripartite process for the renovation of Regulatory Standard No. 12 (NR-12) on safety in work with machinery and equipment. The Committee notes with interest the approval of new Regulatory Standard No. 12 (NR-12) by Order No. 197 of the Secretariat of Labour Inspection, of 17 December 2010, resulting from the work of a tripartite labour group. It notes that, among other measures to improve its application, a National Tripartite Thematic Commission has been established for NR-12, to support the implementation of the Regulatory Standard. It also notes the National Occupational Safety and Health Plan (PLANSAT), which establishes incentives to withdraw and remove from use machinery and equipment that is not in conformity with safety and health standards, and Order No. 1056 of the Ministry of Labour and Employment, of 5 July 2012, containing provisions on assessing the conformity of machinery and their parts. The Committee also notes the many initiatives reported by the Government, and particularly a bilateral cooperation project between Brazil and the European Union, the establishment of an Inter-ministerial Committee on the Safety of Machinery and Equipment to Promote Safety and Health, and the publication of pamphlets and materials to facilitate understanding of NR-12. The Committee requests the Government to provide information on developments in the implementation of PLANSAT and the procedures for the withdrawal and destruction of machinery that is not in conformity with NR-12.

Article 11 of the Convention. Prohibition of the use of machinery without guards. The Committee notes the information provided by the Government in its report in reply to its previous comments relating to the prohibition on requiring a worker to use any machinery without the guards provided being in position. While noting the information on the new NR-12, the Committee notes that it does not contain a provision giving effect to Article 11(1) of the Convention in relation to the prohibition for workers to use any machinery without the guards provided being in position, or on requiring a worker to do so. The Committee requests the Government to provide information on the provisions adopted to give effect to this Article of the Convention.

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

The Committee notes that a tripartite working group has been set up to prepare a standard to replace Regulation No. 12, which currently governs the subjects covered by the Convention. The working group has reached the last phase of its work and is to submit the draft of a text to the Standing Joint Tripartite Committee. The Committee requests the Government to send information on any developments in this regard. It notes that the Government has not sent information on the matters raised in its direct request of 2006 and accordingly asks it to reply thereto in its next report.

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

1.  The Committee notes the information contained in the Government’s report on the application of Article 12 of the Convention.

2. In its previous comments the Committee requested the Government to provide a copy of the collective labour agreement which has been prepared by the tripartite technical working group set up to study the protection of mechanical presses. Since the agreement has not been submitted the Committee reiterates its request and asks the Government to communicate a copy of the agreement in question.

3.  Article 11 of the Convention. Prohibition of the use of machinery without guards. In its previous comments, the Committee requested the Government to indicate the provisions or measures of a formal nature that ensure that no worker is required to use any machinery without the guards provided being in position and that no such guards are made inoperative. The Government refers in this connection to article 161 of the Law 6514 of 22 December 1977 which stipulates that the Regional Labour Office, in the light of the findings of the competent technical service showing serious and imminent danger to the worker, may place a prohibition on the establishment, service sector, machine or equipment, or an embargo on the work, indicating the decision taken, and, as expeditiously as circumstances demand, the measures to be adopted to prevent accidents at work and occupational diseases. Noting this information the Committee requests the Government to indicate whether there are more specific provisions giving effect to Article 11, paragraph 1, of the Convention, ensuring no worker may be required to use any machinery without the guards provided being in position.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the information provided by the Government on the application of Article 14 of the Convention. The Committee notes that the work of the tripartite technical working group set up to study the protection of mechanical presses resulted in the development of a collective labour agreement. The Committee requests the Government to provide a copy of the above agreement with its next report.

Article 11 (prohibition of the use of machinery without guards). In its previous comments, the Committee requested the Government to indicate the provisions or measures of a formal nature that ensure that no worker is required to use any machinery without the guards provided being in position and that no such guards are made inoperative. The Government refers in this connection to subsection 1.8.1 of Regulatory Standard No. 1, under which the unjustified refusal of a worker to comply with the provisions in the area of her or his responsibilities constitutes a fault. The Committee notes this information. It requests the Government to indicate whether there are more specific provisions giving effect to Article 11, paragraph 1, of the Convention, under which no worker may be required to use any machinery without the guards provided being in position.

Article 12 (rights of workers under national social security legislation). With reference to its previous comments, the Committee notes that Decree No. 3048, of 6 May 1999, guarantees the social security rights of workers. The Committee requests the Government to provide a copy of the above text with its next report.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information provided by the Government in reply to its previous comments.

The Committee takes note of the information that a tripartite technical working group was set up in the State of Sào Paulo to study the protection of mechanical press. The Government indicates that on the basis of the results of the work of this group, it could propose to the federal Government to extend these measures to the whole nation. The Committee also notes the adoption of Order MTb No. 393 of 1996, which provides for the methodology of work for the tripartite and bipartite system established to discuss and elaborate standards in the area of occupational safety and health.

The Committee requests the Government to indicate the results of the work of both the technical working group created in the State of Sào Paulo and of the tripartite and bipartite system.

In addition the Committee requests the Government to provide information on the following points. 

Article 11 of the Convention.  Further to its previous comments, the Committee hopes the Government will indicate the provisions or measures of a formal nature that ensure that no worker is required to use any machinery without the guards provided being in position and that no such guards are made inoperative.

Article 12.  Further to itspreviouscomments, the Committee hopes the Government will indicate whether the provisions adopted to give effect to the Convention have affected the rights of workers under national social security or social insurance legislation.

Article 14.  Further to its previous comments, the Committee hopes the Government will indicate whether the term "employer" also includes, where appropriate, the agent of the employer.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the comments made by the Union of Workers from the Marble, Granite and Lime Industry of the State of Espíritu Santo (SINDIMAMORE). It is following up these comments under the Occupational Safety and Health Convention, 1981 (No. 155).

The Committee is also addressing a request to the Government regarding other points.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes with interest the information provided by the Government in its first report. It requests the Government to provide additional information on the following matters.

Article 2, paragraph 2, of the Convention. Please indicate the provisions which prohibit the transfer in any other manner (with the exception of the sale or letting out on hire) and exhibition of machinery of which the dangerous parts are without appropriate guards. If effect is given to this provision by "other equally effective measures", please indicate the nature of these measures.

Article 2, paragraphs 3 and 4. Please indicate the provision designating the parts and machinery enumerated in these provisions of the Convention which are liable to present danger to any person coming into contact with them and which have to be designed or protected to prevent such danger.

Article 4. Please indicate the provision that places the obligation to ensure compliance with the provisions of Article 2 of the Convention upon the vendor, the person letting out on hire or transferring the machinery in any other manner, the exhibitor, their respective agents or the manufacturer when he sells machinery, lets it out on hire, transfers it in any other manner or exhibits it.

Article 11. Please indicate the provisions or measures of a formal nature that ensure that no worker is required to use any machinery without the guards provided being in position and that no such guards are made inoperative.

Article 12. Please indicate whether the rights of workers under national social security or social insurance legislation have been affected by the provisions adopted to give effect to the Convention.

Article 14. Please indicate whether the term "employer" also includes, where appropriate, the agent of the employer.