Occupational Safety and Health Convention, 1981 (No. 155) - Brazil (Ratification: 1992)

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes the observations of Public Services International (PSI) received 29 September 2020, which refer to Articles 8, 13 and 16 of the Convention. The PSI states that the insufficient measures taken to ensure workers’ health protection in the context of the global COVID-19 pandemic has put lives at risk, including the suspension of the obligation to carry out medical examinations, and it refers to the number of cases of infection in certain sectors. The Committee notes the Government’s reply to the observations, which has arrived too late for the Committee’s examination at its current session. The Committee will examine both communications at its next session.

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

The Committee notes the joint observations of the International Organisation of Employers (IOE) and the National Confederation of Industry (CNI), received on 1 September 2015. The IOE and the CNI assert that the legislation of Brazil gives effect to the Convention but that it is sometimes too inflexible, to the point that it can make any entrepreneurial activity inviable, and that it is important to seek a balance between protection of the worker and productive activity.

Articles 1 and 2 of the Convention. 1. Application of the Convention to all branches of economic activity and all workers in the branches of economic activity covered. In its previous comments, the Committee requested the Government to provide information on the manner in which its national occupational safety and health plan takes account of workers in the informal economy. The Committee notes the information supplied by the Government in its report to the effect that its aim is to withdraw workers from the informal economy, thereby allowing the Convention to be applied, by means of either the employment record card or by registering them as independent, self-employed or as having some other status denoting inclusion in the labour market. With regard to the employment record card, the National Action Plan to combat informality is fully under way and focuses mainly on identifying the activities and regions in which informality is a significant problem, with a view to planning and implementing inspection measures strategically so as to enhance their impact. The Government also reports that it is encouraging the formalization of employment relationships by means of other measures, such as exempting small enterprises from taxes and simplifying tax collection. The Committee requests the Government to continue to provide information on the sectors and regions identified as having a high incidence of informality, the measures taken to ensure the application of the Convention and the progress made in these areas.

2. Occupational safety and health in the extractive, forestry, silviculture and carbon-based industries in the State of Minas Gerais. In its previous comments, the Committee took note of a communication from the Federation of Workers in the Extraction Industries in the State of Minas Gerais (FTIEMG), reporting unlawful outsourcing of work by the company Celulosa Nipo-Brasilera SA (CENIBRA), in view of the likelihood of an unfavourable ruling on the company’s poor safety and health conditions, which have led to an increase in occupational accidents in the forestry sector. The Committee notes the detailed information sent by the Government on the monitoring activities which have been conducted and which have enabled the Government to take stock of the unlawful outsourcing and the deteriorating OSH conditions in the abovementioned company and on the numerous inspections carried out in the extractive, forestry, silviculture and carbon-based industries in the State of Minas Gerais. Lastly, and in connection with its previous observation, the Committee notes that the Government reports on the action taken against the anti-union measures taken by the company in the context of this case, including administrative and judicial actions and measures to protect trade unionists. The Committee requests the Government to continue to provide information on the measures taken to deal with the deteriorating OSH conditions in the abovementioned sectors, particularly in enterprises that have outsourced their activities, in order to ensure the full application of the Convention, and on the impact of such measures.

Articles 4 and 8. Formulation, implementation and periodic review of a coherent national policy on occupational safety and health, in consultation with the representative organizations of employers and workers. The Committee notes that, according to the Government, the guidelines set in the National Occupational Safety and Health Policy (PNSST) are developed in the National Occupational Safety and Health Plan (PLANSAT) and that the Tripartite Occupational Safety and Health Committee (CTSST), composed of six members from each group, assists with the application and the periodic review of the Plan. In observance of the principle of social dialogue, all decisions are negotiated and taken by consensus. Since November 2011, the CTSST has held 15 meetings in order to assist with and review the PLANSAT. In accordance with the PNSST, the Department of Occupational Safety and Health launched a national strategy in 2015 to reduce occupational accidents in the 2015–16 biennium, which has four main axes: intensification of inspection activities; national agreement; national campaign for the reduction of occupational accidents; and more thorough analysis of such accidents. Furthermore, it notes that Brazil has 35 OSH regulatory standards, which are continuously reviewed by means of public consultations and tripartite negotiations, and also notes that the Ministry of Labour reports to the public on the work of these committees on its website. The Committee notes with satisfaction the tripartite mechanisms that the Government has developed to implement and continuously review its OSH legislation and practice, thus giving effect to Articles 4 and 8 of the Convention. The Committee requests the Government to continue to provide information on any developments regarding the application of these Articles of the Convention.

Article 9(2). Adequate penalties. The Committee notes that, according to the Government, the amounts of administrative fines need to be adjusted and that studies are under way to produce relevant proposals. Furthermore, the labour inspectorate is working continuously to speed up the process of fine collection. In addition to the administrative measures taken by the Federal Labour Inspection System, other actions are being taken by the public authorities such as civil suits brought by the Public Prosecutor, and other measures that likewise contribute in the medium term to improving OSH conditions. The Committee also notes the initiative of the Superior Labour Court, which in 2011 established the Safe Work Programme and an Inter-institutional Committee which, among other things, facilitates the exchange of information between the various bodies that have OSH responsibilities and which has already held two national OSH seminars with the participation of numerous judges from courts of first and second instance. The Committee requests the Government to continue to provide information on any developments in providing for adequate sanctions for the inspection system.

Article 11(c). Occupational accidents and diseases – notification procedures and annual statistics. In its previous comments, the Committee asked the Government to provide information on the continuing impact of measures for notification – other than through the work accident notification system (CAT system) – that have been taken in order to reduce the under-notification of occupational accidents and diseases. The Committee notes that Government reports that the Ministry of Social Welfare continues to implement the “technical social security link”, which does not depend on the CAT system, for recognition of the relationship between the agent of the injury and the work, in other words a mechanism to establish a link between the harm to the worker’s health and the work performed, whether or not the enterprise has reported the incident. The Committee notes with interest the statistics sent by the Government showing that since these measures were launched in 2007, notifications other than through the CAT system have resulted in a 20 per cent increase in occupational accident notifications. At present, agreements are being prepared for regular information exchange between the Ministry of Labour and Employment and the Ministries of Social Welfare and Health.

Article 15. Coordination between various authorities. In its previous comments, the Committee referred to situations showing that there was nothing to ensure homogenous application of the Convention in the public administrations of the various states of Brazil or the various departments, due to the existence of different jurisdictions. The Committee notes with interest the information provided by the Government to the effect that since its last report, new measures have been taken to improve coordination. One of the activities of PLANSAT is to promote coordination between the states and municipalities regarding the OSH systems for public servants. For example, in the Federal District, Decree No. 33.643 of 10 May 2012 issued the Comprehensive Public Service Health Care Policy; two related handbooks were produced, together with cards, and several OSH programmes were launched, including a programme for employment-related medical checks.

Article 17. Collaboration between undertakings engaged in activities simultaneously at one workplace. The Committee notes that between January 2011 and June 2014, 619 inspections were carried out, allowing an evaluation of the effect given to Regulatory Standard No. 9 concerning the Environmental Risk Prevention Programme (PPRA) which gives effect to this Article of the regulatory standard. In particular, the Committee notes that, according to the Government, in only 10 per cent of the cases were enterprises deemed to be applying the regulatory standard adequately and in the remaining cases matters were put right following the inspection. The Committee requests the Government to continue to provide information in this regard.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Occupational safety and health (OSH) conditions in the extraction, forestry, silviculture and coal-based industries in the State of Mina Gerais. The Committee notes a communication from the Federation of Workers in the Extraction Industries in the State of Minas Gerais (FTIEMG), received on 2 January 2013 and forwarded to the Government on 20 March 2013. It also notes that the Government has still not provided its comments on this communication. The FTIEMG refers to the poor safety and health conditions of workers providing services in, or in relation with, the firm Celulosa Nipo-Brasilera SA (the company), which operates in the State of Minas Gerais. The union also refers to the action that it has taken to combat precarious working conditions in reforestation, silviculture and vegetation extraction industries, which particularly affect the OSH of workers in the company’s outsourced firms. The FTIEMG indicates that illegal outsourcing is linked to situations of serious risks for the safety and health of the workers and that the precarious OSH conditions, especially in the outsourced enterprise working in the reforestation sector, led to a rise in occupational accidents in 2012. The union adds that it is taking public action against the firm together with the Public Ministry of Labour, the Regional Labour Directorate, the Human Rights Commission of the Legislative Assembly of Minas Gerais and the Regional Labour Prosecutor’s Office and that, faced with the likelihood of a ruling against the firm, 2,000 dismissals were carried out before December 2012, and it was expected that by September 2013 this would rise to 4,500 on the alleged grounds of a modernization plan. It also indicates that the first workers dismissed were those affected by occupational diseases and accidents. It states that, in this context, threats were issued to the secretariat of the FTIEMG which, on the date the communication was sent, was under police protection. The Committee understands that this communication focuses on the deteriorating safety and health conditions in the outsourced firms and that, faced with efforts to improve OSH conditions in the firms in question, mass dismissals took place, with no dialogue with either the union or the authorities. The Committee also notes that the 16 annexes sent by the union reveal that the labour administration and labour courts took numerous measures in support of the workers. The Committee will examine the communication in greater detail, together with any reply the Government wishes to make in this regard. The Committee invites the Government to provide comments in relation to the communication from the FTIEMG on the abovementioned situation of the workers and on OSH conditions in the extraction, forestry silviculture and coal-based industries in the State of Minas Gerais. The Committee also invites the Government to reply to its comments of 2011.

[The Government is asked to report in detail in 2014.]

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

Referring to its observation, the Committee requests the Government to supply additional information on the following matters.

Articles 4, 7 and 15 of the Convention. Formulation, implementation and revision of national policy. Revision at appropriate intervals with regard to occupational safety and health in specific sectors. Coordination between various authorities. Teachers in the Federal District. Petrochemical industry. In its observation of 2010 the Committee referred to a communication from the Union of Teachers, Federal District (SINPRO-DF) indicating that there is no system of health protection for the public sector and in particular the teaching sector, nor is there any inspection of workplaces, periodic reviews, hazard evaluation, or statistics having a minimum of reliability to enable the adoption of effective policies. The Government’s reply indicated that the Occupational Safety and Health Council was established under section 5 of Decree No. 29.021/2008, and that its powers include the formulation of an occupational safety and health (OSH) policy, and the monitoring and implementation thereof. The Committee indicated that its understanding was that the Government makes a distinction between the implementation of national policy in sectors within its direct jurisdiction and in the Federal District and other federal entities. It recalled that it had already indicated to the Government in previous comments that it should adopt appropriate measures to ensure the application of ratified Conventions throughout its territory, and that the Convention required a coherent national policy and coordination in order to achieve this. For that reason the Committee reiterated that OSH policies intended for different sectors or territorial entities must form part of a national policy which establishes a basis applicable to all workers covered by the Convention. The Committee asked the Government to seek solutions to the situation described by SINPRO-DF in the context of Articles 4, 7 and 15 of the Convention, bearing in mind that the national policy referred to by these Articles prescribes consultation with the social partners and its formulation, practical application and periodic revision, and asked it to supply information in this respect. The Committee notes that, according to the Government’s report dated 31 August 2011, the public servants in the education sector referred to in the communication come under the jurisdiction of the Government of the Federal District (GDF), which, in addition to being the legislative authority, is the employer, and that the Ministry of Labour asked the GDF to adopt certain measures. The Government indicates that the Decree referred to above establishes a support coordination office tasked with drawing up an occupational safety management plan and a health management unit tasked with implementing preventive activities in OSH. The Committee notes the Government’s indication in reply to its previous comment that, under section 5(1) of the Decree, the Occupational Safety and Health Council will also include three representatives elected by the workers. The Government further indicates that Order No. 33 of 18 February 2008 deals with the procedures for the inclusion of workers of the Ministry of Education in the “occupational adjustment programme”, that this subject is expounded in detail in the standard that has been challenged by SINPRO-DF, which calls for the activity of the experts on this subject to go ahead with the participation of the trade union representatives, and that this is a controversial subject which calls for in-depth political and technical discussions between the parties. The Government also indicates that there were changes in the GDF, that, on 11 March 2011, Decree No. 32795 was published, creating a new organizational structure in the sector, and that the OSH policy is being drawn up. The Government also indicates that various measures were taken in connection with the teachers, and these included comprehensive discussions on the union’s demands; various full-scale discussions were held on a proposal for the democratic management of education in the Federal District; and the trade union submitted a proposal for draft legislation on democratic management. The Committee requests the Government to continue to supply information on the application of these Articles of the Convention with regard to teachers in the Federal District and also requests the Government to consider the possibility of their possible inclusion in the sectoral reviews provided for in Article 7 of the Convention. Moreover, referring to its comments on the application of the Benzene Convention, 1971 (No. 136), the Committee requests the Government to consider that possibility with regard to the petrochemical industry, in conjunction with the social partners, and to supply information in this regard.

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

Articles 4 and 8 of the Convention. Formulation, implementation and periodic review of a coherent national policy for occupational safety and health (OSH), in consultation with the representative organizations of employers and workers. Referring to its previous comments, the Committee notes that on 22 February 2010 the Tripartite Committee on Occupational Safety and Health (CTSST) approved the national OSH policy. It notes with satisfaction that on 7 November 2011 the President of the Republic promulgated Decree No. 7602, whereby Brazil adopted its national OSH policy. The Committee notes the information concerning the extensive participation of the social partners in the formulation of this policy and that the policy is based on five principles: universality, prevention, precedence of promotion, protection and prevention over assistance, rehabilitation and reparation, social dialogue and comprehensiveness. Moreover, it notes that the mandate of the CTSST includes the periodic review of the national OSH policy, the formulation, monitoring and periodic review of the National Plan, the dissemination thereof and the coordination of OSH networks. The Committee requests the Government to continue to supply information on the application of its national policy and on the National Plan.

Articles 1 and 2. Application of the Convention to all branches of economic activity and to all workers in the branches concerned. In its previous comments the Committee noted a communication from the Single Confederation of Workers (CUT), indicating that informal work is a persistent problem, since a large number of workers are not declared and that, accordingly, policies are not geared to the real number of workers who should normally be covered by them. It also noted the Government’s reply indicating that the labour inspectorate plays a key role in taking action against undeclared work and asked the Government to continue to provide information on the measures taken, in consultation with the social partners, to extend OSH protection to all Brazilian workers. The Committee notes the Government’s indication that the issue of work in the informal economy is extremely complex and a source of concern for all sectors and that the economic revival of the country has enabled an increase in the formal economy, which in itself extends protection. It indicates that the health system is universal but that social security and protection relating to employment are mainly features of the private formal sector. The Government indicates that efforts have been made to extend the scope of application in certain aspects, for example with a view to extending social security cover for individual contributors without a formal employment relationship, and also through the creation of the “simplified plan for inclusion in the social security system” of Decree No. 6042 of 12 February 2007, which reduced the rate of social security contributions from 20 to 11 per cent of the minimum wage, thus benefiting self-employed contributors and reducing under-registration, as stated in its report on the application of the Occupational Cancer Convention, 1974 (No. 139). The Committee also refers to its comments on the application of the Safety and Health in Construction Convention, 1988 (No. 167), in which it notes similar comments from the trade unions and the Government’s statement concerning the drawing up of an indicator of real unemployment, which would contribute towards better identification of the number of workers who should be covered by the Convention. As regards the issue raised by the CUT regarding the extension of health coverage to workers in the informal economy, the Government indicates that this is not applicable under the existing system in which companies pay a tax as a way of partially financing employment injury benefits, and indicates that the abovementioned Decree created a bonus system for the reduction of contributions from enterprises which reduce their sickness and accident rate. The Committee notes that the national policy provides in its guidelines for the universality of its actions and provides for the adoption of a national plan on OSH, the formulation of which will begin this year. While noting the measures communicated by the Government to extend the scope of employment injury benefits, the Committee requests the Government to provide information on the manner in which its national plan on OSH takes account of workers in the informal economy, both in the estimation of the number of workers and in the proposed OSH measures.

Article 9(1). Adequate and appropriate system of labour inspection to secure the enforcement of laws and regulations concerning OSH. Petrochemical industry. Communication from the Rio Grande do Sul Union of Workers for the Road Transport of Liquids and Gases, Oil Derivatives and Chemicals (SINDILIQUIDA/RS). In its previous comments the Committee noted the communication from SINDILIQUIDA/RS and the labour inspection reports attached by the trade union. It noted the indications in these reports that, despite the vigilance of the labour inspection services of Rio Grande do Sul to enforce the relevant legislation, enterprises persist in failing to give effect to the laws and regulations relating to OSH, and this raised doubts as to whether the inspection system is appropriate and efficient. The Committee asked the Government to provide its assessment of the effectiveness of the means that exist to address the issues raised by SINDILIQUIDA/RS. The Committee notes that, as regards the Petrobrás company and compliance with the obligations established by Ruling No. 00075-2003-024-04-00-0 of the 24th Labour Division of Porto Alegre, to which the Committee referred in its previous observation, the Government provides a transcription of part of the record of the judicial hearing of 22 August 2008, noting that Petrobrás is complying with the points relating to the Articles mentioned above, and that the company has adopted prevention programmes. Furthermore, the Government indicates that it is taking follow-up action and that, according to a statement of 26 February 2010 from the Director of the Secretariat of the 24th Division which brought the case, there had been no statement to date from the parties concerned regarding the meeting that had been planned for 16 December 2009. As regards the Shell company, the report indicates that, as a result of action by the inspectorate in February 2009, six writs of infringement were issued for persistent non-compliance. The Committee notes with interest the work carried out by the labour inspectorate, whose reports show that there is up-to-date and detailed follow-up action in the situation which was the subject of the communication. The Committee will continue to follow up in future on the specific issues arising from this communication in its comments on the application of the Benzene Convention, 1971 (No. 136), and of Convention No. 139.

General issues relating to the application of this Article. The Committee refers to information in a report by the Government of 14 December 2007 which it noted in its comments on the application of the Chemicals Convention, 1990 (No. 170). On the one hand this report indicates that SINDILIQUIDA/RS supports its complaints by referencing the labour inspection reports and this therefore endorses the quality of the actions of the labour inspectorate. It also indicates that the penalties established in the legislation are insufficient, that the judiciary has, on occasion, overturned emergency measures ordered by the labour inspectorate, by accepting the employers’ argument that stoppage of the plant concerned would cause serious economic damage, without duly recognizing the hazards that continuation of these activities represents, and examples are quoted such as a judicial decision in Minas Gerais which determined that regulatory standards Nos 7, 9 and 18 did not apply to the members of the trade union of major construction workers SICEPOT in Minas Gerais. The document also indicates that the solution called for to obtain greater efficiency lies outside the competence of the Secretary of Labour Inspection, which has spared no effort to perform its task. The Committee wishes to emphasize that the application of the Convention, including this Article, is the Government’s responsibility and this requires joint efforts from both the legislative bodies and the law enforcement bodies. The Committee requests the Government to provide its assessment concerning whether the penalties established in law may be inadequate and concerning any court decisions which may constitute possible obstacles to the application of the measures prescribed by the Convention. The Government is also requested to provide information on the measures taken or contemplated in this regard.

Article 11(c). Occupational accidents and diseases – Notification procedures and annual statistics. In its previous comments the Committee invited the Government to take account of the issues raised by the CUT regarding the impact of undeclared work on occupational accidents statistics and to provide detailed information on the measures taken or contemplated to address the problems in this sphere, including in the construction, petrochemical and metallurgy industries. The Committee notes the detailed information from the Government concerning analysis of occupational accidents and the work of the labour inspectorate in the abovementioned sectors. It notes that, as regards the latter’s activity in OSH, 17.23 per cent was devoted to civil construction, whereas 0.05 per cent took place in the petroleum industry. As regards the system for the notification of occupational accidents, the Government indicates that information relating to the formal sector is based on notifications of occupational accidents (CAT) to the social security bodies, that the single health system (SUS) registers accidents involving workers covered by this system, and that the labour inspectorate always examines complaints of under-notification. The Committee requests the Government to continue to supply information on the new measures taken to address the issue of under-notification, including with regard to workers in the informal economy, with special emphasis on the sectors in which the labour inspectorate has recorded a high accident rate, such as the construction industry, and requests it to supply information on the continuing impact of measures for notification apart from the CAT system, to which it referred in its comments on Convention No. 139.

Article 15. Coordination between various authorities. Communication from the Union of Teachers, Federal District (SINPRO-DF). The Committee refers to the communication from the union and to the information supplied by the Government concerning the measures taken to settle the issues raised, which shows that the union has the possibility of intervening actively in discussions on OSH policies for its sector. The Committee also refers to the communication from the Union of Forensic Experts of the State of São Paolo (SINPCRESP) and the Government’s reply. The Committee notes that these cases appear to indicate – together with those to which it referred in 2009 – the existence of problems of application of the Convention in the public administration in various states in Brazil or in the various administrations. While remaining aware of the problems that the application of the Convention may pose in the federal states, the Committee emphasizes that the Government must adopt the appropriate measures to guarantee the application of ratified Conventions throughout its territory, and requests the Government to provide information on the measures taken to ensure the application of the Convention to the staff in all administrations and states, and to continue to supply information on the application of the Convention to the workers referred to in these two communications.

Article 17. Collaboration between enterprises engaged in activities simultaneously at one workplace. Referring to its previous comments, the Committee notes the Government’s indication that Regulatory Standard No. 9 concerning the Environmental Hazard Prevention Programme (PPRA) states in clause 9.6.1 that whenever several employers are engaged in activities simultaneously at the same workplace, they shall be obliged to take coordinated action to apply the measures provided for in the PPRA for the protection of all workers exposed to the environmental hazards concerned. The Committee requests the Government to indicate whether this standard applies to all workers in all branches of activity and to provide information on its application in practice.

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

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

Articles 4, 7 and 15 of the Convention. Formulation, implementation and revision of national policy. Revision at appropriate intervals with regard to occupational safety and health in specific sectors. Coordination between various authorities. Communication from the Union of Teachers, Federal District (SINPRO–DF). The Committee notes the communication sent by SINPRO–DF and the reply from the Government received in June 2010. The Committee also notes that the Government’s report was received too late to be examined at the present meeting, and for that reason the Committee will merely examine the communication and its reply and will examine the Government’s report in 2011. The Committee notes that, according to SINPRO–DF, there is no system of health protection for the public sector and in particular the teaching sector, nor is there any inspection of workplaces, periodic examinations, risk evaluation, or statistics having a minimum of reliability to enable the adoption of effective policies. The trade union maintains that occupational safety and health standards in the public sector, particularly education, are limited to leave of absence for sickness and occupational rehabilitation, i.e. when the person concerned is already ill, but that there are no preventive measures. The union refers to various existing pathologies, osteo-muscular disorders, respiratory ailments and burnout, inter alia, and considers that these pathologies are due to the high level of stress which is a feature of this occupation, the excessively heavy workload, its repetitive character, and the gulf that exists between planners of policy and those implementing it. SINPRO–DF states that the situation is so serious that it has requested an investigation which is attached to its communication, from the Laboratory for Psychodynamics and Labour Clinic of the University of Brasilia. This study emphasizes the need for prevention and dialogue with the teachers. The trade union calls for an occupational safety and health policy to be formulated for the teaching sector, with the full participation of the workers.

The Government’s reply. Firstly, the Government indicates that the (national) Federal Government has adopted initiatives aimed at the application of standards to all federal public servants but that it has no knowledge of such initiatives with respect to the Government of the Federal District. It also indicates that the supervisory role of the Ministry of Labour does not extend to inspection of occupational safety and health conditions within public entities. Secondly, the Government sends a note from the Under-Secretariat for the Management of Education Professionals of the Government of the Federal District dated 13 April 2010, which indicates that the Occupational Safety and Health Council is established under section 5 of Decree No. 29.021/2008 and that its powers include the formulation of an occupational safety and health policy, and the monitoring and implementation thereof. It is unclear from the information supplied whether the representative workers’ and employers’ organizations participate in the aforementioned Council.

It is the Committee’s understanding that the Government makes a distinction between the application of national policy in sectors within its direct jurisdiction and in the Federal District and other federal entities. The Committee also understands, according to the information supplied, that the Federal District will formulate a specific safety and health policy for the Federal District, as suggested by the aforementioned Decree. The Committee recalls that it already indicated to the Government in previous comments that it should adopt appropriate measures to ensure the application of ratified Conventions throughout its territory, and that the Convention required a coherent national policy and coordination in order to achieve this. For that reason the Committee indicates that occupational safety and health policies intended for different sectors or territorial entities must form part of a national policy which establishes a basis applicable to all workers covered by the Convention. The Committee requests the Government to seek solutions to the situation described by SINPRO–DF in the context of Articles 4, 7 and 15 of the Convention, bearing in mind that the national policy referred to by these Articles prescribes consultation with the social partners and its formulation, practical application and periodic revision with the fundamental objective of prevention, and requests it to supply detailed information in this respect. The Committee also requests the Government to supply information on any measure adopted to achieve coherence and coordination of national policy as required by the Convention.

The Committee is examining other aspects of the communication from SINPRO–DF in its comments on the application of the Occupational Health Services Convention, 1985 (No. 161). In addition, as regards the examination of a communication from the Wood, Civil Engineering and Furniture Industry Workers’ Union of Altamira and Region (SINTICMA), it refers to its comments on the Safety and Health in Construction Convention, 1988 (No. 167).

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

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the Government’s report of 31 October 2008, the observations of the Single Confederation of Workers (CUT) of 28 August 2008, the observations of the Union of Forensic Experts of the State of São Paolo (SINPCRESP) of 19 September 2008 and the Government’s reply to these observations. The Committee also notes that the elements provided by the Government in relation to the observations made by the Workers’ Union of the Road Transport of Liquids and Gases, Oil Derivatives and Chemicals of the State of Rio Grande do Sul (SINDILIQUIDA/RS), which were forwarded to the Government on 8 November 2007, do not address the specific concerns raised in the observations. The latter comments were accompanied by the following attachments: a report of the regional labour delegation of Rio Grande do Sul, dated 31 July 2007, on the implementation of the orders issued in Ruling No. 00075‑2003‑024‑04‑00‑0 of the 24th labour jurisdiction of Porto Alegre; two reports on similar issues relating to the enterprise Shell Brazil from 2004 and 2005; and newspaper articles on the increase in accidents affecting the road transporters of liquids and gases. In addition, the Committee notes that observations by the Federal District Teachers’ Union (SINPRO-DF) on the application of some of the articles of the Convention were received by the Office on 1 December 2009. The Committee invites the Government to submit any comments it deems relevant in response to these observations with its next regular report, due in 2010.

Articles 1 and 2 of the Convention. Application of the Convention to all branches of economic activity and to all the workers in the branches concerned. The CUT indicates that informal work is a persistent problem, that a large number of workers are not declared and that, accordingly, policies are not adapted to the real number of workers who should normally be covered by them. According to the CUT, in the metropolitan areas of Recife/PE, Salvador/BA, Belo Horizonte/MG, Rio de Janeiro/RJ, São Paolo/SP and Porto Alegre/RS, the active population amounts to 23,576,000 persons, of whom 21,668,000 are considered to be in work, of whom only 9,494,000 possess a card giving entitlement to employment injury insurance (SAT). The CUT indicates that undeclared work prevents the formulation of policies for the prevention of accidents which take into the account the real number of workers concerned. The Committee notes that in its report the Government does respond fully to the Committee’s request for information made in 2007 concerning the progress achieved by the Government to increase occupational safety and health protection for all Brazilian workers. The Government indicates, however, that the labour inspectorate plays an important role in the fight against undeclared work. For example in 2008, 668,857 employment relationships were regularized after intervention by the labour inspectorate. The Committee requests the Government to continue to provide information on the measures adopted, in consultation with the social partners, to extend protection in relation to occupational safety and health to all Brazilian workers, taking due account of the CUT’s observations.

Articles 4 and 8. Formulation of a coherent national policy and consultation with the representative organizations of employers and workers for the formulation, implementation and periodical review of the national policy on occupational safety and health. The Committee notes that, according to the conclusions of the report of the regional labour delegation of Rio Grande do Sul, dated 31 July 2007, concerning Petrobras, none of the six following requirements established by the court have been given effect by the enterprise: (1) the obligation to ensure that drivers of service-providing enterprises do not undertake loading and unloading; (2) the obligation to prepare and implement audio prevention and protection programmes; (3) the obligation to prepare and implement a prevention and supervision programme for occupational exposure to chemicals, including respiratory protection programmes; (4) the obligation to implement numerous measures for the prevention of employment accidents, including vocational training; (5) the obligation to prepare and apply a system of integrated occupational risk management based on the programmes envisaged in the Safety and Health Regulatory Standards of the Ministry of Labour, including in service-providing enterprises; and (6) the obligation to carry out biological tests of drivers, particularly where there is a risk of developing work-related diseases. An opinion issued by the labour delegation referring to the Shell enterprise reaches similar conclusions. The Committee notes that the Government confines itself to recalling the existing Regulatory Standards, but it recalls that Article 4 establishes, among other requirements, the obligation to implement the policy. Furthermore, under the terms of Article 8, governments are under the obligation to take such steps as may be necessary to give effect to Article 4 of the Convention. The Committee further notes that the new information provided by the Government in its latest report is confined to indicating that the proposed national policy has been submitted for public consultation and should be re-examined by the Tripartite Inter-Ministerial Occupational Safety and Health Commission (CTSST), established by Inter-Ministerial Order No. 152 of 13 May 2008. In its 2008 observations, the CUT emphasizes that, following the public consultation on the paper “National Occupational Safety and Health Policy (PNSST)” little progress has been made in the adoption of the policy. In this context, the Committee draws the Government’s attention to the 2009 General Survey on occupational safety and health (the General Survey), with particular reference to its paragraphs 53–89. The Committee invites the Government to take measures as rapidly as possible to finalize the process of the adoption, implementation and review of a coherent national policy on occupational safety and health, as required by Article 4 of the Convention, and to provide detailed information in its next report on the progress achieved. It also requests it to take the necessary measures for the implementation of the national policy, in accordance with Articles 4 and 8 of the Convention, and to provide detailed information on this subject, including on the petrochemicals sector in Rio Grande do Sul.

Article 9, paragraph 1. An adequate and appropriate system of labour inspection to secure the enforcement of laws and regulations concerning occupational safety and health. Comments made by SINDILIQUIDA/RS. The petrochemical industry. The Committee notes that the Government has not fully replied to the comments made by SINDILIQUIDA/RS. According to SINDILIQUIDA/RS, the labour inspectorate has been unable to enforce, despite the efforts made, the following Articles of the Convention: Article 16(3): The union indicates that driver-loaders have no protective equipment; Article 17: The union indicates that, in practice, simultaneous operations by several employers result in none of them taking responsibility for the application of safety and health standards to driver-loaders; Article 18: Measures to deal with emergencies and first-aid arrangements; Article 19(d): Training of workers and their representatives; and Article 20: Cooperation between management and workers. The Committee notes with particular attention the opinion of the regional labour delegation of Rio Grande do Sul dated 31 July 2007, in which it appears that Petrobras, despite the orders issued by the labour inspectorate, the penalties and even the conviction in a court of law, has not taken the necessary measures to improve the safety and health situation. A similar opinion was issued with regard to the Shell enterprise. The Committee notes that, despite the vigilance of the labour inspection services of Rio Grande do Sul to enforce the relevant legislation, enterprises persist in failing to give effect to the laws and requirements relating to occupational safety and health and that this raises a doubt as to whether the inspection system is appropriate and sufficient. The Committee requests the Government to provide its assessment of the effectiveness of the means that exist to address these issues, invites it to continue making efforts to ensure that the enterprises concerned give effect to safety and health standards and requests it to provide information on the measures adopted or envisaged. It once again requests the Government to provide its comments in reply to the communication from SINDILIQUIDA/RS.

Article 11(c). Occupational accidents and diseases – notification procedures and annual statistics. The CUT indicates that undeclared work not only hampers the formulation of accident prevention policies that take into account the real number of workers, but that this situation also has an impact on employment accident statistics, as undeclared workers do not appear in the records. In this respect, the CUT provides information supplied by, inter alia, the Wood Industry Workers’ Confederation (CONTICOM), which demonstrates that all occupational accidents and diseases are not properly notified. With reference to subcontracting, the Committee notes the information communicated by the CUT from the Union of Oil Workers of Minas Gerais (SINDIPETR/MG), according to which it is common practice for the number of accidents officially recorded to be significantly lower than the number that actually occur, and the Union of Oil Workers of Ceará (SINDIPETRO/CE), according to which workers covered by subcontracting arrangements are the most vulnerable. The CUT indicates that this problem effects the whole petroleum sector, including Petrobras. It also indicates the problem of inadequate criteria for notification and gives the example of the enterprise Arcelor-Mittal, with the indication that the deaths of six metallurgical workers in Espirito Santo were not registered. In Minas Gerais, only deaths occurring at the workplace are declared, while those that occur in ambulances or in hospitals are not taken into account. The CUT concludes that, despite the praiseworthy attempt by the Government to adopt and endeavour to implement a safety and health policy, the measures taken have not proven to be effective and these difficulties should incite the Government to take adequate measures for the effective implementation of the Convention. The CUT considers that technical assistance from the Office is essential for this purpose. In reply, the Government indicates that the labour inspectorate has prepared a plan making the investigation of occupational accidents the priority for 2009 and including, among other action, a review of the procedures for the identification of critical sectors. The Government adds that, among the measures adopted to address this problem, the Ministry of Labour has promoted the use of more effective techniques for the analysis of accidents through the publication of a paper on approaches to the analysis of occupational accidents, which is available on the web site of the Ministry of Labour. In this context, the Committee also draws the Government’s attention to the General Survey referred to above, and particularly its paragraphs 135 to 137 and to 296, as well as paragraph 209(b) and (i) of the conclusions adopted following the discussion of the General Survey at the Conference. The Committee welcomes the Government’s decision to make the analysis of employment accidents a priority for 2009. It invites the Government to take into account the problems indicated by the CUT and to provide detailed information on the measures adopted or envisaged to address the problems in this area, including the construction, petrochemicals and metallurgy sectors. The Committee reminds the Government that it may request the technical assistance from the Office, if it considers it necessary.

Article 15. Coordination between the various authorities. Communication of the SINPCRESP. The Committee notes that the observations by the SINPCRESP refer to the occupational safety and health conditions of criminology experts of the State of São Paolo. The latter are auxiliaries in the criminal justice system, with highly specialized technical knowledge. The SINPCRESP describes in detail their conditions of work and alleges that they work in premises that are not suitable, without protective equipment, even though they use hazardous products and work on average 13 hours a day. It adds that the safety and health conditions are deplorable and that preventative action is not taken. As employees of the State of São Paolo, they are covered by general legislation and that of the State of São Paolo, but are not covered by the relevant regulations of the Ministry of Labour. According to an information note of the Ministry of Labour entitled “Information/SRT No. 96/2008” of 30 June 2008, the federal Government cannot intervene in the above case due to the autonomy of the federal states by virtue of which they formulate their own policies with respect to their relations with their public officials. Nevertheless, according to the same note, the Ministry of Labour can propose measures to reinforce the social partners and request a technical opinion from the Office of the Regional Superintendent of Labour of São Paolo on the safety and health conditions of criminology experts. This technical opinion would provide a basis for the Ministry of Labour to request the competent authorities in São Paolo to improve the working conditions of the experts. The Committee also notes that, under the terms of section 5 of Decree No. 5.961 of 2006, agreements may be concluded with, among other parties, the States of the Union for the implementation of the activities entrusted to the Integrated Occupational Health System for Federal Employees (SISOSP). The Committee considers that, in addition to the specific safety and health situation of criminology experts in the State of Sao Paulo, this communication raises an issue of a general nature relating to the application of the Convention in the various States and public administrations. The Committee recalls that it examined a similar issue in its 2007 observation following a communication from the Federal Union of Public Service Workers of the State of Goiàs (SINDSEP-GO), according to which initiatives to improve occupational safety and health in the public sector have only had a limited impact due, among other factors, to the division of responsibilities between the Federal Government and local government. These cases appear to bear witness to a problem in the application of the Convention in the public sector in the various states of Brazil. Although aware of the difficulties that the application of the Convention can raise in federal states, the Committee emphasizes that the Government is under the obligation to adopt appropriate measures to ensure the application of ratified Conventions throughout its territory. It recalls in particular that, under the terms of Article 15 of the Convention, with a view to ensuring the coherence of the national policy referred to in Article 4 and of measures for its application, each Member shall make arrangements to ensure the necessary coordination between various authorities and bodies called upon to give effect to Parts II and III of the Convention. The Committee notes that the measures envisaged in Information Note SRT No. 96/2008 and the agreements envisaged in section 5 of Decree No. 5.961 of 2006 could contribute to this. The Committee requests the Government to: (i) make appropriate arrangements to ensure the necessary coordination, as provided for in Article 15, to secure the application of the Convention, including to employees in the various public administrations; (ii) give effect to the measures set out in Article 7 of the Convention in relation to the criminology experts of the State of San Paulo; and (iii) provide detailed information on the measures adopted and their impact in its next report.

Articles 4, 8 and 15. Coordination and coherence of the national policy. The Committee notes the information on the efforts made by the various ministries, specialized institutions such as FUNDACENTRO, and the operation of: (a) several tripartite commissions specializing in various aspects of safety and health, the reports of which can be consulted on the web site of the Ministry of Labour (http://www.mte.gov.br/seg_sau/comissoes.asp); and (b) tripartite groups formulating technical standards in the field of occupational safety and health. In this respect, the Committee recognizes the efforts made by the Government to achieve progress in the formulation and implementation of occupational safety and health standards. However, noting the communications reporting numerous problems of application in practice, the Committee considers that these efforts should be accompanied by an appropriate methodology with a view to ensuring the coherence of the national policy required by the Convention, and the necessary coordination between the various authorities and institutions responsible for giving effect to Parts II and III of the Convention, with a view to its effective application. The Committee therefore invites the Government to take these fundamental aspects into account and to provide its comments on this subject.

Article 17. Collaboration between enterprises engaged in activities simultaneously at one workplace. With reference to its comments under Article 9 of the present Convention and Article 6 of the Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148), the Committee requests the Government to take measures to secure the effective application of this Article in practice, and to provide detailed information on the measures adopted and their impact in its next report.

Part V of the report form. Application in practice. The Committee notes the difficulties in the application of the Convention raised in the observations examined above. These problems appear largely to relate to insufficient coordination between federal and local bodies in relation to OSH in the public sector and to problems related to enforcement encountered by the labour inspectorate, for example in the petrochemical sector. These problems appear to be compounded by the extent of subcontracting in the sector and the difficulties involved in ensuring the application of the Convention as regards these vulnerable workers. Another problematic area relates to shortcomings in the recording and notification of occupational accidents and diseases which implies that the possibilities are hampered for the authorities to have a proper appreciation of the actual situation in the country as regards occupational safety and health and the impact of the actions taken. Against this background, the Committee notes with interest that Inter-Ministerial Order No. 152, of 13 May 2008, establishes the Tripartite Committee on Occupational Safety and Health (CTSST), with the objective, inter alia, of evaluating and proposing measures for the implementation of the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187). The Committee considers that an effective implementation of the systematic methodology reflected in Convention No. 187 –which constitutes a more express regulation of the strategy underlying Convention No. 155 – could contribute to addressing the problems referred to above. The Committee also invites the Government to consider whether a ratification of the Protocol of 2002 to Convention No. 155 would be helpful as a means to ensure that the Government would dispose of the tools to be able to assess its progress in this area as reflected in statistics. With reference to the task entrusted by Order No. 152 to the CTSST in relation to the national policy, the Committee requests the Government to adopt every measure necessary to address the issues raised above in this context, and to ensure that all public employees at the federal, State and local levels participate in the development and are covered by the national policy, as required by the present Convention. The Committee requests the Government to keep it informed of all relevant progress in this respect.

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

1. The Committee notes the comments of the Union of Workers in the Road Transport of Liquids and Gases, Oil Derivatives and Chemical Products (SINDILIQUIDA/RS), which were received with the attachments on 4 October 2007 and sent to the Government on 8 November 2007. It notes that these observations relate to the alleged non-observance of the following Articles of the Convention: Article 9, System of inspection and penalties; Article 16, paragraph 3, Protective clothing and protective equipment; Article 17, Collaboration between enterprises engaged in activities simultaneously at one workplace; Article 18, Measures to deal with emergencies and first-aid arrangements; Article 19(d), Training of workers and their representatives; and Article 20, Cooperation between management and workers. The Committee requests the Government to reply to the comments of the SINDILIQUIDA/RS.

2. The Committee refers to its previous comments concerning the Government’s reply to the observations made by several unions from various industries and it once again requests the Government to provide comments on the following issues.

3. Footwear industry. The Committee notes the information provided in reply to the observations of the Democratic Federation of Shoemakers of the State of Rio Grande do Sul and the Union of Workers of Irmãos and MRRO Reuter, including information on inspections of enterprises in the sector. It notes that, according to the regional inspection office, working conditions in such enterprises in the State of Rio Grande do Sul are currently improving, as demonstrated by the statistics provided. Noting that these improvements appear to contribute to greater effect being given to Article 7 of the Convention, under which the situation regarding occupational safety and health and the working environment shall be reviewed at appropriate intervals with a view to identifying major problems, evolving effective methods for dealing with them and priorities for action, the Committee requests the Government to keep it informed of any progress achieved in this respect.

4. Marble, granite and lime industry. The Committee notes the information provided in reply to the observation of the Union of Workers of the Marble, Granite and Lime Industry of the State of Espíritu Santo (SINDIMARMORE), according to which the mortality rate from employment accidents in the mining sector is decreasing and that this decrease appears to be statistically confirmed by data provided by the Government. The Committee also notes the information provided on the positive results achieved through various activities undertaken to improve the general situation relating to occupational safety and health. Nevertheless, as recognized by the Government, the mortality rate still remains high, especially in the extraction of stone, sand and clay industries, despite the efforts made, including the targeting of mining in the annual inspection objectives for state and regional inspectorates, such as those carried out in the States of Minas Gerais and d’Espíritu Santo. The Committee would be grateful if the Government would continue to provide information on the measures taken and the results achieved in improving the overall occupational safety and health situation in the marble, granite and lime industries.

5. The fishing sector. The Committee notes the information provided in reply to the observations of the Union of Fishers of Angra dos Reis, including the indication that the Government is in the process of improving the effectiveness of the inspection services by targeting inspection on particularly hazardous activities. Accordingly, the Ministry of Labour and Employment has given priority to inspections in the fishing sector. The Committee notes the Government’s statement that working conditions in the sector have been considerably improved. It notes with interest the reference made by the Government to a major training programme for inspectors, particularly those responsible for the enforcement of occupational safety and health law, through a programme of training and further training for over 500 inspectors throughout Brazil covering such fields as ergonomics, occupational risk management, accident analysis methodology, rural work and monitoring of the strategies adopted. Noting that this initiative could have a positive impact that is not limited to the fishing sector, the Committee requests the Government to provide information in its next report on the results of these programmes and courses, as well as their impact on the occupational safety and health situation, not only in the fishing sector, but also in other sectors.

6. Public services. The Committee notes the information provided in reply to the observations made by the Federal Union of Public Service Workers of the State of Goiàs (SINDSEP-GO), including the indication that the impact of initiatives to improve occupational safety and health in the public sector employing the members of SINDSEP-GO has been limited, inter alia, because of the distribution of competences between the federal and local government in relation to the municipal and state public service, respectively. This limits the possibility for the labour inspectorate, which is under the responsibility of the Ministry of Labour and Employment, to take direct and effective action, with the result that its activities are difficult and dispersed. Noting the initiative to increase the representativeness of the Standing Joint Tripartite Commission (CTPP) through the inclusion of representatives of the public sector, the Committee hopes that appropriate measures will be taken to ensure the effective application of the Convention in public services and requests the Government to continue providing information on the measures taken and the results achieved in this respect.

7. Articles 1 and 2. Application of the Convention to all branches of economic activity and to all workers in the branches concerned. The Committee notes with interest the information provided on the efforts made by the Government to extend occupational safety and health protection to all Brazilian workers, inter alia, through legislation which also confers the right to such protection to workers in the informal economy. The Committee welcomes this initiative, which should have the effect of extending the scope of application of the Convention. It requests the Government to keep it informed not only of the progress achieved, but also of the manner in which this initiative is given effect in practice.

8. Articles 4 and 8. Formulation of a coherent national policy and consultation with the representative organizations of employers and workers on the formulation, implementation and periodic review of the national occupational safety and health policy. The Committee notes with interest that the Executive Inter-Ministerial Group on Safety and Health (GEISAT) published Inter-Ministerial Ordinance No. 800 of 3 May 2005, issuing the draft national occupational safety and health policy, which was formulated by the Group, for public consultation. The Committee also notes the Government’s indication that the CTPP has become a forum for active discussion and deliberation on occupational safety and health issues. The Committee welcomes this initiative, which could contribute to the more effective implementation of the national occupational safety and health policy and the prevention of accidents and injury arising out of, linked with, or occurring in, the course of work. The Committee requests the Government to describe the manner in which the most representative organizations of employers and workers were also consulted during the formulation of Inter-Ministerial Ordinance No. 800 of 3 May 2005. The Committee also requests the Government to keep it informed of any progress achieved in relation to the national occupational safety and health policy.

9. Article 9, paragraph 1. Adequate and appropriate system of inspection to ensure the enforcement of laws and regulations concerning occupational safety and health. The Committee notes with interest the information provided in the report relating to the adoption of Decree No. 4552 of 27 December 2002 approving the labour inspection regulations, which entrust inspectors with certain functions relating to the application of international treaties and conventions ratified by Brazil. The Committee also notes the indication that the inspection services are currently targeting the evaluation of employment risks and investigations following employment accidents. It further notes that there is now greater collaboration with the national Accident Prevention Commission. The Committee hopes that this progress will make it possible to give greater effect to the Convention and to improve the implementation of the national occupational safety and health policy. It requests the Government to keep it informed of the progress achieved in this respect.

10. Furthermore, the Committee notes the specific references made by the Government to the adoption of legislative and other legal texts relating to other Conventions covering the protection of workers in specific branches, such as agriculture. As this progress appears to be preparing the ground for a future ratification of the ILO Convention covering this field, the Committee invites the Government to examine the possibility of ratifying in the near future the Safety and Health in Agriculture Convention, 2001 (No. 184).

[The Committee is asked to reply in detail to the present comments in 2008.]

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

1. Further to its observation, the Committee requests the Government to provide information or clarification with respect to the following points.

2. Article 4 of the Convention. Formulation of a coherent national policy on occupational safety and health in consultation with employers’ and workers’ organizations. The Committee notes with interest that the Inter-ministerial Executive Group on Occupational Health (GEISAT) has issued the Interministerial Order No. 800 of 3 May 2005 through which the draft national policy of workers’ safety and health prepared by this Group was published for public consultation. Noting that this is a promising initiative to enhance cooperation at the institutional level which, no doubt, will contribute to more coherent actions in this area, the Committee requests the Government to describe the manner in which the most representative organizations of employers and workers also were consulted in the course of the preparation of this draft.

3. Article 9, paragraph 1. Adequate and appropriate system of inspection which secures the enforcement of laws and regulations on occupational safety and health. The Committee notes with interest the information in the report concerning the adoption of Decree No. 4552 of 27 December 2002 approving Regulations of the Labour Inspectorate and that these Regulations attribute inspectors with certain functions related to the application of international treaties and conventions ratified by Brazil. The Committee also notes the information that the inspection services are targeting activities related to the evaluation of risks at work and investigation of occupational accidents and that the collaboration with the Internal Commission of Accident Prevention is intensified. The Committee hopes that these developments will enhance the effect given to the Convention and improve the implementation of the national policy on occupational safety and health and requests the Government to keep it informed on the progress achieved in this respect.

4. The Committee also notes the Government’s specific references to recent adoptions of legislative or other texts related to other Conventions on workers’ protection in specific branches (agriculture, mines) or in respect of specific hazards (asbestos, guarding machinery, chemicals, major industrial accidents, etc.) and that these developments seem to pave the way for future ratifications of ILO Conventions in these areas. Accordingly, the Committee invites the Government to examine the possibilities for future ratification of the Safety and Health in Construction Convention, 1988 (No. 167), the Safety and Health in Mines Convention, 1995 (No. 176), and the Safety and Health in Agriculture Convention, 2001 (No. 184).

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

1. The Committee notes the Government’s latest comprehensive report including information in reply to the Committee’s previous comments. The Government is invited to provide additional information on the following issues.

2. Articles 1 and 2 of the Convention. Application of the Convention to all branches of economic activity and to all workers in the covered branches. The Committee notes with interest the information provided regarding efforts by the Government to extend occupational safety and health protection to all Brazilian workers, inter alia, through legislation conferring the right to such protection also to workers in the informal economy of the country. The Committee welcomes this initiative, which holds an interesting promise of an increased scope of application of this Convention, and requests the Government to keep it informed not only of the progress achieved, but also of the manner in which this initiative is translated into practice.

3. Articles 4 and 8. Consultation with representative employers’ and workers’ organizations on the formulation, implementation and periodical review of the national occupational safety and health policy. The Government indicates that the Permanent Joint Tripartite Commission (CTPP) has become a forum for active discussion and deliberation on occupational safety and health issues; and that one of the issues under discussion is the question of enhancing the representativity of the Commission by including representatives of the public sector. The Committee welcomes this initiative which could contribute to an increasingly effective implementation of the national policy on occupational safety and health and the prevention of accidents and injury to health arising out of, linked with or occurring in the course of work. The Government is requested to keep the Committee informed of any developments in this respect.

4. The Committee notes the information provided by the Government in reply to its previous comments based on observations from several trade unions in different industries and invites the Government to comment on the following issues.

5. The shoe industry. The Committee notes the information provided in reply to observations from the Democratic Federation of Shoemakers of the State of Rio Grande do Sul and the Union of Workers in the Shoe Industry of Dois Irmãos and MRRO Reuter, including information on inspections of enterprises in this sector. It notes that according to the Regional Inspectorate Office, working conditions in such enterprises in the State of Rio Grande do Sul are improving, as is demonstrated by statistical data submitted. Noting that these improvements seem to contribute to an application of Article 7 of the Convention calling for a review of the situation regarding occupational safety and health at appropriate intervals with a view to identifying problems, developing effective methods for dealing with them and setting priorities of actions, the Committee requests the Government to keep the Committee informed of any developments in this respect.

6. The marble, granite and lime industry. The Committee notes the information provided in reply to observations from the Union of Workers from the Marble, Granite and Lime Industry of the State of Espíritu Santo (SINDIMARMORE) including the indication that the rate of mortalities caused by occupational accidents in the mining sector is decreasing and that this decrease appears to be statistically confirmed by data provided by the Government. The Committee also notes the information provided on positive results achieved through different activities undertaken in order to improve the general situation with occupational safety and health. Nevertheless, and as recognized by the Government, the level of mortality still remains high, especially in the extraction of stone, sand and clay industries in spite of the efforts made including targeting mining in the annual macro targets for the state and regional inspections such as those in the States of Minas Gerais and Espíritu Santo. The Committee would be grateful if the Government would continue to provide information on the measures taken and results attained in improving the overall occupational safety and health in the marble, granite and lime industries.

7. The fishing sector. The Committee notes the information provided in reply to observations from the Union of Fishermen of Angra dos Reis including the information that the Government is in the process of increasing the effectiveness of its inspection services by targeting its control of specifically hazardous activities and that accordingly the Ministry of Labour and Employment has prioritized inspections in the fishing sector. The Committee notes the Government’s statement that as a result, the working conditions in this sector have considerably improved. The Committee notes with interest the Government’s reference to a major training programme for its auditors-fiscal, especially those responsible for law enforcement in the area of occupational safety and health including refresher courses and advanced training for over 500 auditors-fiscal from the whole of Brazil on ergonomics, occupational risk management, accident analysis methodology, rural work and strategic auditing. Noting that the potential positive impact of this initiative would not be limited to the fishing sector, the Committee requests the Government to provide in its next report information on results of such programmes and courses as well as its impact on the occupational safety and health situation not only in the fishing sector, but also in other sectors.

8. The public services sector. The Committee notes the information provided in reply to observations from the Federal Union of Public Service Workers of the State of Goiàs (SINDSEP-GO), including the information that the impact of initiatives to improve the occupational safety and health in the public sector including the members of SINDSEP-GO, has been limited, inter alia, because of the distribution of competencies between federal and local government as regards the municipal and state public service respectively. This limits the possibility for the Labour Inspectorate of the Ministry of Labour and Employment to take direct and effective actions and their activities in this area become difficult and dispersed. Noting the initiative mentioned above (see paragraph 3) to consider increasing the representativity of the CTPP by including representatives of the public sector, the Committee expresses the hope that appropriate measures will be taken to ensure an effective application of the Convention in the public services sector and requests the Government to continue to provide information on the measures taken and results attained in this respect.

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

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

The Committee notes the information provided by the Government in its last report. It notes with interest the various laws and regulations enclosed which have a direct and indirect bearing on the application of the provisions of the Convention, and the statistical information on occupational accidents. The Committee would like to draw the Government’s attention to the following points.

1. The Committee notes the Government’s reply to its previous comments based on the observations made by the Democratic Federation of Shoemakers of the State of Rio Grande do Sul and the Union of Workers in the Shoe Industry of Dois Irmãos and MRRO Reuter, which had denounced publicly the employers of the sector (the Brazilian Association of the Shoe Industry) for having put pressure on the federal Government to withdraw the classification as category three of the risk of the sector. The unions had indicated that, while seeking such withdrawal of the classification of risk of the sector, workers were not permitted to go away from their workplaces to rest rooms, humiliation imposed on workers by displaying publicly on walls the pictures of those who were absent from work due to illness, making workers work all day on Saturdays, threatening with dismissal of those refusing to work at night and on Saturdays.

2. In its reply, the Government indicates that the enterprises Calçados Maide Ltda, Dois Irmãos Ltda, Industria de Calçados Wirth Ltda, and H. Kuntzler Cia. Ltda, were inspected on several occasions during the period 1996 to 2000. It states that inspections were carried out regularly and companies were gradually improving their working conditions. The Government states that the information provided by the regional departments of Rio Grande do Sul, the state in which these undertakings were located, indicated that the irregularities identified previously were eliminated. The Government referred to an event held in Rio Grande do Sul on 28 October 1999, which it said was a success and had spin-off effects, including the initiation of discussion of the new Regulatory Standard No. 4 on the specialist service in occupational safety and health (SEST), currently under tripartite discussion prior to the drafting of a new law. This standard was to provide for the establishment of the collective SEST, for which a pilot project was already in operation, and its task was to guarantee good working conditions for particular groups of undertakings linked geographically and economically. One such pilot project was taking place in the region in which the abovementioned enterprises were located. It indicated that the collective SEST in Novo Hamburgo, RS, was fully operational.

3. In respect to the alleged change of classification of the level of risk in enterprises in the footwear sector without prior consultations with workers’ representatives, the Government states that since 1996 the Ministry of Labour had not amended any regulatory standards without the consent of the Standing Tripartite Commission with equal representation of parties (Comissão Paritária Permanente) that was set up pursuant to Ordinance No. 393. Representatives of the trade union federations participated in the Commission, which might not be to the liking of trade unions that were not members of the federations.

4. Concerning the comments of the trade union according to which the employers in the footwear sector had brought pressure to bear on the federal Government to change the category of risk from the third to the second classification, the Committee notes the Government’s statement that the National Classification of Economic Activities specified four "levels of risk" for enterprises by branch of activity. The footwear industry was classified at a level of risk "3", with the relevant legal ramifications. More recently the criterion of grading of risks for enterprises that was complained about, has been dropped by the Ministry of Labour and Employment. The new NR-5 on internal accident prevention commissions (CIPA), and NR-4 on specialist services in occupational safety and medicine, classified undertakings by economic sector and on that basis determined the size of the commissions, thus ceasing the use of the "level of risk" criterion complained about. The "level of risk" continued to be used for purposes of defining occupational accident insurance contributions, for welfare purposes and was defined on statistical criteria divided into three grades ("1", "2" and "3") with the footwear industry falling into the "big risk" level "2".

5. Please indicate, in practical terms, the implications for the occupational safety and health situation for workers in the footwear industry. The Committee would be grateful if the Government would continue to provide information on the results of inspection visits in the footwear industry and in particular enterprises mentioned above.

6. The Committee notes the information provided by the Government in reply to its observation of 2000 based on the comments submitted earlier by the Union of Workers from the Marble, Granite and Lime Industry of the State of Espíritu Santo (SINDIMARMORE). The Government states that the Ministry of Labour and Employment had adopted a number of measures regarding the working conditions in the mining, marble and granite sector with the intention of reducing the mortality rate resulting from industrial accidents in the sector. Among these it indicated the establishment of the National Standing Sub-Commission for Marble and Granite (SPNMG), with the objective of improving the working conditions in the sector. The Sub-Commission, made up of two workers’ representatives, two employers’ representatives and two government representatives, has been taking important decisions with the participation of the Ministry of Labour. Another measure referred to by the Government was the creation of an Internet page listing fatalities in the sector, together with broad tripartite discussion of joint action to be taken to reduce accidents. The Government also indicates the establishment of the Special Group to Support Inspection (GEAF), made up of inspectors assigned to the mining branch, and entrusted with the task of structuring strategic inspection procedures in the sector. Furthermore, annual macro-regional goals have been laid down for inspection and activities in states with extensive mining activity, in particular Minas Gerais, Espírito Santo and Bahia, with priority being given to the introduction of special inspection activities in the sector. The Government states that the continued activities conducted by the Ministry in the mining sector had produced positive results. The Government recalls that the Ministry of Labour and Employment had set itself the goal of reducing fatal industrial accidents by 40 per cent during the 1998-2003 period, and that, while there was an overall reduction of 23 per cent during the 1998-2000 period, a 50 per cent reduction was achieved in the mining sector. The Government considered that the rate remained high and that efforts continued to reduce it.

7. The Committee would be grateful if the Government would continue to provide information on the measures taken and results attained in improving the overall occupational safety and health of those working in the mining, marble and granite sector of activity, and in particular in reducing fatalities resulting from industrial accidents.

8. The Committee recalls that in one of its previous comments, it had requested the Government to provide information on the following points:

-  in respect of the points raised by the Union of Fishermen of Angra dos Reis and, in view of the Government’s intention to modify the inspection services so as to increase the effectiveness of the control of specific risks inherent in certain occupational activities, the Committee had requested the Government to pay special attention to the question of workers employed in the fisheries sector and the monitoring of their safety and health condition and to indicate the progress made in this respect;

-  in respect to the comments made by the Federal Union of Public Service Workers of the State of Goiàs (SINDSEP-GO), the Committee had requested the Government to supply detailed information on the manner in which effect is given to the provisions of the Convention in the Ministry of Agriculture Laboratories in the State of Goiàs and in other enterprises where workers are exposed to the risk of poisoning by chemical and biological substances and agents;

-  in respect to the functioning of the inspection services responsible for the enforcement of laws and regulations concerning occupational safety and health and the working environment, the Committee had requested the Government for information on progress attained in respect of the implementation of the Convention given the Government’s statement that a pluri-annual plan had been drawn up (1996-99) with a view, inter alia, to providing indications for the labour inspection services on new occupational safety and health control methods, in collaboration with research and study institutes, and to monitor working conditions and environment in urban and rural undertakings.

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

1.  The Committee notes the comments communicated by the Democratic Federation of Shoemakers of the State of Rio Grande do Sul and the Union of Workers in Shoe Industry of Dois Irmao and MORRO Reuter. These comments are intended to denounce publicly the employers in the sector (the Brazilian Association of Shoe Industry) for having put pressure on the Federal Government to withdraw the classification as category three of risk of the sector. This classification of risk of the sector was a historic attainment of workers after many years of sustained efforts and struggles. It was withdrawn summarily, in an authoritarian way and without consultations with workers. While these enterprises were seeking the withdrawal of the classification of risk of the sector, in some enterprises workers were obliged to note down the time with the production supervisor when they needed to go to the restrooms. In some enterprises there are even more serious situations where the post of supervisor having been eliminated, they have adopted a system whereby the production line continues until the break when all the workers have to leave their workplaces to go to the restrooms. This is inadmissible because there is only one break in the morning and another one in the afternoon. When workers need to go to the restroom other than outside these times, they are obliged to wait for the break. This could damage their health and cause them suffering and sickness. There is also the humiliation inflicted by the management of the enterprise H. Kuntzler Co. Ltd. on employees who were absent from work due to illness and other reasons. In one enterprise they even display publicly on walls the pictures of such employees. As if this was not enough, this enterprise obliges employees to work all day on Saturdays even when the big majority was against it. The same enterprise has threatened to dismiss those who refuse work at night and on Saturdays. It has carried out these threats with immediate effect on those concerned. Those who continue to work on such conditions complain constantly but privately and are afraid to say so to the supervisor for fear of losing their employment.

The union has tried on various occasions to negotiate with the management of the enterprise H. Kuntzler Co. Ltd. but without any success. Many other trade unions have protested in front of the enterprise against the manner in which the enterprise has been treating and insulting the workers. The union asks for a rigorous control of this intolerable situation in the sector.

In its reply the Government indicates that verifications carried out at the H. Kuntzler Co. Ltd. uncovered only a certain amount of excess hours worked per day that might violate section 59 of the Consolidation of Labour Laws (CLT). It states that other checks were made at other enterprises in the municipal region of Dois Irmaos including in workshops where no irregularities were discovered. However, the inspectors all the same provided indications on the manner of complying with the requirements of the laws in this regard.

The Government further indicates that the president of the Democratic Federation of Shoemakers of the State of Rio Grande do Sul was invited to elaborate on the contents of the union’s complaint. He essentially indicated a request for a seminar to fully discuss the degree of risk in the shoe industry in accordance with prior understandings reached with the technical staff dealing with the sector in the Ministry of Labour and Employment in Brasilia. Such a seminar accordingly took place on 28 October 1999 where all the trade unions and employers of the sector in the State were invited. Strangely the president of the Democratic Federation of Shoemakers of the State of Rio Grande do Sul did not participate. He sent a letter expressing disagreement with the contents of the seminar, which in his view, should have been elaborated with the participation of the workers. He then suggested 3 December 1999 as the date he preferred for the seminar. According to the officials concerned, at the time they attempted their verification on the four enterprises working in the sector in this State, two were on annual holiday closure. The other two, namely Calcados Maide Ltde. and Industria de Calcados Wirth Ltde., were inspected, but no restrictions regarding the use of and access to toilets by workers of the type indicated in the complaint were observed. The officials reiterated nonetheless the need to maintain free access to toilets for the workers.

The Committee would be grateful if the Government would continue to provide more particulars regarding any follow-up measures that were taken or envisaged as result of the seminar on occupational safety and health in the shoe industry in the State and if other similar seminars have taken place since.

The Committee recalls the comments made by the Democratic Federation of Shoemakers of the State of Rio Grande do Sul that the Government has withdrawn the classification as category three of risk of the sector, without consultations with workers. It would be grateful if the Government would communicate its views in this regard, taking into account the requirements of Articles 4 and 8 of the Convention, that the formulation, implementation and periodic review of a coherent national policy on occupational safety and health and the working environment, as well as the taking of steps by means of laws or regulations or any other method to give effect to such a policy, should be done in consultation with the most representative organizations of employers and of workers.

The Committee would be grateful if the Government would continue to provide further information with respect to workers’ access to toilet facilities in shoe industry enterprises in the State of Rio Grande do Sul, as well as regarding the results of any inspection visits conducted of the two enterprises that were closed up for annual holidays when the initial inspection was attempted in order to verify the union’s complaint in this regard, taking into account the requirements of Article 9.

2.  The Committee notes the information provided by the Government partly replying to its observation of 1999 based on the comments submitted by the Union of Workers from the Marble, Granite and Lime Industry of the State of Espiritu Santo (SINDIMARMORE). In any event, the Committee expresses its preoccupation with the bad conditions of work prevailing in this sector of economic activity in the country. This sector, which according to the Government accounts for 80 per cent of such Brazilian exports, should have been able to offer workers better conditions of work. The Committee emphasizes the fact that according to the report of the delegate of the Ministry of Labour of the State of Espiritu Santo, two more deaths among the workers have been reported on 10 November 1999. According to the same report, these deaths are the result of the absence of measures that ensure occupational safety and health in the marble and granite industry. The Committee hopes the Government will provide with its next report more ample information on the measures adopted with a view to reinforcing occupational safety and health measures in this industry. The Committee will examine these questions comprehensively in 2002 along with the rest of the information requested from the Government in its 1999 observation.

[The Government is asked to report in detail in 2002.]

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

The Committee notes the information supplied by the Government in its report, the comments submitted by the Union of Workers from the Marble, Granite and Lime Industry of the State of Espírito Santo (SINDIMARMORE), the reply of the Government thereto and the copy of the documentation annexed.

1. Regarding the comments submitted by SINDIMARMORE, of 23 February, 17 and 23 March 1999, the Committee notes the information that Ministry of Labour measures regarding the safety and health of workers are not respected in the marble and granite sector in the State of Espírito Santo, and that this has resulted in numerous, serious occupational accidents, many of them fatal (28 cases between 1997 and 1999) and a large number of workers suffering from occupational illnesses caused by harmful working conditions. The workers' organization also indicates that none of the many complaints submitted to various competent authorities has yet been dealt with.

In reply to the comments by SINDIMARMORE, the Government states that officials from the Secretariat of Occupational Safety and Health (SSST) visited the District of Itaoca and took note of the unsatisfactory working conditions. The Government included various reports drawn up by the labour inspection service and by occupational physicians. Moreover, it indicates that a meeting took place on the elimination of occupational accidents in the marble sector, at Vitoria on 25 March 1999, and that in 1998 7,999 inspections were carried out of which 611 concerned activities related to the extraction of stone, sand and clay. Finally, the Government indicates that in 1999 a project was executed on "The Reduction of Occupational Accidents and Diseases in the Marble and Granite Extraction and Processing Industries", the text of which was attached to the report. The Committee trusts that the Government will do everything possible to adopt the necessary measures to ensure application of the provisions of the Convention in the marble and granite sector, and asks it to continue supplying information on all progress achieved in the sphere, in particular as regards the industries situated in the State of Espírito Santo.

2. Article 9, paragraph (1) and (2), of the Convention. In its earlier comments, the Committee requested the Government to supply additional information on the functioning of the inspection services responsible for the enforcement of laws and regulations concerning occupational safety and health and the working environment. The Committee notes with concern, from the information provided by the SSST, that the Secretariat recognizes that there is little monitoring and supervision at present, since the auditory body in the Regional Work Delegations is not sufficiently effective, and there is a lack of occupational physicians and technicians to carry out supervisory activities. The SSST adds that, to face up to the situation described, a computerized system of labour inspection and occupational safety and health is being implemented to improve monitoring, to regulate the imposition of sanctions on, and guidance of, enterprises infringing regulations in the field, and to ensure that occupational physicians and safety and health technicians have free access to enterprises. The Committee also notes the Government's indication that a pluri-annual plan has been drawn up (1996-1999) with a view, inter alia, of providing indications for the labour inspection services on new occupational safety and health control methods, in collaboration with research and study institutes, and to monitor working conditions and environment in urban and rural undertakings. The Committee requests the Government to provide information on any progress achieved in respect of the implementation of these provisions of the Convention.

3. With reference to its comments on the points raised by the Union of Fishermen of Angra dos Reis, the Committee notes the information supplied by the Government that national labour legislation on safety and health also applies to the fisheries sector. The Committee requests the Government, in view of its intention to modify the inspection services so as to increase the effectiveness of the control of specific risks inherent in certain occupational activities, as mentioned in its report, to pay special attention to the question of workers employed in the fisheries sector and the monitoring of their safety and health condition. The Committee hopes that the Government will include information on all progress achieved in this connection in its next report.

4. The Committee notes the adoption of Order No. 8 of 23 February 1999 containing provisions to amend Regulation No. 5 referred to the Internal Committee for the Prevention of Accidents (CIPA).

5. With respect to the information contained in the Government's report on the adoption of Order No. 53 of 17 December 1997, approving Regulation No. 29 on safety and health in work in ports, the Committee refers to its observation to the Government on the application of Convention No. 32.

6. The Committee recalls that, in its previous observation, it referred to the comments submitted by the Federal Union of Federal Public Service Workers of the State of Goiàs (SINDSEP-GO), of 1 March 1996, and again asks the Government to supply detailed information on the manner in which effect is given to the provisions of the Convention in the Ministry of Agriculture Laboratories in the State of Goiàs and in other enterprises where workers are exposed to the risk of poisoning by chemical and biological substances and agents.

Part V of the report form. The Committee notes the information supplied by the Government in its report regarding the number of contraventions reported, the number of workers covered by the Convention and the statistical information on occupational accidents and injured workers or those suffering from occupational diseases. The Committee would be grateful if the Government would continue to supply new data and statistics in its future reports as well as information on the measures undertaken to reduce hazards at work.

[The Government is asked to report in detail in 2002.]

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

I. Further to its previous comments, the Committee notes the Government's reply to the observations made by the Union of Workers of the Chemical, Petrochemical, Pharmaceutical, Paints and Varnishes, Plastics, Synthetic Resins, Explosives and Similar Industries of ABC and its affiliates, the Association of Workers Occupational Contaminated by Organo-chlorates. It notes that verification has been made regarding the implementation of the tripartite agreement as regards health and safety measures for the workers, including the compensation measures, with the participation of the authorities, the company and the trade union.

II. The Committee notes the text of Law No. 6.514 of 22 December 1977, Order (Portaria) No. 3.214 of 8 June 1978 and its various implementing regulations, and Order (Portaria) No. 3.067 of 12 April 1988 and its implementing regulations.

III. Article 9 of the Convention. 1. The Committee recalls that in their earlier comments, the unions had referred to the significant increase in the total number of occupational accidents, including fatal accidents, citing press reports indicating an increase of 26.8 per cent in 1995. The Committee also recalls its previous comments where it drew the Government's attention to the observations of various trade union organizations alleging a lack of efficiency in the system of inspection which, under paragraph 1 of this Article must be adequate and appropriate to enforce laws and regulations concerning occupational safety and health and the working environment. The said organizations contended that the sanctions for breaches of the laws and regulations laid down in section 19 of Decree No. 55.841 of 15 March 1965 as amended by Decree No. 97.995 of 26 July 1989, which, according to Article 9, paragraph 2, of the Convention must be adequate, were not always applied by inspectors.

2. Further to its previous comments, the Committee notes the information concerning case No. 46255-1470/97-41, initiated by the Union of Workers of the Food Industries of Jundiai, Cajamar, Campo Limpo Paulista, Louveira, Itupeva, Varzea Paulista and Vinhedo, the Union of Workers of the Print Industries of Jundiai and the Union of Workers of the Mechanical and Electrical Material Industries of Jundiai, Varzea Paulista and Campo Limpo Paulista, against the civil servants of the Ministry of Labour for illegal acts committed in the exercise of their duties. On the one hand the Committee notes that, the decision in the case against the civil servants for administrative wrongs they committed indicates that, sanctions could not be imposed on them not because of the unsubstantiated nature of the trade unions' complaint, as indicated by the Government in its report, but because of prescription. On the other hand, the Committee notes that, according to the information from the Directorate of Occupational Safety and Health of the Ministry of Labour, for the whole area of Jundiai which has approximately 500,000 inhabitants and about 60,000 enterprises, there are in all only two engineers and one safety official. Despite this, the number of visits made by these officials is more than the average.

3. The Committee would be grateful if the Government would provide further information on the functioning of the inspection services responsible for the enforcement of laws and regulations concerning occupational safety and health and the working environment, and on the enforcement of the sanctions established for breaches of the legislation as well as the measures taken or envisaged to increase the number of officials of the inspection services, in particular in the areas with major industrial concentration and resulting problems. In addition the Committee would be grateful if the Government would provide where statistics exist, information on the number of workers covered by the legislation, the number and nature of contraventions reported, the number, nature and cause of accidents reported, etc., as required by point V of the report form.

IV. Further to its observation of 1996 (point 1) referring to the comments made by the Union of Fishermen of Angra dos Reis, the Committee recalls that the Convention applies to all workers in all branches of economic activity (Article 2, paragraph 1) and that the coherent national policy on occupational safety, occupational health and the working environment provided for in Article 4 must include a strategy for the various branches of economic activity, including fishing. The Committee hopes that the Government will be in a position to indicate in the near future all the new measures that have been taken to prevent employment accidents in fishing and requests it to supply information on the progress achieved in this respect.

V. Further to its observation of 1996 (point 2) referring to the comments made by the Union Federal Public Service Workers of the State of Goiàs (SINDSEP-GO), dated 1 March 1996, the Committee requests the Government to provide detailed information on how effect is given to the provisions of the Convention in the activities carried out in the Ministry of Agriculture laboratories in the State of Goiàs and in other enterprises where workers are exposed to the risk of poisoning by chemical and biological substances and agents.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

Further to its previous comments, the Committee notes the Government's reply to the observations made by the Union of Chemical Industry Workers of ABC and the observations from the Union of Workers of the Food Industries of Jundiaí, Cajamar, Campo Limpo Paulista, Louveira, Itupeva, Várzea Paulista and Vinhedo, the Union of Workers of the Print Industries of Jundiaí and the Union of Workers of the Mechanical and Electrical Material Industries of Jundiaí, Várzea Paulista and Campo Limpo Paulista.

1. The Committee noted the observations made by the Union of Workers of the Chemical, Petrochemical, Pharmaceutical, Paints and Varnishes, Plastics, Synthetic Resins, Explosives and Similar Industries of ABC and its affiliate, the Association of Workers Occupationally Contaminated by Organo-chlorates, in communications dated 31 August and 14 November 1995, and 16 April 1996. According to the above organizations, since 1976 two factories in the Cubatao region, one of which produced sodium pentachlorophenate ("penta") and the other carbon tetrachlorate and perchloroethylene ("tetraper"), caused irreversible damage to the health of their workers and to the local environment by their production methods and toxic wastes.

In its reply, the Government refers to the court decision of 4 June 1993 concerning the ban on the activity of the Chemical Unit of Cubatao, on the grounds that it was harmful to workers and the environment. The Government states that, on 14 June 1995, an agreement was signed by the public authority of the State of Sao Paulo the Union of Workers of the Chemical, Petrochemical and Pharmaceutical Industries and the enterprise in question, setting out environmental obligations, provisions on health and provisions for the compensation of the damage incurred, environmental rehabilitation and medical supervision of the workers employed in the Cubatáo Chemical Unit. Compliance with the agreement will be supervised by the public authority and by the Union of Workers of the Chemical, Petrochemical and Pharmaceutical Industries as regards the health of the workers. In this connection, following the ban on the activity of the enterprise, the employees continue in paid unemployment.

The Committee asks the Government to provide information on the implementation of the tripartite agreement as regards health and safety measures for the workers, including the compensation measures.

2. In observations of 22 May 1997, communicated to the Government, the Union of Workers of the Food Industries of Jundiaí, Cajamar, Campo Limpo Paulista, Louveira, Itupeva, Várzea Paulista and Vinhedo, the Union of Workers of the Print Industries of Jundiaí and the Union of Workers of the Mechanical and Electrical Material Industries of Jundiaí, Várzea Paulista and Campo Limpo Paulista state that there has been a significant increase in the total number of occupational accidents, including fatal accidents, citing press reports (which state that the number of accidents increased by 26.8 per cent in 1995). The above organizations state that a number of enterprises lack the right attitude to guarantee occupational safety and health (according to an estimate by doctors and experts specializing in accidents, cited by the Union, the enterprises are responsible for 70 per cent of the accidents).

In the absence of a reply from the Government on this matter, the Committee asks it to indicate the measures adopted to ensure the application of Article 16 of the Convention.

3. Article 9. The Committee notes that, in their observations, the above-mentioned organizations allege a lack of efficiency in the system of inspection which, under paragraph 1 of this Article must be adequate and appropriate to enforce laws and regulations concerning occupational safety and health and the working environment. The above-mentioned organizations contend that the sanctions for breaches of the laws and regulations laid down in section 19 of Decree No. 55.841 of 15 March 1965 as amended by Decree No. 97.995 of 26 July 1989, which, according to Article 9, paragraph 2, of the Convention must be adequate, are not always applied by inspectors.

The Committee asks the Government to provide information on the functioning of the inspection services responsible for enforcing laws and regulations concerning occupational safety and health and the working environment, and on the enforcement of the sanctions established for breaches of the legislation.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Government notes the detailed information supplied by the Government. It also notes the observations transmitted by the Union of Fishermen of Angra dos Reis, the Union of Federal Public Service Workers of the State of Goiás and the Union of Chemical Industry Workers of ABC.

1. The Committee refers to the observations made by the Union of Fisherman of Angra dos Reis reporting employment accidents that have resulted in the death of fishermen.

The Government states that it is necessary to formulate an action strategy to secure the implementation of national health and safety standards in the fishing sector, establish adequate inspection structures and organize collaboration between the competent authorities and bodies in this field. In a second communication, the Government refers to the measures taken (inspection visits, tripartite meetings) to control the general situation of various groups of fishermen. These activities pointed to the lack of a register of fishermen and the insufficiency of the controls of the regular nature of their employment relationships.

The Committee recalls that the Convention applies to workers in all branches of economic activity (Article 2, paragraph 1, of the Convention) and that the coherent national policy on occupational safety, occupational health and the working environment provided for in Article 4 must include a strategy for the various branches of economic activity, including fishing. The Committee hopes that the Government will be in a position to indicate in the near future all the new measures that have been taken to prevent employment accidents in fishing and requests it to supply information on the progress achieved in this respect.

2. The Committee notes, from the information provided by the Union of Federal Public Service Workers of the State of Goiás (SINDSEP-GO), dated 1 March 1996, that workers in certain laboratories of the Ministry of Agriculture of the State of Goiás are exposed to the risk of poisoning by harmful chemical substances. One person working in a laboratory died in 1994 as a result of poisoning; in June 1995, the workers called for the installation of protective equipment and their provision with personal protective equipment. According to the SINDSEP-GO, the delegation of the Ministry of Agriculture in Goiás did not respond to this demand for eight months. As a result, other workers have been poisoned during the handling of agro-chemical substances.

In reply to the observations made by the SINDSEP-GO, the Government describes: (i) a modification of the physical structure of the laboratories in question, which will require time; (ii) an inspection visit to the above laboratories, which led to the detection of irregularities and shortcomings, as well as specification of the corrective measures to be taken; and (iii) a study undertaken to examine the problem thoroughly. In another communication, the Government informed the Committee of the conclusions reached during a meeting to examine the observations of the SINDSEP-GO, to the effect that each laboratory controlled is provided with collective protective equipment and personal protective equipment and that the conditions of work are acceptable in all of these laboratories.

The Committee requests the Government to provide detailed information on the application of the Convention in the Ministry of Agriculture laboratories in the State of Goiás and in other enterprises where workers are exposed to the risk of poisoning by chemical and biological substances and agents.

3. The Committee notes the information supplied by the Union of Chemical Industry Workers of ABC on the occupational safety and health situation in the chemical unit of Cubatao de Rhodia SA, which illegally dumps organochlorate wastes. The Committee requests the Government to comment on these observations, which were transmitted to it by the Office in May 1996.

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

The Committee notes the information supplied by the Government in its first report and the full documentation attached to it. It requests the Government to supply additional information on the following points.

Article 2, paragraphs 2 and 3, of the Convention. The Committee notes the Government's statement that the Convention does not apply to public servants. Please indicate the grounds for the exclusion of this category of workers and the manner in which the representative organizations of workers concerned were consulted with regard to this exclusion.

Article 5(a), (b) and (e). Please indicate the extent to which the policy prescribed in Article 4 of the Convention covers the major fields enumerated in the above points.

Article 7. Please indicate the measures adopted to carry out the reviews covered by this Article, with an indication of their frequency.

Article 8. Please indicate the manner in which the representative organizations of employers and workers concerned were consulted.

Article 11(a) and (e). Please indicate the extent to which the competent authorities ensure that the functions enumerated in these provisions are carried out.

Article 12. The Committee notes that measures of a general nature are provided for in the national legislation with a view to ensuring the safety and health of workers using dangerous machinery, equipment and substances. It requests the Government to indicate the provisions adopted to ensure that those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use: (i) satisfy themselves that the machinery, equipment or substances do not entail dangers; (ii) make available information concerning the correct installation and use of machinery, equipment and substances; and (iii) undertake studies and research to comply with the above obligations.

Article 13. Please indicate the legislative or other provisions which ensure the protection envisaged under this Article.

Article 19(c), (e) and (f). Please indicate the arrangements at the level of the enterprise or the practical action adopted by enterprises so that: (i) representatives of workers are given adequate information on measures taken by the employer to secure occupational safety and health; (ii) workers and their representatives are enabled to inquire into, and are consulted by the employer on, all aspects of occupational safety and health associated with their work; and (iii) a worker reports forthwith to his immediate supervisor any situation which he has reasonable justification to believe presents an imminent and serious danger to his life or health.

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

The Committee notes the communication sent by the Colony of Employed and Artisanal Fishermen of Angra dos Reis, as well as the Government's reply to the above communication. The Committee also notes the communication sent by the Colony of Employed and Artisanal Fishermen of Angra dos Reis, dated 30 July 1995, in which it denounces employment accidents with fatal victims. In the absence of a reply by the Government to this latter communication, the Committee requests the Government to indicate any measure that has been adopted to ensure the application of the Convention to the fishing vessels in question.

The Committee refers to other matters in a request addressed to the Government.

[The Government is asked to report in detail in 1996.]