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

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

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

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