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

Portugal

Occupational Safety and Health Convention, 1981 (No. 155) (Ratification: 1985)
Safety and Health in Mines Convention, 1995 (No. 176) (Ratification: 2002)
Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) (Ratification: 2017)

Previous comment on Convention No. 155 and its Protocol of 2002

Previous comment on Convention No. 176

Previous comment on Convention No. 187

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Convention No. 155 and its 2002 Protocol (OSH), 176 (safety and health in mines), and 187 (promotional framework for OSH) together.

The Committee notes the observations of the General Confederation of Portuguese Workers - National Trade Unions (CGTP-IN), the General Workers’ Union (UGT) and the observations of Confederation of Portuguese Business (CIP) on Conventions Nos 155, 176 and 187, transmitted with the Government’s report.

The Committee notes the decision of the tripartite Committee set up to examine the representation submitted under article 24 of the ILO Constitution by the Trade Union of Labour Inspectors (SIT) alleging non-observance by Portugal of the Labour Inspection Convention, 1947 (No. 81), the Labour Inspection (Agriculture) Convention, 1969 (No. 129), and the Occupational Safety and Health Convention, 1981 (No. 155).

A. General provisions

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

Article 4(1) of Convention No. 155 and Article 3 of Convention No. 187. National policy on OSH and the working environment. Further to its previous comment, the Committee notes the information provided by the Government on the results achieved under the National Strategy for Safety and Health at Work 2015-2020 (ENSST 2015–2020), including: (i) the creation of forums in the construction, manufacturing and agriculture sectors to analyse accidents, identify specific needs and adopt concrete measures in these sectors; (ii) the provision of tools to support OSH risk assessments; (iii) the development of OSH training on protection against specific risks and in certain branches of economic activity; (iv) the approval of the OSH action plan for the public administration by Council of Ministers Resolution No. 28 of 2019; and (v) the development of OSH campaigns, including the dissemination of information on OSH legislation and best practices.

It also notes the observations submitted by the CIP, the UGT and the CGTP-IN on the evaluation of the ENSST 2015–2020, alleging that the objective of reducing the total number of occupational accidents and diseases was not achieved during the period under review. The UGT adds that there has been a significant increase in the number of reported occupational diseases, particularly diseases caused by physical agents, from 3,565 in 2015 to 12,571 in 2020. The UGT further indicates that the preparation of a new national strategy for safety and health from 2022–27 was suspended due to a lack of political will. The Committee requests the Government to strengthen its effort to prevent occupational diseases and to provide information on the reasons for the increase of diseases due to physical agents. It also requests the Government to provide information on the measures taken to ensure the formulation, implementation and periodic review, in consultation with the most representative organizations of employers and workers, of subsequent OSH strategies, including the measures taken to prevent occupational accidents and diseases, by minimizing, so far as is reasonably practicable, the causes of hazards inherent in the working environment, the interim evaluations of the strategies and the results achieved in this respect.

Article 11(e) of Convention No. 155, Article 3 of the Protocol and Article 4(3)(f) of Convention No. 187. Measures to improve the reporting of occupational accidents and diseases and mechanisms for the collection and analysis of data on occupational injuries and diseases. Further to its previous comment, the Committee notes the information provided by the Government on: (i) the collection of information on occupational diseases through the compulsory occupational disease reports; and (ii) the adoption of Decree Law No. 106 of 2017, which regulates the collection, publication and dissemination of official statistical information on occupational accidents. Pursuant to Decree Law No. 106 of 2017, employers are required to report occupational accidents to insurers, which in turn shall send this information to the government department responsible for labour statistics, which shall ensure the production and dissemination of official statistics on accidents at work (sections 3 and 6).

The Committee further notes the observations of the UGT indicating that there continue to be unsustainable levels of underreporting of occupational diseases and that the statistical sources of occupational accidents are outdated. The Committee notes that in their observations, the CGTP-IN and the UGT allege that the level of underreporting of occupational diseases in the country is very high and, as a result, many cases of occupational diseases are not diagnosed as such, but as natural diseases. The CIP also indicates that there is a need to improve the national systems for reporting occupational diseases and for collecting statistical data. The Committee requests the Government to pursue its efforts to improve the systems for the reporting, collection and analysis of occupational accidents and diseases. It also once again requests the Government to indicate how effect is given to Article 3(a)(ii) of the Protocol of 2002 concerning the responsibility of employers to provide appropriate information to workers and their representatives on the systems for recording occupational accidents and diseases. With respect to the reporting of occupational diseases, the Committee refers to its comments addressed directly to the Government regarding Articles 3 and 5 of the Occupational Cancer Convention, 1974 (No. 139), and Article 21(5) of the Asbestos Convention, 1986 (No. 162).

B. Protection in specific branches of activity

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

Article 3 of the Convention. Policy on safety and health in mines. With reference to its previous comment, the Committee notes that the Government indicates that: (i) the Directorate General of Energy and Geology (DGEG), in cooperation with other competent authorities, including the ACT, initiated the revision of Decree Law No. 162 of 1990, establishing the General Regulations on Safety and Health at Work in Mines and Quarries; and (ii) the DGEG periodically sends circulars to mine managers to reassess possible risk situations in mines.

The Committee also notes the observations of the CGTP-IN and UGT alleging that the extractive industries sector has one of the highest incidence rates of occupational accidents in the country (with an incidence rate of 18.2 accidents per 100,000 workers) and that despite inadequate health and safety conditions in the mines, companies do not invest in the protection of workers. The UGT further indicates that in the period 2020–22, nine workers have lost their lives and 85 cases of occupational diseases have been recorded in the mining sector. The Committee requests the Government to take measures to strengthen the implementation of the Convention with a view to ensuring safety and health in mining. It once again requests the Government to provide information on the formulation, implementation and periodic review, in consultation with the most representative organizations of employers and workers concerned, of a coherent policy on safety and health in mines, including the measures taken to address the incidence rate of occupational accidents and cases of occupational diseases in the sector.

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