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

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) - Brazil (Ratification: 1982)

In its earlier comments, the Committee had noted the observations communicated by the Trade Union of Workers in the Civil Construction Industry, supported by the Trade Union of Mine and Metallurgy Workers (SINDIMINA), the Trade Union of Clothing and Textile Industry Workers (SINDITEXTIL), the Trade Union of Water Industry Workers, the Trade Union of Bakers and Pastry Cooks, the Trade Union of Port Workers (SINDIPESE), the Trade Union of Security Company Workers and the Trade Union of Oil Workers (SINDIPETRO), all workers' organizations in the state of Sergipe, which alleged that the regional delegate of the Ministry of Labour prohibits inspectors from being accompanied by workers' representatives. These comments appear to highlight the seriousness of the situation denounced in 1993 by the representatives of the workers' organizations, in that they indicate the existence of a policy on the part of the employers to prevent labour inspections, and the more so when the inspectors are accompanied by workers' representatives. This question was the object of a 1995 observation by the Committee. The Committee had noted, in its observation of 1997, the Government's reference to a draft standard instruction submitted to the National Labour Council, with a view to solving this problem. In its 1998 report the Government indicated that the "draft standard instruction" sent to the National Labour Council had been shelved on the grounds that the field covered by this regulation should be subject to collective bargaining and that the pertinent legislative measures would be adopted subsequently. The Government therefore indicates the adoption of Order No. 03 of 7 February 1998, issued by the Secretariat of Occupational Safety and Health (SSMT), which, under section 1(1) of Regulation No. 1, 1.7(c), IV(d), allows workers' representatives to accompany inspectors on visits related to the enforcement of legal and regulatory texts on occupational safety and health. In its report, the Government adds that this Order is applied throughout the entire territory.

The Committee observes that the Order cited (No. 03 of 7 February) was adopted in 1988, and not in 1998, and was published in the Official Journal of 10 March 1988. The Committee thus understands that the problems highlighted by the workers' organizations did not arise from the absence of a regulation, but from the failure to apply and respect a regulation, both by the employers and, more seriously, by a representative of the Government. The Committee therefore urges the Government to supply information on the measures adopted or envisaged to guarantee, under the terms of Order No. 03 of 7 February 1988 of the Secretariat of Occupational Safety and Health, that workers' representatives may accompany inspectors on their inspection visits related to the enforcement of occupational safety and health legislation and regulations, in application of the provisions of Article 5, paragraph 4, of the Convention, as well as information on the measures adopted in respect of the representatives of the state (the regional delegate of the Ministry of Labour) to ensure respect both for national legislation and for the provisions of the Convention.

With regard to the observations made by SINDIMARMORE of 23 February, 17 and 23 March 1999, the Committee refers the Government to its comments on the application of Convention No. 155.

The Committee is also addressing a request on a number of other questions directly to the Government.