Observación (CEACR) - Adopción: 1995, Publicación: 82ª reunión CIT (1995)

Convenio sobre el medio ambiente de trabajo (contaminación del aire, ruido y vibraciones), 1977 (núm. 148) - Brasil (Ratificación : 1982)

1. In its previous observation, the Committee noted the comments made by the Trade Union of Chemical and Petrochemical Industry Workers (SINDIPOLO) on the application of the Convention, which were received by the Office on 1 November 1993, and it requested the Government to supply detailed information in reply to these comments. The Committee notes the detailed reply provided by the Government in two communications received on 21 April and 25 October 1994.

In its comments, the Trade Union of Chemical and Petrochemical Industry Workers (SINDIPOLO) reported that in September 1993 the workers' representatives of SINDIPOLO and another trade union (SINDICONSTRUPOLO) had been invited to accompany two agents of the inspection service of the regional labour delegation (DTR) on their visit to the Copesul S/A-Companhia Petroquímica do Sul in order to check the occupational safety situation in the enterprise, particularly as regards noise, vibration and air pollution. They were not admitted onto the enterprise's land. They were only able to participate with the inspectors in their inspection visit the next day after the intervention of federal police officers. The SINDIPOLO alleges that such treatment of workers' representatives by the enterprise is in contravention of a series of provisions of the national legislation (section 1(7) of Regulatory Standard 01 of Ministerial Regulation No. 03 of 7 February 1988, Legislative Decree No. 56 of 9 October 1981 and Decree No. 93.413/86) and it constitutes non-observance of Article 5, paragraph 4, of the Convention, as well as of Article 3 of the Workers' Representatives Convention, 1971 (No. 135).

SINDIPOLO states that in a court action brought by Copesul S/A-Companhia petroquímica do sul against the regional labour delegate, the right to accompany the inspection officers of the DTR was not recognized for workers' representatives, who were considered to be alien persons, and section 1(7) of Regulatory Standard 01 of Regulation No. 03 of 7 February 1988 was considered to be a very doubtful provision. Finally, the judge's ruling abolished the supervisory mandate over occupational safety in respect of Copesul S/A-Companhia petroquímica do sul and restricted the access of inspectors to its territory. SINDIPOLO also states that similar judicial rulings had been handed down previously in similar cases.

In reply, the Government states that the facts described by SINDIPOLO are known to the Ministry, which adopts a similar position in this respect. As indicated by SINDIPOLO, workers' representatives had the right to accompany officers of the inspection service to control the observance of laws and regulations respecting occupational safety and medicine. However, judicial decisions which find against this right are binding on all parties (government, employers and workers) and will need to be appealed in due time, as was done. In order to find a solution to future situations and give statutory recognition to the important practice of inspection visits being accompanied by representatives of the enterprise as well as by the representative trade union of the workers at the workplace, a directive has been prepared and transmitted to all the members of the National Labour Council, who are to examine it within 90 days with a view to its publication in the Official Journal.

The Committee hopes that the above directive will make it possible to ensure that effect is given to Article 5, paragraph 4, of the Convention. It requests the Government to supply a copy of the directive when it has been adopted, as well as any information on the application in practice of the right of workers' representatives to accompany inspectors when they supervise the application of the measures prescribed in pursuance of this Convention.

2. With regard to a number of other provisions of the Convention, the Committee refers to the comments that it made in the form of a request addressed directly to the Government in 1994.