Observación (CEACR) - Adopción: 2009, Publicación: 99ª reunión CIT (2010)

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

The Committee notes the Government’s report of 31 October 2008, containing replies to certain points of the Committee’s previous comments and the observations by the Workers’ Union of the Road Transport of Liquids and Gases, Oil Derivatives and Chemical Products of the State of Río Grande do Sul (SINDILIQUIDA/RS), including the attachments referred to in the Committee’s comments under the Occupational Safety and Health Convention, 1981 (No. 155).

Article 5, paragraph 4, of the Convention. Right of workers’ representatives to accompany labour inspectors on their supervisory visits. With reference to its previous comments in which it noted a communication made by various organizations of public employees (SERGIPE), alleging that the regional delegate of the Ministry of Labour was prohibiting inspectors from being accompanied by workers’ representatives, the Committee notes that, according to the Government, this situation has now been resolved. The Committee notes the allegation by SINDILIQUIDA/RS that, in violation of this provision of the Convention, there is an attitude of non-collaboration and flagrant disrespect of workers and their representative organizations in most enterprises. SINDILIQUIDA/RS affirms that its current President-elect, who signed the communication, is not able to accompany inspectors in their work. It further notes that, according to the Government, under the terms of section 1.7 of Regulatory Standard NR-01 of Order No. 3214/78, as amended by Order No. 03 of 7 February 1988, employers are required to allow workers’ representatives to accompany them in supervision of occupational safety and health laws and regulations. The Government adds that it has no knowledge of any cases of obstructions of this right related to inspection in the workplace. The Committee considers that the Government does not respond to the issues raised in this respect. The Committee therefore invites the Government to take the necessary measures to give full effect in practice to this Article of the Convention, including measures to ensure that representatives of SINDILIQUIDA/RS can accompany labour inspectors in their supervisory visits.

Article 6, paragraphs 1 and 2. Required collaboration where several employers undertake activities simultaneously. The Committee notes that, according to SINDILIQUIDA/RS, many employers, encouraged by the failure of the authorities to take action, do not feel responsible for the application of the Convention. The union adds that employers consider themselves exempt from the need to adopt measures to give effect to the Convention on the pretext of the contracting out of their activities, or in other words the transfer of the responsibility to other employers. It adds that, in practice, when there is more than one employer, instead of collaborating with a view to the application of the Convention, nobody takes on responsibility for anything, which is prejudicial to the workers. The Committee notes that, according to the Government, contracting out or subcontracting is a very topical and significant issue in industrial relations and in the increasing precariousness of conditions of employment. The Government adds that the privatization processes of major enterprises, which were formally public, have been responsible, especially over the past ten to 15 years, for major changes in the relations between enterprises, which have begun to be reflected in the legislation. However, various issues related to health and safety, such as medical examinations and the supervision of environmental risks, are under the responsibility of the Internal Commission for Accident Prevention (CIPA) and the Specialized Occupational Engineering, Safety and Medicine Services (SESMT), among other institutions. The Committee notes that various regulatory standards refer to this issue (NRs 04, specialized services – as amended by NR 17 –; 05, accidents; 07, medical examinations; 09, environment-related hazards; 18, construction; 22, mining; and 24, workplaces). It adds that section 4.5.3 of NR 04, as amended by NR 17, provides for the possibility of establishing joint SESMTs, although this is optional and subject to certain conditions, which would appear to indicate that the establishment of SESMTs in the presence of several employers is not compulsory. The Committee notes the union’s reference to the situation of driver-operators for Petrobras, Shell and other enterprises in the refining sector of Río Grande do Sul in respect of whom, according to the union, none of the employers take responsibility for the application of the Convention. The Committee draws the Government’s attention to the fact that this Article establishes the requirement that whenever several employers undertake activities simultaneously at one workplace, they shall have the duty to collaborate in order to comply with the prescribed measures and that “in appropriate circumstances, the competent authority shall prescribe general procedures for this collaboration”. Accordingly, collaboration between employers is not optional, but a requirement. The Committee therefore requests the Government to adopt the necessary measures to give full effect to this Article in practice, and in particular to re-examine the provisions requiring collaboration between the various employers involved in undertaking activities, including in refineries, with a view to securing compliance with the requirement of collaboration in practice, and to provide information on this matter. The Committee also requests the Government to provide specific information on the application of this Article in the case of the driver-operators to which SINDILIQUIDA/RS refers.

With regard to its previous comments on the working conditions in the various branches of the telecommunications company TELEMAR, the Government indicates that the adoption of Regulatory Standard NR 17, of 1 August 2007, amended the wording of NR 04. Noting that the latter NR includes section 4.5.3 respecting the apparently optional establishment of SESMTs, the Committee reiterates its comments made in the previous paragraph. The Committee also once again requests information on the application in practice of the measures adopted to address the deterioration of safety and health conditions in the telecommunications industry, including information on the establishment of SESMTs, the measures adopted to secure in practice the collaboration envisaged in Article 6 of the Convention, and the results achieved in the telecommunications sector.

Articles 10, 13 and 16. Personal protective equipment, the requirement to provide information, appropriate penalties and appropriate inspection. SINDILIQUIDA/RS alleges that in various cases personal protective equipment is not supplied, workers are not provided with information on occupational hazards and that, even though the labour inspectorate provides guidance, issues notifications and reports situations, this does not imply a change of attitude. The Committee refers to its comments under Convention No. 155 and hopes that, in collaboration with the social partners, the Government will develop an effective strategy, including the provision of appropriate penalties, to ensure that the measures adopted by the labour inspectorate are given effect in practice and it requests the Government to provide information on this matter.

Article 12. Notification to the competent authority of the use of processes, substances, machinery and equipment which involve the exposure of workers to occupational hazards in the working environment due to air pollution. The Committee notes the information provided by the Government indicating that the occupational exposure limit values adopted by the American Conference of Governmental Industrial Hygienists (ACGIH) are applied, or those established by collective bargaining where they are more rigorous, and it notes the standards for their implementation annexed to the report. The Committee requests the Government to provide more detailed information on the effect given in law and practice to the obligation of notification as set out in this Article.