Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

Convention (n° 148) sur le milieu de travail (pollution de l'air, bruit et vibrations), 1977 - Brésil (Ratification: 1982)

The Committee notes that the Government’s report does not contain a reply to its previous comments. It is therefore bound to reiterate the matters raised in its previous direct request, which read as follows:

Article 1, paragraph 1, and Article 8, paragraphs 1 and 3, of the Convention. Further to its previous comments, the Committee notes that in accordance with SIT Directive No. 05 of 18 October 1999, a technical study group has recently been formed to examine the legislation on occupational safety and health. This group has the task of updating the rural regulatory standards. The Committee requests the Government to keep the Office informed of any progress made in this regard.

Article 11, paragraph 3. The Committee notes the information provided by the Government on the role played by the National Social Security Institute (INSS) regarding occupational accidents. Recalling that similar references were made to information of the same kind in its previous direct request, the Committee once again requests the Government to indicate the measures that guarantee suitable alternative employment or maintenance of income through social security measures or otherwise, not only to workers who have suffered accidents but also to those workers whose continued assignment to work involving exposure to air pollution, noise or vibration is found to be inadvisable.

Article 12. With reference to its earlier comments, the Committee notes the information provided by the Government that besides the conclusion of collective agreements in certain sectors, through the adoption of Orders DNSST/SNT Nos. 3 and 7 of 1992 amending Regulation Standard No. 28 - Supervision and Penalties - the Government ensures that regional labour delegations are notified of the use of processes, substances, machinery and equipment which involve exposure of workers to the occupational hazards referred to in this provision. The Committee also notes Order No. 25 of 29 December 1994 approving Regulatory Standard No. 9 on environmental risks, which inserts a new subsection to 5.16 of Regulatory Standard No. 5. It notes that these Orders contain provisions on procedures designed to correct irregularities observed during the visits by the labour inspection services, and on consultations which should take place during the elaboration of environmental risk prevention programmes. The Committee notes with regret that the information and the texts provided do not reply to the question raised under this Article of the Convention. In this respect, the Committee recalls that in its previous comments it pointed out that control over the use of certain processes, substances, etc., necessary for the adequate protection of workers against the hazards due to air pollution, noise or vibration would be difficult to ensure without a corresponding obligation upon the employer to notify such use. The Committee therefore once again requests the Government to indicate the measures taken to ensure that the competent authorities are notified of the use of processes, substances, machinery and equipment. In addition the Committee requests the Government to provide copies of the collective agreements which give effect to this Article of the Convention in certain activities.