Observation (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

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

1. The Committee notes the information provided by the Government in its report. In particular, it notes the information provided on the application of Article 1, paragraph 1, and Article 8, paragraphs 1 and 3, Criteria for determining the hazards of exposure to air pollution, noise and vibration and exposure limits for rural workers; Article 11, paragraph 3 of the Convention, Alternative employment.

2. The Committee also notes the observations submitted by the Union of Workers in the Road Transport of Liquids and Gases, Oil Derivatives and Chemical Products (SINDILIQUIDA/RS) on 28 August and 4 October 2007 and sent to the Government on 11 September and 5 October 2007. The Committee notes that the observations submitted by SINDILIQUIDA/RS concern the alleged non-application by the Government of the following provisions of the Convention: Article 5, paragraphs 3 and 4, Collaboration between employers and workers, right for representatives of the employers and workers to accompany inspectors; Article 6, paragraphs 1 and 2, Employers’ responsibility for compliance with prescribed measures, and collaboration between two or more employers undertaking activities simultaneously at one workplace; Article 10, Personal protective equipment; Article 13, Information and training on protection against hazards in the working environment due to air pollution, noise and vibration; and Article 16(b), Inspection services. The Committee requests the Government to provide a detailed response to the observations submitted by SINDILIQUIDA/RS.

3. With reference to its previous comments concerning the working conditions in the group of telecommunication companies TELEMAR, the Committee notes that the Government reports that, in the period 1996–2005, TELEMAR was subjected to 179 routine inspection visits, as well as inspections resulting from complaints by trade unions and workers and targeted state control programmes. The principal issues raised included failure to draw up and implement compulsory programmes, especially the Programme on prevention of environmental hazards and the Programme of medical control of occupational health, and absence of basic risk management measures. The Government points out that due to considerable reduction of the number of TELEMAR employees, a considerable level of subcontracting of its activities in recent years, the use of smaller companies, especially in the case of installation and maintenance of telephone lines – that have less economic capacity to manage occupational risks adequately – the situation with respect to occupational safety and health has become more precarious and less secure. The Committee notes the information provided by the Government that these issues have been examined in various studies, that the National Commission for Ergonomics in the Ministry of Labour and Employment have issued technical recommendations for the activities of telemarketing and call centres so as to contribute to the prevention, early detection and control of occupational diseases, including hearing loss of telephone operators and that tripartite consultations are ongoing on a proposed revision of Normative Regulations on Ergonomics (No. 17) to take into account these technical recommendations. The Committee requests the Government to provide detailed information on measures taken, in law and practice, to address the reported deteriorating occupational safety and health conditions in the telecommunication industry.

4. Article 5, paragraph 4. Right for employers’ and workers’ representatives to accompany inspectors. With reference to its previous comments concerning the observations made by the various organizations of public employers (SERGIPE) that a regional delegate of the Ministry of Labour would have prohibited inspectors from being accompanied by workers’ representatives, the Committee notes the Government’s indication that point 1.7 of Order 3214/78, Normative Regulations 01 (NR 01), amended by Order 03 of 7 February 1988, guarantee compliance with this provision of the Convention. The Committee reiterates what was noted in its observation of 2002, 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 the relevant regulations, both by the employers and by a representative of the Government. The Committee requests the Government to provide information on measures ensuring the application in practice of Article 5, paragraph 4, giving to workers’ and employers’ representatives the opportunity to accompany inspectors supervising the application of the measures prescribed in pursuance of this Convention.

5. Article 12. Notification to the competent authority of the use of processes, substances, machinery and equipment which involves exposure of workers to occupational hazards due to air pollution. The Committee notes the Government’s reference to legislation which requires notification to the competent authority of the use of specific processes, substances or materials related to the use of asbestos (NR15, Order 3214/78, Annex No. 12) and benzene (Order 14/95, Annex No. 13-A), but notes that the report is silent as regards a more general notification requirement. The Government is requested to provide information on measures taken in order to subject the use of processes, substances, machinery and equipment necessary for the adequate protection of workers against the hazards due to air pollution, noise or vibration to a notification requirement to the competent authority.

6. Part IV of the report form. Practical application of the Convention. The Committee notes the statistical information provided by the Government in its report which reflects labour inspection activities for the period 1999–2004, in general, as well as in the sectors of construction, electricity, machines and agriculture. The Committee requests the Government to continue to provide statistical data allowing it to evaluate the manner in which the Convention is applied in the country.

[The Government is asked to reply in detail to the present comments in 2008.]