Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152) - Brazil (Ratification: 1990)

In its previous observation the Committee noted the comments made in January 1993 by the Crane, Fork-lift and Other Maritime and River Ports and Terminals Cargo-handling Machinery and Equipment Operators Union of the State of Sao Paulo on issues concerning the application of the Convention.

In its comments, the above organization alleged that the poor state of repair and operation of the lifting machinery, which is the working equipment of this category of workers who are employed in the port of Santos by the Companhia Docas del Estado de Sao Paulo, constitutes a serious risk not only for the workers but for plant and ships. The above organization states that it is concerned at so serious a situation and has therefore alerted the competent port authorities on several occasions but that the defective machinery has not been replaced. Because of the state of the machinery, one worker died as a result of an accident on 4 January 1993. The organization therefore communicated to the Regional Labour Delegation its decision not to operate the 16 machines, made in 1927, before they were overhauled. In the legal action brought by the public prosecutor of the State of Sao Paulo against the company in which the deceased worker was employed, it was found that the workers of the company were exposed to serious and imminent risk to their lives, health and physical integrity, despite the fact that the administrative authorities had repeatedly given instructions for the numerous deficiencies to be remedied, particularly as concerns the outdated machinery, and reference was made to the expert opinion issued by the Maritime Labour Delegation of the State of Sao Paulo on 17 October 1986, which found that a series of machines was in a bad state of disrepair and that if they were used in such a state they were liable to cause physical harm to the workers, and that the company had taken no steps to take the oldest and most unsafe machinery out of operation. The organization also indicates that an additional port tax was instituted to finance the renewal of the machinery but is not being used for that purpose.

The Committee notes that the Government stated in its reply of 14 April 1993 to the above allegations that the Ministry of Labour was endeavouring to have a law on occupational safety and health in ports adopted. In a communication of 27 September 1993 the Government indicated that the obsolete machinery had been dismantled.

The Committee notes that in a communication of 5 November 1993, a copy of which was sent to the Government on 14 December 1993, the Trade Union of Dockers and the Ore-Handling Stevedores of the State of Espirito Santo alleged that in recent years there have been many accidents in the ports sector and they have caused the death and mutilation of numerous workers, that the situation remains unchanged, and that the Regional Labour Delegations state that they do not have specific legal machinery for supervising dock work. They therefore consider that a law on safety and health in dock work should be adopted and that it should be determined which authority is responsible for inspection in this sector. The Committee notes the Bill on safety and health in dock work, prepared by FUNDACENTRO, which the above Union enclosed with its comments.

Article 4 of the Convention provides that national laws or regulations shall prescribe that technical measures complying with Part III of the Convention be taken as regards dock work with a view to providing and maintaining workplaces, equipment and methods of work that are safe and without risk of injury to health, and Articles 21 to 25 (Part III of the Convention) prescribe periodical examinations, the issuing of certificates and the keeping of records in respect of lifting appliances and items of loose gear.

The comments made by the two organizations referred to above indicate that there are serious shortcomings in both law and practice as regards the protection prescribed by the Convention for dockworkers. Both organizations are of the opinion that specific measures must be adopted to protect the health and safety of workers in the ports sector and that the lack of such measures has meant that there is no effective inspection and has led to serious and even fatal accidents among workers in the sector. The Committee hopes that the Government will take the necessary measures promptly to adopt provisions that give effect to the Convention and set up an effective system of ports' inspection to enforce them, in order to protect the health and safety of dockworkers. In this connection, the Committee asks the Government to report on developments in the adoption of the Bill on occupational safety and health in dock work prepared by FUNDACENTRO.