Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

Occupational Safety and Health Convention, 1981 (No. 155) - Brazil (Ratification: 1992)

I. Further to its previous comments, the Committee notes the Government's reply to the observations made by the Union of Workers of the Chemical, Petrochemical, Pharmaceutical, Paints and Varnishes, Plastics, Synthetic Resins, Explosives and Similar Industries of ABC and its affiliates, the Association of Workers Occupational Contaminated by Organo-chlorates. It notes that verification has been made regarding the implementation of the tripartite agreement as regards health and safety measures for the workers, including the compensation measures, with the participation of the authorities, the company and the trade union.

II. The Committee notes the text of Law No. 6.514 of 22 December 1977, Order (Portaria) No. 3.214 of 8 June 1978 and its various implementing regulations, and Order (Portaria) No. 3.067 of 12 April 1988 and its implementing regulations.

III. Article 9 of the Convention. 1. The Committee recalls that in their earlier comments, the unions had referred to the significant increase in the total number of occupational accidents, including fatal accidents, citing press reports indicating an increase of 26.8 per cent in 1995. The Committee also recalls its previous comments where it drew the Government's attention to the observations of various trade union organizations alleging a lack of efficiency in the system of inspection which, under paragraph 1 of this Article must be adequate and appropriate to enforce laws and regulations concerning occupational safety and health and the working environment. The said organizations contended that the sanctions for breaches of the laws and regulations laid down in section 19 of Decree No. 55.841 of 15 March 1965 as amended by Decree No. 97.995 of 26 July 1989, which, according to Article 9, paragraph 2, of the Convention must be adequate, were not always applied by inspectors.

2. Further to its previous comments, the Committee notes the information concerning case No. 46255-1470/97-41, initiated by the Union of Workers of the Food Industries of Jundiai, Cajamar, Campo Limpo Paulista, Louveira, Itupeva, Varzea Paulista and Vinhedo, the Union of Workers of the Print Industries of Jundiai and the Union of Workers of the Mechanical and Electrical Material Industries of Jundiai, Varzea Paulista and Campo Limpo Paulista, against the civil servants of the Ministry of Labour for illegal acts committed in the exercise of their duties. On the one hand the Committee notes that, the decision in the case against the civil servants for administrative wrongs they committed indicates that, sanctions could not be imposed on them not because of the unsubstantiated nature of the trade unions' complaint, as indicated by the Government in its report, but because of prescription. On the other hand, the Committee notes that, according to the information from the Directorate of Occupational Safety and Health of the Ministry of Labour, for the whole area of Jundiai which has approximately 500,000 inhabitants and about 60,000 enterprises, there are in all only two engineers and one safety official. Despite this, the number of visits made by these officials is more than the average.

3. The Committee would be grateful if the Government would provide further information on the functioning of the inspection services responsible for the enforcement of laws and regulations concerning occupational safety and health and the working environment, and on the enforcement of the sanctions established for breaches of the legislation as well as the measures taken or envisaged to increase the number of officials of the inspection services, in particular in the areas with major industrial concentration and resulting problems. In addition the Committee would be grateful if the Government would provide where statistics exist, information on the number of workers covered by the legislation, the number and nature of contraventions reported, the number, nature and cause of accidents reported, etc., as required by point V of the report form.

IV. Further to its observation of 1996 (point 1) referring to the comments made by the Union of Fishermen of Angra dos Reis, the Committee recalls that the Convention applies to all workers in all branches of economic activity (Article 2, paragraph 1) and that the coherent national policy on occupational safety, occupational health and the working environment provided for in Article 4 must include a strategy for the various branches of economic activity, including fishing. The Committee hopes that the Government will be in a position to indicate in the near future all the new measures that have been taken to prevent employment accidents in fishing and requests it to supply information on the progress achieved in this respect.

V. Further to its observation of 1996 (point 2) referring to the comments made by the Union Federal Public Service Workers of the State of Goiàs (SINDSEP-GO), dated 1 March 1996, the Committee requests the Government to provide detailed information on how effect is given to the provisions of the Convention in the activities carried out in the Ministry of Agriculture laboratories in the State of Goiàs and in other enterprises where workers are exposed to the risk of poisoning by chemical and biological substances and agents.