Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

Labour Inspection Convention, 1947 (No. 81) - Brazil (Ratification: 1989)

The Committee notes the report from the Government in reply to the comment made by the Union of Workers in the Marble, Granite and Limestone Industry in the state of Espírito Santo (SINDIMARMORE) of 16 November 1999 as well as the documents describing the inquiry undertaken at the scene of the fatal occupational accident, which was the subject of a previous comment from the same organization. The Committee also notes the information supplied by the Government in reply to a further comment from the Democratic Federation of Workers in the Footwear Industry of the state of Rio Grande do Sul concerning the measures taken further to the comment submitted jointly by this trade union on the subject of working conditions in undertakings in that sector.

The Committee notes that, according to the indications supplied by the Government, there has been a substantial increase in the number of extraction and associated undertakings in the state of Espírito Santo. Products processed by a thousand undertakings employing some 13,000 workers account for 80 per cent of national exports of these products, according to economic indicators. According to the Government, the profits thus generated are considerable and this activity is likely to undergo rapid expansion. It admits, however, that unfortunately this rapid development is leading to a steep increase in the number of industrial accidents and occupational diseases associated with exposure to dust, particularly silica. Inappropriate working methods explain the dangerous nature of the extraction activities and the handling of sharp materials. The conclusions of the rapporteur of the inquiry concerning the fatal accident that was the subject of SINDIMARMORE comments indicate that the frequency of industrial accidents is due, in most of the marble and granite extraction enterprises, to the obvious lack of training of workers and of information on the risks inherent in the work. The Committee hopes that his comment will arouse the attention of the Government and of the social partners concerned, particularly the employers’ organizations of the enterprises in question. Indeed, it confirms the generally accepted idea for the need, on the one hand, of training for particularly exposed workers focused on awareness and identification of the risks inherent in certain activities and, on the other hand, to provide continuously updated information on the means and techniques for preventing these risks. Noting that the Government underscores the particularly lucrative nature of the abovementioned extraction activities, the Committee trusts that the latter will ensure that a reasonable part of the resulting income can be used to develop the occupational safety and health machinery for workers involved in it. In this regard, the cooperation of employers’ and workers’ organizations could be of immense value.

The Committee notes that, according to SINDIMARMORE of the State of Espírito Santo, nine workers died as the result of industrial accidents during 1999 in enterprises of the abovementioned mining sector. Noting, furthermore, the fatal industrial accident from an explosion which occurred in 1995 of a young 18‑year old worker, the union indicates that no investigation has been carried out to elucidate the circumstances. First, it regrets that the competent regional labour office does not deem it necessary to order provisional closure of enterprises violating safety and hygiene measures until the latter have been brought into conformity; secondly, it denounces the ineffectiveness of court proceedings and fines which it alleges are not even applied. In this regard, the Committee wishes to draw the Government’s attention to the fact that under Article 13, paragraph 2(b), of the Convention, labour inspectors should be empowered to order or initiate orders that measures with immediate executory force be carried out in the event of imminent danger to the health or safety of workers and, where this procedure is not compatible with the administrative practice of the country, inspectors should, in conformity with Article 13(3), have the right to apply to the competent authority for the issue of orders or the initiation of measures with immediate executory force. The Committee, furthermore, would highlight Article 18 under which adequate penalties for violation of the legal provisions enforceable by labour inspectors shall be provided for by national laws or regulations and effectively enforced. In this context, the Committee emphasizes that fines, for example, should be sufficiently high to be dissuasive and that procedures for their execution should be speedy. The Committee would be grateful if the Government would indicate the measures taken or envisaged to give effect to the abovementioned provisions of the Convention, both in the sectors referred to by the abovementioned trade union organizations and in the other economic sectors covered by labour inspection.

Referring also to its 1999 observation on the Convention, the Committee hopes that the Government will not fail to supply the information requested under the following points.

Article 3(1)(a), and Article 16 of the Convention. Functions of the system of labour inspection; adequate frequency and thoroughness of inspection visits.

(a)  Application of the provisions to combat child labour and forced labour.  The Committee notes with interest the Constitutional Amendment No. 20, dated 15 December 1998, which increased the minimum age of admission to work from 14 to 16 years, except for apprentices who can be admitted to work as from 14 years. It also notes the Government’s indication that cells to combat child labour and protect adolescent workers, which include inspectors, elaborated a preliminary assessment on child and adolescent work which identified 75 activities exercised by children and adolescents. On that basis the inspection teams have selected areas where child labour is most critical with the aim of reinforcing inspection activities. The assessment was updated in 1997-98 on the basis of the data collected by the inspection teams. In relation to activities to combat forced labour the Committee notes the indication that the Executive Group for the Repression of Forced Labour (GERTRAF) operating through mobile inspections has given results, in particular through joint efforts of the federal police with the labour prosecutors. The Committee hopes that the Government will continue to supply information on the activities of the labour inspection to combat child and forced labour and on the progress achieved.

(b)  Application of the legal provisions relating to occupational safety and health.  With regard to the implementation of the National Programme to Combat Occupational Accidents and Disease, the Committee notes that in 1997 the number of accidents (369,065 cases) and that of occupational diseases (29,707 cases) has decreased by 6.67 per cent and 14.85 per cent respectively as compared to 1996. The Committee further notes the Government’s information that in 1998 the number of inspections relating to health and safety at work rose by 14.31 per cent as compared with 1997. The Government also states that the policy of prioritizing inspections in health and safety at work led the inspectors to visit the highest risk establishments which led to an increase of 247.61 per cent in the number of embargo orders (embargos) and of 71.95 per cent in the number of cases of prohibition to entry (interdições). In relation to the construction sector, which was made, in 1998, a national priority for labour inspection given the high occupational accident rates, in 1998 the number of embargo orders (10,640 cases) and that of prohibition to entry (6,455 cases) increased by 267.28 per cent and 93.55 per cent respectively as compared to 1997.

The Committee hopes that the Government will continue to supply information on the progress made in reducing the number of industrial accidents and occupational diseases through increased and focused inspection in the field of safety and health in workplaces, in particular in the marble, granite and limestone industry of the State of Espírito Santo.

The Committee, also draws the Government’s attention to the requests it has addressed to it directly and thereby asks it to supply the information requested on the application of Articles 2(1), 6, 7(3), 8, 10, 20 and 21 of the Convention.