Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Occupational Health Services Convention, 1985 (No. 161) - Brazil (Ratification: 1990)

1. The Committee notes the information provided by the Government in its comprehensive reply to the Committee’s previous comments formulated in connection with the observations made by the Chemical, Petrochemical and Related Industries of Triunfo/RS Trade Union (SINDIPOLO).

2. The Committee notes that the Government reports that in addition to the 12 inspection visits previously reported, another seven inspections had been carried out at the company Petroflex Industria e Comércio S/A and that, during these inspections, several technical and organizational infringements which had a direct impact regarding the current situation with safety and health at work were noted. The following infringements were noted during inspection visits in 2004:

n      lack of inspection at the correct intervals of pressure vessels (boilers) as well as correct documentation on the boilers, failure to establish the compulsory Internal Committee for Prevention of Accidents (CIPA) (visit in February);

n      failure to issue a notice of accident at work, lack of training of workers on emergency first aid, failure to record medical data in the medical file, failure to carry out the actions required under the Programme of Prevention of Environmental Hazards (PPRA) with subcontractors, failure to inform about risks to the CIPA of the subcontractors; failure to identify risks in the PPRA, failure to carry out quantitative evaluations of environmental agents, failure to hold special meetings of the CIPA when accidents occur, failure to adopt risk control measures (visit in August);

n      lack of safety belt, the inadequacy of Programmes of Prevention of Environmental Hazards, lack of environmental control measures, insufficient guarding of machinery, lack of risk assessment, guards poorly fixed to machines, lack of personal protective equipment or acquisition of inadequate equipment (visit in 2004).

3. The Committee also notes from the Government’s report that as a result of these infringements the following accidents had occurred:

n      the accident on 15 August 2004, when 27 tonnes of benzene were spilled on a neighbouring company, “Innova”. Twenty workers were affected, and officially recorded as victims. There was no prior evaluation of this possibility and no control measures were in place and there was neither information nor training of workers in this respect. The analysis of the accident revealed failures of risk assessment, failures of emergency planning, presence of a dangerous (flammable) substance without adequate control and management;

n      the fatal accident on 14 October 2004, of an employee of the subcontractor “Motrix” when the worker’s foot was caught in a rubber rolling press, from which the guard had been removed from the shaft and flanges, and he lost his foot and ankle because of failures to anticipate and detect risks, guards which had been removed, interference of ambient noise.

4. The Committee draws the Government’s attention to that Convention (Article 1) contains requirements for the establishment and maintenance of a safe and healthy working environment which will facilitate optimal physical and mental health relating to work as well as the adaptation of work to the capabilities of workers in the light of their state of physical and mental health and that, in accordance with Article 5, within a system of occupational health services for all workers, the functions of such services shall include: identification and assessment of the risks from health hazards in the workplace; surveillance of the factors in the working environment and working practices which may affect workers’ health; provision of advice on organization of work, including the design of workplaces, on the choice, maintenance and condition of machinery and other equipment and on substances used in work; advice on individual and collective protective equipment; participation in the development of programmes for the improvement of working practices as well as testing and evaluation of health aspects of new equipment; and, collaboration in providing information, training and education in the fields of occupational health and hygiene and ergonomics. The Committee requests the Government to take appropriate measures without delay to ensure that there is better compliance with occupational safety and health standards to reduce the occupational accident rate in this sector of activity, and requests the Government to continue to provide information on any progress achieved in this regard.

The Committee is raising other points in a request addressed directly to the Government.