Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

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

The Committee notes the joint observations of the International Organisation of Employers (IOE) and the National Confederation of Industry (CNI), received on 1 September 2015. The IOE and the CNI assert that the legislation of Brazil gives effect to the Convention but that it is sometimes too inflexible, to the point that it can make any entrepreneurial activity inviable, and that it is important to seek a balance between protection of the worker and productive activity.

Articles 1 and 2 of the Convention. 1. Application of the Convention to all branches of economic activity and all workers in the branches of economic activity covered. In its previous comments, the Committee requested the Government to provide information on the manner in which its national occupational safety and health plan takes account of workers in the informal economy. The Committee notes the information supplied by the Government in its report to the effect that its aim is to withdraw workers from the informal economy, thereby allowing the Convention to be applied, by means of either the employment record card or by registering them as independent, self-employed or as having some other status denoting inclusion in the labour market. With regard to the employment record card, the National Action Plan to combat informality is fully under way and focuses mainly on identifying the activities and regions in which informality is a significant problem, with a view to planning and implementing inspection measures strategically so as to enhance their impact. The Government also reports that it is encouraging the formalization of employment relationships by means of other measures, such as exempting small enterprises from taxes and simplifying tax collection. The Committee requests the Government to continue to provide information on the sectors and regions identified as having a high incidence of informality, the measures taken to ensure the application of the Convention and the progress made in these areas.

2. Occupational safety and health in the extractive, forestry, silviculture and carbon-based industries in the State of Minas Gerais. In its previous comments, the Committee took note of a communication from the Federation of Workers in the Extraction Industries in the State of Minas Gerais (FTIEMG), reporting unlawful outsourcing of work by the company Celulosa Nipo-Brasilera SA (CENIBRA), in view of the likelihood of an unfavourable ruling on the company’s poor safety and health conditions, which have led to an increase in occupational accidents in the forestry sector. The Committee notes the detailed information sent by the Government on the monitoring activities which have been conducted and which have enabled the Government to take stock of the unlawful outsourcing and the deteriorating OSH conditions in the abovementioned company and on the numerous inspections carried out in the extractive, forestry, silviculture and carbon-based industries in the State of Minas Gerais. Lastly, and in connection with its previous observation, the Committee notes that the Government reports on the action taken against the anti-union measures taken by the company in the context of this case, including administrative and judicial actions and measures to protect trade unionists. The Committee requests the Government to continue to provide information on the measures taken to deal with the deteriorating OSH conditions in the abovementioned sectors, particularly in enterprises that have outsourced their activities, in order to ensure the full application of the Convention, and on the impact of such measures.

Articles 4 and 8. Formulation, implementation and periodic review of a coherent national policy on occupational safety and health, in consultation with the representative organizations of employers and workers. The Committee notes that, according to the Government, the guidelines set in the National Occupational Safety and Health Policy (PNSST) are developed in the National Occupational Safety and Health Plan (PLANSAT) and that the Tripartite Occupational Safety and Health Committee (CTSST), composed of six members from each group, assists with the application and the periodic review of the Plan. In observance of the principle of social dialogue, all decisions are negotiated and taken by consensus. Since November 2011, the CTSST has held 15 meetings in order to assist with and review the PLANSAT. In accordance with the PNSST, the Department of Occupational Safety and Health launched a national strategy in 2015 to reduce occupational accidents in the 2015–16 biennium, which has four main axes: intensification of inspection activities; national agreement; national campaign for the reduction of occupational accidents; and more thorough analysis of such accidents. Furthermore, it notes that Brazil has 35 OSH regulatory standards, which are continuously reviewed by means of public consultations and tripartite negotiations, and also notes that the Ministry of Labour reports to the public on the work of these committees on its website. The Committee notes with satisfaction the tripartite mechanisms that the Government has developed to implement and continuously review its OSH legislation and practice, thus giving effect to Articles 4 and 8 of the Convention. The Committee requests the Government to continue to provide information on any developments regarding the application of these Articles of the Convention.

Article 9(2). Adequate penalties. The Committee notes that, according to the Government, the amounts of administrative fines need to be adjusted and that studies are under way to produce relevant proposals. Furthermore, the labour inspectorate is working continuously to speed up the process of fine collection. In addition to the administrative measures taken by the Federal Labour Inspection System, other actions are being taken by the public authorities such as civil suits brought by the Public Prosecutor, and other measures that likewise contribute in the medium term to improving OSH conditions. The Committee also notes the initiative of the Superior Labour Court, which in 2011 established the Safe Work Programme and an Inter-institutional Committee which, among other things, facilitates the exchange of information between the various bodies that have OSH responsibilities and which has already held two national OSH seminars with the participation of numerous judges from courts of first and second instance. The Committee requests the Government to continue to provide information on any developments in providing for adequate sanctions for the inspection system.

Article 11(c). Occupational accidents and diseases – notification procedures and annual statistics. In its previous comments, the Committee asked the Government to provide information on the continuing impact of measures for notification – other than through the work accident notification system (CAT system) – that have been taken in order to reduce the under-notification of occupational accidents and diseases. The Committee notes that Government reports that the Ministry of Social Welfare continues to implement the “technical social security link”, which does not depend on the CAT system, for recognition of the relationship between the agent of the injury and the work, in other words a mechanism to establish a link between the harm to the worker’s health and the work performed, whether or not the enterprise has reported the incident. The Committee notes with interest the statistics sent by the Government showing that since these measures were launched in 2007, notifications other than through the CAT system have resulted in a 20 per cent increase in occupational accident notifications. At present, agreements are being prepared for regular information exchange between the Ministry of Labour and Employment and the Ministries of Social Welfare and Health.

Article 15. Coordination between various authorities. In its previous comments, the Committee referred to situations showing that there was nothing to ensure homogenous application of the Convention in the public administrations of the various states of Brazil or the various departments, due to the existence of different jurisdictions. The Committee notes with interest the information provided by the Government to the effect that since its last report, new measures have been taken to improve coordination. One of the activities of PLANSAT is to promote coordination between the states and municipalities regarding the OSH systems for public servants. For example, in the Federal District, Decree No. 33.643 of 10 May 2012 issued the Comprehensive Public Service Health Care Policy; two related handbooks were produced, together with cards, and several OSH programmes were launched, including a programme for employment-related medical checks.

Article 17. Collaboration between undertakings engaged in activities simultaneously at one workplace. The Committee notes that between January 2011 and June 2014, 619 inspections were carried out, allowing an evaluation of the effect given to Regulatory Standard No. 9 concerning the Environmental Risk Prevention Programme (PPRA) which gives effect to this Article of the regulatory standard. In particular, the Committee notes that, according to the Government, in only 10 per cent of the cases were enterprises deemed to be applying the regulatory standard adequately and in the remaining cases matters were put right following the inspection. The Committee requests the Government to continue to provide information in this regard.