Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) - Portugal (Ratification: 2017)

The Committee takes note of the Government’s first report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee also notes the observations of the General Workers’ Union (UGT), the Confederation of Trade and Services of Portugal (CCSP) and the Confederation of Portuguese Business (CIP) communicated with the Government’s reports.

COVID-19 measures. The Committee appreciates the efforts of the Government to provide information on the occupational safety and health measures taken by the Government in the context of the COVID-19 pandemic, including the adoption of a number of Decrees and Ordinances related to occupational safety and health (OSH), as well as the guidelines issued by the Department of Health and the recommendation issued by the Working Conditions Authority (ACT). The Committee also notes the information provided by of the CCSP that a working group was established to monitor labour matters during the crisis arising from the COVID-19 pandemic, chaired by the Inspector-General of the ACT, with the participation of the social partners, and that this working group has held monthly meetings. Further, the Committee notes the observations of the UGT that the COVID-19 pandemic has presented many challenges with respect to occupational safety and health. The UGT states that it is extremely important to involve trade unions and employers’ representatives in the development of effective policies in order to generate the trust required for a safe return to work, improved coordination between trade unions and inspection services and a modification of current inspection practices in order to ensure that they reflect these new circumstances. The UGT further indicates that it is concerned at the increased number of non-binding occupational health guidelines, which lack applicable penalties and may not adequately protect workers. The Committee hopes that the concerns expressed by the UGT as well as issues related to measures to be taken to provide a safe and healthy working environment in the context of the COVID-19 pandemic will be addressed within the tripartite working group that has been established.

Article 2(3) of the Convention. Periodic consideration of measures that could be taken to ratify relevant OSH Conventions. The Committee notes the Government’s indication in its report that it is still considering the ratification of relevant OSH Conventions, including the Occupational Health Services Convention, 1985 (No. 161). In this regard, the Government indicates that consultations with employers’ and workers’ organizations have been initiated in order to consider the feasibility of this ratification. The Committee requests the Government to continue to provide information on any developments in this regard, including the outcome of the consultations.

Article 4(3)(f). Mechanism for the collection and analysis of data on occupational injuries and diseases. The Committee notes the Government’s indication that industrial accidents are recorded by the ACT and that occupational diseases are recorded by the Department of Occupational Risk Prevention of the Social Security Institute and compiled as statistics by the ISS Office of Planning and Strategy. The Government also indicates that during the discussions in the ACT Advisory Council on the National Occupational Safety and Health Strategy (ENSST) for the period 2015–2020, the need for a mechanism for collecting and analysing data on occupational injuries and diseases was identified, and subsequently measure No. 15 on this issue was included in the Strategy. The Committee also notes that the UGT in its observations alleges that concerning occupational diseases, statistical data is insufficient and unreliable due to lack of notification. The Committee requests the Government to communicate its comments on these observations. With reference to its comments under Article 11 of the Occupational Safety and Health Convention, 1981 (No. 155), and its 2002 Protocol, it also requests the Government to provide information on the development of a mechanism for collecting and analysing data on occupational injuries and diseases, as foreseen in Measure No. 15 of the ENSST (2015–2020), indicating how the implementation of this measure has contributed to progress on this issue.

Article 4(3)(h). Support mechanisms for the progressive improvement of OSH conditions in micro-enterprises, small and medium-sized enterprises and the informal economy. The Committee requests the Government to provide information on any support mechanisms established for a progressive improvement of OSH conditions in micro-enterprises, in small and medium-sized enterprises and in the informal economy.

Article 5(1). Implementation, monitoring, evaluation and periodic review of the national OSH programme. The Committee notes that after the completion and evaluation of the ENSST 2008–2012, the ENSST 2015–2020 “Towards safe, healthy and productive work” was discussed and agreed upon with social partners and adopted by the Council of Ministers through resolution 77/2015 of 18 September 2015. The Government also indicates that the first Occupational Health Programme (PNSOC) 2009–2012, designed to protect and promote the health of all workers by providing a healthy working environment and promote the coverage and quality of occupational health departments, was subsequently extended to the period 2018–2020. The Committee requests the Government to provide information on the results obtained through the application of the ENSST 2015–2020 and the PNSOC 2018–2020. It also requests the Government to provide information on any evaluation carried out of both the strategy and the programme, in consultation with the social partners, and on how this evaluation contributes to the formulation of subsequent strategies and programmes.

Article 5(2)(a), (b) and (d). Requirements of the national programme and application of the Convention in practice. Development of a national preventative safety and health culture. Elimination or minimization of work-related hazards and risks. Objectives, targets and indicators enabling the evaluation and periodic review of the national programme on OSH. The Committee notes that the Government indicates that two of the three strategic objectives of the ENSST (2015–2020) are: (i) to reduce the number of industrial accidents by 30 per cent and the incidence of such accidents by 30 per cent; and (ii) to reduce the risk factors for occupational diseases. It also indicates that one of its six operational objectives of the above-mentioned strategy is to prevent occupational diseases and industrial accidents. In this respect, the Committee notes the statement of the CIP that the operational objectives of the ENSTT include specific goals and indicators and identify the entities to be involved, including the social partners. In addition, the Committee notes that the Government adds that the Operational Programme for the Promotion of Occupational Safety and Health (PROAP), which contains three sub-programmes on information and divulgation, occupational training, and studies and applied research, was approved in January 2019 and is currently in force. The Committee also notes that the UGT indicates that Portugal continues to have a high rate of both serious and fatal occupational accidents, and is among the highest in Europe. Precisely, it indicates that according to the latest Global Economic Prospects: (i) in 2016, 138 workers died due to occupational accidents (almost 50 per cent of whom worked in the civil construction and the processing industry sectors); (ii) in 2017 and 2018, 125 and 149 fatal occupation accidents were recorded respectively, and (iii) until May 2019, 31 and 71 fatal and serious occupational accidents respectively were recorded. The Committee requests the Government to provide its comments in this respect. It also requests the Government to communicate information on the results achieved through the implementation of the ENSST 2015–2020 and the PROAP in comparison to the objectives established, indicating how they have contributed to reducing the level of occupational accidents in the country. The Committee also requests the Government to communicate statistics on occupational accidents, disaggregated by type of accident (serious and fatal), age, gender and sector.