Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Other comments on C155

Observation

Direct Request

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Referring to its observation, the Committee requests the Government to supply additional information on the following matters.

Articles 4, 7 and 15 of the Convention. Formulation, implementation and revision of national policy. Revision at appropriate intervals with regard to occupational safety and health in specific sectors. Coordination between various authorities. Teachers in the Federal District. Petrochemical industry. In its observation of 2010 the Committee referred to a communication from the Union of Teachers, Federal District (SINPRO-DF) indicating that there is no system of health protection for the public sector and in particular the teaching sector, nor is there any inspection of workplaces, periodic reviews, hazard evaluation, or statistics having a minimum of reliability to enable the adoption of effective policies. The Government’s reply indicated that the Occupational Safety and Health Council was established under section 5 of Decree No. 29.021/2008, and that its powers include the formulation of an occupational safety and health (OSH) policy, and the monitoring and implementation thereof. The Committee indicated that its understanding was that the Government makes a distinction between the implementation of national policy in sectors within its direct jurisdiction and in the Federal District and other federal entities. It recalled that it had already indicated to the Government in previous comments that it should adopt appropriate measures to ensure the application of ratified Conventions throughout its territory, and that the Convention required a coherent national policy and coordination in order to achieve this. For that reason the Committee reiterated that OSH policies intended for different sectors or territorial entities must form part of a national policy which establishes a basis applicable to all workers covered by the Convention. The Committee asked the Government to seek solutions to the situation described by SINPRO-DF in the context of Articles 4, 7 and 15 of the Convention, bearing in mind that the national policy referred to by these Articles prescribes consultation with the social partners and its formulation, practical application and periodic revision, and asked it to supply information in this respect. The Committee notes that, according to the Government’s report dated 31 August 2011, the public servants in the education sector referred to in the communication come under the jurisdiction of the Government of the Federal District (GDF), which, in addition to being the legislative authority, is the employer, and that the Ministry of Labour asked the GDF to adopt certain measures. The Government indicates that the Decree referred to above establishes a support coordination office tasked with drawing up an occupational safety management plan and a health management unit tasked with implementing preventive activities in OSH. The Committee notes the Government’s indication in reply to its previous comment that, under section 5(1) of the Decree, the Occupational Safety and Health Council will also include three representatives elected by the workers. The Government further indicates that Order No. 33 of 18 February 2008 deals with the procedures for the inclusion of workers of the Ministry of Education in the “occupational adjustment programme”, that this subject is expounded in detail in the standard that has been challenged by SINPRO-DF, which calls for the activity of the experts on this subject to go ahead with the participation of the trade union representatives, and that this is a controversial subject which calls for in-depth political and technical discussions between the parties. The Government also indicates that there were changes in the GDF, that, on 11 March 2011, Decree No. 32795 was published, creating a new organizational structure in the sector, and that the OSH policy is being drawn up. The Government also indicates that various measures were taken in connection with the teachers, and these included comprehensive discussions on the union’s demands; various full-scale discussions were held on a proposal for the democratic management of education in the Federal District; and the trade union submitted a proposal for draft legislation on democratic management. The Committee requests the Government to continue to supply information on the application of these Articles of the Convention with regard to teachers in the Federal District and also requests the Government to consider the possibility of their possible inclusion in the sectoral reviews provided for in Article 7 of the Convention. Moreover, referring to its comments on the application of the Benzene Convention, 1971 (No. 136), the Committee requests the Government to consider that possibility with regard to the petrochemical industry, in conjunction with the social partners, and to supply information in this regard.