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

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

Other comments on C161

Observation

Direct Request

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Referring to its observation, the Committee requests the Government to provide information on the following points.

Article 15 of the Convention. Informing occupational health services of occurrences of ill health among workers; relation between ill health and any health hazards which may be present at the workplace. The Committee notes the information provided by the Government replying to the questions posed by the Committee.

Article 2 of the Convention. Formulation, implementation and periodic review of a coherent national policy on occupational health services, in consultation with the most representative workers’ and employers’ organizations. In its previous comments the Committee examined a communication from the Union of Workers of the Chemical, Petrochemical and Allied Industries of Triunfo/RS (SINDIPOLO) and the Government’s reply. Recalling the provisions of Articles 1 and 5 of the Convention, the Committee asked the Government to take appropriate measures without delay to ensure better compliance with occupational safety and health standards to reduce the occupational accident rate in the petrochemical industry, and asked the Government to continue to provide information on any progress made in this regard. The Committee notes the Government’s indications concerning the action taken by the labour inspectorate in Río Grande Do Sul. The Committee points out that, in addition to the action of the labour inspectorate, the participation of the social partners in the periodic review of the health services policy, as provided for by this Article of the Convention, is essential for identifying the problems through dialogue and taking measures to solve them. The Committee requests the Government to provide information on the manner in which the national health and safety policy under discussion addresses the issue of the policy on occupational health services, including in the petrochemical industry and taking account of Article 5 of the Convention. The Committee also requests the Government to provide information on the consultations held with representatives of the employers and workers with a view to the periodic review of a coherent national policy on occupational health services, including representatives of the employers and workers in the petrochemical industry.

Part VI of the report form. Application of the Convention in practice and Article 3(1) and (2). Progressive establishment of occupational health services for all workers in all sectors and branches of economic activity. In its previous comments the Committee noted that on the basis of the general census of workers carried out in 2000, the total number of jobs in companies required to set up a specialist service for occupational safety and medicine (SESMT) amounted to 7,211,016 and that approximately 0.86 per cent of the total number of establishments were required to set up SESMTs while some 93.1 per cent of the total number of establishments were not required to do so. The Committee notes the Government’s indication that during inspections in enterprises compliance was also monitored with NR-4 concerning the SESMTs and that a substantial increase in the groups of workers covered by the SESMTs would entail amending NR-4, which in turn implies in-depth discussions with workers and employers. The Committee points out to the Government that dialogue with the representatives of the employers and workers to periodically review its national policy is precisely what is provided for in Article 2 of the Convention. The Committee notes that the information provided does not reply fully to its question and requests the Government to provide information on the proportion of workers covered by the SESMTs at the present time by comparison with the figures mentioned above, and on the dialogue maintained with the representatives of the employers and workers – for example, in the context of consultations relating to the national policy on occupational health services provided for in Article 2 of the Convention – in order to increase progressively the number of workers covered by occupational health services.