Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee refers the Government to its observation and requests it to provide further information on the following matters.

Article 6 of the Convention. With reference to its earlier comments, the Committee notes that provisional measure No. 1915-1 of 29 July 1999 and the texts extending it have been replaced by Act No. 10.593 of 6 December 2002 organizing the career of labour inspector. It also notes that penalties were imposed on labour inspectors following enquiries into administrative irregularities. Also noting that further administrative procedures have been initiated against certain inspectors, at central and regional level, the Committee requests the Government to provide information on the results of the above inquiries and procedures.

Articles 17 and 18. With reference to its previous comments, the Committee notes that where breach of the provisions does not entail serious and imminent danger for the safety and health of workers, under the procedure involving agreement between the inspectorate and the employer, the labour inspector must monitor the remedial measures. Failure to remedy the breach entails referral to the Public Prosecutor for Labour, who will initiate the appropriate legal action. The Committee stresses in this connection, as it did in paragraph 263 of its General Survey of 1985 on Labour Inspection, that in order to ensure that penalties remain dissuasive, there should be some procedure whereby the rate of fines is periodically reviewed so that they continue to be a deterrent regardless of any monetary fluctuations.

Articles 20 and 21. With reference to its previous comments, the Committee notes the inspection reports for the years 2002 and 2003 and the data on industrial accidents for the period from 1996 to 2002. These reports, which are published in the Official Journal contain figures showing the number of labour inspectors, the number of workplaces inspected, the information and guidelines provided, the number of infringements reported and the number of fines imposed. The Committee would be grateful if the Government would ensure that an annual inspection report which also shows the number of establishments liable to inspection and the number of workers employed in them, statistics of inspection visits, occupational accidents and instances of occupational disease (Article 21(c), (d), (f) and (g)) is in future published regularly and sent to the ILO within the time limits prescribed by Article 20.

Prevention and supervision of occupational safety and health. With reference to its previous comments, the Committee notes with interest the information on the various activities carried out to ensure prevention and supervision of health and safety conditions at work. It notes in particular that priorities have been set on the basis of industrial accident indicators in the iron and steel sector, the food industry, the timber industry, mining, the textile industry and the water, sanitation and energy sectors, the Committee would be grateful if the Government would continue to provide information on supervisory activities in the abovementioned sectors and their impact in terms of developing occupational risk prevention.