Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

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

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

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 5 of the Convention. Occupational health services with functions that are adequate and appropriate to the occupational risks of the undertaking. Article 8. Cooperation and participation on an equitable basis of the employer, the workers and their representatives. Communication from the Union of Teachers, Federal District (SINPRO–DF). The Committee refers to its comment on the Occupational Safety and Health Convention, 1981 (No. 155), in which it noted, inter alia, that SINPRO–DF affirms that the situation regarding the health of the teachers whom it represents is extremely serious and that occupational safety and health standards for the public sector, particularly education, are limited to leave of absence for illness and occupational rehabilitation, that is when the person concerned is already ill, but it maintains that there are no preventive measures. The Committee notes that, according to SINPRO–DF, in addition to the lack of preventive measures, the medical services repeatedly refuse to grant leave of absence for illness without even examining the patients concerned and it is extremely rare that they recognize the occupational origin of pathologies and they decide on early invalidity pensions to the clear detriment of the teachers in terms of the salaries they earn. The union also indicates that the period of sickness does not count towards accumulated service, which has an impact on holiday time and career progression, and that ultimately sick workers are penalized. SINPRO–DF indicates that the number of judicial proceedings relating to this subject already exceeds 1,000. It emphasizes the need for health services to identify and evaluate risks to health, monitor environmental factors at work, provide advice with regard to the planning and organization of work, promote improvements, and participate in analysis of occupational accidents. The union also calls for the application of Article 8 with regard to the worker participation provided for in this Article. The Committee notes that the Government has sent a report from the Under-Secretariat for the Management of Educational Professionals of the Government of the Federal District, which indicates that provision was made under Decree No. 29.021/2008 for a medical examination for admission to employment, a periodic medical examination for staff working in school canteens, that a programme for the periodic examination of all public employees is being drawn up, which was due to be implemented from May 2010 onwards, and that another programme – the “Better Health” programme – has been drawn up, which aimed at improving the health of employees and reducing absenteeism. The Committee notes that the Government does not provide any information on preventive measures of the health services or on the participation of teachers in the application of Article 8 of the Convention. The Committee requests the Government to take the necessary steps to ensure the full application of Articles 5 and 8 of the Convention in the sector concerned and to supply detailed information in this respect.

As the Government’s report was received too late to be examined at the present meeting, the Committee will examine it in detail at its next meeting, together with the reply to the present comments.

[The Government is asked to reply in detail to the present comments in 2011.]

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Further to its observation, the Committee notes the information provided by the Government in its latest report including a reply to its previous direct request.

2. Article 15 of the Convention. Information to give to occupational health services about illnesses among workers and relationship between illness and health hazards present at the workplace. The Committee notes from the Government’s report that, through the Single Health System and within the system of state and local health centres with specialist staff, the Ministry of Health is responsible for studying the relationship between health and work. The Committee notes, however, that the Government does not clarify how and on what basis the occupational health services (SESMT) are notified of occupational accidents and diseases of workers. The Committee hopes that the Government will take the necessary measures to give effect to this Article of the Convention.

3. Part VI of the report form. Application of the Convention in practice and Article 3, paragraphs 1–2. Progressive development of occupational health services for all workers, in all sectors and in all branches of economic activity. With reference to its previous comments the Committee notes from the Government’s report that the Ministry of Health, through the Single Health System, is responsible for undertaking the initiative to expand occupational health services to cover larger numbers of the working population and that this issue was being discussed in a permanent tripartite commission. The Committee also notes that the Government indicates there was no reliable data on the number of specialist services created as a result of the application of the provisions of the integrated system of labour risks prevention, due to changes in the number of companies, the number of employees in each and, especially, the vast size of Brazil. The Committee also notes the Government’s indication that available data concerns formal employment in Brazil, which represents some 21 million workers, and not the economically active population, estimated at 70 million workers. It also notes the statement that, based on a general census of workers in 2000, the total number of jobs in companies required to set up SESMTs amounted to 7,211,016 and that some 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 requests the Government to pursue its efforts progressively to increase the number of workers covered by occupational health services, to continue to report on any concrete measures taken in this respect, as well as any practical results obtained.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

1. The Committee notes the information provided by the Government in its comprehensive reply to the Committee’s previous comments formulated in connection with the observations made by the Chemical, Petrochemical and Related Industries of Triunfo/RS Trade Union (SINDIPOLO).

2. The Committee notes that the Government reports that in addition to the 12 inspection visits previously reported, another seven inspections had been carried out at the company Petroflex Industria e Comércio S/A and that, during these inspections, several technical and organizational infringements which had a direct impact regarding the current situation with safety and health at work were noted. The following infringements were noted during inspection visits in 2004:

n      lack of inspection at the correct intervals of pressure vessels (boilers) as well as correct documentation on the boilers, failure to establish the compulsory Internal Committee for Prevention of Accidents (CIPA) (visit in February);

n      failure to issue a notice of accident at work, lack of training of workers on emergency first aid, failure to record medical data in the medical file, failure to carry out the actions required under the Programme of Prevention of Environmental Hazards (PPRA) with subcontractors, failure to inform about risks to the CIPA of the subcontractors; failure to identify risks in the PPRA, failure to carry out quantitative evaluations of environmental agents, failure to hold special meetings of the CIPA when accidents occur, failure to adopt risk control measures (visit in August);

n      lack of safety belt, the inadequacy of Programmes of Prevention of Environmental Hazards, lack of environmental control measures, insufficient guarding of machinery, lack of risk assessment, guards poorly fixed to machines, lack of personal protective equipment or acquisition of inadequate equipment (visit in 2004).

3. The Committee also notes from the Government’s report that as a result of these infringements the following accidents had occurred:

n      the accident on 15 August 2004, when 27 tonnes of benzene were spilled on a neighbouring company, “Innova”. Twenty workers were affected, and officially recorded as victims. There was no prior evaluation of this possibility and no control measures were in place and there was neither information nor training of workers in this respect. The analysis of the accident revealed failures of risk assessment, failures of emergency planning, presence of a dangerous (flammable) substance without adequate control and management;

n      the fatal accident on 14 October 2004, of an employee of the subcontractor “Motrix” when the worker’s foot was caught in a rubber rolling press, from which the guard had been removed from the shaft and flanges, and he lost his foot and ankle because of failures to anticipate and detect risks, guards which had been removed, interference of ambient noise.

4. The Committee draws the Government’s attention to that Convention (Article 1) contains requirements for the establishment and maintenance of a safe and healthy working environment which will facilitate optimal physical and mental health relating to work as well as the adaptation of work to the capabilities of workers in the light of their state of physical and mental health and that, in accordance with Article 5, within a system of occupational health services for all workers, the functions of such services shall include: identification and assessment of the risks from health hazards in the workplace; surveillance of the factors in the working environment and working practices which may affect workers’ health; provision of advice on organization of work, including the design of workplaces, on the choice, maintenance and condition of machinery and other equipment and on substances used in work; advice on individual and collective protective equipment; participation in the development of programmes for the improvement of working practices as well as testing and evaluation of health aspects of new equipment; and, collaboration in providing information, training and education in the fields of occupational health and hygiene and ergonomics. The Committee requests the Government to take appropriate measures without delay to ensure that there is better compliance with occupational safety and health standards to reduce the occupational accident rate in this sector of activity, and requests the Government to continue to provide information on any progress achieved in this regard.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

Article 3, paragraphs 1, 2, and 3, of the Convention. The Committee notes that the Government’s report does not contain replies to its previous comments concerning the Government’s earlier replies under Parts IV and V of the report form, where it had indicated its inability to specify the number of workers covered by the legislation applying the Convention. Please provide information on the measures taken or envisaged to monitor the number of workers covered by the legislation applying the Convention.

The Committee also notes the informationthat the Ministry of Labour is preoccupied by the increased growth of the number of enterprises in the informal sector, and that jointly with the Ministry of Health and that of Social Protection and Assistance, it has prepared a draft law aimed at creating a system of occupational health service covering these workers. This draft is currently in the hands of the legislative authorities and that the Government will inform the Office concerning its adoption. The Committee hopes this draft will be adopted soon and that a copy of the adopted text would be sent to the Office.

Article 15. Further to its previous comments, the Committee notes with interest the information that there is a chain of state and community health centres with specialised personnel exclusively dealing with enquiries into and handling of the aggravation of the health of workers. The information obtained is used to trigger visits by these specialized personnel at the workplace, aimed at establishing the links between the risks and the aggravation detected, and to involve the employers and the specialized services (where they exist), with a view to providing for corrective measures and for better respect of the protective legislation in the matter. The Committee reiterates its previous request to the Government to indicate the manner in which the specialized services in safety engineering and occupational medicine are informed of occurrences of diseases amongst workers and absences from work for health reasons, whether or not an occupational disease is registered, in order that they might better analyse the factors in the working environment which affect workers’ health. The Committee further requests the Government to indicate the measures taken or envisaged to ensure that the personnel in these services are not required by the employer to verify the reasons for the absence from work.

Part VI of the report form. Further to its previous comments, the Committee notes the information that it is impossible for the Government to give the number of specialized services created as result of Regulation No. NR4 because of the variation in the number of these enterprises, their duration of existence and the size of the country which hinders a reliable registration system. The Government further indicates that Act No. 8080 gives access to the workplace to the health surveillance body attached to the Ministry of Health without resulting in the creation of specialized services for the moment. The Committee would be grateful if the Government would indicate the measures it proposes to take to overcome the difficulties encountered and to ensure better monitoring of the practical application of the provisions of the Convention.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the comments made by the Union of the Workers from the Chemical, Petrochemical and Related Industries of Triufo/RS (SINDIPOLO) relating to the petrochemical enterprise Petroflex industry and Commerce S.C., and the replies made by the Government, in the context of the application by Brazil, of Convention Nos. 148, 155, 161, 170 and 174. The Committee has decided to deal with these comments under Convention No. 161.

The Union refers to the case of a worker who had suffered a heart attack while working for an enterprise, KS Kondorfer and Silva, which was a subcontractor of Petroflex, manipulating barrels weighing 200 kg full of chemical products in an area of work that was classified as a warehouse for chemical products. No assistance was available from Petroflex and the first assistance was provided far away from the workplace, where he was helped by other workers and taken by an outside ambulance service, and without being accompanied by a medical doctor of Petroflex. Neither the national standards of the Labour Code (CLT) and the regulations (NRs), nor those of the ILO were met in the subcontracted out activity of Petroflex where the situation was inadmissible in the context of high-risk activity. The main failures were the lack of pre-employment medical examinations, non-issuance of the declaration of occupational accident (CAT), and lack of adequate safety practices and drills and technical studies regarding the workplace. The Union pointed out that while workplace irregularities and accidents, including a fire in July 1995, were increasing, Petroflex was dismantling its technical staff, including in the area of occupational safety and health. It deplored the conditions of work of those working in subcontracting enterprises and it had even brought various cases before the negotiating table with Petroflex. Petroflex had refused outside interference in its management model. The Union blamed the deterioration of the conditions of work and more particularly of occupational safety and health in this major enterprise on factors such as its privatization, and the introduction of new management models (resignations, subcontracting and industrial automation).

For its reply, the Government indicated that it had relied upon data from the Federal Labour Inspection Service (SFIT), the communications of occupational accidents (CATs) made by the enterprise, and labour inspection reports for occupational safety and health. According to the communication from the Federal Labour Inspection Service, the enterprise had been inspected on 12 occasions during the period 1997-2002, and six of these concerned occupational safety and health. In 1998, three visits of inspection revealed irregularities of failure to inspect, initially, periodically and on extraordinary occasions, a pressure container, failure to secure the guards of a rolling bridge, failure to prevent hazards, failure to determine and signal to workers hazards, prohibitions, safety duties and procedures to be followed in cases of accidents, and failures relating to fixed guards on machines and equipment. In 2000 two visits of inspection were made which revealed workers entering workplaces and working without the foreseen safety precautions being respected, and the failure to adopt preventive occupational safety and health measures by the subcontracting enterprises. In 2002 one inspection visit was conducted which revealed the failure to carry out medical examinations of those returning back to work, failure to elaborate the required report on the safety measures taken during the year, failure to anticipate, recognize, evaluate and consequently control occupational risks that occur or could exist in the working environment, taking into account the need to protect the environment and natural resources, and failure to provide adequate guards for machines and equipment with repetitive action which present risks to the operator, failure to provide appropriate safety devices for starting them.

In respect of the death on 21 November 2000 of the employee of the enterprise KS Kondorfer and Silva, a subcontractor of Petroflex, the Government submitted the accident investigation report which confirmed death as a result of a heart attack while the victim was at work manoeuvring and moving barrels weighing 200 kg. According to this report, the worker suffered the heart attack at 1.30 p.m. approximately and arrived at a medical centre by ambulance at 2.10 p.m. where he received help until 3.15 p.m. when death was pronounced. The report also indicated that the enterprise KS Kondorfer and Silva did not present proof of a pre-employment medical examination of the worker, and that it had not made an ergonomic analysis of work that resulted in the accident to adapt the work to the worker and to meet requirements of maximum weight that may be lifted, transported and discharged by an individual.

The Government’s report indicated that an analysis of the occupational accident reports (CATs) for the period between February 2000 and April 2002 confirmed that 38 indicated Petroflex as the employer or place of accident. More than two-thirds of these CATs (26) had subcontractors as employers. Ten out of 38 CATs involved absence from work, and none of them involved absence from work of more than 60 days. The Government’s report indicated that these CATs did not constitute the total of CATs.

The Committee would be grateful if the Government could continue to provide information regarding occupational accidents occurring in the enterprises concerned, including the subcontracting enterprises, and information on the measures taken to ensure that there is better compliance with occupational safety and health standards which will hopefully reduce the occupational accident rate in the sector of activity.

In addition, the Committee is addressing a request recalling certain other points directly to the Government.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

Article 3, paragraphs 1, 2, and 3, of the Convention. The Committee notes that the Government's report does not contain replies to its previous comments concerning the Government's earlier replies under Parts IV and V of the report form, where it had indicated its inability to specify the number of workers covered by the legislation applying the Convention. Please provide information on the measures taken or envisaged to monitor the number of workers covered by the legislation applying the Convention.

The Committee also notes the information that the Ministry of Labour is preoccupied by the increased growth of the number of enterprises in the informal sector, and that jointly with the Ministry of Health and that of Social Protection and Assistance, it has prepared a draft law aimed at creating a system of occupational health service covering these workers. This draft is currently in the hands of the legislative authorities and that the Government will inform the Office concerning its adoption. The Committee hopes this draft will be adopted soon and that a copy of the adopted text would be sent to the Office.

Article 15. Further to its previous comments, the Committee notes with interest the information that there is a chain of state and community health centres with specialised personnel exclusively dealing with enquiries into and handling of the aggravation of the health of workers. The information obtained is used to trigger visits by these specialized personnel at the workplace, aimed at establishing the links between the risks and the aggravation detected, and to involve the employers and the specialized services (where they exist), with a view to providing for corrective measures and for better respect of the protective legislation in the matter. The Committee reiterates its previous request to the Government to indicate the manner in which the specialized services in safety engineering and occupational medicine are informed of occurrences of diseases amongst workers and absences from work for health reasons, whether or not an occupational disease is registered, in order that they might better analyse the factors in the working environment which affect workers' health. The Committee further requests the Government to indicate the measures taken or envisaged to ensure that the personnel in these services are not required by the employer to verify the reasons for the absence from work.

Part VI of the report form. Further to its previous comments, the Committee notes the information that it is impossible for the Government to give the number of specialized services created as result of Regulation No. NR4 because of the variation in the number of these enterprises, their duration of existence and the size of the country which hinders a reliable registration system. The Government further indicates that Act No. 8080 gives access to the workplace to the health surveillance body attached to the Ministry of Health without resulting in the creation of specialized services for the moment. The Committee would be grateful if the Government would indicate the measures it proposes to take to overcome the difficulties encountered and to ensure better monitoring of the practical application of the provisions of the Convention.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes with interest the information provided by the Government in its first and second reports. It requests the Government to provide further clarification, in its next report, on the following points:

Article 3, paragraphs 1, 2 and 3, of the Convention. The Committee notes that Regulation No. 4 (NR4) provides for the setting up of specialized services in safety engineering and occupational medicine for the promotion of workers' health in both public and private enterprises. The Government has indicated in its report, however, in reply to points IV and V of the report form that it is not able to specify the number of workers covered by the legislation applying the Convention. The Government is requested to provide information on the plans drawn up for the establishment of occupational health services for the workers not covered by the existing schemes and to report on any progress made in the implementation of these plans.

Article 15. The Committee notes that Regulation No. 4 provides for the specialized services in safety engineering and occupational medicine to analyse and register data concerning occupational accidents and diseases. The Government is requested to indicate the manner in which these services are informed of occurrences of ill health amongst workers and absences from work for health reasons, whether or not an occupational disease is registered, in order that they might better analyse the factors in the working environment which might affect workers' health. The Government is also requested to indicate the measures taken to ensure that the personnel in these services are not required by the employer to verify the reasons for absence from work.

Point VI of the report form. The Government is requested to provide information on the practical application of the Convention, including extracts from inspection reports, statistics on the number of specialized services created by virtue of NR4, the number of workers covered by the services created within the framework of the comprehensive health scheme established under Act No. 8080, and to indicate any difficulties which might have arisen in the implementation of the relevant legislation.