Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

The Committee notes that the information provided in the Government’s report submitted on 1 April 2010 did not include a reply to the Committee’s previous comments and the Government has not replied to the invitation by the Office of 13 July 2010 to complement the information submitted. The Committee hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the Government’s reports received in 2003 and 2005 and the information they contain. The Committee requests the Government to submit additional information on the following points.

Article 4(1) of the Convention. Bodies and procedures at national level created for the purpose of formulating, implementing and periodically reviewing a coherent national policy. The Committee notes the Government’s reference to a permanent monitoring system set up for the implementation and a review of the national policy on occupational safety, occupational health and the working environment, without providing further details as to its composition and activities. The Committee requests the Government to indicate the competent authorities as well as the most representative organizations of employers and workers that participate in the mentioned monitoring system to ensure the formulation, implementation and a periodical review of the national policy.

Article 6. Institutional functional distribution. The Committee notes the Government’s reference to several legal and regulatory instruments containing measures to give effect to this Article, including Decree No. 58/78 of 15 July 1978, Decree No. 84/78 of 22 September 1978 as amended to Decree No. 6/87 of 14 February 1978, Decree No. 86/78 of 1978 and Portaria Order No. 61/78. In order to make full assessment of the application of this provision of the Convention, the Committee requests the Government to supply copies of the mentioned texts, and any other relevant legislation, with its next report.

Article 9(1) and (2). Activities and functioning of an adequate and appropriate system of inspection. The Committee notes the Government’s references to technical and financial constraints experienced by the inspection services have and the reported lack of training for specialists. In addition to the present Article of the Convention, which requires the Government to secure the enforcement of laws and regulations concerning occupational safety and health by an adequate and appropriate system of inspection, the Committee refers to its 2005 observation made on the application of the Labour Inspection Convention, 1947 (No. 81), in which reference is made to the negative impact of technical and financial constraints on the capacity for the functioning of the labour inspection system. The Committee requests the Government to provide further information on how laws and regulations concerning occupational safety and health and the working environment are enforced through the work of the labour inspection system in the country, and to provide further details on the outcome of the work of these services.

Article 20. Cooperation between management and workers and/or their representatives within the undertaking. With reference to the Government’s intention to design relevant measures to ensure an appropriate cooperation between management and workers and/or their representatives within the undertaking, the Committee expresses the hope that such measures will soon be adopted and requests the Government to communicate all information on progress achieved with this respect.

Article 11. Provisions containing obligation of the competent authorities to carry out functions indicated in subparagraphs (a)–(f). The Committee notes that the report is silent on efforts made to ensure that the functions enumerated in subparagraphs (a)–(f) in the present Article are progressively carried out. The Committee requests the Government to provide information on efforts made in this respect.

As further detailed in the following, the Committee notes that the relevant legislation does not seem to contain provisions giving effect or full effect to some of the provisions of the Convention. The Government is requested to submit further information and clarifications as to whether and in what way effect has been given, or is envisaged to be given, to the following provisions of the Convention:

–      Article 5(a), (b), (d) and (e). Scope of the national policy. The present Article specifies five main areas that the national policy on occupational safety and health should cover. In its report, the Government refers only to action taken with respect to the areas of action covered by subparagraph (c) – training. Further information is required on actions taken in the other four areas;

–      Article 7. Review of the OSH situation. Article 15. Institutional coordination. Further information is needed on the arrangements made to ensure that the situation with regards to occupational safety and health in the country is reviewed at appropriate intervals, which permits the taking of appropriate and targeted measures to improve the situation and the arrangements to ensure the necessary institutional coordination.

–      Article 8. Implementation of national policy through laws and regulations. Further information is needed as to whether specific safety and hygiene standards for different sectors have been adopted pursuant to Decree No. 62/87 of 30 June 1987;

–      Article 10. Providing guidance to employers and workers. Information is needed on measures taken to give effect this requirement;

–      Article 12. Responsibilities for “third persons”. The report is silent as to provisions establishing the responsibility for the persons concerned to ensure that the occupational use of machinery, equipment or substance does not endanger workers’ safety and health and that information concerning the correct use of machinery, equipment and substances is made available;

–      Article 13. Right to removal from situations representing imminent and serious danger. Article 19(f). Obligation to report on situations representing imminent and serious danger. Further information is needed on the relevant legal provisions giving effect to these provisions;

–      Article 21. Occupational safety and health measures to be provided at no cost to the workers. Clarifications required as to effect given to this Article.

Part IV of the report form. Practical application of the Convention. Please give a general appreciation of the manner in which the Convention is applied in the practice, including extracts from the reports of inspection services and the information on the number of employed persons covered by the relevant legislation and the number and nature of contraventions reported, etc.