Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

Labour Inspection Convention, 1947 (No. 81) - Brazil (Ratification: 1989)

With reference to its previous comments, the Committee notes the information about the system of inspection and penalties in the area of occupational safety and health in Brazil, provided by the Secretariat for Occupational Safety and Health (SSST) of the Ministry of Labour, the Annual Report on the work of labour inspection in the area of safety and health, as well as the response of the Government to the observations communicated by the Trade Union of Alimentation Industries Workers of Jundiaí, Cajamar, Campo Limpo Paulista, Louviera, Itupeva, Váreza Paulista and Vinhedo.

1. Article 3, subparagraph 1(a), of the Convention. (a) Application of the legal provisions relating to safety and health. In its previous comments the Committee noted the observations communicated by several trade unions alleging the lack of efficiency of the labour inspection concerning the application of the provisions on safety and health at work. In support of their allegations, the trade unions referred, inter alia, to reports indicating that the number of accidents increased by 26.78 per cent in 1995 as compared to 1994 and that according to an estimate by doctors and experts specializing in accidents, the enterprises are responsible for 70 per cent of the accidents. The Committee notes the information and statistical data provided by the Government in a report by the SSST. These data show an average of more than 433,474 occupational accidents between 1992 and 1996, with a death rate (number of fatal accidents per 100,000 workers) having increased 75 per cent in 1994 and fatality rate (number of deaths per 1,000 accidents) having doubled from 1992 to 1996.

As concerns occupational diseases, the increase of recorded cases was found to be sevenfold by comparison between data from 1990 (5,217) and 1996 (34,889). The Committee notes the statement by the SSST that "the analysis gives a worrying picture" and that "from indicators of benefits paid for occupational accidents and diseases the situation is clearly unacceptable ...". The epidemiological analysis of these data enabled the SSST to identify the economic activities with the most worrying figures: mining industry; forestry; forestry exploration; construction and conversion industries; transport, storage and communication, electricity, water and gas supply.

The Committee notes the information provided by the Government that in accordance with the guidelines of the Plan of Action of the Ministry of Labour for 1996-98, a Programme to Enhance Working Conditions and Environment is being developed through the following action subprogrammes: (i) National Programme to Combat Occupational Accidents and Diseases; (ii) Reform Programme to Update the Legal Framework for Occupational Safety and Health; (iii) Programme to Combat Child Labour and Protect Adolescent Workers; (iv) Workers' Nutrition Programme; and (v) the Programme for the Priority of Management Techniques in Occupational Safety and Health. The National Programme to Combat Occupational Accidents and Disease combines diverse educational, preventive and inspection approaches under the basic guidelines of enhancing effectiveness through steering action towards the economic sectors with the highest rates of occupational accidents and diseases; broadening participation by society as a whole, in particular employers and workers; building a more efficient action model; and maximizing resources. The Committee notes that for 1998 the construction sector was made the national priority given the high occupational accident rates found in all regions. The Committee asks the Government to indicate whether the implementation of the National Programme to Combat Occupational Accidents and Disease has resulted in reduction of their numbers as well as to provide information on other practical results achieved through the programme.

(b) Application of the provisions to combat child labour and forced labour. The Committee recalls that in previous comments it noted the establishment of an Executive Group for the elimination of forced labour (GERTRAF, Decree No. 1538/1995) and that priority would be given to inspection activities to combat forced labour and work by children and young persons. Referring also to the above-mentioned action subprogramme to combat child labour and protect adolescent workers, the Committee hopes that the Government will provide detailed information on the inspections carried out, and the results achieved through warning and advice or penalties imposed.

2. Article 16. Frequency and thoroughness of inspection visits. The Committee notes the information provided by the Government on the National Campaign to Combat Occupational Accidents and Diseases (October 1996-April 1997), conducted within the framework of the National Programme to Combat Occupational Accidents and Diseases, which targeted priority areas and resulted in an increase of the number of inspections by some 29 per cent and the number of enterprises inspected by some 38 per cent in 1997; most of the inspections being carried out in establishments with fewer than 50 workers. The Committee notes these efforts made by the Government to increase the frequency of inspection visits and asks the Government to provide information on the results obtained through these inspections and on any subsequent measures undertaken or envisaged after the conclusion of the campaign in order to increase the number of inspections so that workplaces be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions.

3. Article 6. Status and conditions of service of the inspection staff. The Committee notes the allegations by the Trade Union of Alimentation Industries Workers of Jundiaí, Cajamar, Campo Limpo Paulista, Louviera, Itupeva, Váreza Paulista and Vinhedo concerning the existence of connivance, corruption and extortion within the inspection activities in the area of the enforcement of standards of safety at work. The Committee also notes the statement in their observations alleging the existence of an illegal system of protection and immunity against inspection of those enterprises that hire professionals connected with the inspection authorities.

The Committee notes the information in the Government's response, received at the ILO on 28 November 1997, that a commission was established to verify the alleged facts and that the Government will inform the ILO about its conclusions. The Committee trusts that the Government will provide such information in its next report. Recalling also that problems of application of Article 6 have been raised previously, the Committee requests the Government to report on measures taken to ensure that the conditions of service of inspection staff are such as to assure them of stability in employment and independence from improper external influences.

The Committee is addressing a request directly to the Government in relation to the application of Articles 2, paragraph 1, 6, 9, 15, paragraph (a), 18, 20 and 21 of the Convention.