Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Medical Examination (Fishermen) Convention, 1959 (No. 113) - Brazil (Ratification: 1965)

The Committee notes the information provided in the Government’s report, in particular the adoption of Circular No. 61 (instrução normativa) of the Labour Inspection Secretariat – SIT/MTE of 18 January 2006, which establishes the national and regional coordination service of the Port and Maritime Labour Inspectorate, and Regulation MTE-NR 30 of 4 December 2002, on the safety and health of workers in the maritime sector. The Committee would like to receive further information on the following points.

Article 3 of the Convention. Prescribing the nature of the medical examination and the content of the medical certificate. The Committee notes the Government’s indication that fishers are categorized as maritime sector workers by virtue of section 1, paragraph 3, of Decree No. 2596 of 18 May 1998, and that the medical examination of these workers must therefore comply with the provisions of Regulation NR-7, which establishes the Occupational Health Medical Supervision Programme (PCMSO), and Regulation MTE-NR 30 of 4 December 2002 on the safety and health of workers in the maritime sector. It also understands that the Fisheries Sub-Commission, a tripartite body, is working on extending and adapting the legislation to fishers, and that specific regulations for this category of workers are being drawn up. The Committee asks the Government to keep it informed in this regard and to provide a copy of any relevant legal text as soon as it has been adopted.

Article 4. Validity of medical certificates for fishermen under 21 years of age. The Committee notes the information indicating that the validity of periodic medical examinations is established in the PCMSO and can vary from six months to two years, depending on the risks and on the specific duties that the worker concerned must perform. It also notes that, at present, the PCMSO sets the validity of medical certificates for all workers below 18 years of age and over 45 years of age at one year, but that the Fisheries Sub-Commission may soon make amendments so as to bring the legislation into line with the Convention. The Committee hopes that the Government will take the necessary measures without delay, and asks it to keep the Committee informed of any progress made in this area.

Article 5. Examination by an independent medical referee. The Committee notes the Government’s indication that the employee, having been considered unfit for work by the doctor chosen by the employer, may undergo a medical examination by the National Social Security Institute (INSS), and that, ultimately, the judicial authorities establish the worker’s fitness to work. The Committee asks the Government to indicate the legal or regulatory text containing these provisions.

Part V of the report form. The Committee notes the information provided in the labour inspection report for 2003 and the information on the characteristics of the fishing industry (fleet, number of professional fishers and enterprises, capacity and economic importance of the sector, etc.). The Committee asks the Government to continue providing general information on the manner in which the Convention is applied in practice, indicating, for example, the number of professional fishers covered by the Convention and providing statistics, where available, on the number of medical examinations carried out and medical certificates issued each year, extracts of the reports of the national and regional coordination services of the Port and Maritime Labour Inspectorate, information on the number and nature of the contraventions reported and the penalties imposed, etc.