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

Occupational Health Services Convention, 1985 (No. 161) - Brazil (Ratification: 1990)

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.]