Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

The Committee notes the Government’s report received on 19 September 2012. It also notes the observations made by the National Union of Labour Inspectors (SINAIT) in a communication dated 1 September 2010 and the Government’s reply thereto. The Committee further notes the observations from the Health, Labour and Social Welfare Workers’ Union of the State of Rio de Janeiro (SINDSPREV/RJ) dated 5 March 2009, which were forwarded to the Government in a communication dated 14 April 2009.

Article 6 of the Convention. Psychological harassment of occupational safety and health (OSH) officers. The Committee notes the claim made by SINDSPREV/RJ that OSH officers are subjected to psychological harassment from the Labour Inspection Secretariat (SIT), to which they are hierarchically and technically subordinate. According to the trade union, the psychological aggression against these officers is instigated by the Director for Federal Inspection at the Ministry of Labour and involves the complicity of a small and strategic number of labour inspectors (labour auditors) who also engage in this practice under the director’s instructions and supervision. The union claims that the aim of discrimination at work and the abovementioned harassment of OSH officers is to make their work and position in the federal inspectorate untenable and superfluous. According to SINDSPREV/RJ, this practice takes the form of: (a) constant and systematic obstruction of the functional evaluation and remuneration of OSH officers specializing in labour inspection, which bars their entry to the grade of labour inspector (labour auditor), despite the fact that they have the same official credentials as doctors, engineers and social workers promoted to the grade of labour auditor in accordance with Act No. 10593/02; (b) the abolition of the main operational powers derived from the original Decree, which included the power of federal labour inspection officials to issue infringement notices; (c) discrimination by level of education, despite the fact that OSH officers have academic qualifications higher than those required for the post; (d) prevention of OSH officers from participating in national teams dealing with the prevention of forms of labour akin to slavery; (e) refusal to grant performance bonuses to OSH officers related to the collection of contributions and to inspections, despite favourable opinions from the Minister of Labour and Employment in this regard; (f) lack of recognition and constant denigration of the work done by OSH officers in other areas of labour inspection; (g) prohibition on including the special report on implementing measures, collection of contributions and suspension of activities in the federal labour inspection system; and (h) prohibition on including in the federal labour inspection system the inspection report on duties relating to the implementation by OSH officers of enforcement actions on the basis of a service order, even though these actions had received prior authorization. The Committee regrets that it must once again ask the Government to send without delay its comments regarding the observations of SINDSPREV/RJ.

Labour inspection and combating conditions of work akin to slavery. The Committee notes that, as regards the formation of new teams in the special mobile inspection group (GEFM), which is tasked with taking action against forced labour, as called for by SINAIT, the Government declares that such action does not depend solely on an increase in the number of labour inspectors but also on the profile of inspectors and their availability and interest in participating in such action. The Labour Inspection Secretariat (SIT) periodically consults the labour inspectors but only a small proportion of them volunteer to join the GEFM.

The Committee notes with interest that according to section 7 of Normative Instruction No. 91, issued by the SIT on 5 October 2011, inspections aimed at the elimination of conditions of work akin to slavery are conducted by the SIT through teams belonging to the GEFM or by inspection groups or teams organized within the regional labour and employment authorities (SRTE). The Committee requests the Government to include disaggregated statistical information, on inspections conducted during the period covered by its next report, by GEFM teams and inspection teams organized within the SRTE alike, aimed at the elimination of conditions of work akin to slavery (Article 21(d)), as well as on violations reported by inspectors in the course of inspection visits (mentioning the relevant provisions) and penalties imposed (Article 21(e)).

Labour inspection and elimination of child labour. The Committee notes the Government’s indication that the elimination of child labour constitutes the priority objective of a raft of public policies focusing on the promotion of human rights, social inclusion and equitable development. According to the Government, the increase in the number of inspections since 2006 is in contrast to the drop in the total number of children and young persons withdrawn from work over the same period. This stems from the increase in coverage and effectiveness of the inspectorate, combined with other actions to promote social values, and from the trend towards a reduction in child labour. However, a significant proportion of young persons between 5 and 14 years of age who work do so in private households, and this situation restricts intervention by inspectors, on account of the principle of inviolability of the home, apart from the fact that the application of legal enforcement instruments is restricted to employment relationships. The Committee requests the Government to provide disaggregated statistics on inspection visits aimed at combating child labour during the period covered by its next report (Article 21(d)) and also on violations reported by labour inspectors (indicating the relevant provisions) and penalties imposed (Article 21(e)).

Article 7(3). Adequate training for labour inspectors. The Committee notes that SINAIT is calling for an increase in the number of labour inspectors with specific training for actions designed to reduce the high accident rates and maintains that there is a need for ongoing training taking into account the specific features of the inspection function.

The Government refers to training activities for inspectors, including those relating to regulations concerning rural work, the health sector, the electricity sector, and confined spaces; OSH, the food programme for workers, analysis of occupational accidents; and recent regulations and labour inspection training in specific economic activities, such as the sugar and alcohol industry, the food and refrigeration industry and the transport sector. Information is also provided on subjects such as project management, public management applied to labour inspection, and the collation of inspection documents.

The Government also states that there are ongoing positive developments regarding inspection performance indicators in the field of OSH. In addition to direct results in inspected workplaces, an indirect effect of inspection is that workplaces that have not been inspected seek to improve working conditions and achieve conformity with the legislation, faced with the prospect of inspection. Furthermore, the analysis of serious and fatal accidents, which was introduced in 2001, makes it possible to identify the areas where priority action is required. The Government also mentions the setting up in 2008 of the “accident analysis and prevention reference system” (SIRENA), which provides for training for inspectors, collaboration between the public bodies involved and dissemination of information. It adds that the data must be analysed with caution and in the light of changes in standardization methods and the actual dynamics of the labour market. Rather than an exponential increase in the number of accidents, what is observable is an improvement in the system for the registration and identification of occupational accidents in the country. According to the Government, the number of accidents varies from one year to another, without any clear trend being visible, except for an increase that occurred in 2004. It also indicates that the growth in the economy and in employment in recent years may have an impact on occupational accident statistics.

The Committee notes with interest Ordinance No. 111 of 17 January 2011 of the Minister of State for Labour and Employment establishing the staff development policy for the Ministry of Labour and Employment and the extract from Normative Instruction No. 92 of 7 October 2011 issued by the SIT, which regulates the granting of training leave for labour inspection officials. It observes that the areas of knowledge which qualify for the granting of training leave, provided for by section 49 of Ordinance No. 111, include the elimination of labour akin to slavery, the elimination of child labour, and OSH. The Committee requests the Government to provide information on the number of labour inspectors who have received leave for training in these areas, the type of training (seminar, symposium, course, etc.) and its duration, and the training institution. It further requests the Government to continue to send information on the training activities organized specifically for labour inspectors in the area of OSH, and also on the impact of training on the performance of preventive duties, in accordance with Articles 3(1)(b) and 13 of the Convention.

Killing of labour inspectors and their driver in 2004; physical safety of inspectors. The Committee notes that SINAIT deplores the fact that the persons responsible for the killing of three labour inspectors and a driver from the Ministry of Labour in January 2004 have not been brought to trial. According to the information provided by the Government, the Federal Police and the Federal Public Prosecutor’s Office concluded the investigation in July 2004. Nine persons were charged with acting as sponsors, intermediaries or perpetrators. In December of that year, a judge ruled that eight of the nine accused should be brought before a public jury. It was decided that the remaining defendant was entitled, by virtue of his status of mayor, to be tried in a special tribunal. The countless appeals submitted to various bodies by the accused have been dismissed. In early November 2010, rulings were pending in relation to two appeals before the High Court of Justice in Brasilia. It was expected that once the case was returned to the court of origin a ruling would be handed down promptly. The Committee requests the Government to send information on the outcome of the proceedings instituted against the persons responsible for the killing of the three labour inspectors and driver from the Ministry of Labour.

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