Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152) - Brazil (Ratification: 1990)

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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

The Committee notes the Government’s full report, which replies to the questions raised by the Committee in its last comments.

Article 38(2) of the Convention. Minimum age for operating lifting appliances or other cargo-handling appliances. The Committee notes that the List of the Worst Forms of Child Labour (Decree No. 6481 of 12 June 2008) provides that the minimum age for certain types of work is 18 years. The Committee notes that paragraphs 61 and 87 of the List could give effect to this Article of the Convention. The Committee requests the Government to: (i) indicate whether this List gives effect to Article 38(2) of the Convention, under which lifting appliances or other cargo-handling appliances shall be operated only by a person who is at least 18 years of age and who possesses the necessary aptitudes and experience or a person under training who is properly supervised; and (ii) provide information on its application in practice. In the event that the List does not cover the prohibition set out in this Article of the Convention, the Committee requests the Government to adopt the necessary measures to give effect to this prohibition and to provide information in this respect.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Further to its observation, the Committee requests the Government to supply information on the following matters, relating to the consolidated version of Regulatory Standard NR 29 of 17 April 2006.

Article 3, paragraphs (e) and (f), of the Convention. Lifting appliances and loose gear. The Committee requests the Government to supply the definitions corresponding to Article 3(e) and (f) of the Convention. With regard to paragraph (c), the Committee understands that this might be covered by NR 29.3.5.3 but requests the Government to clarify whether provisions exist which supplement this definition within the meaning of the Convention or whether NR 29.3.5.3 is applied within the meaning of the Convention.

Article 5, paragraph 2. Two or more undertakings engaged in activities simultaneously at one workplace. The Committee refers the Government to its comments on the application of the Occupational Safety and Health Convention, 1981 (No. 155), and the Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148), in which it dealt with this matter. The Committee requests the Government to supply information on the manner in which the legislation regulates the duty to collaborate when two or more employers undertake activities simultaneously at one workplace. It also requests the Government to provide information on the general procedures for such collaboration and, if applicable, to provide examples of this application in practice.

Article 13, paragraphs 5, 6 and 7. Protection against dangerous parts of machinery. The Committee understands that NR 12.3.8 gives effect to paragraph 5 but requires clarification regarding the provisions and articles which give effect to all three of these paragraphs. The Committee requests the Government to supply such information.

Article 17, paragraphs 2 and 3. Means of access. The Committee requests the Government to indicate the laws or regulations which give expression to these provisions of the Convention.

Article 18, paragraphs 1, 2 and 3. Adequate construction and maintenance, suitable attachments and markings. The Committee requests the Government to indicate the laws or regulations which give expression to these provisions of the Convention.

Article 20, paragraphs 1, 2 and 4. Holds or cargo decks. The Committee requests the Government to indicate the laws or regulations which give expression to these provisions of the Convention.

Article 22, paragraphs 2 and 4. Testing of lifting appliances and items of loose gear. The Committee requests the Government to indicate the laws or regulations which give expression to these provisions of the Convention.

Article 23, paragraph 2. Test features. The Committee notes that NR 29.3.5.10.1 provides for annual testing but that this provision appears to refer only to shore-based lifting appliances and loose gear. The Committee requests the Government to indicate the laws or regulations which prescribe the thorough annual examination, on shore and on board, referred to in Article 23(1) and the definition thereof referred to in Article 23(2).

Article 24, paragraph 2. Features of inspections. The Committee requests the Government to indicate the relevant laws or regulations which give expression to these provisions of the Convention.

Article 25, paragraphs 2 and 3. Register of lifting appliances and items of loose gear. The Committee notes the information supplied by the Government and requests the Government to provide further details on the relevant provisions.

Article 26, paragraphs 1(b), 2(a) and (b), and 3. Mutual recognition. The Committee requests the Government to indicate the relevant laws or regulations which give expression to these provisions of the Convention.

Article 27, paragraph 3. Marking of derricks. The Committee requests the Government to indicate the relevant laws or regulations which give expression to these provisions of the Convention.

Article 38, paragraphs 1 and 2. Prohibition on employing any worker without adequate instruction or training, and prohibition on the employment of young persons under 18 years of age in the cases indicated.  The Committee requests the Government to indicate the relevant laws or regulations which give expression to these provisions of the Convention.

Part V of the report form. Application in practice. The Committee requests the Government to continue to supply information on the manner in which the Convention is applied in practice. Furthermore, with reference to its comments on Convention No. 155 this year, in which it notes the campaign on occupational accidents, the Committee requests the Government to supply detailed information on the results of such a campaign in the sector covered by the Convention, indicating trends with regard to occupational accidents and the measures taken or contemplated to prevent them. The Committee also requests the Government to give a general description of any difficulties encountered or expected in relation to the application of the Convention in practice.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Legislation. The Committee notes with interest the full report from the Government and notes with satisfaction the consolidated version of Regulatory Standard on Safety and Health in Dock Work No. NR 29 of 17 April 2006, and which provides for mandatory protection for dock workers against accidents and diseases, facilities first aid, and aims at establishing the best possible conditions for safety and health for dockworkers, and which, in conjunction with other provisions already in force, gives substantial expression to the Convention. However, the Committee notes that more detailed information is required to clarify a number of points which are being dealt with in a direct request.

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

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the Government's report as well as the comments made by the Trade Union of Dockers of the ports of the State of Espiritu Santo.

1. In its previous comments, the Committee observed that there were still shortcomings in national legislation in ensuring the application of the Convention. It noted the draft safety and health standards for dock work published in May 1995, and also the establishment of organizations to collect suggestions on it from persons and bodies, after the publication of the draft.

The Government states that a tripartite working group was established by the secretariat for the Occupational Safety and Health of the Ministry of Labour so as to analyse the suggestions of the legal section of the Ministry of Labour and to accomplish the preparatory phase towards the publication of the Dock Work Standards giving effect to the Convention.

The Committee again expresses the hope that this regulatory text will be adopted in the very near future to give effect to the provisions of the Convention, in particular its Article 4, according to which the national legislation should prescribe, as regards dock work, that measures complying with Part II of the Convention be taken.

2. In its previous comments, the Committee drew the Government's attention to the need to adopt specific measures to protect the safety and health of workers in the port sector taking into account that serious and fatal accidents happened in this sector. In this regard, the Committee notes that, according to the Trade Union of Dockers of the port of the State of Espiritu Santo, the general situation has not improved and that there are still serious work accidents (sometimes fatal ones). The tripartite group set up to prepare the final text of occupational safety and health standards in the port sector has accomplished its work in August 1996.

The Committee trusts that the Government will take in due course the necessary measures aimed at ensuring the application of the Convention on the subject and guaranteeing the safety in dock work.

3. In its previous comments, the Committee requested the Government to attach: (i) extracts from inspection reports; (ii) information on the number of workers covered by the legislation, the number and nature of violations reported and the measures taken as a result of them; as well as (iii) the number of work accidents and occupational diseases recorded. The Committee reiterates the request that the Government should communicate such information and documentation (point V of the report form) so as to give a general appreciation of the manner in which the Convention is applied.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes with interest the information supplied in the Government's report.

1. With reference to its previous comments, the Committee draws the Government's attention to the fact that there are still shortcomings in national legislation to ensure application of the Convention. The Committee notes the establishment, on the basis of various ministerial Decrees adopted in 1995, of bodies to prepare the draft dock safety and health standard, to collect suggestions on it from persons and organizations after publication, and to prepare its final version. It also notes that the draft dock safety and health standard was published in May 1995. The Committee hopes that this regulatory text will be adopted in the very near future and that it will give effect to the provisions of the Convention, in particular, Article 4, under which national laws shall prescribe the technical measures laid down in Part III of the Convention.

2. In its previous comments, the Committee referred to the allegations of several trade union organizations and brought to the Government's attention the need to adopt specific measures to protect the health and safety of workers in the port sector, in view of the fact that there were serious and even fatal accidents in the sector. The Committee would be grateful if the Government would inform it of the measures taken or contemplated to ensure respect for the Convention in this matter. The Committee also requests the Government to send it a general appreciation of how the Convention is applied and to attach extracts from inspection reports and information on the number of workers covered by the legislation, the number and nature of violations reported and the measures taken as a result of them, along with the number of industrial accidents and diseases reported (point V of the report form).

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

In its previous observation the Committee noted the comments made in January 1993 by the Crane, Fork-lift and Other Maritime and River Ports and Terminals Cargo-handling Machinery and Equipment Operators Union of the State of Sao Paulo on issues concerning the application of the Convention.

In its comments, the above organization alleged that the poor state of repair and operation of the lifting machinery, which is the working equipment of this category of workers who are employed in the port of Santos by the Companhia Docas del Estado de Sao Paulo, constitutes a serious risk not only for the workers but for plant and ships. The above organization states that it is concerned at so serious a situation and has therefore alerted the competent port authorities on several occasions but that the defective machinery has not been replaced. Because of the state of the machinery, one worker died as a result of an accident on 4 January 1993. The organization therefore communicated to the Regional Labour Delegation its decision not to operate the 16 machines, made in 1927, before they were overhauled. In the legal action brought by the public prosecutor of the State of Sao Paulo against the company in which the deceased worker was employed, it was found that the workers of the company were exposed to serious and imminent risk to their lives, health and physical integrity, despite the fact that the administrative authorities had repeatedly given instructions for the numerous deficiencies to be remedied, particularly as concerns the outdated machinery, and reference was made to the expert opinion issued by the Maritime Labour Delegation of the State of Sao Paulo on 17 October 1986, which found that a series of machines was in a bad state of disrepair and that if they were used in such a state they were liable to cause physical harm to the workers, and that the company had taken no steps to take the oldest and most unsafe machinery out of operation. The organization also indicates that an additional port tax was instituted to finance the renewal of the machinery but is not being used for that purpose.

The Committee notes that the Government stated in its reply of 14 April 1993 to the above allegations that the Ministry of Labour was endeavouring to have a law on occupational safety and health in ports adopted. In a communication of 27 September 1993 the Government indicated that the obsolete machinery had been dismantled.

The Committee notes that in a communication of 5 November 1993, a copy of which was sent to the Government on 14 December 1993, the Trade Union of Dockers and the Ore-Handling Stevedores of the State of Espirito Santo alleged that in recent years there have been many accidents in the ports sector and they have caused the death and mutilation of numerous workers, that the situation remains unchanged, and that the Regional Labour Delegations state that they do not have specific legal machinery for supervising dock work. They therefore consider that a law on safety and health in dock work should be adopted and that it should be determined which authority is responsible for inspection in this sector. The Committee notes the Bill on safety and health in dock work, prepared by FUNDACENTRO, which the above Union enclosed with its comments.

Article 4 of the Convention provides that national laws or regulations shall prescribe that technical measures complying with Part III of the Convention be taken as regards dock work with a view to providing and maintaining workplaces, equipment and methods of work that are safe and without risk of injury to health, and Articles 21 to 25 (Part III of the Convention) prescribe periodical examinations, the issuing of certificates and the keeping of records in respect of lifting appliances and items of loose gear.

The comments made by the two organizations referred to above indicate that there are serious shortcomings in both law and practice as regards the protection prescribed by the Convention for dockworkers. Both organizations are of the opinion that specific measures must be adopted to protect the health and safety of workers in the ports sector and that the lack of such measures has meant that there is no effective inspection and has led to serious and even fatal accidents among workers in the sector. The Committee hopes that the Government will take the necessary measures promptly to adopt provisions that give effect to the Convention and set up an effective system of ports' inspection to enforce them, in order to protect the health and safety of dockworkers. In this connection, the Committee asks the Government to report on developments in the adoption of the Bill on occupational safety and health in dock work prepared by FUNDACENTRO.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee takes note with interest of the information communicated by the Government in its first report on the application of the Convention.

The Committee takes note of the letter, under the date of 13 January 1993, sent by the Crane, Fork-lift, and Other Maritime and River Ports and Terminals Cargo Handling Machinery and Equipment Operators' Union of the State of Sao Paulo which refers to the questions concerning the application of the Convention. The copy of this letter was sent to the Government on 10 February 1993 in order that it might provide the comments which it considers pertinent.

[The Government is asked to report for the period ending 30 June 1993.]