Occupational Safety and Health Convention, 1981 (No. 155) - Cabo Verde (Ratification: 2000)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Articles 4 and 8 of the Convention. Implementation and periodic review of the national policy on occupational safety and health. Consultation with the most representative organisations of employers and workers. The Committee notes, from the Government’s report, the various occupational safety and health (OSH) awareness-raising activities organized by the General Labour Inspectorate and the fact that employers’ and workers’ organizations, in addition to being invited to participate in these activities, also take part in the discussions organized within the Council for Social Dialogue. The Committee also notes the Government’s indications that the Tripartite OSH Commission, which, under Council of Ministers Resolution No. 20/2014 of 14 March 2014, is responsible for overseeing the implementation of the national OSH policy and periodically proposing amendments, has not met and the national OSH policy has therefore not been revised. The Committee requests the Government to indicate any measures taken or envisaged to reactivate the Tripartite OSH Commission and to provide information on the frequency of the review of the national OSH policy, as well as any steps taken or envisaged to conduct the review.

Articles 11(a) and (b) and 12. Obligation of the competent authorities to ensure that certain functions are carried out progressively. Responsibilities of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee notes the Government’s indication that the work of the General Labour Inspectorate is hampered not only by a lack of technical standards on the use of certain equipment, machinery and substances, but also by the fact that there is no body responsible for certifying machinery and equipment or even to assess skills for the use of certain equipment. In addition, the Committee notes that, according to the Government, the lack of regulation is particularly marked in the construction sector, which remains very informal, and that efforts have been made to regulate several sectors of activity by adopting technical standards on OSH. The Committee requests the Government to continue its efforts to adopt technical standards to give effect to Articles 11(a) and (b) and 12 of the Convention and requests it to continue to provide information in this regard.

Article 11(f). Development of systems to examine chemical, physical and biological agents. Noting the absence of new information in this respect, the Committee once again requests the Government to provide information on the measures taken or envisaged to develop systems for examining chemical, physical and biological agents in respect of the risk to the health of workers.

Article 20. Cooperation between management and workers and/or their representatives in the enterprise. In response to the Committee’s previous comment, the Government indicates that the General Labour Inspectorate is carrying out awareness-raising activities on the importance of collaboration and compliance with occupational safety standards. The Government further indicates that the Inspectorate has also signed an agreement with Infraestruturas de Cabo Verde (Cabo Verde Infrastructure), the body responsible for managing all public works, which is aimed at developing mechanisms for the effective implementation of the general rules on planning, organization and coordination with a view to promoting occupational safety, hygiene and health at public works construction sites. The Committee requests the Government to continue to provide specific examples of cooperation between employers and workers in the area of OSH, particularly in sectors other than public works construction sites.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 11(e) of the Convention. Annual publication of information on measures taken in pursuance of the national policy and application of the Convention in practice. The Committee notes the detailed information included with the Government’s report on occupational accidents between 2017 and 2021. The Committee notes with concernthe recent increase in the number of occupational accidents: from 238 in 2019 (of which 5 were fatal) to 782 in 2020 (of which 9 were fatal) and 1,112 in 2021 (of which 3 were fatal). The Committee also notes that, as the Tripartite OSH Commission is not functioning, the Commission has not been able to make public the results obtained with regard to the National OSH Policy. The Committee also notes that, while hospitals are required to collect and report to the General Labour Inspectorate data on the diagnosis of occupational diseases, the reports of the labour inspection offices do not contain statistics on this subject. Noting the increase in the number of occupational accidents, the Committee urges the Government to take all necessary steps to strengthen preventive OSH measures and to provide information on the reasons for this increase. In addition, it requests the Government to provide information on any measures taken or envisaged to ensure the annual publication of information on the measures taken under the National OSH Policy. With regard to occupational diseases, the Committee refers to its comment in relation to the Labour Inspection Convention, 1947 (No. 81), on the elements to be included in the reports of the labour inspectorate.

Articles 13 and 19(f). Protection of workers who have removed themselves from situations presenting an imminent and serious danger. In response to the Committee’s previous comment, the Government indicates that Decree-Laws Nos 55/99 and 64/2010 set out the OSH obligations of the different stakeholders and that the General Labour Inspectorate, which has carried out several awareness-raising activities on OSH, is obliged to verify compliance with these provisions. In addition, the Committee notes the Government’s indication that the labour inspection services have the power to suspend the activities of any enterprise that endangers the safety and health of workers and reserve the right to impose a fine. The Committee notes that while section 241 of the Labour Code provides that workers may terminate the employment relationship in the event of a serious threat to their health or physical integrity and receive compensation, there is no provision for the protection of workers who have withdrawn from a work situation which they had reasonable cause to believe presented an imminent and serious danger to their life or health, as required by Articles 13 and 19(f) of the Convention. The Committee reiterates its request to the Government to give effect to the above-mentioned Articles of the Convention and to provide information on any progress made in this regard.

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

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 6 of the Convention. Respective functions and responsibilities of public authorities, employers, workers and others concerned as envisaged in the National OSH Policy. With reference to its previous request for information on the effect given to this Article, the Committee notes that the National Occupational Safety and Health (OSH) Policy adopted on 14 March 2014 by Resolution No. 20/2014 of the Council of Ministers provides that it will be given effect through the continuous articulation of Government action in the fields of industrial relations, production, consumption, the environment and health, with the participation of the representative organizations of workers and employers. The Government indicates in its report that the National OSH Policy sets out the responsibilities of the Ministries which are responsible respectively for matters relating to health and labour and that it also provides for the representation of employers’ and workers’ organizations on the Tripartite OSH Commission, which has the mandate to follow up the implementation and propose the review of the National OSH Policy. The Committee takes note of this information.

Article 10. Provision of guidance to employers and workers. With reference to the measures adopted to give effect to this Article, the Committee notes that the Government refers to section 12 of the conditions of service of the General Labour Inspectorate (IGT) adopted by Legislative Decree No. 13/2012, under the terms of which the IGT is empowered to engage in educational and guidance activities by providing managers, employers and workers with technical information and advice on the most effective manner of complying with the legislation. The Government adds that the IGT gives priority to preventive and educational measures, by informing and advising employers on best practices to improve working conditions in accordance with the legislation in force, and provides examples of the various activities organized by the IGT for the purposes of information and awareness raising on OSH. The Committee also notes that, under section 79 of Legislative Decree No. 55/99, the person with responsibility for safety and health matters at the enterprise level has to inform workers of the instructions to be followed in this field (subsection (c)) and promote the awareness of workers in relation to health and safety matters (subsection (d)). The Committee takes note of this information.

Article 11. Obligation of the competent authorities to ensure that certain functions are carried out progressively. In its previous comment, the Committee requested the Government to provide information on the measures taken to ensure that the functions set out in clauses (a) (the determination, where the nature and degree of hazards so require, of conditions governing the design, construction and layout of undertakings, the commencement of their operations, alterations, the safety of technical equipment used at work and the procedures defined), (b) (the determination of work processes and of substances and agents the exposure to which is to be prohibited, limited or made subject to authorization by the competent authority), (e) (the publication annually of information on measures taken in pursuance of the National OSH Policy and on occupational accidents, occupational diseases and other injuries to health which arise in the course of or in connection with work) and (f) (the introduction or extension of systems to examine chemical, physical and biological agents in respect of the risk to the health of workers). With regard to clause (e), the Committee notes the Government’s indications that the statutes of the IGT provide for the preparation of annual reports on the work of the inspection services. The Committee notes that, among its activities, the IGT receives notification of industrial accidents and occupational diseases from employers and insurance companies and is responsible for investigating industrial accidents. The Committee also notes that, under the terms of Resolution No. 20/2014 referred to above, the executive committee, the functions of which include coordinating and supervising the implementation of the National OSH Policy and the national OSH plan, is responsible for preparing an annual report on the activities undertaken within the framework of the national OSH plan, which it transmits to the Tripartite OSH Commission, and the Tripartite Commission is responsible for making public the results achieved in relation to the National OSH Policy and the national OSH plan. The Committee also notes that no information has been provided in relation to the effect given to clauses (a), (b) and (f) of Article 11. The Committee requests the Government to provide additional information on the measures adopted or envisaged to ensure the publication annually, by the Tripartite OSH Commission, among others, of information on the implementation of the National OSH Policy. It also requests it to provide information on the measures adopted or envisaged to give effect to clauses (a), (b) and (f) of Article 11 of the Convention.

Article 12. Responsibilities of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee notes the Government’s indication that the national legislation has not yet established the responsibilities set out in Article 12. The Committee requests the Government to take the necessary measures to give effect to Article 12 and to provide information on this subject.

Article 15. Coordination between institutions. In its previous comments, the Committee requested the Government to provide information on the coordination mechanisms that are in place to ensure the coherence of the National OSH Policy. The Committee notes that the National OSH Policy gives effect to this provision, particularly by envisaging such coordination through the Tripartite OSH Commission and the executive committee. The Committee takes note of this information.

Article 20. Cooperation between management and workers and/or their representatives in the enterprise. The Committee once again requests the Government to provide information on the measures adopted or envisaged to ensure cooperation between employers and workers and/or their representatives in the enterprise.

Article 21. Implementation of occupational safety and health measures without any expenditure for the workers. The Committee notes the Government’s indication that, under the terms of sections 4 and 5 of Legislative Decree No. 55/99, and in the light of the National OSH Policy, OSH measures do not involve any expenditure for the workers. The Committee notes this information.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 4 of the Convention. Formulation, implementation and periodic review of a coherent national policy on occupational safety, occupational health and the working environment. Consultation with the most representative organizations of employers and workers. Article 8. Measures to give effect to the national policy. In its previous comment, the Committee noted the participation of the country in an ILO technical assistance programme, including the organization of a tripartite workshop in August 2013 with the objective of developing a national policy. It noted that, following the workshop, a national occupational safety and health (OSH) profile was developed and the principle elements of the national policy identified. The Committee notes with satisfaction the information provided by the Government in its report that the National Occupational Safety and Health Policy was unanimously approved by the Social Dialogue Council and adopted by Resolution No. 20/2014 of 14 March 2014 of the Council of Ministers. The objective of the National Policy is to promote and maintain at the national level the highest level of physical, mental and social well-being of workers in all occupations and professions and to prevent accidents and health effects which are the consequence of work or are related to work, or occur during work, with a view to reducing to a minimum, in so far as is reasonably possible, the causes of risks inherent in the working environment. The Committee notes that Resolution No. 20/2014 also establishes a Tripartite Occupational Safety and Health Commission responsible for following up the implementation of the National Policy and periodically proposing its revision, within the framework of a continuous improvement process. The Resolution also provides that an executive committee, composed of two representatives of the Ministry responsible for labour matters and two representatives of the Ministry responsible for health matters, is responsible for coordinating and supervising the implementation of the National Policy and the national OSH plan. The Committee requests the Government to provide information on the measures taken by the Tripartite Occupational Safety and Health Committee in the context of the implementation of the National Policy, and the frequency envisaged for the review of the National Policy.

Articles 13 and 19(f). Protection of workers who have removed themselves from situations presenting an imminent and serious danger. In its previous comment, the Committee noted the Government’s indications that the legal framework still needed to be adopted to give full effect to these Articles. However, the Committee notes that the Government limits itself in its report to referring to section 241(1)(e), (3) and (4) of the Labour Code, which authorize workers to terminate the employment relationship, particularly in cases of serious risks to their health or threats to their safety. In such cases, workers are entitled to compensation calculated on the basis of their years of service. The Committee observes that these provisions do not specifically cover the requirements set out in Articles 13 and 19(f) of the Convention. The Committee once again requests the Government to give effect to these Articles of the Convention and to provide information on this subject.

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

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

Article 4(1) and (2) of the Convention. National policy on occupational safety and health and the working environment. Consultation with the most representative organizations of employers and workers. Technical assistance. The Committee notes the Government’s report in which it indicates that Cabo Verde participated in the technical assistance programme financed by the Special Account Programme (SPA). In this context, it notes that a tripartite workshop was held in Praia from 20 to 23 August 2013 with the assistance of the Office. The purpose of the assistance provided by the Office was to examine the law and practice with a view to identifying obstacles and difficulties for the implementation of a national policy on occupational safety and health (OSH), and the components of this policy, and to establish a roadmap for its adoption and implementation. To this end, a national safety and health profile was compiled in advance and approved by the tripartite workshop. The profile was prepared taking into account Part IV of the Promotional Framework for Occupational Safety and Health Recommendation, 2006 (No. 197), and the Committee’s comments. The Committee notes with interest that, on the basis of this profile, the main components that are to be incorporated into the future national policy have been identified, and a roadmap has been proposed to the Government by the tripartite members. The Government expressed its willingness to submit a draft national OSH policy to the tripartite constituents before the end of 2013. The Committee notes that the workshop provided an opportunity for current gaps and inadequacies to be identified, particularly the lack of human resources in the General Directorate of Labour and in other bodies responsible for OSH, including an absence of occupational doctors in state structures. The tripartite workshop also indicated the need to improve coordination of state bodies that have responsibilities for OSH. The Committee would be grateful if the Government would provide information on the specific actions taken by the Government on these various proposals and the progress of their implementation.

Article 11(a)–(f). Obligation of the competent authorities to ensure that certain functions are progressively carried out. The Committee notes that, according to the Government’s report, inspectors currently conduct inquiries in cases of fatal accidents. The Government indicates that these inquiries should be supplemented by more effective means. In view of the lack of material and human resources for the compilation and processing of data in the field of occupational accidents and diseases, it is not yet possible for the labour administration to process this data properly, as emphasized in the national profile on OSH. The adoption of the national OSH policy should ensure compliance with Article 11 of the Convention, and particularly with subparagraphs (a), (b), (e) and (f). The Committee notes that the national profile provided the basis for an assessment of the OSH situation and the identification of the system’s weaknesses. In order that these activities produce the desired results, the Committee hopes that the Government will take the necessary measures to ensure that the functions described in clauses (a), (b), (e) and (f) are progressively carried out, and that it will provide the relevant information in its next report.

Articles 13 and 19(f). Protection of workers who have removed themselves from situations presenting an imminent and serious danger. The Committee notes the Government’s indications that the legal framework will have to be adapted to give full effect to Articles 13 and 19(f) of the Convention. The Committee requests the Government to give effect to these Articles of the Convention as soon as possible and to provide information on this subject.

The Committee also requests the Government to provide the information requested in its last comment regarding the following provisions: Article 6. Respective functions and responsibilities; Article 8. Measures intended to give effect to the national OSH policy. Legislation; Article 12 (a)–(c). Responsibility of those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use; Article 15. Institutional coordination; Article 21. Implementation of OSH measures at no expenditure for the workers; Articles 10 and 20. Guidance to employers and workers. Cooperation between management and workers and/or their representatives within the undertaking.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee has been informed that technical assistance from the Office, aimed at ensuring an effective follow-up to its comments on the application of the Convention, is currently in progress. The Committee hopes that this technical assistance will enable the Government to improve its application of the Convention, and asks the Government to provide detailed information in its next report on the outcome of this technical assistance.

Article 4(1) and (2) of the Convention. Obligation to formulate, implement and periodically review a coherent national policy on occupational safety and health and the working environment. Consultation of the most representative organizations of employers and workers. Principle of prevention. Article 5. Spheres of action of the policy. Article 7. Review of the situation regarding occupational safety and health and the working environment at appropriate intervals. The Committee has been informed that the Government is in the process of formulating a national policy on occupational safety and health (OSH). The Committee notes the Government’s indication in its report of the need to reinforce mechanisms to promote ongoing improvements in the national OSH system and to set up a competent body to formulate, analyse and periodically review a coherent national policy in this sphere. It also notes that the Labour Consultation Council (CCS) is a tripartite advisory body responsible for the harmonization of policies in the areas of economic and social issues, employment, labour relations, wages and dialogue between the State, employers and workers. The CCS meets twice a year. With reference to its 2009 General Survey on occupational safety and health (paragraphs 54–59), the Committee recalls that under this article the State, in consultation with the most representative employers’ and workers’ organizations, must formulate, implement and periodically review a coherent national policy in this sphere. This presupposes an ongoing process of implementation and periodic review, in consultation with the social partners, in order to evaluate its application in practice and identify areas for future improvement. The review of national policy provided for in Article 4 must comprise a factual review of the national situation as provided for in Article 7 (paragraphs 76–78) of the General Survey). The Committee also emphasizes the need to take into account the five spheres of action described in Article 5 of the Convention in the formulation of policy. The Committee requests the Government to supply details of the new policy and provide information on any progress made with regard to the mechanisms for formulating, implementing and reviewing national policy.

Article 6. Respective functions and responsibilities. The Committee notes the legislation communicated by the Government, namely: Legislative Decree No. 58/78 of 15 July 1978, as well as Legislative Decree No. 84/78, Legislative Decree No. 86/78 and Directive No. 61/78 of 22 September 1978. However, it notes that these texts do not provide the information referred to in this Article of the Convention. The Committee requests the Government to indicate the respective functions and responsibilities in respect of occupational safety and health and the working environment of public authorities, employers, workers, and other interested parties.

Article 8. Measures intended to give effect to the national OSH policy. Legislation. The Committee notes with interest section 139 of the Labour Code, which provides that the Government shall define by special decree, after consultation with the employers and the competent trade unions, health and safety standards applicable to various sectors of activity, and the adoption of Legislative Decree No. 64/2010 of 27 December 2010 concerning health and safety on temporary or mobile construction sites. The Committee requests the Government to continue to supply information on the measures taken to give effect to the national policy, in consultation with the representative employers’ and workers’ organizations concerned.

Article 9(1) and (2). Activities and functioning of an adequate and appropriate system of inspection. The Committee notes the information provided by the Government in relation to its comments on the application of this Article. The Committee notes in particular the Government’s indication that the inspection team has been reinforced by the arrival of 13 inspectors who have duly received initial training in OSH. The Committee also notes Legislative Decree No. 13-2012 of 4 May 2012 approving the internal regulations of the labour inspectorate. The Committee will take account of this information in the context of its comments relating to the application of the Labour Inspection Convention, 1947 (No. 81).

Article 11(a)–(f). Obligation of the competent authorities to ensure that certain functions are progressively carried out. The Committee notes sections 17–18 of the internal regulations of the labour inspectorate, which establish the procedure for the notification of occupational accidents and diseases and the drawing up of statistics, in accordance with Article 11(c) of the Convention. It also notes section 31(2)(c) of the regulations, which covers the holding of inquiries into occupational accidents, thereby giving partial effect to Article 11(d). The Committee requests the Government to provide information on the holding of inquiries where cases of occupational disease or any other injuries to health which arise in the course of or in connection with work appear to reflect situations which are serious (Article 11(d)). It also requests the Government to provide information on the efforts made to ensure that the functions described in clauses (a), (b), (e) and (f) are progressively carried out.

Article 12(a)–(c). Responsibility of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee notes Legislative Decree No. 28/87 of 20 May 1987 and Directives Nos 63/97 and 64/97 of 15 September 1997, which regulate the import and marketing of plant health products and are based on the implementation of the International Code of Conduct for the distribution and use of pesticides of the United Nations Food and Agriculture Organization (FAO). The Committee requests the Government to continue to provide information on the application of Article 12 in law and in practice.

Articles 13 and 19(f). Protection of workers who have removed themselves from situations presenting an imminent and serious danger. The Committee notes the Government’s reference to section 241(1)(e) of the Labour Code in relation to the application of Article 13 of the Convention. According to this provision of the Labour Code, in the event of imminent and serious danger, the worker has the right to consider himself dismissed and entitled to compensation provided for in section 238. The Committee emphasizes that this provision does not give full effect to Article 13 of the Convention. Article 13 of the Convention applies to situations which are not permanent (imminent danger); the Government is required to give legal effect to this Article of the Convention and employers are required to rectify the situation. The Committee refers to paragraphs 26 and 145–152 of its 2009 General Survey on the Convention. Paragraph 145 states as follows: “Article 13 requires, in accordance with national conditions and practice, the protection of workers against “undue consequences” for removing themselves from a work situation if they have “reasonable justification to believe” that it presents “an imminent and serious danger” to their life or health. Article 19(f) complements this provision. It prescribes that the arrangements that should be in place at the workplace should include arrangements according to which workers must report “forthwith” to their “immediate supervisor” any such situations representing imminent and serious dangers. Article 19(f) also provides that the employer cannot require workers to return to a work situation where there is a continuing imminent danger until the employer has taken remedial action, if necessary. Articles 13 and 19(f) read with Article 5(e) mean that no disciplinary action can be taken against workers who remove themselves from work if the following conditions are met: (a) the workers concerned have a reasonable justification to believe that there is an imminent and serious danger to their life or health; (b) they comply with the workplace arrangements contemplated in Article 19(f); and (c) the actions by the workers have been properly taken in conformity with the national policy pursuant to Article 4.” The Committee requests the Government to take the necessary steps to give effect to Articles 13 and 19(f) of the Convention and to supply information in this respect.

Article 15. Coordination between institutions. The Committee notes that the Government has not supplied any information on the application of this Article of the Convention. The Committee recalls that systems for coordination and cooperation between the various authorities and bodies responsible for the administration of the national OSH system are necessary to ensure the coherence of action at all levels and to facilitate the transmission of information and access to it. The Government may find more detailed information on coordination in Paragraph 7 of the Occupational Safety and Health Recommendation, 1981 (No. 164), and in paragraphs 84–89 of the 2009 General Survey on the Convention. The Committee requests the Government to supply information on the coordination mechanisms that are in place.

Article 21. Occupational safety and health measures to be provided at no cost to the workers. The Committee notes the information provided by the Government in relation to its comments on the application of this Article.

Article 10. Guidance for employers and workers. Article 20. Cooperation between management and workers and/or their representatives within the undertaking. The Committee refers to its previous comments and requests the Government to supply information on the application of these Articles in law and in practice.

[The Government is asked to reply in detail to the present comments in 2013.]

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

The Committee notes that the information provided in the Government’s report submitted on 1 April 2010 did not include a reply to the Committee’s previous comments and the Government has not replied to the invitation by the Office of 13 July 2010 to complement the information submitted. The Committee hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the Government’s reports received in 2003 and 2005 and the information they contain. The Committee requests the Government to submit additional information on the following points.

Article 4(1) of the Convention. Bodies and procedures at national level created for the purpose of formulating, implementing and periodically reviewing a coherent national policy. The Committee notes the Government’s reference to a permanent monitoring system set up for the implementation and a review of the national policy on occupational safety, occupational health and the working environment, without providing further details as to its composition and activities. The Committee requests the Government to indicate the competent authorities as well as the most representative organizations of employers and workers that participate in the mentioned monitoring system to ensure the formulation, implementation and a periodical review of the national policy.

Article 6. Institutional functional distribution. The Committee notes the Government’s reference to several legal and regulatory instruments containing measures to give effect to this Article, including Decree No. 58/78 of 15 July 1978, Decree No. 84/78 of 22 September 1978 as amended to Decree No. 6/87 of 14 February 1978, Decree No. 86/78 of 1978 and Portaria Order No. 61/78. In order to make full assessment of the application of this provision of the Convention, the Committee requests the Government to supply copies of the mentioned texts, and any other relevant legislation, with its next report.

Article 9(1) and (2). Activities and functioning of an adequate and appropriate system of inspection. The Committee notes the Government’s references to technical and financial constraints experienced by the inspection services have and the reported lack of training for specialists. In addition to the present Article of the Convention, which requires the Government to secure the enforcement of laws and regulations concerning occupational safety and health by an adequate and appropriate system of inspection, the Committee refers to its 2005 observation made on the application of the Labour Inspection Convention, 1947 (No. 81), in which reference is made to the negative impact of technical and financial constraints on the capacity for the functioning of the labour inspection system. The Committee requests the Government to provide further information on how laws and regulations concerning occupational safety and health and the working environment are enforced through the work of the labour inspection system in the country, and to provide further details on the outcome of the work of these services.

Article 20. Cooperation between management and workers and/or their representatives within the undertaking. With reference to the Government’s intention to design relevant measures to ensure an appropriate cooperation between management and workers and/or their representatives within the undertaking, the Committee expresses the hope that such measures will soon be adopted and requests the Government to communicate all information on progress achieved with this respect.

Article 11. Provisions containing obligation of the competent authorities to carry out functions indicated in subparagraphs (a)–(f). The Committee notes that the report is silent on efforts made to ensure that the functions enumerated in subparagraphs (a)–(f) in the present Article are progressively carried out. The Committee requests the Government to provide information on efforts made in this respect.

As further detailed in the following, the Committee notes that the relevant legislation does not seem to contain provisions giving effect or full effect to some of the provisions of the Convention. The Government is requested to submit further information and clarifications as to whether and in what way effect has been given, or is envisaged to be given, to the following provisions of the Convention:

–      Article 5(a), (b), (d) and (e). Scope of the national policy. The present Article specifies five main areas that the national policy on occupational safety and health should cover. In its report, the Government refers only to action taken with respect to the areas of action covered by subparagraph (c) – training. Further information is required on actions taken in the other four areas;

–      Article 7. Review of the OSH situation. Article 15. Institutional coordination. Further information is needed on the arrangements made to ensure that the situation with regards to occupational safety and health in the country is reviewed at appropriate intervals, which permits the taking of appropriate and targeted measures to improve the situation and the arrangements to ensure the necessary institutional coordination.

–      Article 8. Implementation of national policy through laws and regulations. Further information is needed as to whether specific safety and hygiene standards for different sectors have been adopted pursuant to Decree No. 62/87 of 30 June 1987;

–      Article 10. Providing guidance to employers and workers. Information is needed on measures taken to give effect this requirement;

–      Article 12. Responsibilities for “third persons”. The report is silent as to provisions establishing the responsibility for the persons concerned to ensure that the occupational use of machinery, equipment or substance does not endanger workers’ safety and health and that information concerning the correct use of machinery, equipment and substances is made available;

–      Article 13. Right to removal from situations representing imminent and serious danger. Article 19(f). Obligation to report on situations representing imminent and serious danger. Further information is needed on the relevant legal provisions giving effect to these provisions;

–      Article 21. Occupational safety and health measures to be provided at no cost to the workers. Clarifications required as to effect given to this Article.

Part IV of the report form. Practical application of the Convention. Please give a general appreciation of the manner in which the Convention is applied in the practice, including extracts from the reports of inspection services and the information on the number of employed persons covered by the relevant legislation and the number and nature of contraventions reported, etc.

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

1. The Committee notes the information contained in the Government’s reports.

2. Article 4, paragraph 1, of the Convention. Bodies and procedures at national level created for the purpose of formulating, implementing and periodically reviewing a coherent national policy. The Committee notes the Government’s reference to a permanent monitoring system set up for the implementation and a review of the national policy on occupational safety, occupational health and the working environment, without providing further details as to its composition and activities. The Committee requests the Government to indicate the competent authorities as well as the most representative organizations of employers and workers that participate in the mentioned monitoring system to ensure the formulation, implementation and a periodical review of the national policy. It also asks the Government to provide detailed information on the adopted national policy.

3. Article 6. Institutional functional distribution. The Committee notes the Government’s reference to several legal and regulatory instruments containing measures to give effect to this Article, including Decree No. 58/78 of 15 July 1978, Decree No. 84/78 of 22 September 1978 as amended to Decree No. 6/87 of 14 February 1978, Decree No. 86/78 of 1978 and Portaria Order No. 61/78. In order to make full assessment of the application of this provision of the Convention, the Committee requests the Government to supply copies of the mentioned texts, and any other relevant legislation, with its next report.

4. Article 9, paragraphs 1 and 2. Activities and functioning of an adequate and appropriate system of inspection. The Committee notes the Government’s references to technical and financial constraints experienced by the inspection services and the reported lack of training for specialists. In addition to the present Article of the Convention, which requires the Government to secure the enforcement of laws and regulations concerning occupational safety and health by an adequate and appropriate system of inspection, the Committee refers to its 2005 observation made on the application of the Labour Inspection Convention, 1947 (No. 81), in which reference is made to the negative impact of technical and financial constraints on the capacity for the functioning of the labour inspection system. The Committee requests the Government to provide further information on how laws and regulations concerning occupational safety and health and the working environment are enforced through the work of the labour inspection system in the country, and to provide further details on the outcome of the work of these services.

5. Article 20. Cooperation between management and workers and/or their representatives within the undertaking. With reference to the Government’s intention to design relevant measures to ensure an appropriate cooperation between management and workers and/or their representatives within the undertaking, the Committee expresses the hope that such measures will soon be adopted and requests the Government to communicate all information on progress achieved with this respect.

6. Article 11. Provisions containing obligation of the competent authorities to carry out functions indicated in subparagraphs (a) to (f). The Committee notes that the report is silent on efforts made to ensure that the functions enumerated in subparagraphs (a) to (f) in the present Article are progressively carried out. The Committee requests the Government to provide information on efforts made in this respect.

7. As further detailed in the following, the Committee notes that the relevant legislation does not seem to contain provisions giving effect or full effect to some of the provisions of the Convention. The Government is requested to submit further information and clarifications as to whether, and in what way, effect has been given, or is envisaged to be given, to the following provisions of the Convention:

–         Article 5(a), (b), (d) and (e). Scope of the national policy. The present article specifies five main areas that the national policy on occupational safety and health should cover. In its report, the Government refers only to action taken with respect to the areas of action covered by subparagraph (c) –training. Further information is required on actions taken in the other four areas;

–         Article 7 (Review of the OSH situation) and Article 15 (Institutional coordination). Further information is needed on the arrangements made to ensure that the situation with regards to occupational safety and health in the country is reviewed at appropriate intervals, which permits the taking of appropriate and targeted measures to improve the situation and the arrangements to ensure the necessary institutional coordination.

–         Article 8. Implementation of national policy through laws and regulations. Further information is needed as to whether specific safety and hygiene standards for different sectors have been adopted pursuant to Decree No. 62/87 of 30 June 1987;

–         Article 10. Providing guidance to employers and workers. Information is needed on measures taken to give effect this requirement;

–         Article 12. Responsibilities for “third persons”. The report is silent as to provisions establishing the responsibility for the persons concerned to ensure that the occupational use of machinery, equipment or substance does not endanger workers’ safety and health and that information concerning the correct use of machinery, equipment and substances is made available;

–         Article 13 (Right to removal from situations representing imminent and serious danger) and Article 19, subparagraph (f) (Obligation to report on  situations representing imminent and serious danger). Further information is needed on the relevant legal provisions giving effect to these provisions;

–         Article 21. Occupational safety and health measures to be provided at no cost to the workers. Clarifications required as to effect given to this Article.

8. Part IV of the report form. Practical application of the Convention. Please give a general appreciation of the manner in which the Convention is applied in practice, including extracts from the reports of inspection services and the information on the number of employed persons covered by the relevant legislation and the number and nature of contraventions reported, etc.