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

Further to its previous comments, the Committee notes the Government's reply to the observations made by the Union of Chemical Industry Workers of ABC and the observations from the Union of Workers of the Food Industries of Jundiaí, Cajamar, Campo Limpo Paulista, Louveira, Itupeva, Várzea Paulista and Vinhedo, the Union of Workers of the Print Industries of Jundiaí and the Union of Workers of the Mechanical and Electrical Material Industries of Jundiaí, Várzea Paulista and Campo Limpo Paulista.

1. The Committee noted the observations made by the Union of Workers of the Chemical, Petrochemical, Pharmaceutical, Paints and Varnishes, Plastics, Synthetic Resins, Explosives and Similar Industries of ABC and its affiliate, the Association of Workers Occupationally Contaminated by Organo-chlorates, in communications dated 31 August and 14 November 1995, and 16 April 1996. According to the above organizations, since 1976 two factories in the Cubatao region, one of which produced sodium pentachlorophenate ("penta") and the other carbon tetrachlorate and perchloroethylene ("tetraper"), caused irreversible damage to the health of their workers and to the local environment by their production methods and toxic wastes.

In its reply, the Government refers to the court decision of 4 June 1993 concerning the ban on the activity of the Chemical Unit of Cubatao, on the grounds that it was harmful to workers and the environment. The Government states that, on 14 June 1995, an agreement was signed by the public authority of the State of Sao Paulo the Union of Workers of the Chemical, Petrochemical and Pharmaceutical Industries and the enterprise in question, setting out environmental obligations, provisions on health and provisions for the compensation of the damage incurred, environmental rehabilitation and medical supervision of the workers employed in the Cubatáo Chemical Unit. Compliance with the agreement will be supervised by the public authority and by the Union of Workers of the Chemical, Petrochemical and Pharmaceutical Industries as regards the health of the workers. In this connection, following the ban on the activity of the enterprise, the employees continue in paid unemployment.

The Committee asks the Government to provide information on the implementation of the tripartite agreement as regards health and safety measures for the workers, including the compensation measures.

2. In observations of 22 May 1997, communicated to the Government, the Union of Workers of the Food Industries of Jundiaí, Cajamar, Campo Limpo Paulista, Louveira, Itupeva, Várzea Paulista and Vinhedo, the Union of Workers of the Print Industries of Jundiaí and the Union of Workers of the Mechanical and Electrical Material Industries of Jundiaí, Várzea Paulista and Campo Limpo Paulista state that there has been a significant increase in the total number of occupational accidents, including fatal accidents, citing press reports (which state that the number of accidents increased by 26.8 per cent in 1995). The above organizations state that a number of enterprises lack the right attitude to guarantee occupational safety and health (according to an estimate by doctors and experts specializing in accidents, cited by the Union, the enterprises are responsible for 70 per cent of the accidents).

In the absence of a reply from the Government on this matter, the Committee asks it to indicate the measures adopted to ensure the application of Article 16 of the Convention.

3. Article 9. The Committee notes that, in their observations, the above-mentioned organizations allege a lack of efficiency in the system of inspection which, under paragraph 1 of this Article must be adequate and appropriate to enforce laws and regulations concerning occupational safety and health and the working environment. The above-mentioned organizations contend that the sanctions for breaches of the laws and regulations laid down in section 19 of Decree No. 55.841 of 15 March 1965 as amended by Decree No. 97.995 of 26 July 1989, which, according to Article 9, paragraph 2, of the Convention must be adequate, are not always applied by inspectors.

The Committee asks the Government to provide information on the functioning of the inspection services responsible for enforcing laws and regulations concerning occupational safety and health and the working environment, and on the enforcement of the sanctions established for breaches of the legislation.