Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comments: C.45, C.115, C.120, C.127, C.139 direct request and observation, C.148, C.155 and its Protocol of 2002, C.162 direct request and observation, C.176, C.184 and C.187

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 45 (underground work (women)), 115 (radiation), 120 (hygiene (commerce and offices)), 127 (maximum weight), 139 (occupational cancer), 148 (air pollution, noise and vibration), 155 and its 2002 Protocol (OSH), 162 (asbestos), 176 (safety and health in mines), 184 (safety and health in agriculture) and 187 (promotional framework for OSH) together.

The Committee notes the observations of the General Confederation of Portuguese Workers - National Trade Unions (CGTP-IN) and the General Workers’ Union (UGT) on Conventions Nos 115, 120, 127, 139, 148, 155, 162, 176, 184 and 187 and the observations of Confederation of Portuguese Business (CIP) on Conventions Nos 45, 155, 176 and 187.

Application of Conventions Nos 115, 120, 127, 139, 148, 155, 162, 176, 184 and 187 in practice. Measures to prevent occupational accidents and diseases. The Committee notes the comprehensive general and sectoral information provided by the Government in its reports regarding the application in practice of the OSH Conventions, including the number of inspection visits carried out, infringements detected, measures ordered to remedy the infringements and the number of occupational accidents and diseases reported from 2015 to 2021.

It also notes the information provided by the Government and the UGT on the National Strategy to Fight Cancer 2021–30, as well as on the awareness-raising campaigns carried out on protection against specific risks, such as the 2020–22 campaign on safe manual handling of loads to prevent musculoskeletal disorders.

Moreover, it notes the observations of the CGTP-IN and the UGT on the application in practice of Convention No. 120, alleging that musculoskeletal injuries are very frequent in the commerce and office sectors due to non-ergonomic workstations, as well as the observations of the UGT on the application of Convention No. 127, alleging an increase of musculoskeletal injuries due to manual handling of loads. The Committee requests the Government to continue to provide information on the application in practice of the ratified OSH Conventions, including the number, nature and cause of occupational accidents and diseases reported, as well as information on inspection activities conducted, violations detected, and sanctions imposed. It requests the Government to provide further information on the measures taken to: (i) implement Article 11 of Convention No. 120 on the arrangement of workstations; and (ii) ensure that no worker is permitted to engage in the manual transport of a load which is likely to jeopardise the worker’s health and safety, in accordance with Convention No. 127.

• General provisions

Occupational Safety and Health Convention, 1981 (No. 155), Protocol of 2002 to the Occupational Safety and Health Convention, 1981, and Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)

Articles 4 and 9 of Convention No. 155 and Articles 3 and 4(2)(c) of Convention No. 187. Enforcement system. 1. Adequate inspection strategy as part of the national OSH policy. Following its previous comments, the Committee notes the observations of the CGTP-IN and the UGT alleging that the deficiencies in the functioning of the Working Conditions Authority (ACT), which is the main body responsible for the implementation of the OSH strategies, do not allow for the achievement of the established objectives. The Committee once again requests the Government to provide information on the measures taken, in consultation with the most representative organizations of employers and workers, to ensure the effective enforcement of the legal provisions concerning OSH and the working environment.

2. Enforcement of laws and regulations concerning OSH and the working environment in the public sector. Further to its previous comment, the Committee notes the information provided by the Government on the amendments introduced to the General Law on Employment in Public Functions No. 35 of 2014 by Law No. 79 of 2019, whereby liability for non-compliance with the OSH rules set forth in the Labour Code (Law No. 7 of 2009) and complementary legislation is extended to public employers (section 16-E (1)) and the corresponding penalties are established (section 16-F). It also notes the information provided on the activities of the labour inspection services regarding OSH in the public sector from 2016 to 2021, including: (i) an increase in the number of inspection visits carried out (from 398 in 2016 to 606 in 2021); (ii) the number of infringements identified; and (iii) the number of orders issued, including orders for the suspension of work activities. The Committee notes this information, which responds to its previous comment.

Article 7 of Convention No. 155. Review of the situation regarding OSH and the working environment of the public security police. The Committee notes with regret that the Government has not provided any information on the measures taken to ensure the review of the situation regarding OSH and the working environment of the public security police. The Committee once again requests the Government to provide information on the measures taken to ensure the review, at appropriate intervals, of the situation regarding OSH and the working environment of the public security police, with a view to identifying major problems, evolving effective methods for dealing with them and priorities of action and evaluating results.

Articles 8, 16 and 20 of Convention No. 155. Laws and regulations giving effect to the national policy on OSH, responsibilities of employers and cooperation at the level of the undertaking. Further to its previous comment, the Committee notes that the OSH Law No. 102 of 2009, as amended, provides for (i) the obligation to consult workers and their representatives on measures taken by the employer to ensure OSH at the national and workplace levels (sections 8(1) and 18(1)); (ii) the employers’ responsibilities for workers’ safety and health in relation to workplaces, machinery, equipment and processes (section 15(2)(c)), chemical, physical and biological substances and agents (section 15(2)(f)), the provision of protective clothing and equipment (section 15(10)), as well as for (iii) cooperation between management and workers and their representatives in the undertaking (section 6(4)).

The Committee notes that the CGTP-IN reiterates its view that the amendments made to the OSH Law No. 102 of 2009, by Law No. 3 of 2014 weakened the protection of workers with respect to employers’ obligations on OSH. The Committee requests the Government to provide its comments in this respect.

Article 2(3) of Convention No. 187. Periodic consideration of measures that could be taken to ratify relevant OSH Conventions. Further to its previous comment, the Committee notes the Government’s indications that (i) the study on the feasibility of ratification of the Occupational Health Services Convention, 1985 (No. 161) has resumed after suspension during the COVID-19 pandemic; and (ii) further consultations with the social partners are being undertaken to update this study. The Committee requests the Government to continue to provide information on the consideration of measures that could be taken to ratify relevant OSH Conventions, including the progress made towards consideration of ratification of Convention No. 161 and the consultations held in this respect.

Article 4(3)(h) of Convention No. 187. Support mechanisms for the progressive improvement of OSH conditions in micro-enterprises, small and medium-sized enterprises and the informal economy. Further to its previous comment, the Committee notes the Government’s indications regarding the publication of tools on the ACT website to encourage small and medium-sized enterprises to assess OSH risks, and the development of OSH campaigns, including the dissemination of various information materials. The Committee requests the Government to continue to provide information on the support mechanisms established for a progressive improvement of OSH conditions in micro, small and medium-sized enterprises, as well as in the informal economy.

Article 5(1)(2) of Convention No. 187. Implementation, monitoring, evaluation and periodic review of the national OSH programme. Requirements. Further to its previous comment, the Committee notes the information provided by the Government on the results achieved under the National Occupational Health Programme 2018–20 (PNSOC 2018–20), including (i) the registration and analysis of notifications of biological risks; (ii) the issuance of licences for the practice of occupational medicine to duly trained professionals; (iii) the establishment of expert groups for the assessment of risks arising from carcinogenic agents; (iv) the provision of technical assistance for the drafting and revision of OSH legislation; (v) the development of seminars on protocols for monitoring workers’ health in relation to specific risks; and (vi) the establishment of recommendations on good OSH practices in the workplace, in close coordination with trade unions and professional associations.

The Government further indicates that the development of a model for the health surveillance of workers through the units of the National Health Service, foreseen in the PNSOC 2018–20, is pending. In this respect, the Committee notes the observations of the UGT alleging that (i) section 76 of the OSH Law No. 102 of 2009 on the obligation to carry out health surveillance of various categories of workers is not complied with in practice, and (ii) the lack of a national preventative safety and health culture is evidenced by the high rates of occupational accidents and diseases in the country. While noting that the Government does not provide information on the national OSH programme currently being implemented, the Committee requests the Government to provide information on the measures taken for the formulation, in consultation with employers’ and workers’ organizations, of subsequent national programmes in accordance with the requirements of Article 5(1) and (2). It also requests the Government to indicate how the evaluation conducted of the PNSOC 2018–20 contributes to the formulation of subsequent programmes, in particular on the progress made towards the development of a model for the surveillance of workers’ health through the units of the National Health Service.

• Protection against specific risks

Radiation Protection Convention, 1960 (No. 115)

Article 1 of the Convention.Legislation giving effect to various provisions of the Convention. In response to its previous comment, the Committee notes that the Government indicates that Decree Law No. 222 of 2009 was repealed by Decree Law No. 108 of 2018, which establishes the legal framework for radiation protection. In this respect, the Committee notes that Decree-Law No. 108 of 2018 designates the Portuguese Environmental Authority as the competent authority responsible for ensuring a high level of radiation protection (section 12); for individual monitoring (section 74); and for training (sections 55(2)(a)(c) and 64).

With respect to the request for information on paragraph 30 of the Committee’s 2015 General Observation under this Convention, the Committee notes the information provided by the Government on (i) the dose limits set out in Decree-Law No. 108 of 2018 for occupational exposure (section 67), for pregnant and breastfeeding workers (section 69); for persons between 16 and 18 years of age (section 68); and for occupational exposure during an emergency (section 128), which are consistent with the dose limits set out in the 2015 General Observation; (ii) the provision for radiological surveillance of workplaces (sections 78 and 81); and (iii) the provision for individual dose records (sections 75 and 76).

Article 12. Medical examinations. Further to its previous comment, the Committee notes that the Government indicates that, under Decree-Law No. 108 of 2018, the health surveillance of workers exposed to ionizing radiation includes an entry examination to determine the worker’s suitability for the functions to be performed, periodic examinations to determine whether workers are still medically fit to perform their functions (section 85(4)), as well as complementary examinations when the occupational health service deems it necessary for the purpose of health protection (section 89(1)). The Committee notes this information, which responds to its previous comment.

Maximum Weight Convention, 1967 (No. 127)

The Committee notes the information provided by the Government on Article 7 of the Convention, which responds to its previous request.

Articles 3 and 5 of the Convention. Maximum weight of loads transported manually by a worker. Steps to ensure adequate training in working techniques with a view to safeguarding health and preventing accidents. In reply to its previous comment, the Committee notes that the Government indicates that adequate training must be provided to workers exposed to the risks associated with the manual handling of loads under section 282(3) of the Labour Code, section 20(1) of the OSH Law No. 102 of 2009 and section 8(2) of Decree Law No. 330 of 1993 on the minimum safety and health requirements for manual handling of loads. It further notes that under Decree Law No. 330 of 1993: (i) the employer shall use appropriate means, including mechanical equipment, to prevent the manual handling of loads by workers and, where manual handling of loads cannot be avoided, the employer shall take appropriate measures to ensure that such handling is as safe as possible (section 4); (ii) the employer shall assess the risks posed by the manual handling of loads to the safety and health of workers and take the necessary corrective measures in this regard (sections 5 and 6). The Committee notes this information, which responds to its previous comment.

Occupational Cancer Convention, 1974 (No. 139)

Article 2(2) of the Convention. Limitation of duration of exposure. Further to its previous comment, the Committee notes the Government’s indications that under Decree Law No. 301 of 2000, which regulates the protection of workers against risks related to exposure to carcinogens or mutagens at work, as amended up to 2020: (i) the employer shall ensure that the exposure of each worker to carcinogens is not continuous and is limited to what is strictly necessary; and (ii) in activities where it is no longer possible to apply additional technical preventive measures to limit exposure, in particular maintenance, the employer must consult workers and their representatives so that the necessary measures are taken to reduce workers’ exposure to a minimum and ensure their protection during the performance of these activities (section 10). The Committee requests the Government to continue to provide information on the measures taken, in consultation with workers and their representatives, to ensure that the duration of workers’ exposure to carcinogenic substances or agents is reduced to the minimum compatible with their safety and health.

Articles 3 and 5. Appropriate system of records and medical examinations necessary to evaluate exposure and supervise the state of health in relation to occupational hazards. In response to its previous comment, the Committee notes with interest the information provided by the Government on the amendment of Decree Law No. 301 of 2000 by Decree Law No. 35 of 2020, which now provides for the obligation of the occupational health service to (i) carry out an occasional medical examination of the worker in situations where exposure to a carcinogen ceases due to termination of professional activity in the undertaking, including retirement, and (ii) transfer the worker’s medical records to the corresponding physician, which allows the occupational health service to continue to monitor the worker’s health, where applicable (section 12(10)). It also notes that Technical Guide No. 2 of 2018 on “Health surveillance of workers exposed to chemical agents that are carcinogenic, mutagenic or toxic to reproduction” sets out the instructions for carrying out medical examinations after cessation of professional activity involving exposure to carcinogens (point 7.2.2). The Committee further notes the Government’s indications that under Decree Law No. 301 of 2000, employers should organise data records and keep up-to-date files on reported and confirmed cases of occupational diseases (section 16(d)) and that these records must be kept for at least 40 years after the workers’ exposure to carcinogens has ceased (section 17(1)). The Committee requests the Government to pursue its efforts to ensure the implementation in practice of section 12(10) of Decree Law No. 301 of 2000. The Committee also requests the Government to provide information on the number of cases of occupational diseases caused by exposure to carcinogenic substances or agents recorded by year and sector of economic activity.

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Article 4(1) of the Convention. Legislation on the prevention and control of, and protection against, occupational hazards in the working environment due to air pollution. Further to its previous comment, the Committee notes the information provided by the Government on the amendments made to Law No. 37 of 2007 on the protection of citizens from involuntary exposure to tobacco smoke by Law No. 63 of 2017, in order to introduce a ban on smoking in workplaces (section 4(b)), establish the employer’s obligation to monitor the air quality of workplaces (section 20(a)), stipulate the corresponding sanctions (section 25) and the entity responsible for inspection (section 28(1)). The Committee takes note of this information.

Article 8(1) and (3). Criteria and exposure limits and regular revision of criteria. Further to its previous comment, the Committee notes the information provided by the Government on air pollution exposure limits, including various air contaminants. The Committee notes this information, which responds to its previous comment.

Article 14. Measures to promote research in the field of prevention and control of hazards. The Committee notes that the CGTP-IN reiterates that research in the field of prevention is not conducted with regard to air pollution, noise and vibration hazards. The Committee requests the Government to provide information on the measures taken or envisaged, in consideration of national conditions and resources, to promote research in the field of prevention and control of hazards in the working environment due to air pollution, noise and vibration.

Asbestos Convention, 1986 (No. 162)

The Committee notes the information provided by the Government, in response to its previous request on the measures taken to implement Article 14 of the Convention on the responsibility of manufacturers for the labelling of products containing asbestos.

Articles 1, 15 and 17 of the Convention. Scope of application and exposure to asbestos dust. Further to its previous comment, the Committee notes the information provided by the Government on the adoption of Law No. 63 of 2018 on the elimination of products containing asbestos fibres still present in buildings, installations and equipment. It notes that, under this Law: (i) the ACT, in collaboration with representative workers’ organizations and employers’ associations, shall draw up a plan for the identification of enterprises whose buildings, installations and equipment contain asbestos-containing materials (section 3(1)); and (ii) the removal of products containing asbestos fibres in buildings, installations and equipment shall comply with the established safety standards (section 4).

It also notes the information provided by the Government on the implementation of the asbestos removal programme in public and private institutions (section 174 of Law No. 24-D of 2022); the training provided regarding construction and demolition works containing asbestos; the joint inspection actions carried out on asbestos removal works; and the awareness-raising activities developed on asbestos removal processes. Noting an absence of information in response to its previous request, the Committee once again requests the Government to provide information on the application in law and in practice of the Convention in relation to workers who are exposed to asbestos in the workplace, even if they do not work directly with the substance.

Article 6(3). Consultation with the health services in preparing emergency procedures. Further to its previous comment, the Committee notes that the Government indicates that under the OSH Law No. 102 of 2009, the employer shall: (i) consult the workers’ representatives for safety and health on the measures to be taken in emergency situations (section 18(1)(b)); and (ii) prepare internal emergency plans, including specific plans for firefighting, evacuation of premises and first aid, in cooperation with the OSH services (sections 73(1) and 73b(1)(d)). It also notes the prevention and control measures in case of accidents, incidents and emergencies due to exposure to asbestos provided for in Ordinance No. 40 of 2014 (section 11(4) and Annex), as well as the indications on emergency measures and requirements for consultation with workers’ representatives contained in the Technical Guide No. 2 of 2018 on “Health surveillance of workers exposed to chemical agents that are carcinogenic, mutagenic or toxic to reproduction”. The Committee notes this information, which responds to its previous comment.

Articles 20 and 21. Occasional exposure to asbestos. Measurement of the concentration of airborne asbestos dust in workplaces and medical examinations. Further to its previous comment, the Committee notes that the Government indicates that under Decree Law No. 301 of 2000, as amended by Decree Law No. 35 of 2020, employers are required to assess the risk to the safety and health of workers in activities that may present a risk of exposure to carcinogens, including the determination of the concentration of the carcinogen or mutagen in the workplace atmosphere; and that this risk assessment must be repeated every three months when changes in working conditions occur, the occupational exposure limit value is exceeded or the result of health surveillance justifies the need for a new assessment (section 4(1)). Employers are also required to ensure the health surveillance of workers for whom the result of the assessment reveals the existence of risks (section 12(1)). The Committee notes this information, which responds to its previous comment.

Article 21(5). Notification of occupational diseases caused by asbestos. Further to its previous comments, the Committee notes the information provided by the Government on the system of notification of occupational diseases caused by asbestos established under Law No. 98 of 2009 regulating the system of compensation for occupational accidents and diseases, as amended by Law No. 83 of 2021.

It notes that under this Law, doctors shall report all clinical cases in which an occupational disease is presumed to exist to the department responsible for protection against occupational risks within eight days of the date of diagnosis or presumption of the existence of an occupational disease (section 142(1) and (3)), and that the competent service for protection against occupational risks must notify confirmed cases of occupational diseases to the employer and the competent authorities (section 143(1). The Government adds that by virtue of section 4(5) of the General Labour Law in Public Functions of 2014, the system of notification of occupational diseases set out in sections 142 and 143 of Law No. 98 of 2009 is applicable to workers in the public sector. The Committee further notes that the CGTP-IN reiterates its observations with regard to the under-reporting of occupational diseases related to asbestos exposure. The Committee requests the Government to provide its comments in this respect. Moreover, with reference to its comments on the application of Article 11(e) of the Occupational Safety and Health Convention, 1981 (No. 155), Article 3 of its Protocol of 2002 and 4(3)(f) of Convention No.187, the Committee requests the Government to continue to provide information on the measures taken to ensure the functioning of the system of notification of occupational diseases caused by asbestos.

• Protection in specific branches of activity

Underground Work (Women) Convention, 1935 (No. 45)

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018) decided, on the recommendation of the Standards Review Mechanism Tripartite Working Group, to confirm the classification of the Convention as outdated, and placed an item on the agenda of the 112th Session of the International Labour Conference (2024) concerning its abrogation.

Safety and Health in Mines Convention, 1995 (No. 176)

The Committee notes the information provided by the Government which responds to its previous requests concerning Articles 7(i) and 8 on evacuation of workers and emergency response plans, Article 10(c) on system whereby the names and location of persons underground can be known, Article13(1)(e) on the right of workers to remove themselves from any dangerous location, Article 13(1)(f) on the right of workers to collectively select safety and health representatives and Article 13(2)(b), (c), (e) and (f) on rights of safety and health representatives in mines.

Articles 5(1) and 16(b). Competent authority responsible for monitoring and regulating the various aspects of safety and health in mines. Further to its previous comment, the Committee notes that the Government indicates that (i) by virtue of Decree Law No. 30 of 2021, the ACT now intervenes in the approval of health and safety plans for mining concessions (section 29(1)(n)); (ii) under the General Regulations on Safety and Hygiene at Work in Mines and Quarries, Decree Law No. 162 of 1990, both the DGEG and the ACT may demand the stoppage of work activities, if necessary; and the resumption of work requires the authorization of both authorities (section 181); and (iii) the DGEG and the ACT continue to develop actions under the cooperation agreement between these entities signed in 2010. The Committee requests the Government to continue to provide information on the coordination and cooperation activities carried out between the DGEG and the ACT with regard to the regulation and control of the various aspects of safety and health in mines, including the actions undertaken in the framework of the cooperation agreement signed between the two authorities.

Article 7(c). Measures to maintain ground stability. Further to its previous comment, the Committee notes that the Government indicates that (i) measures for ground stability and safe access for workers are included in the safety and health plan for mining and quarrying concessions; (ii) whenever situations considered dangerous occur, the DGEG requires the implementation of measures to restore safe conditions, including the partial or total suspension of work, and/or the presentation of studies proving the stability and safety of the ground; (iii) the DGEG has intensified inspection actions to ensure ground stability; and (iv) under the Resolution of the Council of Ministers No. 50 of 2019, approving the intervention plan for quarries in critical situations, the quarries that presented risk situations have been classified into three categories of high, moderate and reduced, and measures have been established to restore safety conditions. The Government adds that by the end of 2021, 94 per cent of the quarries had complied with the measures prescribed and that measures to ensure safety conditions in the remaining 6 per cent of quarries had been implemented directly under the coordination and monitoring of the DGEG. While noting the information provided by the Government on the measures taken to ensure ground stability, the Committee once again requests the Government to indicate the measures adopted or envisaged to ensure that employers have a legal obligation to take steps to maintain ground stability in areas to which persons have access in the context of their work.

Article 10(a). Training and instruction of miners. Further to its previous comment, the Committee notes the Government’s indications that (i) in accordance with sections 15(4) and (5), 20 and 79(b) of OSH Law No. 102 of 2009, adequate OSH training is provided to workers taking into account high-risk activities such as mining, including the handling of explosive substances and cables in extraction and washing shafts; (ii) business associations in the mining sector provide regular OSH training sessions and organize awareness sessions on the importance of safeguarding safety, hygiene and health in mines; and (iii) this training is provided to workers of mining companies as part of their annual training programs, at no cost. The Committee requests the Government to continue to provide information on the measures taken to ensure that employers in the mining sector provide, at no cost to workers, training and instructions on safety and health in mines and on the work assigned to workers.

Safety and Health in Agriculture Convention, 2001 (No. 184)

The Committee notes the information provided by the Government in response to its previous requests on the measures to give effect to Article 13(2) on preventive and protective measures for the use of chemicals and the management of chemical waste, Article 16, on young workers and Article 19 on welfare and accommodation facilities.

Article 4(1) and (2)(c) of the Convention. Coherent national policy on safety and health in agriculture. Inter-sectoral coordination among relevant authorities and bodies for the agricultural sector. With reference to its previous comment, the Committee notes that the Government indicates that the national OSH policy, based mainly on the Labour Code and the OSH Law No. 102 of 2009, has as its main objective the prevention of occupational accidents, through the identification, assessment and control of occupational risks associated with all work-related aspects (section 15(2) of the OSH Law No. 102 of 2009), including the risks posed by physical, chemical and biological agents present in the material components of work in the agricultural sector.

In this respect, the Government indicates that within the framework of the National OSH Strategy 2015-2020, the following results were achieved: (i) the establishment of forums in the agricultural sector to analyse accidents, identify specific needs and adopt specific measures targeting this sector; (ii) the provision of tools to support OSH risk assessments in agriculture; (iii) the development of OSH training on protection against specific risks in agriculture; and (iv) the development and dissemination of information on employers’ OSH obligations in the agricultural and forestry sector and occupational risks in the use of tractors and chainsaws, including the practical guide on Occupational Health and Safety in the Agroforestry Sector.

Concerning intersectoral coordination between the competent authorities and bodies for the agricultural sector, the Government indicates that the Ministries of Labour and Health define and coordinate OSH policies in agriculture and ensure the application of legislation and promotional measures through the services of the State Administration, including the ACT, thus guaranteeing an integrated and coherent vision. The Government adds that the ACT applies a sectoral methodology that has allowed the identification and development of strategies to integrate occupational risk prevention in the agricultural sector and the promotion of campaigns to improve working conditions with the participation of the social partners.

The Committee further notes the observations of UGT, indicating that during the period from 2020 to 2022, 54 workers have lost their lives in the agricultural sector. The Committee requests the Government to strengthen its efforts towards the prevention of accidents and injury to health arising out of, linked with, or occurring in the course of work, through the elimination, minimization or control of risks in the agricultural working environment. It requests the Government to continue to provide information on the implementation and periodic review, in consultation with the representative organizations of employers and workers concerned, of a coherent national policy on safety and health in agriculture.

Article 5. Labour inspection services in agriculture. With reference to its previous comment, the Committee notes that the Government indicates that (i) between 2014 and 2021, labour inspectors received annual training on OSH rules in agriculture, temporary work and undeclared work; (ii) the number of labour inspectors has increased from 343 in 2013 to 457 in 2022; and (iii) the ACT information system and vehicle fleet have been renewed. The Committee refers to its comment under the Labour Inspection (Agriculture) Convention, 1969 (No. 129) on Articles 6(1)(a) and (b) and 21 concerning inspection activities in the agricultural sector.

Article 7(b). Adequate and appropriate training and comprehensible instructions on safety and health. The Committee notes the observations of the CGTP-IN alleging that migrant workers in the agricultural sector do not receive training taking into account their linguistic differences. The Committee requests the Government to indicate how it ensures that migrant workers in agriculture receive adequate and appropriate training and comprehensible instructions on safety and health and any necessary guidance or supervision, including information on the hazards and risks associated with their work and the action to be taken for their protection, taking into account their level of education and differences in language.

Article 12(c). Suitable system for the safe collection, recycling and disposal of chemical waste. Further to its previous comment, the Committee notes the information provided by the Government on the adoption of Decree Law No. 102-D of 2020 establishing the general waste management regime. In this respect, it notes the measures stipulated for the prevention and management of hazardous waste contained in sections 26(1), 57 and 58 of this Decree Law. The Committee notes this information, which responds to its previous comment.

Article 15. Construction, maintenance and repairing of agricultural installations. The Committee once again requests the Government to indicate the national laws, regulations and safety and health requirements that regulate the construction, maintenance and repairing of agricultural installations.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment on Convention No. 155 and its Protocol of 2002

Previous comment on Convention No. 176

Previous comment on Convention No. 187

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Convention No. 155 and its 2002 Protocol (OSH), 176 (safety and health in mines), and 187 (promotional framework for OSH) together.

The Committee notes the observations of the General Confederation of Portuguese Workers - National Trade Unions (CGTP-IN), the General Workers’ Union (UGT) and the observations of Confederation of Portuguese Business (CIP) on Conventions Nos 155, 176 and 187, transmitted with the Government’s report.

The Committee notes the decision of the tripartite Committee set up to examine the representation submitted under article 24 of the ILO Constitution by the Trade Union of Labour Inspectors (SIT) alleging non-observance by Portugal of the Labour Inspection Convention, 1947 (No. 81), the Labour Inspection (Agriculture) Convention, 1969 (No. 129), and the Occupational Safety and Health Convention, 1981 (No. 155).

A. General provisions

Occupational Safety and Health Convention, 1981 (No. 155), Protocol of 2002 to the Occupational Safety and Health Convention, 1981, and Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)

Article 4(1) of Convention No. 155 and Article 3 of Convention No. 187. National policy on OSH and the working environment. Further to its previous comment, the Committee notes the information provided by the Government on the results achieved under the National Strategy for Safety and Health at Work 2015-2020 (ENSST 2015–2020), including: (i) the creation of forums in the construction, manufacturing and agriculture sectors to analyse accidents, identify specific needs and adopt concrete measures in these sectors; (ii) the provision of tools to support OSH risk assessments; (iii) the development of OSH training on protection against specific risks and in certain branches of economic activity; (iv) the approval of the OSH action plan for the public administration by Council of Ministers Resolution No. 28 of 2019; and (v) the development of OSH campaigns, including the dissemination of information on OSH legislation and best practices.

It also notes the observations submitted by the CIP, the UGT and the CGTP-IN on the evaluation of the ENSST 2015–2020, alleging that the objective of reducing the total number of occupational accidents and diseases was not achieved during the period under review. The UGT adds that there has been a significant increase in the number of reported occupational diseases, particularly diseases caused by physical agents, from 3,565 in 2015 to 12,571 in 2020. The UGT further indicates that the preparation of a new national strategy for safety and health from 2022–27 was suspended due to a lack of political will. The Committee requests the Government to strengthen its effort to prevent occupational diseases and to provide information on the reasons for the increase of diseases due to physical agents. It also requests the Government to provide information on the measures taken to ensure the formulation, implementation and periodic review, in consultation with the most representative organizations of employers and workers, of subsequent OSH strategies, including the measures taken to prevent occupational accidents and diseases, by minimizing, so far as is reasonably practicable, the causes of hazards inherent in the working environment, the interim evaluations of the strategies and the results achieved in this respect.

Article 11(e) of Convention No. 155, Article 3 of the Protocol and Article 4(3)(f) of Convention No. 187. Measures to improve the reporting of occupational accidents and diseases and mechanisms for the collection and analysis of data on occupational injuries and diseases. Further to its previous comment, the Committee notes the information provided by the Government on: (i) the collection of information on occupational diseases through the compulsory occupational disease reports; and (ii) the adoption of Decree Law No. 106 of 2017, which regulates the collection, publication and dissemination of official statistical information on occupational accidents. Pursuant to Decree Law No. 106 of 2017, employers are required to report occupational accidents to insurers, which in turn shall send this information to the government department responsible for labour statistics, which shall ensure the production and dissemination of official statistics on accidents at work (sections 3 and 6).

The Committee further notes the observations of the UGT indicating that there continue to be unsustainable levels of underreporting of occupational diseases and that the statistical sources of occupational accidents are outdated. The Committee notes that in their observations, the CGTP-IN and the UGT allege that the level of underreporting of occupational diseases in the country is very high and, as a result, many cases of occupational diseases are not diagnosed as such, but as natural diseases. The CIP also indicates that there is a need to improve the national systems for reporting occupational diseases and for collecting statistical data. The Committee requests the Government to pursue its efforts to improve the systems for the reporting, collection and analysis of occupational accidents and diseases. It also once again requests the Government to indicate how effect is given to Article 3(a)(ii) of the Protocol of 2002 concerning the responsibility of employers to provide appropriate information to workers and their representatives on the systems for recording occupational accidents and diseases. With respect to the reporting of occupational diseases, the Committee refers to its comments addressed directly to the Government regarding Articles 3 and 5 of the Occupational Cancer Convention, 1974 (No. 139), and Article 21(5) of the Asbestos Convention, 1986 (No. 162).

B. Protection in specific branches of activity

Safety and Health in Mines Convention, 1995 (No. 176)

Article 3 of the Convention. Policy on safety and health in mines. With reference to its previous comment, the Committee notes that the Government indicates that: (i) the Directorate General of Energy and Geology (DGEG), in cooperation with other competent authorities, including the ACT, initiated the revision of Decree Law No. 162 of 1990, establishing the General Regulations on Safety and Health at Work in Mines and Quarries; and (ii) the DGEG periodically sends circulars to mine managers to reassess possible risk situations in mines.

The Committee also notes the observations of the CGTP-IN and UGT alleging that the extractive industries sector has one of the highest incidence rates of occupational accidents in the country (with an incidence rate of 18.2 accidents per 100,000 workers) and that despite inadequate health and safety conditions in the mines, companies do not invest in the protection of workers. The UGT further indicates that in the period 2020–22, nine workers have lost their lives and 85 cases of occupational diseases have been recorded in the mining sector. The Committee requests the Government to take measures to strengthen the implementation of the Convention with a view to ensuring safety and health in mining. It once again requests the Government to provide information on the formulation, implementation and periodic review, in consultation with the most representative organizations of employers and workers concerned, of a coherent policy on safety and health in mines, including the measures taken to address the incidence rate of occupational accidents and cases of occupational diseases in the sector.

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

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the Government’s first report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee also notes the observations of the General Workers’ Union (UGT), the Confederation of Trade and Services of Portugal (CCSP) and the Confederation of Portuguese Business (CIP) communicated with the Government’s reports.

COVID-19 measures. The Committee appreciates the efforts of the Government to provide information on the occupational safety and health measures taken by the Government in the context of the COVID-19 pandemic, including the adoption of a number of Decrees and Ordinances related to occupational safety and health (OSH), as well as the guidelines issued by the Department of Health and the recommendation issued by the Working Conditions Authority (ACT). The Committee also notes the information provided by of the CCSP that a working group was established to monitor labour matters during the crisis arising from the COVID-19 pandemic, chaired by the Inspector-General of the ACT, with the participation of the social partners, and that this working group has held monthly meetings. Further, the Committee notes the observations of the UGT that the COVID-19 pandemic has presented many challenges with respect to occupational safety and health. The UGT states that it is extremely important to involve trade unions and employers’ representatives in the development of effective policies in order to generate the trust required for a safe return to work, improved coordination between trade unions and inspection services and a modification of current inspection practices in order to ensure that they reflect these new circumstances. The UGT further indicates that it is concerned at the increased number of non-binding occupational health guidelines, which lack applicable penalties and may not adequately protect workers. The Committee hopes that the concerns expressed by the UGT as well as issues related to measures to be taken to provide a safe and healthy working environment in the context of the COVID-19 pandemic will be addressed within the tripartite working group that has been established.

Article 2(3) of the Convention. Periodic consideration of measures that could be taken to ratify relevant OSH Conventions. The Committee notes the Government’s indication in its report that it is still considering the ratification of relevant OSH Conventions, including the Occupational Health Services Convention, 1985 (No. 161). In this regard, the Government indicates that consultations with employers’ and workers’ organizations have been initiated in order to consider the feasibility of this ratification. The Committee requests the Government to continue to provide information on any developments in this regard, including the outcome of the consultations.

Article 4(3)(f). Mechanism for the collection and analysis of data on occupational injuries and diseases. The Committee notes the Government’s indication that industrial accidents are recorded by the ACT and that occupational diseases are recorded by the Department of Occupational Risk Prevention of the Social Security Institute and compiled as statistics by the ISS Office of Planning and Strategy. The Government also indicates that during the discussions in the ACT Advisory Council on the National Occupational Safety and Health Strategy (ENSST) for the period 2015–2020, the need for a mechanism for collecting and analysing data on occupational injuries and diseases was identified, and subsequently measure No. 15 on this issue was included in the Strategy. The Committee also notes that the UGT in its observations alleges that concerning occupational diseases, statistical data is insufficient and unreliable due to lack of notification. The Committee requests the Government to communicate its comments on these observations. With reference to its comments under Article 11 of the Occupational Safety and Health Convention, 1981 (No. 155), and its 2002 Protocol, it also requests the Government to provide information on the development of a mechanism for collecting and analysing data on occupational injuries and diseases, as foreseen in Measure No. 15 of the ENSST (2015–2020), indicating how the implementation of this measure has contributed to progress on this issue.

Article 4(3)(h). Support mechanisms for the progressive improvement of OSH conditions in micro-enterprises, small and medium-sized enterprises and the informal economy. The Committee requests the Government to provide information on any support mechanisms established for a progressive improvement of OSH conditions in micro-enterprises, in small and medium-sized enterprises and in the informal economy.

Article 5(1). Implementation, monitoring, evaluation and periodic review of the national OSH programme. The Committee notes that after the completion and evaluation of the ENSST 2008–2012, the ENSST 2015–2020 “Towards safe, healthy and productive work” was discussed and agreed upon with social partners and adopted by the Council of Ministers through resolution 77/2015 of 18 September 2015. The Government also indicates that the first Occupational Health Programme (PNSOC) 2009–2012, designed to protect and promote the health of all workers by providing a healthy working environment and promote the coverage and quality of occupational health departments, was subsequently extended to the period 2018–2020. The Committee requests the Government to provide information on the results obtained through the application of the ENSST 2015–2020 and the PNSOC 2018–2020. It also requests the Government to provide information on any evaluation carried out of both the strategy and the programme, in consultation with the social partners, and on how this evaluation contributes to the formulation of subsequent strategies and programmes.

Article 5(2)(a), (b) and (d). Requirements of the national programme and application of the Convention in practice. Development of a national preventative safety and health culture. Elimination or minimization of work-related hazards and risks. Objectives, targets and indicators enabling the evaluation and periodic review of the national programme on OSH. The Committee notes that the Government indicates that two of the three strategic objectives of the ENSST (2015–2020) are: (i) to reduce the number of industrial accidents by 30 per cent and the incidence of such accidents by 30 per cent; and (ii) to reduce the risk factors for occupational diseases. It also indicates that one of its six operational objectives of the above-mentioned strategy is to prevent occupational diseases and industrial accidents. In this respect, the Committee notes the statement of the CIP that the operational objectives of the ENSTT include specific goals and indicators and identify the entities to be involved, including the social partners. In addition, the Committee notes that the Government adds that the Operational Programme for the Promotion of Occupational Safety and Health (PROAP), which contains three sub-programmes on information and divulgation, occupational training, and studies and applied research, was approved in January 2019 and is currently in force. The Committee also notes that the UGT indicates that Portugal continues to have a high rate of both serious and fatal occupational accidents, and is among the highest in Europe. Precisely, it indicates that according to the latest Global Economic Prospects: (i) in 2016, 138 workers died due to occupational accidents (almost 50 per cent of whom worked in the civil construction and the processing industry sectors); (ii) in 2017 and 2018, 125 and 149 fatal occupation accidents were recorded respectively, and (iii) until May 2019, 31 and 71 fatal and serious occupational accidents respectively were recorded. The Committee requests the Government to provide its comments in this respect. It also requests the Government to communicate information on the results achieved through the implementation of the ENSST 2015–2020 and the PROAP in comparison to the objectives established, indicating how they have contributed to reducing the level of occupational accidents in the country. The Committee also requests the Government to communicate statistics on occupational accidents, disaggregated by type of accident (serious and fatal), age, gender and sector.

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

In order to provide a comprehensive view of the issues relating to the application of ratified occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine Conventions Nos 155 (occupational safety and health and the working environment), its 2002 Protocol, and 162 (asbestos) together.

The Committee notes the observations made by the Confederation of Portuguese Industry (CIP), the General Confederation of Portuguese Workers – National Trade Unions (CGTP–IN), and the General Workers’ Union (UGT), received with the Government’s reports. The Committee also notes the observations made by the Trade Union Association of Civil Servants of the Authority for Food and Economic Security (ASF–ASAE), received on 5 January 2016 and 19 April 2017, concerning the working conditions and conditions of service of market surveillance and food inspectors.

A. General provisions

Convention No. 155 and its Protocol of 2002

Follow-up to the recommendations of the tripartite committee (representation made under article 24 of the Constitution of the ILO)

The Committee notes the report of the tripartite committee set up to examine the representation alleging non-observance by Portugal of the Labour Inspection Convention, 1947 (No. 81), the Labour Inspection (Agriculture) Convention, 1969 (No. 129), and the Occupational Safety and Health Convention, 1981 (No. 155), made under article 24 of the ILO Constitution by the Union of Labour Inspectors (SIT), adopted by the Governing Body at its 324th Session (June 2015). The Governing Body entrusted the Committee with following up on the effect given to the conclusions in that report.

Articles 4 and 9 of the Convention. Adequate inspection strategy as a part of the national occupational safety and health (OSH) policy. The Committee notes that the tripartite committee encouraged the Government to, in the context of the national OSH policy, follow up on the specific issues raised by the SIT, and identified in the Working Condition Authority (ACT) strategy, in collaboration with the social partners. The Committee requests the Government, in line with the tripartite committee, to provide information on the measures taken to identify, in consultation with the social partners, the needs for the effective enforcement of the legal provisions concerning OSH, and to determine priorities for action.

Other issues

Article 1(1). Application of the Convention. Workers in agriculture. The Committee notes the information provided by the Government in reply to its previous request concerning the legislation giving effect to the Convention with regard to agricultural workers. In this respect, the Committee refers the Government to its comments on the application of the Safety and Health in Agriculture Convention, 2001 (No. 184).

Workers in the public sector. The Committee notes the observations made by the CGTP–IN and the UGT under Convention Nos 81 and 129 that there are insufficient controls by the labour inspectorate concerning OSH conditions in the public sector. The Committee requests the Government to provide its comments to these observations.

Articles 4(1) and 11 (d) and (e). National policy on OSH, including with regard to occupational accidents and diseases and their recording and notification. The Committee notes that the Government, in reply to the Committee’s previous request, provides information on the interim evaluations of the national strategy for OSH (2008–12), and indicates that the final evaluation of the national strategy for OSH (2008–12) was being finalized by the ACT with the contribution of the social partners, at the time of the submission of the Government’s report. In that respect, the Committee notes the adoption of a new strategy for OSH (2015–20), with three review stages: in 2016, 2018 and 2022. The Committee requests the Government to provide information on the interim and final evaluation of the strategy for OSH (2015–20).

Article 7 of the Convention. In its previous comment, the Committee noted that the Governing Body at its 319th Session (October 2013) approved the report of the tripartite committee set up to examine the representation made by the Occupational Association of Professional Police Officers (ASPP/PSP) under article 24 of the ILO Constitution, alleging non-observance by Portugal of Convention No. 155 (GB.319/INS/14/8) and entrusted the Committee with following up on the effect given to the conclusions in that report.

In this respect, the Committee requested the Government to provide information on the measures taken, in consultation with the social partners to ensure the effective application of the Convention with regard to the Public Security Police (PSP), in law and in practice, in particular Articles 4, 8, 9, 16, 19(c) and (d), and 20. This should include measures to ensure the review of the situation regarding occupational safety and health and the working environment of the PSP, taking into account their specificities, in accordance with Article 7 of the Convention, with a view to identifying major problems, developing effective methods for dealing with them as well as priorities of action, and subsequent evaluation. The Committee notes that the Government has not yet provided any reply in this respect. The Committee therefore once again requests the Government to provide the information requested.

Articles 8, 16 and 20. Laws and regulations giving effect to the national policy on OSH, responsibilities of employers and cooperation at the level of the undertaking. The Committee notes the observations made by the UGT concerning certain changes through the amendment of Law No. 102/2009 on the legal framework for the promotion of OSH by Law No. 3/2014, including the reduced frequency of compulsory consultations of workers or their representatives. The Committee also notes that the CGTP–IN emphasizes that recent amendments to the national legislation, which eliminate certain obligations of employers in the area of OSH, have weakened the protection of workers. The Committee requests the Government to provide its comments in this respect.

Article 11(d) and (e) of the Convention and Articles 2–5 of the Protocol. Measures to improve the reporting of occupational accidents and diseases. Concerning the national strategy for OSH (2008–12), the Committee notes the observations made by the UGT that several important measures in that strategy were not satisfactorily implemented, including the restructuring of the system for the collection of statistical data on occupational accidents and diseases, or the adoption of effective measures to address the under-reporting of occupational diseases. On the other hand, the Committee notes the Government’s reference to a number of measures taken aimed at improving the reporting of occupational diseases, including: (i) the cooperation between the ACT and public health structures to discuss legislative changes with a view to the efficient diagnosis of occupational diseases, and (ii) the enactment of Ordinance No. 112/2014 on the provision of primary occupational health care, which enabled the creation of functional health-care units, which may provide medical consultations to independent workers and workers in micro-enterprises.

In this respect, the Committee also notes the detailed information provided by the Government on the effect given in the national legislation to the Articles of the Protocol. The Committee notes that the OSH strategy for 2015–20 once again addresses the under-reporting of occupational diseases and the improvement of the collection of statistics in general. The Committee requests the Government to provide information on the specific measures taken to address the under-reporting of occupational diseases, and on any steps taken to improve the collection of occupational accidents. Noting the information provided by the Government on the legislative provisions giving effect to Article 3(b) of the 2002 Protocol, the Committee requests the Government to specify how effect is given to the specific requirement in Article 3(a)(ii) concerning the responsibility of employers to provide appropriate information to workers and their representatives concerning the recording system for occupational accidents and occupational diseases.

B. Protection against specific risks

Convention No. 162

Articles 1, 15 and 17. Scope of application and exposure to asbestos dust. The Committee previously noted the broad application of the Convention in relation to all activities involving the exposure of workers to asbestos in the course of their work and referred to the responsibilities of employers set out in Article 15(3) and (4) of the Convention. In this respect, the Committee notes the reiterated observations made by the CGTP–IN and the UGT that workers and visitors in public buildings are exposed to asbestos fibres, despite the fact that they do not handle asbestos. The UGT indicates that while 2,015 public buildings have been found to contain asbestos, no significant progress has yet been made with its removal. The Committee notes that the UGT welcomes the Government’s plans to conclude the removal of asbestos from all public buildings between 2018 and 2020 and its allocation of a dedicated budget for this purpose, but that the UGT also emphasizes the need to deploy efforts to remove asbestos from private workplaces. Particularly, the UGT indicates that over €300 million has been allocated in the context of the National Reform Programme towards the removal of asbestos from public buildings. The Committee once again requests the Government to provide information regarding the implementation in law and practice of the Convention in relation to workers who are exposed to asbestos in workplaces even though they may not be working directly with the substance. In addition, noting the Government’s plans to undertake major works to remove asbestos from public buildings, the Committee requests the Government to provide information on the measures taken to ensure that this removal work is undertaken in conformity with the protections outlined in Article 17, and to provide information on measures taken or envisaged with respect to other buildings and structures.

Article 6(3). Consultation with the health services in preparing emergency procedures. The Committee notes that the Government has not provided a reply to its previous request under this Article. The Committee therefore once again requests the Government to provide further information on the preparation of emergency procedures for work involving exposure to asbestos, as provided for in section 73 of Act No. 102/2009, as amended by Law No. 3/2014 on the legal framework for the promotion of OSH and to indicate whether such procedures were developed in consultation with the concerned workers’ representatives.

Article 14. Responsibility of manufacturers for the labelling of products containing asbestos. The Committee previously noted that Legislative Decree No. 101/2005 introduces regulations regarding the labelling of asbestos, but does not specify details of the language used on the labels nor determine the responsibility for labelling. The Committee notes that the Government has not provided the requested information on the measures taken in law and practice to ensure the responsibility for labelling of producers and suppliers of asbestos and manufacturers and suppliers of products containing asbestos. The Committee recalls the guidance in Paragraph 20 of the Asbestos Recommendation, 1986 (No. 172), on labelling requirements for producers and suppliers of asbestos and manufacturers and suppliers of products containing asbestos in that respect. The Committee once again requests the Government to provide information on the measures taken in law and practice to ensure that producers and suppliers of asbestos and manufacturers and suppliers of products containing asbestos are made responsible for adequate labelling of the container and, where appropriate, the products.

Articles 20 and 21. Occasional exposure to asbestos. Measurement of the concentration of airborne asbestos dust in workplaces and medical examinations. The Committee previously noted that while Legislative Decree No. 266/2007, on the protection of workers from health risks arising from exposure to asbestos in the course of work, applies to all sectors of activity, the Decree allows for the exemption of workers performing specific tasks, during which they are sporadically exposed to a concentration of airborne asbestos fibres not exceeding a certain maximum limit value. The Committee notes that the Government has not provided the requested information on the definition of the concept of “sporadic exposure to asbestos” under the national legislation. However, it notes the observations made by the CIP concerning the ongoing work relating to the Asbestos Technical Guidebook for the implementation of Decree No. 266/2007, pursuant to section 26 of the Decree. It notes in this respect that section 26 also refers to the drawing up of technical guidelines particularly concerning the definition of the concept of sporadic exposure of low intensity. The Committee once again requests the Government to indicate the measures taken or envisaged to ensure: that employers measure the concentration of airborne asbestos dust in the workplace and monitor the exposure of workers to asbestos; and that workers occasionally exposed to asbestos are provided with medical examinations, in line with Article 21(1) of the Convention. It requests the Government to provide information on any technical guidelines developed concerning the definition of the concept of sporadic exposure of low intensity to asbestos.

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

The Committee notes the observations of the General Confederation of Portuguese Workers–National Trade Unions (CGTP–IN), received with the Government’s report.

Article 21 of the Convention. Notification of occupational diseases caused by asbestos. The Committee notes the statistical information provided by the Government on the number of workers exposed to asbestos, cases of occupational disease reported and the activities carried out by the labour inspection services to enforce the relevant legislation. The Committee notes with concern that the CGTP–IN refers, with respect to the under-reporting of occupational diseases related to asbestos exposure, to a 2015 study, according to which 97 per cent of cases of malignant mesothelioma caused by exposure to asbestos were not reported as occupational diseases. Recalling the resolution concerning asbestos, adopted by the 95th Session of the International Labour Conference, June 2006 and, referring to its comments on the application of Articles 4(1) and 11(d) and (e) of the Occupational Safety and Health Convention, 1981 (No. 155), and Articles 2–5 of its Protocol of 2002, concerning the measures needed and taken to address the under reporting of occupational diseases, the Committee requests the Government to provide information on the measures taken to ensure the functioning of the system of notification of occupational diseases caused by asbestos and, in that regard, to indicate the number of cases of occupational diseases caused by exposure to asbestos that have been reported in the country over the last five years as well as the cases of malignant mesothelioma over the same period.

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

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the observations made by the General Union of Workers (UGT), received on 22 December 2014. The committee notes that according to the UGT, a series of specific measures are required to improve radiological protection in facilities of the health sector, namely undertaking a global review of the legal framework to address the fragmentation of the legislation and the difficulties of its effective implementation, the establishment of an independent regulatory authority to address the current distribution of the legal responsibilities among different entities, and the improvement of monitoring activities and training. The Committee requests the Government to provide its comments with respect to the observations made by the UGT.

The Committee also notes the information provided by the Government in its report, in reply to its previous request, concerning the effect given to Article 8 of the Convention on the dose limits for workers not directly engaged in radiation work and Article 14 on the offer of alternative employment to workers who can no longer perform work involving exposure to ionizing radiations.

General observation of 2015. The Committee would like to draw the Government’s attention to its general observation of 2015 under this Convention, and in particular to the request for information contained in paragraph 30 thereof.

Articles 1 and 12 of the Convention. Medical examinations. Type and frequency of medical examinations. Legislation. In its previous comment, the Committee noted that section 13 of legislative Decree No. 222/2008 regulated the question of medical examinations. It further noted paragraph 1 of this section which provides that the health surveillance of workers exposed to radiation should be carried out by specialized services approved by the Directorate General of Health based on criteria to be published in an order. The Committee requests the Government to provide information on regulations published in application of section 13.1 of legislative Decree No. 222/2008.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the Government’s first report on the application of the Convention. It also notes the observations of the General Workers’ Union (UGT) and the General Confederation of Portuguese Workers–National Trade Unions (CGTP–IN), which were communicated with the Government’s report.

Article 4(1) of the Convention. Coherent national policy on safety and health in agriculture. The Committee notes the CGTP–IN’s indication that no policy on safety and health in agriculture has been established and that there is no legislation specific to the agricultural sector. In this connection, the Committee notes the Government’s indication that the legal regime concerning accident prevention and the promotion of occupational safety and health (OSH), particularly Chapter IV of the Labour Code (Act No. 7/2009) and Act No. 102/2009 on the promotion of occupational safety and health (the OSH Act), applies to all sectors of activity, including the agricultural sector. The Government adds that the coordination and implementation of measures in relation to the policy and the evaluation of outcomes are the responsibility of the competent bodies, which report to the Ministry of Labour. Furthermore, the Committee notes that in virtue of section 470 of the Labour Code and section 8 of the OSH Act, employers’ and workers’ organizations must be consulted prior to the adoption of legislation and during the evaluation of measures relating to OSH policies. The Committee requests the Government to provide further information on the measures taken to ensure that a policy aimed at preventing accidents and injury to health arising out of, linked with, or occurring in the course of work is formulated, carried out and periodically reviewed. It also requests the Government to provide detailed information on the consultations held in this regard with employers’ and workers’ organizations and the outcomes of these consultations.

Article 4(2)(c). Inter-sectoral coordination among relevant authorities and bodies for the agricultural sector. The Committee notes the Government’s reference to section 7(2) of the OSH Act, which provides that any proposal for the formulation of a policy for the promotion and monitoring of OSH must endeavour to develop complementarities and interdependences between OSH, the social security system and several other services, including the National Health Service. The Committee requests the Government to provide further information on the manner in which effect is given to this Article of the Convention, particularly regarding the implementation of inter-sectoral coordination in practice.

Article 5. Labour inspection services in agriculture. The Committee notes the Government’s indication that the Working Conditions Authority (ACT) is responsible for the enforcement of OSH laws and for promoting occupational risk prevention policies. The Committee requests the Government to provide further information on the measures taken to ensure that the system of inspection for agricultural workplaces is adequate and appropriate and provided with adequate means.

Article 12(c). Suitable system for the safe collection, recycling and disposal of chemical waste. The Committee notes that the Government refers to Legislative Decree No. 178/2006 approving the general waste management system. The Committee notes that this Legislative Decree does not appear to contain precise provisions establishing an adequate system for the collection, recycling and disposal of chemical waste. The Committee requests the Government to indicate the provisions that give effect to Article 12(c) of the Convention.

Article 13(2). Preventive and protective measures for the use of chemicals and the management of chemical waste. The Committee notes that section 9(2)(h) of Legislative Decree No. 24/2012 strengthening the minimum requirements for workers’ protection against risks resulting from exposure to chemicals at work, which provides that employers must ensure that they use suitable work processes which guarantee safety, particularly during the handling, storage and transportation of hazardous chemicals and waste, gives effect to Article 13(2)(a). The Committee requests the Government to provide information on the manner in which effect is given to Article 13(2)(b)–(d) of the Convention.

Article 15. Construction, maintenance and repairing of agricultural installations. The Committee notes that the Government refers to Legislative Decree No. 347/93 on minimum workplace safety and health requirements and its technical implementing standards, which transpose Directive 89/654/EEC into national legislation. The Committee notes that these texts do not appear to contain precise provisions on the safety and health measures to be taken with regard to the construction, maintenance and repairing of agricultural installations. The Committee requests the Government to indicate the provisions that give effect to Article 15 of the Convention.

Article 16. Young workers and hazardous work. The Committee notes that the Government refers to section 72(2) of the Labour Code, which provides that types of work which cause harm to the physical, psychological or moral development of minors shall be prohibited or subject to a specific law. It recalls that in its direct request published in 2006 concerning the Minimum Age Convention, 1973 (No. 138), it noted that under the terms of section 122 of the Civil Code, the age of majority is 18 years and that this applies to the provisions of the Labour Code. The Committee emphasizes that under section 16(1), and subject to the derogations envisaged in section 16(3), the minimum age for types of work in agriculture that are likely to harm the safety and health of young workers is 18 years. In accordance with Article 16(2), the types of employment or work in agriculture covered by Article 16(1) shall be determined by laws or regulations or by the competent authority, after consultation with the representative organizations of employers and workers concerned. The Committee requests the Government to provide detailed information on the measures taken, in law and practice, to give full effect to Article 16(1) and (2) of the Convention and, where applicable, on the conditions under which the derogations provided for in Article 16(3) are authorized.

Article 19. Welfare and accommodation facilities. The Committee notes the Government’s indication that section 16 of Order No. 104/13 establishing minimum OSH requirements provides that the workplace must have an easily accessible rest room equipped with an adequate number of tables and chairs for the number of workers that might be present at any one time. It also notes that under the terms of section 194(1) of the Labour Code, in the event of a transfer of workplace, the employer is required to cover the cost borne by the workers of moving house or commuting from their home and, in the event of a temporary transfer, accommodation costs. The Committee requests the Government to provide information on the minimum accommodation standards envisaged for workers who are required by the nature of their work to live temporarily or permanently in the undertaking.

Application in practice. The Committee notes the UGT’s indications that many accidents in the agricultural and forestry sector are caused by the introduction of new machinery, tools, techniques and factors of production or by the use of an unskilled workforce. According to the UGT, between 2006 and 2010 the ACT investigated 90 fatal occupational accidents in the agricultural sector, which is one of the sectors with the highest rate of serious and fatal accidents. As part of the action taken to remedy this situation, a campaign on safety and health in agricultural work was carried out in 2012 with the joint agreement of the institutional and social partners. The UGT believes that, despite the efforts made, the situation in the sector has not improved. The Committee notes in this respect that, according to the statistics published by the ACT, the number of fatal accidents in the agricultural, animal production, hunting, forestry and fishing sector was 23 in 2012, 17 in 2013, 19 in 2014 and 30 in 2015. The Committee requests the Government to provide its comments on the UGT’s observations. It also requests it to continue its efforts to remedy the high level of serious and fatal accidents in the agricultural sector and to supply information on this subject.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the joint observations made by the International Organisation of Employers (IOE) and the Confederation of Portuguese Industry (CIP) on the application of the Convention, received on 1 September 2014.

Article 7 of the Convention. The Committee notes that, due to the ratification by Portugal of the Safety and Health in Mines Convention, 1995 (No. 176), the IOE and CIP are favourable to the denunciation of Convention No. 45. In this regard, the Government indicates in its report that it intends to denounce the Convention during the next available period. Accordingly, the Committee would like to take this opportunity to inform the Government that, in conformity with Article 7, Convention No. 45 will next be open to denunciation during a one-year period from 30 May 2017 to 30 May 2018. The Committee invites the Government to provide information on any further developments in this respect.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the observations made by the General Workers’ Union (UGT) received on 1 October 2014.

Application of the Convention in practice. The Committee notes that, according to the UGT, the incidence of musculoskeletal injuries continues to be the main occupational safety and health (OSH) problem in commerce and offices. Despite two European campaigns in 2000 and 2007 on the prevention of musculoskeletal disorders, the UGT is of the view that much remains to be done to prevent such injuries, and refers to its plans to organize a joint campaign with the Portuguese Commerce and Services Confederation (CCP) on the subject.

The Committee notes the detailed statistical information provided by the Government in its report concerning the OSH activities undertaken by the Working Conditions Authority (ACT) in all sectors, and the information on its activities to prevent musculoskeletal injuries. It further notes the Government’s indications that awareness raising and the provision of training and information are best suited to avoid musculoskeletal disorders, such as back injuries resulting from the inadequate manual handling of loads. With reference to the statistics provided, the Government indicates that the 2007 campaign on the handling of loads significantly increased the understanding of employers and workers in this area (as the number of infringement reports increased after the campaign, but decreased as of 2009). The Committee requests the Government to continue providing information on the application of the Convention in practice and, in particular, on developments regarding occupational diseases in relation to the Convention, as well as on the measures adopted to prevent musculoskeletal injuries and the impact of these measures.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the observations of the General Workers’ Union (UGT) and the General Confederation of Portuguese Workers–National Inter-Unions (CGTP–IN), communicated with the Government’s report.

Articles 3 and 5 of the Convention. Maximum weight of loads transported manually by a worker. Steps to ensure adequate training in working techniques with a view to safeguarding health and preventing accidents. The Committee notes the observations of the CGTP–IN according to which the provisions of Legislative Decree No. 330 of 25 September 1993 on minimum health and safety requirements for the manual transport of loads, which transposed Council Directive 90/269/EEC of 29 May 1990 into law, focus mainly on risk analysis and prevention measures and do not prohibit the manual transport or handling of loads likely to jeopardize the safety or health of workers, as required by Article 3 of the Convention. The CGTP–IN also indicates that the requirements for the training of workers, provided in section 8(2) of Legislative Decree No. 330, appear to be insufficient to ensure that full effect is given to Article 5 of the Convention. The Committee requests the Government to provide its comments in this respect.

Article 7. Restriction on the assignment of women and young workers under the age of 18 years to manual transport. The Committee notes the Government’s indication that under section 57 of Act No. 102/2009 of 10 September approving the legal framework for the promotion of safety and health at work, amended by Act No. 3/2014 of 28 January, pregnant workers are restricted from the manual handling of loads involving a risk of back injury or exceeding 10 kg. The Government also states that section 72 of Act No. 102/2009 provides restrictions that the employer must comply with, which exclude young workers aged 16 years or over from activities involving the manual handling of loads exceeding 15 kg. In this regard, the Committee notes that in its observations, the UGT indicates that the legislation does not set load limit values for young workers aged 16 years or over and that the results of risk assessments by employers determine whether they are able to carry out activities involving the manual handling of loads exceeding 15 kg. The Committee also notes that the legislation referenced by the Government gives only partial effect to Article 7 of the Convention, as it does not appear to limit the assignment of all women – not only pregnant workers – to manual transport of loads other than light loads and does not provide that, for all women and young workers, the maximum weight of loads shall be substantially less than that permitted for adult male workers. The Committee requests the Government to take further measures to give full effect to the obligation to restrict the employment of all women in regard to the transport of loads other than light loads, and to establish that the weight of loads transported shall be substantially less for all women and young workers than that permitted for male workers, and to provide information in this respect.

Application in practice. The Committee notes that according to the statistical information provided by the Government, the number of notifications to implement corrective measures, issued with regard to the manual handling of loads, has drastically decreased over the years, going from 555 in 2009 to 45 in 2013, and the number of reported contraventions for penalties imposed were decreased from four and five in 2009 and 2010 to one in 2013. In this respect, the Committee notes the Government’s indication that the campaign on the manual handling of loads, carried out in 2007, significantly increased the amount of information available to inspection services, enterprises and workers, and that the low number of contraventions reported reflects an increase in understanding with regard to the hazards associated with the manual handling of loads. It also notes decision 3326/06.ITTLSB.L1.4, issued on 24 March 2010 by the Court of Appeal of Lisbon, on an injury due to excessive load handling. The Committee requests the Government to continue to provide information on the application of the Convention in practice, including on the total number of reported contraventions, including the number of contraventions for which penalties were imposed and to include summaries of the judicial decisions communicated, indicating, where possible, the Articles of the Convention relating to the decisions.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the observations of the General Confederation of Portuguese Workers–National Inter-Union (CGTP–IN) and the General Workers’ Union (UGT), communicated with the Government’s report.

The Committee also notes the information provided by the Government in reply to its previous comment concerning Article 1(1) and (3) of the Convention on the application of the Convention to the agricultural sector and to fishing vessels.

Legislation. The Committee notes the information provided by the Government indicating the adoption of numerous legislative instruments during the reporting period, including Act No. 102/2009 of 10 September on the legal regime for the promotion of occupational safety and health, amended by Act No. 3/2014 of 20 January, and Decree-Law No. 24/2012 of 6 February consolidating the minimum required standards for the protection of workers against health and safety hazards ensuing from exposure to chemical agents in the workplace and establishing a third list of maximum levels of occupational exposure. The Committee also notes that the UGT indicates that workers in restaurants and leisure facilities continue to be exposed to the hazards of passive smoking and that the Government intends to reinforce the existing legislation in order to impose a ban on smoking in all public places. The Committee requests the Government to supply information on the main changes introduced by the new legislation relating to the subject matters covered by the Convention.

Article 8(1) and (3). Criteria and exposure limits and regular revision of criteria. The Committee notes the information supplied by the Government concerning the exposure limits for vibration and noise at the workplace respectively established by Decree No. 46/2006 and Decree No. 182/2006. However, it notes that no information has been supplied with reference to the exposure limits for air pollution. The Committee requests the Government to provide information on the exposure limits for air pollution, including in the agricultural sector and on fishing vessels.

Article 14. Measures to promote research in the field of prevention and control of hazards. The Committee notes the observations of the CGTP–IN according to which research in the field of prevention is not conducted with regard to air pollution, noise and vibration hazards. The Committee requests the Government to provide information on the measures taken or envisaged to promote research in the field of prevention and control of hazards in the working environment due to air pollution, noise and vibration.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the information provided by the Government in its reports in reply to its previous request concerning the measures giving effect to Article 4 of the Convention on providing workers with information on the dangers involved and the measures to be taken when exposed to carcinogenic substances or agents.

Article 2(2). Limitation of duration of exposure. The Committee notes the Government’s indication that, pursuant to Chapter V of Act No. 102/2009 on the legal regime for promoting occupational safety and health, amended by Act No. 3/2014, exposure assessments are conducted on a quarterly basis with a view to removing workers from the workplace or reducing the duration of exposure when it is not practicable to reduce the intensity of exposure to a hazardous factor. It also notes information provided related to the substitution of certain substances and on measures taken related to minimizing occupational exposure to asbestos. The Committee requests the Government to provide information on the measures taken or envisaged, in law and in practice, to ensure that the duration of workers’ exposure to carcinogenic substances is reduced to the minimum compatible with safety, including information on the specific measures taken with respect to substances other than asbestos.

Application in practice. The Committee notes the detailed statistical information provided by the Government for the 2009–13 period. It notes in particular the Government’s indication that 44 new cases of occupational cancer were recorded by the Social Security Institute between 2009–14, including 34 cases of bronco-pulmonary fibrosis and six cases of mesothelioma. It also notes that, while national statistics regarding cancer-related deaths do not specify the number of cases which could be attributed to carcinogenic or mutagenic factors, it is estimated that 900 of the 23,000 annual cancer-related deaths have occupational origins. The Committee requests the Government to continue to provide detailed information on the manner in which the Convention is applied in the country, including statistical information concerning the number of workers covered by the legislation, the number and nature of contraventions reported, and the number, nature and cause of cases of occupational disease, etc.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the observations of the General Confederation of Portuguese Workers – National Trade Unions (CGTP–IN) and the General Workers’ Union (UGT), received on 22 December 2014, concerning public buildings containing asbestos.

The Committee notes the information provided by the Government in its report in reply to its previous request concerning the measures giving effect to the following provisions of the Convention: Article 21(4) of the Convention on maintaining the income of workers assigned to other work for medical reasons and Article 22(3), on the provision of information and training.

Articles 1 and 15 of the Convention. Scope of application and exposure to asbestos dust. The Committee notes the indications of the UGT and of the CGTP–IN that many workers who, despite the fact that they do not handle asbestos, are exposed to asbestos fibres in workplaces that are in a poor state of repair. Noting the broad application of the Convention in relation to all activities involving the exposure of workers to asbestos in the course of their work, and the responsibilities of employers set out in the Convention, including under Article 15(3) and (4) concerning exposure to asbestos dust, the Committee requests the Government to provide information regarding the implementation in law and practice of the Convention in relation to workers who are exposed to asbestos in workplaces even though they may not be working directly with it.

Article 6(3). Consultation with the health services in preparing emergency procedures. The Committee notes the Government’s indication that section 73 of Act No. 102/2009, as amended by Act No. 3/2014, approving the legal framework for the promotion of safety and health at work, provides for the participation of occupational health and safety services in formulating and developing emergency procedures, and that workers’ representatives have access to general information on the results of health monitoring. The Committee requests the Government to provide further information on the preparation of emergency procedures for work involving exposure to asbestos and to indicate whether such procedures were developed in consultation with the concerned workers’ representatives.

Article 14. Responsibility of manufacturers for the labelling of products containing asbestos. The Committee notes that while the Government indicates that Legislative Decree No. 101/2005 introduced regulations regarding the labelling of asbestos, the Decree does not specify details of the language used on the labels or where the responsibility lies for labelling. In this regard, the Committee refers the Government to Paragraph 20 of the Asbestos Recommendation, 1986 (No. 172), which provides guidance on labelling requirements for producers and suppliers of asbestos and manufacturers and suppliers of products containing asbestos. The Committee requests the Government to provide information on the measures taken in law and practice to ensure that producers and suppliers of asbestos and manufacturers and suppliers of products containing asbestos are made responsible for adequate labelling of the container and, where appropriate, the products.

Articles 20 and 21. Occasional exposure to asbestos. Measurement of the concentration of airborne asbestos dust in workplaces and medical examinations. With reference to its previous comments, the Committee notes the Government’s indication that Legislative Decree No. 266/2007, on the protection of workers from the risks related to exposure to asbestos at work, is applicable to all sectors of activity. It requires that the Authority for Working Conditions (ACT) must be notified of all cases of activities in which workers are exposed to asbestos. However, the Government indicates that pursuant to section 23 of the Decree, it is possible to exclude the application of certain of the Decree’s provisions to workers performing specific tasks, such as air-quality monitoring or the collection of samples to detect the presence of asbestos in a given material, during which they are sporadically exposed to a concentration of airborne asbestos fibres not exceeding a certain maximum limit value. These provisions are section 3 (on notification), section 11 (on the establishment and implementation of the workplan), section 19 (on health surveillance), section 20 (on the results of health monitoring), section 21 (on the registration and filing of documents) and section 22 (on the keeping of records and files). The Committee requests the Government to provide information on the manner in which the concept of “sporadic exposure to asbestos” is defined and to indicate the criteria distinguishing between sporadic and regular exposure to asbestos under the national legislation. The Committee requests the Government to provide detailed statistics in relation to notifications made to the ACT including in relation to both permanent or sporadic exposure. It also requests the Government to indicate the measures taken or envisaged to ensure: that employers measure the concentration of airborne asbestos dust in the workplace and monitor the exposure of workers to asbestos; and that workers occasionally exposed to asbestos are provided with medical examinations, in line with Article 21(1) of the Convention.

Application in practice. The Committee notes the statistical data provided by the Government concerning the number of notifications regarding measures introduced and the number of contraventions identified in relation to asbestos between 2009 and 2013. It also notes the data provided on illnesses directly resulting from exposure to asbestos between 2007 and 2012. The Committee requests the Government to provide detailed information on measures taken to investigate the causes of the cases of asbestosis and mesothelioma identified. It requests the Government to continue to provide detailed information on the application of the Convention in practice, including statistics on the number of workers exposed to asbestos in their workplace, the number, nature and cause of cases of occupational disease reported and the activities carried out by the labour inspection services to enforce the relevant legislation.

[The Government is asked to reply in detail to the present comments in 2017.]

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the observations of the General Confederation of Portuguese Workers – National Trade Unions (CGTP–IN) and the General Workers’ Union (UGT), communicated with the Government’s report.

Article 3 of the Convention. Policy on safety and health in mines. The Committee notes from the Government’s report that a National Strategy for Geological Resources – Mineral Resources (ENRG–RM) was adopted in 2012. This National Strategy sets out strategic goals, incorporated in an Action Plan to be implemented by 2020, which include the protection of workers’ safety and health, the promotion of adequate working conditions and social protection and the elimination or minimization of safety risks in mines and quarries that are abandoned or considered potentially dangerous. The Committee requests the Government to provide further information on the specific measures taken to achieve the objectives set out in the National Strategy and the Action Plan related to occupational safety and health. It also requests the Government to indicate the employers’ and workers’ organizations consulted in formulating the National Strategy and the Action Plan, how these consultations have been carried out and the results thereof.

Articles 5(1) and 16(b). Competent authority responsible for monitoring and regulating the various aspects of safety and health in mines. With reference to its previous comments, the Committee notes the Government’s indication that the Directorate-General of Energy and Geology (DGEG), under the Ministry of the Environment, Spatial Planning and Energy, is still responsible for the monitoring of the extractive sector, while the Working Conditions Authority (ACT), under the Ministry of Solidarity, Employment and Social Security, still supervises compliance with labour standards and occupational safety and health legislation. It also notes that in 2010 the DGEG and the ACT concluded a cooperation agreement with a view to increasing the effectiveness of inspection visits, evaluating safety and health plans and ensuring the exchange of information between the two entities, particularly on matters relating to occupational accidents. The Committee requests the Government to continue to provide information on coordination and cooperation between the DGEG and the ACT as regards the regulation and monitoring of the various aspects of safety and health in mines.

Article 7(c). Measures to maintain ground stability. The Committee notes the information provided by the Government concerning the interpretation of section 69 of Legislative Decree No. 162/90 approving the General Regulations on Safety and Health at Work in Mines, which states that mining operations must be protected by appropriate support structures, and that where experience confirms that the ground is solid, such support structures may be dispensed with, provided that appropriate monitoring is carried out. In this respect, the Government provides information on the methods and materials to maintain the stability of the ground in the application and interpretation of section 69. The Government indicates that although these methods are not explicitly referred to in the current legislation, inspection services consider them to be safe and reliable. It adds that one of the priorities of inspection services is to verify ground stability of worksites and access areas. In its observations, the CGTP–IN points to the lack of national provisions giving effect to Article 7(c) of the Convention. The Committee requests the Government to indicate the measures, taken or envisaged, to ensure that employers have a legal obligation to take steps to maintain the stability of the ground in areas to which persons have access in the context of their work.

Articles 7(i) and 8. Evacuation of workers to a safe location in case of serious danger to their safety and health. Emergency response plan. The Committee takes note of the observations of the CGTP–IN stating that the national legislation does not comply with the requirements of the Convention with regard to measures aimed at ensuring the rapid and safe evacuation of workers in the event of danger. The Committee requests the Government to provide its comments in respect of the observations made by the CGTP–IN.

Article 10(a). Training and instruction of miners. With reference to its previous comments, in which it noted the Government’s statement that considerable improvements had been achieved in the training and instruction of miners, the Committee notes the general information provided by the Government on the training of workers on safety and health matters. The Committee also notes the observations of the UGT in which it refers to ACT statistics on the number of work-related accidents and fatalities and identifies the lack of vocational training of miners as one of the causes of such accidents. The Committee requests the Government to give particulars of the practical measures taken and procedures established to ensure that employers in the mining sector provide, at no cost, adequate training and retraining as well as comprehensible instructions on safety and health matters and on the work assigned to workers.

Articles 10(c) and 13(1)(e). System whereby the names and location of persons underground can be known. Right of workers to remove themselves from any dangerous location. The Committee notes the information provided by the Government in its report in reply to its previous comments regarding the effect given to: Article 10(c) of the Convention on the establishment of a system whereby the names and location of persons underground can be known; and Article 13(1)(e) on the right of workers to remove themselves from any location posing a serious danger to their safety or health. The Committee requests the Government to continue to provide information on the application of these provisions in practice.

Article 13(1)(f). Right of workers to collectively select safety and health representatives. Mines and quarries of less than 50 employees. The Committee notes that pursuant to section 176 of Legislative Decree No. 162/90, occupational safety and health committees, including members elected by workers, shall be set up in mines and quarries of 50 or more workers. The Committee requests the Government to indicate how it is ensured that workers employed in mines of less than 50 workers have a right to collectively select safety and health representatives and to provide information on the procedures established for their selection.

Article 13(2)(b), (c), (e) and (f). Rights of safety and health representatives in mines. The Committee notes that according to the CGTP–IN, the rights listed in Article 13(2)(b), (c), (e) and (f) of the Convention are not guaranteed by the national legislation. The Committee once again requests the Government to give full particulars of the measures taken to ensure, in law and in practice, that safety and health representatives have the right to: participate in inspections and investigations conducted by the employer and by the competent authority at the workplace (Article 13(2)(b)(i)); monitor and investigate safety and health matters (Article 13(2)(b)(ii)); have recourse to advisers and independent experts (Article 13(2)(c)); consult with the competent authority (Article 13(2)(e)); and receive notices of accidents and dangerous occurrences (Article 13(2)(f)).

Application in practice. The Committee takes note of the observations of the UGT that in the mining sector, 1,674 work-related accidents and five fatalities were registered in 2010, while during the 2012–13 period, seven fatal accidents were reported. The UGT points at the widespread failure to comply with safety and security regulations and identifies several causes for these accidents, including labour-intensive work and long working hours, absence of collective and individual security measures to protect miners and lack of monitoring of working conditions in this sector. The Committee notes that, while the Government has provided statistical data in relation to workplace health and safety generally, the data is not disaggregated by sector. The Committee requests the Government to provide its comments in respect of the observations made by the UGT. It also requests the Government to give a general appreciation of the manner in which the Convention is applied in practice, including information specifically relating to the mining sector, on the number of workers covered by the relevant legislation, activities carried out by inspection services, statistics on work-related accidents and diseases in the mining sector (number, nature and causes) and information on measures, taken or envisaged, to address the causes of such accidents and diseases.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the observations of the General Workers’ Union (UGT) and the General Confederation of Portuguese Workers–National Trade Unions (CGTP–IN), communicated with the Government’s report.

Article 5 of the Convention. Medical examinations necessary to evaluate exposure and supervise the state of health in relation to occupational hazards. The Committee notes the observations of the UGT which reiterate that, in view of the fact that many diagnosed cancers are occupational in origin but are not reported as such, an effective campaign must be conducted in order to raise awareness of general practitioners and family doctors with regard to prompt diagnosis of cancers with occupational origins by incorporating screening for certain types of cancers into their examination procedures. The Committee also notes the observations of the CGTP-IN according to which special health monitoring is only provided to workers whose medical examinations have revealed the existence of hazards and that the legislation does not provide for special examinations aimed at assessing the effects of exposure to specific hazards or for continued examination following termination of employment. In this regard, the Committee notes the Government’s indication that, pursuant to section 12 of Legislative Decree No. 301/2000, regulating workers’ protection against hazards associated with carcinogenic or mutagenic agents at work, employers are required to ensure the monitoring of the health of workers for whom hazards have been identified by means of health examinations upon recruitment and then on a regular or occasional basis. The Government indicates that family doctors are tasked with carrying out regular health checks, after termination of employment, for workers exposed to occupational hazards, including exposure to carcinogenic agents. The Committee requests the Government to take all appropriate measures to ensure that the necessary medical examinations or biological or other tests or investigations are guaranteed to all workers likely to be exposed to occupational hazards, both during the period of employment and thereafter. In this regard, it requests the Government to provide further information on the manner in which it is ensured that medical examinations, aimed at supervising the health of workers exposed to occupational hazards after termination of employment, are effectively carried out.

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

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

Article 1 of the Convention. Medical examinations. Type and frequency of medical examinations. The Committee notes that section 13 of legislative Decree No. 222/2008, to which reference was made in its observation, regulates this question. Noting that paragraph 1 of this section of the Decree not only regulates employers’ responsibilities in this respect but also provides for the possibility to attribute responsibility to certain specialized institutions to monitor the health of workers exposed to radiation based on criteria to be established by decree, the Committee requests the Government to provide information on all relevant laws and regulations in this respect as well as their application in practice, and to indicate the frequency of medical examinations.

Article 8. Workers not directly engaged in radiation work but who remain in or pass where they may be exposed to ionizing radiation. The Committee requests the Government to provide information regarding the dose limits determined in application of Article 6 for the workers covered by this Convention.

Article 14. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. Recalling paragraphs 28 to 34 and 35(d) of its 1992 general observation on the Convention, which recommends establishing the possibility of alternative employment or social security measures for all workers who have accumulated an effective dose beyond which detriment considered unacceptable may occur, the Committee requests the Government to provide information on the measures taken to allow workers to maintain their income through alternative employment or social security measures, when exposure, for medical reasons, is inadvisable.

Part V of the report form. Application in practice. The Committee requests the Government to indicate the manner in which the Convention is applied in the country, including information on the number of workers covered as well as on the activities of the labour inspectorate in this sector.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

Legislation. The Committee notes that the Government has supplied a long list of items of legislation adopted during the reporting period. In order to have a better understanding of the impact of these changes on the application of the Convention, the Committee needs precise and up-to-date information on the manner in which the new legislation gives effect to the Convention. The Committee therefore requests the Government to communicate a detailed report indicating the legislative, regulatory and other provisions, and their relevant sections, which give effect to each of the Articles of the Convention. It also requests the Government to provide answers to the following questions.

Article 2(2) of the Convention. Limitation of duration of exposure. With reference to its previous comment the Committee notes that, according to the report, the methods applied to limit the duration of exposure are intervention in the case of a complaint, proactive intervention and particular attention to exposure to asbestos. The Committee notes, however, that the information supplied by the Government does not refer to measures aimed at reducing the number of workers exposed to carcinogenic substances or agents or to the duration or degree of such exposure, as provided for by this provision of the Convention. It hopes that the Government will take the necessary steps in the near future to reduce to a minimum the number of workers exposed to carcinogenic substances or agents (and not only to asbestos), and also the duration and degree of such exposure. The Government is requested to supply information in its next report on the progress made in this respect. The Committee requests the Government in particular to supply more detailed information on chemical agents in the working environment, including in agriculture, and to indicate the steps taken or contemplated to reduce the duration of workers’ exposure to carcinogenic substances other than chemical agents to the minimum compatible with safety.

Article 3. Measures to be taken to protect workers and the establishment of a system of records. The Committee notes that, according to the General Workers’ Union (UGT), it is vitally important to raise the awareness of family doctors with regard to occupational cancer, in order to facilitate the establishment of a causal link between a diagnosed cancer and its possible occupational origin, in view of the fact that many diagnosed cancers are occupational in origin but are not regarded as such. In this context the Committee draws the Government’s attention to the fact that the list of occupational diseases, attached to the List of Occupational Diseases Recommendation, 2002 (No. 194), was revised in 2010. The Committee requests the Government to supply comments on this matter and send information on the steps taken to protect workers against the risks of exposure to carcinogenic substances or agents and to establish an appropriate system of records.

Article 4. Information for workers. The Committee notes that the UGT states that the question of available information on risks arising from carcinogenic substances is of vital importance, particularly for small and medium-sized enterprises (SMEs). The UGT considers that this issue should be given clear effect in the national occupational safety and health policy. The Committee requests the Government to supply detailed information on the implementation of this Article, including in SMEs.

Article 5. Medical examinations after termination of employment. In its previous comments the Committee asked the Government to indicate the measures taken or contemplated to ensure that workers who have developed an identifiable disease or serious symptom are provided before, during and after their employment with the medical or biological examinations or other tests or investigations necessary for supervising their state of health in relation to the occupational hazards, pursuant to this Article of the Convention. The Committee notes the Government’s statement in its report that Act No. 35/2004 of 29 July 2004, which implements Act No. 99/2003, has tacitly repealed certain provisions, such as Legislative Decree No. 109/2000, to which the Government referred in its previous report. However, the report does not contain any reply to the questions asked by the Committee. The Committee again requests the Government to indicate the measures taken or contemplated to ensure that workers who have developed an identifiable disease or serious symptom are provided before, during and after their employment with medical or biological examinations or other tests or investigations necessary for supervising their state of health in relation to the occupational hazards, pursuant to this Article of the Convention. It also requests the Government to indicate the legislative provisions which give effect to this Article of the Convention.

Part IV of the report form. Application in practice. The Committee requests the Government to provide general information on the manner in which the Convention is applied in the country, including extracts from inspection reports and, if such statistics are available, information concerning the number of workers covered by the legislation, the number and nature of infringements reported, the number, nature and cause of cases of occupational disease, etc.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

Legislation. The Committee notes that the following legislation was adopted during the period covered by the report: Legislative Decree No. 46/2006, transposing Directive 2002/44/EC on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (vibration); Legislative Decree No. 182/2006, transposing Directive 2003/10/EC on the minimum health and safety requirements regarding the exposure of workers arising from physical agents (noise); Legislative Decree No. 9/2007 of 17 January 2007, approving the general regulations on noise, as amended by Legislative Decree No. 278 of 1 August 2007; Act No. 37/2007 on involuntary exposure to tobacco; and Act No. 7/2009 of 12 February 2009, which approves the revision of the Labour Code and keeps in force the provisions of the 2003 Labour Code and of Act No. 35/2004 of 29 July 2004 on occupational safety and health, which will be repealed with the entry into force of the Act regulating this subject. The Committee requests the Government to supply information on the main changes introduced by the new legislation relating to the subject matter covered by the Convention.

Article 1(1) of the Convention. Scope. Agriculture. With reference to its previous comments, the Committee notes that the Government reiterates that all general legislation relating to occupational safety and health, and also the specific legislation giving effect to the Convention apply to agriculture. The Committee requests the Government to supply precise information relating to any legislation giving effect to the present Convention in agriculture and relating to its application in practice.

Article 1(3). Scope. Fishing boats. With reference to its previous comments, the Committee notes the Government’s statement to the effect that Legislative Decree No. 116/97 of 12 May 1997 and Ordinance (portaria) No. 356/98 of 24 June 1998 ensure the application of the Convention to fishing boats. The Committee requests the Government to supply information on the application of the Convention to fishing boats, in law and in practice.

Article 8(1) and (3). Criteria and exposure limits, regular revision of criteria. The Committee notes the information supplied by the Government. The Committee requests the Government to indicate the exposure limits for noise in the workplace and the legislative instruments which indicate these values. It also requests the Government to describe the procedures by which the established criteria and exposure limits for air pollution, noise and vibration are regularly supplemented and revised at national level.

Article 9. Technical measures and supplementary organizational measures. In its previous comments the Committee asked the Government to supply information on the supplementary organizational and preventive measures planned for eliminating any risk due to air pollution and noise in the working environment. The Government indicates that Legislative Decree No. 182/2006 provides for the elimination of the source or the reduction of risks resulting from exposure to noise, the provision of protective equipment, the reduction of noise to the lowest possible levels and, in any case, below the exposure limits. The Committee requests the Government to continue to supply information on the application of this Article.

Part III of the report form. Judicial decisions. The Committee notes two judicial decisions communicated by the Government. In Case No. 4833/2004-5, the Appeal Court in Lisbon confirms the decision of the Regional Directorate of Trade, Industry and Energy imposing a penalty on a concrete manufacturing company for, inter alia, failing to adopt measures for the protection of workers against the risk of exposure to noise during work, as requested by the Regional Directorate. In Case No. 08B3962, the Supreme Court of Justice, without referring specifically to noise or vibration, refers to the “culpable and illicit omission of a company” for refusing to assign a worker to a different post for medical reasons. The Committee requests the Government to continue to send copies of any relevant court decisions.

Part IV of the report form. Application in practice. The Committee requests the Government to supply information on any problems identified by the labour inspectorate in relation to the matters covered by the Convention and on the steps taken to rectify those problems. The Committee also requests the Government to continue to supply information on the application of the Convention in practice, particularly information on the number of workers covered by the relevant legislation, if possible disaggregated by sex, and also on the number and nature of infringements reported.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes the joint observations made by the International Organisation of Employers (IOE) and the Confederation of Portuguese Industry (CIP) on the application of the Convention, received on 1 September 2014. The Committee requests the Government to provide its comments in this respect. Furthermore, the Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

Articles 1, 2 and 15(2) of the Convention. Exposure to asbestos at work. With reference to Legislative Decree No. 266/2007 mentioned in its observation, the Committee notes that, even though the Decree applies to all activities or operations in which workers are exposed or are likely to be exposed to asbestos, section 23 appears to suggest that there is the possibility of certain provisions of the Decree not being applied to workers who are exposed occasionally to a low concentration of asbestos. The Committee recalls that, under Article 1, the Convention applies to all activities involving exposure of workers to asbestos in the course of work. Exposure to asbestos is defined in Article 2(e) as “exposure at work to airborne, respirable asbestos fibres or asbestos dust, whether originating from asbestos or from minerals, materials or products containing asbestos”. The Committee therefore requests the Government to supply detailed information on the manner in which it ensures, in law and in practice, the full application of the Convention in the context of work involving occasional low-intensity exposure, as defined in section 23 of Legislative Decree No. 266/2007 and, in particular, with regard to Articles 1, 2, 8, 15(3), 20 and 21 of the Convention.

Article 6(3). Consultation with the health services in preparing emergency procedures. Article 14. Responsibility of manufacturers for the labelling of products containing asbestos. Article 22(3). Training. The Committee notes that the Government has not supplied the information requested in its previous direct request. The Committee requests the Government to provide information on the application of these provisions, in law and in practice.

Article 21(4). Maintaining the income of workers assigned to other work for medical reasons. The Committee requests the Government to supply information on the measures taken to maintain the income of workers for whom exposure to asbestos is found to be medically inadvisable.

Part V of the report form. Application in practice. The Committee requests the Government to provide general information on the application of the Convention in practice in the country, attaching extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the legislation, the number and nature of infringements reported, the number of occupational diseases reported as being caused by asbestos, etc.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments which read as follows:

Repetition

Article 1(1) of the Convention. Scope of application: agricultural sector. In its previous comments, the Committee noted the information provided by the Government that, pursuant to Council of Ministers Resolution No. 105/2004, the review of the occupational safety and health legislation applicable to the agricultural sector was to be completed by the end of October 2004. The Committee notes that the Government has not provided information concerning the legislation. Noting that, according to the Government’s report, the occupational safety and health legislation is applicable to all workers, thereby ensuring the application of the Convention to agricultural workers, the Committee requests the Government to provide information on the legislation which gives effect to the Convention with regard to agricultural workers.

Application of the Convention in practice. The Committee notes the statistics provided by the Government, the judicial decisions concerning occupational accidents and the 2009 Operational Programme of the authority for working conditions. The Committee requests the Government to continue providing information on the application of the Convention in practice and to include summaries of the judicial decisions communicated, indicating, where possible, the Articles of the Convention relating to the decisions communicated.

[The Government is asked to reply in detail to the present comments in 2015.]

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Follow-up to the recommendations of the tripartite committee (representation made under article 24 of the Constitution of the ILO)

The Committee notes that the Governing Body at its 319th Session, in October 2013, approved the report of the tripartite committee set up to examine the representation made by the Occupational Association of Professional Police Officers (ASPP/PSP) under article 24 of the ILO Constitution, alleging non-observance by Portugal of the Occupational Safety and Health Convention, 1981 (No. 155) (GB.319/INS/14/8). The Governing Body entrusted the Committee with following up on effect given to the conclusions of the report with respect to the application of Convention No. 155.

The Committee therefore requests the Government to provide information on the measures taken, in consultation with the social partners, to ensure the effective application of Convention No. 155 with regard to the Public Security Police (PSP), in law and in practice, in particular Articles 4, 8, 9, 16, 19(c) and (d), and 20. This should include measures to ensure the review of the situation regarding the occupational safety and health and the working environment of the PSP, taking into account their specificities, in accordance with Article 7 of Convention No. 155, with a view to identifying major problems, evolving effective methods for dealing with them and priorities of action, and evaluating results.

Representation made under article 24 of the Constitution of the ILO by the Union of Labour Inspectors (SIT)

The Committee also notes that a representation made under article 24 of the Constitution of the ILO was presented to the Governing Body by the Union of Labour Inspectors (SIT) alleging non-observance by Portugal of the Labour Inspection Convention, 1947 (No. 81), the Labour Inspection (Agriculture) Convention, 1969 (No. 129), and the Occupational Safety and Health Convention, 1981 (No. 155). At its 319th Session (October 2013), the Governing Body decided that the representation was receivable and appointed a tripartite committee to examine it (GB.319/INS/15/6). The representation is currently under examination.

Other matters relating to the application of the Convention

The Committee further notes the joint observations made by the International Organisation of Employers (IOE) and the Confederation of Portuguese Industry (CIP) on the application of the Convention, received on 1 September 2014, according to which Legislative Decree No. 126-C/2011 disestablished the National Council on Occupational Safety and Health, which was responsible for the evaluation of the National Occupational Safety and Health Strategy, and established the National Council for Solidarity, Social Insurance, Family, Rehabilitation and Volunteering policies. In this regard, the CIP highlights that it asked the Government to provide details on this new Council, namely with regard to its functions and responsibilities. The Committee requests the Government to provide its comments in this respect.

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous comments.

The Committee notes the National Occupational Safety and Health Strategy (SST) for the period 2008–12, which defines two key priorities: the development of coherent and effective public policies and the promotion of occupational safety and health (OSH). The strategy also sets the following ten objectives: (1) develop and strengthen a culture of prevention in accordance with the provisions of the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187); (2) improve the information systems and create a single model for the monitoring of occupational accidents; (3) include occupational safety and health systems in education; (4) boost the national occupational hazard prevention system; (5) improve the coordination of the competent public services; (6) enforce, improve and simplify the specific occupational safety and health standards; (7) implement the organizational model of the authority responsible for working conditions which brings together the promotion of occupational safety and health and labour inspection; (8) promote the application of the occupational safety and health legislation, in particular small and medium-sized enterprises; (9) improve occupational safety and health services; and (10) strengthen the role of the social partners in improving occupational safety and health conditions. Noting that objective 6 of the strategy includes the intention to ratify the Safety and Health in Construction Convention, 1988 (No. 167), the Safety and Health in Agriculture Convention, 2001 (No. 184), as well as the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), the Committee refers to the plan of action to achieve widespread ratification and effective implementation of the occupational safety and health instruments (Convention No. 155, its 2002 Protocol and Convention No. 187), adopted by the Governing Body in March 2010, and draws the Government’s attention to the possibility of requesting technical assistance from the Office in the context of the plan of action in order to achieve these objectives in the best possible conditions. Noting also that the strategy provides for an interim assessment as well as a final assessment of the implementation of the strategy, the Committee requests the Government to provide a copy of these assessments once finalized.

Article 4(1) of the Convention. National policy on occupational safety and health. The Committee notes the comments of the General Workers Union (UGT) attached to the Government’s report, as well as the Government’s reply. According to the UGT, most of the agreements concluded with the social partners, and included in the national action plan on prevention adopted in 2001, have not been implemented. The UGT hopes that the national occupational safety and health strategy will be a critical instrument that will lead to a thorough reworking of the OSH framework, which it regards as lacking. However, the UGT maintains that gaps and shortcomings persist and that the National Health Service is failing to fulfil its responsibilities to protect and monitor the health of workers. Furthermore, according to the UGT, although Portugal has a system of statistics on occupational accidents and diseases, the data are not up to date and are not reliable. For example, in the case of occupational accidents, there are several statistical sources but none are up to date. With regard to occupational diseases, the UGT indicates that the number of cases reported is lower than the reality. According to the Government, the alleged failings in the National Health Service were due to the lack of occupational physicians but this problem has now been solved by Decree No. 176/2009 establishing a degree course in occupational medicine. With regard to the statistics, it indicates that the Portuguese Insurance Institute (ISP) is responsible for compiling, processing and publishing statistics. The Government indicates that the type of data collected and points out that the statistics compiled are available on the ISP’s website (www.isp.pt). With regard to occupational diseases, the Government indicates that cases are published in an annual report on occupational diseases. With regard to the allegations made concerning the inadequacy of the statistics especially in relation to under-reporting, the Government indicates that this is a wider problem which requires the coordination of several bodies, such as the labour inspectorate, the occupational safety and health services within enterprises and the National Health Service. The Government also indicates that some physicians are not aware of the obligation to report cases. It indicates that a project to systematize statistics is being considered and that the country is participating in a European project on statistics of occupational diseases. Noting the matters raised by the UGT and the efforts made to overcome them reported by the Government, the Committee recalls that, under Article 4 of the Convention, the Government, in consultation with the social partners, should formulate, implement and periodically review its national policy on occupational safety and health (see also the General Survey of 2009 on occupational health and safety, paragraph 55). Regular review is a crucial step in ensuring that the effectiveness of implementation is assessed and areas for future improvement are identified. The Committee notes that the National Occupational Safety and Health Strategy for the period 2010–12 provides for an interim assessment as well as a final assessment, which fulfils the requirements of review contained in Article 4. The Committee therefore requests the Government to review, in consultation with the social partners, the matters raised by the UGT (especially the failure of the National Health Service to monitor the health of workers, failure to update statistics and reporting failures) in the context of the interim assessment of the strategy, to take all further steps that are necessary to facilitate the implementation of its national policy and to provide information in this regard.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

[The Government is asked to reply in detail to the present comments in 2015.]

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

Legislation. The Committee notes that the Government has supplied a long list of items of legislation adopted during the reporting period. In order to have a better understanding of the impact of these changes on the application of the Convention, the Committee needs precise and up-to-date information on the manner in which the new legislation gives effect to the Convention. The Committee therefore requests the Government to communicate a detailed report indicating the legislative, regulatory and other provisions, and their relevant sections, which give effect to each of the Articles of the Convention. It also requests the Government to provide answers to the following questions.

Article 2(2) of the Convention. Limitation of duration of exposure. With reference to its previous comment the Committee notes that, according to the report, the methods applied to limit the duration of exposure are intervention in the case of a complaint, proactive intervention and particular attention to exposure to asbestos. The Committee notes, however, that the information supplied by the Government does not refer to measures aimed at reducing the number of workers exposed to carcinogenic substances or agents or to the duration or degree of such exposure, as provided for by this provision of the Convention. It hopes that the Government will take the necessary steps in the near future to reduce to a minimum the number of workers exposed to carcinogenic substances or agents (and not only to asbestos), and also the duration and degree of such exposure. The Government is requested to supply information in its next report on the progress made in this respect. The Committee requests the Government in particular to supply more detailed information on chemical agents in the working environment, including in agriculture, and to indicate the steps taken or contemplated to reduce the duration of workers’ exposure to carcinogenic substances other than chemical agents to the minimum compatible with safety.

Article 3. Measures to be taken to protect workers and the establishment of a system of records. The Committee notes that, according to the General Workers’ Union (UGT), it is vitally important to raise the awareness of family doctors with regard to occupational cancer, in order to facilitate the establishment of a causal link between a diagnosed cancer and its possible occupational origin, in view of the fact that many diagnosed cancers are occupational in origin but are not regarded as such. In this context the Committee draws the Government’s attention to the fact that the list of occupational diseases, attached to the List of Occupational Diseases Recommendation, 2002 (No. 194), was revised in 2010. The Committee requests the Government to supply comments on this matter and send information on the steps taken to protect workers against the risks of exposure to carcinogenic substances or agents and to establish an appropriate system of records.

Article 4. Information for workers. The Committee notes that the UGT states that the question of available information on risks arising from carcinogenic substances is of vital importance, particularly for small and medium-sized enterprises (SMEs). The UGT considers that this issue should be given clear effect in the national occupational safety and health policy. The Committee requests the Government to supply detailed information on the implementation of this Article, including in SMEs.

Article 5. Medical examinations after termination of employment. In its previous comments the Committee asked the Government to indicate the measures taken or contemplated to ensure that workers who have developed an identifiable disease or serious symptom are provided before, during and after their employment with the medical or biological examinations or other tests or investigations necessary for supervising their state of health in relation to the occupational hazards, pursuant to this Article of the Convention. The Committee notes the Government’s statement in its report that Act No. 35/2004 of 29 July 2004, which implements Act No. 99/2003, has tacitly repealed certain provisions, such as Legislative Decree No. 109/2000, to which the Government referred in its previous report. However, the report does not contain any reply to the questions asked by the Committee. The Committee again requests the Government to indicate the measures taken or contemplated to ensure that workers who have developed an identifiable disease or serious symptom are provided before, during and after their employment with medical or biological examinations or other tests or investigations necessary for supervising their state of health in relation to the occupational hazards, pursuant to this Article of the Convention. It also requests the Government to indicate the legislative provisions which give effect to this Article of the Convention.

Part IV of the report form. Application in practice. The Committee requests the Government to provide general information on the manner in which the Convention is applied in the country, including extracts from inspection reports and, if such statistics are available, information concerning the number of workers covered by the legislation, the number and nature of infringements reported, the number, nature and cause of cases of occupational disease, etc.

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

Legislation. The Committee notes that the following legislation was adopted during the period covered by the report: Legislative Decree No. 46/2006, transposing Directive 2002/44/EC on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (vibration); Legislative Decree No. 182/2006, transposing Directive 2003/10/EC on the minimum health and safety requirements regarding the exposure of workers arising from physical agents (noise); Legislative Decree No. 9/2007 of 17 January 2007, approving the general regulations on noise, as amended by Legislative Decree No. 278 of 1 August 2007; Act No. 37/2007 on involuntary exposure to tobacco; and Act No. 7/2009 of 12 February 2009, which approves the revision of the Labour Code and keeps in force the provisions of the 2003 Labour Code and of Act No. 35/2004 of 29 July 2004 on occupational safety and health, which will be repealed with the entry into force of the Act regulating this subject. The Committee requests the Government to supply information on the main changes introduced by the new legislation relating to the subject matter covered by the Convention.

Article 1(1) of the Convention. Scope. Agriculture. With reference to its previous comments, the Committee notes that the Government reiterates that all general legislation relating to occupational safety and health, and also the specific legislation giving effect to the Convention apply to agriculture. The Committee requests the Government to supply precise information relating to any legislation giving effect to the present Convention in agriculture and relating to its application in practice.

Article 1(3). Scope. Fishing boats. With reference to its previous comments, the Committee notes the Government’s statement to the effect that Legislative Decree No. 116/97 of 12 May 1997 and Ordinance (portaria) No. 356/98 of 24 June 1998 ensure the application of the Convention to fishing boats. The Committee requests the Government to supply information on the application of the Convention to fishing boats, in law and in practice.

Article 8(1) and (3). Criteria and exposure limits, regular revision of criteria. The Committee notes the information supplied by the Government. The Committee requests the Government to indicate the exposure limits for noise in the workplace and the legislative instruments which indicate these values. It also requests the Government to describe the procedures by which the established criteria and exposure limits for air pollution, noise and vibration are regularly supplemented and revised at national level.

Article 9. Technical measures and supplementary organizational measures. In its previous comments the Committee asked the Government to supply information on the supplementary organizational and preventive measures planned for eliminating any risk due to air pollution and noise in the working environment. The Government indicates that Legislative Decree No. 182/2006 provides for the elimination of the source or the reduction of risks resulting from exposure to noise, the provision of protective equipment, the reduction of noise to the lowest possible levels and, in any case, below the exposure limits. The Committee requests the Government to continue to supply information on the application of this Article.

Part III of the report form. Judicial decisions. The Committee notes two judicial decisions communicated by the Government. In case No. 4833/2004-5, the Appeal Court in Lisbon confirms the decision of the Regional Directorate of Trade, Industry and Energy imposing a penalty on a concrete manufacturing company for, inter alia, failing to adopt measures for the protection of workers against the risk of exposure to noise during work, as requested by the Regional Directorate. In case No. 08B3962, the Supreme Court of Justice, without referring specifically to noise or vibration, refers to the “culpable and illicit omission of a company” for refusing to assign a worker to a different post for medical reasons. The Committee requests the Government to continue to send copies of any relevant court decisions.

Part IV of the report form. Application in practice. The Committee requests the Government to supply information on any problems identified by the labour inspectorate in relation to the matters covered by the Convention and on the steps taken to rectify those problems. The Committee also requests the Government to continue to supply information on the application of the Convention in practice, particularly information on the number of workers covered by the relevant legislation, if possible disaggregated by sex, and also on the number and nature of infringements reported.

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

Further to its observation, the Committee requests the Government to provide additional information on the following points.

Article 1(1) of the Convention. Scope of application: agricultural sector. In its previous comments, the Committee noted the information provided by the Government that, pursuant to Council of Ministers Resolution No. 105/2004, the review of the occupational safety and health legislation applicable to the agricultural sector was to be completed by the end of October 2004. The Committee notes that the Government has not provided information concerning the legislation. Noting with interest that, according to the Government’s report, the occupational safety and health legislation is applicable to all workers, thereby ensuring the application of the Convention to agricultural workers, the Committee requests the Government to provide information on the legislation which gives effect to the Convention with regard to agricultural workers. Referring to its observation, the Committee requests the Government to continue providing information on any developments relating to its stated intention to ratify the Safety and Health in Agriculture Convention, 2001 (No. 184).

Part V of the report form. Application in practice. The Committee notes the statistics provided by the Government, the judicial decisions concerning occupational accidents and the 2009 Operational Programme of the authority for working conditions. The Committee requests the Government to continue providing information on the application of the Convention in practice and to include summaries of the judicial decisions communicated, indicating, where possible, the Articles of the Convention relating to the decisions communicated.

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

Further to its observation, the Committee requests the Government to provide additional information on the following points.

Article 1(1) of the Convention. Exposure to asbestos at work. Communication from the General Union of Workers (UGT). The Committee notes that, according to the UGT, Recommendation No. 24/2003 of the Assembly of the Republic provides for the compilation of a list of public buildings which contain asbestos, with a view to its replacement and that the Government has not yet implemented this recommendation. The Government indicates however, that the compilation of such a list is provided for in the National Occupational Safety and Health Strategy for 2008–10. While welcoming the fact that the strategy incorporates this issue, the Committee recalls that the Convention applies to all activities involving exposure of workers to asbestos in the course of work. According to the information in the Committee’s possession, the situation mentioned by the UGT does not appear to come under this definition and would therefore not be covered by the Convention.

Articles 1, 2 and 15(2). Exposure to asbestos at work. With reference to Legislative Decree No. 266/2007 mentioned in its observation, the Committee notes that, even though the Decree applies to all activities or operations in which workers are exposed or are likely to be exposed to asbestos, section 23 appears to suggest that there is the possibility of certain provisions of the Decree not being applied to workers who are exposed occasionally to a low concentration of asbestos. The Committee recalls that, under Article 1, the Convention applies to all activities involving exposure of workers to asbestos in the course of work. Exposure to asbestos is defined in Article 2(e) as “exposure at work to airborne, respirable asbestos fibres or asbestos dust, whether originating from asbestos or from minerals, materials or products containing asbestos”. The Committee therefore requests the Government to supply detailed information on the manner in which it ensures, in law and in practice, the full application of the Convention in the context of work involving occasional low-intensity exposure, as defined in section 23 of Legislative Decree No. 266/2007 and, in particular, with regard to Articles 1, 2, 8, 15(3), 20 and 21 of the Convention.

Article 6(3). Consultation with the health services in preparing emergency procedures. Article 14. Responsibility of manufacturers for the labelling of products containing asbestos. Article 22(3). Training. The Committee notes that the Government has not supplied the information requested in its previous direct request. The Committee requests the Government to provide information on the application of these provisions, in law and in practice.

Article 21(4). Maintaining the income of workers assigned to other work for medical reasons. The Committee requests the Government to supply information on the measures taken to maintain the income of workers for whom exposure to asbestos is found to be medically inadvisable.

Part V of the report form. Application in practice. The Committee requests the Government to provide general information on the application of the Convention in practice in the country, attaching extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the legislation, the number and nature of infringements reported, the number of occupational diseases reported as being caused by asbestos, etc.

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

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The Committee notes with satisfaction the National Occupational Safety and Health Strategy (SST) for the period 2008–12, which defines two key priorities: the development of coherent and effective public policies and the promotion of occupational safety and health (OSH). The strategy also sets the following ten objectives: (1) develop and strengthen a culture of prevention in accordance with the provisions of the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187); (2) improve the information systems and create a single model for the monitoring of occupational accidents; (3) include occupational safety and health systems in education; (4) boost the national occupational hazard prevention system; (5) improve the coordination of the competent public services; (6) enforce, improve and simplify the specific occupational safety and health standards; (7) implement the organizational model of the authority responsible for working conditions which brings together the promotion of occupational safety and health and labour inspection; (8) promote the application of the occupational safety and health legislation, in particular small and medium-sized enterprises; (9) improve occupational safety and health services; and (10) strengthen the role of the social partners in improving occupational safety and health conditions. Noting with interest that objective 6 of the strategy includes the intention to ratify the Safety and Health in Construction Convention, 1988 (No. 167), the Safety and Health in Agriculture Convention, 2001 (No. 184), as well as the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), the Committee refers to the plan of action to achieve widespread ratification and effective implementation of the occupational safety and health instruments (Convention No. 155, its 2002 Protocol and Convention No. 187), adopted by the Governing Body in March 2010, and draws the Government’s attention to the possibility of requesting technical assistance from the Office in the context of the plan of action in order to achieve these objectives in the best possible conditions. Noting also that the strategy provides for an interim assessment as well as a final assessment of the implementation of the strategy, the Committee requests the Government to provide a copy of these assessments once finalized.

Article 4(1) of the Convention. National policy on occupational safety and health. The Committee notes the comments of the General Workers Union (UGT) attached to the Government’s report, as well as the Government’s reply. According to the UGT, most of the agreements concluded with the social partners, and included in the national action plan on prevention adopted in 2001, have not been implemented. The UGT hopes that the national occupational safety and health strategy will be a critical instrument that will lead to a thorough reworking of the OSH framework, which it regards as lacking. However, the UGT maintains that gaps and shortcomings persist and that the National Health Service is failing to fulfil its responsibilities to protect and monitor the health of workers. Furthermore, according to the UGT, although Portugal has a system of statistics on occupational accidents and diseases, the data are not up to date and are not reliable. For example, in the case of occupational accidents, there are several statistical sources but none are up to date. With regard to occupational diseases, the UGT indicates that the number of cases reported is lower than the reality. According to the Government, the alleged failings in the National Health Service were due to the lack of occupational physicians but this problem has now been solved by Decree No. 176/2009 establishing a degree course in occupational medicine. With regard to the statistics, it indicates that the Portuguese Insurance Institute (ISP) is responsible for compiling, processing and publishing statistics. The Government indicates that the type of data collected and points out that the statistics compiled are available on the ISP’s website (www.isp.pt). With regard to occupational diseases, the Government indicates that cases are published in an annual report on occupational diseases. With regard to the allegations made concerning the inadequacy of the statistics especially in relation to under-reporting, the Government indicates that this is a wider problem which requires the coordination of several bodies, such as the labour inspectorate, the occupational safety and health services within enterprises and the National Health Service. The Government also indicates that some physicians are not aware of the obligation to report cases. It indicates that a project to systematize statistics is being considered and that the country is participating in a European project on statistics of occupational diseases. Noting the matters raised by the UGT and the efforts made to overcome them reported by the Government, the Committee recalls that, under Article 4 of the Convention, the Government, in consultation with the social partners, should formulate, implement and periodically review its national policy on occupational safety and health (see also the General Survey of 2009 on occupational health and safety, paragraph 55). Regular review is a crucial step in ensuring that the effectiveness of implementation is assessed and areas for future improvement are identified. The Committee notes that the National Occupational Safety and Health Strategy for the period 2010–12 provides for an interim assessment as well as a final assessment, which fulfils the requirements of review contained in Article 4. The Committee therefore requests the Government to review, in consultation with the social partners, the matters raised by the UGT (especially the failure of the National Health Service to monitor the health of workers, failure to update statistics and reporting failures) in the context of the interim assessment of the strategy, to take all further steps that are necessary to facilitate the implementation of its national policy and to provide information in this regard.

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

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

Article 1 of the Convention. Scope of application. Legislation. In its previous comments the Committee referred to Legislative Decree No. 284/89, which excluded maritime and air transport from the scope of the legislation protecting workers against the risks arising from exposure to asbestos in the course of their work. The Committee notes the adoption of Legislative Decree No. 266/2007 of 24 February 2007, transposing Directive 2003/18/EC of the European Parliament and of the Council amending Council Directive 83/477/EEC on the protection of workers from the risks related to exposure to asbestos at work. It notes with satisfaction that this Decree applies to all activities or operations in which workers are exposed or likely to be exposed to asbestos and that it explicitly repeals Legislative Decree No. 284/89.

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

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

Articles 5(1) and 16(b) of the Convention. Competent authority responsible for monitoring and regulating various aspects of safety and health in mines. Appropriate inspection services. The Committee notes with interest the organizational changes that appear to reinforce technical competency in the inspection of mines. It notes in this connection that in 2006, occupational safety and health underwent basic restructuring, as a result of which the body now responsible for promoting improvements in conditions of work and supervision is now the Working Conditions Authority. It further notes that in 2007, the Directorate General of Energy and Geology was established, which oversees energy and geological resources and safety and health in mines; and that it has administrative autonomy and is involved in administration of the State under the Ministry of the Economy and Innovation, the Basic Act of which was issued by Legislative Decree No. 208/2006 of 27 October. In this context, responsibility for labour inspection is now shared by the Ministry of the Economy and Innovation and the Ministry of Labour. In 2007, pursuant to Orders Nos 535/2007 and 566/2007 of 30 April, duties were allocated and the Supervision and Regional Coordination Division was established by a notice published in the Official Journal of 29 November 2007 and is in charge of mining support and oversight. The Committee requests the Government to continue to provide information on coordination between these bodies, including information on the sharing of mining inspection duties between the Working Conditions Authority and the Supervision and Regional Coordination Division, and on overall responsibility for matters such as decisions to close and reopen a mine, and on the results achieved through the practical application of this reform.

Article 7(c). Measures to maintain ground stability. With reference to its previous comments, the Committee notes that, according to the Government, sections 27 and 29 of Legislative Decree No. 88/90, read in conjunction with section 69 of Legislative Decree No. 162/90, ensure application of this provision. Section 69 refers to “ground sustenance”. However, bearing in mind that, when applied, these provisions may give rise to different interpretations, the Committee asks the Government to provide information on the manner in which full compliance with this obligation is ensured, to reconsider the matter when revising its national policy, and to examine, with the social partners, the possibility of giving effect in a more explicit manner to this provision of the Convention, and to provide information in this regard.

Article 7(d). Provision of two exits, each of which is connected to separate means of egress to the surface. With reference to its previous comments, the Committee notes that according to the Government, section 36 of Order No. 198/96 establishes that in all underground mines there must be at least two exits of solid and stable construction, and the five underground mines currently operating meet this requirement.

Article 7(e). Monitoring, assessment and regular inspection of mines, and Part V of the report form. Practical application. With reference to its previous comments, the Committee notes the information supplied by the Government to the effect that the legislation is applied in the five underground mines; that in the mining companies supervision is carried out by persons appointed by the technical director and by officers and miners under the supervision of the mines engineer; and that the services of specialized and certified companies is enlisted, and these submit their reports to the labour inspectorate on the latter’s request. As to opencast mines, Legislative Decree No. 270/2001 of 6 October introduced more stringent requirements on the qualifications of technical officers and made submission of a safety and health plan mandatory.

Article 8. Preparation of specific emergency response plans. The Committee notes that in replying to its previous comments, the Government states: that according to section 151 of Legislative Decree No. 162/90, companies must have their own risk assessment systems and that Legislative Decree No. 324/95 requires employers to draw up a safety and health plan before operations begin; that the competent departments of the Ministry of the Economy and Innovation must provide technical guidance for enterprises in preparing safety and health plans, which must contain intervention scenarios for the most serious incidents such as fires, floods and explosions, this provision being compulsory for all extraction work. In addition, section 33 of Order No. 198/96 of 4 June establishes that without prejudice to the provisions of section 3 of Legislative Decree No. 324/95, employers must ensure that the safety and health plan provides for adequate measures to protect the safety and health of workers both in normal situations and in critical circumstances.

Article 10(a). Training and instruction of miners. The Committee notes that in reply to its comments, the Government states that there have been considerable improvements in this area, including an increase in ongoing and comprehensive instruction for miners, which was pioneered by the Neves-Corvo mine and has now been adopted by the country as a whole and applied in certain areas. The Committee requests the Government to continue to provide information on the practical application of this provision.

Article 10(b). Supervision of mine work. The Committee notes that the Government refers to section 3(5) and section 24(4) of Order No. 198/96 of 4 June, which contain rules on the supervision of workers in isolated posts and provides that such posts must be monitored at least once per daily work period. Each shift is monitored by means of radio transmitters and checks are carried out by appointed persons.

Article 10(c). System whereby the names and location of persons underground can be known. The Committee notes the information supplied by the Government which refers to various identification arrangements pertaining to this provision. The Committee reminds the Government that it is essential, regardless of the system, to know at all times the name and location of persons underground, and asks the Government to state whether the mechanisms currently applied allow these objectives to be met, and, if not, to reconsider the matter when reviewing the national policy and to examine, with the social partners, the possibility of giving effect to this provision of the Convention in a more explicit manner, and to provide information in this regard.

Article 13(1)(e). Right of workers to remove themselves from any location posing a serious danger, and Article 13(2)(b),(c),(e) and (f). Selection and duties of safety and health representatives in mines. The Committee notes that according to the Government, pursuant to section 274(2) of the Labour Code issued by Act No. 99/2003, workers are allowed to leave the place of work in the event of danger and that section 177(7) of Legislative Decree No. 162/90 makes the same provision. The Committee notes that the Government has sent no information on the practical application of this provision of the Convention, or on Article 13(2)(b),(c),(e) and (f), of the Convention, on which the Committee sought information in earlier comments. It again asks the Government to provide more extensive information on the practical application of these provisions.

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2009, published 99th ILC session (2010)

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 2009, published 99th ILC session (2010)

Further to its observation the Committee requests the Government to provide further information on the following issues.

Article 1 of the Convention. Medical examinations. Type and frequency of medical examinations. The Committee notes that section 13 of legislative Decree No. 222/2008, to which reference was made in its observation, regulates this question. Noting that paragraph 1 of this section of the Decree not only regulates employers’ responsibilities in this respect but also provides for the possibility to attribute responsibility to certain specialized institutions to monitor the health of workers exposed to radiation based on criteria to be established by decree, the Committee requests the Government to provide information on all relevant laws and regulations in this respect as well as their application in practice, and to indicate the frequency of medical examinations.

Article 8. Workers not directly engaged in radiation work but who remain in or pass where they may be exposed to ionizing radiation. The Committee requests the Government to provide information regarding the dose limits determined in application of Article 6 for the workers covered by this Convention.

Article 14. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. Recalling paragraphs 28 to 34 and 35(d) of its 1992 general observation on the Convention, which recommends establishing the possibility of alternative employment or social security measures for all workers who have accumulated an effective dose beyond which detriment considered unacceptable may occur, the Committee requests the Government to provide information on the measures taken to allow workers to maintain their income through alternative employment or social security measures, when exposure, for medical reasons, is inadvisable.

Part V of the report form. Application in practice. The Committee requests the Government to indicate the manner in which the Convention is applied in the country, including information on the number of workers covered as well as on the activities of the labour inspectorate in this sector.

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

The Committee notes with interest the numerous legislative texts on occupational safety and health adopted since the Government’s last report was received. It notes that the Government has provided in its report the comments made by the General Workers’ Union (UGT) relating to the various awareness-raising activities organized by the federation on the subject of the risks related to osteomuscular injuries. The Committee also notes that, according to the report, an administrative restructuring took place in the field of occupational safety and health in 2006; the General Labour Inspectorate and the Occupational Safety, Hygiene and Health Institute were merged to create the Working Conditions Authority and that in 2007, the Working Conditions Authority promoted the integrated treatment of the issue of osteomuscular injuries through the integration of prevention, rehabilitation and occupational reintegration of workers affected by this problem.

Part IV of the report form. Application in practice. The Committee requests the Government to continue providing information on the application of the Convention in practice and in particular on trends relating to occupational diseases in the context of the Convention, with special reference to the measures adopted to prevent osteomuscular injuries and the impact of these measures.

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

Article 7. Restriction on the assignment of women and young workers under the age of 18 years to manual transport. In its previous direct request the Committee noted that Act No. 35/ 2004 was not in conformity with this Article of the Convention and asked the Government to indicate measures taken to give effect to the obligation to restrict the employment of adult women and young workers in regard to the transport of loads other than light loads and to establish that the weight of each load shall be substantially less for women than that permitted for male workers. The Committee notes that, according to the Government’s most recent report, the Act referred to would have been repealed by section 12 of Act No. 7/2009 revising the Labour Code. The Committee notes, however, that the Government does not indicate the provisions nor the measures taken to give effect to Article 7 as regards women and young workers. With reference to its direct requests in 2002 and 2006, the Committee requests the Government to take the measures required to give effect to the obligation to restrict the employment of adult women and young workers in regard to the transport of loads other than light loads and to establish that the weight of each load shall be substantially less for women than that permitted for male workers.

Part V of the report form. Application in practice. The Committee notes the information provided by the Government, in particular regarding the activities carried out in the context of the European Week on Manual Transport of Loads in 2007, as well as the observations by the General Union of Workers (CUT) that this campaign continued in 2008 but that its national impact was not yet known. The Committee notes that, according to statistical data provided by the Government, 76, 414 and 197 breaches of provisions related to the Convention were registered for the three years 2006–08 respectively. The Committee requests the Government to provide further information on the impact of the campaign referred to above, on the measures taken to address the apparent increase in breaches, as well as any other relevant information on how the Convention has been applied in practice, including trends regarding registered breaches.

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

Legislation. The Committee notes with satisfaction that Legislative Decree No. 222/2008 of 17 November 2008 gives effect to Articles 7(1) and (2) and 8 of the Convention and which establishes the maximum permissible doses of ionizing radiations which are in conformity with the exposure limits recommended by the International Commission on Radiological Protection (ICRP) to which the Committee referred in its 1992 general observation on the Convention; that this Decree repeals section 31 of Regulatory Decree No. 9-90 as requested by the Committee for several years, and that Legislative Decree No. 227/2008 of 25 November 2008 regulates the training of future specialists in the protection against ionizing radiations. The Committee also notes that the Government has included observations by the General Workers’ Union (UGT) which state that the abovementioned Decree No. 227/2008 is essential to fill gaps in training of specialists in the protection against ionizing radiations.

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

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

1. The Committee notes the information contained in the Government’s report. It notes the adoption of Decree Law No. 99-2003 of 27 August 2003 approving the Labour Code, in particular section IV on safety, hygiene and health at work, which repeals Decree No. 107/2001 concerning light work. It also notes the adoption of Act No. 35/2004 of 29 July 2004 issuing regulations for the Labour Code.

2. Article 5 of the Convention, in conjunction with Part V of the report form. Training prior to assignment to manual transport of loads. With reference to its previous comments, the Committee notes that campaigns have been held on occupational hazards in the agricultural, construction, textile and pottery industries. Regarding the application of the Convention in practice, the Government indicates that manuals, brochures, prospectuses and posters have been distributed, particularly on manual transport of loads. The Committee invites the Government to continue to provide information on the manner in which the Convention is applied, giving, for example, extracts from reports of the inspection services and, so far as such statistics are available, information concerning the number and nature of contraventions reported.

3. Article 7.  Restriction on the assignment of women and young workers under the age of 18 years to manual transport. The Committee notes that section 60(2) of the Labour Code provides specifically that the performance of work whose nature or conditions are harmful to the physical, mental or moral development of children is prohibited or subject to certain conditions covered by special legislation. Sections 122 and 126(g) of Act No. 35/2004 prohibit young persons under 16 years of age from transporting loads exceeding 15 kg in weight. For minors aged over 16 years, section 122 provides that the employer must assess the nature, degree and length of exposure of the minor to the activities or work subject to conditions and take the necessary measures to avoid any risks. However, the Committee notes that the new legislation does not lay down a maximum weight limit that can be transported by young workers under 16 years of age or for women workers. Furthermore, it notes that Act No. 35/2004 makes no distinction between occasional transport, and regular transport or between young men and young women. In this regard, the Committee recalls that Article 7 of the Convention lays down restrictions on the assignment of women and young workers to manual transport of loads and that Paragraphs 21 and 22 of Recommendation No. 128 stipulate that “where the minimum age for assignment to manual transport of loads is less than 16 years, measures should be taken as speedily as possible to raise it to that level … with a view to attaining a minimum age of 18 years”. When women and young workers are assigned to manual transport of loads, the maximum weight should be substantially less than that permitted for male workers. In addition, the Committee recalls the ILO publication Maximum weights in load lifting and carrying (Occupational Safety and Health Series, No. 59, Geneva, 1998). The Committee requests the Government to indicate measures taken to give effect to the obligation to restrict the employment of adult women and young workers in regard to the transport of loads other than light loads and to establish that the weight of each load shall be substantially less for women than that permitted for male workers.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the information provided in the Government’s reports, particularly in relation to the adoption of Act No. 99/2003 of 27 August issuing a new Labour Code, and Act No. 35/2004 of 29 July issuing its implementing decree, as well as resolution No. 24/2003 of 2 April in respect of the use of asbestos in public buildings. The Committee notes with interest that, based on the information available, the main provisions of the Convention are applied. The Committee also notes the observations made by the General Confederation of Portuguese Workers (CGTP) in relation to the application of Article 3, paragraph 2, Article 15, paragraph 2, and Article 22, paragraph 3. The Committee would be grateful to be provided with additional information on these observations and on the following points.

2. Article 1, paragraphs 2 and 3, of the Convention. Exclusion of a branch of economic activity from the application of the Convention. The Committee notes that maritime and air transport have been excluded from the application of the Convention by section 1(3) of Legislative Decree No. 284/89 of 24 August. It requests the Government to indicate whether this decision was made following consultations with the most representative organizations of employers and workers concerned, and on the basis of an assessment of the health hazards involved and the safety measures applied, and whether, when deciding on this exclusion, the competent authority took into account the frequency, duration and level of exposure, as well as the type of work and the conditions at the workplace.

3. Article 3, paragraph 2, and Article 15, paragraph 2. Periodical review and updating in the light of technical progress and advances in scientific knowledge. The Committee notes the observations of the CGTP concerning the application of Article 15, paragraph 2, of the Convention. The CGTP indicates that there is no legal provision regarding the review and updating of exposure limits and criteria, and that the last review took place in 1993. In this respect, the Committee notes the information provided by the Government that the review and updating of the exposure limits set out in the national legislation will be undertaken when a directive is adopted by the European Community for this purpose. The Committee requests the Government to keep it informed of any developments in this respect and to provide a copy of the relevant national texts when they are adopted.

4. Article 6, paragraph 3. Consultation with the health services in preparing emergency procedures. The Committee requests the Government to indicate the provisions ensuring that health services collaborate in the preparation of procedures for dealing with emergency situations.

5. Article 11, paragraph 2, and Article 12, paragraph 2. Special permits for the use of asbestos. The Committee notes that, under the terms of section 9(4) of Legislative Decree No. 284/89, the General Directorate of Occupational Health and Safety is responsible for issuing permits for the use of asbestos and carries out the necessary controls with the General Directorate of Industry and the representative organizations of employers and workers concerned. The Committee requests the Government to indicate whether permits have been issued in practice under section 9(4) of Legislative Decree No. 284/89 and to specify the conditions attached.

6. Article 14. Responsibility of manufacturers for the labelling of products containing asbestos. The Committee requests the Government to indicate the provisions in respect of the responsibility of producers and suppliers of asbestos and of the manufacturers and suppliers of products containing asbestos for adequate labelling of the container and product, as prescribed by the competent authority.

7. Article 17, paragraph 3. Consultation of workers on the workplan for the demolition of buildings containing asbestos. Noting that section 11(4) of Legislative Decree No. 284/89 provides that a workplan shall be communicated to the competent authorities, at their request, before the beginning of work on the demolition of buildings containing asbestos, the Committee requests the Government to indicate the provisions ensuring that workers or their representatives shall be consulted on such workplans, in accordance with this Article of the Convention.

8. Article 22, paragraph 3. Training. The Committee notes the observations of the CGTP, criticizing the application of this Article, relating to regular and continuing training of workers on the health hazards due to exposure to asbestos and methods of prevention and control. Noting that this Article of the Convention appears to be applied by section 278 of the new Labour Code, the Committee would be grateful to be provided with additional information on this point raised by the CGTP.

9. Part V of the report form. Application in practice. The Committee notes the statistics provided in the Government’s report on the violations reported and the measures taken in relation to carcinogenic agents and asbestos. The statistics show a fall in the number of infringements reported between 1999 and 2000. In this respect, the Committee requests the Government to continue providing statistics and inspection reports, information on the number of workers covered by the legislation, disaggregated by sex, if available, the number and nature of the contraventions reported, the number of occupational diseases reported as being caused by asbestos and any information which would enable the Committee to assess more effectively the manner in which the Convention is applied in practice in the country.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the Government’s report and the transposition of Council Directive No. 96/29/Euratom into national legislation through Legislative Decree No. 165/2002 of 17 July, as well as Legislative Decrees Nos. 167/2002 of 17 July, 174/2002 of 25 July and 180/2002 of 8 August. The Committee also notes Legislative Decree No. 99/2003 of 27 August, which approves the Labour Code and the observations submitted by the General Confederation of Portuguese Workers (CGTP) and the Government’s reply thereto.

2. Article 2, paragraph 1, of the Convention. Scope of application. The Committee notes with satisfaction that Legislative Decree No. 165/2002 of 17 July provides protection for all workers involved in activities involving exposure to ionizing radiation in the course of their work in conformity with this provision of the Convention.

3. Article 3, paragraph 1, and Article 6, paragraph 2. Annual dose limits. The Committee notes, as also observed by the CGTP, that the legislative changes introduced as a result of the transposition into domestic legislation of Council Directive No. 96/29/Euratom have not affected the different dose limits for the various categories of workers provided in section 31 of Legislative Decree No. 9/90 of 19 April and its Annex IV. The prescribed dose limits for exposure have thus not been brought into conformity with the Convention and the most recent recommendations adopted in 1990 by the International Commission on Radiological Protection (ICRP) and developed under the auspices of the IAEA, the ILO and the WHO and three other international organizations (ICRP 1990) which are contained in the 1994 publication International Basic Safety Standards for Protection Against Ionizing Radiation and for the Safety of Radiation Sources. As further detailed below, the Committee reiterates its request to the Government to take the necessary measures in order to align current dose limits to those contained in the ICRP 1990 recommendations. The Committee would also like to remind the Government that the dose limits set forth in the national legislation should be kept under constant review in the light of current knowledge.

4. Article 7, paragraph 1(a). Workers directly engaged in radiation work aged 18 and over.  The Committee notes that Annex IV(A) to section 31 of Legislative Decree No. 9/90 of 19 April fixes the dose limit for this category of workers at 50 mSv which is 2.5 times higher than the average dose limit of 20 mSv per year recommended by the ICRP 1990. Furthermore, as regards pregnant and nursing women, the Committee notes that the new Labour Code adopted in 2003, in particular section 49, replaces Legislative Decree No. 229/96 of 26 July concerning the protection of safety and health of this category of workers and that thereby the general prohibition against exposure of pregnant and nursing women to ionizing radiation was replaced with provisions prohibiting exposure of pregnant and nursing women to agents and substances that may entail a risk to their health or safety. As noted above, the detailed provisions concerning annual dose limits for different categories of workers including those in Annex IV, item 3, for pregnant women, have not been amended. The Committee notes with concern that as a result pregnant women, from the time of conception until the time of birth, risk being exposed to dose limits ten times higher than that of 1 mSv fixed by the ICRP 1990. The Committee requests the Government to take the necessary measures to align current dose limits to those contained in the ICRP recommendation of 1990.

5. Article 7, paragraph 1(b). Apprentices aged between 16 and 18. The Committee notes that Annex IV(B), item 1, to section 31 of Legislative Decree No. 9/90 of 19 April, provides that the annual dose for workers aged between 16 and 18 who are working as apprentices, students or trainees is three-tenths of the annual dose limits established for workers directly engaged in radiation work, i.e. 15 mSv compared to the ICRP 1990 recommendation of 6 mSv per year. The Committee therefore requests the Government to take the necessary measures to change the current dose limit for this category of workers.

6. Article 7, paragraph 2. Minors under the age of 16. The Committee observes that the provisions of Legislative Decree No. 107/2001, revising inter alia, Legislative Decree No. 715/93 concerning minors, prohibits engaging workers under the age of 16 in work involving a risk of exposure to ionizing radiations, among other physical agents (section 1 and Annex 1.1 of Legislative Decree No. 107/2001). With reference to its previous comment on this issue, the Committee notes, however, that in contradiction with this prohibition, Annex IV(B), item 2, to section 31 of Legislative Decree No. 9/90 of 19 April, still prescribes a specific dose limit for minors under 16. The Committee therefore requests the Government to take the necessary measures in order to remedy the existing contradiction so as to give effect to this provision of the Convention.

7. Article 8. Dose limit for the general public. The Committee also notes that Annex IV(c), item 1, to section 31 of Legislative Decree No. 9/90 of 19 April, fixes the annual dose limit for the general public at 5 mSv, which is not in conformity with the annual dose limit of 1 mSv recommended by the ICRP 1990. It therefore requests the Government to take the necessary measures to establish limits in accordance with those fixed by the ICRP recommendations of 1990.

8. Article 12. Nature and frequency of medical examinations. The Committee notes that the Government’s reply to the Committee’s comments on this issue contains no new information regarding the frequency and the nature of the medical examinations of workers directly exposed to ionizing radiations are required to undergo pursuant to Regulatory Decree No. 9/90. With reference to the provisions in Article 12, the Committee therefore requests the Government to provide additional information on how the relevant provisions in Regulatory Decree No. 9/90 are applied in practice.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the information provided by the Government in response to its previous comments, the observations of the General Confederation of Portuguese Workers (CGTP) and that the General Workers’ Union (UTG) observes that it had no significant issues to raise concerning the application of this Convention.

2. Article 2, paragraph 2, of the Convention. Limitation of duration of exposure. The Committee notes the information submitted by the Government concerning Legislative Decree No. 290/2001 of 16 November. It notes that this legislation covers activities in which workers are or may be exposed to chemical agents, and that, as provided in sections 2 and 3, and without prejudice to the stricter provisions in Legislative Decree No. 301/2000 of 18 November, it applies to chemical agents classified as carcinogenic. The Committee requests the Government to provide information on how these provisions, relating specifically to chemical agents at work, are applied in practice and to indicate the measures taken or envisaged to also provide for the reduction of the duration of workers’ exposure to carcinogenic substances other than carcinogenic chemical agents to the minimum compatible with safety.

3. Article 5. Health examinations after termination of employment. The Committee notes the information provided by the Government in reply to its previous comment including reference to section 13 of Legislative Decree No. 290/2001 of 16 November. This Decree complements the provisions referred to in the Government’s previous reports. The Committee notes that the Government indicates, and the CGTP underscores, that the relevant legislation appears to limit the requirement to provide for health supervision after the termination of employment to the special cases where a worker has developed an identifiable disease or harmful symptom which may have been caused by exposure to hazardous agents or substances. With reference to the provisions in Article 5, the Committee requests the Government to indicate the measures taken or contemplated to ensure that not only workers who have developed an identifiable disease or harmful symptom are provided with such medical or biological examinations or other tests or investigations not only before and during the period of employment, but also thereafter, as are necessary to supervise their state of health in relation to the occupational hazards, in application of this Article of the Convention.

4. The Committee also notes that the CGTP contends that only workers in respect of whom the assessment shows the existence of risks will be subject to special health supervision and that national legislation does not provide for specific examinations to assess the effects of exposure but only "normal medical examinations" to which all workers are subject. In response, the Government refers to section 12 of Legislative Decree No. 301/2000 which specifically provides for health supervision of workers where the assessment reveals the presence of risks and to section 16 of Legislative Decree No. 26/94 of 1 February, as amended by Law No. 7/95 of 29 March and by Legislative Decree No. 109/2000 of 30 June, which provides for medical examination for all workers in order to verify their physical and mental fitness for their occupation, as well as the effect of the work and its conditions on workers’ health. The Committee notes that these legislative provisions appear to be in conformity with the provisions in Article 5 in relevant respects, and requests the Government to provide additional information on how they are applied in practice.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee takes note of the information supplied by the Government in its last report including the observations of the General Confederation of Portuguese Workers (CGTP).

2. Article 1, paragraph 1, of the Convention.  Scope of application: agricultural sector. The Committee notes the information provided by the Government that, pursuant to Council of Ministers Resolution No. 105/2004, the ongoing review of occupational safety and health legislation in the agricultural sector was to be completed by the end of October 2004. The Committee hopes that this means that the Government, in the near future, will be in a position to report progress made in adopting measures to ensure the application of the Convention to the agricultural sector.

3. Article 4, paragraph 1. National policy on occupational safety and health. The Committee notes the information supplied that the Government has reached an agreement with the social partners in 2001 which provides, specifically, for the drafting of a national plan of action for prevention to be implemented in the medium term and for improvement in occupational safety and health services. The Committee also notes that according to the CGTP, this national plan of action has not yet been adopted which, again according to the CGTP, constitutes a breach of this Article of the Convention. The Committee requests the Government to respond to this observation.

4. Article 11, paragraph (e). Publication of information on measures taken with regard to occupational diseases and other injuries to health. With reference to its previous comments the Committee notes the Government’s indications that according to section 6, paragraph 5, of Decree Law No. 441/91 it is required to disseminate information on policy measures adopted and the assessment of their results in relation to occupational accidents and illnesses. 

5. Part V of the report form. Implementation. The Committee notes the views expressed by the CGTP that as regards occupational safety and health, "the legal framework exists and is fairly adequate" but that "the problem lies in the widespread non-compliance with existing standards by those involved, in particular employers, and by the inability and a lack of political will on the part of the bodies responsible to enforce compliance". It requests the Government to respond to this observation in its next report and attach relevant extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the legislation, disaggregated by sex, if possible, the number and nature of the contraventions reported, and the number, nature and cause of the accidents reported.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the information provided in the Government’s two reports, and particularly the observations of the General Confederation of Portuguese Workers (CGTP), criticizing the application of Article 22, paragraph 3, of the Convention relating to regular and continuing training of workers on the health hazards due to exposure to asbestos and methods of prevention and control. The Committee notes that this Article of the Convention is applied by section 278 of the new Labour Code. However, the Committee would be grateful to be provided with additional information on the points raised by the CGTP.

2. Article 3, paragraph 2, and Article 15, paragraph 2. Periodical review and updating in the light of technical progress and advances in scientific knowledge. The Committee notes the observations of the CGTP concerning the application of Article 15, paragraph 2, of the Convention. The CGTP indicates that there is no legal provision respecting the review and updating of exposure limits and criteria, and that the last review took place in 1993. In this respect, the Committee notes the information provided by the Government that the review and updating of the exposure limits set out in the national legislation will be undertaken when a directive is adopted by the Community for this purpose. The Committee requests the Government to keep it informed of any developments in this respect and to provide a copy of the relevant national texts when they are adopted.

3. The Committee is also addressing a request directly to the Government on certain other points.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the information supplied in the Government’s first report, the documentation attached to the report and the observations of the General Confederation of Portuguese Workers (CGTP). The CGTP raises objections about the application of the provisions on the evacuation of workers to a safe place when their health and safety are threatened, and the provisions to ensure that workplaces are healthy and safe (Article 7, paragraphs (c), (d) and (e), Article 8 and Article 10, paragraphs (a), (b) and (c)); the absence of special rules on safety and health representatives in mines; and the application of provisions on the selection and rights of health and safety representatives (Article 13, paragraphs 1 and 2(b), (c), (d) and (f)). In view of the above observations and the Government’s response to them, and having examined the Government’s first report, the Committee would appreciate receiving additional information on the following points.

2. Article 7, paragraph (c), of the Convention. Measures to maintain the stability of the ground. The Committee notes that, according to the CGTP, the specific provisions on health and safety in mines in the national legislation are not consistent with this Article of the Convention. The Committee notes in this connection that the regulations on health and safety in mines (Legislative Decree No. 162/90) appear to make no reference to steps to be taken in order to maintain the stability of the ground in areas to which persons have access in the context of their work. The Committee requests the Government to indicate the measures taken or envisaged to ensure that full effect is given to this Article of the Convention.

3. Article 7, paragraph (d). Provision for two exits, each of which is connected to separate means of egress to the surface. The Committee notes that in response to the CGTP’s observations on this matter, the Government refers to section 7(7) of Legislative Decree No. 162/90, and section 5 of Order No. 198/96 setting minimum standards on emergency exits, which appear to give effect to this provision of the Convention. The Government is requested to provide further information on the application of these provisions in practice.

4. Article 7, paragraph (e). Monitoring, assessment and regular inspection of mines and Part V of the report form. Practical application. The Committee notes that in response to the CGTP’s observations on this matter, the Government refers to sections 24, 39, 46, 130 and 44 of Legislative Decree No. 162/90, which contains provisions applying this Article of the Convention. In view of the CGTP’s observations, the Committee requests the Government to provide statistics and extracts of inspection reports, information on the number of workers covered by the legislation, disaggregated by sex, if available, the number and nature of contraventions reported and any information enabling the Committee to better assess the manner in which practical effect is given to the Convention throughout the country.

5. Article 8. Preparation of specific emergency response plans. The Committee notes that in response to the CGTP’s observations on this matter, the Government states that it sees no need to provide for specific measures in the event of emergencies in mines. The Committee requests the Government to indicate the measures taken or envisaged to ensure that full effect is given to this Article of the Convention.

6. Article 10, paragraph (a). Training and instruction of miners. The Committee notes that in response to the CGTP’s observations on this subject, the Government refers to section 278(1) of the Labour Code under which for high risk work, employers are required to provide ongoing instruction for workers. This provision is supplemented by section 217 of Act No. 35/2004, which provides that pursuant to section 278(1) of the Labour Code, account must be taken of the size of the enterprise and the specific needs in the event of emergency, and by section 6 of Legislative Decree No. 324/95, which specifies that miners are entitled to receive proper instruction. The Government is asked to provide more detailed information on the practical effect given to these provisions.

7. Article 10, paragraph (b). Supervision of mine work. The Committee notes that in answer to the CGTP’s observations on this subject, the Government refers to section 190 of the Labour Code containing general provisions on the organization of shift work. The Committee requests the Government to indicate the measures taken or envisaged to ensure that full effect is given to this Article of the Convention. 

8. Article 10, paragraph (c). System whereby the names and location of persons underground can be known. Section 45(1) of Act No. 198/96 stipulates that the names of workers who are underground must be known at all times. The Committee reminds the Government that according to Article 10, paragraph (c), of the Convention, a system must be established so that the names of all persons who are underground can be accurately known at any time, as well as their probable location. The Committee requests the Government to indicate the measures taken or envisaged to ensure that this Article of the Convention is fully applied.

9. Article 13, paragraph 1(e). Right of workers to remove themselves from any location posing a serious danger, and Article 13, paragraph 2(b), (c), (e) and (f). Selection and duties of safety and health representatives in mines. The Committee notes that in answer to the CGTP’s general observations on this matter, the Government refers to the general provisions of the Labour Code and the Legislative Decree No. 162/90, which appear to give effect to these provisions of the Convention. The Government is asked to provide more detailed information on the practical effect given to these provisions.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the information provided by the Government in its report, in particular the adoption of Act No. 99/2003 of 27 August 2003 establishing the Labour Code. It also notes the Government’s statement that the regulations for the application of the new Labour Code have been approved but have not yet taken effect, and that in the meantime the Edict No. 186/73 of 13 March 1973 continues to apply. The Committee understands that once published the above regulations will supersede the 1973 edict and that therefore the general prohibition on the employment of women on underground work in mines will in all probability be removed (no such prohibition is to be found in the text of the new Labour Code either). The Committee requests the Government to clarify the position of its law and practice on this point and to transmit a copy of the regulations issued under the new Labour Code.

Furthermore, the Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that with respect to underground work the States parties to Convention No. 45 should be invited to contemplate ratifying the Safety and Health in Mines Convention, 1995 (No. 176), and possibly denouncing Convention No. 45 even though the latter instrument has not been formally revised (see GB.283/LILS/WP/PRS/1/2, paragraph 13). The Committee wishes to emphasize that the present trend is no doubt to remove all gender-specific restrictions on underground work. As the Committee has noted in its General Survey of 2001 on night work of women in industry in relation to Conventions Nos. 4, 41 and 89, "the question of devising measures that aim at protecting women generally because of their gender (as distinct from those aimed at protecting women’s reproductive and infant nursing roles) has always been and continues to be controversial" (paragraph 186).

While noting with interest that the Government has already ratified Convention No. 176, which contains modern standards focusing on risk assessment and risk management and providing for sufficient preventive and protective measures for all mineworkers, irrespective of gender, the Committee invites the Government to consider the possibility of denouncing Convention No. 45 to ensure that national laws are consistent with the international commitments made. In this respect, the Committee recalls that, according to established practice, the Convention will be next open to denunciation during a one-year period from 30 May 2007 to 30 May 2008. The Committee requests the Government to keep the Office informed of any decision taken in this regard.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the information provided by the Government in its report in reply to its previous comments.

Part IV of the report form. Practical application. The Committee notes that, under Act No. 116 of 4 August 1999 establishing general procedures relating to labour law contraventions, the General Labour Inspectorate (IGT) has competence for imposing sanctions according to the gravity of the infringement, the size of the enterprise and the degree of culpability.

The Committee also notes the measures taken following a considerable increase in the number of contraventions recorded by the General Labour Inspectorate (IGT) in 2001 by comparison with 2000. In this regard, it notes the campaigns launched in the context of European Week for Safety and Health in 2000, 2002 and 2003, which were respectively concerned with back pain and musculoskeletal disorders, stress at work and dangerous substances. The Government indicates that, although the campaigns dealt with risks inherent in all sectors of activity, particular interest was devoted to the sectors of health, education, banking and insurance, central and local public administration, and commerce. The Committee also notes that the aim of the campaigns was to provide information on and raise awareness of the prevention of occupational risks which constitute the main sources of complaints from workers in the country and to publicize the applicable legislation. The Committee also notes the publication of a handbook on hazardous substances in hospitals and the production of various brochures accompanying the abovementioned campaigns.

Referring to the statistics on contraventions recorded during 2002 and 2003, the Committee notes that the total number of contraventions recorded increased in 2003 by comparison with 2002 but that, at the same time, the number of inspections carried out rose considerably. The number of contraventions recorded in the area of occupational safety and health, on the other hand, decreased slightly. The Committee therefore encourages the Government to maintain its efforts to implement the practical measures intended to improve the practical application of the legislation giving effect to the Convention.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the information provided in the Government’s latest report as well as the adoption of legal and regulatory instruments in the area of occupational safety and health.

Article 1, paragraph 1, of the Convention. The Committee notes that the Portuguese authorities suspended works on the regulation of workers’ safety and health in the agricultural sector until the European Commission takes up again the initiative to draft a directive and to present it to the Council. The Government points out in this regard that Legislative Decree No. 441/91 of 14 November 1991, as well as all others relating to the protection of safety and health, applies to the agricultural sector. The Committee notes this information. It would like to recall that the General Regulations on safety and health in the industrial establishment, No. 53/71 as modified by Regulation No. 702/80 of 22 September, is applicable to industrial establishments only. The Committee therefore hopes that the necessary measures will be taken in the near future in order to ensure the application of the Convention to the agricultural sector and requests the Government to indicate in its next report the progress made in this regard.

Article 1, paragraph 3. The Committee notes with interest the general principles and the minimum safety and health requirements for work on board fishing boats prescribed by the Legislative Decree No. 116/97 of 12 May 1997. The Committee takes note of the provisions of articles 4, paragraphs 6-8, 8 and 21 of the Ministerial Order No. 356/98 of 24 June 1998 establishing the minimum safety and health requirements for work on board fishing boats which deal with air ventilation and noise in working areas. Referring to the previous comments and taking into account these new developments the Committee requests again the Government to indicate the reasons for excluding fisheries from the application of the Convention as well as to continue to supply information on the position of its law and practice with respect to the fishing industry.

Article 2. The Committee notes that no legislative measures have been adopted with respect to vibrations. Such measures may well be discussed when the directive under discussion is incorporated into national law. The Committee requests the Government to indicate, in its next report, whether any developments have occurred in this regard.

Article 8, paragraph 3. The Committee takes note of provisions related to the activities carried out by services for safety and health at work stipulated in the Legislative Decree No. 26/94 of 1 February 1994 amended by Act No. 7/95 of 29 March 1995. It requests the Government to indicate how any increase in occupational hazards resulting from simultaneous exposure to several harmful factors at the workplace is taken into account when establishing or revising criteria for determining hazards and exposure limits.

Article 9(b). With reference to the previous comments the Committee notes from the Government’s latest report that collective technical measures ensuring safety and health of workers are a priority and, where these measures prove insufficient, the employer must take individual protective measures. The Committee notes that the purpose of supplementary organizational measures is to eliminate the harmful effects on workers’ health of monotonous and repetitive work. The Government is requested to provide particulars of supplementary organizational and preventive measures prescribed in order to keep the working environment free from any hazard due to air pollution and noise.

Part IV of the report form. The Committee notes the results of inspection actions carried out in 1995, the number of infringements occurred in the area of occupational safety and health as well as the number of judicial orders issued with respect to noise. The Committee wishes to encourage the Government to continue its efforts in this direction and to keep the Office informed of all developments in this regard.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s first report. It would draw the Government’s attention to the following points.

1. Article 2, paragraph 2, of the Convention. The Committee notes that section 5, paragraph 1 of Legislative Decree No. 301/2000, of 18 November, regulating protection of workers against risks associated with exposure to carcinogenic or mutagenic agents in the course of the work, provides for the avoidance or reduction of carcinogenic substances. Section 5, paragraph 2, of this Legislative Decree stipulates that, where it is not technically possible to replace carcinogens, the carcinogens should be used in an enclosed system, and according to subsection 3, the measures set forth under section 6 of this Legislative Decree shall be taken to reduce the exposure of the workers. Section 6(a) and (b) provides for the limitation of the quantities of carcinogenic substances to be used and for the reduction of the number of workers exposed. The Committee however notes that there seems to be no provision providing for the reduction of the duration of workers’ exposure to the minimum compatible with safety. The Committee therefore requests the Government to indicate the measures taken or envisaged to provide as well for the reduction of workers’ exposure to the minimum compatible with safety.

2. Article 5. The Committee notes section 16 of Legislative Decree No. 301/2000 in conjunction with section 19 of the Annex to Legislative Decree No. 26/94, of 1 February, as drafted in Legislative Decree No. 109/2000, of 30 June, establishing the system for the organization and the operation of occupational safety, hygiene and health activities, providing for pre-employment and periodic medical examinations, as well as for additional medical examinations whenever significant changes occur in the work environment, and whenever the occupational health physician deems them necessary, which, however, do not embrace post-assignment health examinations of workers, as provided for in Article 5 of the Convention. The Committee therefore recalls that the need to examine workers after they have ceased their employment is due to the fact that the occupational origin of cancer is often difficult to demonstrate, as from the clinical and pathological point of view, there is no difference between occupational cancer and other non-occupational forms. Thus, the purpose is to make a final evaluation of workers’ health and to compare it with previous medical examinations to see whether the job assignments have affected their health. The Committee accordingly requests the Government to indicate the measures taken or contemplated to guarantee that workers are provided with medical or biological examinations or other tests or investigations not only before and during the period of employment, but also thereafter as are necessary to evaluate their exposure and supervise their state of health in relation to the occupational hazards, in application of this Article of the Convention.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s reports. It draws the Government’s attention to the following points requiring additional measures to be taken.

1. Article 2, paragraph 1, of the Convention. The Committee notes that pursuant to section 1, paragraph 2 of Legislative Decree No. 348/89 and section 1 of Regulatory Decree No. 9/90 prescribing their scope of application, all activities involving exposure of workers to ionizing radiations are covered by the legislation. It notes however the Government’s indication that crews of aircraft, workers in caves and hot springs, and miners (except those working in uranium mines) are not covered by the legislation, but that new legislation is to be prepared to transpose Council Directive 92/29/Euratom into domestic law. The Committee therefore requests the Government to indicate whether the new legislation will also cover the workers currently excluded and to indicate the current state of the legislation process.

2. Article 3, paragraph 1, and Article 6, paragraph 2. The Committee notes that section 31 of Regulatory Decree No. 9/90 in conjunction with Annex IV sets out the different dose limits for the various categories of workers. With regard to workers directly engaged to radiation work, Annex IV(A) establishes an annual dose limit of 50 mSv. The Committee recalls to the Government that the annual dose limit adopted in 1990 by the International Commission on Radiological Protection (ICRP) is 20 mSv. The Committee however notes that the dose limits fixed for the lens of the eye and the skin are in conformity with the values recommended by the ICRP. The Committee accordingly requests the Government to take the necessary measures in order to align current dose limits to those recommended by the ICRP and thus to give effect to this provision of the Convention, in the framework of the transposition of Council Directive 92/29/Euratom of 13 May 1996 into domestic law which reflects the dose limits fixed by the ICRP in 1990. It further reminds the Government that the dose limits set forth in the national legislation should be kept under constant review in the light of the current knowledge.

3. Article 7, paragraph 1(a). The Committee has noted above that section 31 of Regulatory Decree No. 9/90 in conjunction with Annex IV(A), fixes the annual dose for workers directly engaged to radiation work at 50 mSv, which does not comply with the dose limit of 20 mSv per year recommended by the ICRP. With regard to women, the Committee notes with interest that Annex IV(B), item 3 fixes for women in child-bearing age an annual dose limit of 13 mSv which, while the ICRP does not provide for special limits on exposure for women concerned before pregnancy is declared and accordingly the dose limits applicable are those for workers directly engaged in radiation work, thus 20 mSv, is in conformity with the 1990 ICRP recommendations. As to pregnant women, Annex IV(B), item 3 stipulates that the dose limit from the time of conception until the time of birth must not exceed 10 mSv which is ten times higher than that of 1 mSv fixed by the ICRP. However, item 2 in conjunction with Annex II of Decree No. 229/96 prohibits the exposure of pregnant and nursing women to ionizing radiations, which goes even beyond the requirements laid down by the Convention through the relevant values recommended by the ICRP in 1990. Hence, in view of the contradiction contained in the provisions of the above legal texts, the Committee requests the Government to take the necessary measures to amend Annex IV(B), item 3 to Regulatory Decree No. 9/90 in order to bring it into conformity with item 2 of Decree No. 229/96 and thus with this provision of the Convention.

4. Article 7, paragraph 1(b). The Committee notes that by virtue of section 31 of Regulatory Decree No. 9/90 in conjunction with Annex IV(B), item 1, the dose limit for workers between the ages of 16 and 18 who are working as apprentice, student or trainee, is three-tenths of the annual dose limits established for workers directly engaged in radiation work, thus 15 mSv. In this respect, the Committee refers to the 1994 International Basic Safety Standards for Protection Against Ionizing Radiation and for the Safety of Radiation Sources, developed under the auspices of the IAEA, the ILO, the WHO and three other international organizations, indicating under item II-6 of Schedule II "Dose limits" that the occupational exposure limit for apprentices of 16 to 18 years of age shall not exceed an effective dose of 6 mSv per year. The Committee accordingly requests the Government to take the necessary measures to change the current dose limit for this category of workers.

5. Article 7, paragraph 2. The Committee notes section 31 of Regulatory Decree No. 9/90, in conjunction with Annex IV(B), item 2, according to which the annual dose limit of minors under the age of 16 shall not exceed one-tenth of the annual dose limit established for the general public under Annex IV(C), thus 0.5 mSv. The Committee therefore recalls that this provision of the Convention clearly provides for a prohibition to engage workers under the age of 16 in work involving exposure to ionizing radiations. In this respect, the Committee however notes the Government’s indication that Decree No. 715/93 bans minors from activities involving a risk of exposure to ionizing radiations, among other physical agents. Therefore, in view of the contradiction contained in the provisions of the above legal texts, the Committee requests the Government to take the necessary legislative measures to amend Annex IV(B), item 2 to Regulatory Decree No. 9/90 in a manner to provide for the interdiction of the exposure of minors under the age of 16, in order to remedy the existing contradiction so as to give effect to this provision of the Convention.

6. Article 8. The Committee notes section 31 of Regulatory Decree No. 9/90 in conjunction with Annex IV(C), item 1, fixing the annual dose limit for the general public at 5 mSv which is not in conformity with the annual dose limit of 1 mSv recommended by the ICRP in 1990. It therefore requests the Government to take the necessary measures to establish limits in accordance with those fixed by the ICRP in its 1990 recommendations.

7. Article 12. The Committee notes section 24 of Regulatory Decree No. 9/90 providing for special medical examinations of workers who normally carry out their activities in controlled areas which according to section 20 is carried out by physicians specialized in labour medicine, who, in the case of workers in category A (workers working in controlled areas) and situations of special monitoring, should have received specific training, certified by the General Directorate for Health. In this respect, section 25 of Legislative Decree No. 109/2000 prescribes in detail the responsibilities and required qualifications of the physicians. The Committee further notes that pursuant to section 21, subsection 1, of Regulatory Decree No. 9/90, the objective of carrying out medical examinations of workers is to ensure that the worker’s health is compatible with the tasks to which he or she is assigned. The Committee however notes the absence of a provision indicating the moment and the frequency of these medical examinations. The Committee accordingly requests the Government to indicate the measures taken or envisaged specifying the moment when workers directly exposed to ionizing radiations must undergo medical examinations, as well as the frequency and the nature of the medical examinations in question. In this respect, the Committee would remind the Government that Article 12 of the Convention provides for appropriate medical examinations prior or shortly after taking up work involving exposure to ionizing radiations and subsequently at appropriate intervals.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

1. The Committee takes note of the Government’s report. It notes the numerous legislation adopted during the reporting period.

2. Part IV of the report form. The Committee notes the data provided by the Government in its report on the number of interventions of the Inspectorate-General of Labour (IGT) concerning work covered by the Convention. It notes the significant increase of violations stated by the IGT in the year 2001, as compared to the year 2000. The Committee therefore requests the Government to indicate the measures taken or envisaged by the labour inspection services with a view to remedying the infractions observed and the number and nature of contraventions reported so as to ensure the full application of the Convention, not only in law but also in practice.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s last report, as well as the information supplied in response to its previous comments. It notes with interest the adoption of Legislative Decree No. 107 of 6 April 2001 concerning light work, which gives substantial effect to Article 7 of the Convention. The Committee nevertheless draws the Government’s attention to the following points.

1. Article 5 of the Convention, in conjunction with Part V of the report form. The Committee notes the Government’s indication contained in the Government’s last report that a campaign on occupational hazards in agriculture was held between April 1997 and April 1998. In the framework of this campaign, posters and brochures on the manual transport of loads have been issued, and a number of information and training activities have been carried out. Considering that such campaigns would constitute an important contribution to the implementation of the legislation, the Committee requests the Government to indicate whether such campaigns or similar activities have also been carried out in other branches of occupational activities. It invites the Government to continue to provide information on the manner in which the Convention is applied in practice.

2. Article 7. (a) Women. With regard to the maximum weight of loads that may be transported by women workers and regarding the indications contained in Paragraphs 15 and 16 of Recommendation No. 128 that women workers, as far as possible, should not be assigned to the regular manual transport of loads and that, where they are so engaged, the maximum weight of such loads should be substantially less than that permitted for adult male workers, the Committee notes the Government’s view that a total prohibition of the assignment of women workers to work involving the manual transport of loads would call into question the principle of equality for women in employment and ultimately contribute to limiting their employment opportunities. The Government further explains that the little difference in the maximum weight limits established by the national legislation for men and women is due to the fact that the maximum weight which may be transported by a male adult worker is already much lower than that advocated in Paragraph 14 of Recommendation No. 128.

(b) Young persons. As concerns the maximum weights that may be transported by young workers, the Committee notes section 2, paragraph 1, of Legislative Decree No. 107/2001, which lays down the principle that minors under the age of 16 may only carry out light work. According to section 2, paragraph 2, of this Decree, light work is defined as simple and well-determined work, which does not require physical or mental efforts likely to jeopardize the physical integrity and mental development of young workers. In addition, section 2, subsection 4, of Legislative Decree No. 107/2001, prohibits minors under the age of 16 from performing those activities and types of work that may be performed by minors over the age of 16 only under certain conditions. The activities and the types of work, which are subject to certain conditions, are listed in Annex II to the Legislative Decree No. 107/2001. Since the manual transport of load is indicated under paragraph II(a) of this Annex, the manual transport of loads is prohibited for minors under the age of 16.

With regard to young persons over the age of 16, the Committee notes that, pursuant to section 2, subsection 4, of Legislative Decree No. 107/2001, in conjunction with paragraph II(a) of Annex II, the maximum load that may be transported by a young worker of either sex aged 16 or 17 is 15 kg. Thus, the maximum weight limit established for young male workers corresponds to the limits for occasional and more frequent lifting of loads recommended in the ILO publication Maximum weights in load lifting and carrying, Occupational Safety and Health Series, No. 59, Geneva, 1988, but not the maximum weight limit established for women workers between 15 and 18 years of age. Due to the fact that Portuguese legislation does not establish a difference between either occasional regular transport or male and female young workers, the maximum weight established does not comply with the values recommended for women workers over the age of 16. In this context, the Government explains that the distinction between regular and occasional transport of loads has not been integrated into the national legislation, due to the fact that the manual transport of loads is considered, de lege ferenda, as work carried out by minors between 16 and 18 years of age is subject to certain conditions, and that the employer is therefore obliged to take appropriate measures to avoid any risk. The Government considers that these measures sufficiently ensure, beyond the safety and health of young persons, their physical balance and their mental development and thus meet the objectives set forth in Paragraph 24 of the Recommendation No. 128. As to the non-distinction between the sexes for the establishment of maximum weight limits, the Government indicates that the girls’ muscular and skeletal development normally occurs earlier than that of boys, which was decisive for fixing moderate maximum weight limits applicable to both sexes. In this respect, the Committee draws the Government’s attention to the information contained in the ILO’s Encyclopaedia of Occupational Health and Safety, 3rd revised edition, Geneva, 1983, where it is explained that, while women are less strong physically than men, and their capacity for sustained physical work is substantially lower, the attempt to carry excessive loads may suddenly raise their intra-abdominal pressure and cause disturbances of the blood circulation in the pelvic organs and lower limbs, menstrual disorders, etc. These disorders are more common if a woman has been carrying heavy loads from an early age.

In the light of this information, the Committee invites the Government to consider the establishment of different maximum weight limits for the manual transport of loads for female and male young workers between the ages of 16 and 18, to ensure the full application of Article 7 of the Convention.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

Articles 13 and 19(f) of the Convention. The Committee notes with interest the information provided in reply to its previous comments under this Article of the Convention.

Article 1, paragraph 1. The Committee notes that the Government's report does not contain replies to its previous comments under this Article of the Convention. The Committee recalls that section 23(2)(e) of Decree No. 441/91 concerning supplementary legislation provides that priority should be given to adapting regulations to, among others, the agricultural sector. It reiterates its previous request to the Government to indicate the progress made in adopting measures to ensure the application of the Convention to the agricultural sector.

Article 11, paragraph (e). The Committee notes that the Government's report does not provide a reply to its previous comments. The Committee reiterates its previous request for indications on the measures taken or envisaged to ensure that information on measures taken with regard to occupational diseases and other injuries to health which arise in the course or in connection with work (other than just statistics on such diseases and injuries, or legislative measures in the field) are published annually.

Article 12. Further to its previous comments, the Committee notes the information provided by the Government regarding equipment (machines, apparatus, tools and plant) in respect of the requirements of this Article of the Convention. The Committee requests the Government to give indications regarding the measures taken to ensure that manufacturers and importers of substances for occupational use are also responsible for: satisfying themselves that the substances do not entail dangers for the safety and health of those using them correctly; for making available information concerning their correct use, their dangerous properties, as well as instructions on how known hazards are to be avoided; and undertaking studies and research to keep abreast with scientific and technical knowledge.

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

The Committee notes with interest the information provided in the Government's latest report and, in particular, the adoption of Legislative Decree No. 441/91 which sets forth a general occupational safety and health policy and provides for the application of Article 6, paragraph 2, of the Convention.

The Government is requested to supply further information, in its next report, on the following points:

Article 1, paragraph 1. In its previous comments, the Committee noted that safety and health regulations in the agricultural sector were being drafted and requested a copy of the text. In its latest report, the Government indicates that the text has not yet been finalized. The Committee hopes that the necessary measures will be taken in the near future to ensure the application of the Convention to the agricultural sector and requests the Government to indicate, in its next report, the progress made in this regard.

Article 1, paragraph 3. In its previous comments, the Committee recalled that this provision of the Convention provides that each Member shall give reasons for the exclusion of any branch of economic activity from the application of the Convention. In its first report, the Government had indicated that the fishing industry had been excluded after consultation with the workers' and employers' organizations concerned. In its report for the period ending 30 June 1989, the Government indicated that the Directorate General for the Fisheries had initiated action to gather information with a view to the adoption of a decision to apply this Convention to the fishing industry. In its latest report, the Government indicates that the EC Directive concerning fishing vessels, which contains provisions relevant to occupational safety and health, is expected to be incorporated into national law by the end of 1994. The Committee would once again request the Government to indicate the reasons for excluding fisheries from the application of the Convention. The Government is also requested to continue to supply information, in subsequent reports, on the position of its law and practice with respect to the fishing industry.

Article 2. In its previous comments, the Committee noted the indication in the Government's report for the period ending 30 June 1989 that, in the light of new legislation on vibrations, it would be possible to reconsider the exclusion of vibrations from the application of the Convention. The Committee requests the Government to indicate, in its next report, whether any developments have occurred in this regard.

Article 8, paragraph 3. The Government is requested to indicate the manner in which increase in occupational hazards resulting from simultaneous exposure to several harmful factors at the workplace is taken into account when establishing or revising criteria for determining hazards and exposure limits.

Article 9(b). The Committee notes with interest that Legislative Decree No. 441/91 provides that the employer shall take the necessary technical and organizational measures at the workplace to ensure the safety of workers. The Government is requested to specify the particulars of any supplementary organizational measures prescribed.

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

Further to its observation, the Government is requested to provide additional information on the following points:

Article 1, paragraph 1, of the Convention. The Committee notes with interest that Legislative Decree No. 441/91 of 14 November 1991 which establishes general principles for the promotion of occupational safety and health applies to medical personnel. It further notes that section 23(2)(e) of the Decree concerning supplementary legislation provides that priority should be given to adapting regulations to, among others, the agricultural sector. The Government is requested to indicate, in its next report, the progress made in adopting measures to ensure the application of the Convention to the agricultural sector.

Article 11, paragraph (e). The Committee notes that, under section 14(2)(g) of Legislative Decree No. 219/93, the Inspector-General of Labour is responsible for publishing an annual report on inspection activities. The Government is requested to indicate the measures taken to ensure that information on the measures taken with regard to occupational diseases and other injuries to health which arise in the course or in connection with work are published annually.

Article 12. The Committee notes with interest that section 19 of Legislative Decree No. 219/93 provides for licensing and authorization of certain equipment to be determined by the competent authority and places duties upon designers, manufacturers, importers, etc., to ensure the safety of their machinery and equipment. The Government is requested to indicate the measures taken to ensure that manufacturers and importers of substances for occupational use are also responsible for satisfying themselves that the substance does not entail dangers for the safety and health of those using it correctly, for making available information concerning correct use, the dangerous properties involved, and instructions on avoiding the hazards, as well as for undertaking studies and research to keep abreast with scientific and technical knowledge.

Article 13 and Article 19(f). The Committee notes with interest that section 8(2)(e) of Legislative Decree No. 219/93 provides that the employer shall adopt measures and give instructions enabling workers, in the event of serious and imminent danger which cannot be avoided, to cease their activities and leave immediately the workplace, without being required to return to the work situation as long as the danger persists. Furthermore, the Committee notes that provision does not apply to exceptional cases where adequate protection is assured. The Government is requested to specify particulars concerning the manner in which the employer undertakes this duty and to indicate whether, in the event that the employer has not taken the above measures, the worker still has the right to remove himself or herself from the danger without suffering any undue consequences. The Government is also requested to specify the types of exceptional cases where workers may work in situations of imminent and serious danger envisaged in this section and the measures taken to ensure adequate protection of their health.

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

With reference to its previous comments, the Committee notes with satisfaction that section 8 of Legislative Decree No. 330 of 25 September 1993 to issue minimum health and safety requirements for the manual transport of loads, which is applicable to all branches of economic activity, provides that employers shall supply to the workers concerned, and to their representatives in the enterprise or establishment, information on: (a) the potential health risks arising out of the incorrect manner of undertaking the manual transport of loads; (b) the maximum weight and other characteristics of the load; and (c) the centre of gravity and the heaviest side when the contents of the load are not uniformly distributed in terms of weight. Section 8(2) provides that the employer shall ensure that the workers are provided with adequate training and accurate information on the correct manner of transporting loads.

The Committee notes that the above Decree also gives effect to the following provisions of the Convention:

Article 3. For loads weighing over 30 kilograms which are transported occasionally and loads weighing over 20 kilograms which are transported regularly, the employer has to evaluate the relevant aspects of the risk involved in the manual transport of the loads (section 5(1)(a)).

Article 4. With a view to reducing the risks involved, the available space, temperature and the unevenness, slope or instability of the ground shall be taken into account (section 5(2)). The physical effort required by the back, rest periods, large heights to which the load has to be lifted and the rhythm of work which is not under the control of the worker also have to be taken into account (section 5(3)).

Article 8. Workers and their representatives have to be consulted on the application of the provisions contained in Decree No. 330.

With reference to Article 7 of the Convention, the Committee notes that under the terms of section 3 of Decree No. 715/93, the maximum weight established for young men and women workers is 10 kilograms for persons from 14 to 15 years of age and 15 kilograms for persons from 16 to 17 years of age. In this respect, the Committee notes that for the purposes of the Convention the term "young worker" means a worker under 18 years of age. Furthermore, the Committee notes with interest that the maximum weights established for adult workers are 30 kilograms and 20 kilograms respectively for the occasional and regular transport of loads, which indicates that developments in ergonomics and occupational medicine have been taken into account; however, the Committee notes that the difference between the regular and the occasional transport of loads has not been taken into account when establishing the weights which may be transported by young workers. Nor has a difference been made between young male workers and young women workers.

With regard to women workers, the Committee notes that, although Decree No. 330 does not establish a difference between men and women workers with regard to the maximum weight of loads (30 kilograms and 20 kilograms respectively for the occasional and regular transport of loads), the Government states in its report that Decree No. 186/73 remains in force, section 3(c)(d) of which provides that work requiring the occasional manual transport of loads weighing in excess of 27 kilograms or the regular transport of loads weighing in excess of 15 kilograms is prohibited for women workers.

In this context, the Committee wishes to draw the Government's attention to the information contained in the Encyclopaedia of Occupational Health and Safety of the ILO on the maximum permissible weights for the manual transport of loads, according to which young persons of either sex are not suited to lifting loads and that physiological differences result in a different aptitude of women with regard to the manual transport of loads. The Committee also refers to Recommendation No. 128, in accordance with which, as far as possible, neither women nor young workers should be assigned to regular manual transport of loads, and where adult women workers are so assigned, the maximum weight of such loads should be substantially less than that permitted for adult male workers; similarly, the maximum weight of such loads for young workers should be substantially less than that permitted for adult workers of the same sex (Paragraphs 15, 16, 19 and 20).

The Committee hopes that the Government will continue to take measures to ensure, as far as possible, that women workers and young workers are not engaged in the manual transport of loads and to ensure that, when these categories of workers are engaged in the manual transport of loads, the limits which are established for the loads take into account medical knowledge in this respect, as has been done for adult male workers. The Committee requests the Government to continue supplying information on the progress achieved in this respect and to supply information on the effect given in practice to the provisions relating to the manual transport of loads, including, for example, extracts of the reports of the inspection services and, taking into account the capacity of the statistical services, information on the number and nature of the violations reported and the measures taken in this respect, etc. (Part V of the report form).

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

The Committee notes with satisfaction the information provided in the Government's latest report and, in particular, the adoption of Legislative Decree No. 441/91 of 14 November 1991 establishing general principles for the promotion of occupational safety and health and Legislative Decree No. 219/93 of 16 June 1993 which creates the Institute for the Inspection of Working Conditions (IDICT). The Committee notes that this legislation ensures an improved application of the Convention by establishing a coherent national occupational safety and health policy, in particular, with respect to Articles 9, 10, 11(d), 15, 16 and 17 of the Convention.

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

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

In its previous comments, the Committee noted that the national legislation only gives effect to the Convention with respect to women and to men workers above 16 years of age and working in the civil construction industry, while the Convention, in accordance with Article 2, applies to all workers in all branches of economic activity. The Committee nevertheless noted the Government's indication in its first report that it was conscious of the need to adopt legislation ensuring the application of the Convention in all sectors of economic activity. The Committee hoped that the planned legislation would also contain provisions relating to the following Articles of the Convention:

(a)Article 5 (training of workers in working techniques with a view to preventing accidents before their assignment to the manual transport of loads other than light loads);

(b)Article 7 (limited assignment of young workers of less than 18 years of age to the transport of loads other than light loads and of a weight substantially less than that permitted for adult male workers).

The Committee notes the Government's statement in its latest report that it is still conscious of the need to adopt legislation ensuring the application of the Convention to all sectors of economic activity and that the current revision of existing standards in the light of EC directives will provide the opportunity to include in Portugese legislation the provisions of the Convention that are not yet covered.

The Committee hopes that new standards will be adopted in this respect in the near future and requests the Government to indicate any progress achieved in this respect in its next report.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes the information supplied in the Government's report in reply to its previous direct request and the comments made by the Portuguese Confederation of Industry (CIP) transmitted by the Government. The Committee notes the comment made by the CIP concerning the absence of any provision in Legislative Decree No. 281/87 of 24 June 1987 approving the General Regulation on Noise, explicitly stating that representatives of the employers must have the opportunity to accompany inspectors supervising the application of the measures prescribed in pursuance of the Convention, in accordance with Article 5, paragraph 4, of the Convention. The Committee, however, understands that section 49(3) of Legislative Decree No. 327/83 of 8 July 1983, approving the statute of the Labour Inspection, provides in general that labour inspectors may be accompanied by technical experts and representatives of the workers' or employers' organisations in the performance of their duties. The Committee requests the Government to provide further information, in its next report, on the following points:

Article 1, paragraph 1, of the Convention. In its previous comments, the Committee had noted that safety and health regulations in the agricultural sector were being drafted and requested a copy of the text. The Government has indicated in its report that the drafting process for these regulations has not yet been completed but that the draft rules concerning agricultural machinery have been finalised. The Committee requests the Government to indicate the progress made in elaborating the regulations necessary to apply the Convention to the agricultural sector and to supply a copy of the draft rules concerning agricultural machinery.

Article 1, paragraph 3. The Committee notes with interest the Government's statement, in its report, that the Directorate General for the Fisheries has initiated action to gather information with a view to the adoption of a decision to apply this Convention to the fishing industry. It further notes from the Government's report that, at present, the Directorate General does not consider it possible to make a proposal for the application of the Convention to the fishing industry. The Committee would recall that Article 1, paragraph 3, of the Convention provides that each Member shall give reasons for the exclusion of any branch of economic activity from the application of the Convention. It therefore requests the Government to indicate, in its next report, the reasons for this exclusion and to state whether there has been any change in the position of its law and practice as concerns the fishing industry.

Article 2. In its previous comments, the Committee noted with interest the provisions pertaining to the regulation of vibrations in the general safety and health regulations for commerce, offices and services (Legislative Decree No. 243/86) and in the mines' and quarries' regulations (Legislative Decree No. 18/85). It also noted the concern expressed by the CGTP-IN that vibrations were excluded from the application of the Convention. In its latest report, the Government has indicated that, in light of the new legislation concerning vibrations, it will be possible to reconsider the exclusion of vibrations from the application of the Convention. The Committee would point out that Article 2, paragraph 3, provides that, when a Member is satisfied that conditions permit accepting the obligations of this Convention in respect of a category of hazard previously excluded, the Member should notify the Director-General of the International Labour Office that it has decided to accept the previously excluded obligation. The Committee hopes that the Government will be in a position to do this in the near future and requests the Government to indicate any progress made in this regard.

Article 6, paragraph 2. The Government has indicated that a provision concerning the collaboration of employers operating simultaneously at one workplace will probably be included in a "Basic Act" which is presently being prepared. The Government is requested to indicate, in its next report, the progress made in this regard.

Article 8, paragraph 3. The Committee notes with interest the adoption of Legislative Decree No. 284/89 of 24 August 1989 prescribing measures for the protection of workers against hazards of exposure to asbestos, Legislative Decree No. 273/89 of 21 August 1989 prescribing measures for the protection of workers against the hazards of exposure to vinyl chloride monomer, and Legislative Decree No. 274/89 of 21 August 1989 prescribing measures for the protection of workers against the hazards of exposure to lead. The Committee requests the Government to indicate the manner in which increase in occupational hazards resulting from simultaneous exposure to several harmful factors at the workplace are taken into account when establishing or revising criteria for determining hazards and exposure limits.

Article 9(b). The Committee notes that section 4 of Legislative Decree No. 284/89, section 3 of Decree No. 274/89 and section 3 of Decree No. 273/89 refer to the need to adopt organisational measures for reducing, as far as possible, the number of workers exposed or likely to be exposed to asbestos, lead and vinyl chloride monomer, respectively. The Government is requested to describe the organisational measures taken in pursuance to these Decrees.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

1. The Committee notes with interest the information supplied in the Government's report concerning the application of Articles 11(a), (b), (c) and (f), 14, 19(b) and 20 of the Convention. The Committee notes, however, that a coherent national policy on occupational safety and health and the working environment is yet to be established. As noted previously, such a policy should pursue the objectives set out in Articles 4, 5, 6 and 7. The Committee again hopes that the next report will indicate progress made in this respect, and requests, in particular, that the Government indicate the state of progress of the framework legislation on occupational safety and health and the working environment which had been proposed by the International Programme for the Improvement of Working Conditions and Environment (PIACT) in 1984.

2. The Committee requests the Government to supply further information on the following points:

Article 1 of the Convention. The Committee notes with interest the Ministerial Order of 2 December 1988 which applies Legislative Decree No. 243/86 of 20 August 1986, prescribing general regulations on occupational safety and health in commerce and offices, to the public administration. Furthermore, the Committee has noted the Government's indication that draft safety and health regulations concerning agricultural work, as well as regulations concerning medical personnel, have been elaborated by the Director-General for Occupational Safety and Health and the Minister of Health respectively. It hopes that these texts will be adopted in the near future and requests the Government to supply copies of these texts once they are adopted.

Article 9, paragraph 1. The Committee notes with interest the statistics provided by the Government in the Labour Inspectorate's activities report for 1988-89 which indicate an increase in the number of inspection visits made concerning occupational safety and health, as well as an increase in the number of workers covered by these visits. It requests the Government to continue to indicate the measures taken to ensure effective supervision of the application of legislative provisions concerning occupational safety and health.

Article 10. The Committee notes that the Director-General for Occupational Health and Safety and the Labour Inspectorate provide guidance to workers and employers so as to help them comply with their legal obligations. It once again requests the Government to supply details of the action taken to provide this guidance.

Article 11. The Committee notes that, according to the Government's report, the Labour Inspectorate holds inquiries with regard to serious occupational accidents. It further notes that, according to the Labour Inspectorate's statistics, out of a total of 8,598 reported occupational accidents, only 526 inquiries were held. It requests the Government to indicate the criteria used to determine whether inquiries will be held with regard to occupational accidents and whether inquiries are held concerning occupational diseases, in accordance with paragraph (d).

Paragraph (e). The Committee again requests the Government to indicate the measures taken to ensure the annual publication of information on the measures taken with regard to occupational diseases and other injuries to health which arise in the course of or in connection with work.

Article 12. The Committee notes with interest the information supplied in the Government's report concerning: Decree Nos. 101/74 and 102/74 of 14 March regulating pressurised containers; Decrees Nos. 74/77 and 66/77, of 28 February and 3 May respectively, regulating gas machines; Decree No. 117/88 of 12 April concerning electrical equipment; and Decrees Nos. 386/88 and 736/88, of 25 October and 10 November respectively, concerning agricultural tools and machinery. It requests the Government to provide further information on measures taken or envisaged to regulate the design, manufacture, importation or transfer of other machinery, equipment or substances so as to ensure the safety and health of those working with the machinery, equipment or substances.

Article 13 and Article 19(f). The Committee notes the provisions noted by the Government concerning just motives for dismissing a worker. In particular, it notes that sections 9.2(a) and 9.2(g) of Decree No. 64-A/89 of 27 February 1989 concerning the termination of individual labour contracts permit dismissal in cases where a worker has illegitimately disobeyed the orders of his superiors or has been unjustifiably absent from work. It further notes that section 32 of Decree No. 49.408 of 24 November 1969 concerning individual labour contracts protects a worker from disciplinary sanctions in cases where the worker has made a complaint concerning the working conditions or where the worker has acted in a way so as to avail himself of his rights and guarantees. It requests the Government to indicate if there are any provisions or judicial decisions which would indicate that among workers' rights is the right to remove him or herself from a work situation which he/she had reasonable justification to believe presented an imminent danger to his/her life or health. It also requests the Government to indicate if there are any judicial decisions which conclude that the situation protected by this Article falls outside the scope of sections 9.2(a) and 9.2(g) of Decree No. 64-A/89.

The Committee would recall that Article 13 of the Convention is not fully applied in the absence of a provision ensuring that an employer cannot require workers to return to a work situation where there is continuing imminent and serious danger to life or health, as this would negate any worker's right to remove himself or herself from such a situation. It, therefore, requests the Government to indicate the measures taken or envisaged to ensure that an employer cannot require workers to return to a work situation where there is continuing imminent and serious danger to life or health, in accordance with Article 19(f). The Government is also requested to indicate the measures taken to ensure that a worker reports any situation which he or she believes presents an imminent and serious danger to life or health.

Article 15. As an integrated approach to questions of occupational safety and health and the working environment is crucial to the application of this Convention, the Committee requests the Government to indicate the measures taken or envisaged to ensure the necessary co-ordination between the various authorities and bodies called upon to give effect to Part II of the Convention.

Article 16. The Committee notes with interest Decrees Nos. 251/87, 273/89, 274/89 and 284/89 referred to in the Government's report which ensure application of this Article in all branches of economic activity and requests the Government to supply copies of these texts with its next report.

Article 17. The Committee again requests the Government to indicate the measures taken to ensure collaboration in the application of this Convention between undertakings engaged in activities simultaneously at one workplace.