MODERNIZING LABOUR INSPECTION IN BRAZIL Junia Maria Barreto Director of Occupational Safety and Health Department Minist

1. MODERNIZING LABOUR INSPECTION IN BRAZIL • Junia Maria Barreto • Director of Occupational Safety and Health Department • Ministry of Labor and Employment • Brazil

2. Area (Km2) : 8.547.403,5 • Population: 191.854.933 • Economically active: 99,5 million • 2997 inspectors in a federal system – 1/3 of them specialists or with training in occupational health or safety engineering • 27 regional units + 115 subregional units • 40 million employees in more than 7 million worksites

3. Inspectors in regional and subregional units (two areas: “general” and OSH) • technically subordinated to the central organ • access to the career is exclusively through national examination • federal public servants • free access to all workplaces • check the compliance with legal provisions about labor protection and occupational safety and health regulations • analyses work-related accidents • power to impose interdictions or debarments and to impose fines • can have access to all documents related to the compliance of the labor law

4. Labor Inspection programmes includes: • Worker Protection Network • Slave Work • Child Labor • Health and Safety at Work – inspection and regulation actions • In 2007, 653 090 work-related accidents with 2 804 deaths • 159 741 occupational diseases • 8 504 workers with permanent disability in consequence of the accidentes/diseases • OSH area (2008): 150 000 inspections performed with 5 000 interdictions or debarments, 40 000 fines imposed, 2 000 accidents analised Apesar de ser possível adicionar vídeos dentro da própria apresentação, recomenda-se que a adição de vídeos seja feita através de links para os respectivos arquivos.

5. First Regulation of Labour Inspection: 1965 • Remuneration x productivity • Salary + Bonus related to the number and size of workplaces inspected (12 000 “points”) • Division in general inspectors and OSH inspectors (all of them specialists in occupational health or safety engineering) • No planning of the inspection activities, except after 1998, only in the OSH area (inspection projects with focus in economical activities with more work-related accidents) • Obrigado por sua atenção.

6. 2004: Law n. 10910 – re-structures Labour Inspector’s career • New inspectors in OSH area - no more only for specialists • Goals of productivity with financial impacts related to: • Reduction of the informality rates • Maximization of the collection rates the Mandatory Fund for Unemployment Benefit (FGTS) and fight against tax evasion • Reduction of work-related risks • Inspectors of both areas must contribute to at least two of these objectives • Obrigado por sua atenção.

7. Benefits • Development of new strategies and inspection methods with focus in economical sectors, clusters and productive chains • Annual plannig focused in problems selected in consultation with workers representatives • More efficiency • Difficulties • Measurement of inspector’s production do not considered the size of the enterprise and important safety and health issues • Challenge of effectiveness • Obrigado por sua atenção.

9. Law nº 11.890, 2008 • Changes the type of the remuneration of all federal inspectors • No relationship between productivity and salaries • Challenge: construct a new and better management system for Labor Inspection

10. 2009 • New work methodology definition • Emphasis on quality in search of better and sustainable results and greater efficiency and effectiveness • Guidelines for labor inspection • to plan the work together • to work in teams • to develop inspection projects • to change experiences • to dialogue with social partners

11. Inspection projects • National and regional diagnosis • Focus on priorities • National • Regional • Plans for 4 years, with annual reviews • Definition of objectives, goals and indicators • “Mixed” teams • Development of tools to help and harmonize inspection procedures • Evaluation: global, for each project, for each inspector