Advanced Search

Decree No. 6271, November 22 2007

Original Language Title: Decreto nº 6.271, de 22 de Novembro de 2007

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

DECREE NO. 6,271, OF November 22, 2007.

Promulga the Convention no 167 and the Recommendation no 175 of the International Labour Organization (ILO) on Security and Health in Construction, adopted in Geneva, on June 20, 1988, by the 75a Session of the International Labor Conference.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignment that gives it the art. 84, inciso IV, of the Constitution,

Considering that the National Congress has approved the texts of the Convention No 167 and Recommendation No. 175 of the International Labour Organization (ILO) on Security and Health in Construction, by means of Legislative Decree no 61, April 18, 2006;

Considering that the Brazilian Government ratified the cited Convention on May 19, 2006;

Whereas the Convention entered into international force on January 11, 1991, and for Brazil on May 19 of 2007;

DECRETA:

Art. 1st The Convention No 167 and Recommendation No. 175 of the International Labour Organization (ILO) on Safety and Health in Construction, apensas by copy to the present Decree, will be executed and fulfilled as entirely as in them contains.

Art. 2nd They are subject to the approval of the National Congress any acts that may result in revision of the said Convention or that carries charges or commitments engraved to the national heritage, pursuant to art. 49, inciso I, of the Constitution.

Art. 3rd This Decree shall come into force on the date of its publication.

Brasilia, November 22- 2007; 186º of Independence and 119º of the Republic.

LUIZ INÁCIO LULA DA SILVA

Celso Luiz Amorim Nunes

This text does not replace the one published in the DOU of 11/23/2007

CONVENTION 167 ON SAFETY AND HEALTH IN CONSTRUCTION

The General Conference of the International Labor Organization.

Convocated in Geneva by the Board of Directors of the International Labour Repartition and having there been meeting in June 1, 1988, at its septuagesima fifth session;

Observing the Conventions and International work recommendations on the subject and, in particular, the Convention and Recommendation on safety requirements (building), 1937; the Recommendation on collaboration to prevent accidents (buildings), 1937; the Convention and the Recommendation on protection of machinery, 1963; the Convention and Recommendation on maximum weight, 1967; the Convention and Recommendation on occupational cancer, 1974; the Convention and Recommendation on the environment at work (air pollution, noise and vibrations), 1977; the Convention and Recommendation on safety and health of workers, 1981; the Convention and Recommendation on health services at work, 1985; the Convention and Recommendation on asbestos, 1986 and list of diseases professionals, in their modified version of 1980, attached to the Convention on the benefits in the case of accidents at work, 1964;

After it has decided to adopt various proposals on safety and health in construction, which constitutes the fourth item of the session's agenda, and

After it has decided that these proposals should take the form of an international Convention that review the Convium on safety requirements (building), 1937,

Adota, on this twentieth day of June a thousand nine hundred and eighty-eight, the present Convention, which could be cited as the Convention on Safety and Health in Construction, 1988:

I. AREA OF APPLICATION AND DEFINITIONS

Article 1º

1. This Convention applies to all construction activities, i.e. the works of edification, public works and assembly work and disassemble, including any process, operation and transport in the works, from the preparation of the works until the completion of the project.

2. Every member who ratifies this Convention may, by prior consultation with the most representative organizations of employers and interested employees, if any, exclude from the application of the Convention or some of its applications certain branches of economic activity or companies regarding which are exposed special problems that possess certain importance, under the condition of ensuring one more means of safe and healthy working environment.

3. This Convention also applies to self-employed workers whom the national legislation may designate.

Article 2º

For the purposes of this Convention:

(a) the expression? construction? covers:

i) the edification, included the excavations and the construction, the transformations structural, renovation, repair, maintenance (including cleaning and painting works) and demolition of all kind of buildings and structures;

ii) the public works, including the works of excavations and the construction, structural transformation, repair, maintenance and demolition of, for example, airports, embarcadors, ports, canals, reservoirs, works of prevention against river and sea waters and avalanches, roads and motorways and highways, railways, bridges, tunnels, viaducts and works related to the provision of services such as communications, caption of rainwater, sewage and water supplies and energy;

iii) the assembly and the disassembles of buildings and structures the basis of prefabricated elements, as well as the making of these elements in the works or in their immediate vicinity;

(b) the expression? works? designates any place where any of the work or operations described in the item (a), previous;

(c) the expression? site of work? designates all sites where workers should be or where they should be or where they should be heading due to their work and that if find under the control of an employer in the sense of the item (e);

(d) the expression ? worker? designates any person employed in the construction;

(e) the expression? employer? assigns:

i) any physical or legal person who employs one or several employees in a work; and

ii) second for the case, the main contractor, the contractor and the subcontractor;

(f) the expression? competent person? designates the person possessing appropriate qualifications, such as appropriate training and knowledge, sufficient experience and skills to perform specific functions under security conditions. The competent authorities will be able to define the criteria for the designation of such persons and determine the obligations that should be assigned to them;

(g) the expression? andaimes? designates all fixed, suspended or mobile interim structure, and the components in which it supports itself, to which it serves as a support for the workers and materials or allows access to that structure, excluding the lifts apparatus set out in the item (h);

(h) the expression? elevator apparatus? designates all appliances, fixed or movable, used to hoist or descend persons or loads;

(i) the expression? accessory? designates every mechanism or equipment by means of which it is possible to hold a load or an elevator apparatus, but which is neither an integral part of the apparatus nor of the load.

II. GENERAL PROVISIONS

Article 3º

Dever will consult with the most representative organisations of employers and workers about the measures that will be required to adopt to bring about the effect of the provisions of the present Convium.

Article 4º

Every member who ratifies this Convention undertakes, on the basis of an assessment of the risks that exist for safety and health, to adopt and maintain in force legislation that ensures the application of the provisions of the Convention.

Article 5º

1. Legislation that is adopted in accordance with Article 4º of this Convention may provide for its practical application by technical standards or repertoires of practical recommendations or by other appropriate methods, in accordance with conditions and national practice.

2. By taking effect Article 4º of this Convention and paragraph 1 of this Article, every member shall take due account of the relevant standards adapted by the recognized international organizations in the area of standardization.

Article 6º

Desummer is to be adopted measures to ensure cooperation between employers and workers, in accordance with the modalities that national legislation defines, in order to foster safety and health in the works.

Article 7º

National legislation should predict that employers and self-employed workers will be required to comply with the place of work the prescribed measures on safety and health.

Article 8º

1. When two or more employers are carrying out activities simultaneously in the same work:

(a) the coordination of the prescribed measures on safety and health and, to the extent that it is compatible with national legislation, the responsibility to provide for the effective fulfillment of such measures will fall on the principal contractor or on another person or body who is exercising effective control or has the primary responsibility for the set of activities in the works;

(b) when the main contractor, or the person or organism that is exercising effective control or has the principal responsibility for the work is not present in the workplace shall, in so far as this is compatible with national law, assign to a competent person or body, present in the work, the authority and the means necessary to ensure in its name the coordination and application of the measures in the item (a);

(c) each employer will be responsible for the application of the measures prescribed to workers under their authority.

2. When employers or self-employed workers carry out activities simultaneously in a same piece of work, they will have an obligation to cooperate in the application of the prescribed safety and health measures that the national legislation determines.

Article 9º

The people responsible for the design and planning of a construction project are expected to take into consideration the safety and health of construction workers, in compliance with national legislation and practice.

Article 10

National legislation should provide that in any workplace the workers will have the right and the duty to participate in the establishment of safe working conditions to the extent that they control the equipment and work methods adopted, in what these can affect safety and health.

Article 11

The national legislation should stipulate that workers will have the obligation to:

(a) cooperate in the narrowest possible way with their employers in the application of the prescribed measures on safety and health;

(b) ensuring reasonably for your own safety and health and that of other people who may be affected by the your acts or omissions at work;

(c) use the means placed at your disposal and not use undue form any devices that have been afforded to them for their own protection or protection of others;

(d) inform without delay to your immediate superior and to the workers' safety delegate, if any, about any situation that your seeing may contain risks and that they cannot properly circumvent themselves;

(e) comply with the measures prescribed in safety and health matters.

Article 12

1. National legislation should establish that every worker will have the right to move away from a situation of danger when he has reasonable grounds to believe that such a situation contains immediate and serious risk to their safety and their health, and the obligation to inform the fact without delay to its hierarchical superior.

2. When there is an imminent risk to the safety of workers, the employer should adopt immediate measures to stop the activities and, if necessary, provide for the evacuation of workers.

III. MEASURES FOR PREVENTION AND PROTECTION

Article 13

Safety in workplaces

1. All appropriate precautions should be taken to ensure that all workplaces are safe and are free from risks to the safety and health of workers.

2. They should be facilitated, maintained in good condition and flagged, where it is accurate, safe means of access and exit at all workplaces.

3. All appropriate precautions should be adopted to protect the people present in a work, or in their immediate vicinity, of all the risks that may derive from it.

Article 14

Andaimes and handy stairs

1. When the work cannot be performed with full safety at the floor level or from the floor or from a part of a building or other permanent structure, they should be assembled and kept in good condition safe and appropriate scafs or if recourse to any other equally safe and appropriate means.

2. If there is a lack of other safe means of access to places of work at high points, appropriate and good quality hand ladders should be provided. They should be conveniently stuck in order to prevent every involuntary movement.

3. All scaffolds and hand ladders are to be built and used in accordance with national legislation.

4. Scaffolds should be inspected by a competent person in the cases and at times prescribed by national legislation.

Article 15

Appears lifts and içade accessories

1. Every elevator apparatus and all içade accessory, including its constitutive elements, parts for fixing and anchoring and supports should:

(a) be well designed and built, be manufactured with good quality materials and have the appropriate resistance for the use to which they are destined;

(b) be installed and used correctly;

(c) be kept in good working condition;

(d) be screened and submitted to test by competent person in the moments and cases prescribed by the legislation national; the results of the examinations and tests must be recorded;

(e) be handled by the workers who have received appropriate training in compliance with national legislation.

2. They should not be hoisted, descended nor transported persons by means of any elevator apparatus, unless it has been built and installed with that objective, in accordance with national legislation, except in the case of a situation of urgency in which it needs to avoid risks of serious injury or deadly accident, when the elevator apparatus can be used with absolute safety.

Article 16

Vehicles of transport and moving machinery

of land and material handling

1. All vehicles and all the ground handling and material handling machinery should:

(a) be well-designed and built, taking into account, as far as possible, the principles of ergonomics;

(b) be kept in good condition;

(c) be correctly used;

(d) be manipulated by workers who have received adequate training in compliance with national legislation.

2. In all the works in which vehicles and machinery for moving land or handling materials are used:

(a) should be facilitated safe and appropriate access pathways for them;

(b) should be organized and controlled the transit in order to ensure its use in safe conditions.

Article 17

Installations, machines, equipment, and hand tools

1. Installations, machines and equipment, inclusive of manual tools, whether or not driven by motor, should:

(a) be well-designed and built, taking into account, as far as possible, the principles of ergonomics;

(b) be kept in good condition;

(c) be used exclusively in the works for which they were designed, unless their use for other purposes, several of those initially envisaged, has have been the subject of a full assessment by a competent person who has concluded that such use does not present risks;

(d) be manipulated by workers who have received appropriate training.

2. In the appropriate cases, the manufacturer or employer will provide appropriate instructions for a safe use, in an intelligible form to the users.

3. The pressure installations and equipment shall be examined and submitted to the test by competent person, in the cases and moments prescribed by the national legislation.

Article 18

Works on the heights, including the roofs

1. Where it is necessary to prevent a risk, or when the height of the structure or its slope exceeds that which is determined by national legislation, preventive measures should be adopted to prevent falls of workers and tools or other materials or objects.

2. When workers need to work close to or on roofs or any other surface coated with fragile material through which they may fall, preventive measures should be adopted so that they do not inadvertently step in that fragile material or may fall through it.

Article 19

Excavations, wells, landfills, underground works and tunnels

In the excavations, wells, landfills, underground works or tunnels should be taken suitable precautions:

(a) placing proper abrasure or resorting to other means to prevent workers from have a risk of collapsing or depressing land, rocks or other materials;

(b) for prevent the dangers of falls of people, materials or objects, or irruption of water in the excavation, well, landfill, underground work or tunnel;

(c) to ensure sufficient ventilation in all workplaces in order to maintain a pure atmosphere, fit for respiration, and to keep up with smoke, gases, vapours, dust or other impurities at levels that are not dangerous or harmful to health and are in accordance with the limits set by the national legislation;

(d) so that workers can put themselves safe in the case of fire or an irruption of water or materials;

(e) to avoid to workers risks derived from possible underground hazards, particularly the circulation of fluxes or the existence of gas pockets, proceeding to the realization of appropriate research in order to locate them.

Article 20

Predams and compressed air coffins

1. Pre-dams and compressed air coffins should:

(a) be well built, be manufactured with appropriate materials and solids and have sufficient resistance;

(b) be provided with means to enable the workers to be made safe in the case of water or materials irruption.

2. The construction, placement, modification or disassembling of a pre-dam or compressed air coffin should be carried out exclusively under the direct supervision of competent person.

3. All pre-dams and compressed air coffins will be examined by competent person, at prescribed intervals.

Article 21

Works in compressed air

1. Work on compressed air should be carried out exclusively under the conditions prescribed by national legislation.

2. Work on compressed air should be carried out exclusively by workers whose physical fitness has been proven by medical examination, and in the presence of a competent person to supervise the development of operations.

Article 22

Armaments and shapes

1. The assembly of frames and their elements, of shapes, of slips and of escapements should only be carried out under the supervision of competent person.

2. Appropriate precautions should be taken to protect workers from the risks due to the fragility or temporary instability of a structure.

3. The shapes, the slips and the escapements should be designed, built and conserved in a way to safely sustain all the loads to which they can be subjected.

Article 23

Works on top of a water surface

When work is carried out on top or in the vicinity of a water surface, suitable arrangements should be adopted for:

(a) preventing workers from being able to fall into the water;

(b) save any worker in danger from drowning;

(c) provide safe and sufficient means of transport.

Article 24

Demolition Work

When the demolition of a building or structure may contain risks for the workers or the public:

(a) appropriate precautions will be taken and appropriate methods and procedures will be adopted, including those required for the removal of rejects or waste, in accordance with national legislation;

(b) the work should be planned and implemented exclusively under the supervision of competent person.

Article 25

Lighting

In all the workplaces or any other place of work by where the worker has to pass should there be sufficient and appropriate lighting, including, when it is the case, portable luminaires.

Article 26

Electricity

1. All electrical equipment and installations are to be built, installed and maintained by competent person, and used in a manner to prevent any danger.

2. Prior to starting construction works, as well as during their implementation, appropriate measures should be adopted to check the existence of some cable or electrical apparatus under stress in the works, on top or under them, and prevent any risk that its existence may imply for the workers.

3. The placement and maintenance of electrical cables and appliances in the works should respond to the standards and technical rules applied at a national level.

Article 27

Explosives

The explosives should only be stored, transported, manipulated or used:

(a) in the conditions prescribed by national law;

(b) by competent person, who should adopt the measures necessary to avoid any risk of injury to workers and other persons.

Article 28

Risks for health

1. When a worker may be exposed to any chemical, physical, or biological risk, to a degree that may result dangerous to his / her health, appropriate measures of prevention should be taken.

2. The exhibition referred to in paragraph 1 of this Article should be prevented:

(a) replacing hazardous substances with harmless or less hazardous substances, whenever this is possible; or

(b) applying technical measures to the installation, the machinery, equipment or processes; or

(c) when it is not possible to apply the items (a) nor (b), resorting to other effective measures, particularly to use of clothes and personal protective equipment.

3. When workers need to penetrate into a zone where there may be a toxic or harmful substance, or whose atmosphere may be deficient in oxygen or be flammable, appropriate measures should be adopted to prevent all risks.

4. They should not be destroyed or otherwise disposed of the residual materials in the works if this can be detrimental to the health.

Article 29

Precautions against fires

1. The employer should adopt all appropriate measures to:

(a) avoid the risk of fire;

(b) extinguish quickly and effectively any outbreak of fire;

(c) ensure the fast and safe evacuation of people.

2. Sufficient and appropriate means should be provided for storing liquids, solids and flammable gases.

Article 30

Roupas and personal protective equipment

1. When it is not possible to ensure by other means appropriate protection against risks of accidents or damage to health, including those derived from exposure to adverse conditions, the employer should provide and maintain, at no cost to the workers, clothes and personal protective equipment appropriate to the types of work and risks, in accordance with national legislation.

2. The employer should provide employees with the appropriate means to enable the use of personal protective equipment and to ensure the correct use of them.

3. Personal protective clothing and equipment should be adjusted to the standards set by the competent authority, taking into account, as far as possible, the principles of ergonomics.

4. Employees will have an obligation to use and treat in a proper manner the clothes and personal protective equipment provided to them.

Article 31

First soccurros

The employer will be responsible for ensuring at all times the availability of appropriate means and personnel with appropriate training to provide the first aid. Necessary arrangements should be made to ensure the removal of injured workers, in the case of accidents, or taken from sudden harm to be able to provide for the same necessary medical assistance.

Article 32

Well-being

1. In every work or the reasonable distance of the same, sufficient supply of drinking water will be available.

2. In every work or the reasonable distance of it, and depending on the number of employees and the duration of the work, the following services should be provided and maintained.

(a) sanitary facilities and personal hygiene;

(b) installation to change clothes and to guard it and dry it;

(c) places for meals and for the shelter during disruptions of the work caused by the intempseries.

3. Sanitary and personal hygiene facilities should be provided separately for workers and workers.

Article 33

Information and formation

Dever will make it easier for workers, in a sufficient and appropriate manner:

(a) information about the risks to their safety and their health to which they may be exposed in the workplaces;

(b) instruction and training on the means available to prevent and control these risks and to protect themselves from the same.

Article 34

Notification of accidents and diseases

National legislation should stipulate that occupational accidents and illnesses are notified to the authority competent within a time frame.

IV. APPLICATION

Article 35

Each Member should:

(a) adopt the necessary measures, including the establishment of appropriate sanctions and corrective measures, to ensure the effective implementation of the provisions of the present Convention;

(b) organize appropriate inspection services to supervise the application of the measures that are adopted in accordance with the Convention and provide these services with the means necessary to carry out their task, or to check that proper inspections are being effected.

V. GENERAL PROVISIONS

Article 36

This Convention revises the Convention on safety requirements (edification), 1937.

Article 37

The formal ratifications of this Convention will be communicated for its registration, to the Director-General of the International Labour Repartition.

Article 38

1. This Convention will only obligate those Members of the International Labor Organization whose rectifications have been registered by the Director-General.

2. It shall enter into force twelve months after the date on which the ratifications of two Members have been registered by the Director-General.

3. From the said moment, this Convention will enter into force, for each Member, twelve months after the date on which it has been registered.

Article 39

1. Every Member who has ratified this Convention will be able to report it at the end of a period of ten years, from the date on which it has initially entered into force, upon an act communicated to the Director General of the International Labour Party and by it registered. The complaint shall only take effect one year after the date on which it has been registered.

2. Every Member who has ratified this Convention and who, within one year after the expiration of the ten-year period, mentioned in the preceding paragraph, does not make use of the right of denunciation provided for in this Article, will be obliged during a new period of ten years and thereafter may denounce this Convention by expiring each ten-year period, under the conditions laid down in this Article.

Article 40

1. The Director General of the International Labour Party shall notify all Members of the International Labour Organization the record of all ratifications, declarations and denunciations communicated to it by the Members of the Organization.

2. By notifying the Members of the Organization of the record of the second ratification that has been communicated to it, the Director General shall draw the attention of the Members of the Organization to the date of entry into force of this Convention.

Article 41

The Director General of the International Labour Breakdown shall communicate to the Secretary-General of the United Nations, for the purpose of registration and in accordance with Article 102 of the Charter of the United Nations, the complete information regarding any ratifications, declarations and acts of denunciation.

Article 42

Always that the necessary judging, the Board of Directors of the International Labour Repartition will submit to the Conference a report on the implementation of the Convention and will consider the desirability of including on the agenda of the Conference the issue of its full or partial revision.

Article 43

1. If the Conference adopts a new Convention that fully or partially revise this Convention, and unless the new Convention disposes of it contrary:

(a) ratification, by a Member, of the new revised Convention will imply, in full right, notwithstanding the provisions of Article 34, the immediate denunciation of this Convention, since that the new revised Convention has entered into force;

(b) from the entry into force of the Revised Convention, this Convention shall cease to be open to the ratification of the Members.

2. This Convention will continue in force in any case, in its present form and content, for the Members who have ratified it and not ratify the revised Convention.

Article 44

The English and French versions of the text of this Convention are similarly authentic.

RECOMMENDATION 175 ABOUT SAFETY AND HEALTH IN CONSTRUCTION

The General Conference of the International Labor Organization.

Convocated by the Board of Directors of the International Labour Repartition, has held, in Geneva, its septuagesima fifth session, and

Having in view important International Conventions and Recommendations of the work on the subject and, in particular, the Convention and Recommendation on safety requirements (building), 1937; the Recommendation on collaboration to prevent accidents (buildings), 1937; the Convention and the Recommendation on protection of machinery, 1963; the Convention and the Recommendation on maximum weight, 1967; the Convention and Recommendation on Occupational Cancer, 1974; the Convention and Recommendation on the environment at work (air pollution, noise and vibrations), 1977; the Convention and Recommendation on safety and health of workers, 1981; the Convention and Recommendation on health services at work, 1985; the Convention and Recommendation on asbestos, 1986 and list of occupational diseases, in its modified version of 1980, attached to the Convention on the benefits in the case of accidents at work, 1964, and

Having decided by the approval of some proposals on safety and health in the construction-fourth agenda item of the Session-and

Havendo determined that such proposals will take the form of a Recommendation, complementing the Convention on Safety and Health in Construction,

Adota, on twenty June of a thousand nine hundred and eighty eight, the following Recommendation, which can be named Recommendation on Safety and Health in Construction, from 1988.

I. Scope and Definitions

1. The provisions of the Convention on Safety and Health in Edifications, 1988 (henceforth referred to as the Convention), as well as in this Recommendation, shall apply, especially, to:

(a) edifices, civil engineering, construction and demolition of buildings and prefabricated structures, in the terms of what has Article 2 (a) of the Convention;

(b) manufacture and assembly of oil probes and of deep-sea facilities while under execution on land;

2. For the purposes of this Recommendation:

(a) the term construction covers:

(i) the edification, included the excavations and the construction, the structural transformations, the renovation, the repair, maintenance (including the cleaning and painting works) and the demolition of all kind of buildings and structures;

(ii) the public works, including the works of excavations and the construction, structural transformation, repair, maintenance and demolition of, for example, airports, embarcadors, ports, canals, reservoirs, works of prevention against river and sea waters and avalanches, roads and motorways and highways, railways, bridges, tunnels, viaducts and works related to the provision of services such as communications, caption of rainwater, sewage and water supplies and energy;

(iii) the assembly and the disassembling of buildings and prefabricated structures, as well as the manufacture of prefabricated parts in the construction site;

(b) the canker expression of works designates any location where any of the activities indicated in the letter (a), above;

(c) the local expression of work designates all the places where workers need to be or to which need to go on the grounds of their work and who are under control of an employer, pursuant to the provisions of the letter (f), below;

(d) the term worker designates any person employed naconstruct;

(e) the expression representatives of workers refers to persons recognized as such by legislation or national practice;

(f) the term employer means:

(i) any physical or legal person employing one or more workers in the construction site; and

(ii) as per the case, company, contractor or subcontractor;

(g) the specialized person expression refers to the person with qualifications, i.e., proper training and sufficient knowledge, experience and aptitude for the exercise of specific functions under conditions of safety. The competent authorities will be able to define the criteria for the referral of such persons and the duties that they should be assigned;

(h) the term andaime designates any interim, fixed, suspended or mobile structure, with its respective components, intended to serve as support for workers and materials or to allow access to any such structure, without constituting a? mechanism of yardage? as the defined in the letter (i), below;

(i) the expression lift designates any mechanism, fixed or mobile, used to hoist or download persons or loads;

(j) the expression mechanism of içamento designates any mechanism or winch by means of which it is possible to dock a load to an elevator, but that is not an integral part of the equipment or the load.

3. The provisions of this Recommendation should also apply to so many self-employed workers as many as specified in national legislation or standards.

II. General Provisions

4. From national legislation and standards it should appear mandatory, both for employers and for self-employed workers, to keep the workplace safe and healthy and to obey the health and safety measures prescribed therein.

5. (1) Whenever two or more employers assume activities in a construction site, they will be required to cooperate with each other, as well as with any other persons participating in the work, therein included the owner, or their representative, at service to health and safety requirements.

(2) The ultimate responsibility for the coordination of sanitary and safety measures in the site of works will be of the company or of any other person responsible for the execution of the works.

6. The arrangements to be adopted for ensuring cooperation between employers and employees, with a view to ensuring health and safety conditions in works singles, should be in legislation or national standards or be determined by the competent authority. Such arrangements should include:

(a) creation of health and safety commissions, representative of employers and workers and with powers and attributions to be defined;

(b) election or referral of workers' representatives to security issues, with powers and attributions to be defined;

(c) indication, by the employer, of suitably qualified and experienced persons in the formulation of conditions of safety and health;

(d) representative training for security issues, as well as of members of the security commission.

7. People linked to the design and planning of a construction project should take into account the safety and health of the workers of the workforce, obeying the provisions of national legislation, standards and practice.

8. The design of the equipment to be used in the construction of the works, as well as the tools, protective equipment and other similar ones, is expected to meet ergonomic principles.

III. Preventive and Protective Measures

9. The work is to be planned, prepared and carried out in such a way that:

(a) risks liable to arise in the workplace be prevented as soon as possible;

(b) positions and excessive or unnecessarily strenuous movements are avoided;

(c) the organization of light tasks in account of the safety and health of workers;

(d) the materials and the products used are appropriate, from the point of view of safety and health;

(e) the working methods target the protection of workers against harmful effects of chemical, physical and biological agents.

10. Of the national laws and standards should appear the requirement for notification to the competent authority on the extent, duration or characteristics of the work.

11. Employees should be assured of the right and duty, in any construction pipe, to ensure safe working conditions, in proportion to the control they exercise on the equipment and on the working methods, as well as of express opinion on the procedures adopted, whenever these may come to affect your safety and your health.

Work Locations Security

12. Work site organization programs are to be created and implemented in the works singles, which includes:

(a) proper stocking of materials and equipment;

(b) periodic removal of garbage and rubble;

13. Where workers cannot be protected against falls from high places by any other means:

(a) safety nets or tapumes should be installed and maintained; or

(b) protective straps are to be provided and used.

14. The employer should provide employees with the means necessary for the use of personal protective equipment, in addition to ensuring their use in an appropriate manner. The type of equipment and protective clothing should be in accordance with the standards set by the competent authority and listening, as far as possible, ergonomic principles.

15. (1) The safety of the machinery and equipment of the construction site is to be checked and tested, by type or unit, per specialist person.

(2) National legislation and standards are expected to take place in account for the possibility of occupational diseases being caused by the use of machinery, equipment and systems whose design does not comply with ergonomic principles.

Andaimes

16. Any scafe and parts thereof shall be constituted of appropriate and robust material, of size and potency appropriate to the purposes to which they are intended, in addition to being kept under appropriate conditions.

17. Any scaffolding is to be designed, hoisted and conserved in such a way as to prevent collapses or accidents when properly used.

18. The platforms, the walkways and ladders of the scafsings should have characteristics of size and manufacturing such that they guarantee the protection of those who work in them, in order to prevent falls of workers and the risk of being hit by tools or other objects.

19. No scaffing can be overloaded or used for a variety of purposes of those it is intended for.

20. No scaffold-up can be hoisted, substantially altered or disassembled otherwise by specialized person or under the supervision of this.

21. In line with national legislation and standards, the scaffolds should be inspected and the respective conclusions duly registered by specialist person:

(a) before it started its use;

(b) from then on, at periodic intervals;

(c) after any alteration, interruption of use, exposure to climatic factors, or seismic conditions, or any other circumstances liable to affect their potency or stability.

Içade winches and Mechanisms

22. The legislation and national standards should have on winches and içade mechanisms, which should be examined and tested by specialist person:

(a) before they are put into use for the first time;

(b) after its assembly in the workplace;

(c) subsequently, in the periods provided for by the aforementioned national legislation and standards;

(d) after any substantial alteration or repair.

23. The findings of examinations and tests carried out in winches and in components of the mechanism of yardage carried out in consonance with the provisions of paragraph 22 above shall be recorded and placed at the disposal of the competent authority, as from employers and workers or their representatives.

24. Any winch intended for a single type of load, as well as each component of the içation mechanism, should have the clear indication of the maximum weight capable of being supported.

25. Each winch intended for variable weight loads should be propped up with effective means that clearly indicate to its driver the maximum load and the conditions under which it can be used.

26. No winch or mechanism of yardage can be used with load or loads higher than its capacity, save for test purposes carried out by specialist person or under its supervision.

27. Each winch and each component of the içade mechanism will have to be properly installed, in order to, inter alia, propel sufficient and safe space between any mobile piece and fixed objects and ensure the stability of the equipment.

28. Where necessary for the purposes of protection against risks, no iing mechanism will be used without the due signalling devices.

29. Under the legislation and national standards, drivers and operators of such equipment should:

(a) having a minimum age limit;

(b) be properly trained and qualified.

30. Drivers and operators of vehicles and landing equipment or handling materials are expected to be trained and assessed persons in accordance with the requirements of national legislation.

31. There should be signalling devices or other control mechanisms for protection against risks eventually resulting from the movement of vehicles and landing equipment or the handling of materials, especially with regard to vehicles and equipment in march-to-the-ré maneuvering.

32. Preventive measures should be adopted to prevent vehicles and equipment from landing and handling of materials from rushing into excavations or in the water.

33. Where necessary, the landing and handling equipment of materials should be suitable to the designed structures in order to protect the respective operator against risks of tombament of the machine and falling material.

Excavations, Shafts, Landfills, Underground Works and Tunnels

34. No sliding or other type of support for any part of excavation, well, landfill, underground work or tunnel could be done, altered or disassembled, other than under supervision of specialist person.

35. (1) Any part of an excavation, well, landfill, underground work or tunnel in which there are workers will have to be inspected by specialized person, in the periods and in cases determined by national legislation and standards, registered the respective conclusions.

(2) Work will not be able to be initiated before such inspection.

Works with Compressed Air

36. Under Article 21 of the Convention, the concerted measures to work with compressed air should include devices regulating the conditions under which the work should be carried out, as well as the installation and equipment to be used, the medical supervision and the control of workers, in addition to the length of time of work.

37. A person can only be allowed to work in compressed air coffins if this one has been inspected by specialist, in service of legislation and national standards, and the inspection results have been duly registered.

Stacking

38. Every forklift should be of good design and reliable manufacturing, obeyed, as much as possible, ergonomic principles, and be subjected to the necessary maintenance.

39. The stacking tasks are to be carried out under expert person supervision.

Work on Water

40. The work-related provisions on water, contained in Article 23 of the Convention, should include, where couber, prediction and use of:

(a) tapume, protection nets, and seat belts;

(b) life jackets, lifeguards, bots (the motor, if necessary) and buoys;

(c) protection against risks such as presence of reptiles and other animals.

Risks to Health

41. (1) An information system should be propped up by the competent authority, based on international scientific research findings, for knowledge, by architects, contractors, employers and employee representatives, of any health risks arising from the use of substances used in civil construction.

(2) To manufacturers and representatives of products used in civil construction should be provided with information about possible health risks to them associated with, as well as about precautions to be taken.

(3) Where it is necessary to use material containing harmful substances and when from the removal and dumping of garbage, it should be safeguarded the health of workers and the public and preserved the environment, in accordance with that provided for in the respective national legislation.

(4) Dangerous Substances must have clearly identified and marked, by means of labels, their characteristics and the instructions on their use.

(5) The competent authority shall determine which harmful substances are to have their use prohibited in the civil construction industry.

42. The competent authority shall maintain records on the monitoring of the working environment and on the assessment of the health of workers with the periodicity provided for in national legislation.

43. The manual yetting of excessive weights that presents risks to safety and health should be avoided by reducing weight, with use of mechanical devices or other means.

44. Where new products, equipment and working methods are introduced, special attention should be paid to the need for information to the employees and training of these with regard to the implications in terms of safety and health.

Hazardous Environments

45. Measures relating to hazardous environments, prescribed in Article 28, paragraph 3, of the Convention, shall include the requirement for permission or prior authorization, in writing, of a specialized person, or of any other system by means of which if check access to any hazardous environment, only may be applied after the completion of the specific procedures.

Precaution against Fires

46. Where it becomes necessary to protect against danger, workers should be properly trained in the actions to be adopted in the event of a fire, including with regard to means of evacuation.

47. Where necessary, there should be visual signals that clearly indicate the evacuation routes in the event of a fire.

Radiation Risks

48. Strict safety standards are to be drawn up and put in place by the competent authority, in what concerns the workers involved in the maintenance, renovation, demolition or disassemblment of any buildings in which there is risk of exposure ionizing radiation, in particular in nuclear energy industry.

First Soccurros

49. The provision of first aid facilities and personnel, under the terms of Article 31 of the Convention, should be provided for in national legislation and standards drawn up after consultation with the competent health authorities and bodies more representative of the respective employers and employees.

50. Where the work involves risk of drowning, suffocation or electric shock, first-aid area personnel should be specialized in the use of resuscitation techniques and others intended for life-saving as well as in procedures of rescue.

Welfare

51. When convenient, and depending on the number of workers, the duration of the work and its location, there should be adequate facilities for obtaining or preparing food and beverages at the site of the work or near to this, in case of any unavailable.

52. Suitable facilities for workers ' housing should be placed at the disposal of these, when it comes to works far from their homes and where the transport between the site of the work and their homes or any other type of accommodation are not available. Likewise, there should be separate sanitary facilities for men and women, as well as places for personal hygiene and dormitories.

IV. Implication as to Previous Recommendations

53. This Recommendation replaces the Recommendation on Safety Prescriptions (Edifications), 1937, and the Recommendation on collaboration for the prevention of accidents (Edifications), from 1937.