The Maritime Sector

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32THE GOOD PRACTICES OF LABOUR INSPECTION IN BRAZIL:1999 an Ordinance issued by the MTE 20 reiterated the guidelines of theconvention, and three years later in 2002 a Regulatory Norm, the NR-30 21 , determined standards and procedures concerning occupationalsafety and health in the sector.Initially, the Convention no. 147 served as a reference in the inspection notonly of foreign vessels, but for national vessels as well. With the creation of aninspection structure and specific norms for Brazilian vessels, Convention no.147 today is used mainly as an instrument for the inspection of foreign ships.THE MARITIME SECTORBox 4: The Inspection of Foreign Vessels inAccordance to ILO Convention no. 147• Convention no. 147 focuses particularly on substandard foreign vessels,which are usually used in the transport of low value commodities.• Inspection can be carried out upon complaints or if there is evidence that aforeign ship temporarily harboured in Brazilian ports does not comply withthe dispositions of the Convention, regardless of ratification by the countryin which the ship is registered.• Most complaints involve decent work, deplorable conditions of living onboard, such as lack of food and drinking water, delayed salaries and technicalproblems compromising the vessel’s safety, navigation, the environment,and the lives of the crew. Many complaints are communicated by theInternational Transport Workers’ Federation (ITF).• In inspections carried out pursuant to Convention no. 147, inspectors concentratetheir efforts on solving irregularities as quickly as possible, preferably during theship’s brief stopover at the port, or according to an acceptable action plan. Aship’s docking period is only extended in extreme cases. The detention of a shipmust be employed with sever caution, since especially when the cargo has a lowaggregate value, the flag is of convenience, and the employer is omissive, there isthe possibility of the ship and its crew being abandoned.• These actions are carried out in conjunction with the Navy and the FederalPolice and a notification must be sent to the diplomatic representation of thecountry in which the vessel is registered.20Ordinance 210/2010, on the inspection of norms concerning protection of working andliving conditions on board vessels stipulated by Convention no. 147.21In fact, Regulatory Norm no. 30 concerning safety and health in Waterway Labour extendsrequired standards by establishing several detailed parameters related to food, hygiene,accommodations and other facilities. It also establishes an On Board Safety and HealthGroup (GSSTB), comprised of crew members, responsible for monitoring, debating andrecording conformity to safety and health norms on board. It also establishes an InternalCommission for the Prevention of Accidents (CIPA) which aims to implement practicesthat help avoiding accidents as well as suggesting new guidelines.
THE GOOD PRACTICES OF LABOUR INSPECTION IN BRAZIL: 33In 2007, Brazil ratified ILO Convention no. 178 (1996), which establishednew parameters for the Brazilian labour inspection system, among whichthe following are the most relevant:• the carrying out of inspections of all national vessels more than 500AB/gross tonnage 22 at intervals not exceeding 3 years (Article 3, item 1)and within three months if substantial modifications are made to thevessel’s construction or accommodations (Article 3, item 3);• the formulation and submission of an inspection report of eachvessel to the ship’s master and another copy to the seafarers andtheir representatives (Article 8);• the creation of a specific structure 23 for maritime labour inspectionsin which the inspector are empowered with independence andautonomy (Article 5).In sum, these changes require the Brazilian inspection system to becomemore structured (which started being achieved with the creation of theCONITPA and the CORITPAs) and to enhance planning capacities, sinceinspections are no longer carried out solely based on complaints. This is thecontext framing the activities of the GMNs, which will be described below.THE MARITIME SECTOR4. The National Mobile GroupThe general mobilization strategy of the National Mobile Group is shapedby the need to manage the extension of the Brazilian coast and the practiceof port-to-port cabotage. One of the priorities of the GMN is to pursue theharmonisation of inspection procedures, since it is not desirable that thesame ship is inspected with different procedures and standards at eachdifferent port. During the inspections carried out by the GMNs, conformityto the ILO Convention no. 178 is verified and during the GMN’s period ofoperation there are training sessions for inspectors with the purpose oftraining them how to apply the convention in other routine inspections. 24Inspections are usually carried out during one-week periods andcan encompass several related subjects (Convention no. 178 and theinspection of oil rigs, for example) and the simultaneous inspection ofdifferent sectors (such as fishing and naval construction).22Gross tonnage (GT) refers to a vessel’s volume capacity.23In the Convention’s terminology, a central coordinating authority.24Although the inspections carried out by the GMN in the merchant shipping sector do notaim at the immediate enforcement of the disposition of ILO Convention no. 147 (giventhat these inspections depend on previous complaints), one of its goals includes traininginspectors to conduct inspections according to the Convention’s dispositions.
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The Maritime Sector

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