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

Occupational Cancer Convention, 1974 (No. 139) - Brazil (Ratification: 1990)

The Committee notes with interest the information provided in the Government's first report. It requests the Government to provide further clarification, in its next report, on the following points:

Article 1, paragraph 2, of the Convention. The Committee notes that section 4 of NR-15, Appendix 12, concerning tolerance limits with respect to asbestos prohibits the use of all forms of asbestos from the amphibole group. Section 4.1 permits derogations of the above prohibition after consultation with the most representative workers' and employers' organizations concerned and provided that equivalent measures for the protection of workers' health can be guaranteed. The Government is requested to indicate whether any derogations have been granted and, if so, to indicate the manner in which certificates are issued specifying in each case the conditions to be met.

Article 2, paragraphs 1 and 2. The Government is requested to indicate the measures taken to ensure that every effort is made in all possible cases to replace carcinogenic substances and agents to which workers may be exposed by non-carcinogenic substances or agents or by less harmful substances or agents. The Government is also requested to indicate the measures taken to reduce to a minimum the number of workers exposed to carcinogenic substances or agents, as well as the duration and the degree of their exposure.

Article 3. The Committee notes from the Government's report that medical examinations are provided to workers by virtue of NR-7. The Government is requested to indicate the measures taken to establish an appropriate system of records with respect to workers exposed to carcinogenic substances. In this regard, the Government may wish to refer to Chapter 8 of Occupational Safety and Health Series No. 39 (Occupational Cancer: Prevention and Control) concerning registers and recording.

Article 5. The Committee notes that by virtue of NR-7 and sections 168 and 169 of the Consolidated Labour Laws, workers are provided with pre-employment, periodic and discharge medical examinations at the expense of the employer. The Committee would call the Government's attention to section 5.2 of the Occupational Safety and Health Series Publication No. 39 which indicates the need for special biological monitoring and requests the Government to indicate whether biological examinations are also provided to workers exposed to carcinogenic substances. The Government is also requested to indicate the measures taken to provide medical examinations subsequent to employment for workers exposed to carcinogenic substances or agents in order to detect a cancer which may not be apparent until after the period of employment has ended.

Article 6(a). The Government is requested to indicate the manner in which the representative workers' and employers' organizations concerned are consulted with respect to the steps taken to give effect to the provisions of the Convention.