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

Asbestos Convention, 1986 (No. 162) - Brazil (Ratification: 1990)

The Committee notes with interest the information provided in the Government's first and second reports, as well as the collective agreement for workers in the fibrecement industry which appears to be dated 10.04.92. The Government is requested to indicate when this collective agreement came into force as well as the number of workers affected by it. The Government is also requested to provide clarification on the following points:

Article 2 of the Convention. The Committee notes that the collective agreement for the fibrecement industry defines the terms set out in this Article along the lines of the Convention. NR-15, Appendix 12, concerning asbestos, however, only defines asbestos and exposure to asbestos. The Government is requested to indicate the measures taken or envisaged to define at the national level asbestos dust, airborne asbestos dust, respirable asbestos fibres, workers and workers' representatives in order to clarify the meaning of the legislation.

Article 3, paragraph 2. The Committee notes the indication in the Government's report that section 13.2 of NR-15, Appendix 12, provides that methods of evaluation are to be defined by ABNT/INMETRO. Furthermore, it notes that the collective agreement in the fibrecement industry provides for review and revision of its terms in the light of conclusions and recommendations made at the national or international level. The Ministry of Labour pamphlet on asbestos in the fibrecement industry refers to the Inter-institutional Group on Asbestos which appears to review the national situation with respect to asbestos. The Government is requested to indicate whether the Inter-institutional Group on Asbestos currently exists and whether it has the authority to suggest amendments to the legislation in the light of technical progress and advances in scientific knowledge.

Article 4. The Committee notes that the Ministry of Labour pamphlet on asbestos in the fibrecement industry recalls the tripartite efforts made over three years to come to an agreement on the working conditions in the industry. The Government is requested to indicate the manner in which the most representative organizations of employers and workers concerned were consulted with respect to Portaria No. 1 of 28 May 1991 which brings into force NR-15, Appendix No. 12, on asbestos, as well as on any other measures taken to give effect to the provisions of the Convention.

Article 10(a). The Committee notes that section 4 of NR-15, Appendix 12, prohibits the use of all forms of asbestos from the amphibole group. The Government is requested to indicate any measures taken or envisaged to provide also for the replacement of asbestos, where necessary to protect the health of workers and where technically practicable, by other products scientifically evaluated as harmless or less harmful whenever this is possible.

Article 11, paragraph 2. The Committee notes that section 4 of NR-15, Appendix 12, prohibits the use of all forms of asbestos from the amphibole group which includes crocidolite. Section 4.1 of NR-15 provides for derogations of the above prohibition after consultation with the most representative organizations of employers and workers concerned and provided that equivalent protection of the workers' health can be guaranteed. The Government is requested to indicate whether any derogations have been granted in this regard.

Article 15, paragraphs 1 and 2. The Committee notes that section 12 of NR-15, Appendix 12, sets the limit for asbestos chrysotile at 2.0f/cm3. It further notes that section 23 of the collective agreement for the fibrecement industry sets a lower limit for chrysotile of 1.0f/cm3 which is consistent with the overall tendency of national legislations around the world. The Government is requested to keep the Office informed of any steps taken to lower the national limit to 1.0f/cm3 in the light of technological progress and advances in technological and scientific knowledge.

Article 15, paragraph 3. The Committee notes that section 10 of the collective agreement for the fibrecement industry provides that the employer shall take all measures to keep exposure to asbestos in the workplace to the lowest practicable level. The Government is requested to indicate the measures taken to ensure that, at all workplaces where workers are exposed to asbestos, employers take appropriate measures to prevent or control the release of asbestos dust into the air and to reduce exposure to as low a level as is reasonably practicable.

Article 15, paragraph 4. The Committee notes that, under section 8 of NR-15, Appendix 12, the employer must elaborate a plan for the removal of asbestos or demolition work which provides for the necessary protective equipment to be made available to workers and that section 14 calls for the provision of special clothing free of cost to the worker. Furthermore, section 15 of the collective agreement for the fibrecement industry provides that respiratory protective equipment must be provided as determined by the competent authority and used only as a supplementary, temporary, emergency or exceptional measure. Section 166 of the Labour Code provides generally that the employer shall furnish the necessary protective equipment free of charge. The Government is requested to indicate the measures taken to ensure that, in all workplaces where the exposure to asbestos is not brought within the limits set, adequate respiratory equipment is provided at no cost to the workers, and shall be used only as a supplementary, temporary, emergency, or exceptional measure.

Article 17, paragraph 1. The Committee notes that section 8 of NR-15, Appendix 12, provides that employers doing asbestos removal or demolition work must submit a plan of the measures to be taken. The Government is requested to indicate the measures taken to ensure that such work is only undertaken by employers or contractors who are recognized by the competent authority as qualified and who have been empowered to carry out demolition work involving asbestos.

Article 18, paragraph 2. The Committee notes that section 14.1 of NR-15, Appendix 12, provides that the employer is responsible for the cleaning of workclothes. The Government is requested to indicate the measures taken to ensure that the handling and cleaning of workclothes is carried out under controlled conditions to prevent the release of asbestos dust.

Article 21, paragraph 2. The Committee notes that, by virtue of NR-7, medical examinations are to be provided free of cost to workers and that section 27 of the collective agreement for the fibrecement industry provides that medical examinations shall be provided without any loss of earnings for the worker and shall be held during working hours. The Government is requested to indicate the measures taken to ensure that the monitoring of all workers exposed to asbestos occurs, as far as possible, during working hours.

Article 21, paragraph 4. The Committee notes that section 28 of the collective agreement for the fibrecement industry provides for alternative employment or other means of maintaining the income of workers whose continued assignment to work involving exposure to asbestos is medically inadvisable. The Government is requested to indicate the efforts made to ensure alternative employment or other means of income maintenance to all workers exposed to asbestos (and not just those in the fibrecement industry) for whom continued exposure is medically inadvisable.

Article 22, paragraph 1. The Committee notes the pamphlet from the Ministry of Labour which demonstrates that some efforts are being made to educate and disseminate information to workers and employers in the fibrecement industry. The Government is requested to indicate the further arrangements made, in consultation and collaboration with the most representative organizations of workers and employers concerned, to promote globally the dissemination of information and the education of all concerned with regard to health hazards due to exposure to asbestos and methods of prevention and control.

Article 22, paragraph 2. The Committee notes that section 50 of the collective agreement for the fibrecement industry provides that the employer shall establish a programme for the education and training of workers with respect to asbestos hazards, their prevention and control. The Government is requested to indicate the measures taken to ensure that all employers in work involving exposure to asbestos have established written policies and procedures on measures for workers' education and periodic training.