Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

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

The Committee notes the information provided in the Government's report. It requests the Government to provide additional information in its next report, on the following points:

Article 1, paragraph 2, of the Convention. 1. The Committee notes from the Government's report that Executive Order No. 3, of 10 March 1994, which prohibits exposure to and the use of various carcinogenic substances, is under revision due to technical difficulties in its application. The Committee further notes that Order No. 2 includes benzene in the list of carcinogenic agents substances classified with specific tolerance limits, under Regulatory Norm No. 15(NR-15), Annex 13. It would be grateful if the Government would provide information on the technical difficulties encountered in applying Order No. 3, and to supply a copy of the revised text.

2. In its previous comments, the Committee noted 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. The Committee also noted that section 4.1 of NR-15, Appendix 12, permits exemptions to the prohibition of substances in the amphibole group of asbestos, 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 indicates in its latest report that no special authorizations for the special use of amphibolites have been granted. The Committee would request the Government to inform on any such exemptions which might be granted in the future pursuant to section 4.1 of NR-15, Appendix 12, indicating the manner in which any derogation certificates are issued and specifying in each case the conditions that have been met.

Article 1, paragraph 3, and Article 2, paragraph 2. The Committee notes Executive Order No. 4 of 11 April 1994 which provides for a new version of Annex 5 of NR-15 in relation to ionizing radiations. The Committee would in this connection draw the Government's attention to revised exposure limits contained in the 1990 Recommendations of the International Commission on Radiological Protection (ICRP) and the 1994 International Basic Safety Standards. Referring also to its 1995 observation under the Radiation Protection Convention, 1960 (No. 115), the Committee requests the Government to supply information on steps taken to reduce the maximum permissible doses in the light of the afore-mentioned Recommendations and Basic Safety Standards.

Article 2, paragraphs 1 and 2. The Committee notes that Inter-Ministerial Order No. 3 of 28 April 1982 states that since benzene can be replaced with less harmful substances, the manufacture of products containing benzene is prohibited, but the presence of benzene is allowed as a contaminating agent in a percentage of no more than 1 per cent in volume (section 1). The Committee requests the Government to indicate the effect, if any, that the revision of Executive Order No. 3 of 10 March 1994 may have on the prohibition against the manufacture of products containing benzene.

In addition, the Committee requests the Government to indicate whether any further measures have been taken or are envisaged 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. It also requests the Government 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. In its previous comments, the Committee noted that pursuant to Regulatory Norm No. 7(NR-7), medical examinations are provided to workers. The Government indicates in its report that a registration system for workers exposed to carcinogenic substances has not yet been established. The Committee hopes that an appropriate system of records will be established and requests the Government to provide information on measures contemplated in this regard. In this connection, the Committee also invites the Government to refer to Chapter 8 of the ILO Occupational Safety and Health Series No. 39 (Occupational cancer: Prevention and control), concerning registers and recording.

Article 5. In its previous comments, the Committee noted 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 also referred to section 5.2 of the Occupational Safety and Health Series No. 39, which indicates the need for special biological monitoring. The Government indicates in its report that NR-7 is currently being revised and refers to special examinations for workers who may have been exposed to benzene. The Committee requests the Government to indicate if such special examinations are to be made available in cases of exposure to carcinogens other than benzene.

The Committee further requests the Government to indicate whether biological examinations are provided to workers exposed to carcinogenic substances; and whether any measures have been taken to provide medical or biological 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 Committee would be grateful if the Government would indicate the frequency and the extent of consultations of the representative workers' and employers' organizations concerned with respect to the revision of Executive Order No. 3 and NR-7.