Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

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

The Committee takes note of the Government’s last report and the information communicated in response to its previous comments. It notes the adoption of Act No. 9.055, of 1 June 1995, concerning asbestos.

The Committee notes with interest the information contained in the Government’s report with regard to Article 3, paragraph 2; Article 4; Article 11, paragraph 2; Article 15, paragraph 4; Article 18, paragraph 2; and Article 22, paragraph 2, of the Convention. The Committee draws the Government’s attention to the following points requiring additional information.

1. Article 2 of the Convention. The Committee notes that the definition of the terms "asbestos dust", "airborne asbestos dust", "respirable asbestos fibres", "workers" and "workers’ representatives" is contained in the Collective Agreement for Workers in the Fibre Industry which has been concluded on 1 September 1998 with a validity of two years, with the possibility of extension. The Committee requests the Government to indicate whether the above Collective Agreement has been extended and thus remains in force. In addition, the Committee, while stating that the above terms do not have an analogue in the national legislation, requests the Government to take the necessary measures to define these terms at national level in order to clarify the meaning of the legislation concerning asbestos.

2. Article 10(a). Further to its previous comments where the Committee had noted that section 4 of NR-15, Appendix 12, on unhealthy activities and operations, prohibits the use of asbestos from the amphibole group, it notes the Government’s indication that until today no studies have been carried out on the replacement of asbestos by other materials or products scientifically evaluated as harmless or less harmful. The Committee accordingly requests the Government to indicate the substances which are used in the work processes instead of the prohibited asbestos from the amphibole group. It also encourages the Government to take the necessary measures, through scientific studies or otherwise, to explore ways and means of substituting asbestos by materials or products or alternative technology which do indeed make the use of asbestos in all its forms redundant.

3. Article 15, paragraphs 1 and 2. The Committee notes the Government’s indication that until the present time no measures have been adopted to lower the current exposure limits of 2.0 f/cc and 1.0 f/cc for chrysotile asbestos which are established under section 12 of NR-15, Appendix 12, and section 23 of the Collective Agreement for Workers in the Fibre Industry, of 1998, respectively. The Committee, while noting that section 7, subsection 2, of Act No. 9.055 concerning Asbestos, 1995, provides for the annual review of the established exposure limits, draws the Government’s attention to the conclusions of an expert meeting convened by the World Health Organization in April 1989, recommending an exposure limit of 1.0 f/cc or below for chrysotile asbestos, which is hence below the limit set forth in section 12 of NR-15, Appendix 12. It therefore invites the Government to align, in the framework of the annual review, the exposure limit for chrysotile asbestos established under section 12 of NR-15, Appendix 12, with the exposure limit set forth in section 23 of the above Collective Agreement, which seems to be in line with the limit recommended by the expert meeting of the World Health Organization in April 1989.

4. Article 15, paragraph 3. With regard to the measures to be adopted by the employer in application of section 10 of the Collective Agreement for Workers in the Fibre Industry to keep the exposure of workers to asbestos in the workplace to the lowest practicable level, the Government specifies that investment in enclosures for machines, removal of all residual dust, and humidification of workplaces represent the measures to be taken to this effect. In view of the fact that the above Collective Agreement has been concluded in 1998 for a duration of two years with the possibility of extension, the Committee requests the Government to indicate whether the Collective Agreement is still effective and, if that is not the case, to indicate the legal basis obliging the employer to take appropriate measures to prevent or control the release of asbestos dust into the air to ensure that the exposure of workers to asbestos in the workplace remains at the lowest practicable level.

5. Article 17, paragraph 1. The Committee requests again the Government to indicate the measures taken to ensure that asbestos removal or demolition work is only undertaken by those employers or contractors who are recognized by the competent authority as qualified and who have been empowered to carry out demolition work involving asbestos.

6. Article 21, paragraph 2. The Committee notes again that, by virtue of NR-7, medical examinations are to be provided free of cost to workers. Section 26 of the Collective Agreement for Workers in the Fibre Industry stipulates that medical examinations shall be provided without any loss of earnings for the worker and shall be held during working hours. The Committee requests the Government to indicate the measures taken to ensure that the monitoring of those workers exposed to asbestos, who are not covered by the provisions of the above Collective Agreement, takes place, as far as possible, during working hours.

7. Article 21, paragraph 4. The Committee notes again that section 28 of the Collective Agreement for Workers in the Fibre 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 Committee requests the Government to take the necessary measures to ensure that alternative employment or other means of maintaining the income of the workers concerned is provided as well to the workers who are not covered by the provisions of the above Collective Agreement.

8. Article 22, paragraph 1. As to the arrangements designed to promote the dissemination of information to and education of all concerned with regard to the health hazards arising from exposure to asbestos and to methods of prevention and control, the Government indicates that the objective of the Jorge Duprat Figueiredo Foundation of Occupational Safety and Medicine (FUNDACENTRO), which is associated with the Ministry of Labour and Employment, is to undertake research and analysis of workers and their working environment and to conduct activities in the area of safety and health at work, including specific activities on the safe use of asbestos. The Committee requests the Government to explain in more detail the content of these activities, i.e. to indicate whether they are an instrument of workers’ information and education.