Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Benzene Convention, 1971 (No. 136) - Brazil (Ratification: 1993)

The Committee takes note of the Government’s reports and of the documentation concerning the use of benzene in the country. It draws the Government’s attention to the following points on which additional information is required.

1. Article 1 of the Convention. The Committee notes item 2 of the National Tripartite Agreement on Benzene of 1995 and item 2 of Annex 13-A to this Agreement, according to which the provisions apply to all companies which produce, store, use or handle benzene and liquid mixtures thereof containing 1 per cent or more of benzene by volume, as well as to companies contracted by them. However, according to item 2.1 of Annex 13-A, the provisions do not apply to certain branches, i.e. the transport, the storage, the sale or use of combustible materials derived from petroleum, which have specific regulations. The Committee therefore requests the Government to specify the regulations applicable to the branches excluded from the scope of application and to provide a copy of them.

2. Article 4 and Article 7, paragraph 1. The Committee notes that item 3 of Annex 13-A to the Benzene Agreement prohibits since 1 January 1997 the use of benzene for any purpose, except the industries and laboratories enumerated. Article 1 of Administrative Decree No. 14 of 20 December 1995 provides for the prohibition of exposure to certain substances and processes, including products of benzidine. With regard to the use of benzene in factories producing alcohol anhydride for the use as a dehydrating agent in azeotropic distillation, Administrative Decree SSST No. 27 of 8 May 1998 establishes deadlines for the final replacement of benzene. The Committee requests the Government to indicate the provisions providing for the obligation to carry out as far as practicable certain work processes covered by Administrative Decree SSST No. 27 of 8 May 1998, in an enclosed system.

3. Article 6, paragraph 2. The Committee notes item 7 of Annex 13-A to the Agreement on Benzene, 1995, providing for maximum concentration limit of benzene in the air of 1.0 ppm for companies covered by this Annex and of 2.5 ppm for companies in the steel industry. The Committee states that both values comply with the value established under the Convention, which represents the value fixed when the Convention was adopted in 1971. This value is, however, outdated from the scientific point of view. The Committee notes that the American Conference of Industrial Hygienists (ACGIH) which is the body internationally recognized for its assessments of the state of the art in the field of exposure limits to chemical substances, recommends a value of 0.5 ppm as maximum concentration value of benzene in the air of places of employment. In view of this and the fact that pursuant to item 6 of Annex 13-A to the Agreement on Benzene, the technological reference values for the level of concentration of benzene in the air is subject to tripartite negotiation, the Committee invites the Government to consider the concentration levels recommended by the ACGIH at the occasion of the next tripartite negotiations on the subject.

4. Article 7, paragraph 2. The Committee notes that item 5.4 of Annex 13-A to the Agreement on Benzene, 1995, provides for procedures of collective and individual protection of workers against the risk of exposure to benzene in critical situations through various measures such as appropriate ventilation. The term "critical situation" is defined as a situation in which high concentrations of benzene may occur (item 5.4 of Annex 13-A). The Committee accordingly requests the Government to take the necessary measures to establish e.g. ventilation systems in workplaces not only when a high concentration of benzene may occur, but each time when work processes are carried out which, for practical reasons, cannot be carried out in an enclosed system.

5. Article 8, paragraph 1. The Committee notes that item 5.4 of Annex 13-A to the Agreement on Benzene, 1995, provides for procedures of collective and individual protection of workers against the risk of exposure to benzene in critical situations through measures such as adequate respiratory protection and protective clothing to avoid contact of benzene with the skin. Item 5.4 defines critical situations as situations in which high concentrations of benzene may occur. The Committee requests the Government to take the necessary measures to provide adequate means of personal protection against the risk of absorbing benzene through the skin not only in critical situations, but each time the workers may have skin contact with liquid benzene or products containing benzene.

6. In addition, the Committee notes that a number of protective measures applying the provisions of the Convention are elements to be contained in the Protection Programme for Workers Exposed to Benzene (PPEOB), which must be established pursuant to item 5 of Annex 13-A to the National Agreement on Benzene, 1995. Hence, the definite application of the Convention depends, as the Government confirms in its report, on the transmission of this Programme to the Secretariat for Occupational Health and Safety of the Ministry of Labour for its adoption in order to become effective. The Committee therefore requests the Government to indicate whether the PPEOB programme already has been adopted and is in force.

7. Finally, the Committee would be grateful, if the Government would supply the following legislation for further examination: Administrative Decree No. 27 SSST of 8 May 1998 establishing deadlines for the final replacement of benzene in factories producing alcohol anhydride for the use as a dehydrating agent in azeotropic distillation and Administrative Decree SSST of 1 October 1996 providing for the Technical Note on PCMSO.