Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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

1. The Committee notes the information supplied with the Government’s reports in response to its previous comments, as well as the documentation annexed. It notes in particular the information concerning Article 1, paragraphs 1 and 2, of the Convention. The Committee requests the Government to supply supplementary information on the following points.

2. Article 2, paragraphs 1 and 2. Replacing substances and agents to which workers may be exposed in the course of their work by non-carcinogenic substances or agents or by less harmful substances or agents and reducing the number of workers exposed to carcinogenic substances or agents. The Committee notes the Government’s reference to a series of instruments establishing a general obligation for all companies, under the Programme for the Prevention of Environmental Hazards (NR-09), to introduce risk management programmes based on the principles of labour risks’ prevention and their control. The Committee notes efforts undertaken by FUNDACERO and the Secretariat for Health and Safety at Work of the Ministry of Labour to give priority to actions designed for the replacement of carcinogenic substances and agents by less harmful substances and agents, as well as the reduction to the minimum of the number of workers exposed and the duration and degree of such exposure. The Committee requests the Government to provide information on the practical implementation of these general legislative provisions and the outcome of the work of FUNDACERO and the Secretariat for Health and Safety at Work.

3. Article 3. Measures to protect workers against the risks of exposure to carcinogenic substances or agents and to establish an appropriate system of records. The Committee notes from the Government’s latest report that a national system of registration for the various types of occupational cancer is at the stage of organization. The Committee expresses the hope that the national register will be operational in the near future. It would remind the Government that the system of records for the prevention and control of occupational cancer consists of keeping records of exposure and of medical examinations so that, as years go by, it is possible to measure the effectiveness of the measures of prevention and to identify remaining dangers or new ones. Referring to section 9.2.1(c) of Regulatory Norm No. 9 (NR-9), of 29 April 1994 which requires enterprises to establish a register of data the Committee requests the Government to specify the data which must be contained in this register to be established in application of the mentioned section.

4. Article 5. Providing for biological examinations or other tests of workers during the period of employment and thereafter. With reference to its previous comments the Committee points out once again that it is necessary to envisage special tests in the case of exposure to specific occupational hazards, in addition to the health examinations provided for in Regulatory Norm No. 7 (NR-7), in order to detect exposure levels and early biological effects as well as responses. While the Government’s report contains no information in reply to the mentioned previous comments, the Committee draws again the Government’s attention to the indications given in item 5.2 of the ILO publication, "Occupational Cancer: Prevention and Control", in Occupational Safety and Health Series No. 39, Geneva, 1989, which explain the importance of biological monitoring to be carried out in addition to medical examinations of workers. The Committee accordingly requests the Government to indicate the measures taken or envisaged to provide the workers concerned not only with medical examinations at different stages, but also with biological and other tests and investigations necessary to evaluate the exposure of workers with a view to supervising their state of health in relation to the occupational hazards.

5. Article 6, paragraph (c) and Part IV of the report form. Provision of appropriate inspection services for the purposes of supervising the practical application of the Convention. The Committee notes the absence, in the Government’s report, of information requested in its previous comments concerning the measures taken in cases of the systematic negligence of occupational safety and health legislation and non-payment of the fines imposed for violation of occupational safety and health legislation as it was revealed with respect to the enterprise "Bramix Brasileira de Mármore Exportada S.A.". The Government is requested once again to indicate the measures adopted in order to ensure that occupational safety and health legislation is effectively applied in practice.