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

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

1. The Committee notes the Government’s latest report including the information submitted in response to its previous comments. The Committee notes with interest the information with regard to Article 10; Article 15; paragraph 3; Article 21, paragraph 2; and Article 22, paragraph 1, of the Convention. The Committee draws the Government’s attention to the following points requiring additional information:

2. Article 2 of the Convention. Definition of specific terms. The Committee notes that the definition of the terms "asbestos dust", "airborne asbestos dust", "respirable asbestos fibres", "workers" and "workers’ representatives" is contained in a Collective Agreement for Workers in the Fibre Industry concluded on 1 January 2003 and which had been extended until 31 March 2005 when the parties were due to conclude a new agreement. The Committee requests the Government to indicate whether the collective agreement referred to has been extended or replaced. As there are no corresponding definitions in the national legislation, the Government is also requested to take the necessary measures to define these terms at the national level in accordance with this Article of the Convention.

3. Article 15, paragraphs 1 and 2. Measures to fix exposure limits of asbestos and to periodically review and update them. The Committee notes the Government’s reference to the tripartite discussions on current exposure limits and their possible adjustment to reflect stricter permissible limits in accordance with scientific progress in this area. The Committee hopes that, in the context of this discussion and a future adjustment of current exposure limits, account will be taken of the conclusions of the Meeting of Experts convened by the World Health Organization in April 1989, recommending an exposure limit of 1.0 f/cc or below for chrysotile asbestos. The Committee also hopes that a possible agreement regarding exposure limits resulting from these discussions will be reflected not only in relevant collective agreements but also in relevant legislation including in Act No. 9.055 concerning Asbestos, 1995. The Committee requests the Government to keep it informed of any developments in this respect.

4. Article 17, paragraph 1. Measures to ensure that demolition of plants or structures containing friable asbestos insulation materials are undertaken by employers or contractors who are recognized by the competent authority. The Committee notes the Government’s reference to the risks management programmes which are being developed in certain economic sectors, as well as the national collective agreement in preparation as the means through which compliance with the requirements in Article 17, paragraph 1, is ensured. The Committee notes, however, that this Article mandates that the types of work referred to therein only can be undertaken by employers or contractors who are recognized by the competent authority as qualified to carry out such work. Against this background, the Committee requests the Government to indicate measures taken or envisaged to ensure that asbestos removal or demolition work is only undertaken by employers or contractors determined to be qualified for such work by the competent authority.

5. Article 21, paragraph 4. Efforts to provide workers with means to maintain their income. The Committee notes the Government’s renewed reference to section 28 of the Collective Agreement for Workers in the Fibre Industry which 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 to all the workers and not only those who may be covered by the provisions in collective agreements such as the Collective Agreement for Workers in the Fibre Industry of 2003.