Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Chemicals Convention, 1990 (No. 170) - Brazil (Ratification: 1996)

1. The Committee notes the information contained in the Government’s reports and the attached legislation. The Committee also notes the observations submitted by the Union of Workers from the Chemical, Petrochemical and Related Industries of Triunfo/RS (SINDIPOLO), in which concerns were raised regarding the manner in which the occupational safety and health laws were applied in the petrochemical sector, as well as the Government’s reply thereto. Based on an examination of the report and appended legislation, the Committee would like to draw the Government’s attention to the following points.

2. As further detailed in the following, the Committee notes that the relevant legislation does not seem to contain provisions giving effect or full effect to some of the provisions of the Convention. The Government is requested to submit further information and clarifications as to whether and in what way effect has been given, or is envisaged to be given, to the following provisions of the Convention:

–         Article 2, on the definition of terms;

–         Article 4, on the formulation, implementation and periodical review of a national policy on safety in the use of chemicals at work. The Committee requests the Government to indicate how a coherent national policy on safety in the use of chemicals at work is formulated, implemented and periodically reviewed, to submit a copy thereof when available, as well as to provide additional information regarding the consultative mechanisms used in this context;

–         Article 5 on chemicals, the use of which is prohibited or restricted and whether additional chemicals, apart from those listed in the report, have been prohibited or restricted, and the reasons for the determination made under this Article;

–         Article 8, paragraph 1, on chemical safety data sheets. The Committee requests the Government to indicate the legal instrument providing that the ABNT norm NBR 14725 has become compulsory, failing which, it requests the Government to indicate measures taken or envisaged to give effect to Article 8, paragraph 1, of the Convention;

–         Article 8, paragraph 3, on marking and labelling. The Committee requests the Government to provide information on whether it is ensured that the chemical or common name used to identify chemicals on the chemical safety data sheet is the same as that used on the label.

–         Article 9, on the responsibilities of suppliers, revision of labels and chemical safety data sheets and the identification and assessment of non-classified chemicals;

–         Article 10, paragraphs 1 and 2, on identification of chemicals. The Committee requests the Government to provide information on measures taken to mark all chemicals independently of the degree of hazards, on the duty of employers to ensure that chemical data sheets, concerning all chemicals used at work, are provided and available to workers and their representatives and on the employers’ duty to obtain the relevant information from any reasonably available source if chemicals have been received without labels and chemical safety data sheets;

–         Article 10, paragraphs 3 and 4, on the usage of marked chemicals and records of hazardous chemicals used at the workplace;

–         Article 12, paragraph (d), on the maintenance of records of monitoring;

–         Article 18, paragraphs 1 and 2, on the rights of workers to remove themselves from danger resulting from the use of chemicals;

–         Article 18, paragraph, 4 on disclosure of specific identity of an ingredient of a chemical mixture to a competitor; and

–         Article 19 on communication by exporting member State of the use of hazardous chemicals prohibited in any importing country. The Committee understands that Brazil has developed a large chemical industry, and that it exports chemicals worldwide. Therefore, if a banned list of chemicals exists, and if these are exported, the Committee requests the Government to provide information on whether the reasons for the banning are provided to the importing State.

3. The Government is also requested to provide further information on the application of relevant legislation in practice in application of the following provisions of the Convention:

–         Articles 6 and 7, on the criteria for the classification of chemicals and the assessment of hazardous properties of mixtures. With particular reference to the Government’s information that a national steering committee has been set up for the implementation of the Globally Harmonized System for the Classification and Labelling of Chemicals (GHS), the Committee requests the Government also to provide further information on progress in this regard;

–         Article 16, on the cooperation between employers and workers with respect to safety in the use of chemicals;

–         Article 17, on the duty of workers to cooperate with their employers in the discharge by the employers of their responsibilities; and

–         Article 18, paragraph 3, on the rights of workers and their representatives.

4. Part V of the report form. Practical application of the Convention. The Committee notes the Government’s statement that the Department of Occupational Safety and Health of the Ministry of Labour and Employment is upgrading its statistical database. The Committee requests the Government to submit all available information, including statistical information, once upgraded, on the number of workers exposed to chemicals, disaggregated by gender, if possible, extracts from inspection reports showing the number and nature of infringements observed, and copies of any official publications addressing issues related to chemicals, etc.