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

Prevention of Major Industrial Accidents Convention, 1993 (No. 174) - Brazil (Ratification: 2001)

1. The Committee notes the information contained in the Government’s reports and the attached legislation. In particular, it notes with interest that a tripartite group has been set up to study Convention No. 174 which prepares proposals for implementing the Convention. From the information available, the Committee could conclude that the legislation continues to comply in part with the provisions of the Convention. While welcoming the creation of the abovementioned study group, it hopes that in the near future specific measures will be taken in order to give full effect to the provisions of the Convention in law and in practice. The Committee hopes that in considering future amendments to the legislation, the Government will take account of the comments below. It requests the Government to provide information on the following points in its next report.

2. Article 2. Plans for the implementation of all the preventive and protective measures. The Committee requests the Government to send information on the terms of reference of the abovementioned tripartite group to study the Convention, and also to provide information on the manner in which the Convention applies to existing plant which may be exposed to the risk of major accidents. Please also provide information on any institutional restructuring that has been or is to be undertaken to facilitate application of the Convention.

3. Article 4. Adoption of a coherent national policy. The Committee requests the Government to indicate whether it has formulated, implemented and periodically reviewed a coherent national policy concerning the protection of workers, the public and the environment against the risk of major accidents.

4. Article 6. Measures to protect confidential information transmitted to the competent authority. The Committee notes from the information provided by the Government that, on the advice of the National Information Agency, the issue of confidential information is being dealt with by the tripartite study group on the Convention. It requests the Government to supply information on any progress in this matter.

5. Article 8. Duty to notify any major hazard installation identified. The Committee notes that the environment protection system requires environmental impact studies to be submitted for the obtention of a permit to build and operate any major hazard installation. However, the Government appears not to have sent information on the employers’ duty to notify to the competent authority, within an established time frame, of any existing major hazard installation which they have identified, or on the employers’ duty to notify in advance to the competent authority any permanent closure of a major hazard installation. Consequently, the Committee requests the Government to indicate the measures taken or envisaged to ensure full application of paragraph 1(a) and paragraph 2 of this Article.

6. Articles 10 to 12. Safety report. The Committee notes from the information provided by the Government that the national legislation provides for regular review of damage prevention programmes and studies on environmental impact and emergency preparedness, and that the relevant documentation is available to the competent authority, the workers and their representatives. However, in view of the fact that there is no definition of “safety report” (see under Article 3 above), there would appear to be no provisions in the national legislation that cover the preparation, review, updating and amendment of safety reports. Consequently, the Government is asked to give full particulars of the measures adopted or envisaged to ensure that this Article of the Convention is applied.

7. Article 16. Dissemination of information on safety measures to be taken in the event of a major accident. The Committee notes from the information provided by the Government, from which it can be inferred that the competent authority has a duty to disseminate information on safety measures among the members of the population who are exposed to the effects of a major accident only in an emergency related to a major environmental accident, and not at appropriate intervals, as prescribed by Article 16(a). Consequently, it asks the Government to send information on the manner in which it gives effect to Article 16(a) and to indicate which provision of the national legislation establishes the duty prescribed in this Article. Lastly, the Government is asked to send information on the application of Article 16(c).

8. The Committee observes that the relevant legislation appears not to contain provisions giving effect to certain provisions of the Convention. It accordingly asks the Government to send additional information and further clarification regarding measures taken or envisaged, to the following provisions of the Convention:

–           Article 3. Definitions;

–           Article 5. Establishment of a system for the identification of major hazard installations;

–           Article 7. Identification of major hazard installations;

–           Article 9. Establishment and maintenance of a documented system of major hazard control;

–           Articles 13 and 14. Accident report;

–           Article 15. Emergency plans and procedures;

–           Article 17. Siting of major hazard installations;

–           Article 20. Rights of workers and their representatives; and

–           Article 22. Responsibility of exporting States.

9. Part V of the report form. The Government is asked to provide general information on the manner in which the Convention is applied, together with extracts of inspection reports and, if they exist, statistics and data on the number of workers protected by the measures giving effect to the Convention, the number and nature of infringements reported, etc.