Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

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

1. The Committee notes the observations submitted by the Union of Workers in the Road Transport of Liquids and Gases, Oil Derivatives and Chemical Products (SINDILIQUIDA/RS), received together with attachments on 4 October 2007 and sent to the Government on 8 November 2007. It notes that the above organization alleges non-application of the following Articles of the Convention: Articles 4 and 5, Information on carcinogenic substances and agents and measures required; medical examinations and supervision of the state of health of the workers; and Article 6(c), Inspection services. The Committee requests the Government to respond to the observations by SINDILIQUIDA/RS.

2. The Committee refers to its previous comments on several provisions of the Convention, and again invites the Government to comment on the following matters.

3. 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 Government refers to a series of instruments under which enterprises are, in general, required to adopt risk management programmes based on the principles of the prevention and limitation of occupational risks in the context of the ecological risk prevention programme (NR-09). The Committee takes note of the measures conducted by FUNDACERO and the Occupational Health and Safety Secretariat of the Ministry of Labour to ensure that priority is given to measures to replace carcinogenic substances and agents with less harmful substances and agents, and to reduce to a minimum the number of workers exposed and the length and level of exposure. The Committee requests the Government to send information on the effect given in practice to these general legislative provisions and on the results of the measures taken by FUNDACERO and the Occupational Safety and Health Secretariat.

4. Article 3. Measures to protect workers against the risks of exposure to carcinogenic substances or agents and to establish a system of records. The Committee notes from the Government’s last report that a national system for recording the various types of occupational cancer is being set up. It hopes that this national system will be in operation in the near future. It reminds the Government that the system for recording data for the prevention and control of occupational cancer involves keeping records of exposure and of medical examinations so that, as the years go by, it is possible to ascertain the effectiveness of the preventive measures and to identify remaining dangers or new ones. Referring to section 9.2.1(c) of Regulatory Standard No. 9 (NR-9) of 29 April 1994 which requires enterprises to keep a register of data, the Committee requests the Government to specify the data to be recorded in this register.

5. 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 again points out that in the event of exposure to specific occupational hazards, in addition to the medical examinations provided for in Regulatory Standard No. 7 (NR-7), special tests must be envisaged in order to detect exposure level and determine responses. Noting that the Government’s report contains no information in reply to its comments, the Committee again draws the Government’s attention to the indications in paragraph 5.2 of the ILO publication “Occupational cancer: Prevention and control”, in the Occupational Safety and Health Series No. 39, Geneva, 1989, which explain the importance of supplementing the medical examination of workers with biological monitoring. The Committee accordingly asks the Government to indicate the measures taken or envisaged to ensure that the workers concerned undergo not only medical examinations at the various stages but also biological and other tests and investigations necessary to evaluating their exposure with a view to supervising their state of health in view of the occupational risks to which they are exposed.

6. Article 6(c) and Part IV of the report form. Inspection service responsible for supervising the practical application of the Convention. The Committee notes that the Government’s report does not contain the information it requested in its previous comments on the measures taken in the event of systematic failure to comply with the legislation on occupational safety and health and failure to pay the fines imposed for breach of the legislation, as was the case with the enterprise “Bramix Brasileira de Mármore Exportada SA”. The Government is once again asked to indicate the measures taken to ensure that the legislation on occupational safety and health is effectively applied.

[The Government is asked to reply in detail to the present comments in 2008.]