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

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

1. The Committee notes the observation 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: Article 12, Exposure to chemicals and evaluation; Article 13, Assessment of risks arising from the use of chemicals, limiting exposure and arrangements to deal with emergencies; Article 15, Information and training of workers. The Committee requests the Government to respond to the comments by SINDILIQUIDA/RS.

2. The Committee refers to its previous comments, including the observations by the Union of Workers of the Chemical, Petrochemical and Related Industries (SINDIPOLO) of Triunfo/RS, raising concerns about the manner in which the occupational safety and health laws are applied in the petrochemicals sector, and the Government’s reply to these observations. The Government is again asked to specify whether effect is given, or whether it plans to give effect, through laws and regulations, to the following provisions of the Convention:

–           Article 2. Definition of terms.

–           Article 4. Application and periodic review of a national policy on safety in the use of chemicals at work.

–           Article 5. Dangerous chemicals, the use of which is prohibited or restricted.

–           Article 8, paragraph 1. Chemical safety data sheets.

–           Article 8, paragraph 3. Marking and labelling.

–           Article 9. Responsibilities of suppliers; periodical review of labels and chemical safety data sheets and identification and assessment of non-classified chemicals.

–           Article 10, paragraphs 1 and 2. Identification of chemicals.

–           Article 10, paragraphs 3 and 4. Only labelled products to be used: a record to be kept of the hazardous chemicals used at the workplace.

–           Article 12(d). Records to be kept of the monitoring of the working environment and of the exposure of workers.

–           Article 18, paragraphs 1 and 2. Right of workers to remove themselves from danger resulting from the use of chemicals.

–           Article 18, paragraph 4. Disclosure of the specific identity of an ingredient of a chemical mixture to a competitor.

–           Article 19. Communication by the exporting member State to any importing country of the prohibition on using certain chemicals.

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

–           Articles 6 and 7. Criteria for the classification of chemicals and the assessment of hazardous properties of mixtures.

–           Article 16. Cooperation between employers and workers regarding safety in the use of chemicals at work.

–           Article 17. Duty of workers to cooperate with their employers in the latter’s discharge of their responsibilities.

–           Article 18, paragraph 3. Right of workers and their representatives.

4. Part V of the report form. General appreciation of the application of the Convention in practice. The Committee notes the Government’s statement that the Department of Occupational Safety and Health, attached to the Ministry of Labour and Employment, is currently improving its statistics base. The Committee requests the Government to provide all available information, including all statistics following the abovementioned improvement, on the number of workers exposed to chemicals, disaggregated by sex if possible, extracts from reports of the inspection services showing the number and nature of contraventions reported, and any official publications dealing with chemical-related problems, etc.

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