Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Workmen's Compensation (Occupational Diseases) Convention (Revised), 1934 (No. 42) - Brazil (Ratification: 1936)

With reference to its previous comments, the Committee notes the Government’s indication that the schedule of occupational diseases established in Annex II of the Decree establishing the schedule of occupational diseases (Decree No. 3048 of 6 May 1996, as amended) is of an indicative and not a limitative nature, both with regard to the pathologies and chemical substances enumerated and the corresponding occupations and processes. It also notes that, further to the amendments made to the above Decree by Decree No. 6042 of 12 February 2007, a new methodology has been introduced with a view to establishing the causal link between a disease and its occupational origin. This takes into consideration the International Statistical Classification of Diseases and Related Health Problems and allows the recognition of the occupational origin of diseases which are not included in the national schedule where a technical epidemiological link is established. Moreover, the procedure does not require the victim of the disease to bear the burden of proving the occupational origin of the pathology. Finally, in cases where the causal link cannot be established through the new procedure, medical experts from the Social Security Institute are able to reclassify the disease as an occupational disease on the basis of an analysis carried out in individual cases.

The Committee takes due note of this information and requests the Government to specify whether, as it understands, the loading, unloading or transport of merchandise, although not explicitly enumerated in the schedule among the occupational activities presumed to be the cause of anthrax infection, could nevertheless be considered, through the new mechanism that has been established, as being the cause of this infection among employees in these sectors. It would also be grateful if the Government would keep it informed in future reports of the operation of the supplementary system for the recognition of occupational diseases in practice, including statistics on the number of cases examined each year by the competent bodies for the recognition of occupational diseases, and the rate of favourable findings.