Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

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

The Committee notes with interest the Government’s detailed report of 31 October 2008 containing full particulars (including attachments) on the relevant legislation and the work of the labour inspectorate.

The Committee notes the full particulars supplied by the Government in reply to its previous comments in which it requested information on the manner in which the legislation gives effect to Articles 2, 4, 5, 8(1), 8(3), 9, 10, 12, 18 and 19 of the Convention. In particular, it welcomes the information on the manner in which Article 4 is implemented, and on the work done by FUNDACENTRO and the National Commission on Chemical Safety (CONASQ). The Committee requests the Government to continue to provide information on the practical effect given to Article 4 of the Convention, including particulars of how it periodically reviews its policy on safety in the use of chemicals at work.

Petrochemical sector. SINDILIQUIDA/RS. In its previous comments, the Committee referred to observations sent by the Workers’ Union of the Road Transport of Liquids and Gases, Oil Derivatives and Chemical Products of the State of Río Grande Do Sul (SINDILIQUIDA/RS), which were received together with the attachments mentioned in the Committee’s comments under the Occupational Safety and Health Convention, 1981 (No. 155). The Committee notes that the Government has not provided the information requested on this matter. It refers the Government to its comments on the application of Convention No. 155, the Benzene Convention, 1971 (No. 136), and the Occupational Cancer Convention, 1974 (No. 139). The Committee reiterates its request for information on the Union’s assertion that in the case indicated in its observation, the Government breached the following Articles of the Convention: Article 12 (exposure to chemicals and assessment of the exposure); Article 13 (assessment of risks arising from the use of chemicals at work, limiting exposure and arrangements to deal with emergencies); and Article 15 (information and training for workers). The Committee also requests the Government to provide information on the union’s assertion that PETROBRAS DISTRIBUIDORA failed to prepare or implement a programme for the prevention and monitoring of occupational exposure to chemicals, failed to take measures to prevent occupational accidents and prepare for emergencies, including relevant training for the workers, and also failed to carry out biological monitoring of workers. It further alleges that the situation is the same in other enterprises in the sector. The Committee requests the Government to provide detailed information on the measures taken to ensure that effect is given to the provisions of the Convention in PETROBRAS and in the petrochemical sector in general, and particularly to Articles 12, 13 and 15, referred to by SINDILIQUIDA/RS, and the practical results obtained.

Articles 6 and 7. Criteria for the classification of chemicals and assessing the hazardous properties of mixtures. Article 16. Cooperation between employers and workers with respect to safety in the use of chemicals. Article 17.  Requirement for workers to cooperate with their employers in the latter’s discharge of their responsibilities. Article 18, paragraph 3. Rights of workers and their representatives. The Committee notes the information sent by the Government on the legislation pertaining to these Articles and requests it to send full particulars on the effect given to them in practice in the petrochemical sector with special reference to the situations referred to by SINDILIQUIDA/RS.

Part V of the report form. Application in practice. The Committee asks the Government to provide information on the number of workers exposed to chemicals and on the trends in the nature of the infringements of the Convention that have been observed.