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

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

The Committee notes the Government’s report of 31 October 2008, containing a reply to the comments made by the Committee and those made by the Workers’ Union of the Road Transport of Liquids and Gases, Oil Derivatives and Chemical Products of Rio Grande do Sul (SINDILIQUIDA/RS), including the attachments referred to in the Committee’s comments under the Occupational Safety and Health Convention, 1981 (No. 155).

Article 1 of the Convention. Carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization or control. The Committee notes that Decree No. 6042/07 contains a list of substances which causes diseases and occupational risk factors in which a series of substances are recognized as being carcinogenic. According to the report, by means of this Decree the Ministry of Social Security established a new mechanism to determine the link between health impairments and the work performed, and whether or not the enterprise has provided notification of the incident. The existence of links is recognized at three sequential and hierarchical stages: (1) the link is established between a substance and a health impairment when it is included in the list annexed to Decree No. 6042/07 and is known as a technical-occupational or work-related link; (2) the link is established when the worker suffers a health impairment related to the economic activities mentioned in the Decree, except when an expert from the Ministry issues a reasoned opinion setting aside the existence of the link, which is known as a technical-epidemiological prospective link; and (3) the link is established by an expert from the Social Security Department following an examination, even where the economic activity is not listed in the Decree, which is known as a technical individual link. The Government also refers to a series of recent developments regarding legislative and technical standards, such as the adoption of Act No. 12684 of the State of São Paolo prohibiting chrysotile asbestos and the discussion in the Standing Joint Tripartite Commission concerning Regulatory Standard No. 15 on ionizing radiations. The Committee requests the Government to provide information on the effect given in practice to this mechanism for the establishment of occupational links envisaged in Decree No. 6042/07. The Committee also requests the Government to provide information on the manner in which the list of carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization or control is periodically updated, and to keep it informed of any further developments in this respect.

Articles 4 and 5. Information on carcinogenic substances and agents and on the measures to be taken, to ensure that workers benefit from medical examinations and supervision of their state of health. SINDILIQUIDA/RS refers to the situation of workers in the petroleum sector in Rio Grande do Sul, and particularly to driver-operators. It affirms that in practice effect is not given to these provisions of the Convention, as information is not provided on the hazards of carcinogenic products, such as benzene. It adds that in innumerable cases appropriate medical examinations are not carried out to assess the exposure and state of health of workers in relation to occupational risks. SINDILIQUIDA/RS affirms that it is not possible to document all the cases in Brazil where there is a breach of these rules, but that through the report of the labour delegation of Rio Grande do Sul evidence is provided on a few specific cases such as violations by Petrobras, Shell and other enterprises in the sector. It concludes that such situations occur throughout the country and that action is not taken to bring an end to these abuses involving serious and often irreversible exposure. In its reply, the Government indicates that in Brazil the relevant Standards are NR-01, NR-07 establishing the Occupational Health Medical Programme  and NR-09 on the Environmental Risks Programme. The Committee observes that the matter at issue is the effect given in practice to these provisions. The Committee, on the one hand, welcomes the quality and exhaustive nature of the reports of the labour delegation and, on the other, observes that these efforts have not yet succeeded in securing effective compliance with the legislation in practice. Nevertheless, these reports provide a useful assessment of the situation in practice. The Committee urges the Government to increase its efforts to take all necessary measures to give full effect to these provisions of the Convention and requests it to provide detailed information on measures taken and results achieved in practice, particularly in relation to the workers and sectors referred to above.

Article 6(c), and Part IV of the report form. Labour inspection services. The Government indicates that when enterprises are found to be systematically failing to comply with the legislation, the Ministry of Labour and the Office of the Public Prosecutor for Labour Matters can take civil action, in addition to increasing supervision carried out by the labour inspection services. Bearing in mind the communication of SINDILIQUIDA/RS, which indicates that neither the actions of the labour inspectorate nor the civil actions taken have succeeded in ensuring that the enterprises at issue comply with the legislation giving effect to the Convention, the Committee invites the Government to take all relevant measures to achieve progress in practice in such serious matters as exposure to carcinogenic substances.

The Committee is raising other matters in a request addressed directly to the Government.