Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Radiation Protection Convention, 1960 (No. 115) - Brazil (Ratification: 1966)

Article 1 of the Convention. Consultation with employers’ and workers’ representatives. Further to its previous comments, the Committee notes that the Government reports that in view of the technical complexity of the matter, the National Committee on Nuclear Energy produced appropriate rules, which are reflected in Appendix No. 5 to NR No. 15, issued by Order MTb/SSST No. 4 of 11 April 1994. The institutionalization of the methodology for formulating and reviewing regulations on occupational safety and health (OSH) came after that date, with the creation of the Standing Joint Tripartite Committee (CTPP) by Order MTE/SST No. 2 of 10 April 1996. This explains why there was no consultation on the formulation of Order No. 4 of 1994. There is now a technical group responsible for review, created by Order MTE/SIT/DDST No. 58 of 3 October 2003. The Government states that the review is progressing very slowly because of the eminently technical nature of the matters to be regulated and because there has to be a consensus on any amendment, in accordance with article 5 of the CTPP internal regulations, so no consultations are anticipated in the next 12 months but the employers’ and workers’ representatives are still free to submit amendment proposals to the CTPP. The Committee requests the Government to provide information on any consultations held on this matter.

Articles 3(1) and 6(2). Pregnant workers. The Committee notes the information sent by the Government on the legislation giving effect to these provisions of the Convention and asks it to provide information on their application in practice.

Article 14. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. The Committee notes the information supplied on Regulatory Standard No. 7, paragraph 7.4.7, to the effect that workers who have received a high dose of radiation are to be removed from the workplace and in the event of dysfunction in any biological organ or system, are to be directed to social security pursuant to paragraph 7.4.8. The Committee requests the Government to provide information on the effect given to these provisions in practice and, in the interests of clarity, to indicate whether the legislation also provides for the possibility of alternative employment where to keep a worker in a job involving exposure is medically inadvisable.