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

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

The Committee refers the Government to its observation and requests it to provide information on the following points.

Article 2(1) and (2) of the Convention. Replacement of carcinogenic substances and agents. The Committee notes that, according to the Government, no national policy has as yet been defined on the possible prohibition of asbestos, including chrysotile asbestos, because some public institutions, and workers’ and employers’ organizations are opposed to its prohibition. The Government also states that the Inter-Ministerial Committee on Asbestos has not yet published its report. According to the Government, there has been some advance thanks to restrictive legislation in states or municipalities, though progress is being achieved in a context of confrontation and judicial quarrels. The Committee requests the Government to continue to provide information on this matter, including relevant extracts from the report of the Inter-Ministerial Committee mentioned above, together with information on any replacement, made or envisaged, of carcinogenic substances and agents.

Article 3. Protection of workers and establishment of a system of records. Further to its previous comments the Committee notes that, according to the Government, benzene suppliers may sell the product only to enterprises duly registered pursuant to Appendix 13-A of Regulatory Standard No. NR-15, and that transport enterprises must likewise be registered. The Government also indicates that should a union learn of any enterprise that has failed to register, it is able to report the matter to the representative of the Ministry of Labour and Employment. As regards medical records, the Committee notes the information sent by the Government to the effect that in the case of benzene, Regulatory Standards Nos NR-7 and NR-9 provide for the keeping of medical records for 20 years. The Committee requests the Government to provide information on the keeping of medical records pertaining to the other carcinogenic substances and agents referred to by the Convention and on the content of such records.

Article 5. Biological and other tests to be provided for workers during and after employment. The Committee notes the detailed information sent by the Government on the application of this Article to workers who work with asbestos. However, the Committee points out that there appears to have been a misunderstanding, since the Committee referred to other categories of workers. What the Committee noted was that, according to the information sent by the Government in paragraph 5 of its 2008 report, examinations after termination of the employment relationship are at present required only in the case of workers exposed to asbestos, but Regulatory Standards Nos NR-7, NR-9 and NR-15 are to be updated once the review to update regulatory standards on ionizing radiations has been completed. The Committee again asks the Government to adopt measures to ensure that all workers covered by the Convention are provided with such medical examinations or biological or other tests or investigations during the period of employment and thereafter as are necessary to evaluate their exposure and supervise their state of health in relation to occupational hazards. The Government is asked to provide information in this regard.