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

Prevention of Major Industrial Accidents Convention, 1993 (No. 174) - Brazil (Ratification: 2001)

Article 4 of the Convention. Formulation, implementation and review of a coherent national policy concerning the protection of workers, the public and the environment against the risk of major accidents. The Committee notes the Government’s indication that the tripartite group set up to study Convention No. 174 has encountered major difficulties in the definition of the list of hazardous substances and the respective threshold quantities which, if exceeded, identify a major hazard installation. It also notes the Government’s indication that this difficulty is due both to the highly technical nature of the subject and to the continued resistance of employers, who invariably call for the thresholds proposed by the Government to be raised with a view to avoiding the application of the standards set out in the Convention. The Committee also notes the Government’s indication that major hazard installations are also those with the highest potential for environment hazards, for which reason they are subject to the environmental legislation which, before an operating permit is granted, requires an impact study, and persons and entities engaged in potential polluting activities or those involving products which are hazardous for the environment are required to be included on the Federal Technical Register of potentially polluting activities or those using environmental resources. The Committee wishes to emphasize that one of the principal objectives of the Convention is to ensure that governments take the required measures to prevent major industrial accidents so that their effects can be minimized in so far as is reasonably possible. The focus of this Convention relates not only to the management of accidents in such installations, not only to the management of the environment, but also to the management of major industrial accidents involving the exposure of workers, the environment and the public. Although matters of national policy are closely related to issues covered by the national occupational safety and health policy (OSH), the specific national policy issues covered by the present Convention differ in terms of their objectives and their focus. Neither labour legislation, nor environmental legislation, is sufficient to give effect to this Convention. Indeed, as indicated in paragraph 1 of this Article, the policy has to be a coherent national policy concerning the protection of workers, the public and the environment against the risk of major accidents, and consultations have to be held with the representatives of employers and workers, and also with other interested parties. Furthermore, in accordance with Article 17 of the Convention, the policy involves a national siting policy arranging for the appropriate separation of proposed major hazard installations from working and residential areas and public facilities. Reminding the Government of its obligation to adopt a policy that gives effect to the Convention, the Committee urges the Government to adopt a coherent national policy concerning the protection of workers, the public and the environment, and to adopt the preventive and protective measures referred to in paragraph 2 of Article 4 of the Convention, including the policy indicated in Article 17, and to provide detailed information on this subject. Furthermore, recalling that the Office’s technical assistance is at its disposal, the Committee invites the Government to examine the possibility of requesting such assistance for the implementation of the Convention and to provide information on any needs in this respect.

Articles 3 (definitions), 5 (establishment of a system for the identification of major hazard installations), 7 (identification of major hazard installations) and 9 (establishment and maintenance of a documented system of major hazard control). The Committee regrets to note the information from the Government that, for the reasons indicated above relating to the lack of consensus in the tripartite group to study Convention No. 174, it has not been possible to give effect to these Articles, which are fundamental to the application of the Convention, but that the Government is making efforts with the social partners, and the Federal Constitution implicitly endows ratified treaties and Conventions with the status of federal legislation. The Committee urges the Government to adopt legislative measures and practices to give effect to these Articles of the Convention, hopes that the members of the tripartite group will endeavour to make progress in the application of the Convention and requests the Government to provide information on this subject.

Article 6. Measures to protect confidential information transmitted to the competent authority. The Committee notes the Government’s indications that effect is given to this Article through the environmental legislation and that one of the principles of the National Environmental System is the protection of industrial secrets, and that this principle is also applied by labour inspection personnel. The Committee notes that these measures do not give effect to this Article of the Convention, which relates principally to the need for consultation in relation to the confidentiality of information in respect of the following Articles of the Convention: 8 (notification of major hazard installations); 12 (safety reports on the respective installations and modifications) and 13 (notification of major accidents and analysis of the causes and any action to be taken). The Committee requests the Government to provide information on these matters.

Articles 10 to 12. Safety reports. The Committee notes the Government’s indication that progress has not been made in the definition of “safety report”, and the list provided of the documents which have to be submitted to the Registry referred to above under the terms of Annex IV of Instruction IBAMA No. 10/01. The Committee refers to its previous comments and urges the Government to give effect to these fundamental Articles for the prevention and protection against major accidents, and to provide information on this subject.

Articles 13 and 14. Accident reports. The Committee notes that, according to the Government, any work-related accident has to be notified to the social welfare services at the latest on the first working day following the accident, in accordance with Act No. 8213 of 1991. Any accidents or incidents involving explosive materials have to be notified within 48 hours, under the terms of paragraph 1.5 of Annex I to Regulatory Standard No. 19 of 2007. The Committee indicates that the report referred to in this Article goes the beyond provision of information to the social welfare services and that the provision of such information does not in itself give effect to the present Article. The Committee requests the Government to give effect to these Articles of the Convention and to provide information on this subject.

Article 15. Emergency plans and procedures. The Committee notes that the Government refers to the National Plan on Prevention, Preparation and Rapid Response to Environmental Emergencies involving Hazardous Chemicals – P2R2. The Committee understands from the information provided that this Article of the Convention is applied in part and requests the Government to provide information on the manner in which effect is given to this Article of the Convention in relation to other installations not included in the P2R2, including the coordination referred to in the Article.

Article 16. Dissemination of information on the safety measures to be taken in the event of a major accident. The Committee notes that the Government refers once again to emergency situations and to the National Plan on Prevention, Preparation and Rapid Response to Environmental Emergencies involving Hazardous Chemicals – P2R2. The Government adds that no major hazard installations have been identified near to the country’s borders, for which reason it has not been necessary to provide information to neighbouring States. The Committee requests the Government to ensure the dissemination at appropriate intervals to members of the public liable to be affected by a major accident of the information referred to in this Article. Please provide information on this subject.

Article 17. Comprehensive policy for the siting of major hazard installations. The Committee notes the information provided concerning installations in which the activities are, or are potentially polluting (section 10 of Act No. 6938/81) and Decree No. 4297 of 2002 respecting the ecological-economic zones of Brazil. The Committee requests the Government to indicate whether these or other standards provide for the appropriate separation of proposed major hazard installations from working and residential areas and public facilities, as required by this Article of the Convention.

Article 20. Rights of workers and their representatives. The Committee notes that the information provided by the Government covers only part of the present Article of the Convention, for which very specific information is required. The Committee requests the Government to provide detailed information on the manner in which effect is given to this Article of the Convention.

Article 22. Responsibility of exporting States. The Committee notes that this Article is not applicable as in Brazil there are no substances, technologies or processes which have been prohibited as potential sources of a major accident.

Part V of the report form. Application of the Convention in practice. Article 4. National policy. The Government indicates that, even though the negotiations have not been concluded for the definition of “threshold quantity” and for the development of a system for the identification of major hazard installations, accident prevention is a constant objective of the Ministry of Labour. The Government indicates, in view of the gaps in the regulations, the strategy of the labour inspection services is to undertake preventive action in installations which are undeniably at risk of major accidents. The labour inspectorate has undertaken inspections in chemical/petrochemical industries, water treatment plants (chlorine), refrigeration and the food industry (ammoniac), bottling of gas and production of explosives. Various educational activities are also organized with employers and workers with a view to introducing the Convention in the country and drawing lessons from major accidents that have occurred. The Committee welcomes the efforts made by the labour inspection services to give effect to the Convention in practice. However, it emphasizes that this Convention requires much broader action than that of the labour inspection services for its full application and that, as provided for in Article 4 of the Convention, each Member shall formulate, implement and periodically review, in the light of national laws and regulations, conditions and practices, and in consultation with the most representative organizations of employers and workers and with other interested parties, a coherent national policy concerning the protection of workers, the public and the environment against the risk of major accidents. The formulation of this policy is essential for the application of the Convention. The Committee requests the Government to provide information in its next report on the measures that it has taken, including consultations with the most representative organizations of employers and workers and with other interested parties, for the formulation of a national policy in accordance with Article 4 of the Convention.