Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Workmen's Compensation (Occupational Diseases) Convention (Revised), 1934 (No. 42) - Brazil (Ratification: 1936)

Referring to its 2008 direct request, the Committee notes with interest the Government’s statement that the new methodology for the recognition of occupational diseases introduced by Decree No. 6042 of 12 February 2007 would allow anthrax infection contracted by employees engaged in the loading, unloading or transport of merchandise to qualify as an occupational disease. According to the Government’s report, even though anthrax infection is not listed by Annex II to Decree No. 3.048 of 6 May 1999 establishing the schedule of occupational diseases, the issuance of an Occupational Accident Report (CAT) is no longer a prerequisite for the recognition of an occupational nature of a disease. Henceforth, the medical expert of the National Social Security Institute can grant such recognition whenever the analysis of a specific case can show that the cargo handler or transporter was exposed to potentially contaminated products or materials, taking into account the International Classification of Diseases (ICD 10) and the National Classification of Economic Activities (CNAE) used for identification of the Technical Epidemiological Social Security Nexus (NTEP). In addition, the Government has supplied statistical information for 2009 and 2010 showing that approximately 25 per cent of all industrial accidents and occupational diseases are now recognized on the basis of the new methodology. In view of the above information and the provisions of Decree No. 3.048, List B (established by Decree No. 6.957 of 2009), the Committee considers that the new methodology introduced in 2007 offers sufficient guarantees allowing workers engaged in the loading, unloading or transport of merchandise in general who contract anthrax infection to obtain the recognition of the occupational origin of their disease.