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

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the information provided by the Government on the effect given to the following Articles of the Convention: Articles 10–12 (safety report); 13 and 14 (accident report); 15 (emergency plans and procedures); 16 (dissemination of information on safety measures to adopt in the case of a major accident); and 20 (rights of workers and their representatives).

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 information provided by the Government in its report indicating that the prevention of major industrial accidents forms part of its National Occupational Safety and Health Policy (PNSST), adopted by Decree No. 7.602 of 7 November 2011. The PNSST is being implemented through the National Occupational Safety and Health Plan (PLANSAT), and the Tripartite Committee on Occupational Safety and Health (CTSST) is responsible for overseeing the implementation of both instruments and for their periodic review. According to the Government, the decisions of the CTSST regarding the PLANSAT and the PNSST do not only affect specific economic sectors, but also more general levels, including decisions that address major industrial accidents. In relation to its previous comments, the Committee further notes the information on various government agencies that participate in the application of the Convention, in particular the National Commission on Chemical Safety (CONASQ), the Standing Joint Tripartite Committee (CTPP) and the Tripartite Study Group on Convention No. 174. The Committee nevertheless notes that the Government refers in general terms to a national protection policy and the competencies of the institutions mentioned above, but does not provide specific information on this policy or on specific progress that has been made in relation to this Article of the Convention. The Committee requests the Government to provide specific information on the policy to prevent major industrial accidents. The Committee also requests the Government to continue providing information on any progress made in the CONASQ and the Tripartite Study Group on Convention No. 174.

Article 5. Establishment of a system for the identification of major hazard installations. Article 7. Identification of major hazard installations. Article 9. Establishment and maintenance of a documented system of major hazard control. The Committee notes that, in its report, the Government refers in general terms to regulations and standards, but does not explain the specific manner in which these legal provisions give effect to these Articles of the Convention. The Committee reminds the Government that, in accordance with these Articles of the Convention, member States are required to: (i) establish a system for the identification of major hazard installations (Article 5); (ii) require employers to identify major hazard installations on the basis of the system established by the Government under Article 5 (Article 7); and (iii) ensure that employers establish and maintain a documented system of major hazard control (Article 9). The Committee requests the Government to provide information on the manner in which the legislative provisions referred to in the report give effect to these Articles of the Convention.

Article 6. Measures to protect confidential information transmitted to the competent authority. The Committee notes Decree No. 4.552 of 27 December 2002, in accordance with which labour inspectors cannot disclose manufacturing or trade secrets or information to which they have had access during the course of their duties. The Committee notes, however, that this provision does not give effect to this Article of the Convention, in so far as the information transmitted to the competent authorities, in accordance with Articles 8, 12, 13 and 14 of the Convention, does not require the intervention of the labour inspectorate. The Committee requests the Government to take the necessary legislative and practical measures to give effect to this Article of the Convention and to provide information on this regard.

Article 17. Comprehensive siting policy and the localization of major hazard installations. The Committee notes the Government’s reference to the PNSST. The Committee nevertheless notes that this reference is general and does not respond to its previous request. The Committee requests the Government to provide specific information on the comprehensive siting policy arranging for the appropriate separation of proposed major hazard installations from working and residential areas and public facilities, and the measures adopted in relation to existing installations.

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

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.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes the information contained in the Government’s reports and the attached legislation. In particular, it notes with interest that a tripartite group has been set up to study Convention No. 174 which prepares proposals for implementing the Convention. From the information available, the Committee could conclude that the legislation continues to comply in part with the provisions of the Convention. While welcoming the creation of the abovementioned study group, it hopes that in the near future specific measures will be taken in order to give full effect to the provisions of the Convention in law and in practice. The Committee hopes that in considering future amendments to the legislation, the Government will take account of the comments below. It requests the Government to provide information on the following points in its next report.

2. Article 2. Plans for the implementation of all the preventive and protective measures. The Committee requests the Government to send information on the terms of reference of the abovementioned tripartite group to study the Convention, and also to provide information on the manner in which the Convention applies to existing plant which may be exposed to the risk of major accidents. Please also provide information on any institutional restructuring that has been or is to be undertaken to facilitate application of the Convention.

3. Article 4. Adoption of a coherent national policy. The Committee requests the Government to indicate whether it has formulated, implemented and periodically reviewed a coherent national policy concerning the protection of workers, the public and the environment against the risk of major accidents.

4. Article 6. Measures to protect confidential information transmitted to the competent authority. The Committee notes from the information provided by the Government that, on the advice of the National Information Agency, the issue of confidential information is being dealt with by the tripartite study group on the Convention. It requests the Government to supply information on any progress in this matter.

5. Article 8. Duty to notify any major hazard installation identified. The Committee notes that the environment protection system requires environmental impact studies to be submitted for the obtention of a permit to build and operate any major hazard installation. However, the Government appears not to have sent information on the employers’ duty to notify to the competent authority, within an established time frame, of any existing major hazard installation which they have identified, or on the employers’ duty to notify in advance to the competent authority any permanent closure of a major hazard installation. Consequently, the Committee requests the Government to indicate the measures taken or envisaged to ensure full application of paragraph 1(a) and paragraph 2 of this Article.

6. Articles 10 to 12. Safety report. The Committee notes from the information provided by the Government that the national legislation provides for regular review of damage prevention programmes and studies on environmental impact and emergency preparedness, and that the relevant documentation is available to the competent authority, the workers and their representatives. However, in view of the fact that there is no definition of “safety report” (see under Article 3 above), there would appear to be no provisions in the national legislation that cover the preparation, review, updating and amendment of safety reports. Consequently, the Government is asked to give full particulars of the measures adopted or envisaged to ensure that this Article of the Convention is applied.

7. Article 16. Dissemination of information on safety measures to be taken in the event of a major accident. The Committee notes from the information provided by the Government, from which it can be inferred that the competent authority has a duty to disseminate information on safety measures among the members of the population who are exposed to the effects of a major accident only in an emergency related to a major environmental accident, and not at appropriate intervals, as prescribed by Article 16(a). Consequently, it asks the Government to send information on the manner in which it gives effect to Article 16(a) and to indicate which provision of the national legislation establishes the duty prescribed in this Article. Lastly, the Government is asked to send information on the application of Article 16(c).

8. The Committee observes that the relevant legislation appears not to contain provisions giving effect to certain provisions of the Convention. It accordingly asks the Government to send additional information and further clarification regarding measures taken or envisaged, to the following provisions of the Convention:

–           Article 3. Definitions;

–           Article 5. Establishment of a system for the identification of major hazard installations;

–           Article 7. Identification of major hazard installations;

–           Article 9. Establishment and maintenance of a documented system of major hazard control;

–           Articles 13 and 14. Accident report;

–           Article 15. Emergency plans and procedures;

–           Article 17. Siting of major hazard installations;

–           Article 20. Rights of workers and their representatives; and

–           Article 22. Responsibility of exporting States.

9. Part V of the report form. The Government is asked to provide general information on the manner in which the Convention is applied, together with extracts of inspection reports and, if they exist, statistics and data on the number of workers protected by the measures giving effect to the Convention, the number and nature of infringements reported, etc.