Chemicals Convention, 1990 (No. 170) - Brazil (Ratification: 1996)

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

The Committee notes the joint observations of the International Organisation of Employers (IOE) and the National Confederation of Industry (CNI), received on 1 September 2015, indicating that they consider that Brazilian legislation gives effect to the provisions of this Convention.

Article 4 of the Convention. Formulation, implementation and periodic review of a coherent policy on safety in the use of chemicals at work, in consultation with the most representative organizations of employers and workers. The Committee notes the detailed information provided by the Government in its report on the existence of tripartite institutions that are responsible for, inter alia, overseeing the practical application of the Convention. The Committee notes in particular the Standing Joint Tripartite Committee (CTPP), the objectives of which include supporting the actions of public bodies aimed at ensuring compliance with legal provisions and proposing solutions to problems in the application of the national legislation. The Committee also notes the information on the periodic review of the policy on safety in the use of chemicals in the framework of the National Occupational Safety and Health Policy (PNSST), adopted by Decree No. 7.602 of 7 November 2011, which is implemented by the Tripartite Committee on Occupational Safety and Health (CTSST). The Committee requests the Government to continue providing information on this Article, including examples of the manner in which the CTPP and the CTSST carry out their mandates in relation to this Convention. The Committee also requests the Government to provide more detailed information on the policy on safety in the use of chemicals under consideration within the framework of the PNSST.

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

Article 4 of the Convention. Formulation, implementation and periodic review of a coherent policy on safety in the use of chemicals at work, in consultation with the most representative employers’ and workers’ organizations. The Committee notes the Government’s statement concerning the procedure for the drawing up of regulatory standards for technical details, which complement international and domestic standards on occupational safety and health (OSH). The Government indicates that in Brazil the first stage in the drafting or amendment of a regulatory standard is the definition by the Standing Joint Tripartite Committee (CTPP) of the subjects to be discussed, and then a technical group is established which submits a draft to a tripartite working group (GTT), which draws up the proposal to be presented to the CTPP. It also mentions the technical cooperation agreement signed between the Ministry of Labour and the National Institute of Metrology, Standardization and Industrial Quality. The Committee notes that this system enables consultations regarding the formulation or modification of a standard but also recalls that this Article of the Convention also requires consultations with the social partners during implementation and review and establishes that this must take place at intervals in order to ensure a follow-up mechanism capable of taking the necessary corrective action that arises from the application of that policy in practice. The Committee requests the Government to indicate whether a tripartite group exists for follow-up on the application of the Convention and also to indicate the arrangements for periodic review and consultation under this Article of the Convention during the reporting period.

Article 12. Exposure to chemicals and assessment thereof. Article 13. Assessment of the risks arising from the use of chemicals at work, exposure limits and measures to deal with emergencies. Article 15. Information and training for workers. Petrochemical industry. In its previous comments the Committee referred to the observations made by the Río Grande do Sul Union of Workers for the Road Transport of Liquids and Gases, Oil Derivatives and Chemicals (SINDILIQUIDA/RS), alleging the violation of the abovementioned Articles and according to which the Petrobrás Distribuidora enterprise had neither formulated nor implemented a programme for the prevention and control of occupational exposure to chemicals, nor had it implemented any measures for the prevention of occupational accidents or to prepare for emergencies, including the training of workers to that end, nor had it carried out any biological controls with regard to workers. The union also indicates that this situation is duplicated in other enterprises in the sector. The Committee notes with interest the detailed information supplied by the Government concerning the action of the labour inspectorate to ensure the application of the provisions of the Convention, stating that Petrobrás Distribuidora handed over a CD at the judicial hearing containing the enterprise’s hazard prevention plans and an extract included by the Government stating that SINDILIQUIDA/RS admitted that there was compliance with the abovementioned points. The Committee also notes the detailed information from the Government concerning the action taken by the labour inspectorate in the petrochemical industry, including at the Petrobrás Tranporte SA (TRANSPETRO), Petrobrás Distribuidora, Shell Brasil and Ipiranga companies, and in particular the action taken to comply with the present Articles of the Convention. The Committee will continue to follow up on any specific issues which may arise relating to the abovementioned communication in its comments on the Benzene Convention, 1971 (No. 136), and the Occupational Cancer Convention, 1974 (No. 139). The Committee further notes that, according to a document enclosed from the Labour Inspection Department of 14 December 2007 (Case No. 46011.000096/2007-62), other major obstacles to the effectiveness of the labour inspectorate are decisions issued by the judiciary and legislature, which often interfere in the results of inspection activity without due commitment to the safety and health of the workers. According to this document, the judiciary has overturned emergency measures, accepting the employers’ argument that plant stoppages would cause serious economic damage, without taking due account of the hazard represented by continuation of the work, and examples are provided. Finally, the document indicates that the labour inspectorate duly complies with its obligations and that the solution to this situation of legal ineffectiveness lies outside the scope of the competence of the Labour Inspection Secretariat. The Committee observes that the labour inspectorate in Brazil is thorough in its tasks and considers that the labour inspectorate can contribute to the application of the Convention but that the responsibility for ensuring the application of the Convention lies with the Government and not just with one entity. Furthermore, the present Convention requires coherent national policies such as those established in Article 4 and the harmonization of the various bodies and authorities involved in its application. The Committee hopes that the Government will take all the necessary measures to ensure that all state authorities are in a position to contribute to the full application of the Convention and requests it to continue to supply information on the application of the Articles listed at the beginning of this paragraph.

Part V of the report form. Application in practice. Articles 6 and 7. Criteria for the classification of chemicals and assessment of hazardous properties of mixtures. Article 16. Cooperation between employers and workers with respect to safety in the use of chemicals. Article 17. Duty of workers to cooperate with their employers in the discharge by the employers of their responsibilities. Article 18(3). Rights of workers and their representatives. The Committee notes that the report contains information on the activities of the labour inspectorate. The Committee indicates that this Convention involves the activity of various competent authorities and that the application of specific Articles goes beyond the scope of the enterprise and the labour inspectorate, as, for example, in the case of Article 6 of the Convention. The Committee requests the Government to provide a general description of the manner in which the Convention is applied in practice, including the Articles referred to in this paragraph. The Committee again requests the Government to provide information on the number of workers exposed to chemicals and on the trends observed regarding the type of violations specifically relating to the provisions of the Convention.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with interest the Government’s detailed report of 31 October 2008 containing full particulars (including attachments) on the relevant legislation and the work of the labour inspectorate.

The Committee notes the full particulars supplied by the Government in reply to its previous comments in which it requested information on the manner in which the legislation gives effect to Articles 2, 4, 5, 8(1), 8(3), 9, 10, 12, 18 and 19 of the Convention. In particular, it welcomes the information on the manner in which Article 4 is implemented, and on the work done by FUNDACENTRO and the National Commission on Chemical Safety (CONASQ). The Committee requests the Government to continue to provide information on the practical effect given to Article 4 of the Convention, including particulars of how it periodically reviews its policy on safety in the use of chemicals at work.

Petrochemical sector. SINDILIQUIDA/RS. In its previous comments, the Committee referred to observations sent by the Workers’ Union of the Road Transport of Liquids and Gases, Oil Derivatives and Chemical Products of the State of Río Grande Do Sul (SINDILIQUIDA/RS), which were received together with the attachments mentioned in the Committee’s comments under the Occupational Safety and Health Convention, 1981 (No. 155). The Committee notes that the Government has not provided the information requested on this matter. It refers the Government to its comments on the application of Convention No. 155, the Benzene Convention, 1971 (No. 136), and the Occupational Cancer Convention, 1974 (No. 139). The Committee reiterates its request for information on the Union’s assertion that in the case indicated in its observation, the Government breached the following Articles of the Convention: Article 12 (exposure to chemicals and assessment of the exposure); Article 13 (assessment of risks arising from the use of chemicals at work, limiting exposure and arrangements to deal with emergencies); and Article 15 (information and training for workers). The Committee also requests the Government to provide information on the union’s assertion that PETROBRAS DISTRIBUIDORA failed to prepare or implement a programme for the prevention and monitoring of occupational exposure to chemicals, failed to take measures to prevent occupational accidents and prepare for emergencies, including relevant training for the workers, and also failed to carry out biological monitoring of workers. It further alleges that the situation is the same in other enterprises in the sector. The Committee requests the Government to provide detailed information on the measures taken to ensure that effect is given to the provisions of the Convention in PETROBRAS and in the petrochemical sector in general, and particularly to Articles 12, 13 and 15, referred to by SINDILIQUIDA/RS, and the practical results obtained.

Articles 6 and 7. Criteria for the classification of chemicals and assessing the hazardous properties of mixtures. Article 16. Cooperation between employers and workers with respect to safety in the use of chemicals. Article 17.  Requirement for workers to cooperate with their employers in the latter’s discharge of their responsibilities. Article 18, paragraph 3. Rights of workers and their representatives. The Committee notes the information sent by the Government on the legislation pertaining to these Articles and requests it to send full particulars on the effect given to them in practice in the petrochemical sector with special reference to the situations referred to by SINDILIQUIDA/RS.

Part V of the report form. Application in practice. The Committee asks the Government to provide information on the number of workers exposed to chemicals and on the trends in the nature of the infringements of the Convention that have been observed.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

1. The Committee notes the observation submitted by the Union of Workers in the Road Transport of Liquids and Gases, Oil Derivatives and Chemical Products (SINDILIQUIDA/RS), received together with attachments on 4 October 2007 and sent to the Government on 8 November 2007. It notes that the above organization alleges non-application of the following Articles of the Convention: Article 12, Exposure to chemicals and evaluation; Article 13, Assessment of risks arising from the use of chemicals, limiting exposure and arrangements to deal with emergencies; Article 15, Information and training of workers. The Committee requests the Government to respond to the comments by SINDILIQUIDA/RS.

2. The Committee refers to its previous comments, including the observations by the Union of Workers of the Chemical, Petrochemical and Related Industries (SINDIPOLO) of Triunfo/RS, raising concerns about the manner in which the occupational safety and health laws are applied in the petrochemicals sector, and the Government’s reply to these observations. The Government is again asked to specify whether effect is given, or whether it plans to give effect, through laws and regulations, to the following provisions of the Convention:

–           Article 2. Definition of terms.

–           Article 4. Application and periodic review of a national policy on safety in the use of chemicals at work.

–           Article 5. Dangerous chemicals, the use of which is prohibited or restricted.

–           Article 8, paragraph 1. Chemical safety data sheets.

–           Article 8, paragraph 3. Marking and labelling.

–           Article 9. Responsibilities of suppliers; periodical review of labels and chemical safety data sheets and identification and assessment of non-classified chemicals.

–           Article 10, paragraphs 1 and 2. Identification of chemicals.

–           Article 10, paragraphs 3 and 4. Only labelled products to be used: a record to be kept of the hazardous chemicals used at the workplace.

–           Article 12(d). Records to be kept of the monitoring of the working environment and of the exposure of workers.

–           Article 18, paragraphs 1 and 2. Right of workers to remove themselves from danger resulting from the use of chemicals.

–           Article 18, paragraph 4. Disclosure of the specific identity of an ingredient of a chemical mixture to a competitor.

–           Article 19. Communication by the exporting member State to any importing country of the prohibition on using certain chemicals.

3. The Government is also requested to provide further information on the application of the relevant legislation in practice in relation to the following provisions of the Convention:

–           Articles 6 and 7. Criteria for the classification of chemicals and the assessment of hazardous properties of mixtures.

–           Article 16. Cooperation between employers and workers regarding safety in the use of chemicals at work.

–           Article 17. Duty of workers to cooperate with their employers in the latter’s discharge of their responsibilities.

–           Article 18, paragraph 3. Right of workers and their representatives.

4. Part V of the report form. General appreciation of the application of the Convention in practice. The Committee notes the Government’s statement that the Department of Occupational Safety and Health, attached to the Ministry of Labour and Employment, is currently improving its statistics base. The Committee requests the Government to provide all available information, including all statistics following the abovementioned improvement, on the number of workers exposed to chemicals, disaggregated by sex if possible, extracts from reports of the inspection services showing the number and nature of contraventions reported, and any official publications dealing with chemical-related problems, etc.

[The Government is asked to reply in detail to the present comments in 2008.]

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. The Committee also notes the observations submitted by the Union of Workers from the Chemical, Petrochemical and Related Industries of Triunfo/RS (SINDIPOLO), in which concerns were raised regarding the manner in which the occupational safety and health laws were applied in the petrochemical sector, as well as the Government’s reply thereto. Based on an examination of the report and appended legislation, the Committee would like to draw the Government’s attention to the following points.

2. As further detailed in the following, the Committee notes that the relevant legislation does not seem to contain provisions giving effect or full effect to some of the provisions of the Convention. The Government is requested to submit further information and clarifications as to whether and in what way effect has been given, or is envisaged to be given, to the following provisions of the Convention:

–         Article 2, on the definition of terms;

–         Article 4, on the formulation, implementation and periodical review of a national policy on safety in the use of chemicals at work. The Committee requests the Government to indicate how a coherent national policy on safety in the use of chemicals at work is formulated, implemented and periodically reviewed, to submit a copy thereof when available, as well as to provide additional information regarding the consultative mechanisms used in this context;

–         Article 5 on chemicals, the use of which is prohibited or restricted and whether additional chemicals, apart from those listed in the report, have been prohibited or restricted, and the reasons for the determination made under this Article;

–         Article 8, paragraph 1, on chemical safety data sheets. The Committee requests the Government to indicate the legal instrument providing that the ABNT norm NBR 14725 has become compulsory, failing which, it requests the Government to indicate measures taken or envisaged to give effect to Article 8, paragraph 1, of the Convention;

–         Article 8, paragraph 3, on marking and labelling. The Committee requests the Government to provide information on whether it is ensured that the chemical or common name used to identify chemicals on the chemical safety data sheet is the same as that used on the label.

–         Article 9, on the responsibilities of suppliers, revision of labels and chemical safety data sheets and the identification and assessment of non-classified chemicals;

–         Article 10, paragraphs 1 and 2, on identification of chemicals. The Committee requests the Government to provide information on measures taken to mark all chemicals independently of the degree of hazards, on the duty of employers to ensure that chemical data sheets, concerning all chemicals used at work, are provided and available to workers and their representatives and on the employers’ duty to obtain the relevant information from any reasonably available source if chemicals have been received without labels and chemical safety data sheets;

–         Article 10, paragraphs 3 and 4, on the usage of marked chemicals and records of hazardous chemicals used at the workplace;

–         Article 12, paragraph (d), on the maintenance of records of monitoring;

–         Article 18, paragraphs 1 and 2, on the rights of workers to remove themselves from danger resulting from the use of chemicals;

–         Article 18, paragraph, 4 on disclosure of specific identity of an ingredient of a chemical mixture to a competitor; and

–         Article 19 on communication by exporting member State of the use of hazardous chemicals prohibited in any importing country. The Committee understands that Brazil has developed a large chemical industry, and that it exports chemicals worldwide. Therefore, if a banned list of chemicals exists, and if these are exported, the Committee requests the Government to provide information on whether the reasons for the banning are provided to the importing State.

3. The Government is also requested to provide further information on the application of relevant legislation in practice in application of the following provisions of the Convention:

–         Articles 6 and 7, on the criteria for the classification of chemicals and the assessment of hazardous properties of mixtures. With particular reference to the Government’s information that a national steering committee has been set up for the implementation of the Globally Harmonized System for the Classification and Labelling of Chemicals (GHS), the Committee requests the Government also to provide further information on progress in this regard;

–         Article 16, on the cooperation between employers and workers with respect to safety in the use of chemicals;

–         Article 17, on the duty of workers to cooperate with their employers in the discharge by the employers of their responsibilities; and

–         Article 18, paragraph 3, on the rights of workers and their representatives.

4. Part V of the report form. Practical application of the Convention. The Committee notes the Government’s statement that the Department of Occupational Safety and Health of the Ministry of Labour and Employment is upgrading its statistical database. The Committee requests the Government to submit all available information, including statistical information, once upgraded, on the number of workers exposed to chemicals, disaggregated by gender, if possible, extracts from inspection reports showing the number and nature of infringements observed, and copies of any official publications addressing issues related to chemicals, etc.