Asbestos Convention, 1986 (No. 162) - Brazil (Ratification: 1990)

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

Articles 3(2) and 10 of the Convention. Review of national laws and regulations in the light of technical progress and advances in scientific knowledge. Replacement and prohibition of asbestos. In its previous comments, the Committee referred to measures for the replacement and prohibition of asbestos in accordance with Article 10 of the Convention. The Committee notes that the Government reiterates in its report that the only type of asbestos authorized is chrysotile asbestos. Furthermore, it takes note with interest of the information provided by the Government indicating that there are several laws and bills on the replacement and prohibition of asbestos at the state level. It notes in particular Act No. 9583/11 of the state of Mato Grosso, which prohibits the use of any type of asbestos in that state. It also notes that appeals for unconstitutionality have been filed against Act No. 11643 of the state of Rio Grande do Sul, which prohibits the manufacture and marketing of asbestos-based products in the state, and against Act No. 12684 of the state of São Paulo, which prohibits the use of products, materials or constructions containing any type of asbestos. Recalling that the International Labour Conference resolved in its resolution concerning asbestos, adopted at its 95th Session in June 2006, that the Asbestos Convention, 1986 (No. 162), should not be used to provide a justification for, or endorsement of, the continued use of asbestos, the Committee requests the Government to provide information on the results of the constitutional appeals referred to above. The Committee also requests that the Government continue to adopt appropriate measures to ensure the periodical review envisaged by the Convention and to provide detailed information on this subject.

Article 5. Adequate and appropriate system of inspection. The Committee notes the detailed information provided by the Government in its report on the activities of the inspection services, in accordance with Article 5 of the Convention. The Committee requests the Government to continue to provide detailed statistical information regarding the enforcement, through the inspection services, of the obligations under the Convention.

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

With reference to its observation, the Committee requests the Government to provide information on the following points.

Article 3(2) of the Convention. Periodical review of national laws and regulations in light of technical progress and advances in scientific knowledge. With reference to its previous comments, the Committee notes the Government’s indication that it is constantly open to the possibility for workers’ and employers’ representatives to make proposals to amend the relevant standards in the Standing Joint Tripartite Commission (CTPP), but that the need for approval by consensus of any amendment to the legislation imposes a slow decision-making process. Nevertheless, the Committee notes that the Government does not provide information on the intervals at which the review is undertaken, nor on the proposals for revision made under the terms of this Article. The Committee recalls that it is the obligation of the Government to ensure that the national laws and regulations adopted under paragraph 1 of this Article are reviewed periodically in the light of technical progress and advances in scientific knowledge. Such a review cannot depend on the proposals made by workers and employers, but it is the responsibility of the Government to undertake such a periodical review after consultation with the most representative organizations of employers and workers concerned. The Committee requests the Government to adopt the appropriate measures to ensure the periodical review envisaged in this Article and to provide detailed information on this subject.

Article 10(a). Replacement of asbestos or of certain types of asbestos or products containing asbestos by other materials or products or the use of alternative technology. The Committee notes the Government’s indication that the intensification of inspections and the increase in taxes on the extraction and industrial processing of asbestos is leading to a gradual equalization of prices and, when associated with the dissemination of social information on the pernicious effects of asbestos, is promoting the gradual replacement of asbestos in Brazil. The Committee notes the emphasis placed by the Government on the work of the labour inspection services and points out that this Article requires legislative measures, rather than inspection. The Committee requests the Government to provide information on the legislative measures that are adopted or envisaged to give effect to this Article of the Convention.

Article 10(b). Total or partial prohibition of the use of asbestos or of certain types of asbestos or products containing asbestos in certain work processes. The Committee notes that, according to the Government’s report, reference should be made at the federal executive level to Order NMA No. 43 of 28 January 2009, through which the Ministry of the Environment and agencies related to the Ministry establish a prohibition. It further notes the Government’s indication, at the level of the National Congress, of the submission of the final report of the Working Group of the Environment and Sustainable Development Commission of the Chamber of Deputies, on 14 May 2010, which proposes the prohibition of all forms of asbestos. The Government indicates that the National Association of Labour Prosecutors and the National Association of Labour Court Magistrates launched an appeal for section 2 of Act No. 9055, of 1 June 1995, to be declared unconstitutional, which would result in the prohibition of the extraction, industrialization and commercial use of chrysotile asbestos. The Government indicates that, at the state level, there are laws prohibiting its use in the states of São Paulo, Rio de Janeiro, Rio Grande Do Sul and Pernambuco (Act No. 12589 of 2004). The Committee requests the Government to continue providing information on the legislative measures adopted with view to ensuring, where necessary to protect the health of workers and technically practicable: (1) the total or partial prohibition of the use of asbestos or of certain types of asbestos; and (2) of certain products containing asbestos in certain work processes.

Article 5. Adequate and appropriate inspection. The Committee notes the general indications provided by the Government on the operation of the labour inspection services, but that it does not provide specific information on the activities that may be undertaken by the Labour Inspectorate to ensure the application of the provisions of the Convention. The Government indicates that the inspection services, in the field of occupational safety and health, place emphasis on sectors in which there is a greater incidence of accidents, and that in sectors in which this is not the case, complaints involving a serious risk to the health and safety of workers are examined immediately. This is in contradiction with the Government’s assertion that inspection has been intensified in the areas noted previously by the Committee. The Government indicates that various projects are being carried out to verify the tolerance limits envisaged in the legislation, including in relation to asbestos. The Committee requests the Government to provide information on the activities undertaken by the Labour Inspectorate to ensure the application of the Convention, and to provide information on this subject.

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

Articles 3(2) and 10 of the Convention. Review of national laws and regulations in the light of technical progress and advances in scientific knowledge. Replacement and prohibition of asbestos. The Committee notes the communication, including various annexes, provided by the Brazilian Association of Industries and Distributors of Fibrocement Products (ABIFibro), which was duly forwarded to the Government. The communication asserts that there has been technical progress in Brazil and the development of scientific knowledge which today allow the replacement of asbestos and that the time has therefore come for Brazil to prohibit any type of asbestos, and that the legislation needs to be revised in this respect, in accordance with Article 3(2) of the Convention. ABIFibro adds that the prohibition of asbestos would not eliminate jobs, because the industries have demonstrated their capacity for adaptation to new technologies without losing jobs. ABIFibro argues that the reasons justifying the use of chrysotile in Act No. 9055/95 respecting the use of asbestos are no longer valid. The Committee will examine this communication, together with the comments that the Government considers it appropriate to provide, in its next comment.

The Committee is raising other points in a request addressed directly to the Government.

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

Articles 3 and 10 of the Convention. Periodical review of national laws and regulations adopted under Article 3, paragraph 1, in the light of technical progress and advances in scientific knowledge. Replacement of asbestos. The Committee notes that the Government, referring to Articles 3, paragraph 2, and 10, of the Convention and to a statement by the Association of Industries and Agencies for the Distribution of Fibrocement Products (Abifibro), affirms that the Ministry of Labour is working to achieve the prohibition of the use of asbestos in all its forms. The Government adds that it is not possible to endanger the life and physical integrity of human beings on the basis of any type of economic utilitarianism or the maintenance of obsolete production techniques and that, to this end, the Ministry of Labour issued a favourable opinion concerning Bill No. 2167 of 2007, which prohibits the use of asbestos in all its forms, both as a raw material and its commercialization throughout the territory of Brazil. According to the Ministry of Labour, the above Bill is praiseworthy because it gives effect to the right to life, the right of workers to the reduction of work-related risks and places safety and health above economic interests. The Government states that Act No. 9.055 of 1 June 1995 prohibits the extraction, production, industrialization, utilization and commercialization of minerals of the amphibole group, but that the use of chrysotile asbestos is still permitted, and that there is no justification for the continued authorization of chrysotile asbestos in view of the finding that all forms of asbestos, including chrysotile asbestos, are carcinogenic. The Committee, while noting the Government’s declared intention to achieve the replacement and total prohibition of asbestos, requests it to provide with its next report due in 2010 and its replies to the questions raised by the Committee in 2005, detailed information on:

(a)   the manner in which it undertakes the obligation established by Article 3(3) of the Convention (periodical review of laws and regulations in the light of technical progress and advances in scientific knowledge);

(b)   the manner in which it is ensuring in law and in practice the replacement of asbestos or the use of alternative technologies (Article 10(a) of the Convention);

(c)   the progress in achieving the total prohibition of the use of asbestos, to which the Government refers, in accordance with Article 10(b) of the Convention; and

(d)   the manner in which it secures an adequate and appropriate system of inspection, as envisaged in Article 5 of the Convention.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the Government’s latest report including the information submitted in response to its previous comments. The Committee notes with interest the information with regard to Article 10; Article 15; paragraph 3; Article 21, paragraph 2; and Article 22, paragraph 1, of the Convention. The Committee draws the Government’s attention to the following points requiring additional information:

2. Article 2 of the Convention. Definition of specific terms. The Committee notes that the definition of the terms "asbestos dust", "airborne asbestos dust", "respirable asbestos fibres", "workers" and "workers’ representatives" is contained in a Collective Agreement for Workers in the Fibre Industry concluded on 1 January 2003 and which had been extended until 31 March 2005 when the parties were due to conclude a new agreement. The Committee requests the Government to indicate whether the collective agreement referred to has been extended or replaced. As there are no corresponding definitions in the national legislation, the Government is also requested to take the necessary measures to define these terms at the national level in accordance with this Article of the Convention.

3. Article 15, paragraphs 1 and 2. Measures to fix exposure limits of asbestos and to periodically review and update them. The Committee notes the Government’s reference to the tripartite discussions on current exposure limits and their possible adjustment to reflect stricter permissible limits in accordance with scientific progress in this area. The Committee hopes that, in the context of this discussion and a future adjustment of current exposure limits, account will be taken of the conclusions of the Meeting of Experts convened by the World Health Organization in April 1989, recommending an exposure limit of 1.0 f/cc or below for chrysotile asbestos. The Committee also hopes that a possible agreement regarding exposure limits resulting from these discussions will be reflected not only in relevant collective agreements but also in relevant legislation including in Act No. 9.055 concerning Asbestos, 1995. The Committee requests the Government to keep it informed of any developments in this respect.

4. Article 17, paragraph 1. Measures to ensure that demolition of plants or structures containing friable asbestos insulation materials are undertaken by employers or contractors who are recognized by the competent authority. The Committee notes the Government’s reference to the risks management programmes which are being developed in certain economic sectors, as well as the national collective agreement in preparation as the means through which compliance with the requirements in Article 17, paragraph 1, is ensured. The Committee notes, however, that this Article mandates that the types of work referred to therein only can be undertaken by employers or contractors who are recognized by the competent authority as qualified to carry out such work. Against this background, the Committee requests the Government to indicate measures taken or envisaged to ensure that asbestos removal or demolition work is only undertaken by employers or contractors determined to be qualified for such work by the competent authority.

5. Article 21, paragraph 4. Efforts to provide workers with means to maintain their income. The Committee notes the Government’s renewed reference to section 28 of the Collective Agreement for Workers in the Fibre Industry which provides for alternative employment or other means of maintaining the income of workers whose continued assignment to work involving exposure to asbestos is medically inadvisable. The Committee requests the Government to take the necessary measures to ensure that alternative employment or other means of maintaining the income of the workers concerned is provided to all the workers and not only those who may be covered by the provisions in collective agreements such as the Collective Agreement for Workers in the Fibre Industry of 2003.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee takes note of the Government’s last report and the information communicated in response to its previous comments. It notes the adoption of Act No. 9.055, of 1 June 1995, concerning asbestos.

The Committee notes with interest the information contained in the Government’s report with regard to Article 3, paragraph 2; Article 4; Article 11, paragraph 2; Article 15, paragraph 4; Article 18, paragraph 2; and Article 22, paragraph 2, of the Convention. The Committee draws the Government’s attention to the following points requiring additional information.

1. Article 2 of the Convention. The Committee notes that the definition of the terms "asbestos dust", "airborne asbestos dust", "respirable asbestos fibres", "workers" and "workers’ representatives" is contained in the Collective Agreement for Workers in the Fibre Industry which has been concluded on 1 September 1998 with a validity of two years, with the possibility of extension. The Committee requests the Government to indicate whether the above Collective Agreement has been extended and thus remains in force. In addition, the Committee, while stating that the above terms do not have an analogue in the national legislation, requests the Government to take the necessary measures to define these terms at national level in order to clarify the meaning of the legislation concerning asbestos.

2. Article 10(a). Further to its previous comments where the Committee had noted that section 4 of NR-15, Appendix 12, on unhealthy activities and operations, prohibits the use of asbestos from the amphibole group, it notes the Government’s indication that until today no studies have been carried out on the replacement of asbestos by other materials or products scientifically evaluated as harmless or less harmful. The Committee accordingly requests the Government to indicate the substances which are used in the work processes instead of the prohibited asbestos from the amphibole group. It also encourages the Government to take the necessary measures, through scientific studies or otherwise, to explore ways and means of substituting asbestos by materials or products or alternative technology which do indeed make the use of asbestos in all its forms redundant.

3. Article 15, paragraphs 1 and 2. The Committee notes the Government’s indication that until the present time no measures have been adopted to lower the current exposure limits of 2.0 f/cc and 1.0 f/cc for chrysotile asbestos which are established under section 12 of NR-15, Appendix 12, and section 23 of the Collective Agreement for Workers in the Fibre Industry, of 1998, respectively. The Committee, while noting that section 7, subsection 2, of Act No. 9.055 concerning Asbestos, 1995, provides for the annual review of the established exposure limits, draws the Government’s attention to the conclusions of an expert meeting convened by the World Health Organization in April 1989, recommending an exposure limit of 1.0 f/cc or below for chrysotile asbestos, which is hence below the limit set forth in section 12 of NR-15, Appendix 12. It therefore invites the Government to align, in the framework of the annual review, the exposure limit for chrysotile asbestos established under section 12 of NR-15, Appendix 12, with the exposure limit set forth in section 23 of the above Collective Agreement, which seems to be in line with the limit recommended by the expert meeting of the World Health Organization in April 1989.

4. Article 15, paragraph 3. With regard to the measures to be adopted by the employer in application of section 10 of the Collective Agreement for Workers in the Fibre Industry to keep the exposure of workers to asbestos in the workplace to the lowest practicable level, the Government specifies that investment in enclosures for machines, removal of all residual dust, and humidification of workplaces represent the measures to be taken to this effect. In view of the fact that the above Collective Agreement has been concluded in 1998 for a duration of two years with the possibility of extension, the Committee requests the Government to indicate whether the Collective Agreement is still effective and, if that is not the case, to indicate the legal basis obliging the employer to take appropriate measures to prevent or control the release of asbestos dust into the air to ensure that the exposure of workers to asbestos in the workplace remains at the lowest practicable level.

5. Article 17, paragraph 1. The Committee requests again the Government to indicate the measures taken to ensure that asbestos removal or demolition work is only undertaken by those employers or contractors who are recognized by the competent authority as qualified and who have been empowered to carry out demolition work involving asbestos.

6. Article 21, paragraph 2. The Committee notes again that, by virtue of NR-7, medical examinations are to be provided free of cost to workers. Section 26 of the Collective Agreement for Workers in the Fibre Industry stipulates that medical examinations shall be provided without any loss of earnings for the worker and shall be held during working hours. The Committee requests the Government to indicate the measures taken to ensure that the monitoring of those workers exposed to asbestos, who are not covered by the provisions of the above Collective Agreement, takes place, as far as possible, during working hours.

7. Article 21, paragraph 4. The Committee notes again that section 28 of the Collective Agreement for Workers in the Fibre Industry provides for alternative employment or other means of maintaining the income of workers whose continued assignment to work involving exposure to asbestos is medically inadvisable. The Committee requests the Government to take the necessary measures to ensure that alternative employment or other means of maintaining the income of the workers concerned is provided as well to the workers who are not covered by the provisions of the above Collective Agreement.

8. Article 22, paragraph 1. As to the arrangements designed to promote the dissemination of information to and education of all concerned with regard to the health hazards arising from exposure to asbestos and to methods of prevention and control, the Government indicates that the objective of the Jorge Duprat Figueiredo Foundation of Occupational Safety and Medicine (FUNDACENTRO), which is associated with the Ministry of Labour and Employment, is to undertake research and analysis of workers and their working environment and to conduct activities in the area of safety and health at work, including specific activities on the safe use of asbestos. The Committee requests the Government to explain in more detail the content of these activities, i.e. to indicate whether they are an instrument of workers’ information and education.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes with interest the information provided in the Government's first and second reports, as well as the collective agreement for workers in the fibrecement industry which appears to be dated 10.04.92. The Government is requested to indicate when this collective agreement came into force as well as the number of workers affected by it. The Government is also requested to provide clarification on the following points:

Article 2 of the Convention. The Committee notes that the collective agreement for the fibrecement industry defines the terms set out in this Article along the lines of the Convention. NR-15, Appendix 12, concerning asbestos, however, only defines asbestos and exposure to asbestos. The Government is requested to indicate the measures taken or envisaged to define at the national level asbestos dust, airborne asbestos dust, respirable asbestos fibres, workers and workers' representatives in order to clarify the meaning of the legislation.

Article 3, paragraph 2. The Committee notes the indication in the Government's report that section 13.2 of NR-15, Appendix 12, provides that methods of evaluation are to be defined by ABNT/INMETRO. Furthermore, it notes that the collective agreement in the fibrecement industry provides for review and revision of its terms in the light of conclusions and recommendations made at the national or international level. The Ministry of Labour pamphlet on asbestos in the fibrecement industry refers to the Inter-institutional Group on Asbestos which appears to review the national situation with respect to asbestos. The Government is requested to indicate whether the Inter-institutional Group on Asbestos currently exists and whether it has the authority to suggest amendments to the legislation in the light of technical progress and advances in scientific knowledge.

Article 4. The Committee notes that the Ministry of Labour pamphlet on asbestos in the fibrecement industry recalls the tripartite efforts made over three years to come to an agreement on the working conditions in the industry. The Government is requested to indicate the manner in which the most representative organizations of employers and workers concerned were consulted with respect to Portaria No. 1 of 28 May 1991 which brings into force NR-15, Appendix No. 12, on asbestos, as well as on any other measures taken to give effect to the provisions of the Convention.

Article 10(a). The Committee notes that section 4 of NR-15, Appendix 12, prohibits the use of all forms of asbestos from the amphibole group. The Government is requested to indicate any measures taken or envisaged to provide also for the replacement of asbestos, where necessary to protect the health of workers and where technically practicable, by other products scientifically evaluated as harmless or less harmful whenever this is possible.

Article 11, paragraph 2. The Committee notes that section 4 of NR-15, Appendix 12, prohibits the use of all forms of asbestos from the amphibole group which includes crocidolite. Section 4.1 of NR-15 provides for derogations of the above prohibition after consultation with the most representative organizations of employers and workers concerned and provided that equivalent protection of the workers' health can be guaranteed. The Government is requested to indicate whether any derogations have been granted in this regard.

Article 15, paragraphs 1 and 2. The Committee notes that section 12 of NR-15, Appendix 12, sets the limit for asbestos chrysotile at 2.0f/cm3. It further notes that section 23 of the collective agreement for the fibrecement industry sets a lower limit for chrysotile of 1.0f/cm3 which is consistent with the overall tendency of national legislations around the world. The Government is requested to keep the Office informed of any steps taken to lower the national limit to 1.0f/cm3 in the light of technological progress and advances in technological and scientific knowledge.

Article 15, paragraph 3. The Committee notes that section 10 of the collective agreement for the fibrecement industry provides that the employer shall take all measures to keep exposure to asbestos in the workplace to the lowest practicable level. The Government is requested to indicate the measures taken to ensure that, at all workplaces where workers are exposed to asbestos, employers take appropriate measures to prevent or control the release of asbestos dust into the air and to reduce exposure to as low a level as is reasonably practicable.

Article 15, paragraph 4. The Committee notes that, under section 8 of NR-15, Appendix 12, the employer must elaborate a plan for the removal of asbestos or demolition work which provides for the necessary protective equipment to be made available to workers and that section 14 calls for the provision of special clothing free of cost to the worker. Furthermore, section 15 of the collective agreement for the fibrecement industry provides that respiratory protective equipment must be provided as determined by the competent authority and used only as a supplementary, temporary, emergency or exceptional measure. Section 166 of the Labour Code provides generally that the employer shall furnish the necessary protective equipment free of charge. The Government is requested to indicate the measures taken to ensure that, in all workplaces where the exposure to asbestos is not brought within the limits set, adequate respiratory equipment is provided at no cost to the workers, and shall be used only as a supplementary, temporary, emergency, or exceptional measure.

Article 17, paragraph 1. The Committee notes that section 8 of NR-15, Appendix 12, provides that employers doing asbestos removal or demolition work must submit a plan of the measures to be taken. The Government is requested to indicate the measures taken to ensure that such work is only undertaken by employers or contractors who are recognized by the competent authority as qualified and who have been empowered to carry out demolition work involving asbestos.

Article 18, paragraph 2. The Committee notes that section 14.1 of NR-15, Appendix 12, provides that the employer is responsible for the cleaning of workclothes. The Government is requested to indicate the measures taken to ensure that the handling and cleaning of workclothes is carried out under controlled conditions to prevent the release of asbestos dust.

Article 21, paragraph 2. The Committee notes that, by virtue of NR-7, medical examinations are to be provided free of cost to workers and that section 27 of the collective agreement for the fibrecement industry provides that medical examinations shall be provided without any loss of earnings for the worker and shall be held during working hours. The Government is requested to indicate the measures taken to ensure that the monitoring of all workers exposed to asbestos occurs, as far as possible, during working hours.

Article 21, paragraph 4. The Committee notes that section 28 of the collective agreement for the fibrecement industry provides for alternative employment or other means of maintaining the income of workers whose continued assignment to work involving exposure to asbestos is medically inadvisable. The Government is requested to indicate the efforts made to ensure alternative employment or other means of income maintenance to all workers exposed to asbestos (and not just those in the fibrecement industry) for whom continued exposure is medically inadvisable.

Article 22, paragraph 1. The Committee notes the pamphlet from the Ministry of Labour which demonstrates that some efforts are being made to educate and disseminate information to workers and employers in the fibrecement industry. The Government is requested to indicate the further arrangements made, in consultation and collaboration with the most representative organizations of workers and employers concerned, to promote globally the dissemination of information and the education of all concerned with regard to health hazards due to exposure to asbestos and methods of prevention and control.

Article 22, paragraph 2. The Committee notes that section 50 of the collective agreement for the fibrecement industry provides that the employer shall establish a programme for the education and training of workers with respect to asbestos hazards, their prevention and control. The Government is requested to indicate the measures taken to ensure that all employers in work involving exposure to asbestos have established written policies and procedures on measures for workers' education and periodic training.