Observation (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 139) sur le cancer professionnel, 1974 - Brésil (Ratification: 1990)

Article 1 of the Convention. Carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization. Periodic updating. Further to its previous comments, the Committee notes the Government’s indication that the list of carcinogenic substances and agents to which occupational exposure shall be prohibited is not periodically updated. The Committee reminds the Government that according to Article 1(1) of the Convention, the Government is required to determine periodically the carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization or control, and those to which other provisions of this Convention shall apply. This Article provides expressly for periodic updating because new substances and agents that may be carcinogenic are constantly coming on to the market. The Committee requests the Government to take the necessary steps to give effect to this Article of the Convention and to provide information in this regard.

Mechanism to reduce under-notification and broaden the scope of application. In its previous comments, the Committee noted that Decree No. 6042/07 establishes a list of etiological agents or occupational risk factors in which a series of substances is recognized as carcinogenic. The Decree also creates a new mechanism for establishing a causal link between the ailment and the work performed, regardless of whether or not the enterprise has notified the incident. The Committee notes with interest the Government’s statement that the set of instruments to apply the Decree, including INSS/PRES Directive No. 31 of 10 September 2008, has enabled under-notification to be reduced and that in 2007, 514,135 occupational accidents and diseases were notified through the Communication of Occupational Accidents (CAT) system and 138,955 through the new system, in other words there has been a 21.28 per cent increase in cases recognized. The Government also states that prior to the Decree, a CAT was necessary in order for a preliminary medical examination to qualify incapacity for work as due to occupational accident or disease, whereas since the Decree has been in force, the benefit can be awarded without a CAT. The Committee requests the Government to provide information on accidents and diseases relating to this Convention that were notified through the CAT and on cases that were not so notified.

Articles 4 and 5. Information on carcinogenic substances and agents and measures to be taken, medical examinations and monitoring of workers’ state of health. In its previous comments, the Committee referred to a communication from the Workers’ Union of the Road Transport of Liquids and Gases, Oil Derivatives and Chemical Products of Río Grande Do Sul (SINDILIQUIDA/RS) concerning workers in the Río Grande Do Sul petroleum sector and particularly driver–operators. The organization stated that in practice, these provisions of the Convention are not applied; that no information is provided on the hazards of carcinogenic products such as benzene; and that in innumerable cases no suitable medical examination is carried out to assess exposure or state of health as they relate to occupational hazards, and cited as an example two specific cases from a report by the Río Grande Do Sul labour delegation, which involve Petrobrás, Shell and other enterprises in the sector. The Committee notes that according to the Government, in 2009 in Río Grande Do Sul alone 5,280 establishments were inspected in connection with NR-01 (general provisions); 8,009 establishments with NR-07, establishing the Occupational Health Medical Programme (PCMSO); and 2,224 establishments in connection with NR-09 on the Environmental Hazards Programme (PPRA). Noting that the information gives no detail of the results of the inspections pertaining to the application of these Articles of the Convention, the Committee requests the Government to provide information on the results of the inspection visits, together with all other available information, including number of workplaces where incidents, number of citations issued, follow-up action pertaining solely to the application of these Articles of the Convention, including inspections conducted in the petroleum sector and pertaining in particular to the drivers referred to in the communication.

Part IV of the report form. Application in practice. Article 6(c). Labour inspection service. The Committee notes the information supplied by the Government to the effect that the labour inspectorate has 2,882 inspectors, 900 of whom deal primarily with occupational safety and health. The Committee notes in particular the information supplied by the Government regarding Civil Proceedings No. 00075-2003-024-04-00-0 of the 24th Labour District of Porto Alegre, to the effect that in the hearing of 22 August 2008, SINDILIQUIDA/RS is recorded as acknowledging that the enterprise Petrobrás Distribuidora is complying with the law and as quoting from the record of the hearing referring to the recommendation regarding use of respirators for benzene loading operations and as indicating that the drivers of service providers have stopped performing tasks that exceed their occupational activity of driving lorries, a contract with the enterprise Servale having been concluded for this purpose. The Committee requests the Government to indicate the manner in which the Convention is applied to the workers of the abovementioned enterprise who carry on activities that fall within the scope of application of the Convention, including the use of respirators.

As regards the other issues in dispute, the parties undertook to continue negotiating. The Government also indicates that the court is monitoring issues pending and that in 2010 it confirmed that it had received no further information regarding the meeting scheduled for 16 December 2009, and that this shows that the State is monitoring application of the relevant rules. It also indicates that as a result of inspection visits to Shell Brazil, in the municipality of Esteio in Río Grande Do Sul, six contraventions were reported, all of which concerned the prevention of environmental hazards, since it was found that risk prevention by the enterprise was inadequate. The Committee requests the Government to continue to supply information on the application of the Convention in practice, including in the petrochemical sector.

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