Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) - Brazil (Ratification: 1982)

1. The Committee notes the information supplied in the Government's reports. It requests the Government to provide further clarifications in its next report on the following points:

Article 1, paragraph 1 of the Convention. The Committee notes with interest the adoption of Order No. 3067 of 12 April 1988 which approves regulations concerning occupational safety for rural workers. It further notes that this Order prescribes the type of protective equipment which shall be provided to rural workers, as well as preventive measures to be taken concerning the hazards created by chemical substances in the workplace. The Order No. 3067 does not, however, fix exposure limits to air pollution, noise and vibration as required by Article 8. The Committee had noted in its previous direct request that section 4 of Decree No. 73626 of 12 February 1974 provided only for the application of specific sections of the Consolidation of Labour Laws to rural workers and that the provisions on safety and health were not contained in these sections. The Committee observes that the regulations adopted pursuant to the Consolidation of Labour Laws which establish exposure limits and other measures necessary to the application of the Convention are not specifically applicable to rural workers. It understands, however, that article 7 of the Brazilian Constitution provides that rural workers shall have the same rights as urban workers. The Government is requested to indicate the provision which specifically applies the above-mentioned regulations to rural workers or, if no such provision exists, the specific measures taken to ensure that exposure limits concerning air pollution, noise and vibration are specified for rural work.

Article 8, paragraph 3. The Committee notes the Government's statement in its report that any increase in occupational hazards resulting from simultaneous exposure to several harmful factors at the workplace will be taken into account on the occasion of any revision of the standards set out in Regulation NR 15. It requests the Government to indicate whether this revision has occurred and, if so, how consideration for hazards resulting from simultaneous exposure has affected the revision of exposure limits.

Article 11, paragraph 3. The Committee notes the information provided by the Government in its latest report concerning the provision of financial assistance from the social welfare system for workers during rehabilitation. The Committee would recall, however, that this provision of the Convention also refers to efforts to be made to provide the worker, whose continued assignment to work involving exposure to air pollution, noise and vibration is medically inadvisable, with suitable alternative employment. In its report dated 21 December 1988, referring to Regulations NR 7, 9, 16 and 28, the Government has stated that workers who are medically unfit for such work have a right to be moved out of the sector in question. The Committee notes that section 7.3.4.2 of NR 7 provides that, upon medical examination, a worker who is found to have been exposed to excessive levels of chemical agents shall immediately stop work involving such exposure. It notes, however, that these Regulations do not provide for alternative work situations to be made available under such circumstances. It requests the Government, therefore, to indicate the measures taken to promote alternative work situations when continued assignment involving exposure to air pollution, noise or vibration is inadvisable.

Article 12. The Committee notes the information supplied in the Government's report concerning the inspection of equipment generally. It would recall, however, that this Article refers to the notification of processes, substances, machinery and equipment which shall be specified by the competent authority. It, therefore, requests the Government to indicate which processes, substances, machinery and equipment must be notified to the regional authorities on occupational safety and medicine before they may be used in an undertaking.

2. As the Government has not yet supplied detailed information on the practical application of the Convention, the Committee once again requests the Government to supply with its next report extracts from inspection service reports and any available statistics, in conformity with point IV of the report form.