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

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

The Committee notes the information provided in the Government's latest report and requests the Government to provide further information on the following points:

Article 1, paragraph 1 and Article 8, paragraphs 1 and 3 of the Convention. In its previous comments, the Committee noted the Government's indication in its report for 1990 that the Urban Regulation Standard No. 15 (NR-15), made applicable to rural workers by NRR-1, did not cover all the hazards inherent in rural activities, particularly those resulting from the use of chemical substances. The Committee notes with interest the publication of the Rural Regulations Standards Nos. 1 to 5 in a document issued by the Ministry of Labour in 1993, in particular, Standard No. 5 (NRR-5) which sets forth general provisions concerning the use of chemical products in rural work. It further notes the Government's indication in its latest report that a working group will soon be established to revise the Rural Regulation Standards as regards the application of exposure limits to harmful chemical substances and with respect to new environmental agents posing occupational hazards due to air pollution, noise and vibration. The Government is requested to indicate, in its next report, the progress made in this regard.

Article 11, paragraph 3. In its previous comments, the Committee noted the information supplied by the Government in its report for 1990 on the various rehabilitation measures for the victims of industrial accidents. In its latest report, the Government refers to section 216 of Decree No. 611/92 which provides that, following rehabilitation, the Social Security Institute (INSS) will issue a certificate indicating the functions which the rehabilitated person is occupationally fit to carry out. The Government indicates that this section must be applied in cases of transfer of a worker from one post to another when advisable for medical reasons or in the event of an accident. The Committee would recall that this provision of the Convention concerns not only rehabilitated persons, but also workers for whom it is found that continued assignment to work involving exposure to air pollution, noise or vibration is medically inadvisable. The Government is requested to indicate the measures taken to ensure that every effort is made to provide such workers with suitable alternative employment or to maintain their income through social security measures or otherwise.

Article 12. In its previous comments, the Committee noted the Government's indication that prior notification must be made for work involving the use of ionizing radiation and ethylene oxide. The Committee pointed out that this Article of the Convention provided for the notification of the use of processes, substances, machinery and equipment which involved the exposure of workers to occupational hazards in the working environment due to air pollution, noise or vibration. The Government had indicated in its report for 1991 that the question of notification would be examined during the revision of the occupational health and safety legislation. In its latest report, the Government has indicated that the previously existing obligations to notify the use of certain substances were repealed by virtue of Act No. 7855 of 24 October 1989. The Committee must, therefore, reiterate that this provision of the Convention provides that the competent authority shall specify certain processes, substances, machinery and equipment the use of which shall be notified so that the competent authority may authorize the use on prescribed conditions or prohibit it. Control over the use of certain processes, substances, etc., necessary for the adequate protection of workers against the hazards due to air pollution, noise or vibration would be difficult to ensure without a corresponding obligation upon the employer to notify such use. The Government is, therefore, requested to indicate the measures taken to ensure that the use of processes, substances, machinery and equipment, to be specified by the competent authority, must be notified.

Point IV of the report form. In its previous comments, the Committee noted the Government's statement that the statistics available were not sufficient to give a picture of the practical application of the Convention. In its latest report, the Government indicates that the federal labour inspection system is being set up at the level of regional labour delegations in all states and that, in the future, they will submit reports of the inspection services and on the practical measures relating to the application of the Convention. The Government is again requested to supply information concerning the practical application of the Convention, including relevant extracts from inspection reports and any statistics available with respect to the number of infractions of the relevant legislation and any sanctions imposed.