Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

In order to provide a comprehensive view of the issues relating to the application of ratified occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine Conventions Nos 136 (benzene), 139 (occupational cancer), 161 (occupational health services), 167 (OSH in construction), and 176 (OSH in mines) together.

The Committee notes the adoption of Act No. 13.467 of 2017 amending the Consolidation of Labour Laws (CLT). The Committee also notes that the Government indicates in detail the outcome of labour inspection activities, including the results of the action taken to correct the irregularities observed, in response to the Committee’s previous comments on Conventions Nos 136, 139, 167 and 176. With regard to the organization and provision of appropriate and adequate inspection services, the Committee refers to its detailed comment under the Labour Inspection Convention, 1947 (No. 81).

A. General provisions

Occupational Health Services Convention, 1985 (No. 161)

The Committee notes the observations of the International Organisation of Employers (IOE) and the National Confederation of Industry (CNI), those of the IOE received on 31 August 2017, and those of the CNI received on 29 August 2017, which emphasize that Act No. 13.467 of 2017 amending the CLT maintains the requirement for employers to take OSH measures.

Article 2 of the Convention. National policy. In its previous comment, the Committee requested the Government to provide information on aspects of the national OSH policy regarding occupational health services and the periodic consultation with employers’ and workers’ representatives on the subject. The Committee notes the Government’s indication in its report that, in the context of the adoption of the National OSH Policy (PNSST – Decree No. 7602 of 2011), the National OSH Plan (PLANSAT) was created, which is managed by the Tripartite OSH Committee (CTSST) (Inter-ministerial Decree No. 152 of 2008). The CTSST oversees the implementation of, and proposes the regular revision of, the PNSST and the PLANSAT. Furthermore, as part of the PLANSAT strategy for the coordination of government action on promotion, protection, prevention, assistance, rehabilitation and compensation with regard to occupational health, Action 3.1.8 on the inspection, supervision and promotion of OSH services in public and private institutions and enterprises was established. The Committee requests the Government to continue providing information on the implementation of a coherent national policy on occupational health services, including with regard to the implementation of Action No. 3.1.8 of the PLANSAT on occupational health services.

Article 3(1) and (2). Progressive development of occupational health services. In its previous comment, the Committee requested the Government to provide additional statistical information on the specialized occupational safety and medicine services, and on the consultations for the progressive development of such services. The Committee notes the Government’s indication that Regulatory Standard No. 4 (on specialized occupational safety and medicine services) establishes the parameters for the size of such services, and particularly the risk assessment of the main activity involved and the number of workers covered. The Government adds that, although the services cover only 1.5 per cent of private enterprises, other workers from the private sector can benefit from the same occupational health services by different means, such as the contracting of specialized enterprises or self-employed professionals. The Government also indicates that it is continuing to work on improving the information system for the compilation of data on this subject.

Articles 5 and 8. Adequate functions of occupational health services and participation of workers in OSH matters. Public sector of the Federal District. In its previous comment, the Committee noted the measures adopted to protect the OSH of teachers in the public sector, and requested the Government to continue providing information on the implementation of the health plan for the public sector in the Federal District. The Committee notes with interest the adoption of the integrated policy on the health of public servants (Decree No. 33.653 of 2012), the OSH manual for public servants in the Federal District (Decree No. 55 of 2012), which requires the State Secretariats of Public Administration Health and Education to establish multidisciplinary OSH teams, with the aim of promoting health and protecting the safety of public servants in the workplace, as well as the strengthening of the Health Care Institute for public servants in the Federal District.

B. Protection against specific risks

1. Benzene (Convention No. 136)

The Committee notes the information provided by the Government in reply to its previous comment on Articles 4 (prohibition of the use of benzene) and 8 (personal protective equipment), and on the application in practice of the Convention (court cases).

Article 2 of the Convention. Harmless or less harmful substitute products. The Committee notes that Annex 13-A (Benzene) of Regulatory Standard No. 15 (Unhealthy activities and operations), was amended by Decrees Nos 203 and 291 of 2011. Following these amendments, Regulatory Standard No. 15 establishes the mandatory registration with the OSH Department of the Ministry of Labour and Employment of all enterprises that use, produce, transport, store or handle benzene and liquid mixtures containing 1 per cent by volume or more of benzene. These enterprises must demonstrate that it is not technically or financially viable to use a benzene substitute in the Programmes for the Prevention of Occupational Exposure to benzene (PPEOBs). With regard to its previous comment on the application in practice of PPEOBs in the petrochemical sector, the Government indicates that Annex 13-A of Regulatory Standard No. 15 does not apply to the sector. However, Programmes for the Medical Supervision of Occupational Health (PCMSOs) and Programmes for the Prevention of Environmental Risks (PPRAs) provided for in Regulatory Standards Nos 7 and 9, respectively, guarantee the implementation of OSH measures in the sector.

Article 6(2). Concentration of benzene in the air of places of employment. In its previous comment, the Committee noted that dialogue was continuing in the National Standing Committee on Benzene (CNPB) to reduce the maximum value for the concentration of benzene in the air of places of employment. The Committee notes the Government’s indication that technical reference values of 2.5 and 1.0 ppm (for enterprises in the steel industry and other enterprises, respectively) are parameters for environmental control and not for occupational exposure. The Committee observes that section 6.2 of Annex 13-A of Regulatory Standard No. 15 provides that technical reference values shall refer to the time-weighted average concentration of benzene in the air, for an eight-hour working day. However, the Government indicates that it still intends to progressively reduce exposure levels through dialogue in the CNPB. The Committee requests the Government to continue its efforts to reduce exposure values to benzene and to continue providing information on the establishment, by the competent authority, of the maximum level of concentration of benzene in the air of places of employment.

Article 7. Enclosed systems. Removal of benzene vapour. With reference to its previous comment on the effect given to this Article of the Convention, the Committee notes the Government’s indication that, in accordance with section 6.1 of Regulatory Standard No. 15, every effort must be made to avoid the exposure of workers to benzene. Under section 5.5.2 of Regulatory Standard No. 9 (on the PPRAs), the examination, development and implementation of collective protection measures shall be in line with the following order of priorities: (a) to eliminate or reduce the use of hazardous substances; (b) to prevent the release or spread of such substances in the air of workplaces; and (c) to reduce the levels of concentration of such substances in the air of workplaces. The Government also indicates that all enterprises that use or produce benzene use enclosed systems, with the exception of analysis work carried out in laboratories and service stations that supply liquid fuel containing benzene. In this regard, the Committee refers to its comments on the application of Article 14 of the Convention.

Article 14(a). Legislative measures or other measures necessary to give effect to the provisions of the Convention. Petrochemical sector. With reference to its previous comment on the effect given to the provisions of the Convention with respect to workers who carry out work tasks involving the loading and unloading of fuel in the petrochemical sector, the Committee notes the Government’s indication that Regulatory Standard No. 20 on health and safety in relation to inflammable products and fuels regulates these activities. Furthermore, the Standing Joint Tripartite Committee (CTPP) is currently negotiating the adoption of an annex to Regulatory Standard No. 9 to establish minimum OSH requirements, including for the introduction of collective measures for the control of vapour at service stations that supply fuel. The Committee requests the Government to continue providing information on the measures adopted or envisaged, through legislation or any another method, in accordance with national practice and conditions, to give effect to the provisions of the Convention.

2. Occupational cancer (Convention No. 139)

The Committee notes the information provided by the Government in reply to its previous comment on Articles 1 (periodic determination of carcinogenic substances and agents), 2 (replacement of carcinogenic substances and agents), 3 (protection against the risks of exposure and system of records), 5 (evaluation of exposure or state of health in relation to occupational hazards), 6(c) (labour inspection in the petrochemical sector) of the Convention, and on the application of the Convention in practice.

Article 3 of the Convention. Protection against risks of exposure and system of records. In its previous comment, the Committee requested the Government to provide information on the maintenance and content of medical records on carcinogenic substances and agents other than benzene. The Committee notes that, in accordance with Regulatory Standards Nos 7 (on the PCMSO) and 9 (on the PPRAs), all employers are required to keep records of administrative and technical data on the implementation of the PPRAs and individual medical records of workers, for a period of 20 years after workers have left their employment (section 4.5.1 of Regulatory Standard No. 7).

Article 5. Evaluation of exposure or state of health in relation to the occupational hazards. In its previous comment, the Committee requested the Government to adopt the necessary measures to ensure that all workers exposed to carcinogenic substances or agents are provided with the medical or biological examinations, during or after their employment, as are necessary to evaluate their exposure and state of health in relation to occupational hazards. The Committee notes that, in accordance with sections 4.1 to 4.4 of Regulatory Standard No. 7, the PCMSOs provides for the mandatory medical examination of workers, including after employment.

C. Protection in certain branches of activity

1. Safety and health in construction (Convention No. 167)

Article 3 of the Convention. Consultation with the most representative organizations of employers and workers. Informal work. The Committee notes the statistics provided by the Government in response to its previous comment on informal work in the construction sector, and the consultations held in the Standing Regional Committees, the Standing National Committee, the CTPP and the Tripartite OSH Committee. Many consultations resulted in the National Commitment to Improve Working Conditions in the Construction Industry, the implementation of which is scheduled until 31 December 2018 and is accompanied by a standing tripartite roundtable, which is also responsible for the evaluation of the Commitment. The Commitment establishes, inter alia, guidelines for contractual formalization, recruitment and selection, as well as vocational training and qualifications.

Article 35. Appropriate inspection system. Application in practice. With regard to the inspection system, the Committee notes the Government’s indication that it gives priority to the construction sector, in which around 8 per cent of all occupational accidents occur, based on the latest statistics. The Government emphasizes the high risk of construction, in which accidents have a high rate of mortality and permanent disability in comparison with other activities. Consequently, in the construction sector, the labour inspectorate carries out 25 per cent of all activities to examine and investigate occupational accidents. The Committee requests the Government to continue its efforts to analyse the statistics on occupational accidents and diseases to establish the appropriate inspection programmes, and to continue providing statistics on occupational accidents and diseases that occur in the sector, including fatal accidents.

2. Safety and health in mines (Convention No. 176)

The Committee notes the information provided by the Government in response to its previous comment on Articles 3 (national policy), 5(1) (competent authority), 5(2)(c) and (d) (notification and investigation of accidents and dangerous occurrences, and disaster, compilation and publication of statistics on dangerous occurrences), 5(2)(e) (suspension and restriction of mining activities), 10(d) and (e) (investigation of and reports on dangerous occurrences), 9(d) (appropriate transportation and access to appropriate medical facilities in the event of injury or illness), 10(b) (adequate supervision and control on each shift), 11 (regular health surveillance of workers), 12 (two or more employers undertaking activities at the same mine), 13(1)(b) (right of workers to request and obtain inspections and investigations to be conducted by the employer and the competent authority), 13(1)(c) (right of workers to know and be informed of workplace hazards), 13(2)(f) (right of OSH representatives to receive notice of dangerous occurrences) of the Convention, and on the application of the Convention in practice.

Article 3 of the Convention. National policy. In its previous comment, the Committee requested the Government to provide information on the periodic review of the national policy on OSH in mines. The Committee notes the Government’s indication that the principle of the PNSST (Decree No. 7602 of 2011) is the universal promotion of OSH. The CTSST supervises the implementation of and proposes the periodic review of the PNSST and the PLANSAT. Furthermore, the Ministry of Labour and Employment coordinates the tripartite Standing National Committee for the Mining Sector (CPNM), which is of tripartite composition and has the specific objective of supporting the implementation of and proposing amendments to Regulatory Standard No. 22 of 2000.

Article 5(2)(e). Suspension and restriction of mining activities. In its previous comment, the Committee noted that, in accordance with Regulatory Standard No. 3, the competent authority could suspend or restrict activities on the grounds of safety and health. However, the Committee noted that the decision to suspend or restrict activities had to be based on a technical report prepared by labour inspectors and transmitted to the Regional Superintendent. In this regard, the Committee requested the Government to provide information on the possible obstruction of prompt action by procedural requirements in safety and health cases. The Committee notes with interest the court decision of January 2014, in accordance with which all labour inspectors have the authority to order immediately applicable measures in cases of serious and imminent risk. The Government indicates that the decision was the result of a public civil action (Case No. 0010450 12.2013.5.14.0008) initiated by the Labour Prosecution Office, which alleged the inconsistency of section 161 of the CLT with Article 13 of Convention No. 81. Moreover, Ministry of Labour and Employment Decree No. 1.719 of 2014 authorizes all labour inspectors to order immediate measures in cases of risk to the life, health or safety of workers. The Committee requests the Government to provide information on practical cases in which labour inspectors have requested immediate measures to be taken.

Article 10(c). Probable location and names of all persons who are underground. In its previous comment, the Committee requested the Government to provide information on the effect given to this provision of the Convention. The Committee notes that the Government has not provided information in this regard. The Committee once again requests the Government to provide information on the measures adopted or envisaged to ensure that employers establish a system which makes it possible to know, with precision and at any time, the names of all persons who are underground, and their probable location, in accordance with Article 10(c) of the Convention.

Article 13(1)(a). Right of workers to report accidents, dangerous occurrences and hazards to the employer and to the competent authority. In its previous comment, the Committee requested the Government to provide information on the effect given to this provision of the Convention. The Committee notes the Government’s indication that, in accordance with section 4.1 of Regulatory Standard No. 22, workers have a duty to inform their supervisors of situations that may present a risk to their health or the health of others, while the Convention provides that national laws and regulations shall confer or provide workers the right to report accidents, dangerous occurrences and hazards to the employer and to the competent authority. In this regard, in its General Survey of 2017, paragraph 282, the Committee emphasized that workers’ participation in matters relating to safety and health at the workplace is fundamental and integral to the achievement of a safe and secure working environment. In order to give effect to Convention No. 176, the participation of workers must be guaranteed as a right, and procedures should be established to facilitate the exercise of this right. The Committee requests the Government to provide information on the measures adopted or envisaged to establish procedures to facilitate the exercise of the right of workers to report accidents, dangerous occurrences and hazards to the employer and the competent authority, in accordance with Article 13(1)(a) of the Convention.

Article 13(2)(c). Right of workers’ representatives to have recourse to advisers and independent experts. In its previous comment, the Committee requested the Government to provide information on the effect given to this provision of the Convention. The Committee notes the Government’s indication that there are no provisions that give effect to this Article of the Convention, and that it would therefore be necessary to amend Regulatory Standard No. 22. The Committee requests the Government to take the necessary measures to ensure that OSH representatives have the right to have recourse to advisers and independent experts, in accordance with Article 13(2)(c) of the Convention.

Article 13(2)(f). Right of safety and health representatives to receive notice of dangerous occurrences. In its previous comment, the Committee requested the Government to provide information on the effect given to this provision of the Convention with regard to dangerous occurrences. The Committee notes the Government’s indication that, in accordance with sections 36.7 of Regulatory Standard No. 22 and 1.2.1.20.1 of the Mining Regulatory Standard, the Internal Commission for the Prevention of Accidents in Mining (CIPAMIN) must be informed of any significant changes in work processes and the working environment, including dangerous occurrences.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Articles 1 and 2. Periodic determination and replacement of carcinogenic substances and agents. In its previous comment, the Committee requested the Government to take the necessary measures to periodically determine carcinogenic substances and agents, and to provide information on the measures adopted or envisaged for the replacement of asbestos and other carcinogenic substances and agents. The Committee notes with interest the publication of the national list of substances that are carcinogenic for humans (LINACH – Inter-ministerial Decree No. 9 of 2014). The Government indicates that the LINACH is updated every six months. Furthermore, Annexes 12 and 13 of Regulatory Standard No. 15 (Unhealthy activities and operations), respectively, establish tolerance limits for mineral dust, including asbestos, and requirements for activities involving carcinogenic chemicals, including the prohibition of exposure or contact in certain cases. Regarding asbestos, the Committee notes with interest that on 29 November 2017 the Supreme Federal Court of Brazil (STF) found the Law No. 9.005 of 1995, which regulates the extraction, use, marketing and transport of asbestos and products containing asbestos, as well as of natural and artificial fibres of any origin, used for the same purpose, to be unconstitutional. The decision of the STF bans the production, commercialization and use of asbestos in the country.

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

The Committee refers the Government to its observation and requests it to send additional information on the following points.

Articles 4 and 7(1) of the Convention. Prohibition on the use of benzene in certain work processes specified by law and the requirement to carry out work processes involving the use of benzene in a closed system. Further to its previous comments, the Committee takes note of the information sent by the Government but observes that it does not allow a clear understanding of the extent to which these Articles of the Convention are applied. The Committee requests the Government to indicate the standards giving effect to these Articles of the Convention.

Article 6(2). Level of concentration of benzene in the air of places of employment. The Committee takes note of the continuation of the discussions in which, according to the report, a dialogue on the reduction of the reference value applying to metallurgy is ongoing in the National Standing Committee on Benzine (CNPBz) but notes that the matter is not a priority for the employers. Pointing out that the American Conference of Governmental Industrial Hygienists (ACGIH) recommends a value of 0.5 ppm as an upper limit for the concentration of benzene in the air of places of employment, the Committee requests the Government to indicate whether Brazil continues to apply a ceiling value of 1.0 ppm for the concentration of benzene in the air for the enterprises covered by this appendix and 2.5 ppm for enterprises in the steel industry, and to take measures as appropriate, and to provide information thereon.

Articles 7(2) and 8(1). The removal of benzene vapour and adequate means of personal protection against the risk of absorbing benzene through the skin. The Committee notes that the Government does not reply directly to its request but indicates that it encloses material from FUNDACENTRO (not received at the Office), and refers to the website of the CNPBz. Having viewed the report of September 2010, the Committee finds that the information posted on the website does not reply to the questions raised. It again asks the Government to indicate the legislation giving effect to these provisions of the Convention.

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

The Committee refers the Government to its observation and requests it to provide information on the following points.

Article 2(1) and (2) of the Convention. Replacement of carcinogenic substances and agents. The Committee notes that, according to the Government, no national policy has as yet been defined on the possible prohibition of asbestos, including chrysotile asbestos, because some public institutions, and workers’ and employers’ organizations are opposed to its prohibition. The Government also states that the Inter-Ministerial Committee on Asbestos has not yet published its report. According to the Government, there has been some advance thanks to restrictive legislation in states or municipalities, though progress is being achieved in a context of confrontation and judicial quarrels. The Committee requests the Government to continue to provide information on this matter, including relevant extracts from the report of the Inter-Ministerial Committee mentioned above, together with information on any replacement, made or envisaged, of carcinogenic substances and agents.

Article 3. Protection of workers and establishment of a system of records. Further to its previous comments the Committee notes that, according to the Government, benzene suppliers may sell the product only to enterprises duly registered pursuant to Appendix 13-A of Regulatory Standard No. NR-15, and that transport enterprises must likewise be registered. The Government also indicates that should a union learn of any enterprise that has failed to register, it is able to report the matter to the representative of the Ministry of Labour and Employment. As regards medical records, the Committee notes the information sent by the Government to the effect that in the case of benzene, Regulatory Standards Nos NR-7 and NR-9 provide for the keeping of medical records for 20 years. The Committee requests the Government to provide information on the keeping of medical records pertaining to the other carcinogenic substances and agents referred to by the Convention and on the content of such records.

Article 5. Biological and other tests to be provided for workers during and after employment. The Committee notes the detailed information sent by the Government on the application of this Article to workers who work with asbestos. However, the Committee points out that there appears to have been a misunderstanding, since the Committee referred to other categories of workers. What the Committee noted was that, according to the information sent by the Government in paragraph 5 of its 2008 report, examinations after termination of the employment relationship are at present required only in the case of workers exposed to asbestos, but Regulatory Standards Nos NR-7, NR-9 and NR-15 are to be updated once the review to update regulatory standards on ionizing radiations has been completed. The Committee again asks the Government to adopt measures to ensure that all workers covered by the Convention are provided with such medical examinations or biological or other tests or investigations during the period of employment and thereafter as are necessary to evaluate their exposure and supervise their state of health in relation to occupational hazards. The Government is asked to provide information in this regard.

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

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

Article 15 of the Convention. Informing occupational health services of occurrences of ill health among workers; relation between ill health and any health hazards which may be present at the workplace. The Committee notes the information provided by the Government replying to the questions posed by the Committee.

Article 2 of the Convention. Formulation, implementation and periodic review of a coherent national policy on occupational health services, in consultation with the most representative workers’ and employers’ organizations. In its previous comments the Committee examined a communication from the Union of Workers of the Chemical, Petrochemical and Allied Industries of Triunfo/RS (SINDIPOLO) and the Government’s reply. Recalling the provisions of Articles 1 and 5 of the Convention, the Committee asked the Government to take appropriate measures without delay to ensure better compliance with occupational safety and health standards to reduce the occupational accident rate in the petrochemical industry, and asked the Government to continue to provide information on any progress made in this regard. The Committee notes the Government’s indications concerning the action taken by the labour inspectorate in Río Grande Do Sul. The Committee points out that, in addition to the action of the labour inspectorate, the participation of the social partners in the periodic review of the health services policy, as provided for by this Article of the Convention, is essential for identifying the problems through dialogue and taking measures to solve them. The Committee requests the Government to provide information on the manner in which the national health and safety policy under discussion addresses the issue of the policy on occupational health services, including in the petrochemical industry and taking account of Article 5 of the Convention. The Committee also requests the Government to provide information on the consultations held with representatives of the employers and workers with a view to the periodic review of a coherent national policy on occupational health services, including representatives of the employers and workers in the petrochemical industry.

Part VI of the report form. Application of the Convention in practice and Article 3(1) and (2). Progressive establishment of occupational health services for all workers in all sectors and branches of economic activity. In its previous comments the Committee noted that on the basis of the general census of workers carried out in 2000, the total number of jobs in companies required to set up a specialist service for occupational safety and medicine (SESMT) amounted to 7,211,016 and that approximately 0.86 per cent of the total number of establishments were required to set up SESMTs while some 93.1 per cent of the total number of establishments were not required to do so. The Committee notes the Government’s indication that during inspections in enterprises compliance was also monitored with NR-4 concerning the SESMTs and that a substantial increase in the groups of workers covered by the SESMTs would entail amending NR-4, which in turn implies in-depth discussions with workers and employers. The Committee points out to the Government that dialogue with the representatives of the employers and workers to periodically review its national policy is precisely what is provided for in Article 2 of the Convention. The Committee notes that the information provided does not reply fully to its question and requests the Government to provide information on the proportion of workers covered by the SESMTs at the present time by comparison with the figures mentioned above, and on the dialogue maintained with the representatives of the employers and workers – for example, in the context of consultations relating to the national policy on occupational health services provided for in Article 2 of the Convention – in order to increase progressively the number of workers covered by occupational health services.

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

Rio Grande Do Sul Petrochemical Sector. Article 5 of the Convention. Effective protection of workers exposed to benzene. Article 6. Measures to prevent the escape of benzene vapour into the air of places of employment. Article 8. Adequate means of personal protection against the risk of absorbing benzene through the skin and of inhaling benzene vapour. Article 9. Periodical medical examinations and exceptions. Article 14(c). Labour inspection. In its previous comments, the Committee took note of a communication from the Union of Workers in the Road Transport of Liquids and Gases, Oil Derivatives and Chemical Products of the State of Rio Grande Do Sul (SINDILIQUIDA/RS) and of the Government’s report. It noted that the communication alleged breach of the abovementioned provisions in the petrochemical sector, particularly by Petrobras Distribuidora SA, Shell Brazil and Distribuidora de Produtos de Petróleo Ipiranga SA, with special reference to “driver-operators”. The trade union said that some products handled by workers in the sector contain more than 3 per cent of benzene and that the workers are exposed to serious risks, particularly “driver-operators” in view of the absence of prevention and protection measures. The driver-operators are not as a rule employees of the enterprises concerned since their legal status as employees varies and they perform the tasks of loading and unloading without protection and without any supervision by the appointed employees in the enterprises. The union also asserted that since 2003 these enterprises have not adopted the necessary technical measures to give effect to this Article of the Convention despite instructions from the labour inspectorate and convictions in the courts. Lastly, the organization asserts that the fact that inspection exists but produces no improvement amounts to a “legal fiction” and an instance of failure to apply Article 14(c) of the Convention.

Government’s report. Labour inspection. The Committee notes that, at the Government’s request, in September 2011 the Office again sent the Government the documents appended to the SINDILIQUIDA/RS communication, including reports by the Regional Labour Delegation of Rio Grande Do Sul, that the union had sent as an attachment to the communication and which the Office forwarded to the Government on 8 November 2007. The Committee also notes that the Government emphatically refutes the union’s assertion that there is supervision by the labour inspectorate but that it is a “legal fiction”, and denies that matters may be at a standstill. The Government states that the labour inspectorate of Brazil is respected worldwide and that when an enterprise breaks the law, the democratic system can resort to instruments such as administrative and judicial sanctions, to be applied in observance of due process, and if the system proves inadequate, the solution is to get parliament to pass stricter laws. The Committee invites the Government to send its comments on the reports of the Regional Labour Delegation attached to the SINDILIQUIDA/RS communication.

Labour inspectorate’s work relating to the issues raised in the communication. The Committee notes with interest the information sent by the Government on the labour inspectorate’s work relating to the enterprises and issues referred to in the communication. The Government indicates that Petrobras, Shell Brazil and Ipiranga were inspected regularly in 2009 in connection with the regulatory standards on occupational safety and health (OSH), as well as on general issues, individual protective equipment, and programmes on environmental risk prevention and health conditions and amenities at the workplace. The Government reports on infringements that were remedied and others that were reported after it was found that the enterprise failed to apply adequate risk-prevention measures; failed to develop adequate planning measures; failed to specify strategies and methodologies and overlooked the views of the workers; disregarded the need for joint measures where two or more employers carry on activities simultaneously in the same workplace; and failed to ascertain the absence of any risks and to carry out proper supervision. The Committee also notes that, according to the Government, two Petrobras units were inspected: Petrobras Transporte SA – TRANSPETRO and Petrobras Distribuidora in Canoas, Rio Grande do Sul. TRANSPETRO was inspected in connection with regulatory standards on general aspects of OSH, individual protective equipment, medical occupational health supervision programmes, environmental risk prevention programmes, unhealthy activities, and operations. These inspections also involved the State Benzene Committee (CNBz). The Government also indicates that in March 2009, Petrobras Distribuidora was inspected and deficiencies that had been found were put to right. The Committee requests the Government to continue to provide information on the impact of the work done by the labour inspectorate on the issues raised in the communication, including on other enterprises mentioned in the communication, such as Shell.

Court cases. The Committee notes the information sent by the Government on judicial proceedings under way as a result of reports of infringements submitted by the labour inspectorate. As regards compliance with Decision No. 00075-2003-024-04-00-0 of the District Labour Court No. 24 of Puerto Alegre, referred to by the union in its communication, the Committee notes that a hearing of 22 August 2008 dealt with the execution of the decision, and that SINDILIQUIDA/RS concedes that the enterprise (Petrobras Distribuidora) is complying as regards the issues mentioned. An extract of the hearing record, provided by the Government, states that the drivers of the service providers are no longer carrying on activities outside the scope of their occupation as lorry drivers, having concluded a contract the latter capacity with the company Servale. The enterprise also submitted programmes for risk-prevention in the workplace which recommend the use of respirators for workers responsible for unloading lorries. The Government also reports a court case against Shell Brazil in Esteio, Rio Grande do Sul where a prohibition was sought on safety grounds; a case against Ipiranga in which the Public Prosecutor for Labour, assisted by SINDILIQUIDA/RS, applied to have the lorry drivers barred from the tasks of loading and unloading regardless of whether they were employees of the enterprise, or of subcontractors or self-employed. The case is still pending. Referring to the latter case, the Government indicates that the judges deemed the issue of driver-operators to be a “highly controversial” one. The Committee asks the Government to continue to provide information on developments in these cases and to indicate why the courts deem the driver operator issue to be “highly controversial”, insofar as the matter relates to the application of the Convention or any other ratified Convention on occupational safety and health.

Part IV of the report form. Application in practice. The Committee requests the Government to send its comments on the effect given to the Convention by enterprises in the petrochemical sector, including in the Rio Grande Do Sul region. Please provide information on the manner in which the Articles of the Convention cited at the beginning of this comment apply to persons engaged in the loading and unloading of fuels, whether they are employed directly by enterprises in the sector or by subcontractors, as in the case of the enterprise Servale referred to by the Government in its report on the Occupational Cancer Convention, 1974 (No. 139). The Committee also asks the Government to state whether it envisages the possibility of examining, together with the social partners and in the course of the reviews provided for in Article 7 of the Occupational Safety and Health Convention, 1981 (No. 155), how application of the Convention is faring in the petrochemical sector.

Programmes for the prevention of occupational exposure to benzene (PPEOB). In its previous comments, the Committee asked the Government to provide copies of a few PPEOB together with information on the manner in which they are applied in practice, including in the enterprises mentioned in the communication. The Committee notes that in its report, the Government indicates that the labour inspectorate is responsible for supervising implementation of such programmes and that information on such programmes may not be forwarded for examination by third parties because copies may not be provided to any institutions, except in the case of court rulings. The Committee requests the Government to provide information allowing it to ascertain whether the programmes are effectively applied in the petrochemical industry, including in the enterprises mentioned in the communication.

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

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

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.

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

Articles 5 and 8 of the Convention. Occupational health services with functions that are adequate and appropriate to the occupational risks of the undertaking. Cooperation and participation on an equitable basis of the employer, the workers and their representatives. Communication from the Union of Teachers, Federal District (SINPRO-DF). In its previous comments, the Committee referred to a communication from the SINPRO-DF stating that: the health situation of teachers in the Federal District (DF) was very serious; there was a lack of preventive measures; very many illnesses were connected with the work administration, but they were not recognized by the medical services as being occupational illnesses; and the number of judicial proceedings relating to this subject had already exceeded 1,000. The Committee notes that, according to the Government, changes were made in the second half of 2010 in the district government, and the new Government published Decree No. 32795 establishing a new organizational structure made up of an under-secretariat of health, safety and welfare for public officials, a coordinating unit of occupational safety and health (OSH), an administrative unit promoting workers’ health, an administrative unit for mental health and preventive measures, and an administrative unit for workers’ safety. The statutes of these departments and the OSH policy are still being elaborated. The Committee notes with satisfaction the general and specific measures adopted by the Government in follow-up to the issues raised by the SINPRO-DF. As part of the general measures, the Government indicates that, in the sector of public teachers, there has been an increase in the participation of teachers and their representatives in the current administrative structure, and that this may be verified on the Internet site of the educational secretariat of the Federal District and that of SINPRO-DF. For example, various plenary meetings have been held on proposals for the democratic administration of education, resulting in a number of commitments from the education secretariat, such as the adoption of a more person-centred approach by the occupational safety and health directorate and a decentralization of its activities; the SINPRO-DF drafted a bill relating to the democratic management of education, considered an historical event for the workers; at the district level, a conference on democratic management was held, during which records of the discussions on the bill were drawn up, and subsequently discussed with deputies of the District Legislative Chamber. As part of the special measures, the Committee notes that, according to information submitted by the education secretariat of the DF, by means of official communication No. 477 of 3 May 2011, improvements have been made in the sector, such as: actions designed to improve precarious working conditions in 309 schools; protective, corrective and preventive actions in 14 regional teaching directorates, covering 65 teaching establishments; and finally the introduction of a health plan for all workers in the sector from January 2012 onwards. The Government concludes by stating that adjustment measures for the occupational health services for public servants in the Federal District in general, and teachers in particular, are under way. The Committee requests the Government to continue sending information on any developments in this respect including on the health plan for the sector, which, according to the report, will enter into effect in 2012 and, in particular, on the functions of the health services listed under Article 5 of the present Convention.

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

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

Article 1 of the Convention. Scope of application. Article 3. Consultation of the most representative organizations of employers and workers concerned regarding the measures to be taken to give effect to the provisions of the Convention. In its previous comments the Committee referred to communications from the Union of Workers in the Lumber, Civil Construction and Furniture Industries of Altamira and the surrounding Region (SINTICMA) and the Single Confederation of Workers (CUT). Both communications referred to the growth in the construction industry and, within the industry, to non-registered workers and the serious problems that this situation presented with regard to the application of the Convention. The main points of the communication from the CUT were as follows: (a) occupational safety and health (OSH) policies and measures for the construction industry do not take account of the informal sector and are therefore not realistic; (b) the method for recording occupational accidents does not take account of non-registered workers and so the accident figures contained in official records do not reflect reality; and (c) very few occupational accidents are investigated. SINTICMA stated that the enterprises operating in the Altamira region do not observe labour legislation relating to documentation of workers, that the conditions of work in construction are subhuman, that the workers do not enjoy any of the rights established by the legislation, including with regard to OSH, and that labour inspection is inadequate. The Committee asked for information on the manner in which account is taken of these workers with a view to: (a) formulating OSH policies for the construction industry; (b) recording occupational accidents; and (c) training in OSH. The Committee notes the statement in the Government’s report that work in the informal sector is extensive but follows the growth trends in the formal sector. In the first six months of 2010, a total of 1.47 million jobs were created, which corresponds to the highest figure recorded in the General Register of Employment and Unemployment (CAGED). Between January and May 2011, the number of new jobs created was 1,171,796 (up 3.26 per cent), which was only slightly less than the increase indicated for 2010. The Government states that although the construction industry shows problems with regard to informal work, there has also been a high rate of growth in the formal sector in recent years. In order to gain a more precise estimate of informal employment in the country, the Ministry of Labour and Employment announced the creation of an indicator for the end of 2011, based on CAGED data and the Annual Report on Labour Issues (RAIS). The new indicator, called the “real unemployment rate”, will focus on the employment market in the informal economy. According to the Labour Minister, the current unemployment indicators do not reflect the reality in the informal sector, in self-employment or in the liberal professions. The Committee notes with interest the development of the real unemployment indicator since this can contribute to a more accurate identification of the number of informal workers in the sector covered by the Convention and contribute towards the application of the Convention to all construction workers. The Committee requests the Government to supply information on the statistics obtained in the construction industry on the basis of this indicator, stating the number of registered workers and the estimated number of non-registered workers.

Other measures. The Government also previously indicated that the most effective means of tackling informal employment in Brazil is the action taken by the labour inspectorate, whose objectives in civil construction include prevention (avoiding occupational accidents and diseases) and enforcement, including taking action against informal employment. The Committee notes the Government’s detailed information on the action of the labour inspectorate, indicating that in 2010 labour inspectors registered 57,883 workers in civil construction and 18,918 workers in heavy construction and that from January to May 2011 a total of 22,771 workers were registered in civil construction and 8,619 workers in heavy construction. The Committee also notes the Government’s statement that, under Government policy, civil construction is one of the priority sectors for the labour inspectorate and that in 2010 a total of 20.4 per cent of inspections in the sector concerned safety and health. As preventive measures, 2,781 seizure orders were issued in cases involving a serious and imminent danger to the workers, 17,244 reports of infringements were issued and 387 investigations into serious and fatal accidents were undertaken. The Government also provides information on action undertaken in heavy construction. The Committee also refers to the information provided by the Government concerning the measures to reduce under-notification and those which it noted in its comments relating to the Occupational Cancer Convention, 1974 (No. 139), and the Occupational Safety and Health Convention, 1981 (No. 155). Noting the efforts of the labour inspectorate to ensure the application of the Convention to all workers in the sector, the Committee recalls that a fundamental mechanism for giving effect to the Convention is Article 3, under the terms of which the most representative organizations of employers and workers concerned must be consulted on the measures to be taken to give effect to the provisions of the Convention. The Committee requests the Government to undertake such consultations, including on the measures to be adopted to give effect to the provisions of the Convention with respect to registered and non-registered workers, and to supply information in this regard. The Government is also requested to supply practical information on the registration of occupational accidents in the construction sector and on training in OSH.

Part VI of the report form. Application in practice and Article 35. Labour inspection. In its previous comments the Committee noted that, according to SINTICMA, working and OSH conditions in civil construction in the trans-Amazonian region are subhuman and the labour inspectorate does not have the means to address this situation. The union indicated that there is one Ministry of Labour and Employment assistant’s post for 40,000 workers seeking help from ten towns in the trans-Amazonian region and that the labour inspectorate is unable to monitor these enterprises because the work is temporary and it only visits the region every two or three years. It notes that the Government only refers in its report to Article 10 of the Labour Inspection Convention, 1947 (No. 81). The Committee indicates that, according to Article 35 of the present Convention, each Member shall provide appropriate inspection services to supervise the application of the measures to be taken in pursuance of the Convention and provide these services with the resources necessary for the accomplishment of their task. The Committee requests the Government to provide information on the action of the labour inspection services with regard to the OSH issues raised by SINTICMA in the trans-Amazonian region and to clarify whether these services are equipped with the necessary means to enforce the application of the Convention in that region.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee refers to its observation and requests the Government to supply information on the following points.

Article 3 of the Convention. National policy. The Committee refers to Regulatory Standard No. 22 (NR 22), as amended on 1 October 2007, concerning occupational safety and health in mining, and other additional regulatory standards, drawn up through a tripartite process, which constitute the basis of national policy in this sphere. The Committee requests the Government to supply information on the manner in which national policy on safety and health in mines is periodically reviewed, particularly regarding the measures taken to give effect to the provisions of the Convention. In view of the fact that this Article of the Convention provides for ongoing implementation and review in order to take the necessary remedial measures regarding the implementation of national policy in practice, the Committee requests the Government to supply information, if applicable, on the most relevant aspects of such revision.

Articles 5(1) and 16(b). Competent authority for monitoring and regulating the various aspects of safety and health in mines. Appropriate inspection services. The Committee notes the indication in the Government’s report that occupational safety and health (OSH) legislation is primarily regulated in the Consolidated Labour Legislation having the status of a federal Act, of which Title II in Chapter V lays down provisions on occupational safety and occupational medicine and assigns the Ministry of Labour the power to draw up additional provisions issued in the form of regulatory standards, drawn up through a tripartite process. The monitoring of these standards comes within the competence of the labour inspectorate within the Ministry of Labour and Employment. In view of the technical nature of this Convention, for example Article 7, which states, inter alia, that the mine must be designed and constructed in such a way as to provide conditions for safe operation and a healthy working environment, the Committee requests the Government to indicate whether the Ministry of Labour is responsible for monitoring and follow-up with regard to all the provisions of the Convention, or whether certain provisions such as the aforementioned are the responsibility of the Ministry of Mines or another ministry and, if so, to indicate the provisions for which each institution is responsible and the coordination mechanisms that exist. Accordingly, the Government is also requested to supply information on the technical competencies of the inspection services with regard to the matters covered by the Convention.

Article 5(2)(c). Procedures for reporting and investigating fatal and serious accidents, dangerous occurrences and mine disasters. As regards reporting, the Committee notes that NR 22.37.7 establishes that, in the event of a fatal accident, it is obligatory to inform the Regional Labour Delegation (DRT). As regards investigation, the Committee notes that NR 22.3.7.3 and NR 22.37.6.1 refer to the investigation of occupational accidents. The Convention refers in various provisions to “dangerous occurrences”, and the Committee, noting that the Government does not supply any information on this in its report, wishes to point out that the objective of reporting with regard to the above is prevention. The Committee requests the Government to provide information on compulsory reporting procedures for non-fatal serious accidents, dangerous occurrences and mine disasters. The Government is also requested to provide information on the investigation of dangerous occurrences and mine disasters.

Article 5(2)(d). Compilation and publication of statistics on accidents, occupational diseases and dangerous occurrences. The Committee notes the information supplied in the report on the manner in which effect is given to this provision with respect to accidents and diseases and notes that no information is supplied with regard to dangerous occurrences. The Committee requests the Government to provide information on the compilation and publication of statistics relating to dangerous occurrences.

Article 5(2)(e). Power of the competent authority to suspend or restrict mining activities on safety and health grounds. The Committee notes that section 3.1 of NR 3 states that the competent authority shall be able to order, on the basis of a technical report, the suspension or restriction of activities. The Committee requests the Government to supply information on the application in practice of this provision with regard to mines. In particular, the Committee wonders whether the requirement for a technical report will obstruct the taking of prompt action to suspend or restrict activities.

Article 9(d). Provide workers who have suffered from an injury or illness at the workplace with first aid, appropriate transportation from the workplace and access to appropriate medical facilities. The Committee notes the provisions relating to first aid. The Committee requests the Government to supply information on the obligation to provide appropriate transportation from the workplace and access to appropriate medical facilities, in cases covered by this provision.

Article 10(b). Adequate supervision and control on each shift. The Committee notes that the Government refers to NR 22.24.24, which covers the controls to be effected on each shift in mines where there is the risk of firedamp or other toxic, explosive or inflammable gases. The Committee requests the Government to supply information on the manner in which effect is given to this provision, which not only covers the contingencies established in NR 22.24.24 but also covers all mines according to the terms laid down by Article 1(a) and (b) of the Convention.

Article 10(c). System to enable the names of all persons who are underground to be accurately known at any time. Noting that the Government’s report does not supply any information in this respect, the Committee requests the Government to supply information on the effect given to this provision.

Article 10(d) and (e). Investigation and report on accidents and dangerous occurrences. The Committee requests the Government to supply information on the manner in which effect is given to these provisions of the Convention as regards dangerous occurrences.

Article 11. Regular health surveillance of workers. The Government states that NR 22.3.6 lays down the obligation to formulate and implement the Occupational Health Medical Programme (PCMSO) pursuant to the terms of NR 7. The Committee recalls that the regular health surveillance of workers is compulsory under the terms of the Convention and requests the Government to indicate whether the formulation of the PCMSO is compulsory and indicate the manner in which it is implemented in practice.

Article 12. Two or more employers in the same workplace. The Committee notes that NR 22.3.5 gives effect to this Article of the Convention with regard to subcontracting. The Committee requests the Government to indicate the manner in which effect is given to this Article in cases involving the presence of two or more employers without the use of subcontracting.

Article 13(1)(a). Right of the workers to report accidents, dangerous occurrences and hazards to the employer and to the competent authority. The Committee notes the Government’s indication in its report that section 22.4.1(b) of NR 22 states that workers have the duty to report situations to their hierarchical superior that they consider to represent a health and safety hazard. The Committee points out to the Government that this provision does not establish an obligation but a right, and that this right consists of notifying not only the hierarchical superior but also the competent authority. The Committee therefore requests the Government to supply information on the manner in which effect is given to this provision, including notification of the competent authority with regard to the eventualities covered by this paragraph of the Convention.

Article 13(1)(b). Right to request and obtain, where there is cause for concern on safety and health grounds, inspections and investigations to be conducted by the employer and the competent authority. The Committee notes that the report refers to section 22.4.1(a) of NR 22, which does not specifically guarantee this right. The Committee requests the Government to provide detailed information on the effect given to this provision, with respect to both the employer and the competent authority.

Article 13(2)(c). Right to have recourse to advisers and independent experts. The Committee notes that the report does not contain any information on the manner in which effect is given to this provision. The Committee requests the Government to supply information on the effect given to this provision.

Article 13(2)(f). Right to receive notice of accidents and dangerous occurrences relevant to the area for which they have been selected. The Committee requests the Government to supply information on the effect given to this provision in relation to dangerous occurrences.

Part V of the report form. Application in practice. The Committee notes the information supplied by the labour inspectorate, whose work focused essentially on the states of Espírito Santo, Bahia and Minas Gerais on account of the scale of mining activities in these states. The Committee requests the Government to provide a general description of the manner in which the Convention is applied in its country. It also requests the Government to provide information on the number of workers protected by the measures that give effect to the Convention, indicating the number of workers involved in small and medium-sized mines and the manner in which the Government applies these measures to this sector.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 5 of the Convention. Occupational health services with functions that are adequate and appropriate to the occupational risks of the undertaking. Article 8. Cooperation and participation on an equitable basis of the employer, the workers and their representatives. Communication from the Union of Teachers, Federal District (SINPRO–DF). The Committee refers to its comment on the Occupational Safety and Health Convention, 1981 (No. 155), in which it noted, inter alia, that SINPRO–DF affirms that the situation regarding the health of the teachers whom it represents is extremely serious and that occupational safety and health standards for the public sector, particularly education, are limited to leave of absence for illness and occupational rehabilitation, that is when the person concerned is already ill, but it maintains that there are no preventive measures. The Committee notes that, according to SINPRO–DF, in addition to the lack of preventive measures, the medical services repeatedly refuse to grant leave of absence for illness without even examining the patients concerned and it is extremely rare that they recognize the occupational origin of pathologies and they decide on early invalidity pensions to the clear detriment of the teachers in terms of the salaries they earn. The union also indicates that the period of sickness does not count towards accumulated service, which has an impact on holiday time and career progression, and that ultimately sick workers are penalized. SINPRO–DF indicates that the number of judicial proceedings relating to this subject already exceeds 1,000. It emphasizes the need for health services to identify and evaluate risks to health, monitor environmental factors at work, provide advice with regard to the planning and organization of work, promote improvements, and participate in analysis of occupational accidents. The union also calls for the application of Article 8 with regard to the worker participation provided for in this Article. The Committee notes that the Government has sent a report from the Under-Secretariat for the Management of Educational Professionals of the Government of the Federal District, which indicates that provision was made under Decree No. 29.021/2008 for a medical examination for admission to employment, a periodic medical examination for staff working in school canteens, that a programme for the periodic examination of all public employees is being drawn up, which was due to be implemented from May 2010 onwards, and that another programme – the “Better Health” programme – has been drawn up, which aimed at improving the health of employees and reducing absenteeism. The Committee notes that the Government does not provide any information on preventive measures of the health services or on the participation of teachers in the application of Article 8 of the Convention. The Committee requests the Government to take the necessary steps to ensure the full application of Articles 5 and 8 of the Convention in the sector concerned and to supply detailed information in this respect.

As the Government’s report was received too late to be examined at the present meeting, the Committee will examine it in detail at its next meeting, together with the reply to the present comments.

[The Government is asked to reply in detail to the present comments in 2011.]

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Communication from the Union of Workers in the Lumber, Civil Construction and Furniture Industries of Altamira and the Surrounding Region (SINTICMA). The Committee notes that the Government’s report, received on 2 November 2010, arrived too late to be examined at the current session. The Committee also notes the communication by SINTICMA, sent to the Government on 12 April 2010. The Committee notes that the Government has not sent its comments concerning this communication. The Committee also notes that, according to SINTICMA, enterprises operating in the region do not comply with the labour legislation concerning the documentation of workers, that the working conditions on the sites are subhuman and that the workers enjoy none of the rights guaranteed by the legislation. It maintains that the enterprises enslave workers in conditions of urban slavery, that many of them suffer accidents at work and that no inspections are carried out in these towns. It indicates that there is one Ministry of Labour and Employment assistance post for 40,000 workers seeking help who are from ten towns in the trans-Amazonian region. It indicates that the labour inspectorate is unable to monitor these enterprises because the work is temporary and it only visits the region every two or three years. It maintains that this situation also exists in the lumber industry, which has even more difficulties than the civil construction sector. The Committee requests the Government to provide information on the measures taken or envisaged to ensure the application of the Convention to workers in the informal economy, including the workers in the region mentioned in the communication. Noting that the Government’s report does not reply fully to the questions raised in its previous comments concerning the application of the Convention to the informal sector, the Committee requests the Government to provide detailed information in reply to those comments, in particular on the manner in which those workers are taken into account for the purposes of: (a) developing policies for the construction sector; (b) recording occupational accidents; and (c) training. Furthermore, the Committee requests the Government to provide its comments on the communication submitted by SINTICMA so that the Committee can examine them at its next meeting, together with the Government’s report.

[The Government is asked to reply in detail to the present comments in 2011.]

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the first and second reports of the Government and notes with interest the adoption of Regulatory Standard No. 22 (NR 22), as amended on 1 October 2007, concerning occupational safety and health in mining, which gives effect to the Convention and was drawn up through a tripartite process. NR 22 regulates, inter alia, fundamental aspects relating to the Convention, such as the participation of workers through the Internal Commission for the Prevention of Accidents in Mining (CIPAMIN), established by section 22.36, and the right of workers to remove themselves from any sector of the mine when there are reasonable grounds to think that the situation poses a serious danger to their safety or health, as established by Article 13(1)(a) of the Convention.

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

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

Further to its observation, the Committee requests the Government to provide additional information on the following points.

Articles 4 and 7, paragraph 1, of the Convention. Prohibition to use benzene in certain legally specified work processes and requirement to carry out work processes involving the use of benzene in a closed system. With reference to its previous comments, the Committee notes that the Standing National Benzene Commission (CNPBz) continues its discussion on the adoption by companies of best practices and the use of new technologies and equipment with a view to achieving the objectives set out in Annex 13 of Normative Regulation No. 15 of Ordinance No. 3214 of 1978. It notes, inter alia, that in 2009 a metallurgical company which will use the heat recovery process which prevents the exposure to benzene will be put in operation. The CBPBz will evaluate the efficiency of this project. A similar project is already in operation in Spirito Santo. The Committee also notes that the CBPBz has set the following priorities for the negotiations: objective criteria for creating an inventory of enterprises that produce, use, handle, and transport benzene; training for workers and specialists; construction of offices for the promotion of the application by employers of Decree No. 776/2004; and a research project on the exposure of workers to benzene in petrol stations. The Committee requests the Government to provide information on the implementation of these priorities, on all measures taken or envisaged to ensure a full implementation of these Articles and their impact in practice.

Article 6, paragraph 2. Level of concentration of benzene in the air of places of employment. The Committee notes that according to the report, the question of lowering the reference value in metallurgical industries is being discussed in the CNPBz, but that this question is not a priority for the employers. As a result, the CNPBz has decided to focus its efforts on the development of best practices and the incorporation of new technology. The Committee asks the Government to continue to inform it on progress made on this issue and on the impact of these measures in practice.

Article 7, paragraph 2, and Article 8, paragraph 1. The removal of benzene vapour and adequate means of personal protection against the risk of absorbing benzene through the skin. With reference to its previous comments, the Committee notes that, according to the report of the Government, activities which imply handling of benzene are regulated by specific legislation on benzene (Annex 13-A of the National Agreement on Benzene, 1995) and general laws which impose on the employer the obligation to prevent risks and to take certain measures to ensure that benzene vapour is removed as well as protection against the risk of absorbing benzene through the skin. The Committee requests the Government to provide information on the application of these measures in practice including any progress achieved, with reference, as appropriate, to extracts from relevant documents such as research projects or labour inspection reports.

Part IV of the report form. Application in practice. The Committee notes that, according to the Government, the Programme for the Prevention of Occupational Exposure to Benzene (PPEOB) is a programme of risk prevention which is coupled with specific requirements concerning working environments where benzene is used. It is a programme that should be developed by employers that produce, use, handle or transport benzene and is subject to the control of the Ministry of Labour as well as the national and regional benzene committees. The Committee asks the Government to submit copies of some examples of PPEOB and to provide information on how they are applied in practice, including in the enterprises the Committee refers to in its observation.

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

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

Article 2, paragraphs 1 and 2. Replacement of carcinogenic substances and agents. The Committee notes the information provided by the Government on the action taken for the replacement of the substances or agents referred to by this Article. It notes in particular that the Jorge Duprat Figuereido Occupational Health and Medicine Foundation (FUNDACENTRO) coordinates the National Programme for the Eradication of Silicosis, which the labour inspectorate considers to be a strategic project, with particular reference to mines and, as from March 2008 when Order No. 43 was adopted, marble works. The Committee notes that the Government provides extensive information on the efforts made for the replacement of asbestos and indicates that the Inter-Ministerial Commission for the Formulation of a National Policy on Asbestos made its position clear in favour of prohibiting the extraction, processing and use of asbestos in any of its forms and proposed the adoption of a scenario for the progressive replacement of asbestos. The report indicates that Brazil accounts for 11 per cent of the global production of asbestos as the third largest producer and retains reserves of 14 million tonnes, implying the availability of reserves for over 60 years of exploitation. The Government indicates that, taking into account Environmental Health Criterion 203 of the WHO International Programme on Chemical Safety, according to which there is no safe limit for exposure in relation to carcinogenic risks, a replacement scenario is being developed. Although the products of enterprises which operate without asbestos is still between 15 and 30 per cent more expensive than those in which it is used, it is envisaged that with time the costs will adjust by themselves. The Committee, noting the information on asbestos and the prevention of silicosis, requests the Government to provide information on the progress achieved in this respect and to supply details on the replacement of other carcinogenic products. It also once again asks the Government to provide information on the manner in which these standards are applied in practice.

Article 3. Protection of workers and establishment of a system of records. The Committee notes that the Standing National Commission on Benzene is discussing how the exposure of workers to benzene can be reduced with a view to improving supervision and reducing exposure, especially among workers not covered by a formal employment relationship with the enterprises concerned, such as those in the transport sector. In its previous observation, the Committee requested the Government to provide information on the data to be recorded in the register envisaged by Regulatory Standard No. 9 of 29 April 1994. The Government indicates that employers must keep the clinical history of each worker for 20 years after the worker has finished performing services in the enterprise, and for 30 years in the case of benzene. Furthermore, enterprises which use benzene and asbestos must be entered on the Register of the Ministry of Labour. The Committee requests the Government to provide further information on the data contained in the registers and on the manner in which it is ensured that enterprises keep such records. Furthermore, with reference to the comments made by SINDILIQUIDA/RS, which it noted in its observation, the Committee understands that driver-operators, as they are not in the formal employment of refineries, are not covered by their records. The Committee requests the Government to take measures for the establishment of appropriate records for these workers who are exposed to benzene and to provide information on this subject.

Article 5. Biological and other tests that have to be carried out on workers during the period of employment and thereafter. The Committee notes that it is currently only envisaged that examinations shall be undertaken after the termination of the employment relationship in the case of workers exposed to asbestos, which is not in conformity with this Article of the Convention, although it is planned to update Regulatory Standards Nos 7, 9 and 15 when the review of the Regulatory Standards respecting ionizing radiations has been complete. The Committee requests the Government to amend these Standards as rapidly as possible so as to bring them into conformity with the Convention and to keep it informed in this respect. It also requests the Government to adopt measures to ensure that all workers covered by the Convention are provided with such medical examinations or biological or other tests or investigations during the period of employment and thereafter as are necessary to evaluate their exposure and supervise their state of health in relation to the occupational hazards and to provide detailed information on this matter.

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

The Committee notes the communication of 28 August 2008 sent by the Single Confederation of Workers (CUT) and the Government’s reply of 3 March 2009. The CUT states that with the growth in the economy, civil construction has expanded significantly but has not been matched by investment in developing the labour force, so the amount of skilled labour has not kept pace with the expansion in the sector, adding to the weaknesses that already existed. The CUT lists the weaknesses as follows: (a) policies and measures for the sector overlook the informal economy and are therefore unrealistic; (b) registration of occupational accidents does not take account of undeclared workers, so accident figures in official registers do not reflect reality; and (c) very few occupational accidents are investigated, for example in 2006, of 31,429 accidents recorded only 330 were investigated. On the matter of suitable policies, the Government states that it has published a series of occupational accident indicators by sector of activity and federal unit allowing measurement of workers’ exposure to the risk levels involved by economic activity and also allowing suitable policies to be drawn up. With regard to the registration of accidents, this is done by the National Social Security Institute (INSS), which collects the relevant data by means of a special form known as an “occupational accident communication” (CAT). As to the investigations of accidents, the Government states that it is not possible to analyse all cases because the Ministry of Labour in charge of occupational safety and medicine has few inspectors. The Government further indicates that labour inspectorate provides an important stimulus for the formalization and improvement of working conditions and that in 2009, thanks to the inspectorate’s work, formal employment relationships were secured for 668,857 workers. On the matter of training, the Government states that training is provided through the Workers’ Protection Fund. The Committee has also studied these comments in examining the application of the Occupational Safety and Health Convention, 1981 (No. 155). With regard to the present Convention, it will deal with the observations at greater length at its next session, when it examines the Government’s first report, which has already been received. The Committee therefore asks the Government to provide information on the total number of workers in the construction sector, indicating to the extent possible the number of workers who have a formal employment relationship and the estimated number of those who do not. With regard to the latter, please indicate how they are taken into account for the purpose of: (a) preparing policies for the sector; (b) registering occupational accidents; and (c) training. Referring to the Government’s decision to treat the investigation of occupational accidents as a priority for 2009, noted by the Committee in its comments on the Occupational Safety and Health Convention, 1981 (No. 155), the Committee asks the Government to provide details of the activities undertaken and the results obtained in the construction sector.

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

The Committee notes the Government’s report, received on 31 October 2008, with its reply to the comments made 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), with the attachments referred to in the Committee’s comments under the Occupational Safety and Health Convention, 1981 (No. 155).

The Committee notes that SINDILIQUIDA/RS’s allegations concern the application of the Convention more specifically in the petrochemical sector. These allegations relate to the application of the following Articles of the Convention:

–           Article 5 of the Convention. Effective protection of workers exposed to benzene in the petrochemical sector. SINDILIQUIDA/RS indicates that since 2003 and up to the present time, the enterprises Petrobras Distribuidora SA, Shell Brazil and Distribuidora de Produtos de Petróleo IPIRANGA S/A have not adopted appropriate measures to ensure the effective protection of workers exposed to benzene, despite the instructions of the Ministry of Labour and a conviction of Petrobras in the labour courts. It affirms that in the present case there is a deliberate intention not to comply with clear legal provisions and the orders of the labour delegation and the courts. SINDILIQUIDA/RS states that certain products handled by workers in the sector contain over 3 per cent of benzene and that the workers are exposed to serious risks, with particular reference to “driver-operators”, in view of the absence of prevention and protection measures in the sector. In general, these driver-operators are not employees of the enterprises concerned, as their services are engaged under different forms, and they perform the tasks of loading and unloading without protection or supervision of any type by the approved employees of these enterprises.

–           Article 6. Measures taken to prevent the escape of benzene vapour into the air of places of employment. SINDILIQUIDA/RS indicates that multinational enterprises in the sector do not take the technical measures for the implementation of the Article and adopt a confrontational attitude in relation to the labour inspectorate and the courts. According to the report of the labour inspectorate attached to the communication, Petrobras is not taking the measures required under this Article in relation to driver-operators, and Shell has reached the point of denying any responsibility in relation to these workers. The report adds that the Shell enterprise depends almost solely on appropriate human behaviour for the prevention of accidents in inflammable environments, in contradiction with international trends in this respect.

–           Article 8. Adequate means of personal protection against the risk of absorbing benzene through the skin and the risk of inhaling benzene vapour. SINDILIQUIDA/RS indicates that enterprises in the sector do not give effect to this Article and, according to the report of the labour inspectorate, driver-operators do not even use respiratory masks and, in certain enterprises, they do not even know what that means. SINDILIQUIDA/RS states that the administration has not adopted measures for the rapid imposition of penalties in such cases, and that the respective procedures can drag on indefinitely without any solution being found.

–           Article 9. Regular medical examinations and exemptions. According to the communication referred to above, medical examinations are not undertaken of workers exposed to benzene, particularly in the case of driver-operators. The union organization refers to the conclusions of the labour inspection report referred to previously.

–           Article 14(c). Labour inspection. SINDILIQUIDA/RS indicates that despite the existence of an appropriate inspection system to supervise the application of the provisions of the Convention, the notifications and orders that it issues, and the penalties imposed, have not resolved the major problems that arise, certain of which constitute serious and imminent risks to health. The trade union considers that the existence of supervision that is no more than “a legal fiction” amounts to a failure to give effect to Article 14(c).

The Committee notes that the reports of the labour delegation submitted by SINDILIQUIDA/RS confirm that enterprises in the sector do not give effect in practice to the legislation implementing the Convention. With regard to Petrobras, the report of the regional labour delegation indicates that no effect has been given to the requirement to formulate and implement the various prevention and monitoring programmes for occupational exposure to chemicals that are envisaged in the legislation, and that driver-operators do not use protective equipment, even though it is recognized that they are in contact with carcinogenic substances. The report of the labour delegation concludes that no effect has been given to the court ruling of 2003, and that the situation has deteriorated. The Committee considers that the conclusions of the report on Shell are a cause for even greater concern, as they indicate that the enterprise is persevering with their policy of excluding driver-operators from the process of the management and control of risks by transferring these responsibilities to third parties. The Committee further observes that, in its reply, the Government indicates that SINDILIQUIDA/RS represents workers who are engaged in the road transport of liquids or gases that are hazardous and inflammable, including benzene, and participates in the Benzene Commission of Río Grande do Sul. It refers to the various inspections carried out in areas where these workers operate, and principally in terminals of the petrochemical industry and refineries, which have resulted in various reports being drawn up indicating repeated violations. Some of these reports have been sent to the Office of the Public Prosecutor for Labour Matters and have provided the basis for public civil actions in the courts that are still ongoing. However, certain inspection activities carried out by the Ministry of Labour have been interrupted by court injunctions suspending them as a preliminary measure. The Government adds that, despite these circumstances, it has continued its efforts and it should be noted that all the supervisory measures taken have been intended to achieve compliance with the provisions of the Convention. The Government affirms that the labour inspectorate will continue to supervise the application of the Convention in the sector. The Committee observes that the Government does not deny the failure to give effect to the above Articles of the Convention in the present case. It also notes that the labour delegation of Río Grande do Sul appears to have followed the situation carefully. Violations have been reported, civil action taken against the enterprises and reports drawn up on the effect given to the recommendations made by the courts. The follow-up reports conclude however that none of the recommendations have been implemented and that the situation has deteriorated. The Committee therefore requests the Government to:

–           examine the causes of this situation and to undertake an assessment of the reasons why, in this case, its efforts have not resulted in an improvement in the situations described in practice;

–           work with the social partners to seek solutions with a view to drawing up proposals for action to find a way out of this impasse, which has occurred despite the efforts of the labour inspectorate;

–           take this situation into account when formulating the national policy envisaged by Convention No. 155, in consultation with the social partners;

–           make efforts to ensure that effect is given in practice to Articles 5, 6, 8 and 9 of the Convention in the present case and in all sectors engaged in activities resulting in the exposure of workers to benzene; and

–           provide detailed information on the measures adopted and the results obtained in practice. In particular, the Committee requests it to provide detailed information of developments in the situation in practice of driver‑operators in the Río Grande do Sul region.

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

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

The Committee notes the Government’s report of 31 October 2008, containing a reply to the comments made by the Committee and those made by the Workers’ Union of the Road Transport of Liquids and Gases, Oil Derivatives and Chemical Products of Rio Grande do Sul (SINDILIQUIDA/RS), including the attachments referred to in the Committee’s comments under the Occupational Safety and Health Convention, 1981 (No. 155).

Article 1 of the Convention. Carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization or control. The Committee notes that Decree No. 6042/07 contains a list of substances which causes diseases and occupational risk factors in which a series of substances are recognized as being carcinogenic. According to the report, by means of this Decree the Ministry of Social Security established a new mechanism to determine the link between health impairments and the work performed, and whether or not the enterprise has provided notification of the incident. The existence of links is recognized at three sequential and hierarchical stages: (1) the link is established between a substance and a health impairment when it is included in the list annexed to Decree No. 6042/07 and is known as a technical-occupational or work-related link; (2) the link is established when the worker suffers a health impairment related to the economic activities mentioned in the Decree, except when an expert from the Ministry issues a reasoned opinion setting aside the existence of the link, which is known as a technical-epidemiological prospective link; and (3) the link is established by an expert from the Social Security Department following an examination, even where the economic activity is not listed in the Decree, which is known as a technical individual link. The Government also refers to a series of recent developments regarding legislative and technical standards, such as the adoption of Act No. 12684 of the State of São Paolo prohibiting chrysotile asbestos and the discussion in the Standing Joint Tripartite Commission concerning Regulatory Standard No. 15 on ionizing radiations. The Committee requests the Government to provide information on the effect given in practice to this mechanism for the establishment of occupational links envisaged in Decree No. 6042/07. The Committee also requests the Government to provide information on the manner in which the list of carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization or control is periodically updated, and to keep it informed of any further developments in this respect.

Articles 4 and 5. Information on carcinogenic substances and agents and on the measures to be taken, to ensure that workers benefit from medical examinations and supervision of their state of health. SINDILIQUIDA/RS refers to the situation of workers in the petroleum sector in Rio Grande do Sul, and particularly to driver-operators. It affirms that in practice effect is not given to these provisions of the Convention, as information is not provided on the hazards of carcinogenic products, such as benzene. It adds that in innumerable cases appropriate medical examinations are not carried out to assess the exposure and state of health of workers in relation to occupational risks. SINDILIQUIDA/RS affirms that it is not possible to document all the cases in Brazil where there is a breach of these rules, but that through the report of the labour delegation of Rio Grande do Sul evidence is provided on a few specific cases such as violations by Petrobras, Shell and other enterprises in the sector. It concludes that such situations occur throughout the country and that action is not taken to bring an end to these abuses involving serious and often irreversible exposure. In its reply, the Government indicates that in Brazil the relevant Standards are NR-01, NR-07 establishing the Occupational Health Medical Programme  and NR-09 on the Environmental Risks Programme. The Committee observes that the matter at issue is the effect given in practice to these provisions. The Committee, on the one hand, welcomes the quality and exhaustive nature of the reports of the labour delegation and, on the other, observes that these efforts have not yet succeeded in securing effective compliance with the legislation in practice. Nevertheless, these reports provide a useful assessment of the situation in practice. The Committee urges the Government to increase its efforts to take all necessary measures to give full effect to these provisions of the Convention and requests it to provide detailed information on measures taken and results achieved in practice, particularly in relation to the workers and sectors referred to above.

Article 6(c), and Part IV of the report form. Labour inspection services. The Government indicates that when enterprises are found to be systematically failing to comply with the legislation, the Ministry of Labour and the Office of the Public Prosecutor for Labour Matters can take civil action, in addition to increasing supervision carried out by the labour inspection services. Bearing in mind the communication of SINDILIQUIDA/RS, which indicates that neither the actions of the labour inspectorate nor the civil actions taken have succeeded in ensuring that the enterprises at issue comply with the legislation giving effect to the Convention, the Committee invites the Government to take all relevant measures to achieve progress in practice in such serious matters as exposure to carcinogenic substances.

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

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

1. Further to its observation, the Committee notes the information provided by the Government in its latest report including a reply to its previous direct request.

2. Article 15 of the Convention. Information to give to occupational health services about illnesses among workers and relationship between illness and health hazards present at the workplace. The Committee notes from the Government’s report that, through the Single Health System and within the system of state and local health centres with specialist staff, the Ministry of Health is responsible for studying the relationship between health and work. The Committee notes, however, that the Government does not clarify how and on what basis the occupational health services (SESMT) are notified of occupational accidents and diseases of workers. The Committee hopes that the Government will take the necessary measures to give effect to this Article of the Convention.

3. Part VI of the report form. Application of the Convention in practice and Article 3, paragraphs 1–2. Progressive development of occupational health services for all workers, in all sectors and in all branches of economic activity. With reference to its previous comments the Committee notes from the Government’s report that the Ministry of Health, through the Single Health System, is responsible for undertaking the initiative to expand occupational health services to cover larger numbers of the working population and that this issue was being discussed in a permanent tripartite commission. The Committee also notes that the Government indicates there was no reliable data on the number of specialist services created as a result of the application of the provisions of the integrated system of labour risks prevention, due to changes in the number of companies, the number of employees in each and, especially, the vast size of Brazil. The Committee also notes the Government’s indication that available data concerns formal employment in Brazil, which represents some 21 million workers, and not the economically active population, estimated at 70 million workers. It also notes the statement that, based on a general census of workers in 2000, the total number of jobs in companies required to set up SESMTs amounted to 7,211,016 and that some 0.86 per cent of the total number of establishments were required to set up SESMTs while some 93.1 per cent of the total number of establishments were not required to do so. The Committee requests the Government to pursue its efforts progressively to increase the number of workers covered by occupational health services, to continue to report on any concrete measures taken in this respect, as well as any practical results obtained.

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

1. The Committee notes the comments of the Union of Workers in the Road Transport of Liquids and Gases, Oil Derivatives and Chemical Products (SINDILIQUIDA/RS), which were received with attachments on 4 October 2007 and sent to the Government on 8 November 2007. It notes that these observations relate to the alleged non-application of the following Articles of the Convention: Article 5, Preventive occupational hygiene and technical measures; Article 6, Measures taken to prevent the escape of benzene vapour into the air of places of employment; Article 8, Adequate means of personal protection against the risk of absorbing benzene through the skin and of inhaling benzene vapour; Article 9, Periodic medical examinations and exceptions; Article 14(c), Inspection services. The Committee requests the Government to reply to the observations made by SINDILIQUIDA/RS.

2. The Committee also notes its previous comments relating to the Government’s reply to the observations made by several unions from various industries, and it once again invites the Government to make comments on the following matters.

3. Articles 4 and 7, paragraph 1, of the Convention. Prohibition to use benzene in certain legally specified work processes and requirement to carry out work processes involving the use of benzene in a closed system. With reference to its previous comments, the Committee notes that the Standing National Benzene Commission (CNPBz) has initiated a discussion on the adoption by companies of best practices and the use of new technologies and equipment with a view to achieving the objectives set out in Annex 13 of Normative Regulation No. 15 of Ordinance No. 3214 of 1978. Seminars and technical meetings have been organized with a view to reaching an agreement on substantive technical changes in industrial processes. Workshops are also envisaged to discuss the best practices to be adopted in relation to certain equipment, such as vents and flanges, oil–water separators, hermetic doors in coking plants and other relevant technical matters. The Committee hopes that these activities will result in a more effective application of these provisions of the Convention in the various types of factories, including those which use benzene in the process of producing alcohol anhydride as a dehydrating agent in azeotropic distillation, in relation to which Administrative Decree SSST No. 27 of 8 May 1998 establishes deadlines for the replacement of benzene. The Committee requests the Government to keep it informed of the outcome of these discussions and of any progress achieved in this respect. It once again requests the Government to provide a copy of the above Administrative Decree.

4. Article 6, paragraph 2. Level of concentration of benzene in the air of places of employment. The Committee notes the proposal made by employers during the ordinary meeting of the CNPBz in June 2005 to reduce the technical reference value applicable in the metal sector from 2.5 to 1 ppm. This value would be immediately applied to new enterprises, while others would have a period of ten years to adapt. The Committee also notes that the workers and the Government made a counterproposal of a reference value of 1 ppm for the steel sector and 0.5 ppm for petrochemicals. This value would be immediately applied to new enterprises, while other enterprises would have a period of five years to adapt. The Committee requests the Government to keep it informed of the outcome of the negotiations on reference values at forthcoming meetings of the Standing National Benzene Commission, and any progress achieved in this respect.

5. Article 7, paragraph 2. Measures taken to ensure that places of work in which benzene or products containing benzene are used are equipped with effective means to ensure the removal of benzene vapour. In its previous comment, the Committee drew the Government’s attention to the need to install ventilation systems in workplaces, not only when a high concentration of benzene may occur (as laid down in section 5.4 of Annex 13-A to the Agreement on Benzene, 1995), but also whenever it is not practicable for the work processes to be carried out in an enclosed system. As the Government’s latest report does not contain any information on this point, the Committee once again requests the Government to adopt measures to give effect to this provision.

6. Article 8, paragraph 1. Adequate means of personal protection against the risk of absorbing benzene through the skin. In its previous comments, the Committee drew the Government’s attention to the requirement to take measures to ensure the protection of workers whenever they may have skin contact with liquid benzene or products containing benzene, and not only in critical situations, as established in section 5.4 of Annex 13-A of the Agreement on Benzene, 1995. As the Government’s latest report does not contain any information on this point, the Committee once again requests the Government to adopt measures to give effect to this provision.

7. With reference to its previous comments and in the absence of specific information on this matter, the Committee requests the Government to indicate whether the Programme for the Prevention of Occupational Exposure to Benzene (PPEOB), which was to be established pursuant to section 5 of Annex 15-A to the national Agreement on Benzene, 1995, has already been adopted and has been implemented; it also requests the Government to provide a copy of the Programme with its next report.

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

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

1. The Committee notes the observations 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: Articles 4 and 5, Information on carcinogenic substances and agents and measures required; medical examinations and supervision of the state of health of the workers; and Article 6(c), Inspection services. The Committee requests the Government to respond to the observations by SINDILIQUIDA/RS.

2. The Committee refers to its previous comments on several provisions of the Convention, and again invites the Government to comment on the following matters.

3. Article 2, paragraphs 1 and 2. Replacing substances and agents to which workers may be exposed in the course of their work by non-carcinogenic substances or agents or by less harmful substances or agents and reducing the number of workers exposed to carcinogenic substances or agents. The Government refers to a series of instruments under which enterprises are, in general, required to adopt risk management programmes based on the principles of the prevention and limitation of occupational risks in the context of the ecological risk prevention programme (NR-09). The Committee takes note of the measures conducted by FUNDACERO and the Occupational Health and Safety Secretariat of the Ministry of Labour to ensure that priority is given to measures to replace carcinogenic substances and agents with less harmful substances and agents, and to reduce to a minimum the number of workers exposed and the length and level of exposure. The Committee requests the Government to send information on the effect given in practice to these general legislative provisions and on the results of the measures taken by FUNDACERO and the Occupational Safety and Health Secretariat.

4. Article 3. Measures to protect workers against the risks of exposure to carcinogenic substances or agents and to establish a system of records. The Committee notes from the Government’s last report that a national system for recording the various types of occupational cancer is being set up. It hopes that this national system will be in operation in the near future. It reminds the Government that the system for recording data for the prevention and control of occupational cancer involves keeping records of exposure and of medical examinations so that, as the years go by, it is possible to ascertain the effectiveness of the preventive measures and to identify remaining dangers or new ones. Referring to section 9.2.1(c) of Regulatory Standard No. 9 (NR-9) of 29 April 1994 which requires enterprises to keep a register of data, the Committee requests the Government to specify the data to be recorded in this register.

5. Article 5. Providing for biological examinations or other tests of workers during the period of employment and thereafter. With reference to its previous comments, the Committee again points out that in the event of exposure to specific occupational hazards, in addition to the medical examinations provided for in Regulatory Standard No. 7 (NR-7), special tests must be envisaged in order to detect exposure level and determine responses. Noting that the Government’s report contains no information in reply to its comments, the Committee again draws the Government’s attention to the indications in paragraph 5.2 of the ILO publication “Occupational cancer: Prevention and control”, in the Occupational Safety and Health Series No. 39, Geneva, 1989, which explain the importance of supplementing the medical examination of workers with biological monitoring. The Committee accordingly asks the Government to indicate the measures taken or envisaged to ensure that the workers concerned undergo not only medical examinations at the various stages but also biological and other tests and investigations necessary to evaluating their exposure with a view to supervising their state of health in view of the occupational risks to which they are exposed.

6. Article 6(c) and Part IV of the report form. Inspection service responsible for supervising the practical application of the Convention. The Committee notes that the Government’s report does not contain the information it requested in its previous comments on the measures taken in the event of systematic failure to comply with the legislation on occupational safety and health and failure to pay the fines imposed for breach of the legislation, as was the case with the enterprise “Bramix Brasileira de Mármore Exportada SA”. The Government is once again asked to indicate the measures taken to ensure that the legislation on occupational safety and health is effectively applied.

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

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

1. The Committee notes the information provided by the Government in its comprehensive reply to the Committee’s previous comments formulated in connection with the observations made by the Chemical, Petrochemical and Related Industries of Triunfo/RS Trade Union (SINDIPOLO).

2. The Committee notes that the Government reports that in addition to the 12 inspection visits previously reported, another seven inspections had been carried out at the company Petroflex Industria e Comércio S/A and that, during these inspections, several technical and organizational infringements which had a direct impact regarding the current situation with safety and health at work were noted. The following infringements were noted during inspection visits in 2004:

n      lack of inspection at the correct intervals of pressure vessels (boilers) as well as correct documentation on the boilers, failure to establish the compulsory Internal Committee for Prevention of Accidents (CIPA) (visit in February);

n      failure to issue a notice of accident at work, lack of training of workers on emergency first aid, failure to record medical data in the medical file, failure to carry out the actions required under the Programme of Prevention of Environmental Hazards (PPRA) with subcontractors, failure to inform about risks to the CIPA of the subcontractors; failure to identify risks in the PPRA, failure to carry out quantitative evaluations of environmental agents, failure to hold special meetings of the CIPA when accidents occur, failure to adopt risk control measures (visit in August);

n      lack of safety belt, the inadequacy of Programmes of Prevention of Environmental Hazards, lack of environmental control measures, insufficient guarding of machinery, lack of risk assessment, guards poorly fixed to machines, lack of personal protective equipment or acquisition of inadequate equipment (visit in 2004).

3. The Committee also notes from the Government’s report that as a result of these infringements the following accidents had occurred:

n      the accident on 15 August 2004, when 27 tonnes of benzene were spilled on a neighbouring company, “Innova”. Twenty workers were affected, and officially recorded as victims. There was no prior evaluation of this possibility and no control measures were in place and there was neither information nor training of workers in this respect. The analysis of the accident revealed failures of risk assessment, failures of emergency planning, presence of a dangerous (flammable) substance without adequate control and management;

n      the fatal accident on 14 October 2004, of an employee of the subcontractor “Motrix” when the worker’s foot was caught in a rubber rolling press, from which the guard had been removed from the shaft and flanges, and he lost his foot and ankle because of failures to anticipate and detect risks, guards which had been removed, interference of ambient noise.

4. The Committee draws the Government’s attention to that Convention (Article 1) contains requirements for the establishment and maintenance of a safe and healthy working environment which will facilitate optimal physical and mental health relating to work as well as the adaptation of work to the capabilities of workers in the light of their state of physical and mental health and that, in accordance with Article 5, within a system of occupational health services for all workers, the functions of such services shall include: identification and assessment of the risks from health hazards in the workplace; surveillance of the factors in the working environment and working practices which may affect workers’ health; provision of advice on organization of work, including the design of workplaces, on the choice, maintenance and condition of machinery and other equipment and on substances used in work; advice on individual and collective protective equipment; participation in the development of programmes for the improvement of working practices as well as testing and evaluation of health aspects of new equipment; and, collaboration in providing information, training and education in the fields of occupational health and hygiene and ergonomics. The Committee requests the Government to take appropriate measures without delay to ensure that there is better compliance with occupational safety and health standards to reduce the occupational accident rate in this sector of activity, and requests the Government to continue to provide information on any progress achieved in this regard.

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

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes the information contained in the Government’s report and the information provided in reply to a part of its previous comments. The Committee notes in particular the information with regard to Article 1 of the Convention (scope of application).

2. Articles 4 and 7, paragraph 1, of the Convention. Prohibition to use benzene in certain legally specified work processes and requirement to carry out work processes involving the use of benzene in a closed system. With reference to its previous comments, the Committee notes that: the Permanent National Benzene Commission (CNPBz) has initiated a discussion of the adoption by companies of best practices and incorporation of new technologies and equipment so as to achieve the objectives set out in Annex 13 of Normative Regulation No. 15 in Order No. 3,214 of 1978; seminars and technical meetings have been organized in order to reach an agreement on substantive technical changes in the industrial processes; workshops are also envisaged to discuss the best practices to be adopted in relation to equipment such as vents and flanges, oil-water separators, hermetic doors in coking plants and other relevant technical matters. The Committee hopes that such activities will lead to a more effective application of these provisions of the Convention in different types of factories including those which use benzene in the process of producing alcohol anhydride as a dehydrating agent in azeotropic distillation and for which Administrative Decree SSST No. 27 of 8 May 1998 established deadlines for the replacement of benzene. The Committee requests the Government to keep it informed of the results of such discussions as well as of any progress achieved in this regard. The Committee requests again the Government to provide a copy of the abovementioned Administrative Decree with its next report.

3. Article 6, paragraph 2. The level of the concentration of benzene in the air of places of employment. The Committee notes the proposal presented by the employers during the regular meeting of the CNPBz in June 2005, to reduce the technological reference value (TRV) applicable to the metal sector from 2.5 (two and one-half) ppm to 1 (one) ppm within a time frame of ten years to allow companies time to adapt, with immediate application to newly-formed companies. The Committee also notes that the workers’ and Government sides presented a counter proposal of values of 1 (one) ppm for the steel sector and 0.5 (half) ppm for the petrochemicals sector, both in the form of TRV with a time limit of five years to allow existing companies to adapt, with immediate application to newly-formed companies. The Committee requests the Government to keep it informed of the results of the negotiations concerning these values in forthcoming meetings of the CNPBz and about any progress achieved in this regard.

4. Article 7, paragraph 2. Measures taken with respect to places of work in which benzene or products containing benzene are used shall be equipped with effective means ensuring the removal of benzene vapour. In its previous comments, the Committee drew the Government’s attention to the necessity to establish ventilation systems in workplaces not only when a high concentration of benzene may occur as laid down in item 5.4 of Annex 13-A to the Agreement on Benzene, 1995, but each time when work processes are undertaken which, for practical reasons, cannot be carried out in an enclosed system. As the Government’s latest report contains no information on this issue, the Committee once again invites the Government to adopt measures in order to give effect to this provision.

5. Article 8, paragraph 1. Adequate means of personal protection against the risk of absorbing benzene through the skin.  In its previous comments, the Committee drew the Government’s attention to the requirement to take measures to ensure the workers’ protection each time when they may have skin contact with liquid benzene or products containing benzene and not only in critical situations as indicated in item 5.4 of Annex 13-A to the Agreement on Benzene, 1995. As the Government’s latest report contains no information, the Committee once again invites the Government to adopt measures in order to give effect to this provision.

6. With reference to its previous comments and in the absence of any specific information in this respect, the Committee requests the Government to indicate if the Protection Programme for Workers Exposed to Benzene (PPEOB), which was to be established pursuant to item 5 of Annex 13-A to the National Agreement on Benzene, 1995 already has been adopted and is in force, and supply a copy of it with its next report.

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

1. The Committee notes the information supplied with the Government’s reports in response to its previous comments, as well as the documentation annexed. It notes in particular the information concerning Article 1, paragraphs 1 and 2, of the Convention. The Committee requests the Government to supply supplementary information on the following points.

2. Article 2, paragraphs 1 and 2. Replacing substances and agents to which workers may be exposed in the course of their work by non-carcinogenic substances or agents or by less harmful substances or agents and reducing the number of workers exposed to carcinogenic substances or agents. The Committee notes the Government’s reference to a series of instruments establishing a general obligation for all companies, under the Programme for the Prevention of Environmental Hazards (NR-09), to introduce risk management programmes based on the principles of labour risks’ prevention and their control. The Committee notes efforts undertaken by FUNDACERO and the Secretariat for Health and Safety at Work of the Ministry of Labour to give priority to actions designed for the replacement of carcinogenic substances and agents by less harmful substances and agents, as well as the reduction to the minimum of the number of workers exposed and the duration and degree of such exposure. The Committee requests the Government to provide information on the practical implementation of these general legislative provisions and the outcome of the work of FUNDACERO and the Secretariat for Health and Safety at Work.

3. Article 3. Measures to protect workers against the risks of exposure to carcinogenic substances or agents and to establish an appropriate system of records. The Committee notes from the Government’s latest report that a national system of registration for the various types of occupational cancer is at the stage of organization. The Committee expresses the hope that the national register will be operational in the near future. It would remind the Government that the system of records for the prevention and control of occupational cancer consists of keeping records of exposure and of medical examinations so that, as years go by, it is possible to measure the effectiveness of the measures of prevention and to identify remaining dangers or new ones. Referring to section 9.2.1(c) of Regulatory Norm No. 9 (NR-9), of 29 April 1994 which requires enterprises to establish a register of data the Committee requests the Government to specify the data which must be contained in this register to be established in application of the mentioned section.

4. Article 5. Providing for biological examinations or other tests of workers during the period of employment and thereafter. With reference to its previous comments the Committee points out once again that it is necessary to envisage special tests in the case of exposure to specific occupational hazards, in addition to the health examinations provided for in Regulatory Norm No. 7 (NR-7), in order to detect exposure levels and early biological effects as well as responses. While the Government’s report contains no information in reply to the mentioned previous comments, the Committee draws again the Government’s attention to the indications given in item 5.2 of the ILO publication, "Occupational Cancer: Prevention and Control", in Occupational Safety and Health Series No. 39, Geneva, 1989, which explain the importance of biological monitoring to be carried out in addition to medical examinations of workers. The Committee accordingly requests the Government to indicate the measures taken or envisaged to provide the workers concerned not only with medical examinations at different stages, but also with biological and other tests and investigations necessary to evaluate the exposure of workers with a view to supervising their state of health in relation to the occupational hazards.

5. Article 6, paragraph (c) and Part IV of the report form. Provision of appropriate inspection services for the purposes of supervising the practical application of the Convention. The Committee notes the absence, in the Government’s report, of information requested in its previous comments concerning the measures taken in cases of the systematic negligence of occupational safety and health legislation and non-payment of the fines imposed for violation of occupational safety and health legislation as it was revealed with respect to the enterprise "Bramix Brasileira de Mármore Exportada S.A.". The Government is requested once again to indicate the measures adopted in order to ensure that occupational safety and health legislation is effectively applied in practice.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee takes note of the Government’s reports and of the documentation concerning the use of benzene in the country. It draws the Government’s attention to the following points on which additional information is required.

1. Article 1 of the Convention. The Committee notes item 2 of the National Tripartite Agreement on Benzene of 1995 and item 2 of Annex 13-A to this Agreement, according to which the provisions apply to all companies which produce, store, use or handle benzene and liquid mixtures thereof containing 1 per cent or more of benzene by volume, as well as to companies contracted by them. However, according to item 2.1 of Annex 13-A, the provisions do not apply to certain branches, i.e. the transport, the storage, the sale or use of combustible materials derived from petroleum, which have specific regulations. The Committee therefore requests the Government to specify the regulations applicable to the branches excluded from the scope of application and to provide a copy of them.

2. Article 4 and Article 7, paragraph 1. The Committee notes that item 3 of Annex 13-A to the Benzene Agreement prohibits since 1 January 1997 the use of benzene for any purpose, except the industries and laboratories enumerated. Article 1 of Administrative Decree No. 14 of 20 December 1995 provides for the prohibition of exposure to certain substances and processes, including products of benzidine. With regard to the use of benzene in factories producing alcohol anhydride for the use as a dehydrating agent in azeotropic distillation, Administrative Decree SSST No. 27 of 8 May 1998 establishes deadlines for the final replacement of benzene. The Committee requests the Government to indicate the provisions providing for the obligation to carry out as far as practicable certain work processes covered by Administrative Decree SSST No. 27 of 8 May 1998, in an enclosed system.

3. Article 6, paragraph 2. The Committee notes item 7 of Annex 13-A to the Agreement on Benzene, 1995, providing for maximum concentration limit of benzene in the air of 1.0 ppm for companies covered by this Annex and of 2.5 ppm for companies in the steel industry. The Committee states that both values comply with the value established under the Convention, which represents the value fixed when the Convention was adopted in 1971. This value is, however, outdated from the scientific point of view. The Committee notes that the American Conference of Industrial Hygienists (ACGIH) which is the body internationally recognized for its assessments of the state of the art in the field of exposure limits to chemical substances, recommends a value of 0.5 ppm as maximum concentration value of benzene in the air of places of employment. In view of this and the fact that pursuant to item 6 of Annex 13-A to the Agreement on Benzene, the technological reference values for the level of concentration of benzene in the air is subject to tripartite negotiation, the Committee invites the Government to consider the concentration levels recommended by the ACGIH at the occasion of the next tripartite negotiations on the subject.

4. Article 7, paragraph 2. The Committee notes that item 5.4 of Annex 13-A to the Agreement on Benzene, 1995, provides for procedures of collective and individual protection of workers against the risk of exposure to benzene in critical situations through various measures such as appropriate ventilation. The term "critical situation" is defined as a situation in which high concentrations of benzene may occur (item 5.4 of Annex 13-A). The Committee accordingly requests the Government to take the necessary measures to establish e.g. ventilation systems in workplaces not only when a high concentration of benzene may occur, but each time when work processes are carried out which, for practical reasons, cannot be carried out in an enclosed system.

5. Article 8, paragraph 1. The Committee notes that item 5.4 of Annex 13-A to the Agreement on Benzene, 1995, provides for procedures of collective and individual protection of workers against the risk of exposure to benzene in critical situations through measures such as adequate respiratory protection and protective clothing to avoid contact of benzene with the skin. Item 5.4 defines critical situations as situations in which high concentrations of benzene may occur. The Committee requests the Government to take the necessary measures to provide adequate means of personal protection against the risk of absorbing benzene through the skin not only in critical situations, but each time the workers may have skin contact with liquid benzene or products containing benzene.

6. In addition, the Committee notes that a number of protective measures applying the provisions of the Convention are elements to be contained in the Protection Programme for Workers Exposed to Benzene (PPEOB), which must be established pursuant to item 5 of Annex 13-A to the National Agreement on Benzene, 1995. Hence, the definite application of the Convention depends, as the Government confirms in its report, on the transmission of this Programme to the Secretariat for Occupational Health and Safety of the Ministry of Labour for its adoption in order to become effective. The Committee therefore requests the Government to indicate whether the PPEOB programme already has been adopted and is in force.

7. Finally, the Committee would be grateful, if the Government would supply the following legislation for further examination: Administrative Decree No. 27 SSST of 8 May 1998 establishing deadlines for the final replacement of benzene in factories producing alcohol anhydride for the use as a dehydrating agent in azeotropic distillation and Administrative Decree SSST of 1 October 1996 providing for the Technical Note on PCMSO.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the information supplied with the Government’s reports in response to its previous comments, as well as the documentation annexed. It draws the Government’s attention to the following points on which additional information is required.

1. Article 1, paragraphs 1 and 2, of the Convention. The Committee notes that Executive Order No. 3, of 10 March 1994, prohibiting the exposure to and the use of various carcinogenic substances, has been revised by Administrative Decree No. 14, of 20 December 1995, amending the item "carcinogenic substances" of Annex 13 of Regulatory Standard No. 15 concerning insalubrious activities and operations and including Annex 13-A on benzene. It notes that article 1 of Administrative Decree No. 14, 1995, prohibits the exposure to a number of carcinogenic substances. In addition, item 3 to Annex 13-A to the National Tripartite Agreement on Benzene, signed on 20 December 1995, prohibits the use of benzene for any purpose since 1 January 1997, except the industries and laboratories enumerated. With regard to the laws and regulations adopted on benzene, the Committee invites the Government to refer to its comments made under the Benzene Convention, 1971 (No. 136). It further invites the Government to provide additional information on other carcinogenic substances and agents, which are prohibited or made subject to authorization or control.

2. Article 2, paragraphs 1 and 2. As concerns carcinogenic substances and agents other than benzene, the Committee notes the Government’s indication that FUNDACERO and the Secretariat for Health and Safety at Work of the Ministry of Labour are trying to give priority to actions designed to the replacement of carcinogenic substances and agents by less harmful substances and agents, as well as to the reduction to the minimum of the number of workers exposed and the duration and degree of such exposure. The Committee, taking due note of this information, requests the Government to provide information on any measures taken or envisaged in this respect. With regard to the replacement and the restricted use of benzene, the Committee invites the Government to refer to its comments provided in relation to the application of the Benzene Convention, 1971 (No. 136).

3. Article 3. The Committee notes Regulatory Norm No. 9 (NR-9), of 29 April 1994, requiring enterprises to establish a programme for environmental health risks. It notes that section 9.2.1(c) of this Regulatory Norm provides for the establishment of a register of data. The Committee requests the Government to specify the data, which must be contained in this register to be established in application of section 9.2.1(c) of NR-9. The Committee further notes the Government’s indication that, while a national system of registration for the various types of occupational cancer does not exist yet, the National Cancer Institute centralizes information of cancer in general from registers maintained in five cities, namely Porto Alegre, Belem, Fortaleza, Campinas and Goiana. However, the national register on various types of cancer of occupational origin is currently being established. The Committee, hoping that the national register will be operational in a near future, would remind the Government that the system of records for the prevention and control of occupational cancer, as provided for under Article 3 of the Convention, consists of keeping records of exposure and of medical examinations so that, as years go by, it is possible to measure the effectiveness of the measures of prevention and to identify remaining dangers or new ones emerging. In this respect, the Committee also invites the Government to refer to the indications given in Paragraph 15 of the Occupational Cancer Recommendation, 1974 (No. 147). As far as benzene is concerned, the Committee notes that item 5.2 of the National Tripartite Agreement on Benzene, signed on 20 December 1995, requires the Ministry of Health to maintain and annually update a register of workers who show symptoms of illnesses related to benzene.

4. Article 5. With regard to medical examinations and biological and other tests and investigations for workers exposed, the Committee notes section 7.3.2. read together with section 7.4.1. of Regulatory Norm No. 7 (NR-7) which provide for pre-assignment, periodic, return-to-work, post-assignment medical examinations of workers as well as for medical examinations of workers when they change their workplace. It notes that sections 7.4.2. to 7.4.3.2. of Regulatory Norm No. 7 (NR-7) prescribe the type of medical examinations to be carried out, as well as the complementary medical examinations to be carried out in relation to high-risk activities. In this respect, the Committee points out that in the case of exposure to specific occupational hazards, special tests are needed which should be carried out in addition to the health examinations provided for in Regulatory Norm No. 7 (NR-7), in order to detect exposure levels and early biological effects as well as responses. To this effect, the Committee also draws the Government’s attention to the indications given in item 5.2 of the ILO publication, "Occupational Cancer: Prevention and Control", in Occupational Safety and Health Series No. 39, Geneva, 1989, which explain the importance of biological monitoring to be carried out in addition to medical examinations of workers. The Committee accordingly requests the Government to indicate the measures taken or envisaged to provide the workers concerned not only with medical examinations at different stages, but also with biological and other tests and investigations necessary to evaluate the exposure of workers with a view to supervising their state of health in relation to the occupational hazards. Furthermore, referring to the information supplied by the Government in its report of 1995 to the effect that Regulatory Norm No. 7 (NR-7) was being revised, the Committee requests the Government to indicate whether this Norm is still under revision, and, if that is the case, it asks the Government to communicate a copy of Regulatory Norm No. 7 (NR-7), as amended, as soon as it has been adopted.

5. Article 6(a). With reference to its previous comments on the consultation requirements with the workers’ and employers’ organizations concerned when elaborating laws or regulations to give effect to the provisions of the Convention, the Committee notes the Government’s indication that all regulations in the field of occupational safety and health are only adopted after the establishment of a tripartite commission, composed of representatives of the employers’ and workers’ organizations concerned and of the ministries of health, social security, industry and trade, or agriculture, depending on the subject matter.

6. Part IV of the report form and Article 6(c). The Committee notes the documentation supplied by the Government on inspections carried out in the framework of the National Programme on the Reduction of Occupational Diseases and Accidents at Work in the marble and granite industry. It notes in particular the information contained in an inspection report that the enterprise "Bramix Brasileira de Mármore Exportada S.A." systematically does not apply occupational safety and health legislation, neither does it pay the fines imposed for violation of occupational safety and health legislation. The Committee requests the Government to indicate the measures taken in such cases in order to ensure that occupational safety and health legislation is effectively applied in practice.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

Article 3, paragraphs 1, 2, and 3, of the Convention. The Committee notes that the Government’s report does not contain replies to its previous comments concerning the Government’s earlier replies under Parts IV and V of the report form, where it had indicated its inability to specify the number of workers covered by the legislation applying the Convention. Please provide information on the measures taken or envisaged to monitor the number of workers covered by the legislation applying the Convention.

The Committee also notes the informationthat the Ministry of Labour is preoccupied by the increased growth of the number of enterprises in the informal sector, and that jointly with the Ministry of Health and that of Social Protection and Assistance, it has prepared a draft law aimed at creating a system of occupational health service covering these workers. This draft is currently in the hands of the legislative authorities and that the Government will inform the Office concerning its adoption. The Committee hopes this draft will be adopted soon and that a copy of the adopted text would be sent to the Office.

Article 15. Further to its previous comments, the Committee notes with interest the information that there is a chain of state and community health centres with specialised personnel exclusively dealing with enquiries into and handling of the aggravation of the health of workers. The information obtained is used to trigger visits by these specialized personnel at the workplace, aimed at establishing the links between the risks and the aggravation detected, and to involve the employers and the specialized services (where they exist), with a view to providing for corrective measures and for better respect of the protective legislation in the matter. The Committee reiterates its previous request to the Government to indicate the manner in which the specialized services in safety engineering and occupational medicine are informed of occurrences of diseases amongst workers and absences from work for health reasons, whether or not an occupational disease is registered, in order that they might better analyse the factors in the working environment which affect workers’ health. The Committee further requests the Government to indicate the measures taken or envisaged to ensure that the personnel in these services are not required by the employer to verify the reasons for the absence from work.

Part VI of the report form. Further to its previous comments, the Committee notes the information that it is impossible for the Government to give the number of specialized services created as result of Regulation No. NR4 because of the variation in the number of these enterprises, their duration of existence and the size of the country which hinders a reliable registration system. The Government further indicates that Act No. 8080 gives access to the workplace to the health surveillance body attached to the Ministry of Health without resulting in the creation of specialized services for the moment. The Committee would be grateful if the Government would indicate the measures it proposes to take to overcome the difficulties encountered and to ensure better monitoring of the practical application of the provisions of the Convention.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the comments made by the Union of the Workers from the Chemical, Petrochemical and Related Industries of Triufo/RS (SINDIPOLO) relating to the petrochemical enterprise Petroflex industry and Commerce S.C., and the replies made by the Government, in the context of the application by Brazil, of Convention Nos. 148, 155, 161, 170 and 174. The Committee has decided to deal with these comments under Convention No. 161.

The Union refers to the case of a worker who had suffered a heart attack while working for an enterprise, KS Kondorfer and Silva, which was a subcontractor of Petroflex, manipulating barrels weighing 200 kg full of chemical products in an area of work that was classified as a warehouse for chemical products. No assistance was available from Petroflex and the first assistance was provided far away from the workplace, where he was helped by other workers and taken by an outside ambulance service, and without being accompanied by a medical doctor of Petroflex. Neither the national standards of the Labour Code (CLT) and the regulations (NRs), nor those of the ILO were met in the subcontracted out activity of Petroflex where the situation was inadmissible in the context of high-risk activity. The main failures were the lack of pre-employment medical examinations, non-issuance of the declaration of occupational accident (CAT), and lack of adequate safety practices and drills and technical studies regarding the workplace. The Union pointed out that while workplace irregularities and accidents, including a fire in July 1995, were increasing, Petroflex was dismantling its technical staff, including in the area of occupational safety and health. It deplored the conditions of work of those working in subcontracting enterprises and it had even brought various cases before the negotiating table with Petroflex. Petroflex had refused outside interference in its management model. The Union blamed the deterioration of the conditions of work and more particularly of occupational safety and health in this major enterprise on factors such as its privatization, and the introduction of new management models (resignations, subcontracting and industrial automation).

For its reply, the Government indicated that it had relied upon data from the Federal Labour Inspection Service (SFIT), the communications of occupational accidents (CATs) made by the enterprise, and labour inspection reports for occupational safety and health. According to the communication from the Federal Labour Inspection Service, the enterprise had been inspected on 12 occasions during the period 1997-2002, and six of these concerned occupational safety and health. In 1998, three visits of inspection revealed irregularities of failure to inspect, initially, periodically and on extraordinary occasions, a pressure container, failure to secure the guards of a rolling bridge, failure to prevent hazards, failure to determine and signal to workers hazards, prohibitions, safety duties and procedures to be followed in cases of accidents, and failures relating to fixed guards on machines and equipment. In 2000 two visits of inspection were made which revealed workers entering workplaces and working without the foreseen safety precautions being respected, and the failure to adopt preventive occupational safety and health measures by the subcontracting enterprises. In 2002 one inspection visit was conducted which revealed the failure to carry out medical examinations of those returning back to work, failure to elaborate the required report on the safety measures taken during the year, failure to anticipate, recognize, evaluate and consequently control occupational risks that occur or could exist in the working environment, taking into account the need to protect the environment and natural resources, and failure to provide adequate guards for machines and equipment with repetitive action which present risks to the operator, failure to provide appropriate safety devices for starting them.

In respect of the death on 21 November 2000 of the employee of the enterprise KS Kondorfer and Silva, a subcontractor of Petroflex, the Government submitted the accident investigation report which confirmed death as a result of a heart attack while the victim was at work manoeuvring and moving barrels weighing 200 kg. According to this report, the worker suffered the heart attack at 1.30 p.m. approximately and arrived at a medical centre by ambulance at 2.10 p.m. where he received help until 3.15 p.m. when death was pronounced. The report also indicated that the enterprise KS Kondorfer and Silva did not present proof of a pre-employment medical examination of the worker, and that it had not made an ergonomic analysis of work that resulted in the accident to adapt the work to the worker and to meet requirements of maximum weight that may be lifted, transported and discharged by an individual.

The Government’s report indicated that an analysis of the occupational accident reports (CATs) for the period between February 2000 and April 2002 confirmed that 38 indicated Petroflex as the employer or place of accident. More than two-thirds of these CATs (26) had subcontractors as employers. Ten out of 38 CATs involved absence from work, and none of them involved absence from work of more than 60 days. The Government’s report indicated that these CATs did not constitute the total of CATs.

The Committee would be grateful if the Government could continue to provide information regarding occupational accidents occurring in the enterprises concerned, including the subcontracting enterprises, and information on the measures taken to ensure that there is better compliance with occupational safety and health standards which will hopefully reduce the occupational accident rate in the sector of activity.

In addition, the Committee is addressing a request recalling certain other points directly to the Government.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee has taken note of the comments supplied by the trade union of workers employed in the marble, granite and lime industry. The Committee is dealing with the issues raised in its comments made under Convention No. 155. It notes the information sent by the Government concerning this Convention and it proposes to deal with all this information in one of its future sessions.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

Article 3, paragraphs 1, 2, and 3, of the Convention. The Committee notes that the Government's report does not contain replies to its previous comments concerning the Government's earlier replies under Parts IV and V of the report form, where it had indicated its inability to specify the number of workers covered by the legislation applying the Convention. Please provide information on the measures taken or envisaged to monitor the number of workers covered by the legislation applying the Convention.

The Committee also notes the information that the Ministry of Labour is preoccupied by the increased growth of the number of enterprises in the informal sector, and that jointly with the Ministry of Health and that of Social Protection and Assistance, it has prepared a draft law aimed at creating a system of occupational health service covering these workers. This draft is currently in the hands of the legislative authorities and that the Government will inform the Office concerning its adoption. The Committee hopes this draft will be adopted soon and that a copy of the adopted text would be sent to the Office.

Article 15. Further to its previous comments, the Committee notes with interest the information that there is a chain of state and community health centres with specialised personnel exclusively dealing with enquiries into and handling of the aggravation of the health of workers. The information obtained is used to trigger visits by these specialized personnel at the workplace, aimed at establishing the links between the risks and the aggravation detected, and to involve the employers and the specialized services (where they exist), with a view to providing for corrective measures and for better respect of the protective legislation in the matter. The Committee reiterates its previous request to the Government to indicate the manner in which the specialized services in safety engineering and occupational medicine are informed of occurrences of diseases amongst workers and absences from work for health reasons, whether or not an occupational disease is registered, in order that they might better analyse the factors in the working environment which affect workers' health. The Committee further requests the Government to indicate the measures taken or envisaged to ensure that the personnel in these services are not required by the employer to verify the reasons for the absence from work.

Part VI of the report form. Further to its previous comments, the Committee notes the information that it is impossible for the Government to give the number of specialized services created as result of Regulation No. NR4 because of the variation in the number of these enterprises, their duration of existence and the size of the country which hinders a reliable registration system. The Government further indicates that Act No. 8080 gives access to the workplace to the health surveillance body attached to the Ministry of Health without resulting in the creation of specialized services for the moment. The Committee would be grateful if the Government would indicate the measures it proposes to take to overcome the difficulties encountered and to ensure better monitoring of the practical application of the provisions of the Convention.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the information provided in the Government's report. It requests the Government to provide additional information in its next report, on the following points:

Article 1, paragraph 2, of the Convention. 1. The Committee notes from the Government's report that Executive Order No. 3, of 10 March 1994, which prohibits exposure to and the use of various carcinogenic substances, is under revision due to technical difficulties in its application. The Committee further notes that Order No. 2 includes benzene in the list of carcinogenic agents substances classified with specific tolerance limits, under Regulatory Norm No. 15(NR-15), Annex 13. It would be grateful if the Government would provide information on the technical difficulties encountered in applying Order No. 3, and to supply a copy of the revised text.

2. In its previous comments, the Committee noted that section 4 of NR-15, Appendix 12, concerning tolerance limits with respect to asbestos, prohibits the use of all forms of asbestos from the amphibole group. The Committee also noted that section 4.1 of NR-15, Appendix 12, permits exemptions to the prohibition of substances in the amphibole group of asbestos, after consultation with the most representative workers' and employers' organizations concerned and provided that equivalent measures for the protection of workers' health can be guaranteed. The Government indicates in its latest report that no special authorizations for the special use of amphibolites have been granted. The Committee would request the Government to inform on any such exemptions which might be granted in the future pursuant to section 4.1 of NR-15, Appendix 12, indicating the manner in which any derogation certificates are issued and specifying in each case the conditions that have been met.

Article 1, paragraph 3, and Article 2, paragraph 2. The Committee notes Executive Order No. 4 of 11 April 1994 which provides for a new version of Annex 5 of NR-15 in relation to ionizing radiations. The Committee would in this connection draw the Government's attention to revised exposure limits contained in the 1990 Recommendations of the International Commission on Radiological Protection (ICRP) and the 1994 International Basic Safety Standards. Referring also to its 1995 observation under the Radiation Protection Convention, 1960 (No. 115), the Committee requests the Government to supply information on steps taken to reduce the maximum permissible doses in the light of the afore-mentioned Recommendations and Basic Safety Standards.

Article 2, paragraphs 1 and 2. The Committee notes that Inter-Ministerial Order No. 3 of 28 April 1982 states that since benzene can be replaced with less harmful substances, the manufacture of products containing benzene is prohibited, but the presence of benzene is allowed as a contaminating agent in a percentage of no more than 1 per cent in volume (section 1). The Committee requests the Government to indicate the effect, if any, that the revision of Executive Order No. 3 of 10 March 1994 may have on the prohibition against the manufacture of products containing benzene.

In addition, the Committee requests the Government to indicate whether any further measures have been taken or are envisaged to ensure that every effort is made in all possible cases to replace carcinogenic substances and agents to which workers may be exposed by non-carcinogenic substances or agents or by less harmful substances or agents. It also requests the Government to indicate the measures taken to reduce to a minimum the number of workers exposed to carcinogenic substances or agents, as well as the duration and the degree of their exposure.

Article 3. In its previous comments, the Committee noted that pursuant to Regulatory Norm No. 7(NR-7), medical examinations are provided to workers. The Government indicates in its report that a registration system for workers exposed to carcinogenic substances has not yet been established. The Committee hopes that an appropriate system of records will be established and requests the Government to provide information on measures contemplated in this regard. In this connection, the Committee also invites the Government to refer to Chapter 8 of the ILO Occupational Safety and Health Series No. 39 (Occupational cancer: Prevention and control), concerning registers and recording.

Article 5. In its previous comments, the Committee noted that by virtue of NR-7 and sections 168 and 169 of the Consolidated Labour Laws, workers are provided with pre-employment, periodic and discharge medical examinations at the expense of the employer. The Committee also referred to section 5.2 of the Occupational Safety and Health Series No. 39, which indicates the need for special biological monitoring. The Government indicates in its report that NR-7 is currently being revised and refers to special examinations for workers who may have been exposed to benzene. The Committee requests the Government to indicate if such special examinations are to be made available in cases of exposure to carcinogens other than benzene.

The Committee further requests the Government to indicate whether biological examinations are provided to workers exposed to carcinogenic substances; and whether any measures have been taken to provide medical or biological examinations subsequent to employment for workers exposed to carcinogenic substances or agents, in order to detect a cancer which may not be apparent until after the period of employment has ended.

Article 6(a). The Committee would be grateful if the Government would indicate the frequency and the extent of consultations of the representative workers' and employers' organizations concerned with respect to the revision of Executive Order No. 3 and NR-7.

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

The Committee notes with interest the information provided in the Government's first report. It requests the Government to provide further clarification, in its next report, on the following points:

Article 1, paragraph 2, of the Convention. The Committee notes that section 4 of NR-15, Appendix 12, concerning tolerance limits with respect to asbestos prohibits the use of all forms of asbestos from the amphibole group. Section 4.1 permits derogations of the above prohibition after consultation with the most representative workers' and employers' organizations concerned and provided that equivalent measures for the protection of workers' health can be guaranteed. The Government is requested to indicate whether any derogations have been granted and, if so, to indicate the manner in which certificates are issued specifying in each case the conditions to be met.

Article 2, paragraphs 1 and 2. The Government is requested to indicate the measures taken to ensure that every effort is made in all possible cases to replace carcinogenic substances and agents to which workers may be exposed by non-carcinogenic substances or agents or by less harmful substances or agents. The Government is also requested to indicate the measures taken to reduce to a minimum the number of workers exposed to carcinogenic substances or agents, as well as the duration and the degree of their exposure.

Article 3. The Committee notes from the Government's report that medical examinations are provided to workers by virtue of NR-7. The Government is requested to indicate the measures taken to establish an appropriate system of records with respect to workers exposed to carcinogenic substances. In this regard, the Government may wish to refer to Chapter 8 of Occupational Safety and Health Series No. 39 (Occupational Cancer: Prevention and Control) concerning registers and recording.

Article 5. The Committee notes that by virtue of NR-7 and sections 168 and 169 of the Consolidated Labour Laws, workers are provided with pre-employment, periodic and discharge medical examinations at the expense of the employer. The Committee would call the Government's attention to section 5.2 of the Occupational Safety and Health Series Publication No. 39 which indicates the need for special biological monitoring and requests the Government to indicate whether biological examinations are also provided to workers exposed to carcinogenic substances. The Government is also requested to indicate the measures taken to provide medical examinations subsequent to employment for workers exposed to carcinogenic substances or agents in order to detect a cancer which may not be apparent until after the period of employment has ended.

Article 6(a). The Government is requested to indicate the manner in which the representative workers' and employers' organizations concerned are consulted with respect to the steps taken to give effect to the provisions of the Convention.

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

The Committee notes with interest the information provided by the Government in its first and second reports. It requests the Government to provide further clarification, in its next report, on the following points:

Article 3, paragraphs 1, 2 and 3, of the Convention. The Committee notes that Regulation No. 4 (NR4) provides for the setting up of specialized services in safety engineering and occupational medicine for the promotion of workers' health in both public and private enterprises. The Government has indicated in its report, however, in reply to points IV and V of the report form that it is not able to specify the number of workers covered by the legislation applying the Convention. The Government is requested to provide information on the plans drawn up for the establishment of occupational health services for the workers not covered by the existing schemes and to report on any progress made in the implementation of these plans.

Article 15. The Committee notes that Regulation No. 4 provides for the specialized services in safety engineering and occupational medicine to analyse and register data concerning occupational accidents and diseases. The Government is requested to indicate the manner in which these services are informed of occurrences of ill health amongst workers and absences from work for health reasons, whether or not an occupational disease is registered, in order that they might better analyse the factors in the working environment which might affect workers' health. The Government is also requested to indicate the measures taken to ensure that the personnel in these services are not required by the employer to verify the reasons for absence from work.

Point VI of the report form. The Government is requested to provide information on the practical application of the Convention, including extracts from inspection reports, statistics on the number of specialized services created by virtue of NR4, the number of workers covered by the services created within the framework of the comprehensive health scheme established under Act No. 8080, and to indicate any difficulties which might have arisen in the implementation of the relevant legislation.