Demande directe (CEACR) - adoptée 1992, publiée 79ème session CIT (1992)

Convention (n° 148) sur le milieu de travail (pollution de l'air, bruit et vibrations), 1977 - Brésil (Ratification: 1982)

1. The Committee notes the information supplied by the Government in its report. It notes in particular that Decree No. 3223 of 29 July 1989 to revise the occupational health and safety legislation established working groups to examine and revise the law, including the regulations applicable to rural workers. According to the information supplied by the Government, the work carried out at the state level has been submitted for analysis to the Department of Occupational Safety and Health. The Committee requests the Government to indicate any progress made in this regard.

Article 1, paragraph 1, of the Convention. Further to its previous comments on the application of the Convention to rural workers, the Committee notes the information supplied by the Government to the effect that the criteria for determining the exposure risk to air pollution, noise and vibration in rural work are established by Rural Regulation No. 1, approved by Decree No. 3067 of 12 April 1988; this Regulation refers to Regulation No. 15, approved by Decree No. 3214 of 8 June 1978. The Committee notes the information supplied by the Government to the effect that Regulation No. 15 does not cover all the hazards inherent in rural activities, and particularly those resulting from the use of chemical substances in the rural environment. It adds that, on the occasion of the revision of the Rural Regulations, the relevant provisions will be expanded to cover this aspect.

The Committee hopes that the changes that are under way will take due account of the requirements of the Convention in respect of rural workers and requests the Government to supply the text of the amended provisions when they have been adopted.

Article 8, paragraph 3. The Committee referred in its previous comments to the increase in occupational hazards resulting from simultaneous exposure to several harmful factors at the workplace. It notes the information supplied by the Government to the effect that this issue has been taken into account by the experts in their current revision, which covers Regulation No. 15. The Committee requests the Government to supply the text of the relevant provisions when they have been adopted.

The Committee also noted in its previous direct request that Order No. 3067 of 12 April 1988, to approve regulations respecting occupational safety and health for rural workers, does not establish criteria for the definition of the exposure risks to air pollution, noise and vibration.

The Committee hopes that criteria for the determination of exposure risks have been provided for in the above-mentioned texts that are currently under revision.

In its previous comments, the Committee noted that the regulations adopted pursuant to the Consolidation of Labour Laws to establish exposure limits and other measures necessary for the application of the Convention, do not specifically apply to rural workers.

The Committee hopes that the revision work that is currently under way will specifically supplement the legislation respecting rural work as regards the application of exposure limits for air pollution, noise and vibration.

Article 11, paragraph 3. Further to its previous comments, the Committee notes the information supplied by the Government in its report on the various rehabilitation measures for the victims of industrial accidents. The Government also cites section 300 of the Consolidation of Labour Laws, which provides for the transfer for health reasons of an employee engaged in work underground to work on the surface. The Committee requests the Government to indicate the measures that have been taken to provide for the transfer of a worker, irrespective of the sector of activity, to another job where continued assignment to work involving exposure to air pollution, noise or vibration is found to be medically inadvisable, and not only in the event of an accident.

Article 12. The Committee notes the information supplied by the Government in reply to its previous direct request. It notes the provisions referred to by the Government covering the various authorisations and approval that are necessary concerning installations. The Government also refers to the obligation to provide prior notification in two cases (ionising radiation and ethylene oxide). The Committee notes the Government's statement that there are no other obligations to provide notification in the sense of the Convention, but that this question will be examined during the revision of the occupational health and safety legislation.

The Committee wishes to point out that the Convention establishes the obligation to provide notification of the use of processes, substances, machinery and equipment which involve the exposure of workers to occupational hazards in the working environment due to air pollution, noise or vibration at the workplace. The Committee hopes that this point has been duly taken into account in the current revision and requests the Government to supply the relevant texts when they have been adopted.

2. The Committee notes the Government's statement that the available statistics are not sufficient to give a picture of the extent to which the Convention is given effect in practice.

The Committee requests the Government to supply documents such as extracts from the reports of the inspection services or to indicate other practical measures relating to the application of the Convention.