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.