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Occupational Cancer Convention, 1974 (No. 139) - Brazil (Ratification: 1990)

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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 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.

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.

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 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.

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.]

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 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 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 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.