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

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

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.