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

Benzene Convention, 1971 (No. 136) - Brazil (Ratification: 1993)

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.