Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

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

1. The Committee notes the comments of the Union of Workers in the Road Transport of Liquids and Gases, Oil Derivatives and Chemical Products (SINDILIQUIDA/RS), which were received with attachments on 4 October 2007 and sent to the Government on 8 November 2007. It notes that these observations relate to the alleged non-application of the following Articles of the Convention: Article 5, Preventive occupational hygiene and technical measures; Article 6, Measures taken to prevent the escape of benzene vapour into the air of places of employment; Article 8, Adequate means of personal protection against the risk of absorbing benzene through the skin and of inhaling benzene vapour; Article 9, Periodic medical examinations and exceptions; Article 14(c), Inspection services. The Committee requests the Government to reply to the observations made by SINDILIQUIDA/RS.

2. The Committee also notes its previous comments relating to the Government’s reply to the observations made by several unions from various industries, and it once again invites the Government to make comments on the following matters.

3. 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 Standing National Benzene Commission (CNPBz) has initiated a discussion on the adoption by companies of best practices and the use of new technologies and equipment with a view to achieving the objectives set out in Annex 13 of Normative Regulation No. 15 of Ordinance No. 3214 of 1978. Seminars and technical meetings have been organized with a view to reaching an agreement on substantive technical changes in industrial processes. Workshops are also envisaged to discuss the best practices to be adopted in relation to certain equipment, such as vents and flanges, oil–water separators, hermetic doors in coking plants and other relevant technical matters. The Committee hopes that these activities will result in a more effective application of these provisions of the Convention in the various types of factories, including those which use benzene in the process of producing alcohol anhydride as a dehydrating agent in azeotropic distillation, in relation to which Administrative Decree SSST No. 27 of 8 May 1998 establishes deadlines for the replacement of benzene. The Committee requests the Government to keep it informed of the outcome of these discussions and of any progress achieved in this respect. It once again requests the Government to provide a copy of the above Administrative Decree.

4. Article 6, paragraph 2. Level of concentration of benzene in the air of places of employment. The Committee notes the proposal made by employers during the ordinary meeting of the CNPBz in June 2005 to reduce the technical reference value applicable in the metal sector from 2.5 to 1 ppm. This value would be immediately applied to new enterprises, while others would have a period of ten years to adapt. The Committee also notes that the workers and the Government made a counterproposal of a reference value of 1 ppm for the steel sector and 0.5 ppm for petrochemicals. This value would be immediately applied to new enterprises, while other enterprises would have a period of five years to adapt. The Committee requests the Government to keep it informed of the outcome of the negotiations on reference values at forthcoming meetings of the Standing National Benzene Commission, and any progress achieved in this respect.

5. Article 7, paragraph 2. Measures taken to ensure that places of work in which benzene or products containing benzene are used are equipped with effective means to ensure the removal of benzene vapour. In its previous comment, the Committee drew the Government’s attention to the need to install ventilation systems in workplaces, not only when a high concentration of benzene may occur (as laid down in section 5.4 of Annex 13-A to the Agreement on Benzene, 1995), but also whenever it is not practicable for the work processes to be carried out in an enclosed system. As the Government’s latest report does not contain any information on this point, the Committee once again requests the Government to adopt measures to give effect to this provision.

6. 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 protection of workers whenever they may have skin contact with liquid benzene or products containing benzene, and not only in critical situations, as established in section 5.4 of Annex 13-A of the Agreement on Benzene, 1995. As the Government’s latest report does not contain any information on this point, the Committee once again requests the Government to adopt measures to give effect to this provision.

7. With reference to its previous comments and in the absence of specific information on this matter, the Committee requests the Government to indicate whether the Programme for the Prevention of Occupational Exposure to Benzene (PPEOB), which was to be established pursuant to section 5 of Annex 15-A to the national Agreement on Benzene, 1995, has already been adopted and has been implemented; it also requests the Government to provide a copy of the Programme with its next report.

[The Government is asked to reply in detail to the present comments in 2008.]