Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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

Further to its observation, the Committee requests the Government to provide additional information on the following points.

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) continues its 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. It notes, inter alia, that in 2009 a metallurgical company which will use the heat recovery process which prevents the exposure to benzene will be put in operation. The CBPBz will evaluate the efficiency of this project. A similar project is already in operation in Spirito Santo. The Committee also notes that the CBPBz has set the following priorities for the negotiations: objective criteria for creating an inventory of enterprises that produce, use, handle, and transport benzene; training for workers and specialists; construction of offices for the promotion of the application by employers of Decree No. 776/2004; and a research project on the exposure of workers to benzene in petrol stations. The Committee requests the Government to provide information on the implementation of these priorities, on all measures taken or envisaged to ensure a full implementation of these Articles and their impact in practice.

Article 6, paragraph 2. Level of concentration of benzene in the air of places of employment. The Committee notes that according to the report, the question of lowering the reference value in metallurgical industries is being discussed in the CNPBz, but that this question is not a priority for the employers. As a result, the CNPBz has decided to focus its efforts on the development of best practices and the incorporation of new technology. The Committee asks the Government to continue to inform it on progress made on this issue and on the impact of these measures in practice.

Article 7, paragraph 2, and Article 8, paragraph 1. The removal of benzene vapour and adequate means of personal protection against the risk of absorbing benzene through the skin. With reference to its previous comments, the Committee notes that, according to the report of the Government, activities which imply handling of benzene are regulated by specific legislation on benzene (Annex 13-A of the National Agreement on Benzene, 1995) and general laws which impose on the employer the obligation to prevent risks and to take certain measures to ensure that benzene vapour is removed as well as protection against the risk of absorbing benzene through the skin. The Committee requests the Government to provide information on the application of these measures in practice including any progress achieved, with reference, as appropriate, to extracts from relevant documents such as research projects or labour inspection reports.

Part IV of the report form. Application in practice. The Committee notes that, according to the Government, the Programme for the Prevention of Occupational Exposure to Benzene (PPEOB) is a programme of risk prevention which is coupled with specific requirements concerning working environments where benzene is used. It is a programme that should be developed by employers that produce, use, handle or transport benzene and is subject to the control of the Ministry of Labour as well as the national and regional benzene committees. The Committee asks the Government to submit copies of some examples of PPEOB and to provide information on how they are applied in practice, including in the enterprises the Committee refers to in its observation.