Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Asbestos Convention, 1986 (No. 162) - Brazil (Ratification: 1990)

Other comments on C162

Observation

Direct Request

2011
2009
2005
2003
1994

Display in: French - SpanishView all

With reference to its observation, the Committee requests the Government to provide information on the following points.

Article 3(2) of the Convention. Periodical review of national laws and regulations in light of technical progress and advances in scientific knowledge. With reference to its previous comments, the Committee notes the Government’s indication that it is constantly open to the possibility for workers’ and employers’ representatives to make proposals to amend the relevant standards in the Standing Joint Tripartite Commission (CTPP), but that the need for approval by consensus of any amendment to the legislation imposes a slow decision-making process. Nevertheless, the Committee notes that the Government does not provide information on the intervals at which the review is undertaken, nor on the proposals for revision made under the terms of this Article. The Committee recalls that it is the obligation of the Government to ensure that the national laws and regulations adopted under paragraph 1 of this Article are reviewed periodically in the light of technical progress and advances in scientific knowledge. Such a review cannot depend on the proposals made by workers and employers, but it is the responsibility of the Government to undertake such a periodical review after consultation with the most representative organizations of employers and workers concerned. The Committee requests the Government to adopt the appropriate measures to ensure the periodical review envisaged in this Article and to provide detailed information on this subject.

Article 10(a). Replacement of asbestos or of certain types of asbestos or products containing asbestos by other materials or products or the use of alternative technology. The Committee notes the Government’s indication that the intensification of inspections and the increase in taxes on the extraction and industrial processing of asbestos is leading to a gradual equalization of prices and, when associated with the dissemination of social information on the pernicious effects of asbestos, is promoting the gradual replacement of asbestos in Brazil. The Committee notes the emphasis placed by the Government on the work of the labour inspection services and points out that this Article requires legislative measures, rather than inspection. The Committee requests the Government to provide information on the legislative measures that are adopted or envisaged to give effect to this Article of the Convention.

Article 10(b). Total or partial prohibition of the use of asbestos or of certain types of asbestos or products containing asbestos in certain work processes. The Committee notes that, according to the Government’s report, reference should be made at the federal executive level to Order NMA No. 43 of 28 January 2009, through which the Ministry of the Environment and agencies related to the Ministry establish a prohibition. It further notes the Government’s indication, at the level of the National Congress, of the submission of the final report of the Working Group of the Environment and Sustainable Development Commission of the Chamber of Deputies, on 14 May 2010, which proposes the prohibition of all forms of asbestos. The Government indicates that the National Association of Labour Prosecutors and the National Association of Labour Court Magistrates launched an appeal for section 2 of Act No. 9055, of 1 June 1995, to be declared unconstitutional, which would result in the prohibition of the extraction, industrialization and commercial use of chrysotile asbestos. The Government indicates that, at the state level, there are laws prohibiting its use in the states of São Paulo, Rio de Janeiro, Rio Grande Do Sul and Pernambuco (Act No. 12589 of 2004). The Committee requests the Government to continue providing information on the legislative measures adopted with view to ensuring, where necessary to protect the health of workers and technically practicable: (1) the total or partial prohibition of the use of asbestos or of certain types of asbestos; and (2) of certain products containing asbestos in certain work processes.

Article 5. Adequate and appropriate inspection. The Committee notes the general indications provided by the Government on the operation of the labour inspection services, but that it does not provide specific information on the activities that may be undertaken by the Labour Inspectorate to ensure the application of the provisions of the Convention. The Government indicates that the inspection services, in the field of occupational safety and health, place emphasis on sectors in which there is a greater incidence of accidents, and that in sectors in which this is not the case, complaints involving a serious risk to the health and safety of workers are examined immediately. This is in contradiction with the Government’s assertion that inspection has been intensified in the areas noted previously by the Committee. The Government indicates that various projects are being carried out to verify the tolerance limits envisaged in the legislation, including in relation to asbestos. The Committee requests the Government to provide information on the activities undertaken by the Labour Inspectorate to ensure the application of the Convention, and to provide information on this subject.