Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

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

Other comments on C139

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Articles 1 and 2. Periodic determination and replacement of carcinogenic substances and agents. In its previous comment, the Committee requested the Government to take the necessary measures to periodically determine carcinogenic substances and agents, and to provide information on the measures adopted or envisaged for the replacement of asbestos and other carcinogenic substances and agents. The Committee notes with interest the publication of the national list of substances that are carcinogenic for humans (LINACH – Inter-ministerial Decree No. 9 of 2014). The Government indicates that the LINACH is updated every six months. Furthermore, Annexes 12 and 13 of Regulatory Standard No. 15 (Unhealthy activities and operations), respectively, establish tolerance limits for mineral dust, including asbestos, and requirements for activities involving carcinogenic chemicals, including the prohibition of exposure or contact in certain cases. Regarding asbestos, the Committee notes with interest that on 29 November 2017 the Supreme Federal Court of Brazil (STF) found the Law No. 9.005 of 1995, which regulates the extraction, use, marketing and transport of asbestos and products containing asbestos, as well as of natural and artificial fibres of any origin, used for the same purpose, to be unconstitutional. The decision of the STF bans the production, commercialization and use of asbestos in the country.