Observation (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Legislation. The Committee notes with satisfaction the adoption by the National Committee on Nuclear Energy (CNEN) of standard NN 3.01/2005 which, inter alia, establishes exposure limits which are in line with those recommended by the International Commission on Radiological Protection (ICRP) for workers who are directly engaged in radiation work, pregnant workers and in emergency situations to which the Committee referred in its 1992 general observation on the Convention in relation to Articles 3(1), and 6(2), of the Convention.

Article 1. Competent authority. With reference to its previous comments, the Committee understands that Decree No. 2210/97 continues to be fundamental with regard to the distribution of competencies in relation to the Convention. This Decree creates the Protection System for the Brazilian Nuclear Programme (SIPRON) which establishes the functions and relationship of the CNEN, the Coordinating Committee for Protection concerning the Brazilian Nuclear Programme (COPRON), the Ministry of Labour and the Jorge Duprat Figueiredo Foundation of Occupational Safety and Medicine (FUNDACENTRO) in the drafting of standards on radiation protection. In this regard, the Government indicates that the body responsible in Brazil for standards on radiation protection is the CNEN, which is linked to the Ministry of Science and Technology, and that the Ministry of Labour plays a complementary role. The Committee requests the Government to provide: (a) information on the manner in which the competent authority consults representatives of employers and workers when drafting such standards in accordance with this Article of the Convention, and (b) information on the consultations held during the period covered by the next report.

Articles 3(1) and 6(2). Pregnant workers. The Committee notes that according to paragraph 5.4.2.2 of the standard mentioned, workers exposed to radiation in the course of their work must undergo monitoring from the declaration, and for the remaining duration, of their pregnancy, to the extent necessary to ensure that the foetus does not receive an effective dose superior to 1 mSv. The Committee requests the Government to provide information on the measures taken to ensure that all pregnancies are declared without delay, as indicated in its 1992 general observation on the Convention, and on any protection measures taken with regard to women of child-bearing age.

Article 14. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. In its previous comments, the Committee requested the Government to indicate the steps taken or envisaged, with a view to ensuring effective protection of workers, to provide alternative employment to workers who have accumulated exposure beyond which an unacceptable risk of detriment could occur. The Committee notes that the activities of the Department of Safety and Health relate to the prevention of occupational accidents and health hazards but also notes that these activities do not include matters such as offering alternative employment to workers exposed to radiation or other harmful agents beyond the authorized limits. The Committee draws the Government’s attention to the fact that the indication that the Department of Safety and Health is not competent to deal with alternative employment is irrelevant since the obligations assumed when ratifying the Convention are obligations of the Government and not of a particular ministry or department. Recalling paragraphs 28–34 and 35(d) of its 1992 general observation on the Convention  and the Basic Safety Standards for Radiation Protection, which recommend establishing the possibility of alternative employment or social security measures for all workers who have accumulated an effective dose beyond which detriment considered unacceptable may occur, the Committee requests the Government to provide information on the measures taken to that end.

Part V of the report form. Application in practice. The Committee notes that the Government provides very little of the information requested by the Committee on the application of the Convention in practice and that it indicates that it is unable to provide such information since it is beyond the remit of the Ministry of Labour. The Committee considers that there is a series of standards and institutions in Brazil which meet the requirements of the Convention but that it is not possible to obtain a comprehensive picture concerning the application of the Convention if it does not have information on its application in practice. The Committee requests the Government to provide information on the protection measures to ensure that the exposure limits established in standard NN 3.01/2005 are not exceeded in practice. Furthermore, it requests the Government to make an effort to obtain from the relevant institutions the information requested by the Committee in the last paragraph of its previous observation and to provide it together with any information available on the application of the Convention in practice, including, for example, a copy of the radiological protection plans under standard NN 3.01/2005, as well as information on their application in practice. Furthermore, referring to its comment on the application of the Occupational Safety and Health Convention, 1981 (No. 155), in particular concerning the difficulties encountered by the labour inspectorate in enforcing the legislation in certain companies, the need for a coherent policy and the coordination between the various authorities, the Committee requests the Government to take these aspects into account with regard to Convention No. 115 and to provide information on this matter.