Observation (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 170) sur les produits chimiques, 1990 - Brésil (Ratification: 1996)

Autre commentaire sur C170

Observation

2011
2009
2007

Demande directe

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Article 4 of the Convention. Formulation, implementation and periodic review of a coherent policy on safety in the use of chemicals at work, in consultation with the most representative employers’ and workers’ organizations. The Committee notes the Government’s statement concerning the procedure for the drawing up of regulatory standards for technical details, which complement international and domestic standards on occupational safety and health (OSH). The Government indicates that in Brazil the first stage in the drafting or amendment of a regulatory standard is the definition by the Standing Joint Tripartite Committee (CTPP) of the subjects to be discussed, and then a technical group is established which submits a draft to a tripartite working group (GTT), which draws up the proposal to be presented to the CTPP. It also mentions the technical cooperation agreement signed between the Ministry of Labour and the National Institute of Metrology, Standardization and Industrial Quality. The Committee notes that this system enables consultations regarding the formulation or modification of a standard but also recalls that this Article of the Convention also requires consultations with the social partners during implementation and review and establishes that this must take place at intervals in order to ensure a follow-up mechanism capable of taking the necessary corrective action that arises from the application of that policy in practice. The Committee requests the Government to indicate whether a tripartite group exists for follow-up on the application of the Convention and also to indicate the arrangements for periodic review and consultation under this Article of the Convention during the reporting period.

Article 12. Exposure to chemicals and assessment thereof. Article 13. Assessment of the risks arising from the use of chemicals at work, exposure limits and measures to deal with emergencies. Article 15. Information and training for workers. Petrochemical industry. In its previous comments the Committee referred to the observations made by the Río Grande do Sul Union of Workers for the Road Transport of Liquids and Gases, Oil Derivatives and Chemicals (SINDILIQUIDA/RS), alleging the violation of the abovementioned Articles and according to which the Petrobrás Distribuidora enterprise had neither formulated nor implemented a programme for the prevention and control of occupational exposure to chemicals, nor had it implemented any measures for the prevention of occupational accidents or to prepare for emergencies, including the training of workers to that end, nor had it carried out any biological controls with regard to workers. The union also indicates that this situation is duplicated in other enterprises in the sector. The Committee notes with interest the detailed information supplied by the Government concerning the action of the labour inspectorate to ensure the application of the provisions of the Convention, stating that Petrobrás Distribuidora handed over a CD at the judicial hearing containing the enterprise’s hazard prevention plans and an extract included by the Government stating that SINDILIQUIDA/RS admitted that there was compliance with the abovementioned points. The Committee also notes the detailed information from the Government concerning the action taken by the labour inspectorate in the petrochemical industry, including at the Petrobrás Tranporte SA (TRANSPETRO), Petrobrás Distribuidora, Shell Brasil and Ipiranga companies, and in particular the action taken to comply with the present Articles of the Convention. The Committee will continue to follow up on any specific issues which may arise relating to the abovementioned communication in its comments on the Benzene Convention, 1971 (No. 136), and the Occupational Cancer Convention, 1974 (No. 139). The Committee further notes that, according to a document enclosed from the Labour Inspection Department of 14 December 2007 (Case No. 46011.000096/2007-62), other major obstacles to the effectiveness of the labour inspectorate are decisions issued by the judiciary and legislature, which often interfere in the results of inspection activity without due commitment to the safety and health of the workers. According to this document, the judiciary has overturned emergency measures, accepting the employers’ argument that plant stoppages would cause serious economic damage, without taking due account of the hazard represented by continuation of the work, and examples are provided. Finally, the document indicates that the labour inspectorate duly complies with its obligations and that the solution to this situation of legal ineffectiveness lies outside the scope of the competence of the Labour Inspection Secretariat. The Committee observes that the labour inspectorate in Brazil is thorough in its tasks and considers that the labour inspectorate can contribute to the application of the Convention but that the responsibility for ensuring the application of the Convention lies with the Government and not just with one entity. Furthermore, the present Convention requires coherent national policies such as those established in Article 4 and the harmonization of the various bodies and authorities involved in its application. The Committee hopes that the Government will take all the necessary measures to ensure that all state authorities are in a position to contribute to the full application of the Convention and requests it to continue to supply information on the application of the Articles listed at the beginning of this paragraph.

Part V of the report form. Application in practice. Articles 6 and 7. Criteria for the classification of chemicals and assessment of hazardous properties of mixtures. Article 16. Cooperation between employers and workers with respect to safety in the use of chemicals. Article 17. Duty of workers to cooperate with their employers in the discharge by the employers of their responsibilities. Article 18(3). Rights of workers and their representatives. The Committee notes that the report contains information on the activities of the labour inspectorate. The Committee indicates that this Convention involves the activity of various competent authorities and that the application of specific Articles goes beyond the scope of the enterprise and the labour inspectorate, as, for example, in the case of Article 6 of the Convention. The Committee requests the Government to provide a general description of the manner in which the Convention is applied in practice, including the Articles referred to in this paragraph. The Committee again requests the Government to provide information on the number of workers exposed to chemicals and on the trends observed regarding the type of violations specifically relating to the provisions of the Convention.