Workmen's Compensation (Occupational Diseases) Convention (Revised), 1934 (No. 42) - Brazil (RATIFICATION: 1936)

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The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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Referring to its 2008 direct request, the Committee notes with interest the Government’s statement that the new methodology for the recognition of occupational diseases introduced by Decree No. 6042 of 12 February 2007 would allow anthrax infection contracted by employees engaged in the loading, unloading or transport of merchandise to qualify as an occupational disease. According to the Government’s report, even though anthrax infection is not listed by Annex II to Decree No. 3.048 of 6 May 1999 establishing the schedule of occupational diseases, the issuance of an Occupational Accident Report (CAT) is no longer a prerequisite for the recognition of an occupational nature of a disease. Henceforth, the medical expert of the National Social Security Institute can grant such recognition whenever the analysis of a specific case can show that the cargo handler or transporter was exposed to potentially contaminated products or materials, taking into account the International Classification of Diseases (ICD 10) and the National Classification of Economic Activities (CNAE) used for identification of the Technical Epidemiological Social Security Nexus (NTEP). In addition, the Government has supplied statistical information for 2009 and 2010 showing that approximately 25 per cent of all industrial accidents and occupational diseases are now recognized on the basis of the new methodology. In view of the above information and the provisions of Decree No. 3.048, List B (established by Decree No. 6.957 of 2009), the Committee considers that the new methodology introduced in 2007 offers sufficient guarantees allowing workers engaged in the loading, unloading or transport of merchandise in general who contract anthrax infection to obtain the recognition of the occupational origin of their disease.

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With reference to its previous comments, the Committee notes the Government’s indication that the schedule of occupational diseases established in Annex II of the Decree establishing the schedule of occupational diseases (Decree No. 3048 of 6 May 1996, as amended) is of an indicative and not a limitative nature, both with regard to the pathologies and chemical substances enumerated and the corresponding occupations and processes. It also notes that, further to the amendments made to the above Decree by Decree No. 6042 of 12 February 2007, a new methodology has been introduced with a view to establishing the causal link between a disease and its occupational origin. This takes into consideration the International Statistical Classification of Diseases and Related Health Problems and allows the recognition of the occupational origin of diseases which are not included in the national schedule where a technical epidemiological link is established. Moreover, the procedure does not require the victim of the disease to bear the burden of proving the occupational origin of the pathology. Finally, in cases where the causal link cannot be established through the new procedure, medical experts from the Social Security Institute are able to reclassify the disease as an occupational disease on the basis of an analysis carried out in individual cases.

The Committee takes due note of this information and requests the Government to specify whether, as it understands, the loading, unloading or transport of merchandise, although not explicitly enumerated in the schedule among the occupational activities presumed to be the cause of anthrax infection, could nevertheless be considered, through the new mechanism that has been established, as being the cause of this infection among employees in these sectors. It would also be grateful if the Government would keep it informed in future reports of the operation of the supplementary system for the recognition of occupational diseases in practice, including statistics on the number of cases examined each year by the competent bodies for the recognition of occupational diseases, and the rate of favourable findings.

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1.  The Committee notes the abundant documentation sent by the Government with its report, and the adoption of Decree No. 3048 of 6 May 1996 to which a new schedule of occupational diseases is appended.

2.  The Committee notes with interest that the new schedule of occupational diseases is very exhaustive and includes more occupational diseases than the one previously in force. It nonetheless notes that, in respect of anthrax infection, the column setting out the etiological agents or risk factors of an occupational nature (list B, point II) omits, as did the previous list, the loading, unloading or transport of merchandise, as required by the Convention. The Committee recalls in this connection that the purpose of the Convention is to protect workers who have to handle such a variety of merchandise that it would be difficult if not impossible for them to prove that they have been in contact with infected merchandise. In these circumstances the Committee asks the Government to state how, in practice, the presumption of the occupational nature of anthrax infection is guaranteed without the worker having to prove that the merchandise handled has been contaminated by infected animals or animal carcasses.

3.  The Committee again asks the Government to indicate whether the list of activities comprising a risk (right-hand column, Annex 2 of Decree No. 3048 of 1999) is indicative or limitative in respect of the following: poisoning by phosphorous, poisoning by arsenic, poisoning by benzene, poisoning by the halogen derivatives of hydrocarbons of the aliphatic series and pathological disorders due to ionizing radiation.

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1. The Committee notes that, concerning anthrax infection, the list of corresponding trades, industries or processes contained in the list of occupational diseases in Annex II of Decree No. 611 of 1992 does not include the loading, unloading, or transport of merchandise, as prescribed by the Convention. The Committee hopes that the Government will take the necessary steps to give full effect to the Convention on this point, for instance, by adopting a list of corresponding occupations similar to the list contained in item 18 of Ordinance No. 10 of 23 November 1964.

2. The Committee requests further information on whether the list of occupations concerning the following diseases contained in Annex II of Decree No. 611 of 1992, is of an indicative or limitative nature: poisoning by phosphorus, arsenic, benzene, or halogen derivatives of hydrocarbons of the aliphatic series; or pathological manifestations due to ionising radiation.

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Further to its previous comments, the Committee notes with satisfaction that anthrax infection has been included in the new national list of occupational diseases (Decree No. 611 of 21 July 1992, Annex II, item 25, concerning diseases caused by micro-organisms and infectious parasites). The Committee has raised certain other questions in a request addressed directly to the Government.

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In its report, the Government considers that the reinsertion of anthrax infection into the national schedule of occupational diseases, which had been done by virtue of Order No. 10 of 23 November 1964, would once again result in inequalities since there are other diseases which are contracted through contact with infected animals. It is of the opinion that it would be necessary to include in the schedule of occupational diseases an item similar to the one appearing in the schedule (amended in 1980) of the Employment Injury Benefits Convention, 1964 (No. 121), which considers as occupational diseases "infectious or parasitic diseases contracted in an occupation where there is a particular risk of contamination". Furthermore, in its communication in reply to the Committee's 1990 direct request, the Government states that it will continue to study the possibility of inserting anthrax infection into the schedule of occupational diseases. The Committee takes due note of this information.

The Committee therefore hopes that the Government will take the necessary measures in the near future to bring the schedule of occupational diseases established by Decree No. 83.080 of 24 January 1979 into conformity with the Convention as regards anthrax infection, either by including anthrax infection as such in the schedule of occupational diseases and by including among the work that is liable to cause it, the loading and unloading or transport of merchandise, or by inserting an item concerning infectious or parasitic diseases contracted in an occupation where there is a particular risk of contamination, provided that it is accompanied by a schedule of the work involving exposure to the risk concerned as set out in the right-hand column of item No. 29 (as amended in 1980) in the schedule to Convention No. 121, and particularly the types of work mentioned in point (c) "work handling animals, animal carcasses, parts of such carcasses or merchandise which may have been contaminated by animals, animal carcasses or parts of such carcasses".

The Committee requests the Government to indicate any progress achieved in this respect.

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With reference to its previous comments, the Committee notes the Government's statement that the Secretary for Occupational Safety and Medicine has shown interest in reinserting anthrax infection into schedule V to the list of occupational diseases appearing in Decree No. 83-080 of 24 January 1979.

The Committee once again hopes that the steps that were announced previously by the Government will result in the near future in the inclusion in the list of occupational diseases appearing in schedule V to the above Decree of anthrax infection and of the work likely to cause it, namely the loading and unloading or transport of merchandise in general, as set out in Article 2 of the Convention. [The Government is asked to report in detail for the period ending 30 June 1991.]