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Prevention of Major Industrial Accidents Convention, 1993 (No. 174) - Brazil (RATIFICATION: 2001)

The Committee notes the information provided by the Government on the effect given to the following Articles of the Convention: Articles 10–12 (safety report); 13 and 14 (accident report); 15 (emergency plans and procedures); 16 (dissemination of information on safety measures to adopt in the case of a major accident); and 20 (rights of workers and their representatives).

Article 4 of the Convention. Formulation, implementation and review of a coherent national policy concerning the protection of workers, the public and the environment against the risk of major accidents. The Committee notes the information provided by the Government in its report indicating that the prevention of major industrial accidents forms part of its National Occupational Safety and Health Policy (PNSST), adopted by Decree No. 7.602 of 7 November 2011. The PNSST is being implemented through the National Occupational Safety and Health Plan (PLANSAT), and the Tripartite Committee on Occupational Safety and Health (CTSST) is responsible for overseeing the implementation of both instruments and for their periodic review. According to the Government, the decisions of the CTSST regarding the PLANSAT and the PNSST do not only affect specific economic sectors, but also more general levels, including decisions that address major industrial accidents. In relation to its previous comments, the Committee further notes the information on various government agencies that participate in the application of the Convention, in particular the National Commission on Chemical Safety (CONASQ), the Standing Joint Tripartite Committee (CTPP) and the Tripartite Study Group on Convention No. 174. The Committee nevertheless notes that the Government refers in general terms to a national protection policy and the competencies of the institutions mentioned above, but does not provide specific information on this policy or on specific progress that has been made in relation to this Article of the Convention. The Committee requests the Government to provide specific information on the policy to prevent major industrial accidents. The Committee also requests the Government to continue providing information on any progress made in the CONASQ and the Tripartite Study Group on Convention No. 174.

Article 5. Establishment of a system for the identification of major hazard installations. Article 7. Identification of major hazard installations. Article 9. Establishment and maintenance of a documented system of major hazard control. The Committee notes that, in its report, the Government refers in general terms to regulations and standards, but does not explain the specific manner in which these legal provisions give effect to these Articles of the Convention. The Committee reminds the Government that, in accordance with these Articles of the Convention, member States are required to: (i) establish a system for the identification of major hazard installations (Article 5); (ii) require employers to identify major hazard installations on the basis of the system established by the Government under Article 5 (Article 7); and (iii) ensure that employers establish and maintain a documented system of major hazard control (Article 9). The Committee requests the Government to provide information on the manner in which the legislative provisions referred to in the report give effect to these Articles of the Convention.

Article 6. Measures to protect confidential information transmitted to the competent authority. The Committee notes Decree No. 4.552 of 27 December 2002, in accordance with which labour inspectors cannot disclose manufacturing or trade secrets or information to which they have had access during the course of their duties. The Committee notes, however, that this provision does not give effect to this Article of the Convention, in so far as the information transmitted to the competent authorities, in accordance with Articles 8, 12, 13 and 14 of the Convention, does not require the intervention of the labour inspectorate. The Committee requests the Government to take the necessary legislative and practical measures to give effect to this Article of the Convention and to provide information on this regard.

Article 17. Comprehensive siting policy and the localization of major hazard installations. The Committee notes the Government’s reference to the PNSST. The Committee nevertheless notes that this reference is general and does not respond to its previous request. The Committee requests the Government to provide specific information on the comprehensive siting policy arranging for the appropriate separation of proposed major hazard installations from working and residential areas and public facilities, and the measures adopted in relation to existing installations.