Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee takes note of the Government’s report in response to its previous comments. It further notes the Government’s indications with regard to a number of legislative projects predicted in the field of occupational safety and health.

With regard to the adoption of legislative texts addressing the specific requirements laid down by Article 3 of the Convention, the Committee notes again the Government’s indication that the draft regulations on the safe use of asbestos have been elaborated with the participation of employers and workers to introduce the principles enshrined in this Convention into national legislation. The Committee notes the Government’s indication that, during the preparatory work, a group of employers from small enterprises expressed their opposition to the draft regulations, because they thought that its content violates their rights, and that the international standards are not acceptable in so far as they have been elaborated for the purposes of the overdeveloped countries. In view of the fact that, at present, the General Law on Hygiene, Occupational Safety and Welfare (Decree No. 16998 of 2 August 1989) is the only law applicable, which however provides only for general provisions concerning occupational safety and health, and in the light of the Government’s indication that, although only one type of asbestos, namely the "blue asbestos", is exploited in Bolivia, this kind of asbestos being unfortunately considered as highly carcinogenic, the Committee, taking due note of the Government’s declaration with which it manifests its intention in spite of the opposition faced to adopt the necessary measures to give effect to the provisions of the Convention, expresses its firm hope that the Government will do its utmost to adopt and apply the draft regulations on the safe use of asbestos in the near future. The Committee further notes the Government’s indication that the Minister of Labour is currently preparing regulations concerning the use of diverse chemical substances on the basis of the technical standards contained in Legislative Decree No. 16998 of 2 August 1989. The Committee requests the Government to indicate whether the above regulations would also include asbestos.

The Committee hopes that the Government will take the necessary measures in due time to adopt laws or regulations prescribing the measures to be taken for the prevention and control of, and protection of workers against, health hazards due to occupational exposure to asbestos, in conformity with Article 3 of the Convention. In this respect, the Committee, while noting the Government’s indication that the re-established technical assistance between Spain and the Government, in particular with the Minister of Labour, allowed the elaboration of regulations regarding medical services at the enterprise and medical inspection at work, recalls that the Government has always the possibility to refer, either to the Office or to its Multidisciplinary Team responsible for the region, for requesting technical assistance. The Committee requests the Government to keep the Office informed on any progress achieved in this respect.