Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the information contained in the Government’s report and the attached legislation.

2. Article 3, paragraph 2, of the Convention. Periodical review of national laws and regulations. The Committee notes from the Government’s report under Convention No. 139 that since September 2003, the Labour Inspection Authority (Arbejdstilsynet) has been revising the Asbestos Ordinance (No. 600 of 6 August 1991). It hopes that this will include the introduction of a practice providing for a regular review of national laws and regulations in the light of new products, technical progress and advances in scientific knowledge. The Committee requests the Government to provide a copy of the revised legislation with its next report.

3. The Committee notes the Government’s statement that the prohibition against work involving exposure to asbestos and material containing asbestos for persons below the age of 18 years is now regulated in section 9(1g) of Ordinance No. 551 of 30 April 1998 in respect of work performed by children and young workers (as amended up to Ordinance No. 1791 of 19 December 2002). It also notes the statement that section 8(1) of the Working Environment Act (Act No. 4 of 1977) has been amended to implement EU Directives 76/769/EU and 83/477/EU with respect to exposure to asbestos at work and that this amendment entered into force on 1 January 2005. The Committee requests the Government to provide a copy of this amendment with its next report.

4. Article 3, paragraphs 3 and 4. Permitted derogations from the preventive and protective measures. The Committee notes the Government’s statement that dispensations granted by the Labour Inspection Authority under section 3 of the Asbestos Ordinance are limited in time. It notes, in particular, that the majority of them are of temporary nature, such as a few days for the obligation to make an x-ray examination under section 37 and to attend a training course under section 23. It notes the Government’s statement of the use made of the notification form under section 24 and that this form must demonstrate that the planned safety measures are sufficient. The Committee requests the Government to continue to provide information on permitted derogations and to provide information on consultations with the most representative organizations of employers and workers concerned.

5. Article 4. Consultations with the most representative organizations of employers and workers concerned. The Committee notes the Public Administration Act (10 February 1967) provided by the Government, and particularly section 37 ensuring that the organizations and institutions concerned are given the opportunity to express their views before regulations are issued, amended or revoked, in accordance with the Convention.

6. Article 21, paragraph 3. Information to workers of the results of their medical examination. The Committee notes the information provided by the Government that section 3(2) of Act No. 63 of 2 July 1999 on patients’ rights ensures the workers’ right to get adequate information on the results of their medical examinations and to receive individual advice concerning their health in relation to their work, in accordance with the Convention.

7. Article 21, paragraph 4. Provision of other means of maintaining income. The Committee notes the Government’s statement that section 13(2) of the Working Environment Act requires an employer to provide alternative suitable work to those workers whose continued assignment to their work tasks is medically inadvisable, in accordance with the Convention. The Committee requests the Government to indicate in its next report the application in practice of this Article of the Convention.

8. Part V of the report form. Statistical information. The Committee notes the statistical information provided by the Government and the indication given that there is a high degree of underreporting. From the  information provided it notes that the number of occupational injuries due to exposure to asbestos has been reduced from 392 cases in 1999 down to 275 cases in 2003. It further notes that the number of labour inspections resulting in sanctions have increased from 17 in 1999 to 28 in 2003. The Committee requests the Government to continue to provide similar statistical information with its next report.