Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the detailed information provided by the Government in its first report, and notes the Government’s indication that an Occupational Safety and Health Policy Deliberative Committee will be established to deliberate and coordinate comprehensively the basic plan on affairs of occupational safety and health. The Committee asks the Government to provide further information on the composition and functions of the abovementioned Committee, with particular reference to the development of laws to give further effect to this Convention, and to supply copies of the relevant legislation referred to by the Government in its report.

Article 6, paragraph 3, of the Convention. Procedures for dealing with emergency situations. The Committee notes the information indicating that under section 12 of the Occupational Safety and Health Act (OSH Act), the employer is required to display guidance measures for procedures in an emergency. The Committee asks the Government to provide further information on the specific procedures required for dealing with emergency situations with regards to asbestos, and to specify measures ensuring that such procedures are prepared after consultation with workers’ representatives.

Articles 10 and 12. Prohibition and regulations on the use of asbestos. The Committee notes the information provided by the Government indicating the hazardous substances prohibited under section 37 of the OSH Act. The Committee asks the Government to provide further information on the measures to protect the health of workers exposed to asbestos, and measures, in law and in practice, to prohibit the spraying of all forms of asbestos.

Article 13. Notification of certain types of work involving exposure to asbestos. The Committee notes the information provided by the Government indicating the requirement to notify the competent authority with regard to dismantlement and removal of buildings with asbestos-containing materials. The Committee asks the Government to provide further information on other types of work involving exposure to asbestos, where notification to the competent authority is required and the type of information that is to be supplied in such notifications, having regard to Paragraph 13(2) of the Asbestos Recommendation, 1986 (No. 172).

Articles 17 and 19 of the Convention. Demolition and removal of asbestos, and disposal of waste containing asbestos. The Committee notes that, pursuant to section 47 of the OSH Act, the employer shall not allow any person other than those who have the qualification, licence, experience or skill required for the work, to perform hazardous or dangerous work. The Committee requests the Government to provide further information on the measures taken or envisaged to ensure that the demolition and removal of asbestos shall only be carried out by qualified employers or contractors (Article 17(1)). The Committee also asks the Government to provide information on whether the workplan, required under section 48 of the OSH Act, provides measures for disposal of waste containing asbestos (Article 17(2)(c)) and whether workers, or their representatives, are required to be consulted on the abovementioned workplan (Article 17(3)). The Committee also asks the Government to indicate whether employers are required to dispose of waste containing asbestos in a manner that does not pose a health risk to workers, and to prevent pollution of the general environment by asbestos dust released from the workplace (Article 19).

Article 18. Work clothing and special protective clothing. The Committee notes the information indicating that work carried out by a supervisor, pursuant to section 14(3) of the OSH Act, shall include checking work clothes, personal protective equipment and protective devices of workers belonging to the supervisor; and information and instructions on wearing and use of such equipment (section 10 of the Enforcement Decree). The Committee requests the Government to provide further information on the measures taken or envisaged to ensure that effect is given to all the requirements of Article 18, on the provision and maintenance of appropriate work clothing.

Article 20, paragraph 2. Period for keeping of records. The Committee notes that according to national law and practice the records of the monitoring of the working environment and of the exposure of workers to asbestos shall be kept for 30 years. The Committee requests the Government to keep the Committee informed of any changes in these requirements, in particular of any decisions to lengthen this period, taking into account the latency period for asbestos related diseases. 

Article 20, paragraph 4. Right to request monitoring of the working environment, and to appeal to the competent authority concerning results. The Committee notes the information provided by the Government indicating that, pursuant to section 42 of the OSH Act, an employer should have a qualified person monitor the working environment to measure asbestos concentrations in workplaces handling asbestos; record and keep the results of the monitoring; and report them to the Minister of Labour. The Committee requests the Government to provide further information on the measures taken or envisaged to ensure that workers, or their representatives, have the right to request monitoring of the working environment and to appeal to the competent authority concerning the results of such monitoring.

Article 21. Medical examinations after termination of employment, and maintenance of income for workers whose health is at risk. The Committee notes that with respect to a person who is affected by an infectious or mental disease, or a disease which might grow worse due to work, and which is prescribed by the Ordinance of the Ministry of Labour, the employer shall prohibit or restrict the work according to the diagnosis of the doctor (section 45 of the OSH Act). The Committee requests the Government to indicate whether workers are required to undergo medical examinations after the termination of their employment in work exposing them to asbestos; and to provide further information on the measures taken or envisaged to ensure that workers excluded, definitively or temporarily, from work involving exposure to asbestos, where there is a risk to their health, are offered alternative employment or other measures for maintaining their income.

Article 22, paragraph 3. Written policies and procedures. The Committee notes the information provided by the Government indicating the requirement that an employer provide safety and health education periodically to workers, and special education to workers handling asbestos. The Committee asks the Government to indicate whether employers are required to have written policies and procedures on measures for the education and periodical training of workers on asbestos hazards, and methods of prevention and control.

Part V of the report form. Application in practice. The Committee notes the information provided by the Government indicating that since 2000, a total of 86 people have been recognized as having asbestos-related occupational diseases: 48 from lung cancer, 27 from malignant mesothelioma, and 11 from other diseases including asbestosis. The Committee further notes that the number of cases has steadily increased since 2000. The Committee requests the Government to continue to provide practical information on the application of the Convention and, where possible, information on the number of workers covered by the legislation, the number and nature of the contraventions reported, and the number, nature and cause of occupational diseases reported.