Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Repetition

Articles 20(1) and 21(1) of the Convention. Occasional exposure to asbestos. Measurement of the concentration of airborne asbestos dust in workplaces and medical examinations. With reference to its previous comment regarding the non-applicability of certain provisions in case of low intensity exposure to asbestos, the Committee notes the Government’s indication that section 4(2) of the Rules on the protection of workers from the risks related to exposure to asbestos at work (Nos 93/05 and 43/11) excludes from the scope of application of section 6 (on notification), section 19 (on health surveillance) and section 20 (on the keeping of records) workers performing specific tasks, such as occasional maintenance or air-quality monitoring, during which they are occasionally exposed to a concentration of airborne asbestos fibres not exceeding a certain maximum limit value. The Committee requests the Government to provide information on the manner in which the concept of “occasional exposure to asbestos” is defined and to indicate the criteria establishing the dividing line between occasional and regular exposure to asbestos under the national legislation. It also requests the Government to indicate the measures taken or envisaged to ensure that the concentration of airborne asbestos dust in the workplace does not exceed the maximum limit value established and that workers occasionally exposed to asbestos are provided with medical examinations, in line with Article 21(1) of the Convention.

Article 20(2) and (4). Keeping of records on the monitoring of the working environment. Right to appeal concerning the results of the monitoring. Further to its previous comments, the Committee notes that pursuant to section 18(3) of the Rules on the protection of workers from the risks related to exposure to asbestos at work (hereinafter the Rules), the employer shall ensure that workers and/or their representatives have access to the results of measurements of airborne asbestos fibres concentration at the workplace and their interpretation and that they are informed as soon as possible when limit values are exceeded. While noting that the Government again refers to section 20 of the Rules, the Committee observes that this section only provides for the keeping of records of workers exposed to asbestos and does not establish an obligation to keep records of the monitoring of the working environment, as required by the Convention. In this connection, the Government is invited to consider the guidelines provided by Paragraphs 28 to 36 of the Asbestos Recommendation, 1986 (No. 172). The Committee requests the Government to indicate the provisions prescribing that records of measurements of the workplace shall be kept for a certain period of time (Article 20(2)) and guaranteeing the right of workers or their representatives to request the monitoring of the working environment and to appeal to the competent authority concerning the results of the monitoring (Article 20(4)).

Article 21(1). Post-employment medical examinations. The Committee notes that section 19(1) of the Rules provides for the medical examination of workers prior to the beginning of exposure to asbestos and at periodic intervals not exceeding three years during their employment. The Committee also notes that pursuant to section 19(3) and (4), an authorized physician may suggest that medical surveillance be continued after the end of exposure, based on the worker’s health assessment, for as long as he or she considers that such surveillance is necessary. The Committee recalls that under Article 21(1) of the Convention, the Government has the obligation to take measures to ensure that workers who are or have been exposed to asbestos shall be provided with such medical examinations as are necessary to supervise their health in relation to the occupational hazard, and to diagnose occupational diseases caused by exposure to asbestos. In this connection, the Committee draws the Government’s attention to Paragraph 31(3) of Recommendation No. 172, which provides that the competent authority should ensure that provision is made for appropriate medical examinations to continue to be available to workers after termination of an assignment involving exposure to asbestos. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure the supervision of the health of workers who have been exposed to asbestos, in accordance with Article 21(1) of the Convention, and to provide information in this respect.

Article 21(4). Maintenance of income for workers whose health is at risk. The Committee notes the Government’s indication that the Pension and Disability Insurance Institute provides for disability benefits for workers medically unfit for their job. It also notes the statistics supplied in the Government’s report. The Committee further notes that according to section 7(1) of the Remedying Consequences of Work with Asbestos Act (No. 51/09), workers exposed to asbestos are subject to a specific scheme whereby they are either granted a disability pension or, if they fail to meet certain conditions, they are entitled to preferential treatment in the active employment policy programmes. Recalling the obligation in Article 21(4) that every effort shall be made, consistent with national conditions and practice, to provide workers concerned with other means of maintaining their income, the Committee requests the Government to provide additional information on the application in practice of section 7 of Act No. 51/09.

Application of the Convention in practice. The Committee notes that according to the Government’s report, labour inspection services continue to carry out knowledge and awareness-raising activities on the relevant legislation and on best practices to minimize risks of occupational exposure to asbestos, through campaigns, seminars and workshops. It also takes note of the information concerning the number of infringements of the legislation reported by labour inspectors between 2009 and 2014. In this connection, it notes the Government’s indication that the number of violations with regard to asbestos disposal has decreased since 2011. The Committee requests the Government to continue to provide information on the practical application of the Convention, including extracts of inspection reports indicating the number of visits, the number and nature of contraventions reported and sanctions imposed, as well as statistics on the number of occupational diseases reported as being caused by asbestos.