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

1. The Committee notes the information supplied by the Government in its report. It notes in particular that the Government has just requested assistance of various kinds from the ILO so that it can ensure that the Convention is applied. The Committee also notes the observations of the General Confederation of Labour-Liberté (CGT-Liberté) on the amendment of the schedule of occupational diseases.

2. The Committee notes the Government’s indication that it is experiencing difficulties in applying the Convention, in particular owing to the low level of economic development. The Committee notes, however, that the report contains no information in response to the matters raised by the Committee concerning the application of the Convention. It is therefore bound once again to draw the Government’s attention to the subjects for which, in accordance with Article 3, paragraph 1, of the Convention, national laws and regulations must prescribe measures to give effect to the Convention:

-  employers’ responsibility for compliance with the prescribed measures (Article 6, paragraph 1);

-  adoption by the competent authority of general procedures for cooperation between employers undertaking activities simultaneously at one workplace (Article 6, paragraph 2);

-  preparation by employers, in cooperation with the occupational safety and health services, of procedures for dealing with emergency situations (Article 6, paragraph 3);

-  compliance by workers, within the limits of their responsibility, with prescribed safety and hygiene procedures (Article 7);

-  close cooperation between employers and workers or their representatives in applying the measures prescribed (Article 8);

-  prevention or control of exposure to asbestos by subjecting work in which exposure to asbestos may occur to adequate engineering controls and work practices (Article 9(a));

-  adoption of special rules and procedures, including authorization, for the use of asbestos (Article 9(b));

-  replacement of asbestos or of certain types of asbestos or products containing asbestos by other materials or products or the use of alternative technology, scientifically evaluated as harmless or less harmful, whenever this is possible (Article 10(a));

-  total or partial prohibition of the use of asbestos or of certain types of asbestos or products containing asbestos in certain work processes (Article 10(b));

-  prohibition of the use of crocidolite or products containing this fibre (Article 11, paragraph 1);

-  prohibition of the spraying of asbestos (Article 12, paragraph 1);

-  notification of work involving exposure to asbestos (Article 13);

-  adequate labelling of containers and products containing asbestos (Article 14);

-  determination by the competent authority of limits for the exposure of workers to asbestos (Article 15, paragraph 1);

-  periodical review of exposure limits in the light of technological progress and advances in technological and scientific knowledge (Article 15, paragraph 2);

-  adoption of appropriate measures to prevent or control the release of asbestos dust into the air, to ensure that the exposure limits or other exposure criteria are complied with (Article 15, paragraph 3);

-  provision by the employer of adequate respiratory protective equipment and special protective clothing where collective technical prevention measures are inadequate (Article 15, paragraph 4);

-  adoption of practical measures by the employer for the prevention and control of the exposure of workers to asbestos and for their protection against hazards due to asbestos (Article 16);

-  demolition of plants or structures containing friable asbestos materials solely by employers and contractors who are recognized as qualified by the competent authority (Article 17, paragraph 1);

-  preparation by the employer or contractor of a work plan specifying the measures to be taken before starting demolition work (Article 17, paragraph 2);

-  consultation of workers or their representatives on the demolition work plan (Article 17, paragraph 3);

-  provision of appropriate work clothing, not to be worn outside the workplace, where workers’ personal clothing may become contaminated (Article 18, paragraph 1);

-  cleaning of work clothing and special protective clothing carried out under controlled conditions to prevent the release of asbestos dust (Article 18, paragraph 2);

-  prohibition of the taking home of work clothing and special protective clothing and of personal protective equipment (Article 18, paragraph 3);

-  provision of facilities for workers exposed to asbestos to wash, take a bath or shower at the workplace (Article 18, paragraph 5);

-  disposal of waste containing asbestos in a manner that does not pose a health risk to the workers concerned or to the population in the vicinity of the enterprise (Article 19, paragraph 1);

-  adoption by the competent authority and employers of appropriate measures to prevent pollution of the general environment by asbestos dust released from the workplace (Article 19, paragraph 2);

-  measurement by the employer of concentrations of airborne asbestos dust in workplaces (Article 20, paragraph 1);

-  determination of a period during which records of the monitoring of the working environment and of the exposure of workers to asbestos must be kept (Article 20, paragraph 2);

-  access to the above records for workers (Article 20, paragraph 3);

-  right of workers to request the monitoring of the working environment and to appeal to the competent authority concerning the results of the monitoring (Article 20, paragraph 4);

-  medical examination of workers (Article 21, paragraph 1);

-  monitoring of workers’ health to be free of charge (Article 21, paragraph 2);

-  workers to be informed of the results of their medical examinations and to receive individual advice concerning their health in relation to their work (Article 21, paragraph 3);

-  means of maintaining their income to be given to workers unable, for medical reasons, to continue to do work involving exposure to asbestos (Article 21, paragraph 4);

-  development by the competent authority of a system of notification of occupational diseases caused by asbestos (Article 21, paragraph 5);

-  dissemination of information and the education of all concerned regarding health hazards due to exposure to asbestos (Article 22, paragraph 1);

-  establishment by employers of written policies and procedures on measures for the education and periodic training of workers on asbestos hazards (Article 22, paragraph 2); and

-  information and instruction of workers by employers regarding health hazards related to their work and preventive measures and correct work practices (Article 22, paragraph 3).

3. The Committee hopes that the most representative organizations of employers and workers concerned will be consulted, in accordance with Article 4 of the Convention, when the necessary measures are taken to give effect to the Convention, and that the enforcement of the laws and regulations adopted as a result will be secured by an adequate and appropriate system of inspection, in accordance with Article 5 of the Convention. Furthermore, in the interests of proper application of the Convention, the Committee wishes to remind the Government that Article 2 of the Convention defines the terms "asbestos", "asbestos dust", "airborne asbestos dust", "respirable asbestos fibres" and "exposure to asbestos", and the terms "workers" and "workers’ representatives", and that it would be advisable to include these definitions in the national legislation.

4. The Committee also notes section 96 of the Labour Code under which, where working conditions not covered by the orders provided for in section 95 of the Labour Code are deemed to be dangerous for the safety and health of workers, the labour inspector or the works’ medical inspector shall report the said conditions to the National Occupational Safety and Health Commission with a view to appropriate regulations being prepared if necessary. The Committee asks the Government to indicate whether any labour inspectors or works’ medical inspectors have initiated such a process in connection with hazards related to exposure to asbestos and, if so, to provide information on any resulting legal texts.

5. Article 19. Disposal of waste. In earlier comments the Committee asked the Government to provide copies of any decrees adopted pursuant to section 3 of Act No. 89/027 of 29 December 1989 on toxic and hazardous wastes, which provides that arrangements for the elimination of such wastes are to be set by decree. It hopes that the Government will send copies of any such decrees with its next report.

6. The Committee invites the Government to take all necessary measures as soon as possible to apply the Convention. It hopes that the Government will follow up on its intention of seeking technical assistance from the Office, and that in its next report it will be in a position to inform the Committee of significant progress.