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Article 3 of the Convention. National legislation. The Committee notes the legislation attached to the Government’s latest report, including the Health and Safety at Work (Protection from Asbestos) Regulation of 2006 (P.I 316/2006) which gives effect to Article 3 of the Convention. The Committee asks the Government to continue to provide information on legislative measures undertaken and the general application of the new provisions with regard to the Convention.
Article 21(4). Provision of other means of maintaining income. With reference to its previous comments, the Committee notes from the Government’s response that there are no workers who work exclusively with materials containing asbestos and that workers who are medically unfit to continue working with materials containing asbestos, can be provided alternative work without exposure to such materials. The Committee also notes the information that in exceptional cases, when an employer is unable to provide alternative work, or if the worker is unable to find another job, the worker can receive benefits from the system of social security. The Committee would like to draw the Government’s attention to the fact that this provision in Article 21(4) also relates to situations before any occupational disease has been declared but after a determination that continued assignment to work involving exposure to asbestos has been found to be medically inadvisable. The Committee therefore reiterates its request to the Government to indicate the specific measures taken to ensure that the workers concerned are provided with other means of maintaining their income and to provide information on the practical application of this Article.
Part V of the report form. Application in practice. The Committee notes from the Government’s response that 313 inspections have been carried out and that there are less than 200 workers covered by the asbestos legislation. The Committee also notes the information that there were a very limited number of violations, two occupational accidents and 23 cases of mesothelioma of the lung recorded during the period covered by this report. The Committee requests the Government to provide, if possible, extracts from the reports of the inspection services, including information on the resulting action taken following any contraventions or violations and to continue to provide information on how this Convention is applied in practice.
1. Further to its observation, the Committee requests the Government to provide additional information on the following points.
2. Article 3 of the Convention. National legislation. The Committee notes the Government’s statement that it is currently revising the legislation applicable to asbestos and will in the close future adopt the Asbestos Regulations (the Health and Safety at Work (Protection from Asbestos) Regulations), to be issued under the Health and Safety at Work Law. The Committee hopes that these regulations will be adopted in the close future and that it will fully implement all Articles of the Convention and asks the Government to provide a copy of them, once adopted.
3. Article 21, paragraph 4. Provision of other means of maintaining income. The Committee notes with concern that in reply to its previous comments on this issue, the Government indicates that no specific measures are provided for cases where the continuation of work involving exposure to asbestos is medically inadvisable in the Asbestos Law and Regulations. The Committee notes, however, that the Government reports that in cases of workers being unable to pursue their work as a result of exposure to other dangerous agents, efforts are made, through consultations with employers’ and the workers’ representatives, to find alternative employment and, if required, workers’ income is maintained through social security. Against this background, the Committee requests the Government to provide additional information on efforts made, consistent with national conditions and practice, to ensure that workers declared medically unfit due to exposure to asbestos are provided with alternative employment or with other means to maintain their income.
4. Part V of the report form. Practical application of the Convention. The Committee asks the Government to provide a general appreciation of the manner in which the Convention is applied in the country and to attach extracts from the reports of the inspection services, information on the number of workers covered by the legislation, disaggregated by gender, if possible, the number and nature of the contraventions reported and the resulting action taken, and the number of occupational accidents and diseases reported.
1. The Committee notes the information contained in the Government’s report and the attached legislation. With reference to its previous comments, the Committee notes with satisfaction that the previously mentioned proposed amendments to the Asbestos (Safety and Health at Work) Law (No. 47 of 2000) have been adopted, ensuring application of Articles 12, 15(4), 17(3), 20(1) and (2) and 20(3) and (4) of the Convention.
2. The Committee is raising certain other points in a request addressed directly to the Government.
The Committee notes the Government’s report as well as the information supplied by the Government in response to its comments. The Committee notes with interest the legislative amendments introduced in 2000 to the Asbestos Act, specifying additional substances that come under the definition of asbestos and thus extending its scope of application.
It further notes the Government’s indication that legislative action will be taken to amend the Asbestos Regulations of 1993. The draft of the new Regulations has been approved by the Labour Advisory Board and will be soon submitted to the Legal Service for vetting. The amendments to the Asbestos Regulations will address the comments the Committee has made on the application of Article 12 (interdiction of all forms of asbestos), Article 15, paragraph 4 (provision of adequate respiratory protective equipment and special protective clothing to workers only as a supplementary measure when hazards cannot be otherwise prevented or controlled), Article 17, paragraph 3 (elaboration of plans on protective measures before starting demolition work of plants or structures containing friable asbestos insulation materials), Article 20, paragraphs 1 and 2 (method of measurement of the concentration of asbestos in the air of workplaces, and the period during which the records on the monitoring of the working environment and of the exposure of asbestos of workers), and Article 20, paragraphs 3 and 4, of the Convention (workers’ right of access to the records on the monitoring of the working environment and of their exposure to asbestos, and their right to request the monitoring of the environment, including the right to appeal to the competent authority concerning the results of the monitoring). Taking due note of this information, the Committee hopes that the draft amendments to the Asbestos Regulations, 1993, will be adopted in the near future to optimize the protection of workers in relation to asbestos. It requests the Government to supply a copy of the above Regulations once they are adopted.
In addition, and further to its previous comments, the Committee would draw the Government’s attention on the following points.
Article 3, paragraph 4, of the Convention. The Committee notes the Government’s indication that since 1995, the year when the enabling Asbestos (Safety and Health of Persons at Work) Law, 1993, No. 23(I), and its implementing Regulations on asbestos came into force, no derogations from this legislation have been granted. The Committee thus would conclude from the Government’s indication that in practice the grant of derogations to the asbestos legislation is not envisaged. It nevertheless requests the Government to indicate the measures that would be taken in the event the competent authority would grant derogations from the provisions to the Asbestos Law and its related Regulations in the future.
Article 6, paragraph 3. With regard to the establishment of procedures for dealing with emergency procedures to be prepared by employers in cooperation with the occupational safety and health services, and after consultations with the workers’ representatives concerned, the Government indicates that this issue will be addressed in the framework of amendments that will be introduced to the Safety and Health at Work Law, 1996, and the special implementing Regulations issued thereunder. The Committee requests the Government to indicate whether the revision work has already started, and, if that is not the case, the Government is asked to indicate the measures envisaged to accomplish the intended legislative amendments.
Article 11, paragraph 2. The Committee notes the provision of Regulation 22 of the Asbestos Regulations, according to which crocidolite (blue asbestos), even though its use is prohibited in certain manufacturing processes, may nevertheless be used on the basis of an authorization to be granted by the Minister. The Government indicates that this authorization is restricted in so far as the grant of a permit for the use of crocidolite is never unrestricted, but imposes conditions aiming to ensure, among others, the protection of workers. The Committee requests the Government to specify the above conditions, whose respect is compulsory for the use of crocidolite, by giving examples which would illustrate the content of such permits to enable the Committee to appreciate the level of protection that is provided to workers when authorizing the use of crocidolite.
Article 18, paragraph 2. The Committee notes again the provision of Regulation 10, paragraph 3, in conjunction with Regulation 17, paragraph 3, of the Asbestos Regulations prescribing that protective clothing, supplied to workers exposed to asbestos, must be cleaned at the premises where the work is undertaken or in a properly equipped laundry. Moreover, the asbestos-contaminated clothing removed from the workplace for subsequent cleaning purposes, further use or for disposal as waste must be stored in a suitable container labelled according to the provisions of Schedule 2 to the Asbestos Regulations concerning products containing asbestos. The Committee observes that the provisions to which the Government refers deal with the places where the cleaning of asbestos-contaminated clothing and protective equipment has to be carried out, whereas Article 18, paragraph 2, of the Convention regulates the conditions under which the cleaning of used work clothing or special protective clothing must be carried out to prevent the release of asbestos dust. The Committee accordingly asks the Government to indicate the measures taken to ensure that the handling and cleaning of work clothes are carried out under controlled conditions to prevent the release of the asbestos dust.
Article 18, paragraph 3. The Committee notes the provisions of Regulation 10, paragraph 3, of the Asbestos Regulations providing for the cleaning of protective clothing at the premises where the work is undertaken or in a properly equipped laundry, and of Regulation 9, paragraph 1, of the Asbestos Regulations requiring the employer to provide protective equipment, to monitor it, and to make sure that the protective equipment is clean, in good condition and appropriately prepared, which implies, according to the Government’s interpretation, the prohibition for workers to take home protective clothing and other special protective equipment. The Committee, however, believes that the wording of the above provisions does not exclude the possibility for workers to take home work clothing and special protective equipment, particularly since Regulation 9, paragraph 1, of the Asbestos Regulations only specifies the required result, that is the clean and appropriately prepared protective equipment, but not the manner in which this is to be achieved. Recalling the provision of Article 18, paragraph 3, of the Convention, the Committee requests the Government to take the necessary legislative measures to prohibit the taking home of work clothing, special protective clothing and personal protective equipment.
Article 21, paragraph 2. The Committee notes that pursuant to section 5, subsection 4, of the Asbestos Law, the monitoring of workers’ health, carried out by the employer to comply with his obligations under this law, is free of charge for the workers. As concerns the time where the monitoring of workers’ health takes place, the Government indicates that it is a common practice to carry them out during working hours. In view of this fact, the Committee invites the Government to consider the possibility to make the common practice a statutory one, in order to fully apply Article 21, paragraph 2, of the Convention.
Article 21, paragraph 4. The Committee notes the Government’s indication that, neither the Asbestos Law nor the Asbestos Regulations prescribe specific measures to provide workers, whose continued assignment to work involving exposure to asbestos is found to be medically inadvisable, with other means to maintain their income. However, in similar cases related to workers’ exposure to other dangerous agents, consultations have taken place between the employer and the workers’ representatives with the objective to find alternative employment for the worker concerned within the employer’s undertaking. In this process, the Government employment services are also involved. Moreover, the Social Insurance Fund may provide a benefit to a worker who is considered medically unfit to continue work in a specified job. This benefit is granted to supplement the worker’s income in the case that the income the worker draws from the new employment secured to him is less than the income drawn from his previous employment. The Committee considers that the practice described by the Government would apply this Article of the Convention. The Committee nevertheless invites the Government to take the necessary measures to translate this practice into legal provisions, which then would constitute a reliable protective framework for the workers concerned.
The Committee notes that the Government's report does not reply to its previous comments. The Committee is therefore bound to repeat its previous request which read as follows:
Article 3, paragraph 4, of the Convention. The Committee requests the Government to indicate the specific precautions taken to protect workers' health when the competent authority permits derogations from the provisions of the Asbestos (Safety and Health of Persons at Work) Law 1993, No. 23(1) and the Asbestos (Safety and Health of Persons at Work) Regulations of 1993.
Article 6, paragraph 3. The Committee requests the Government to indicate the measures taken to ensure that employers, in cooperation with the occupational safety and health services, and after consultation with the workers' representatives concerned, prepare procedures for dealing with emergency situations.
Article 10(a). The Committee notes that section 4 of the Asbestos Law empowers the Council of Ministers to issue regulations prohibiting the use at work of any or all forms of asbestos. The Committee requests the Government to indicate any measures taken or envisaged to provide also for the replacement of asbestos, where necessary to protect the health of workers and where technically practicable, by other products scientifically evaluated as harmless or less harmful, whenever this is possible.
Article 11, paragraph 2. The Committee notes that a permit may be granted for the use of crocidolite in certain manufacturing process and that these exceptions have been discussed with and agreed by the representative organizations of workers and employers. The Committee requests the Government to provide further information on the steps taken to ensure that the health of workers is not placed at risk.
Article 12. The Committee notes that the Government's report states that spraying is prohibited only for crocidolite and that asbestos spraying is not a method practised in Cyprus. The Committee requests the Government to indicate the measures taken or envisaged to ensure that spraying of all forms of asbestos is prohibited.
Article 15, paragraph 4. The Committee requests the Government to provide information on the measures taken to ensure that such equipment is used only as a supplementary, temporary, emergency or exceptional measure and not as an alternative to technical control.
Article 17, paragraph 3. The Committee requests the Government to indicate the manner in which the workers or their representatives are consulted on the work plan specifying the measures to be taken before commencing demolition work.
Article 18, paragraph 2. The Committee notes that Regulation 10 of the Asbestos Regulations provides that the protective clothing given to employees exposed to asbestos, should be cleaned at the premises where work is undertaken or in a properly equipped laundry. The Committee requests the Government to indicate the measures taken to ensure that the handling and cleaning of work clothes are carried out under controlled conditions to prevent the release of asbestos dust.
Article 18, paragraph 3. The Committee requests the Government to indicate the measures taken to ensure that work clothing, special protective clothing and personal protective equipment are not taken home.
Article 18, paragraph 4. The Committee notes that section 5 of the Asbestos Law requires employers to take all necessary measures to ensure the safety of workers. The Committee also notes that pursuant to the Asbestos Regulations (Regulations 10 and 16), workers' protective clothing should be cleaned at the work premises or in a properly equipped laundry and separate storage facilities for the protective clothing and personal clothing not used at work, should be provided. The Committee requests the Government to clarify whether the employer is responsible for the cleaning and maintenance of work clothing, special protective clothing and personal protective equipment.
Article 20, paragraphs 1 and 2. The Committee notes that employers are required to measure the concentration of asbestos in the air and monitor the exposure of workers to asbestos at intervals specified by the Chief Inspector, depending on each case. The Committee further notes that employers are also required to keep records of monitoring or a suitable summary thereof for a period to be prescribed by the Minister of Labour and Social Insurance. The Government's report indicates that the approved method of measurement and the period during which records of monitoring should be kept, will be prescribed in the future. The Committee therefore requests the Government to keep the Office informed of the progress made in this regard.
Article 20, paragraph 3. The Committee requests the Government to provide information on the manner in which workers concerned, their representatives, and the inspection services are provided access to the records of the monitoring of the environment.
Article 20, paragraph 4. The Committee requests the Government to indicate the measures taken to ensure that workers have the right to request monitoring of the environment and to appeal to the competent authority concerning the results of the monitoring.
Article 21, paragraph 2. The Committee requests the Government to indicate the measures taken to ensure that the monitoring of workers' health in connection with the use of asbestos shall not result in any loss of earnings for them and shall be free of charge and shall take place, as far as possible, during working hours.
Article 21, paragraph 4. The Committee requests the Government to indicate the efforts made to provide workers concerned with other means of maintaining their income, since continued assignment to work involving exposure to asbestos is medically inadvisable.
The Committee notes with interest the information provided in the Government's first report and requests the Government to provide further clarification on the following points:
Article 21, paragraph 4. The Committee requests the Government to indicate the efforts made to provide workers concerned with other means of maintaining their income in the event that continued assignment to work involving exposure to asbestos is medically inadvisable.