Solicitud directa (CEACR) - Adopción: 2002, Publicación: 91ª reunión CIT (2003)

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.