Solicitud directa (CEACR) - Adopción: 2009, Publicación: 99ª reunión CIT (2010)

Legislation. The Committee notes with interest Decree No. 154/002 of 2 May 2002 concerning the prohibition of the use of asbestos, the preamble of which refers explicitly to the Asbestos Convention, 1986 (No. 162), and the Asbestos Recommendation, 1986 (No. 172).

Article 2 of the Convention. Definitions. With reference to its previous comments, the Committee notes the Government’s indication that although there is currently no specific national legislation which defines the terms referred to in this Article, these terms are applied pursuant to Act No. 16.643 of 8 December 1994, which ratified the present Convention. The Committee requests the Government to take all relevant measures, in law and in practice, to give effect to this Article of the Convention.

Article 3, paragraph 2. Periodical revision of the legislation in the light of technical and scientific progress. The Committee notes the Government’s indication that Decree No. 291/007 of 13 August 2007, which gives effect to the Occupational Safety and Health Convention, 1981 (No. 155), establishes participatory bodies at the enterprise level and establishes at national level the tripartite sectoral committees and the National Council for Occupational Safety and Health as the supervisory body for risk prevention and the promotion of occupational health and wellbeing. The Government states that section 12 of the Decree gives the tripartite sectoral committee competence to undertake a periodic evaluation of national policy and, under section 15(b), the tripartite sectoral committee must inform the general labour and social security inspectorate of substances and agents in respect of which exposure at work must be prohibited or specially limited and, under section 15(f), new risks arising from technological innovation must be evaluated. The Committee requests the Government to supply information on the measures taken by the participatory bodies referred to in relation to this Article of the Convention.

Article 6, paragraph 2. Cooperation between employers undertaking activities simultaneously at one workplace. The Committee notes that no specific regulation has been adopted on this matter and that the general provisions of Decree No. 406/88 and Decree No. 291/007 apply. However, the Committee notes that these Decrees do not regulate this matter. The Committee requests the Government to take appropriate measures to give full legislative expression to this provision of the Convention and to supply information in this respect.

Article 10, subparagraphs (a) and (b). Prohibition and replacement of asbestos. The Committee notes that section 1 of Decree No. 154/002 states that the manufacture, introduction in whatever form onto national territory and marketing of products containing asbestos covered by heading 6811 and item 6812.50.00.00 of the NCM shall be prohibited. Section 2 states that for the manufacture, introduction in whatever form onto national territory and marketing of asbestos or products containing asbestos, where these are not covered by section 1, permission must be obtained from the Ministry of Public Health, which shall have the competence to issue permission subject to a ruling from the Honorary Committee on Insalubrious Work. The Committee also notes that, in order to obtain authorization for bringing such products into the country, the manufacturer, transporter or trader must submit technical reports describing the characteristics of the products or elements concerned (section 3), and, should permission be granted, the Ministry of Public Health shall specify the quantities, classes, length of permit and other conditions relating to introduction into the country, manufacture or marketing of the products concerned (section 5). Furthermore, the Committee notes that, according to the report, on the basis of this Decree many enterprises which were using asbestos in their work replaced it in the relevant processes, and retained it in cases which were authorized according to the terms of section 1 of Decree No. 154/002. With reference to section 1 of this Decree, the Committee requests the Government to indicate which type of asbestos is prohibited, since this section gives only indirect specifications (products containing asbestos covered by heading 6811 and item 6812.50.00.00 of the NCM).

Article 15, paragraphs 1 and 2. Establishment of exposure limits for workers. The Committee notes the Government’s statement that, to date, no provision has been adopted in this area. However, it notes that Ordinance No. 145/009 of the Ministry of Public Health establishes the basic framework relating to the various physical and chemical risk factors, respective controls and analyses, and that the basic framework takes account of biological indicators relating to dose, effect and exposure. It also notes that the reference values will be updated annually by the Directorate-General of Health in line with the latest data published by the American Conference of Governmental Industrial Hygienists (ACGIH). The Committee requests the Government to supply information on the exposure limits for asbestos laid down by the Ministry of Public Health pursuant to this Ordinance.

Article 11. Prohibition of crocidolite. Article 12. Prohibition of spraying of all forms of asbestos. Article 20, paragraphs 2 and 3. Keeping of records containing the results of the monitoring of the working environment. The Committee notes the Government’s statement that no regulations have yet been adopted on these matters. The Committee requests the Government to supply detailed information on the measures taken to give effect to these Articles in law and in practice.

Article 13. Employers’ obligation to notify to the competent authority the types of work involving asbestos. Article 17. Demolition of plants and structures containing asbestos. Article 19. Handling of asbestos waste. Article 21, paragraph 2. Free medical examinations for workers. Article 21, paragraph 3. Adequate information to workers on the results of their medical examinations. Article 22, paragraph 2. Employers’ obligation to establish written policies and procedures for the education and periodic training of workers related to asbestos hazards. The Committee notes that the Government has still not supplied any information on these matters. The Committee requests the Government to supply detailed information on the measures taken to give effect to these Articles in law and in practice.

Part V of the report form. Application in practice. The Committee notes the Government’s statement that the State Insurance Bank does not have any summaries of inspection reports relating to this risk or statistics on the workers covered or on occupational diseases. The Committee requests the Government to supply information on the application of the Convention in practice, including reports from the labour inspectorate, the Ministry of Health or the tripartite sectoral committees, to enable it to have a better understanding of the manner in which the Convention is applied in practice. The Committee also requests the Government to provide a general description of the manner in which the Convention is applied, including, if possible, in relation to the construction sector.

[The Government is asked to reply in detail to the present comments in 2011.]