Solicitud directa (CEACR) - Adopción: 2010, Publicación: 100ª reunión CIT (2011)

The Committee notes the information provided by the Government in its first report, and the attached translated copy of the regulation concerning protection of workers from exposure to asbestos at work. The Committee requests the Government to continue to provide information on legislative measures undertaken with regard to the Convention.

Article 6(3) of the Convention. Procedures for dealing with emergency situations. The Committee notes that section 15(5) of the Rulebook on asbestos requires the employer to enable workers to acquire the necessary knowledge and skills in terms of prevention and safety including emergency procedures. The Committee asks the Government to provide further information on the preparation of emergency procedures for work involving exposure to asbestos and to indicate whether such procedures were developed in cooperation with the occupational safety and health services, and in consultation with the workers’ representatives concerned.

Article 17(2) and (3). Demolition workplan. The Committee notes the information indicating that section 14 of the Rulebook on asbestos requires a plan of work to be drawn up before the start of demolition work or work removing asbestos and/or asbestos-containing products from buildings, structures, equipment or installations or from ships. The Committee asks the Government to provide further information on whether employers are required to take into account the provisions of Article 17(2)(b) and (c) in the plan of work for demolition; and whether workers or their representatives are to be consulted on the workplan (Article 17(3)).

Article 20(2) to (4). Keeping of records on the monitoring of the working environment and of the exposure of workers; and providing workers and their representatives with access to these records, and the right to request such monitoring. The Committee notes the information indicating that section 20 of the Rulebook on asbestos requires the employer to enter into a register the workers responsible for carrying out activities involving exposure to asbestos indicating the nature and duration of the activity and the exposure. The Committee asks the Government to specify whether results of sampling are included in this register, and whether workers or their representatives have the right to request the monitoring and to appeal the results.

Article 21(3). Workers to be informed of the results of their medical examinations. The Committee notes the information that under section 19(4) of the Rulebook on asbestos, information and advice must be given to workers regarding any assessment of their health which they may undergo following the end of exposure by an occupational health specialist. The Committee asks the Government to provide further information on measures to ensure that this Article is applied in relation to all medical examinations of workers during their employment in work involving exposure to asbestos.

Article 21(4). Maintenance of income for workers whose health is at risk. The Committee notes that under section 19(2) and (3) of the Rulebook on asbestos, following clinical surveillance, the doctor or authority responsible for medical surveillance should advise on or determine any individual protective or preventive measures to be taken, including, where appropriate, the withdrawal of the worker concerned from all exposure to asbestos. The Committee asks the Government to provide information on the measures taken to provide workers, when continued assignment to work involving exposure to asbestos is found to be medically inadvisable, with other means of maintaining their income.

The Committee also notes that the Government has omitted to provide information on the application of Article 2(b) to (e), Article 3(2), Article 4, Article 14, Article 15(2), Article 19, Article 21(5) and Article 22(1) of the Convention. The Committee requests the Government to provide information on the application of these Articles, in law and in practice.

Part V of the report form. Application of the Convention in practice. The Committee notes the information provided by the Government on the application, in law, of a number of the Articles of the Convention. The Committee asks the Government to provide further information on the application of
Article 10(a) and (b) and Article 11(1) in practice. The Committee also asks the Government to give a general appreciation of the manner in which the Convention is applied in the country, and to provide, where such statistics exist, information on the number of workers covered by the legislation, the number and nature of the contraventions reported, and the number, nature and cause of accidents and occupational diseases reported.