Demande directe (CEACR) - adoptée 1994, publiée 81ème session CIT (1994)

The Committee notes with interest the information provided in the Government's first report. While it notes the Government's indication that the provisions of the Convention are applied by the Labour Code and Decree No. 39 of 1984 on general occupational safety and health measures, it would point out that these texts do not contain provisions concerning asbestos, whereas Article 3 of the Convention calls for specific measures to be prescribed for the prevention and control of, and protection of workers against, health hazards due to occupational exposure to asbestos. It notes that section 95 of the Labour Code provides that occupational safety and health conditions are to be defined by ministerial decree, after consultation with the National Commission on Occupational Safety and Health, and that these decrees should, taking into consideration local conditions, assure workers' protection in conformity with, among others, the standards recommended by the International Labour Organization. The Government is, therefore, requested to indicate the steps taken to prescribe appropriate measures for the protection of workers against occupational hazards due to asbestos exposure.

Article 19. The Committee further notes that section 3 of Act No. 89/027 of 29 December concerning toxic and dangerous waste provides that local industry generating such waste must declare the volume and nature of production and assure that its disposal is without risk to the population or the environment. The measures for implementation in this regard are to be set out by decree. The Government is requested to provide, with its next report, a copy of any decree issued under this Act concerning the disposal of waste containing asbestos.