Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

The Committee notes the information provided by the Government in its first and subsequent reports. It would like to draw the Government’s attention to the following points.

1. Article 2 of the Convention. Definitions. The Government indicates that despite the absence of specific legislation on asbestos, the terms are applicable in the internal law of Uruguay as a result of the ratification of the Convention. Subparagraphs of this Article of the Convention do not have a counterpart and the Committee notes this information. It nevertheless requests the Government to take the necessary measures to ensure that the abovementioned terms are defined in national law.

2. Article 3, paragraph 2. Periodical revision of the legislation in the light of technical and scientific advances. The Committee notes that neither the Government indicates in its reports, nor the legislation provides for, periodical review mechanisms of the legislation in the light of technical progress and scientific advances. Hence, the Committee invites the Government to proceed to the establishment of such review mechanisms. In this respect, it ventures to draw the Government’s attention to Paragraph 5 of the Asbestos Recommendation, 1986, (No. 172), which indicates that the information contained in the ILO code of practice on safety in the use of asbestos should be used as guidance in reviewing national laws and regulations in force, as well as other information from competent bodies on asbestos and substitute materials.

3. Article 6, paragraph 2. Cooperation between employers undertaking activities simultaneously at one workplace. The Committee notes the Government’s indication that due to the fact that no specific regulation on asbestos has been adopted yet, the general provisions found in Decree No. 406/88 are applicable. However, the latter does not contain any provision addressing the cooperation requirement between employers undertaking activities simultaneously at one workplace. The Committee thus invites the Government to take the legal initiative to incorporate a provision on this issue into the national legislation.

4. Article 11. Prohibition of crocidolite. The Committee notes the Government’s indication that there is no provision in the legislation providing for the prohibition of crocidolite. The Committee consequently invites the Government to proceed to the elaboration and adoption of a regulatory text prohibiting the use of crocidolite and products containing this fibre. In this context, the Committee wishes to make the Government aware of the fact that this text could also include the possibility to grant derogations from the prohibition, after consultation with the organizations of employers and workers concerned, in the case that the replacement is not reasonably practicable (Article 11, paragraph 2).

5. Article 12. Prohibition of spraying of all forms of asbestos. The Government indicates that no regulatory text provides for the prohibition of the spraying of all forms of asbestos. The Committee therefore invites the Government to take the necessary legislative measures to proceed to the elaboration and adoption of a regulatory text on this issue. In this context, the Committee wishes to acquaint the Government with the possibility that this text could also include the possibility to grant derogations from the prohibition, after consultation with the organizations of employers and workers concerned, in the case that alternative methods are not reasonably practicable, provided that steps are taken to ensure that the health of workers is not placed at risk (Article 12, paragraph 2).

6. Article 15, paragraphs 1 and 2. Establishment of exposure limits for workers. The Committee notes article 1 of Title IV - special preventive measures with regard to chemical, physical, biological and ergonomic risks - of Decree No. 406/88, concerning the update of regulatory provisions concerning safety, hygiene and occupational health in order to align them to the new conditions in the world of work, 1988, providing for measures to reduce the level of contamination caused by chemical, physical and biological substances and to prevent the generation of the contaminants. However, there seems to be no provision establishing exposure limits for workers. The Committee requests the Government to take the necessary legislative measures to introduce such a provision into the legislation. In this regard, the Committee draws the Government’s attention to the fact that these exposure limits, once fixed, must be periodically reviewed and updated in the light of technical progress and advances in technological and scientific knowledge.

7. Article 20, paragraphs 2 and 3. Keeping of records containing the results of the monitoring of the working environment. The Committee notes article 9 of Chapter II, chemical risks of Decree No. 406/88, concerning the update of regulatory provisions concerning safety, hygiene and occupational health in order to align them to the new conditions in the world of work, 1988, providing for the monitoring of the working environment. However, the latter does not contain a provision specifying whether records on the results of the monitoring have to be kept, and, if so, the period of time during which these records have to be kept. The Committee therefore requests the Government to take the necessary legislative measures to proceed to the elaboration and adoption of a regulatory text on this matter, which also should include a further provision providing for the right of the workers concerned, their representatives and the inspection services to have access to these records.

8. Furthermore, the Committee draws the Government’s attention to the need to adopt measures on the following: cooperation between employers and workers or their representatives at the level of the undertaking (Article 8); the employer’s obligation to notify to the competent authority the types of work involving asbestos (Article 13); the demolition of plants and structures containing asbestos (Article 17); the handling of asbestos waste (Article 19); the right of the workers to request the monitoring of the working environment and to appeal to the competent authority concerning the results of the monitoring (Article 20, paragraph 4); a medical examination free of charge to workers (Article 21, paragraph 2); adequate information to workers on the results of their medical examination (Article 21, paragraph 3); the provision or other means of maintaining the income for workers for whom assignment to work involving exposure to asbestos is found to be inadvisable for medical reasons (Article 21, paragraph 4); notification system of occupational diseases caused by asbestos (Article 21, paragraph 5); information and education arrangement by the competent authority (Article 22, paragraph 1); and the employer’s obligation to establish written policies and procedures for the education and periodic training of workers related to asbestos hazards (Article 22, paragraph 2).