Demande directe (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

Repetition

Recent developments. The Committee notes the Government’s statement in its report that the draft regulations on hazardous substances, which contain specific parts dealing with asbestos handling and disposal, will be further developed under a project aimed at strengthening occupational safety and health (OSH). The Committee also notes the Government’s statement that it is necessary to raise greater awareness, regarding asbestos handling and disposal, among the general public, public institutions and policy-makers, and that it will continue to take all possible measures to dispose of asbestos, particularly in public buildings. Finally, the Committee notes the need for technical support for the development of an OSH profile and the OSH national policy, expressed by the Government in its report. The Committee invites it to make an official request to the Office to this effect and to provide any information in this regard. Recalling that the Office is available to provide comments on any draft legislation submitted to it, in order to assist it in implementing the provisions of the Convention, the Committee requests the Government to keep the Office informed of the recent developments concerning the preparation of the draft regulation, and to submit a copy thereof to the Office once it is adopted. The Committee emphasizes again that the Government remains under the obligation to ensure the application of the Convention during the drafting process.

In addition, the Committee notes that the Government’s report does not include information in reply to its other comments. The Committee therefore hopes that the Government will provide in its next report the information requested on the following matters raised in its previous direct request:

Article 6(2) of the Convention. Requirement for employers to cooperate in applying prescribed measures. The Government indicates that there are no procedures ensuring the collaboration of employers where two or more of them undertake activities simultaneously at one workplace. The Committee requests the Government to take all appropriate measures to ensure an effective application of this provision and to provide detailed information on such measures.

Article 15(1). Definition of the limits for the exposure of workers to asbestos. The Committee notes the information that limits for the exposure of workers to asbestos have been adopted by the competent authority. In this regard the Committee recalls that, under this Article of the Convention, the competent authority shall not only prescribe limits for the exposure of workers to asbestos, but also periodically review these limits and update them. In addition, the Committee wishes to remind the Government that according to the American Conference of Governmental Industrial Hygienists (ACGIH), the generally internationally accepted limits of exposure to asbestos are fixed to 0.1 fibres per cubic centimetre (f/cc) of air, averaged over an eight-hour work shift. The Committee, therefore, requests the Government to supply information on the exposure limits for asbestos laid down by the competent authority and on the measures taken to ensure that the adopted exposure limits are periodically reviewed.

Article 17. Protection of workers and limiting the release of asbestos dust in the context of demolition work. The Committee notes that the Government, in its response, stated that there are cases in practice where contractors undertake demolition work without the competence required by the authority and with no notification before the beginning of the work and that, as a consequence, the work plan specifying the measures to be taken by the employer to provide protection to workers, limit the release of asbestos dust into the air and the disposal of waste containing asbestos, has not been drawn up. The Committee concludes that there are regulations conditioning and regulating demolition work involving materials containing asbestos fibres. The Committee requests the Government to provide detailed information on current regulations giving effect to Article 17 as well as information on measures taken to ensure these rules are duly enforced.

Part V of the report form. Application in practice. The Committee notes the information provided by the Government, which indicates that even though there is still a lot to be done in order to ensure that the Convention becomes part of the national law and practices, the Ministry of Gender, Labour and Social Development has started a process of disposing of all asbestos on the ministry properties and institutions and an asbestos disposal committee has been created with this purpose. With regards to the statistics on asbestos handling and disposal measures within the country, the Government reports that this is a priority for the Department of Occupational Safety and Health plan. The Committee requests the Government to provide further information on measures taken to record relevant information on the application in practice of the Convention.