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Asbestos Convention, 1986 (No. 162) - Denmark (RATIFICATION: 2006)

Other comments on C162

Direct Request

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Article 6(3) of the Convention. Procedures for emergency situations. The Committee previously requested information on procedures for dealing with emergency situations in accordance with Article 6(3) in relation to work with asbestos on ships. In this respect, the Committee notes the Government’s indication that this is addressed by the technical regulations on occupational safety and health issued by the Danish Maritime Authority (Notice A). Regulation 3 of Chapter II, Part C of Notice A, provides that when work on board ships involves the use of carcinogenic substances or mutagens, written instructions shall be drawn up indicating what measures are to be followed in the case of abnormal conditions of operation and accidents on board. Moreover, Annex II to Chapter III (on special provisions on the use of asbestos) provides that, prior to undertaking dismantling work, as well as repair and maintenance work of ships containing asbestos, a plan must be established indicating the necessary measures to ensure the health and safety of the employees on board. Annex II describes the measures to be taken by the shipowner, or the master, if asbestos dust measurements show that the relevant limit values are being exceeded. The Committee takes note of this information.

Article 11(2). Derogations from the prohibition of the use of crocidolite. The Committee notes the Government’s indication, in response to its previous request, that it is prohibited to produce, import, utilize or work with asbestos or materials containing asbestos under any form with the following exceptions (pursuant to section 2 of Order No. 1502 on asbestos, as amended): (i) the production, import and utilization of diaphragms for existing electrolysis plants under stated conditions; and (ii) buildings, facilities and technical aids containing asbestos that were lawfully marketed prior to 1 January 2005 may continue to be marketed. The Committee requests the Government to provide information on the implementation of these derogations in practice, including the steps taken to ensure that the health of workers is not placed at risk.

Article 15(1). Limits. The Committee notes the Government’s indication in response to its previous request, that there are no permissible values for exposure to asbestos, although the Danish Working Environment Authority does not require personal protective equipment for values below 0.1 fibres/cm3.

Article 17. Demolition and removal work. Work plan. The Committee notes the Government’s indication, in response to its previous request, that a work plan must be drawn up prior to the beginning of demolition work or work involving the removal of asbestos. This work plan must specify the measures necessary to protect employees’ safety and health (pursuant to sections 23 and 25 of Order No. 1502 on asbestos, as amended, concerning work on land, and section 18 of Chapter II, Part C of Notice A concerning work at sea). The Committee requests the Government to indicate whether employers are required to consult workers or their representatives on the work plan, as provided for in Article 17(3) of the Convention.

Article 18(2) to (5). Personal protective equipment. The Committee notes the Government’s indication, in reply to its previous request concerning Article 18(2), that pursuant to section 19 of Order No. 1502 on asbestos, as amended, personal protective equipment used at work must be cleaned and placed in a designated location, and that the cleaning of personal protective equipment must be performed separately using suitable equipment. With respect to Article 18(3), Working Environment Authority Guideline C.2.2 on asbestos provides that personal protective equipment must not be worn outside the place where work with asbestos takes place and that, after its use, it must be placed in a designated location. The Committee requests the Government to provide further information on the measures taken to ensure that the employer is responsible for the cleaning, maintenance and storage of work clothing (Article 18(4)) and that the employer provides facilities for workers exposed to asbestos to wash, take a bath or shower at the workplace, as appropriate (Article 18(5)).

Article 19(2). Prevention of pollution. The Committee notes the information provided by the Government in response to its previous request, indicating that for all work where dust from asbestos is present to a significant extent shielding of the workplace is required through tents (pursuant to section 21 of Order No. 1502 on asbestos, as amended, and section 15.2 of Annex 2 to Chapter II, Part C of Notice A).

Article 20(2). Record keeping of monitoring of the working environment. In reply to the Committee’s previous request concerning the prescription of a period for record keeping of measurements of the working environment, the Committee notes the Government’s indication that Order No. 1502 on asbestos, as amended, does not specify the period of time for which measurements of airborne dust in the working environment must be kept. However, the Government states that, pursuant to the Order, information concerning the associated risk of asbestos exposure must be kept for 40 years as part of the worker’s protocol, indicating the duration of exposure to asbestos, which will include information on measurements of the working environment. The Committee takes note of this information.

Article 21(1), (3) and (4). Medical examinations and maintenance of income. The Committee notes the information provided by the Government concerning Article 21(1), that section 32 of Order No. 1502 on asbestos, as amended, provides that workers must have access to a medical screening before starting work with asbestos or asbestos-containing materials and if necessary at regular intervals thereafter, and at least once every three years. With respect to Article 21(3), the Committee notes that Working Environment Authority Guideline C.2.2 provides that the doctors undertaking this regular medical screening shall inform the examined employee of the results. With respect to Article 21(4), the Government indicates that there are general provisions ensuring workers’ compensation which also apply to workers who suffer from asbestos-related diseases, as well as the possibility of providing retraining. Recalling that under Article 21(4), every effort shall be made, consistent with national law and practice, to provide workers for which continued assignment to work involving exposure to asbestos is found to be medically inadvisable with other means of maintaining their income, the Committee requests the Government to provide further information on the compensation granted to such workers.

Article 22. Information and education. The Committee notes the information provided in reply to its previous requests that, pursuant to Order No. 1502 on asbestos, as amended, workers must be instructed concerning the hazards of asbestos at the start of employment (section 10), and that persons engaged in demolition work of structures containing asbestos must undergo specific training approved by the Working Environment Authority (section 27). With respect to work at sea, section 19.3 of Annex 2 to Chapter II, Part C of Notice A requires education and training to be offered regularly by the employer and without any cost for the employee. The Committee requests the Government to provide further information on the measures taken to promote the dissemination of information and the education of all workers concerned with regard to health hazards due to exposure to asbestos, pursuant to Article 22(1) of the Convention. It also requests the Government to provide information on the measures taken to ensure that employers have established written policies and procedures on measures for the education and periodic training of workers on asbestos hazards and methods of prevention and control, pursuant to Article 22(2).