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Asbestos Convention, 1986 (No. 162) - Netherlands (RATIFICATION: 1999)

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To provide a comprehensive view of the issues relating to the application of the ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 62 (safety provisions (building)), 115 (radiation protection), 139 (occupational cancer), 148 (air pollution, noise and vibration), 155 (OSH), 162 (asbestos), 170 (chemicals) and 174 (prevention of major industrial accidents) together.
The Committee notes the joint observations of the Netherlands Trade Union Confederation (FNV) and the National Federation of Christian Trade Unions (CNV) on Conventions Nos 139, 155, 170 and 174, received in 2021, and the Government’s response in this respect.

General Provisions

Occupational Safety and Health Convention, 1981 (No. 155)

Articles 4, 7 and 8 of the Convention. National OSH policy. Consultation with the most representative organizations of employers and workers. With regard to its previous comment on consultations with the social partners, the Committee notes that the Government indicates in its report that it continues to involve the social partners in the periodic discussions of the national OSH policy and future policy planning, specifying that: (i) in May 2020, the Ministry of Social Affairs and Employment organized a virtual open dialogue on the new strategic vision of the OSH policy 2040 with employers, workers, occupational health experts, occupational health services and the labour inspectorate participating in three sessions; and (ii) on the basis of this dialogue, the Government has submitted a formal request to the tripartite Social and Economic Council for advice on the OSH vision 2040. The Government also indicates that regular informal consultations have been held between the labour inspectorate and the trade union federations for environmental analysis and that every year stakeholders, including representatives of employers and workers, are consulted on the annual report (in March-April) and the annual plan (in September–October) of the labour inspectorate. In this regard, the Committee notes that the FNV and CNV are of the view that the Government fails to formulate, implement and periodically review a coherent national OSH policy and that the ad hoc and periodical consultations referred to by the Government do not lead to a such policy. The Committee requests the Government to continue to provide information on any progress made in the formulation of the OSH policy 2040, including information on the consultations held with the tripartite Social and Economic Council in this regard, and to provide a copy of the national OSH policy once it has been adopted. The Committee also requests the Government to provide information on the measures taken or envisaged to ensure that the above-mentioned OSH policy is periodically reviewed in consultation with the social partners.
Article 11(c). Notification of occupational diseases. With regard to its previous comment on the system for the notification of occupational diseases, the Committee notes that the Government provides information on measures taken, indicating that: (i) following an amendment to the Working Conditions Act adopted in 2017, a basic contract for the provision of OSH services to employers was introduced, which includes minimum rights and obligations for employers, workers and providers; (ii) the basic contract states that occupational physicians shall report occupational diseases to the Netherlands Centre for Occupational Diseases (NCvB) and have to be able to devote time to this; and (iii) the NCvB is assisting and encouraging occupational physicians and OSH services to report occupational diseases through refresher courses, a helpdesk and the simplification of reporting procedures. The Government expects that by improving the infrastructure for reporting occupational diseases to the NCvB, the number of reported cases will increase. Regarding the latter, the Committee notes that, in their observations on the application of the Labour Inspection Convention, 1947 (No. 81), the FNV and CNV refer to the underreporting of occupational diseases to the NCvB and point out that this may be due to the non-compliance with reporting obligations by occupational physicians, the reduced contact of occupational physicians with workers for routine examinations, the lack of information on occupational diseases among self-employed and precarious workers, as well as the absence of a separate (additional) statutory insurance for occupational diseases. The Committee requests the Government to provide its comments in this respect. It also requests the Government to provide information on further measures taken or envisaged in order to improve the rate of notification of occupational diseases to the NCvB, as well as statistics on the reports received by the NCvB.
Regarding notification to the labour inspectorate, the Committee requests the Government to refer to its direct request regarding the application of Article 14 of Convention No. 81 and Article 19 of Convention No. 129 (notification of occupational diseases). 

B.Protection against specific risks

1.Radiation Protection Convention, 1960 (No. 115)

Article 1 of the Convention. Laws and regulations. Consultation. The Committee notes the adoption in 2017 of the Decree on basic safety standards for radiation protection and in 2018 of the Regulation on radiation protection for occupational exposure. The Committee also notes the Government’s indication that the Decree on basic safety standards for radiation protection has repealed the Decree on radiation protection of 2001 and has implemented the Council Directive 2013/59/Euratom of 2013 laying down basic safety standards for protection against the dangers arising from exposure to ionizing radiation. The Committee requests the Government to provide information on the consultations held with representatives of employers and workers prior to the adoption of the Decree on basic safety standards for radiation protection and its corresponding Regulation.
Articles 2(2) and 6(1). Exemptions.The Committee notes that sections 11.7(1) and 7.31(1) of the Decree on basic safety standards for radiation protection provide that the competent authorities may grant exemptions from the provisions of its Chapter 7 concerning occupational exposure to radiation and from the dose limits prescribed in section 7.34 for workers directly engaged in radiation work, respectively. The Committee requests the Government to provide information on any exemptions that may have been adopted under the above-mentioned provisions.
Articles 3(1), 6 and 7. Effective protection of workers in the light of the knowledge available. Maximum permissible doses. 1. Protection for pregnant and breastfeeding workers. With regard to its previous comment on the methods of protection at work for workers who are pregnant, the Committee notes that the Government refers to section 7.36(1) of the Decree on basic safety standards for radiation protection, which provides that the employer shall ensure that the working conditions for pregnant workers are such that the equivalent dose for the unborn child is as low as reasonably achievable and that it is unlikely that this dose will exceed 1 mSv from the moment the pregnancy is reported to the employer until the end of the pregnancy. The Committee notes that the Government also indicates that, pursuant to section 7.29(1) of the Decree on basic safety standards for radiation protection, the employer shall ensure that, before the commencement of work, women workers who are likely to be exposed to ionizing radiation are adequately informed of: (i) the need to report a pregnancy at an early stage in view of the risks of exposure to ionizing radiation for the unborn child; and (ii) the risks to a breastfed child from contamination from the mother's body. The Committee notes this information, which addresses its previous request.
2. Persons between 16 and 18 years of age. Prohibition on the engagement of workers under the age of 16 in work involving ionizing radiation. The Committee notes the Government’s indication that, pursuant to sections 7.4 and 7.35 of the Decree on basic safety standards for radiation protection, workers under the age of 18 are prohibited from working with radioactive sources with the sole exception of students from 16 years of age studying a profession in the nuclear or radioprotection field. The Committee notes that the dose limits provided for in the Decree on basic safety standards for radiation protection for this group have been established in accordance with the recommendations of the International Commission on Radiological Protection. Noting the absence of specific information in this respect, the Committee requests the Government to indicate whether maximum dose limits have been established for apprentices between the ages of 16 and 18 who are being trained for employment involving radiation, or whether the dose limits for students in sections 7.4 and 7.35 also apply to apprentices.
3. Lens of the eye. With regard to its previous comment on the review of the maximum permissible doses established with respect to the lens of the eye for radiation workers and for students and apprentices between 16 and 18 years of age, the Committee notes with interest that the Government refers to sections 7.34(2) and 7.35(2) of the Decree on basic safety standards for radiation protection, which respectively fix the limits for the equivalent dose for the lens of the eye at 20 mSv a year for workers directly engaged in radiation work and at 15 mSv a year for students between the ages of 16 and 18 who are exposed to radiation in the course of their studies. The Committee notes this information, which addresses its previous request.
Article 9(2). Adequate instruction of all workers engaged in radiation work. The Committee notes that section 7.28 of the Decree on basic safety standards for radiation protection provides that the employer shall ensure: (i) appropriate training and information programmes for workers, focusing, where appropriate, on high-activity sources; and (ii) that the employees cooperate in the information meetings and training organized for them, and comply with the instructions given to them pursuant to the Decree on basic safety standards for radiation protection. The Committee requests the Government to provide detailed information on the training and information programmes for workers carried out under section 7.28 of the Decree on basic safety standards for radiation protection, specifying the measures adopted to ensure that workers engaged in radiation work are adequately instructed, before and during such work, in the precautions to be taken for the protection of their health and safety and the reasons thereof.
Articles 12 and 14. Medical examinations. Employment involving exposure to ionizing radiation contrary to medical advice. The Committee notes that section 7.11(1) to (3) of the Decree on basic safety standards for radiation protection provides that employers shall classify each worker directly engaged in radiation work as an A or B worker, for the purpose of individual monitoring and health surveillance: category A-workers are those who receive an annual effective dose greater than 6 mSv and category B-workers are those who are not classified as category A-workers. The Committee also notes that sections 7.21(4) and 7.25 of the Decree on basic safety standards for radiation protection provide respectively that: (i) medical examinations of category A-workers shall take place before the commencement of radiation work, periodically during employment (at least once a year) and after the period of employment as a category A-worker; and (ii) a worker shall not be employed in a specific position as a category A-worker if, according to the results of an initial health examination, he or she is not suitable for that position. The Committee requests the Government to provide information on the measures taken to ensure that: (i) category B-workers undergo appropriate medical examinations prior or shortly after taking up radiation work and subsequently undergo further examination at appropriate intervals (Article 12 of the Convention); and (ii) no category B-worker is employed or continues to be employed in work by reason of which the worker could be subject to exposure to ionizing radiations contrary to qualified advice (Article 14 of the Convention).

2.Occupational Cancer Convention, 1974 (No. 139)

Articles 2 and 6(a) of the Convention. Replacement of carcinogenic substances and agents. Consultations on measures to give effect to the Convention. With regard to its previous comment, the Committee notes that the Government indicates, in its report, that the occupational hygiene strategy prescribes substitution with less harmful substances as a first step as far as possible and makes a general reference to a self-inspection tool on working with hazardous substances available to employers on the website of the labour inspectorate. The Committee notes that the FNV and CNV reiterate that there is a lack of discussion on substitution of carcinogenic substances and that such substitution should be discussed in the tripartite Social Economic Council before determining limit values. Furthermore, the FNV and CNV indicate that the labour inspectorate is not in a position to provide information on the number of companies that have been inspected in relation to the application of section 4.17 of the Working Conditions Decree, which provides for the replacement of carcinogenic or mutagenic substances and processes with a view to minimizing the exposure of workers. The Committee requests the Government to provide information on further specific measures taken in practice to ensure that carcinogenic substances are replaced by non-carcinogenic substances or agents, or by less harmful substances or agents, including any discussion on the substitution of carcinogenic substances in the tripartite Social Economic Council. The Committee requests the Government to refer to its comment onArticle 6(c) (provision of appropriate inspection services) of the Convention. 
Article 3. Establishment of an appropriate system of records. With regard to its previous comment, the Committee notes the Government’s reference to a study of December 2017 on how to deal with work-related data and data on occupational side-effects to health, which the Committee noted in its previous comments on the Chemicals Convention, 1999 (No. 170). The Government indicates that, based on the 2017 study, improvements appear to be necessary in the field of compliance with the registration obligations of employers. In this regard, the Government refers to actions taken to disseminate information on the responsibilities of all stakeholders involved in the setting up a safe workplace when working with hazardous substances, as well as to improve compliance with risk-assessment obligations. The Committee notes that the FNV and CNV underline the absence of a commitment for action by the Government and indicate that an evaluation report on policy interventions prepared by the Government concluded that between 2012 and 2020 the communication actions did not have the expected policy effects. Recalling thatsection 4.15 of the Working Conditions Decree requires employers to keep a list of employees who are or may be exposed to carcinogenic substances, the Committee once again requests the Government to indicate the measures taken in practice by the labour inspectorate to identify companies where workers are exposed to carcinogenic substances and to ensure that these companies have established an appropriate system of records under the above-mentioned provision, as well as to indicate any consultations undertaken with the most representative organizations of employers and workers concerned.
Article 4. Workers provided with all the available information on the dangers involved from exposure. The Committee notes that the Government states that providing information, as well as education and internal supervision, are key regulatory provisions and that those matters have been the subject of much attention in the occupational disease prevention programme. In this respect, the Committee notes that the FNV and CNV indicate that these key regulatory provisions are neglected by employers and that the non-compliance with these provisions is partly the cause of most of the accidents investigated. Noting the absence of information in reply to its previous comment, the Committee once again requests the Government to provide information on concrete measures taken to ensure that workers, including “flex-workers”, exposed to carcinogens are provided with all the available information on the dangers involved and on the protective measures to be taken.
Article 5. Medical examinations after the period of employment. With regard to its previous comment, the Committee notes the Government’s indication that employers can request medical professionals to work out how to ensure transmission to the public medical services after the period of employment. The Committee requests the Government to provide information on concrete measures taken by medical professionals or public medical services to ensure that workers exposed to carcinogens are provided with medical examinations after the period of their employment.
Article 6(c). Provision of appropriate inspection services. With regard to its previous comment, the Committee notes that the Government indicates that the labour inspectorate has a specific inspection programme on health and safety issues related to work with hazardous substances and refers to the increased capacity of the labour inspectorate in this respect. The Committee notes that while the FNV and CNV acknowledge that these are improvements, they reiterate their concerns regarding the system of self-regulation of working conditions and the problems in the enforcement of the legal framework giving effect to the Convention. The Committee requests the Government to continue to provide information on specific measures taken in practice by the labour inspectorate to ensure that workplaces where workers may be exposed to carcinogens comply with the provisions of the Convention. Furthermore, the Committee requests the Government to refer to its comments regarding the application of Conventions Nos 81 and 129. 

3.Working Environment (Air Pollution, Noise and Vibration) Convention, 1977(No. 148)

Article 4 of the Convention. Protection against occupational hazards in the working environment. Air pollution. Noting the absence of information in reply to its previous comment, the Committee once again requests the Government to provide its comments with respect to the previous observations of the FNV and CNV that while there are limit values established for many chemical substances, there are no specific health and safety regulations related to ultrafine particles.
Article 11(3) and (4). Continued assignment to work. With regard to its previous comment, the Committee notes the Government’s indication in its report that, pursuant to section 7:658a(1) of the Civil Code, employers must offer suitable work in their own companies if workers are temporarily unable to carry out their own work due to incapacity for work and that where suitable work is not available in the employers’ companies, the employers must seek suitable work with another employer. The Committee notes that the above-mentioned provision appears to provide that alternative work with other employers will be in place for the period during which the original employer is obliged to continue to pay wages of the workers concerned under section 7:629 of the Civil Code (104 weeks) or the relevant provisions of the social security and insurance legislation. The Committee notes this information and once again requests the Government to provide specific information on the measures or provisions in place to ensure that the rights of workers under social security or social insurance legislation are not adversely affected.

4.Asbestos Convention, 1986 (No. 162)

Articles 3(1) and (2), 4, 9(2) and 15(1) of the Convention. Laws and regulations. Consultation with the most representative organizations of employers and workers. Special rules and procedures for certain work processes. Exposure limits. With regard to its previous comment, the Committee notes that, in its report, the Government provides information on amendments to the Working Conditions Decree adopted in 2014, 2016 and 2017. Pursuant to these amendments: (i) a new certification and accreditation system was introduced whereby statutory certificates, including those for work involving exposure to asbestos, can only be issued by bodies accredited by the Dutch Accreditation Council; (ii) the limit values for the exposure of workers to asbestos (chrysotile and amphibole groups) were reduced; and (iii) corresponding changes were made to the asbestos risk classification (which is used to determine the preventive measures to be taken) and to the process of assessing the safety of workplaces following work with asbestos. The Government indicates that the latter amendments were adopted considering advice from the Committee on Limit Values for Substances at the Workplace, which is part of the tripartite Social and Economic Council. The Committee requests the Government to continue to provide information on legislative measures undertaken with regard to the application of the Convention.
Application in practice. The Committee notes that, in reply to its previous comment, the Government provides information on the number of workers holding certificates for asbestos removal or demolition work (3,086 workers) and inventory activities (874 workers), specifying that the number of workers incidentally exposed to asbestos during maintenance work (mainly in the installation and constructions sectors) remains unknown. It also notes the Government’s indication that the total number of new occupational diseases due to exposure to asbestos in the past (including lung cancer and asbestosis) was estimated at around 1,300 in 2016 by the National Institute for Public Health and the Environment (RIVM), when limit values of exposure were higher. The Committee also notes that the Asbestos Validation and Innovation Centre was established in June 2020 as an independent body under the RIVM that advises the Ministry of Social Affairs and Employment on the occupational safety of methods used for asbestos removal work (including working methods, techniques, devices or machines). The Committee notes this information which responds to its previous request.

5.Chemicals Convention, 1990 (No. 170)

Article 11 of the Convention. Transfer of chemicals. Noting the absence of information in reply to its previous comment, the Committee once again requests the Government to indicate the measures taken for employers to ensure that when chemicals are transferred into other containers or equipment, the contents are indicated in a manner which will make known to workers their identity, any hazards associated with their use and any safety precautions to be observed.
Application in practice. The Committee notes that the FNV and CNV reiterate most of their previous observations relating to problems in the enforcement of the legal framework giving effect to the Convention by the labour inspectorate. In this regard, the Committee notes that, as under the Occupational Cancer Convention, 1974 (No. 139), the Government refers to the inspection programme on health and safety issues surrounding work with hazardous substances and to the increased capacity of the labour inspectorate. It also indicates that compliance with relevant national legislation is enforced through traditional inspections and is further encouraged and promoted through, inter alia, self-inspection tools, making information on hazardous substances easily available to workers (via an online application), and information and awareness-raising campaigns. The Committee notes that the FNV and CNV recognize as an improvement the fact that the labour inspectorate is requesting information on hazardous substances from companies using these substances and testing the use of new enforcement methods in pilot-studies, such as requesting risk-assessments and chemical documents by digital enforcement. The Committee notes, however, that the FNV and CNV also point out that the labour inspectorate mainly focuses on awareness-raising activities, and generation of information and campaigns. The organizations further indicate that a 2019 study commissioned by the Government concluded that its previous policy (based on the idea of self-regulation of working conditions) has not led employers and workers to fulfil this public task. According to the FNV and CNV, the Minister of Social Affairs and Employment has considered that the aforementioned study includes interesting recommendations for the next policy agenda such as, , not focusing only on self-regulation and other soft instruments, but using a broader range of interventions. The Committee requests the Government to continue to provide information on specific measures taken to ensure that the provisions of the Convention are applied in practice, including any follow-up actions to the conclusions and recommendations of the 2019 study commissioned by the Government. Further, the Committee requests the Government to refer to its comments regarding the application of Conventions Nos 81 and 129. 

6.Prevention of Major Industrial Accidents Convention, 1993 (No. 174)

Article 4 of the Convention. National policy. With regard to its previous comment on possible amendments to the Additional Risk Assessment and Evaluation (ARIE) Regulations, the Committee notes the Government’s indication, in its report, that these Regulations, which provide for supplementary risk assessment and evaluation obligations for companies working with large quantities of dangerous substances, were not amended between 2014 and 2021, but are undergoing revision and are expected to be amended in 2022. The Government also indicates that the recommendations of the tripartite Social Economic Council are being taken into consideration in the amendment process. The Committee notes that the FNV and CNV generally agree with the amendments to the ARIE Regulations and propose a number of recommendations in this regard, which the Government indicates will be taken into consideration.
Furthermore, the Committee also notes the Government’s indication that the Decree on hazards of major accidents of 2015, which implements the Directive 2012/18/EU on the control of major-accident hazards involving dangerous substances, will be repealed in the framework of a major adjustment of all environmental, nature and surroundings legislation that is also planned for 2022. The Committee requests the Government to provide detailed information on how effect is given to each provision of the Convention following such legislative reform process. It also requests the Government to provide copies of all relevant laws and regulations once adopted.
Article 16(a) and (b). Responsibilities of the competent authorities concerning off-site emergency preparedness. With regard to its previous comment, the Committee notes that the Government indicates that relevant information on off-site emergencies can be found on official websites containing a map of all risks to the public (for example, an accident involving dangerous substances), as well as instructions on actions to be taken. The Committee notes that this risk map has been developed within the framework of the Act on Safety Regions, according to which off-site emergency plans are drafted by local authorities. The Committee also notes the Government’s indication that in the event of a major accident, there are several ways of notifying the public under the Act on Safety Regions, including through a local alarm and signal system, a digital alert in harmful and life-threatening situations, such a major fire, and mobile notifications. The Committee takes note of this information which responds to its previous request.
Article 17. Siting of major hazard installations. With regard to its previous comment, the Committee notes that the Government indicates that the General Provisions Act (WABO) is the basis for many of the permits relating to the physical living environment and that together with the Environmental Management Act, they are the legal basis for ensuring that major hazard sites are separated from other areas. Moreover, it indicates that permits for major hazard installations are revised every five years under the above legislation if anything has changed. The Committee notes that also in the framework of the aforementioned legislative reform process, amendments regarding the siting of major hazard installations are expected to be adopted in 2022. The Committee requests the Government to refer to its comment on Article 4 (national policy) of the Convention.
Application in practice. The Committee notes the information provided by the Government in reply to its previous request concerning the actions undertaken to improve safety at major hazard companies and the cause of the increase in the number of safety reports received by the labour inspectorate since 2011. The Committee takes note of this information which responds to its previous request.

C.Protection in specific branches of activities

Safety Provisions (Building) Convention, 1937 (No. 62)

The Committee notes the information provided by the Government, in its report, in reply to its previous request concerning: (i) the adoption of a new policy rule on OSH catalogues in 2019, the tools in place to assist the social partners in developing and improving OSH catalogues (for example, digital support to develop specific OSH catalogues and guidance manuals on a range of specific risks at work) and the number of OSH catalogues approved by the labour inspectorate (approximately 150); (ii) the amendment of Chapter 2, section 5 on construction processes of the Working Conditions Decree in 2016, which aimed at improving compliance with the relevant provisions and allowing better enforcement; and (iii) the number of workplaces in the building sector (190,340 in 2019 and 202,455 in 2020), the number of enterprises inspected (829 in 2019 and 844 in 2020), the number of accidents, including fatal accidents (470 in 2016 (fatal accidents: 16); 503 in 2017 (fatal accidents: 20); 415 in 2018 (fatal accidents: 11) and 374 in 2019 (fatal accidents: 14)). The Committee takes note of this information which responds to its previous request.
Furthermore, the Committee recalls that the ILO Governing Body at its 334th Session, October–November 2018, on the recommendation of the Standards Review Mechanism Tripartite Working Group, confirmed the classification of Convention No. 62 as an outdated instrument, and placed an item on the agenda of the 112th Session of the International Labour Conference (2024) for the consideration of its abrogation. The Governing Body requested the Office to undertake follow-up action to actively encourage the ratification of the up-to-date instrument concerning OSH in construction, the Safety and Health in Construction Convention, 1988 (No. 167). The Committee encourages the Government to follow up the Governing Body’s decision at its 334th Session (October–November 2018) approving the recommendations of the Standards Review Mechanism Tripartite Working Group, and to consider ratifying Convention No. 167.

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The Committee notes the joint observations of the Netherlands Trade Union Confederation (FNV) and the National Federation of Christian Trade Unions (CNV) received on 31 August 2021 and the comments provided by the Government in this respect.
Article 5 of the Convention. Adequate and appropriate system of inspection. Effective enforcement and compliance. Further to its previous comment, the Committee notes that the Government refers to the asbestos supervision programme of the labour inspectorate which aims to increase compliance with the relevant legislation by companies holding certificates for asbestos removal work. The Government specifies that under this programme: (i) there is the objective of inspecting certified companies at least once every three years; (ii) in practice 90 per cent of these companies were inspected in this period; (iii) notorious non-compliant companies are visited several times a year and may have their activities temporarily suspended (three suspensions were issued in 2020 following the detection of serious and frequent violations); (iv) awareness-raising of employers and workers about the dangers and risks of asbestos is carried out in asbestos removal companies; and (v) in 2020, the programme focused on targeting illegal asbestos removals as well as on occupational groups working in installation and plumbing companies. The Government also refers to the increased capacity of the labour inspectorate and to the development of new assessment tools for certified companies engaged in asbestos removal and for workers. The Government further indicates that, in 2020 violations were identified in about 55 per cent of the companies inspected, most of which had committed serious violations, including the absence of risk assessments and the illegal removal of asbestos and that there is an ongoing criminal investigation in relation to illegal asbestos removal.
The Committee notes that the FNV and CNV reiterate observations on the functioning of the certification system for asbestos removal companies, stating that those that systematically fail to comply with the legislation can continue to operate and their certificates are very rarely removed. In their view, following serious violations where workers are exposed to asbestos beyond the limit value of 2000 fibres/m3, the companies’ operations should not be stopped temporarily, but permanently.
In this regard, the Committee takes note of the Government’s indications that: (i) the measures adopted by the labour inspectorate with respect to offending certified companies should be proportionate to the seriousness of the violations detected and it would not be proportionate to ban the operation of these companies following the detection of one serious violation; (ii) ordering a temporary halt of all activities of such companies is a serious measure applied by the labour inspectorate that can have direct and major consequences; (iii) the labour inspectorate reports suspicions of non-compliance by a certified company to the certification bodies, which determine whether this is the case and then take action; (iv) when non-compliance with the requirements of the certification system is detected, the certification bodies take appropriate measures against certified companies, including issuing a warning, unconditional or conditional suspension of activities and, as a final measure, withdrawal of the certificate (after giving the certified company the opportunity to implement the required improvements); and (v) the labour inspectorate supervises the certification system, including the manner in which certification bodies carry out their tasks and is authorized, if necessary, to impose measures on certification bodies, including suspension or revocation of their designation where there are serious shortcomings. The Committee requests the Government to continue to provide information on specific measures taken in practice by the labour inspectorate to ensure compliance with the provisions of the Convention, including information on the number of inspectors dedicated to asbestos-related inspections, inspection visits, violations detected, and penalties imposed, as well as activities to supervise the certification system for asbestos removal. The Committee also requests the Government to provide further information on certified companies whose certificates to work with asbestos have been withdrawn by the competent certifying bodies, following inspections carried out or actions taken by the labour inspectorate.

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The Committee notes the observations of the Netherlands Trade Union Confederation (FNV) received on 28 August 2014.
Legislation. The Committee notes the information in the Government’s report that, since February 2012, new provisions in the field of certification of asbestos removal are in place, and that the national system for certification has been changed in order to have stricter reinforcement with regard to non-conforming certificate holders and certifying institutions. The Committee also notes that, since 1 April 2014, the compensation scheme for asbestos victims (“TAS” and “TNS” scheme), which was originally open to victims of mesothelioma, has been modified so that victims suffering from asbestosis can also apply. The Committee also notes the observations made by the FNV, complimenting the Government on the new Legal Limit Values (or Binding Occupational Exposure Limits (BOELs)) which bring changes to the limit values for asbestos and will be implemented and enforced in 2015. The Committee requests the Government to continue to provide information on legislative measures undertaken with regard to the application of the Convention.
Article 5 of the Convention. Adequate and appropriate system of inspection and appropriate penalties. The Committee notes the information in the Government’s report that, since January 2012, the Labour Inspectorate I SZW (I SZW) has a special team dedicated to asbestos inspection and that enforcement has intensified and is focused on high-risk activities, mainly in the undertaking of demolition work with exposure to asbestos. The minimum penalties for violations of the rules on working safely with asbestos were doubled and in cases of recidivism progressively higher penalties are enforced, a policy with which the FNV agrees. The Committee notes, however, that the FNV, in its observations, worries about the system of certification of asbestos removal/demolition companies, stating that those who do not comply with the law should be punished and have their certificate removed. The FNV is also worried about the way in which the I-SZW is operating in the field of asbestos, as there are only 13 labour inspectors responding to more than 53,000 asbestos removal reports each year. The FNV further indicates that 70 per cent of the asbestos removal companies do not feel enough pressure from the I-SZW. The Committee notes from the Government’s report that a self-inspection tool was developed, giving instructions to workers and employers on asbestos removal, as well as, the national asbestos following system (LAVS), a system for the exchange of information between all parties involved when the asbestos removal/demolition is in progress. This system aims to make enforcement easier and more effective by national and local authorities and to make the asbestos removal process more transparent for property owners. The Committee notes that the FNV does not believe that the self-inspection tool is effective for companies which deliberately contravene the health and safety regulations and that the positive impact of this tool on the protection of workers is not known. In light of the concerns raised by the FNV, the Committee requests the Government to provide information on the measures taken to ensure the effective enforcement of the provisions of the relevant legislation, including with regard to the number of labour inspectors who specialize in asbestos and the penalties imposed in case of violation of the legal provisions. The Committee also asks the Government to give an appreciation of the impact of the self-assessment tool on the protection of workers.
Application of the Convention in practice. The Committee notes the information in the Government’s report regarding the allocation of compensation for victims suffering from mesothelioma. In 2012, 469 persons suffering from mesothelioma received an allowance, which was an advance payment by the Government, preceding potential compensation by employers, ensuring that victims receive compensation while they are still alive, since asbestos victims are often deceased by the time an employer is willing to pay compensation, due to negotiations or lengthy court processes. Moreover, this allowance provides for compensation in cases where the former employer is unknown or can no longer be traced, and it is in addition to the income that the victims receive during sick leave or disability leave. The Committee notes that 63.7 per cent of the mediations for victims or their companions resulted in compensation. It further notes that the I SZW intensified communication about the risks of asbestos and that national meetings were organized and tools were developed to influence the behaviour and attitude of workers who are at risk of exposure to asbestos. The Committee requests the Government to continue to provide detailed information on the application of the Convention in practice, including information on the number of workers covered by the relevant legislation, the number and nature of contraventions reported and the number of occupational diseases reported as being caused by asbestos.

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Part V of the report form. Application in practice. The Committee notes with interest the comprehensive information provided by the Government in its latest report, including statistical information on the application of the Convention in the Netherlands and information on compensation entitlements for asbestos victims suffering from mesothelioma. The Committee notes the comments submitted by the Netherlands Trade Union Confederation (FNV) and received by the Office on 30 August 2010 which indicate that only half of the victims of mesothelioma receive the full fixed standard amount of compensation. The Committee welcomes the detailed ten-year survey report published by the Dutch Institute for Asbestos Victims (IAS) and its informative website which contains relevant asbestos-related information from all over the world. The Committee also notes the significant work undertaken by IAS in the field of asbestos, including the development of a database on asbestos victims; research on the diagnostic techniques and medical panels on mesothelioma; research on asbestos-related lung cancer; and research on the possible link between the method of asbestos exposure and the nature of its carcinogenic effect. The Committee further notes the information indicating measures that have been taken to control work with asbestos, including the enhancement of the procedures and the enforcement of local authorities; a more integrated enforcement approach and higher fines; enhancement of the system of certification; and the possible incorporation of new scientific conclusions (in particular, possible limit values) in legislative measures. The Committee notes that the comments of FNV call for close monitoring of the effects of such measures. The Committee asks the Government to continue to provide information on the application of this Convention in practice, in particular on the outcome of measures taken to address the hazards involved when undertaking demolition work where there is exposure to asbestos and on the allocation of compensation for victims suffering from mesothelioma, in light of the comments received from FNV.

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The Committee notes the response provided by the Government in its latest report, including information on the effect given to Article 2(b)–(e), Article 3(2), Article 4, Article 12(1), and Article 22(1), of the Convention. The Committee also notes the information indicating that the total ban against asbestos of 1993 remains in force without exceptions and that recent amendments to legislation reflect the provisions in the European Community Regulation on chemicals and their safe use (EC 1907/2006), which does not allow for derogations from the prohibition of the use of asbestos.

Article 21, paragraph 4. Compensation for workers suffering from asbestos-related diseases. The Committee notes the observations by the Federation of Netherlands Trade Unions (FNV), received on 25 November 2004 and transmitted to the Government on 6 December 2004. In its observations, the FNV particularly refers to possible entitlements to compensation of workers who suffer from asbestos-related occupational diseases, and to the issue currently under investigation as to whether or not the employer must pay a further amount in addition to the standard amount of compensation. The Committee requests the Government to provide further information on entitlements to compensation and compensation effectively paid to workers suffering from asbestos-related diseases.

Article 22, paragraph 1. Dissemination of information with regard to hazards due to exposure to asbestos. With reference to its previous comments on the observations by the Trade Union of Middle Categories and Senior Staff Unions, the Committee notes the information that the National Institute for Asbestos Victims is involved in the dissemination of information on the actual use of asbestos at workplaces. The Committee requests the Government to provide further information on the work of the National Institute for Asbestos Victims and how they are associated in the work related to the dissemination of information with regard to hazards due to exposure to asbestos.

Part V of the report form. Application in practice. The Committee notes the information provided in the Government’s report, including information on the records of all victims of mesothelioma, as records on occurrences caused only by work-related factors are not available. The Committee notes the observations by the FNV, submitted on 28 August 2009 and transmitted to the Government on 16 September 2009, indicating that, in their view, it should be possible to specify the number of victims of mesothelioma attributed to work-related factors, with reference, inter alia, to information made available by the National Institute for Asbestos Victims. The FNV further indicates that it has asked the Government to take action and set up a national asbestos register. The Committee also notes the observations by the FNV indicating that they concluded in 2007, that in the field of removing asbestos from building sites and other places, the situation in the Netherlands is poor and a lot of demolition work is done in a way where workers are not well protected. The Committee requests the Government to respond to these comments; to provide further information on the recording and notification procedures regarding victims of asbestos-related diseases; to provide relevant statistical information; and to indicate measures taken to ensure that workers involved in demolition are adequately protected from hazards related to exposure to asbestos.

[The Government is asked to reply in detail to the present comments in 2010.]

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The Committee takes note of the Government’s comprehensive first report and the documentation annexed. It would like to draw the Government’s attention to the following points requiring additional information.

1. Article 2, subparagraphs (b), (c), (d) and (e), of the Convention. Definitions. The Committee would like the Government to indicate the manner in which the terms "asbestos dust", "airborne asbestos dust", "respirable fibres" and "exposure to asbestos dust" are defined in the national legislation.

2. Article 3, paragraph 3, and Article 4. Derogations. The Committee notes that, pursuant to article 4.42 of the Working Conditions Decree, 2000, temporary derogations from the prohibition to handle, process or store asbestos or products containing asbestos may be granted by the Ministry of Social Affairs and Employment. For individual enterprises, article 9.11 of the above Decree authorizes the Labour Inspectorate to grant such derogations, if no alternative substance or technology are available. The Government indicates that such derogations are to be prepared in consultation with the social partners of the most important branches or with the employer and the workers or the workers’ representatives concerned. The Committee requests the Government to specify the legal basis providing for consultations prior to derogations from the asbestos prohibition spelled out in article 4.42 of the Working Conditions Decree, 2000. The Committee further requests the Government to indicate whether and, if so, to which extent general consultations take place with the most representative organizations of employers and workers concerned on the measures taken for the prevention and control of, and protection of workers against, health hazards due to occupational exposure to asbestos. Finally, the Committee notes the information provided with the Government’s report concerning the national and individual derogations granted from the asbestos interdiction. The Government refers in this regard to a derogation granted on the basis of articles 4 and 5 of the Decree to prevent the inclusion of asbestos free friction materials in vehicles, 1991. In this connection, the Government, however, announces that it intends to abolish this Decree in the near future because of the availability of substitute products. The Committee, while noting this information with interest, requests the Government to keep it informed on any changes in legislation on the matter.

3. Article 12, paragraph 1. Prohibition of spraying of all forms of asbestos. The Committee notes article 4.38 of the Working Conditions Decree, 2000, providing for the prohibition of spraying of products containing crocidolite. The Committee, recalling that Article 12, paragraph 1, of the Convention provides for the prohibition of spraying of all forms of asbestos, requests the Government to take the necessary measures to align the national legislation with this provision of the Convention.

4. Article 22, paragraph 1. Arrangements for information and education of all concerned. The Committee notes section 5.7, article 4.57 of the Working Conditions Decree 2000, providing that workers who perform work involving a risk of exposure to asbestos dust or crocidolite dust shall be properly informed and given effective instruction in accordance with a plan, which shall be drawn up in writing. However, this provision seems not to cover arrangements to be taken by the competent authority, in consultation with the most representative organizations of employers and workers concerned, to promote the dissemination of information and the education of all concerned with regard to health hazards due to exposure to asbestos and to methods of prevention and control. The Committee therefore requests the Government to indicate whether such arrangements have to be taken and, if that is the case, to indicate the legal basis providing for these arrangements.

5. Part V of the report form. Practical application. The Committee notes the information provided with the Government’s report regarding the practical application of this Convention in the country. It notes in particular the Government’s indication that the impact of asbestos is decreasing due to the total ban on asbestos, which became effective in 1993. Today, the most important exposure takes place during asbestos removal work. The Committee further notes the number of occupational diseases contracted due to workers’ exposure to asbestos as well as the statistical data on death caused by asbestosis. Although the overall number of cases of death caused by asbestosis seems to be rather modest, the Committee notes with concern the Government’s indication that, according to recent studies, the problem will amplify, i.e. the number of asbestos-related diseases will significantly increase in the next 35 years as a result of past exposure. In the light of this information, the Committee hopes that the Government will take all the measures necessary to ensure an effective protection of workers who are exposed or will be exposed to asbestos in the course of their work. It invites the Government to continue to supply information on the manner in which the Convention is applied in practice in the country.

6. Finally, the Committee requests the Government to indicate whether the legal text of 1993 providing for a total ban on asbestos is still in force and, if that is the case, to transmit a copy for further examination.

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The Committee notes the comments sent by the Trade Union of Middle Categories and Senior Staff Unions (MHP), dated 27 September 2004, containing information on the tasks of the national Institute for Asbestos Victims, which consist in the dissemination of the actual use of asbestos at workplaces. The Committee also notes the comments supplied by the Federation of Netherlands Trade Unions (FNU), which the ILO received on 25 November 2004. In its comments, the Federation particularly refers to possible entitlements to compensation of workers who suffer from asbestos-related occupational diseases, and to the issue currently under investigation as to whether or not the employer must pay a further amount in addition to the standard amount of compensation. The Committee will address these comments at its next session along with the replies received from the Government.

The Committee is addressing a request on other points directly to the Government.

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