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Legislation. The Committee notes with interest Decree No. 154/002 of 2 May 2002 concerning the prohibition of the use of asbestos, the preamble of which refers explicitly to the Asbestos Convention, 1986 (No. 162), and the Asbestos Recommendation, 1986 (No. 172).
Article 2 of the Convention. Definitions. With reference to its previous comments, the Committee notes the Government’s indication that although there is currently no specific national legislation which defines the terms referred to in this Article, these terms are applied pursuant to Act No. 16.643 of 8 December 1994, which ratified the present Convention. The Committee requests the Government to take all relevant measures, in law and in practice, to give effect to this Article of the Convention.
Article 3, paragraph 2. Periodical revision of the legislation in the light of technical and scientific progress. The Committee notes the Government’s indication that Decree No. 291/007 of 13 August 2007, which gives effect to the Occupational Safety and Health Convention, 1981 (No. 155), establishes participatory bodies at the enterprise level and establishes at national level the tripartite sectoral committees and the National Council for Occupational Safety and Health as the supervisory body for risk prevention and the promotion of occupational health and wellbeing. The Government states that section 12 of the Decree gives the tripartite sectoral committee competence to undertake a periodic evaluation of national policy and, under section 15(b), the tripartite sectoral committee must inform the general labour and social security inspectorate of substances and agents in respect of which exposure at work must be prohibited or specially limited and, under section 15(f), new risks arising from technological innovation must be evaluated. The Committee requests the Government to supply information on the measures taken by the participatory bodies referred to in relation to this Article of the Convention.
Article 6, paragraph 2. Cooperation between employers undertaking activities simultaneously at one workplace. The Committee notes that no specific regulation has been adopted on this matter and that the general provisions of Decree No. 406/88 and Decree No. 291/007 apply. However, the Committee notes that these Decrees do not regulate this matter. The Committee requests the Government to take appropriate measures to give full legislative expression to this provision of the Convention and to supply information in this respect.
Article 10, subparagraphs (a) and (b). Prohibition and replacement of asbestos. The Committee notes that section 1 of Decree No. 154/002 states that the manufacture, introduction in whatever form onto national territory and marketing of products containing asbestos covered by heading 6811 and item 6812.50.00.00 of the NCM shall be prohibited. Section 2 states that for the manufacture, introduction in whatever form onto national territory and marketing of asbestos or products containing asbestos, where these are not covered by section 1, permission must be obtained from the Ministry of Public Health, which shall have the competence to issue permission subject to a ruling from the Honorary Committee on Insalubrious Work. The Committee also notes that, in order to obtain authorization for bringing such products into the country, the manufacturer, transporter or trader must submit technical reports describing the characteristics of the products or elements concerned (section 3), and, should permission be granted, the Ministry of Public Health shall specify the quantities, classes, length of permit and other conditions relating to introduction into the country, manufacture or marketing of the products concerned (section 5). Furthermore, the Committee notes that, according to the report, on the basis of this Decree many enterprises which were using asbestos in their work replaced it in the relevant processes, and retained it in cases which were authorized according to the terms of section 1 of Decree No. 154/002. With reference to section 1 of this Decree, the Committee requests the Government to indicate which type of asbestos is prohibited, since this section gives only indirect specifications (products containing asbestos covered by heading 6811 and item 6812.50.00.00 of the NCM).
Article 15, paragraphs 1 and 2. Establishment of exposure limits for workers. The Committee notes the Government’s statement that, to date, no provision has been adopted in this area. However, it notes that Ordinance No. 145/009 of the Ministry of Public Health establishes the basic framework relating to the various physical and chemical risk factors, respective controls and analyses, and that the basic framework takes account of biological indicators relating to dose, effect and exposure. It also notes that the reference values will be updated annually by the Directorate-General of Health in line with the latest data published by the American Conference of Governmental Industrial Hygienists (ACGIH). The Committee requests the Government to supply information on the exposure limits for asbestos laid down by the Ministry of Public Health pursuant to this Ordinance.
Article 11. Prohibition of crocidolite. Article 12. Prohibition of spraying of all forms of asbestos. Article 20, paragraphs 2 and 3. Keeping of records containing the results of the monitoring of the working environment. The Committee notes the Government’s statement that no regulations have yet been adopted on these matters. The Committee requests the Government to supply detailed information on the measures taken to give effect to these Articles in law and in practice.
Article 13. Employers’ obligation to notify to the competent authority the types of work involving asbestos. Article 17. Demolition of plants and structures containing asbestos. Article 19. Handling of asbestos waste. Article 21, paragraph 2. Free medical examinations for workers. Article 21, paragraph 3. Adequate information to workers on the results of their medical examinations. Article 22, paragraph 2. Employers’ obligation to establish written policies and procedures for the education and periodic training of workers related to asbestos hazards. The Committee notes that the Government has still not supplied any information on these matters. The Committee requests the Government to supply detailed information on the measures taken to give effect to these Articles in law and in practice.
Part V of the report form. Application in practice. The Committee notes the Government’s statement that the State Insurance Bank does not have any summaries of inspection reports relating to this risk or statistics on the workers covered or on occupational diseases. The Committee requests the Government to supply information on the application of the Convention in practice, including reports from the labour inspectorate, the Ministry of Health or the tripartite sectoral committees, to enable it to have a better understanding of the manner in which the Convention is applied in practice. The Committee also requests the Government to provide a general description of the manner in which the Convention is applied, including, if possible, in relation to the construction sector.
[The Government is asked to reply in detail to the present comments in 2011.]
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).