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Asbestos Convention, 1986 (No. 162) - Switzerland (RATIFICATION: 1992)

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Previous comment C.162

In order 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)) and 162 (asbestos) together.
  • Protection against specific risks

Asbestos Convention, 1986 (No. 162)

Article 20(2) of the Convention. Keeping of records of the monitoring of the working environment and the exposure of workers to asbestos for a period prescribed by the competent authority. The Committee notes that, according to the Government’s report, while the legislation does not provide for a mandatory period during which the records of the monitoring of the working environment and of the exposure of workers to asbestos must be kept, in practice information relating to monitoring, measures and medical records in connection with asbestos exposure in the workplace is retained for at least 30 years. The Government indicates that this practice is consistent with the recommendations concerning the application of the Accident Insurance Act, made by the ad hoc committee on accident insurance claims in 2009, which are non-binding. Taking note of this information, the Committee requests the Government to indicate any future legislative development that would prescribe a mandatory retention period.
Article 20(3). Access to records of the monitoring of the working environment and the exposure of workers to asbestos. Further to its previous comment, the Committee notes the Government’s indication that, in accordance with the law on data protection, workers have the right to access personal data, including data processed by the federal authorities, concerning them personally or their working conditions. The Government indicates that workers’ representatives in enterprises also have the right to access information concerning the monitoring of the working environment, excluding personal data such as medical records. The Committee notes this information, which responds to its previous request.
Application of the Convention in practice. Further to its previous comment, the Committee notes that, according to the Government, SUVA (the national Swiss accident insurance fund) identified asbestos as a priority theme of the prevention programme 2020–30 and, in particular, carried out 1,400 workplace inspections relating specifically to asbestos in 2022. The Government also indicates that the average number of asbestos-related deaths for the period 2016–20 was 133 and that 160 cases of mesothelioma were recorded in 2020. The Government indicates that the high number of deaths is also linked to the long latency period between exposure and the onset of disease. The Committee requests the Government to continue to provide information on the application of the Convention in practice, including on the results of the inspections carried out and the number of cases of mesothelioma and deaths recorded.
  • Protection in specific branches of activity

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

The Committee recalls that the Governing Body of the ILO, on the recommendation of the Standards Review Mechanism Tripartite Working Group (SRM TWG), confirmed at its 334th Session (October–November 2018) the classification of the Safety Provisions (Building) Convention, 1937 (No. 62) as an outdated instrument, and placed an item on the agenda of the 112th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also requested the Office to undertake follow-up action to actively encourage the ratification of the up-to-date instrument, namely, the Safety and Health in Construction Convention, 1988 (No. 167). The Committee therefore encourages the Government to follow up on the decision taken by the Governing Body 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. The Committee takes this opportunity to remind the Government that at its 110th Session in June 2022, the International Labour Conference added a safe and healthy working environment to the fundamental principles and rights at work, thereby amending the 1998 Declaration on Fundamental Principles and Rights at Work. The Committee draws the Government’s attention to the fact that it may avail itself of the technical assistance of the Office for the purpose of bringing both the applicable legislation and practice into line with the fundamental Conventions on OSH and, thus, promote their ratification and effective application.

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Article 6(3) of the Convention. Implementation of procedures for dealing with emergency situations. The Committee notes the information provided in the Government’s report referring to section 7, “Special measures for the removal of poorly bonded asbestos”, of directive CFST 6503, which in section 7.5 deals with emergency measures and cites the present Article of the Convention.
Article 20(2). Keeping of records of the monitoring of the working environment and of the exposure of workers to asbestos for a period prescribed by the competent authority. The Committee notes the Government’s indication that, in accordance with recommendation 9/87, revised in 2009, it is recommended to keep records of accidents for a period of 30 years for some very specific cases, and for a period of ten years for all other cases, and that the period of conservation is calculated as of the moment a case is closed. The Committee refers to the guidelines contained in Paragraph 36 of the Asbestos Recommendation, 1986 (No. 172), which provides that the records of the monitoring of the working environment should be kept for a period of not less than 30 years; and that records of the monitoring of exposure of workers as well as the sections of their medical files relevant to health hazards due to exposure to asbestos and chest radiographs should be kept for a period of not less than 30 years following termination of an assignment involving exposure to asbestos. The Committee requests the Government to indicate the compulsory period of time for keeping records of the monitoring of the working environment and of exposure of workers to asbestos.
Article 20(3). Access to the records of the monitoring of the working environment and of exposure of workers to asbestos. The Committee once again notes the Government’s indication that, under section 8 of the Federal Act on Data Protection (LPD; RS 235.1), all persons shall have access to data concerning them. The Committee notes, however, that no measure has been taken or envisaged to ensure that the workers’ representatives have specific and full access to the records of the monitoring of the working environment, as requested by the Committee. Recalling that, under the terms of Article 20(3) of the Convention, the workers concerned, their representatives and the inspection services shall have access to these records, the Committee requests the Government to take all appropriate measures to ensure full application of this provision of the Convention so that the workers’ representatives have complete access to the records of the monitoring of the working environment of the workers they represent.
Court decisions. The Committee requests the Government to indicate whether the courts or other bodies have handed down decisions involving questions of principle relating to the application of the Convention.
Application of the Convention in practice. The Committee notes that, according to the statistics on the number of accidents, in regard to the Federal Act on Accident Insurance, in 2010, 238 cases of occupational disease due to asbestos were accepted, of which 98 were mesothelioma cases and 100 were cases of deaths; in 2011, 260 cases of occupational disease due to asbestos were accepted, of which 91 were mesothelioma cases and 103 were cases of deaths. The Committee requests the Government to continue to provide a general overview of the manner in which the Convention is applied in the country, including relevant statistical information on the number and nature of infringements reported, the number of cases of occupational disease by sector caused by asbestos, and the measures taken in practice to reduce this number.

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The Committee notes the information in the Government’s latest report, including recent legislation adopted during the reporting period. The Committee notes, in particular, the Ordinance of 18 May 2005; the Directive on Asbestos (CFST, No. 6503); and the Ordinance of 29 June 2005, which give further effect to the provisions of the Convention. Furthermore, the Government notes the observations by the Swiss Trade Union (USS) referring to recent legislative amendments to sections 38(3) and 44(1) of the Ordinance on the prevention of accidents and occupational diseases (832.30), which provide further protection to workers exposed to asbestos; and sections 3(1) and (2) and 60 to 60(c) of the Ordinance on safety and protection of health of workers in the construction sector (832.311.141), which provide further measures to regulate the exposure of asbestos in the course of work. The Committee also notes the online reference in the Government’s report to the Directive on the average exposure limits concerning asbestos. The Committee asks the Government to continue to provide information on legislative measures undertaken with regard to the Convention.

Article 6, paragraph 3, of the Convention. Establishment of procedures for emergency situations. The Committee notes the information provided in the Government’s report on the recent update of Directive No. 6503 on asbestos. The Committee notes that the Government has not indicated how the general provisions of Directive No. 6508, requiring all enterprises to have in place procedures for dealing with emergency situations, is applied by enterprises specialized in handling asbestos – in particular by enterprises engaged in cleaning work on premises incorporating loosely compacted asbestos. The Committee reiterates its request that the Government provide specific information on how the provisions of Directive No. 6508, requiring all enterprises to have in place procedures for dealing with emergency situations, are applied as regards enterprises engaged in cleaning work on premises incorporating loosely compacted asbestos.

Article 20, paragraph 2. Records of the monitoring of the working environment and of the exposure of workers to asbestos shall be kept for a period prescribed by the competent authority. The Committee notes the information provided by the Government in a previous report on a recommendation, by the ad hoc committee for the application of the legislation on accident insurance, to keep records of the monitoring of the working environment and of the exposure of workers to asbestos for 30 years. The Committee refers the Government to the provisions of Article 20(2), which state that such records shall be kept for a period prescribed by the competent authority. The Committee reiterates its request that the Government provide information on measures prescribed by the competent authority to ensure that records of the monitoring of the working environment, and monitoring of the exposure of workers to asbestos, are kept.

Article 20, paragraph 3. Access to records of the monitoring of the working environment and of the exposure of workers to asbestos. The Committee notes that the Government has previously provided information on the rights of inspection services, pursuant to section 81 of the Ordinance on the prevention of accidents (OPA), to access relevant records of monitoring of the working environment; and the right of workers, pursuant to section 8 of the federal law on the protection of personal data (LPD), to access information concerning them. The Committee notes, however, that the Government has not provided information on the rights of workers’ representatives to access this information. The Committee reiterates its request that the Government provide further information on measures undertaken or envisaged to ensure that workers’ representatives have full access to relevant records of monitoring of the working environment.

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1. Article 6, paragraph 3, of the Convention (Establishment of procedures for emergency situations). The Committee notes that in response to its request for information on measures adopted to ensure that employers prepare procedures for dealing with emergency situations, the Government indicates that Directive No. 6503 concerning cleaning work on premises incorporating loosely compacted asbestos is under review with a view to clarifying the procedures for protecting workers’ health. The Committee also notes that the Government indicates that pursuant to Directive No. 6508, adopted in application of the employers’ obligations’ contained in section 11(a), paragraphs 1 and 2, of the Ordinance on the prevention of accidents (OPA), all enterprises which carry out activities which imply health risks, are required to have in place procedures for dealing with emergency situations. The Committee requests the Government to provide information on progress on the review of Directive No. 6503 as well as on how the general provisions requiring all enterprises to have in place procedures for dealing with emergency situations is applied by enterprises specialized in handling asbestos - in particular by enterprises engaged in cleaning work on premises incorporating loosely compacted asbestos.

2. Article 20, paragraphs 2 and 3 (Monitoring and surveillance - access to and keeping of records). As regards paragraph 2, the Committee notes the information provided that the requirement for CNA/Suva to keep such records for 30 years is contained in a recommendation by the ad hoc committee for the application of the legislation on accident insurance, and requests the Government to indicate measures taken or envisaged to ensure a full application of this provision. With reference to paragraph 3, the Committee notes the information that section 61 of the OPA only regulates the right of access to all relevant records of monitoring of the working environment for the inspection services and that this provision does not guarantee the workers’ and their representatives’ access thereto. While the Committee also has noted the information that section 8 of the federal law on the protection of personal data of 19 June 1992 (LPD) entitles all persons to have access to information concerning her or him, it requests the Government to indicate the measures taken or envisaged to ensure that workers and their representatives also have full access to relevant records of monitoring of the working environment.

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1. The Committee notes with interest the information provided by the Government concerning the introduction of one of the world’s most severe average exposure limits (VLM) concerning asbestos of 10,000 fibres per m3 or 0.01 fibres/ml air as of 1 January 2003.

2. The Committee also notes with interest the information provided regarding the measures taken by the Caisse nationale d’assurance en cas d’accidents - Swiss National Accident Insurance Fund (CNA/Suva) - in collaboration with its main partners (including the Federal Office for Public Health (OFSP), the Federal Office for the Environment, Forests and Land (OFEFP), the Federal Office for Building and Construction (OFCL), trade unions and employers) - to coordinate national action in relation to asbestos and to step up the dissemination of relevant information.

3. Finally, the Committee notes with interest the measures taken to identify persons who have been exposed to asbestos through, inter alia, a review of medical journals, direct contacts with the medical profession, as well as through the specific initiative to collaborate with relevant authorities in neighbouring Italy in order to trace Italian workers who previously have been employed in Switzerland and entitled to benefits.

4. The Committee requests the Government to submit the relevant text prescribing the new VLM for asbestos and to keep it informed on further developments and progress in all the areas noted above.

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

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The Committee notes with interest the information supplied by the Government in its report. Nevertheless, it requests the Government to supply details on the following matters.

1. Article 6, paragraph 3, of the Convention. In its previous comment, the Committee noted that under section 3.2 of Regulation No. 6503 (1991) concerning cleaning work on premises incorporating loosely compacted asbestos, all the measures necessary to preserve workers' safety and health would be taken. The Committee requested the Government to specify the measures adopted to ensure that employers prepare procedures for dealing with emergency situations. In this context, the Committee notes that the Government indicates that the Caisse nationale d'assurance en cas d'accidents -- Swiss National Accident Insurance Fund (CNA/Suva) keeps a register so that cleaning work on premises incorporating loosely compacted asbestos shall be carried out only by specialist firms having staff qualified for this type of work. It also notes that, apart from emergency situations, the cleaning work is carried out under the only responsibility of the specialist firms and the CNA/Suva supervises the work by means of surveys to ensure that it has been carried out correctly. The Committee recalls the provisions of Article 6, paragraph 3, of the Convention stipulating the establishment of procedures for dealing with emergency situations. In this context, the Committee indicates that emergency situations may also occur during work carried out by specialist firms. The Committee therefore requests the Government to indicate the measures adopted to ensure that employers prepare procedures for dealing with emergency situations as laid down in this provision of the Convention.

2. Article 20, paragraphs 2 and 3. The Committee notes the Government's explanation that cleaning work is the subject of reports noting the measurement and analysis of workers' exposure to asbestos. The Government states that these reports are sent to the employer concerned and that in principle the workers should be informed of the results contained therein. In this regard, the Committee notes that section 10(a) of the Act on Information and Consultation of Workers, 1993, gives workers only the general right to be consulted on all questions relating to safety at work. The Committee therefore requests the Government to indicate the legal basis which grants workers, their representatives and the inspection services the right of access to the monitoring results shown in the monitoring and analysis reports, as provided in Article 20, paragraph 3, of the Convention. It also requests the Government to specify on what legal basis the CNA/Suva is obliged to retain the abovementioned reports for a period of 30 years (Article 20, paragraph 2).

3. Article 21, paragraph 2. The Committee takes note once again of the Government's indication that, under section 75 of the OPA, the CNA pays the workers' necessary travel, accommodation and maintenance costs for preventive examinations and compensates loss of earnings up to the maximum insured limit. In this regard, the Committee states that the costs incurred in monitoring the health of workers engaged in work involving exposure to asbestos may exceed the maximum insured earnings limit. Consequently, the Committee must recall the provision of Article 21, paragraph 2, of the Convention prescribing that the medical monitoring of workers' health shall not result in any loss of earnings for them, shall be free of charge and, as far as possible, shall take place during working hours. The Committee therefore requests the Government to indicate the measures taken or envisaged in order to ensure full application of this Article of the Convention.

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The Committee notes the information supplied by the Government in its first and second reports. The Committee requests the Government to supply further information on the following points:

1. Article 6, paragraph 3, of the Convention. The Committee notes that under section 3.2 of Regulation No. 6503 (1991) concerning cleaning work on premises incorporating loosely compacted asbestos, all the measures necessary to preserve workers' safety and health will be taken. The Committee requests the Government to specify the measures adopted to ensure that employers prepare procedures for dealing with emergency situations.

2. Article 20, paragraph 1. The Committee notes that under section 3.4 of the above-mentioned Rule, the employer must ensure by technical measures and appropriate working methods that the concentration of airborne asbestos dust in workplaces remains as low as possible. The Committee requests the Government to supply information on the particular methods specified by the competent authorities to measure the concentrations of airborne asbestos dust and to monitor the exposure of workers to asbestos, and the intervals at which these measures and monitoring must be conducted.

3. Article 20, paragraphs 2 and 3. The Committee notes that under section 76 of the OPA (Ordonnance sur la prévention des accidents et des maladies professionnels -- order on the prevention of occupational accidents and diseases) of 19 December 1983, as amended, the CNA (Caisse nationale d'assurance en cas d'accident -- Swiss national accident insurance fund) may introduce personal records (livrets personnels de contrôle) in which the employer records the nature of the danger and duration of exposure and which he returns to the worker on termination of the working relationship. The Committee requests the Government to indicate whether records of workplace monitoring and exposure of workers are kept for a specified period and whether the workers, their representatives and the inspection services have access to these records.

4. Article 21, paragraph 2. The Committee notes that under section 75 of the OPA, the CNA pays the workers' necessary travel, accommodation and maintenance costs for preventive examinations and compensates loss of earnings up the maximum insured limit. The Committee requests the Government to indicate the measures taken to ensure that the monitoring of workers' health in connection with asbestos will not result in any loss of earnings for them; that it shall be free of charge; and that, if possible, it shall take place during working hours.

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