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Asbestos Convention, 1986 (No. 162) - Bolivia (Plurinational State of) (RATIFICATION: 1990)

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C.167

In order to provide a comprehensive view of the issues relating to the application of ratified occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine Conventions Nos 136 (benzene) and 167 (OSH in construction) in a single comment.

Protection against specific risks

Benzene Convention, 1971 (No. 136)

Article 4 of the Convention. Prohibition of the use of benzene as a solvent or diluent. The Committee notes the Government’s indication, in reply to its previous comments, that measures were adopted in the past for the elimination, prohibition and intentional production of products containing benzene, such as hexachlorobenzene and pentachlorobenzene. The Committee requests the Government to indicate the legislative provisions adopted regarding the prohibition of products containing benzene and to clarify whether this includes, in accordance with Article 4(2) of the Convention, a prohibition on the use of benzene and of products containing benzene as a solvent or a diluent, except where the process is carried out in an enclosed system or where there are other equally safe methods of work.

Article 6(1). Prevention of the escape of benzene vapour. Further to its previous comments, the Committee notes the Government’s indication in its report that measures to prevent the escape of benzene vapours in the air of places of employment are established under section 6(3)(a) of Technical Safety Standard (NTS) 009/18 on the presentation and approval of OSH programmes, which provides that the enterprise or establishment must use a methodology to identify hazards and assess the risks of the activities they perform, as well as other relevant measures. The Committee requests the Government to provide detailed information on the measures adopted in practice by employers under section 6(3)(a) of NTS-009/18 to prevent the escape of benzene vapours in the air of places of employment in premises where benzene, or products containing benzene, are manufactured, handled or used.

Article 6(3). Measurement of the concentration of benzene. The Committee notes the Government’s reference, in relation to its previous comments, to the 1995 Regulations on air pollution, Title III of which contains provisions on the assessment and monitoring of air pollution resulting from the emission of hazardous substances from fixed sources, which are defined, in section 6, as all plant or activities established in a single place or area which perform industrial or commercial operations or services. In this regard, the Committee notes that sections 26, 28, 30, 33 and Annex 3 of the above-mentioned Regulations establish the way in which fixed sources must carry out monitoring of emissions of hazardous substances, such as benzene, and also prepare and present an inventory of such emissions to the competent authorities. The Committee notes this information, which responds to its previous request.

Article 7. Work processes in enclosed systems or workplaces equipped with means to ensure the removal of benzene vapour. The Committee notes the Government’s indication, in reply to its previous comments, that section 6(8) of the 1979 General Act on occupational safety, health and welfare provides that employers must install the necessary equipment to ensure the renewal of air, the elimination of gases, vapours and other pollutants produced, in order to provide workers and the nearby population with a salubrious environment. The Committee notes this information, which responds to its previous request.

Protection in specific branches of activity

Safety and Health in Construction Convention, 1988 (No. 167)

Article 22(1) of the Convention. Erection of structural frames and formwork under the supervision of a competent person. Further to its previous comments, the Committee notes the Government’s indication that the site manager, referred to by various provisions of Supreme Decree No. 2936, implementing Act No. 545 on safety in construction, is responsible for the authorization, inspection and supervision of each of the tasks to be performed on the site and also proposes the most appropriate procedures, techniques and means for carrying them out. However, the Committee notes that these provisions do not provide specifically that the erection of structural frames must be supervised by a competent person. The Committee requests the Government to clarify whether in practice the erection of structural frames and formwork must be carried out only under the supervision of a competent person, for example, an immediate supervisor other than the site manager, as required by Article 22(1).

Article 23. Work over water. The Committee notes the Government’s reference, in reply to its previous comments, to section 116 of Supreme Decree No. 2936, which provides that for work involving a risk of workers falling from various levels or of materials protruding, a collective protection system must be adopted. However, the Committee notes that this provision does not explicitly regulate work over water. The Committee requests the Government to provide detailed information on the adequate provisions adopted in practice, if appropriate in the context of section 116 of Supreme Decree No. 2936, to ensure that when work is done over or in close proximity to water measures are taken: (a) to prevent workers from falling into water; (b) to rescue workers in danger of drowning; and (c) to provide safe and sufficient transport.

Article 27(b). Storing, transporting, handling and use of explosives by a competent person. The Committee notes the Government’s reference, in relation to its previous comments, to section 20(a)(ii) of Supreme Decree No. 2936, under which the handling of explosives requires the relevant permit from the Ministry of Defence and also a procedure for the use, handling and storage of the explosives. The Government also once again cites section 72 of the Supreme Decree, which establishes rules regarding the storage, handling and transportation of explosives and other materials. However, the Committee notes that these provisions do not specifically establish that the storage, transportation and handling or use of explosives must only be carried out by a competent person. The Committee requests the Government to clarify whether the procedure and rules on the storage, handling or use and transportation of explosives referred to by sections 20(a)(ii) and 72 of Supreme Decree No. 2936 require such activities to be carried out only by a competent person, indicating whether this is required as part of the process to obtain a permit from the Ministry of Defence for the handling of explosives. The Committee also requests the Government to provide copies of any additional regulations adopted in this respect.

[The Government is asked to reply in full to the present comments in 2024.]

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Previous comment on Conventions Nos 136 and 162

Previous comment on Convention No. 167: Direct request

In order to provide a comprehensive view of the issues relating to the application of ratified occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine Conventions Nos 136 (benzene), 162 (asbestos) and 167 (OSH in construction) together.

A. Protection against specific risks

1. Benzene Convention, 1971 (No. 136)

Article 2 of the Convention. Replacement of benzene or of products containing it. Further to its previous comments, the Committee notes that the Government once again refers in its report to provisions of the 1979 General Act on occupational safety, health and welfare, the 1951 Basic Regulations on industrial safety and health, the 1995 Regulations on activities involving hazardous substances, and Technical Safety Standard (NTS) 009/18 on the presentation and approval of OSH programmes. The Committee observes that these provisions do not specifically provide for the use of harmless or less harmful substitute products instead of benzene and hence do not give effect to this Article of the Convention. The Committee requests the Government to take specific measures without delay to ensure the use of harmless or less harmful substitute products, wherever available, instead of benzene or products containingbenzene.

2. Asbestos Convention, 1986 (No. 162)

Articles 3 and 4 of the Convention. Legislation and consultation. Further to its previous comments, the Committee notes that the Government once again refers to the content of OSH programmes and cites provisions of Supreme Decree No. 2936 of 2016, implementing Act No. 545 of 2014 on safety in construction. However, the Committee observes that neither the programmes nor the aforementioned legislation establish provisions relating to asbestos. The Committee notes with deep concern that the Government has still not adopted the necessary measures to bring the legislation into conformity with the requirements of Article 3 of the Convention. In this regard, the Committee recalls once again that the Resolution concerning asbestos, adopted by the 95th Session of the International Labour Conference in June 2006, stated that the elimination of the future use of asbestos and the identification and proper management of asbestos currently in place are the most effective means to protect workers from asbestos exposure and to prevent future asbestos-related diseases and deaths. The Committee strongly urges the Government to take immediate action,in accordance with Article 3 of the Convention, to ensure that the national legislation prescribes specific measures to: (i) prevent and control health hazards due to occupational exposure to asbestos; and (ii) protect workers against such risks. The Committee also strongly urges the Government to consult the most representative organizations of employers and workers concerned with regard to such measures, in accordance with Article 4 of the Convention.

Articles 9, 10, 11 and 12. Measures by law or regulation to prevent or control exposure to asbestos, including replacement or prohibition. Prohibition of the use of crocidolite and spraying. Further to its previous comments, the Committee notes that the Government also refers in general to the content of OSH programmes, which do not specifically mention asbestos. The Committee notes with concern that the Government has still not adopted the necessary measures to bring the legislation into conformity with the requirements of these Articles of the Convention. The Committee urges the Government to take the necessary measures without delay to ensure that the national legislation gives effect to Articles 9 and 10 (measures by law or regulation for prevention or control), 11 (prohibition of crocidolite) and 12 (prohibition of spraying) of the Convention.

Article 15(3). Measures to prevent or control the release of asbestos dust and to ensure compliance with exposure limits. Further to its previous comments, the Committee notes the Government’s indication that: (i) section 7(7) of NTS-008/17 on demolition work provides that appropriate measures must be taken in all demolition work to avoid the production of dust, and Raschel netting or similar must be placed at the demolition perimeter, over the whole height, and debris must be dampened before evacuation to lower levels or to the loading area; and (ii) OSH technical inspections are carried out in services and industry, including construction, either routinely or following a complaint, and if in the course of these the inspector finds working conditions which represent an imminent danger to the life or health of the workers, he/she will order work to be stopped in accordance with section 26 of the 1979 General Act on occupational safety, health and welfare, irrespective of any corresponding fines imposed on the employer. In view of the lack of information on the measures taken in this respect, the Committee requests the Government to take specific measures to ensure that exposure to asbestos is reduced to as low a level as is reasonably practicable. The Committee also requests the Government to indicate, if applicable, the specific measures taken by the labour inspectorate to ensure compliance in practice with asbestos exposure limits.

Article 15(4). Adequate respiratory protective equipment and special protective clothing. Further to its previous comments, the Committee notes the Government’s indication that Ministerial Decision No. 527/09, regulating the procedure for the supply of work clothing and personal protective equipment, provides that: (i) workers potentially exposed to occupational risks shall use appropriate work clothing, which must be the most suitable and best designed for the activity, be supplied free of charge by the employer and replaced by the latter in the event of wear and tear (section 4(I) and (VI)); (ii) when actions to eliminate or avoid hazards, undertake engineering controls or provide collective protection to minimize risks are not practicable, employers must provide their workers with personal protective equipment which must have national or other recognized certification and be replaced in the event of wear and tear (section 5(a) and (b)); and (iii) for protection of the respiratory system, respiratory protectors with filters for the type of pollutant concerned must be supplied, with renewal carried out according to a schedule or when the protectors are saturated (section 5(f)). The Committee also notes that sections 5(7) and 14(1) of NTS-008/17 provide that workers who carry out demolition work must use respiratory equipment for work that produces dust, and also use, as a minimum at all times, safety footwear and helmet, gloves and mask to protect against dust. The Committee takes note of this information, which addresses its previous request.

Article 16. Practical measures taken by the employer for the prevention and control of exposure. The Committee notes the Government’s reference, in reply to its previous comments, to the control and sanction measures adopted by the labour inspectorate with regard to OSH, but that it does not provide any information on the responsibility of each employer to establish and implement practical measures for the prevention and control of the exposure of the workers that they employ to asbestos, in accordance with Article 16.In view of the lack of information on actions taken to give effect to this Article of the Convention, the Committee requests the Government to take specific measures to ensure that employers are made responsible for the establishment and implementation of practical measures for the prevention and control of the exposure to asbestos of the workers they employ and for their protection against the hazards due to asbestos.

Article 17(1) and (3). Demolition of plants or structures containing asbestos, and removal of asbestos by employers or qualified contractors. Drawing up of a work plan in consultation with the workers or their representatives. The Committee notes the Government’s indication, in reply to its previous comments, that section 6 of Ministerial Decision No. 437/22 of 2022, approving regulations for the designation of coordinators and the setting up of joint committees on occupational health, safety and welfare, establishes the conditions for the appointment of a coordinator or OSH joint committee and section 4 provides that both must ensure compliance with the preventive measures implemented by the enterprise or establishment in strict adherence to the OSH regulations in force. However, the Committee notes that neither these nor the other provisions of the above-mentioned regulations give effect to Article 17(1) and (3) of the Convention and that no information has been received on any action taken by the Government in this respect. The Committee strongly urges the Government to take specific legislative or other measures without delay to ensure that: (i) demolition work and the removal of asbestos provided for under Article 17(1) of the Convention can only be undertaken by employers or contractors who are recognized by the competent authority as qualified to carry out such work (Article 17(1)); and (ii) the workers or their representatives are consulted on the work plan to be drawn up by the employers or contractors (Article 17(3)).

Article 20(2), (3) and (4). Keeping records of the monitoring of the working environment. Access to such records. Right to request the monitoring of the working environment. Further to its previous comments, the Committee notes the Government’s indication that OSH programmes, which include health studies and monitoring, must be updated periodically and have the prior approval of the coordinator or OSH joint committee for them to be presented, which shows that the latter are aware of their technical content. However, the Committee notes that this information does not give any evidence of the application of this Article of the Convention, which refers to records of the monitoring of the working environment and the right of workers to access and request such monitoring. The Committee strongly urges the Government to take specific legislative or other measures without delay to ensure that: (i) the records of the monitoring of the working environment and of the exposure of workers to asbestos are kept for a period prescribed by the competent authority (Article 20(2)); (ii) the workers concerned, their representatives and the inspection services have access to these records (Article 20(3)); and (iii) the workers or their representatives have the right to request the monitoring of the working environment and to appeal to the competent authority concerning the results of the monitoring (Article 20(4)).

Article 21(3) and (4). Information on medical examinations. Other means of maintaining income when assignment to work involving exposure to asbestos is inadvisable. Further to its previous comments, the Committee notes the Government’s reference to the contractor’s obligation to cover the cost of medical examinations and ensure that workers undergo medical examinations according to the risks to which they are exposed in their work. The Committee observes that this information relates to the provisions of Article 21(1) and (2) but also notes the lack of information on the application of Article 21(3) and (4) of the Convention. The Committee requests the Government to adopt specific measures without delay to ensure that: (i) workers are informed in an adequate and appropriate manner of the results of their medical examinations and receive individual advice concerning their health in relation to their work (Article 21(3)); and (ii) when continued assignment to work involving exposure to asbestos is found to be medically inadvisable, every effort is made, consistent with national conditions and practice, to provide the workers concerned with other means of maintaining their income (Article 21(4)).

B. Protection in specific branches of activity

Safety and Health in Construction Convention, 1988 (No. 167)

Article 12(2) of the Convention. Obligation of the employer to take immediate steps to stop the operation and evacuate workers. The Committee notes that the Government, in reply to its previous comments, cites provisions of Supreme Decree No. 2936, implementing Act No. 545 on safety in construction, and of NTS-009/18, establishing obligations for employers and contractors in emergency situations. However, the Committee observes that these provisions do not impose a specific obligation to stop the operation and evacuate workers where there is an imminent and serious danger to their safety. The Committee requests the Government to adopt the necessary legislative or other measures to ensure that employers are specifically obliged to take immediate steps to stop the operation and evacuate workers as appropriate, where there is an imminent and serious danger to their safety.

The Committee is raising other matters in a request addressed directly to the Government.

[The Government is asked to reply in full to the present comments in 2024.]

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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 the application of Conventions Nos 136 (benzene) and 162 (asbestos) together.

1. Benzene Convention, 1971 (No. 136)

Article 2 of the Convention. Substitution of benzene or of products containing it. The Committee notes that the Government, in its reply to the Committee’s previous comment, once again refers in its report to general OSH standards that do not contain specific provisions that give effect to Article 2 of the Convention. The Committee requests the Government to take concrete measures without delay to ensure the use of harmless or less harmful substitute products instead of benzene or products containing benzene.

Article 6(1) and (3). Prevention of the escape of benzene vapour into the air. Measurement of the concentration of benzene. The Committee notes that the Government reiterates information relative to the fixed maximum concentration of benzene in the air in places of employment (Article 6(2) of the Convention), once again without referring to the Committee’s request in its previous comment regarding the remaining provisions of Article 6 of the Convention. The Committee requests the Government to specify: (i) whether concrete measures have been adopted or are envisaged to prevent the escape of benzene vapours in the air of places of employment in premises where benzene, or products containing benzene, are manufactured, handled or used (Article 6(1)); and (ii) whether the competent authority has issued directions on carrying out the measurement of the concentration of benzene in the air of places of employment (Article 6(3)).

Article 7. Work processes in enclosed systems or workplaces equipped with means to ensure the removal of benzene vapour. The Committee notes that, in reply to its previous comment, the Government once again refers to Technical Safety Standard (NTS) 009/18, for the Presentation and Approval of OSH Programmes, which contains no specific provisions giving effect to Article 7 of the Convention. The Committee requests the Government to take concrete measures without delay to ensure that: (i) work processes involving the use of benzene or of products containing benzene are as far as practicable carried out in an enclosed system; and (ii) where it is not practicable for work to be carried out in an enclosed system, places of work in which benzene or products containing benzene are used are equipped with effective means to ensure the removal of benzene vapour to the extent necessary for the protection of the health of the workers.

2. Asbestos Convention, 1986 (No. 162)

Article 17(1) and (3) of the Convention. Demolition of plants or structures containing asbestos, and removal of asbestos by employers or qualified contractors. Elaboration of a work plan in consultation with the workers or their representatives. The Committee notes that, in reply to its previous comment, the Government once again refers in its report to general OSH standards, which contain no specific provisions giving effect to Article 17(1) and (3) of the Convention. The Committee urges the Government to take concrete measures without delay to ensure that: (i) the demolition of plants and structures and removal of asbestos provided under Article 17(1) of the Convention shall be undertaken only by employers or contractors who are recognised by the competent authority as qualified to carry out such work (Article 17(1)); and (ii) the workers or their representatives shall be consulted on the work plan to be drawn up by the employers or contractors (Article 17(3)).

Article 20(2), (3) and (4). Records of the monitoring of the working environment. Right to request the monitoring of the working environment. With reference to its previous comment, the Committee notes that the Government once again refers to general OSH standards which contain no specific provisions giving effect to Article 20(2), (3) and (4) of the Convention. The Committee urges the Government to take concrete measures without delay to ensure that: (i) the records of the monitoring of the working environment and of the exposure of workers to asbestos are kept for a period prescribed by the competent authority (Article 20(2)); (ii) the workers concerned, their representatives and the inspection services have access to these records (Article 20(3)); and (iii) the workers or their representatives have the right to request the monitoring of the working environment and to appeal to the competent authority concerning the results of the monitoring (Article 20(4)).

Furthermore, the Committee notes with regret that the Government’s report contains no responses to its earlier comments, which are reiterated below.

A. Protection against specific risks

1. Benzene Convention, 1971 (No. 136)

Article 4 of the Convention. Prohibition of the use of benzene as a solvent or diluent. With reference to its previous comments, the Committee notes that the Government reiterates in its report that the use of benzene is not prohibited. The Committee once again requests the Government to take the necessary measures, in accordance with Article 4 of the Convention, to prohibit the use of benzene and of products containing benzene as a solvent or a dilutent, except where the process is carried out in an enclosed system or where there are other equally safe methods of work.

2. Asbestos Convention, 1986 (No. 162)

Articles 3 and 4 of the Convention. Legislation and consultation. With reference to its previous comments, the Committee notes that the Government repeats in its report the information on the general OSH standards to which it referred previously, adding a reference to the Technical Safety Standard for the Presentation and Approval of Occupational Safety and Health Programmes (NTS-009/18), which does not contain any specific provisions on asbestos. The Committee notes with deep concern that the necessary measures have not been taken to bring the legislation into conformity with the requirements of Article 3. The Committee recalls the Resolution concerning asbestos, adopted by the 95th Session of the International Labour Conference, June 2006, which stated that the elimination of the future use of asbestos and the identification and proper management of asbestos currently in place are the most effective means to protect workers from asbestos exposure and to prevent future asbestos-related diseases and deaths. The Committee once again strongly urges the Government in accordance with Article 3 of the Convention, to take the necessary measures as soon as possible to: (a) prevent and control health hazards due to occupational exposure to asbestos; and (b) protect workers against such risks. It also urges the Government to take the necessary measures to consult the most representative organizations of employers and workers concerned with regard to the measures to be taken to give effect to the provisions of the Convention.

Articles 9, 10, 11 and 12. Preventive measures by law or regulation. Prohibition of the use of crocidolite and spraying. The Committee regrets to note that the necessary measures have not been adopted to bring the legislation into conformity with the requirements of Articles 9, 10, 11 and 12. The Committee once again requests the Government to provide information on the measures adopted or envisaged to ensure the application of Articles 9 and 10 (preventive measures by law or regulation), 11 (prohibition of crocidolite) and 12 (prohibition of spraying).

Article 15. Exposure limits. The Committee notes the Government’s indication that the maximum permissible concentration of asbestos in the air in occupied areas is 5 million particles per cubic foot, in accordance with section 20 of Presidential Decree No. 2348 of 18 January 1951, which approved the Basic Regulations on industrial health and safety. The Government also refers to Annex D of Technical Standard on Minimum Conditions for the Performance of Work in Confined Spaces (NTS-008/17) which provides in general terms that the permissible exposure limits shall be those determined by the Occupational Safety and Health Administration of the Department of Labor of the United States (OSHA) which establishes limits for air contaminants. The Government indicates that Standards 29 CFR of the OSHA contain asbestos concentration limits (0.1 fibre per cubic centimetre of air as an eight hour time-weighted average and 1.0 fibre per cubic centimetre of air as averaged over a sampling period of 30 minutes, in accordance with Standards 29 CFR, 1910.1001). In this regard, the Committee observes that section 8 of NTS-008/17 determines that employers shall include in protocols for work in confined spaces the necessary safety mechanisms for entry into the premises, including preventive measures to be adopted during work, such as continuous monitoring of air in the workplace.

With reference to its previous comments on respiratory protective equipment and special protective clothing, the Government indicates that the Technical Standard on Demolition Work (NTS-006/17) provides that, when there is evidence of the existence of materials containing asbestos fibres, the requirements set out in the adequate procedures established by the national or foreign minimum safety and health standards applicable to work involving the risk of exposure to asbestos, shall be met. The Committee notes that NTS-009/18 provides that the enterprise or labour establishment shall attach to the occupational safety and health programme documents on the provision of work clothing and personal protective equipment. The Committee notes that the Government also indicates that the Regulations of Act No. 545 on safety in construction (DS No. 2936) establish the general requirement for the contractor to provide workers with appropriate individual protective equipment in relation to the hazards of the workplace in the sector. The Committee also notes the Government’s indication that, in accordance with section 6(d) of DS No. 2936, the contractor shall provide without any cost to the workers, clothing, work apparel and personal protective equipment that is appropriate in relation to the risks analysed for the workplace, and that they shall be verified, inspected and reissued regularly in light of the deterioration and/or damage caused by their use. Finally, the Committee notes that the Government has not provided information on the application of Article 15(2) and (3) of the Convention. The Committee requests the Government to provide information on the measures adopted or envisaged to: (a) prevent or control the release of asbestos dust into the air; (b) ensure that the exposure limits or other exposure criteria are complied with; and (c) reduce exposure to as low a level as is reasonably practicable. The Committee once again requests the Government to provide specific information on the measures taken in relation to respiratory protective equipment and special protective clothing, as provided for in Article 15(4) of the Convention.

Article 16. Practical measures for prevention and control. The Committee notes that NTS-009/18 provides that the enterprise or establishment shall undertake, through methodology, the identification of hazards and the assessment of risks in the activities undertaken, as well as other relevant measures. Under the terms of the Technical Safety Standard in force adopted by the Ministry of Labour, Employment and Social Welfare, or in the absence of such a Standard or another reference standard applicable to national conditions, the enterprise or labour establishment shall present a specific study on contaminating chemicals in the working environment (hazardous substances). The Committee requests the Government to provide additional information on the specific measures adopted to ensure that employers are made responsible for the establishment and implementation of practical measures for the prevention and control of the exposure of the workers that they employ to asbestos and for their protection against the hazards due to asbestos.

Article 21(3) and (4). Information on medical examinations. Other means of maintaining income when assignment to work involving exposure to asbestos is inadvisable. With reference to its previous comments, the Committee notes that NTS-009/18 provides that the enterprise or establishment shall indicate in the occupational safety and health programme the following information: (a) pre-recruitment medical examinations; (b) periodic examinations of workers in line with the risks identified in the “Hazard Identification and Risk Evaluation”, including the development of any occupational diseases that are detected; and (c) post-employment examinations of workers who have concluded their work in the enterprise or establishment (post-employment management). The Committee also notes section 404 of the General Act on occupational safety and health and welfare (Legislative Decree No. 16998), which provides that care shall be taken in the selection of workers that each worker is assigned to the work for which she/he is best suited from the viewpoint of her/his aptitude and physical strength. However, the Committee observes that specific measures have not been adopted to bring the legislation into conformity with the requirements set out in Article 21. The Committee once again requests the Government to provide specific information on the measures adopted or envisaged to ensure that: (a) workers are informed in an adequate and appropriate manner of the results of their medical examinations and receive individual advice concerning their health in relation to their work; and (b) when continued assignment to work involving exposure to asbestos is found to be medically inadvisable, every effort is made, consistent with national conditions and practice, to provide the workers concerned with other means of maintaining their income, in accordance with Article 21(3) and (4) of the Convention.

The Committee is raising other matters in a request addressed directly to the Government.

[The Government is asked to reply in full to the present comments in 2022.]

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A. Protection against specific risks

Benzene Convention, 1971 (No. 136)

Article 2 of the Convention. Substitution. The Committee once again requests the Government to provide information on the measures taken or envisaged to use harmless or less harmful products instead of benzene or products containing benzene, in accordance with Article 2 of the Convention.

Article 6. Concentration of benzene in the air of places of employment. With reference to its previous comments, the Committee notes the Government`s reference in its report to Annex D of the Technical Standard on Minimum Conditions for the Performance of Work in Confined Spaces (NTS-008/17), which provides in general that the permissible exposure limits shall be those determined by the Occupational Safety and Health Administration of the Department of Labor of the United States (OSHA), in which it establishes the limits for air contaminants. The Government indicates that Standards 29 CFR of the OSHA contain limits for benzene, the values of which are in accordance with the maximum concentration of benzene in the air of places of employment determined by the Convention (maximum time-weighted average limit of 1 part of benzene per million parts of air as an 8-hour time-weighted average and the maximum short-term exposure limit of 5 parts per million as averaged over any 15 minute period, in accordance with Standards 29 CFR, 1910.1028, as well as 25 parts per million of acceptable ceiling concentration, in accordance with Standards 29 CFR, 1910.1000 Table Z-2). In this regard, the Committee observes that section 8 of the NTS-008/17 provides that employers shall include in protocols respecting work in confined spaces the necessary safety measures for entry into the premises as a function of the preventive measures to be adopted during work, such as continuous monitoring of the air in the workplace. The Committee notes that the Government has not provided information on the determination of appropriate standards for: (a) preventing the escape of benzene vapour into the air of places of employment; or (b) measuring the concentration of benzene in the air of places of employment. The Committee once again requests the Government to provide information on the measures adopted or envisaged to ensure that: (a) in premises where benzene or products containing benzene are manufactured, handled or used, all necessary measures are taken to prevent the escape of benzene vapour into the air of places of employment; and (b) the competent authority issues directions on carrying out the measurement of the concentration of benzene in the air of places of employment through the adoption of appropriate standards.

Article 7. Enclosed systems. The Committee once again requests the Government to provide information on the measures taken or envisaged to ensure that: (a) work processes involving the use of benzene or of products containing benzene are as far as practicable carried out in an enclosed system; and (b) where it is not practicable for an enclosed system to be used, places of work in which benzene or products containing benzene are used shall be equipped with effective means to ensure the removal of benzene vapour to the extent necessary for the protection of the health of the workers, in accordance with Article 7 of the Convention.

Asbestos Convention, 1986 (No. 162)

Article 17. Demolition of plants or structures of the Convention. With reference to its previous comments, the Committee notes that NTS-006/17 provides in section 4(4) and (5) that employers who have workers engaged in demolition work shall: (i) adopt full technical measures for the protection of the life and physical and mental safety of the workers under their responsibility; and (ii) have the necessary competent personnel to prepare the demolition plan. Section 5(7) provides that workers shall use respiratory equipment for work causing the release of dust. The Committee notes that section 6(3), (11) and (15) of the Technical Standard provides that: (i) where during the performance of these activities the existence is ascertained of materials containing asbestos fibres or such fibres are found during their implementation, effect shall be given to the appropriate procedures set out in the minimum health and safety provisions applicable to work involving the risk of exposure to asbestos in national or foreign legislation; (ii) prior authorization shall be obtained from the competent authority prior to the commencement of any demolition work; (iii) all demolition work shall comply with the national or foreign standards in force relating to the release of dust, particles, noise, the stoppage of work and any other permanent or transitional provision which may affect such work, and the supporting documentation shall be attached to the demolition plan. Section 7 provides that, based on a risk evaluation, employers shall prepare and establish a demolition plan setting out the respective procedures for safe demolition work, including the adoption of adequate measures to prevent the release of dust (subsection 7). Finally, section 14(1) provides that workers engaged in demolition work shall at all times wear as a minimum safety footwear, helmets, gloves and dust masks. The Committee once again requests the Government to provide information on the measures adopted or envisaged to ensure that: (a) the work envisaged in Article 17 of the Convention is undertaken only by employers or contractors who are recognized by the competent authority as qualified to carry out such work; and (b) the workers or their representatives are consulted on the work plan in relation to the measures to be taken for the protection of workers, limit the release of asbestos dust into the air and provide for the disposal of waste containing asbestos, in accordance with Article 17 of the Convention.

Article 20(2), (3) and (4). Records of the monitoring of the working environment, right to request the monitoring of the working environment. The Committee once again requests the Government to provide information on the measures adopted or envisaged to ensure that: (a) the records of the monitoring of the working environment and of the exposure of workers to asbestos are kept for a period prescribed by the competent authority; (b) the workers concerned, their representatives and the inspection services have access to these records; and (c) the workers or their representatives have the right to request the monitoring of the working environment and to appeal to the competent authority concerning the results of the monitoring, in accordance with Article 20(2), (3) and (4).

B. Protection in certain branches of activity

Safety and Health in Construction Convention, 1988 (No. 167)

Article 8(b) of the Convention. Two or more employers. Absence of the principal contractor from the workplace. With reference to its previous comments, the Committee notes the Government’s indication that Presidential Decree No. 2936 provides that the contractor shall appoint a person responsible for occupational safety who shall benefit from training in occupational safety and health and hazard prevention and shall be duly registered with the Ministry of Labour, Employment and Social Welfare.

Article 12(2). Situation of imminent and serious danger to the safety of workers. With reference to its previous comments, the Committee notes that NTS -009/18 provides that the Occupational Safety and Health Programme shall include an emergency plan, which shall contain among other provisions the determination of evacuation times. However, the Committee notes that the Government has not provided specific information on the obligation of the employer to take immediate steps to stop the operation and evacuate workers where there is an imminent danger to their safety. The Committee once again requests the Government to provide information on the measures adopted or envisaged to ensure that employers are required to take immediate steps to stop the operation and evacuate workers in a situation of danger in which there is an imminent and serious danger to the safety of the workers, in accordance with Article 12(2).

Article 22. Structural frames and formwork. With reference to its previous comments, the Committee notes that the Government reiterates the information to which it referred previously concerning Presidential Decree No. 2936, which contains precautionary measures and instructions for the erection of structural frames and their components, formwork, falsework and shoring. However, the Committee notes that none of the regulations indicated by the Government refer to the requirement to carry out such work under the supervision of a competent person. The Committee once again requests the Government to provide information on the measures adopted or envisaged to ensure that work on structural frames and formwork is carried out only under the supervision of a competent person, in accordance with Article 22(1) of the Convention.

Article 23. Work over water. With reference to its previous comments, the Committee notes the Government’s indication that when implementing the Occupational Safety and Health Programme, the employer is required to include mechanisms to control risks in production processes, such as work performed over water. However, the Committee notes that NTS-009/18, referred to by the Government, does not make specific reference to work performed over water. The Committee requests the Government to provide information on the measures adopted or envisaged to ensure that, where work is carried out over or in close proximity to water, there is adequate provision to: (a) prevent workers from falling into water; (b) the rescue of workers in danger of drowning; and (c) safe and sufficient transport.

Article 27(b). Explosives. With reference to its previous comments, the Committee notes that the Government reiterates the information to which it referred previously concerning Supreme Decree No. 2936, which establishes: (a) the obligation of workers to operate or handle equipment, machinery, tools or other elements only when they have been duly authorized and trained (section 9(e)); and (b) the requirements for storing, handling or transporting toxic, corrosive, inflammable, explosive or other materials (section 72). However, the Committee notes that the Government does not indicate specifically whether explosives shall only be stored, transported, handled or used by a competent person. The Committee once again requests the Government to provide information on the measures adopted or envisaged to give effect to Article 27(b) of the Convention.

[The Government is asked to reply in full to the present comments in 2021.]

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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 136 (benzene) and 162 (asbestos) together.

A. Protection against specific risks

Benzene Convention, 1971 (No. 136)

Article 4 of the Convention. Prohibition of the use of benzene as a solvent or diluent. With reference to its previous comments, the Committee notes that the Government reiterates in its report that the use of benzene is not prohibited. The Committee once again requests the Government to take the necessary measures, in accordance with Article 4 of the Convention, to prohibit the use of benzene and of products containing benzene as a solvent or a diluent, except where the process is carried out in an enclosed system or where there are other equally safe methods of work.

Asbestos Convention, 1986 (No. 162)

Articles 3 and 4 of the Convention. Legislation and consultation. With reference to its previous comments, the Committee notes that the Government repeats in its report the information on the general OSH standards to which it referred previously, adding a reference to the Technical Safety Standard for the Presentation and Approval of Occupational Safety and Health Programmes (NTS-009/18), which does not contain any specific provisions on asbestos. The Committee notes with deep concern that the necessary measures have not been taken to bring the legislation into conformity with the requirements of Article 3. The Committee recalls the Resolution concerning asbestos, adopted by the 95th Session of the International Labour Conference, June 2006, which stated that the elimination of the future use of asbestos and the identification and proper management of asbestos currently in place are the most effective means to protect workers from asbestos exposure and to prevent future asbestos-related diseases and deaths. The Committee once again strongly urges the Government in accordance with Article 3 of the Convention, to take the necessary measures as soon as possible to: (a) prevent and control health hazards due to occupational exposure to asbestos; and (b) protect workers against such risks. It also requests the Government to take the necessary measures to consult the most representative organizations of employers and workers concerned with regard to the measures to be taken to give effect to the provisions of the Convention.

Articles 9, 10, 11 and 12. Preventive measures by law or regulation. Prohibition of the use of crocidolite and spraying. The Committee regrets to note that the necessary measures have not been adopted to bring the legislation into conformity with the requirements of Articles 9, 10, 11 and 12. The Committee once again requests the Government to provide information on the measures adopted or envisaged to ensure the application of Articles 9 and 10 (preventive measures by law or regulation), 11 (prohibition of crocidolite) and 12 (prohibition of spraying).

With reference to its previous comments on respiratory protective equipment and special protective clothing, the Government indicates that the Technical Standard on Demolition Work (NTS-006/17) provides that, when there is evidence of the existence of materials containing asbestos fibres, the requirements set out in the adequate procedures established by the national or foreign minimum safety and health standards applicable to work involving the risk of exposure to asbestos, shall be met. The Committee notes that NTS-009/18 provides that the enterprise or labour establishment shall attach to the occupational safety and health programme documents on the provision of work clothing and personal protective equipment. The Committee notes that the Government also indicates that the Regulations of Act No. 545 on safety in construction (DS No. 2936) establish the general requirement for the contractor to provide workers with appropriate individual protective equipment in relation to the hazards of the workplace in the sector. The Committee also notes the Government’s indication that, in accordance with section 6(d) of DS No. 2936, the contractor shall provide without any cost to the workers, clothing, work apparel and personal protective equipment that is appropriate in relation to the risks analysed for the workplace, and that they shall be verified, inspected and reissued regularly in light of the deterioration and/or damage caused by their use. Finally, the Committee notes that the Government has not provided information on the application of Article 15(2) and (3) of the Convention. The Committee requests the Government to provide information on the measures adopted or envisaged to: (a) prevent or control the release of asbestos dust into the air; (b) ensure that the exposure limits or other exposure criteria are complied with; and (c) reduce exposure to as low a level as is reasonably practicable. The Committee once again requests the Government to provide specific information on the measures taken in relation to respiratory protective equipment and special protective clothing, as provided for in Article 15(4) of the Convention.

The Committee is raising other matters on the application of ratified OSH Conventions in a request addressed directly to the Government.

[The Government is asked to reply in full to the present comments in 2021.]

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In order to provide an overview of matters arising in relation to the application of the ratified occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine Conventions Nos 136 (benzene), 162 (asbestos) and 167(safety and health in construction) together.

With regard to its previous comments on inspection services relating to the application of the aforementioned Conventions, the Committee refers to its detailed comments adopted in 2018 on the Labour Inspection Convention, 1947 (No. 81), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129).

Benzene Convention, 1971 (No. 136)

The Committee notes that the general OSH regulations referred to by the Government give effect to Article 11 of the Convention (relating to pregnant women, nursing mothers and young persons under 18 years of age).

Article 2. Substitution. Noting an absence of information on this subject, the Committee requests the Government to provide further information on the measures taken or envisaged to use harmless or less harmful products instead of benzene or products containing benzene, in accordance with Article 2 of the Convention.

Article 6. Concentration of benzene in the air of places of employment. With regard to the Committee’s previous comments, the Government indicates that Annex D to Technical Standard 008/17 refers to the table of limits for air contaminants established by the Regulations (Standards – 29 CFR, Part 1910) of the Occupational Safety and Health Administration (OSHA) of the United States Department of Labor (USDOL). In this regard, the Committee notes that the aforementioned table does not contain limits for occupational exposure to benzene, which are covered by other parts of the OSHA Regulations. Moreover, the Government has not provided any information on the setting of appropriate standards for: (a) preventing the escape of benzene vapour into the air of places of employment; and (b) measuring the concentration of benzene in the air of places of employment.

The Committee requests the Government to provide information on measures taken or envisaged to ensure that: (a) in premises where benzene or products containing benzene are manufactured, handled or used, all necessary measures are taken to prevent the escape of benzene vapour into the air of places of employment; (b) where workers are exposed to benzene or to products containing benzene, the employer ensures that the concentration of benzene in the air of places of employment does not exceed a maximum fixed by the competent authority; and (c) the competent authority issues directions on carrying out the measurement of the concentration of benzene in the air of places of employment.

Article 7. Enclosed systems. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that: (a) work processes involving the use of benzene or of products containing benzene are as far as practicable carried out in an enclosed system; (b) where it is not practicable for an enclosed system to be used, places of work in which benzene or products containing benzene are used shall be equipped with effective means to ensure the removal of benzene vapour to the extent necessary for the protection of the health of the workers, in accordance with Article 7 of the Convention.

Asbestos Convention, 1986 (No. 162)

The Committee notes that the general OSH regulations referred to by the Government give effect to the following provisions of the Convention: Article 6(1) and (3) (responsibilities of employers); Article 7 (workers’ compliance with instructions); Article 8 (cooperation between employers and workers); Article 13 (notification by employers); Article 14 (labelling); Article 18 (personal protective equipment and clothing); Article 19 (disposal of waste); Article 20 (measurement of concentrations of asbestos dust); Article 21(1) and (2) (medical examinations); Article 21(5) (notification system); and Article 22 (information and education).

Article 15 of the Convention. Exposure limits. The Committee notes the Government’s indication that Annex D to Technical Standard 008/17 refers to the table of limits for air contaminants established by the Regulations (Standards – 29 CFR, Part 1910) of the OSHA of the USDOL. In this regard, the Committee notes that the aforementioned table does not contain limits for occupational exposure to asbestos, which are covered by other parts of the OSHA Regulations. Moreover, the Government has not provided any information on the application of Article 15(2), (3) and (4) of the Convention. The Committee requests the Government to provide information on the measures taken or envisaged to: (a) prevent or control the release of asbestos dust into the air; (b) ensure that the exposure limits or other exposure criteria are complied with; (c) reduce exposure to as low a level as is reasonably practicable; and (d) periodically review and update exposure limits. The Committee also requests the Government to provide information on the measures taken in relation to respiratory protective equipment and special protective clothing as provided for in Article 15(4).

Article 17. Demolition of plants or structures. The Committee notes that section 6(3) of Technical Standard 006/17 (Demolition) provides that when in the framework of demolition activities, “the existence of materials containing asbestos fibres is known or detected during the demolition work itself, the appropriate procedures established by national or foreign minimum OSH provisions applicable to work involving the risk of exposure to asbestos must be followed”. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that: (a) the work provided for in Article 17 of the Convention is undertaken only by employers or contractors who are recognized by the competent authority as qualified to carry out such work; (b) the employer or contractor is required before starting demolition work to draw up a work plan specifying the measures to be taken; and (c) the workers or their representatives are consulted on the work plan, in accordance with Article 17 of the Convention.

Article 20(2), (3) and (4). Records of the monitoring of the working environment. Right to request the monitoring of the working environment. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that: (a) the records of the monitoring of the working environment and of the exposure of workers to asbestos are kept for a period prescribed by the competent authority; (b) the workers concerned, their representatives and the inspection services have access to these records; (c) the workers or their representatives have the right to request the monitoring of the working environment and to appeal to the competent authority concerning the results of the monitoring, in accordance with Article 20(2), (3) and (4).

Article 21(3) and (4). Information on medical examinations. Other means of income when assignment to work involving exposure to asbestos is inadvisable. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that: (a) workers are informed in an adequate and appropriate manner of the results of their medical examinations and receive individual advice concerning their health in relation to their work; (b) when continued assignment to work involving exposure to asbestos is found to be medically inadvisable, every effort is made, consistent with national conditions and practice, to provide the workers concerned with other means of maintaining their income, in accordance with Article 21(3) and (4).

B. Protection in certain branches of activity

Safety and Health in Construction Convention, 1988 (No. 167)

The Committee notes the Government’s first report.

Article 8(b) of the Convention. Two or more employers. Absence of the principal contractor. The Committee notes that section 13 of the Regulations implementing Act No. 545 on safety in construction (DS 2936) provides that the contractor shall nominate an occupational safety officer who shall provide training in OSH and risk prevention and be duly registered at the Ministry of Labour, Employment and Social Welfare. However, the Government has not provided any information on the authority and means to be conferred on the occupational safety officer to ensure coordination and application of the envisaged measures on behalf of the employer. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that where the principal contractor, or other person or body with actual control over or primary responsibility for overall construction site activities, is not present at the site, he/she nominates a competent person or body at the site with the authority and means necessary to ensure on his/her behalf coordination and compliance with the measures, in accordance with Article 8(b) of the Convention.

Article 12. Situation of imminent and serious danger to the safety of workers. The Committee notes that section 11(a) of DS 2936 prohibits contractors from obliging their workers to carry out activities in environments containing physical, biological, chemical, mechanical or ergonomic risks, until such time as the necessary control measures are adopted. However, the Government has not supplied any information on the employer’s obligation to take immediate steps to stop the operation and evacuate workers as appropriate, where there is an imminent danger to their safety. The Committee requests the Government to provide information on the obligation of the employer regarding a situation of imminent and serious danger to the safety of workers, in accordance with Article 12(2) of the Convention.

Article 22. Structural frames and formwork. The Committee notes that section 95 of DS 2936 establishes precautions and instructions regarding the erection of structural frames and components, formwork, falsework and shoring. However, the Regulations do not mention the obligation of carrying out such work under the supervision of a competent person. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that the erection of structural frames and formwork is carried out only under the supervision of a competent person.

Article 23. Work over water. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that where work is done over or in close proximity to water there is adequate provision for: (a) preventing workers from falling into water; (b) the rescue of workers in danger of drowning; and (c) safe and sufficient transport.

Article 27(b). Explosives. The Committee notes that DS 2936 establishes: (a) the obligation of workers to operate or handle equipment, machinery, tools or other elements only when they have been duly authorized and trained (section 9(e)); and (b) the rules to be observed for storing, handling or transporting toxic, corrosive, inflammable, explosive or other materials (section 72). However, the Government has not indicated whether the competent person must take the necessary steps to prevent any risk of injury to workers and other persons. The Committee requests the Government to provide information on the measures taken or envisaged to give effect to Article 27(b) of the Convention.

[The Government is asked to reply in full to the present comments in 2019.]

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In order to provide a comprehensive overview of matters arising in relation to the application of the ratified occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine the Benzene Convention, 1971 (No. 136), and the Asbestos Convention, 1986 (No. 162) together.

Protection against particular risks

Benzene Convention, 1971 (No. 136)

Article 4 of the Convention. Prohibition of the use of benzene as a solvent or diluent. The Committee notes the Government’s indication in its report that the use of benzene is not prohibited. The Committee requests the Government to take the necessary measures, in accordance with Article 4 of the Convention, to prohibit the use of benzene and of products containing benzene as a solvent or diluent, except where the process is carried out in an enclosed system or where there are other equally safe methods of work.

Asbestos Convention, 1986 (No. 162)

Articles 3 and 4 of the Convention. Legislation and consultation. Referring to its previous comments, the Committee notes that the Government repeats information in its report concerning general OSH standards to which it referred previously. The Committee notes with concern that the necessary measures have not been taken to bring the legislation into conformity with Article 3 of the Convention. Moreover, with regard to the application of Article 4, the Government provides information on consultations with the social partners concerning the construction sector, but not specifically related to asbestos. The Committee once again strongly urges the Government, in accordance with Articles 3 and 4 of the Convention, to take the necessary legislative measures: (a) to prevent and control health hazards due to occupational exposure to asbestos; (b) to protect workers against such risks; and (c) to consult the most representative organizations of employers and workers concerned with regard to the measures to be taken to give effect to the provisions of the Convention.

Articles 9, 10, 11, 12 and 16. Preventive measures by law or regulation. Prohibition of the use of crocidolite and spraying. Practical measures for prevention and control. The Committee once again requests the Government to provide information on the measures taken or envisaged to ensure the application of Articles 9 and 10 (preventive measures by law or regulation), Article 11 (prohibition of crocidolite), Article 12 (prohibition on spraying) and Article 16 (practical measures for prevention and control) of the Convention.

The Committee is raising other matters in a request addressed directly to the Government.

[The Government is asked to reply in full to the present comments in 2019.]

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Articles 3 and 4 of the Convention. Legislation and consultation with the most representative organizations of employers and workers concerned on the measures to be taken to give effect to the provisions of the Convention. With reference to its previous comments, the Committee notes the information provided by the Government in its report on general occupational safety and health provisions, to which it has already referred, which give very limited effect to the Convention. The Committee notes in particular that the Bill on occupational safety and health and the preliminary draft regulations for the safe use of asbestos, the forthcoming adoption of which has been noted by the Committee since 1994, have still not been adopted. The Committee therefore urged the Government to make efforts as soon as possible to consult the most representative organizations of employers and workers concerned on the measures to be taken to give effect to the provisions of the Convention and to provide detailed information on the outcome of these consultations. The Committee notes with regret that the Government has not provided the requested information, which appears to show that the consultations envisaged in Article 4 of the Convention have not been held on the measures to be taken to give effect to the provisions of the Convention, and that the legislation referred to previously has not been adopted. The Committee recalls that all laws and regulations have to be the subject of consultation and periodic review in the light of technical progress and advances in scientific knowledge, in accordance with Article 3(2) of the Convention, and the subject of consultations under the terms of Article 4 of the Convention. The Committee once again urges the Government, in accordance with Article 3(2), and within the framework of consultations with the most representative organizations of employers and workers concerned, as required by Article 4, to review the legislation to bring it into conformity with the Convention, including in relation to exposure limits which, in accordance with Article 15(2), shall be fixed and periodically reviewed and updated in the light of technological progress and advances in technological and scientific knowledge.

[The Government is asked to reply in detail to the present comments in 2017.]

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Legislation. The Committee notes the information provided in the Government’s report on the application of the Convention in practice, and notes that the Government once again refers to the Bill on occupational safety and health, which has still not been adopted. It also refers to preliminary draft regulations on the safe use of asbestos, which the Committee has been noting for several years. The Committee notes that the effect given to the Convention is very limited as there are no specific legislative or administrative provisions, as required by the Convention. The Committee also emphasizes that Article 15 of the Convention requires the competent authority to prescribe limits for the exposure of workers to asbestos or other exposure criteria for the evaluation of the working environment, which has still not been done. The Committee notes with concern that, over 20 years after its ratification, adequate legislative or administrative provisions have still not been adopted to give effect to the Convention, and the limits referred to in Article 15 of the Convention have still not been established. The Committee urges the Government to adopt all the necessary measures to give legislative effect to the Convention and to provide information in this regard. The Committee recalls that the Government may seek the technical assistance of the Office if necessary, and requests it to provide information on any developments in this respect.

Article 4. Consultation of the most representative organizations of employers and workers concerned on the measures to be taken to give effect to the provisions of the Convention. In its previous comments, the Committee requested the Government to provide information on the activities undertaken by the National Council for Occupational Safety, Health and Welfare, with respect to the application of this Convention. The Committee notes that the Government confines itself to indicating the functions of the Council, as set out in the 1979 General Health Act, but has not provided the information requested. The Committee urges the Government to make efforts, as soon as possible, to consult the most representative organizations of employers and workers concerned on the measures to be taken to give effect to the provisions of the Convention, and to provide detailed information on the outcome of these consultations.

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Situation in occupational safety and health (OSH). The Committee notes that the Government has not sent any reply to its comments of 2006. The Committee notes that the Government refers to general problems existing in occupational safety and health (OSH). The Government indicates that the 1979 Occupational Safety and Health Act is currently in force but despite the length of time it has been in force it has not been implemented effectively since occupational safety has still not been incorporated into management criteria. The employers still consider that the introduction of systems for prevention and improvement constitutes expenditure, not investment enabling improvements in production and efficiency and reductions in social costs. The workers, despite being the parties directly concerned, have not taken up the subject of OSH and wage issues are the focus of negotiations. The State, through its competent bodies, lacks the clout to ensure that the Act is enforced and as a result accident levels have risen considerably, thus making it necessary to amend the legislation. In view of this situation, and on the basis of the new Constitution, the State has focused its efforts on establishing bodies to promote advances in this field and on adopting legislation. On 18 November 2008, the Government established the National Council for Occupational Safety, Health and Welfare, under the supervision of the Directorate-General of Labour and Industrial Safety at the Ministry of Labour. The Council is a tripartite body whose main function is to formulate policy in this field as well as advising the state authorities. In addition, the Ministry of Labour, Employment and Social Welfare promoted the drawing up of draft legislation in OSH, within the framework of the new Constitution. The Committee notes the efforts made by the Government in setting up the abovementioned body and drawing up the draft legislation. As regards the National Council for Occupational Safety, Health and Welfare, the Committee requests the Government to supply information on the activities undertaken by this body with respect to the application of the Convention. As regards the draft legislation, the Committee requests the Government to take account in the preparation thereof of the OSH Conventions which it has ratified and of the Committee’s comments and to supply information on any developments in this respect, and recalls that the Government may seek technical assistance from the Office if necessary. The Committee requests the Government to provide a general description of the manner in which it ensures that the Convention is applied and to respond to the comments made by the Committee in 2006.

Plan of Action (2010–16). The Committee wishes to take this opportunity to inform the Government that in March 2010 the ILO Governing Body adopted a Plan of Action to achieve widespread ratification and effective implementation of the key instruments in OSH, namely: the Occupational Safety and Health Convention, 1981 (No. 155), its 2002 Protocol, and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) (GB.307/10/2(Rev.)). Noting the Government’s willingness to adopt a global approach to OSH in consultation with the social partners and the fact that the Government has not yet ratified the three key instruments indicated in this paragraph, the Committee wishes to draw the Government’s attention to the fact that these instruments could make an effective contribution towards establishing an appropriate and coherent tripartite framework for the management of OSH, which would also facilitate the application of the ratified Conventions. The Committee wishes to draw the Government’s attention to the fact that, under the terms of the Plan, the Office is available to provide the necessary technical cooperation and assistance to facilitate the application of the ratified Conventions and the ratification of Convention No. 155, its Protocol and Convention No. 187. The Committee requests the Government to supply information on any need for technical assistance and cooperation that it may have in this respect.

Part IV of the report form. Application in practice. The Committee requests the Government to provide a general description of the manner in which the Convention is applied in practice, including documents and material by way of illustration.

[The Government is asked to reply in detail to the present comments in 2013.]

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1. The Committee notes the information contained in the Government’s report.

2. Article 3, paragraph 1, of the Convention. Measures to be taken for the protection of workers against health hazards due to occupational exposure to asbestos. The Committee notes the Government’s statement that it has not been possible to adopt any legislative text or regulations relating to the application of the Convention. It also notes that, according to the Government’s report, the labour inspection services carry out surveillance of the use of asbestos as a chemical contaminant, in accordance with the legislation in force. The Committee trusts that the Government will take all the necessary measures in due course for the adoption of laws prescribing the measures to be taken for the prevention and control of, and protection of workers against health hazards due to occupational exposure to asbestos, in accordance with Article 3 of the Convention. It expresses the firm hope that the Government will make every effort in the near future to adopt and implement the draft Regulations on the safe use of asbestos. The Committee invites the Government to receive ILO assistance through the presentation of draft legislation which can be examined in the light of the provisions of this Convention.

3. Article 3, paragraph 2. Periodic review of legislation in the light of technical progress and advances in scientific knowledge. The Committee refers once again to the fact that, at the present time, the General Act on Hygiene, Occupational Safety and Welfare (Decree No. 16998, of 2 August 1999) is the only law applicable which, however, only contains general provisions on occupational safety and health. The Committee refers to the Government’s statement in which it expressed its intention, despite the opposition of the employers concerned, to adopt the necessary measures to give full effect to the Convention. The Committee requests the Government to provide information on the progress achieved in this respect.

4. Article 7. Requirement for workers to comply with prescribed safety and hygiene procedures relating to the prevention and control of health hazards due to occupational exposure to asbestos. The Committee notes the Government’s indications concerning the resistance, and in some cases even opposition of workers to making use of appropriate clothing and equipment, which constitutes a disincentive preventing a greater number of enterprises from investing in such equipment. The Committee requests the Government to indicate the measures taken to give effect to this Article.

5. Article 10(a). Replacement of certain types of asbestos by other materials scientifically evaluated by the competent authority to be less harmful. The Committee notes that, according to the Government’s report, the biggest industry manufacturing products made from asbestos imports white asbestos, which is less carcinogenic than blue asbestos. The Committee recalls that this provision of the Convention requires that the measures taken to protect workers’ health have to be set out in the national legislation. The Committee requests the Government to indicate the provision of laws or regulations requiring the use of less carcinogenic forms of asbestos in products manufactured on the basis of asbestos.

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The Committee takes note of the Government’s report in response to its previous comments. It further notes the Government’s indications with regard to a number of legislative projects predicted in the field of occupational safety and health.

With regard to the adoption of legislative texts addressing the specific requirements laid down by Article 3 of the Convention, the Committee notes again the Government’s indication that the draft regulations on the safe use of asbestos have been elaborated with the participation of employers and workers to introduce the principles enshrined in this Convention into national legislation. The Committee notes the Government’s indication that, during the preparatory work, a group of employers from small enterprises expressed their opposition to the draft regulations, because they thought that its content violates their rights, and that the international standards are not acceptable in so far as they have been elaborated for the purposes of the overdeveloped countries. In view of the fact that, at present, the General Law on Hygiene, Occupational Safety and Welfare (Decree No. 16998 of 2 August 1989) is the only law applicable, which however provides only for general provisions concerning occupational safety and health, and in the light of the Government’s indication that, although only one type of asbestos, namely the "blue asbestos", is exploited in Bolivia, this kind of asbestos being unfortunately considered as highly carcinogenic, the Committee, taking due note of the Government’s declaration with which it manifests its intention in spite of the opposition faced to adopt the necessary measures to give effect to the provisions of the Convention, expresses its firm hope that the Government will do its utmost to adopt and apply the draft regulations on the safe use of asbestos in the near future. The Committee further notes the Government’s indication that the Minister of Labour is currently preparing regulations concerning the use of diverse chemical substances on the basis of the technical standards contained in Legislative Decree No. 16998 of 2 August 1989. The Committee requests the Government to indicate whether the above regulations would also include asbestos.

The Committee hopes that the Government will take the necessary measures in due time to adopt laws or regulations prescribing the measures to be taken for the prevention and control of, and protection of workers against, health hazards due to occupational exposure to asbestos, in conformity with Article 3 of the Convention. In this respect, the Committee, while noting the Government’s indication that the re-established technical assistance between Spain and the Government, in particular with the Minister of Labour, allowed the elaboration of regulations regarding medical services at the enterprise and medical inspection at work, recalls that the Government has always the possibility to refer, either to the Office or to its Multidisciplinary Team responsible for the region, for requesting technical assistance. The Committee requests the Government to keep the Office informed on any progress achieved in this respect.

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The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes with interest the information provided in the Government's first and second reports. The Government has referred to certain general occupational safety and health measures already provided for in the legislation and has indicated that, in order to ensure the application of the Convention, draft regulations concerning safety in the use of asbestos have been elaborated and that the representative workers' and employers' organizations have been sent copies of the draft for their comments.

The Committee recalls that, under Article 3 of the Convention, national laws or regulations are to prescribe the measures to be taken for the prevention, control of, and protection of workers against, health hazards due to occupational exposure to asbestos. The Government is requested to indicate, in its next report, the progress made in this regard and to provide a copy of any texts adopted to ensure the application of the provisions of the Convention.