Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the information provided in the Government’s report including replies to its previous comments. It also notes the information that the Hazardous Substances Ordinance (Gefarhstoffverordnung-GefStoffV) of 23 December 2004 (BGBl. I S 3758) came into force on 1 January 2005 and that an amended version of the Technical Rules for Hazardous Substances (TRGS) 519 Asbestos: Demolition, Reconstruction or Maintenance Work was issued in September 2001.

2. Article 6, paragraph 3, and Article 17, paragraph 3, of the Convention. Procedures preparing for emergency situations and consultations with workers or their representatives regarding workplans. The Committee notes with satisfaction that in reply to its previous comments regarding preparations for emergency procedures, the Government refers to Annex III, paragraph 2.4.2, of the newly adopted Hazardous Substances Ordinance requiring prior notification to the competent authority of any demolition, reconstruction or maintenance work (DRM work) involving products or materials containing asbestos and that through this procedure, the competent authority can, in each case, satisfy itself whether an emergency scenario is envisaged. The same ordinance, in section 20, subsection 4, entitles the competent authority to order any measures that would be called for in such cases. The Committee also notes with satisfaction that in reply to its comments regarding consultations with workers or their representatives, the Government refers to section 11, subsection 3, of the Hazardous Substances Ordinance which specifically provides for such consultations, specifically in relation to DMR work, on measures to limit exposure of workers as far as possible and to ensure protection of workers during such activities.

3. Article 21, paragraph 4. Provision of other means of maintaining income. The Committee notes that in reply to its previous comments on this issue, the Government indicates that section 16, subsection 5, of the Hazardous Substances Ordinance provides that additional protective measures required must be taken if the employer is aware that, owing to the conditions at the workplace, there are health reasons why an employee should not continue carrying out the activity. The Committee further notes that the Government indicates that this includes the possibility of assigning the employee to another activity that does not involve risk for further exposure. Recalling that Article 21, paragraph 4, of the Convention requires that every effort should be made, consistent with national conditions and practice, to provide the workers concerned with other means of maintaining their income, the Committee requests the Government to indicate the measures taken or envisaged, including their application in practice, to ensure a full application of this provision of the Convention.