Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information supplied by the Government in its report. It would draw the Government's attention to the following points.

1. Article 6, paragraph 3, of the Convention. The Committee notes the Government's indication to the effect that section 20 of the Ordinance on Dangerous Substances requires the employer to establish working instructions appropriate to the type of work and material indicating the health and environmental risks involved in handling dangerous substances and defining the requisite safety measures (first aid measures) and rules for conduct. These instructions are to be written in the language and manner comprehensible to the workers. In this regard, the employer's general obligation under section 87 of the Works Constitution Act to participate in the works council remains unchanged. The Committee recalls that Article 6, paragraph 3, of the Convention calls for the preparation of procedures dealing with emergency situations which have to be established by the employer in cooperation with the occupational safety and health services, and after consultation with the workers' representatives concerned. The Committee accordingly requests the Government to indicate whether, apart from the works council, the occupational safety and health services are involved in the preparation of procedures dealing with emergency situations, and if so, please provide full details.

Article 17, paragraph 3. The Committee notes again section 39, subsection 2, of the Ordinance on Dangerous Substances, requiring the employer to submit in advance detailed workplans before carrying out demolition, restoration and maintenance work on and in constructions, buildings and vehicles containing asbestos. These work plans have to be submitted together with the employer's licence, showing his qualification to carry out this kind of work, to the competent authorities for approval. According to the Government, this regulation ensures that the occupational safety and health services are extensively involved in the establishment of workplans. In this respect, the Committee recalls the provision of Article 17, paragraph 3, of the Convention providing for the consultation of workers or their representatives on workplans regarding the demolition of plants or structures containing friable asbestos insulation materials, and removal of asbestos from buildings or structures in which asbestos is liable to become airborne. The Committee accordingly requests the Government to indicate whether workers or their representatives are consulted on such workplans.

Article 21, paragraph 4. The Committee notes the Government's explanation to the effect that section 1 of the Ordinance on the Prohibition of Chemicals prohibits the trade, manufacture and use of asbestos in Germany. In addition, the exposure of workers to asbestos is prohibited under section 15a of the Ordinance of Dangerous Substances. However, demolition, restoration and maintenance work is exempted from this ban, but may only be carried out under the particular conditions prescribed in section 39 of the Ordinance on Dangerous Substances. Moreover, the Technical Rules for Dangerous Substances 519 (TRGS 519) contain specific provisions as concerns safety procedures for the protection of workers involved in these activities. The Committee further notes the Government's conclusion that these regulations, based on the technology available, minimize the workers' exposure to asbestos and thus guarantee a high level of protection. The Committee recalls the provision of Article 21, paragraph 4, of the Convention and requests the Government to explain the efforts made or envisaged to provide the workers, whose continued assignment to work involving exposure to asbestos is found medically inadvisable, with other means of maintaining their income.