Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 3 of the Convention. National legislation. The Committee notes the legislation attached to the Government’s latest report, including the Health and Safety at Work (Protection from Asbestos) Regulation of 2006 (P.I 316/2006) which gives effect to Article 3 of the Convention. The Committee asks the Government to continue to provide information on legislative measures undertaken and the general application of the new provisions with regard to the Convention.

Article 21(4). Provision of other means of maintaining income. With reference to its previous comments, the Committee notes from the Government’s response that there are no workers who work exclusively with materials containing asbestos and that workers who are medically unfit to continue working with materials containing asbestos, can be provided alternative work without exposure to such materials. The Committee also notes the information that in exceptional cases, when an employer is unable to provide alternative work, or if the worker is unable to find another job, the worker can receive benefits from the system of social security. The Committee would like to draw the Government’s attention to the fact that this provision in Article 21(4) also relates to situations before any occupational disease has been declared but after a determination that continued assignment to work involving exposure to asbestos has been found to be medically inadvisable. The Committee therefore reiterates its request to the Government to indicate the specific measures taken to ensure that the workers concerned are provided with other means of maintaining their income and to provide information on the practical application of this Article.

Part V of the report form. Application in practice. The Committee notes from the Government’s response that 313 inspections have been carried out and that there are less than 200 workers covered by the asbestos legislation. The Committee also notes the information that there were a very limited number of violations, two occupational accidents and 23 cases of mesothelioma of the lung recorded during the period covered by this report. The Committee requests the Government to provide, if possible, extracts from the reports of the inspection services, including information on the resulting action taken following any contraventions or violations and to continue to provide information on how this Convention is applied in practice.