Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Repetition

Articles 11 and 12 of the Convention. Use of crocidolite and the spraying of asbestos. In its previous comments, the Committee noted that sections 5.1 and 5.2 of the Safety Regulations for the Use of Asbestos of 9 August 2000 prohibit the use of crocidolite and the spraying of all forms of asbestos and provide for possible waivers by the competent authority where there is no alternative and on condition that the health of workers is not endangered, and asked the Government to provide information in this regard. The Committee notes that according to the Government, there have been no cases of any waivers being issued under these provisions of the Regulations.

Article 17(1) and (2). Demolition of plants containing friable asbestos insulation materials. In its previous comments, the Committee noted that the Safety Regulation for the Use of Asbestos contain no specific requirement that the demolition of plants containing friable asbestos insulation materials is to be undertaken only by employers or contractors recognized by the competent authority as qualified to carry out such work, or any provision on the workplan which has to be drawn up before such work is started. The Committee requested the Government to take the necessary steps to ensure application of this Article of the Convention. The Committee notes with regret that the Government refers to the abovementioned Regulations without indicating the relevant provisions that give effect to these Articles of the Convention and which would respond to the questions raised by the Committee. The Committee again asks the Government to indicate clearly the provisions of the relevant legislation that give effect to these Articles, and to provide information on their application in practice in the construction industry.

Article 21(4). Alternative employment and maintenance of workers’ income when continued assignment to work involving exposure is found to be medically inadvisable. Further to its previous comments, the Committee notes that the Government refers to section 5 of the 1993 Recommendations on Occupational Safety and Health in the Use of Asbestos. The Committee notes that section 5 refers to a programme of medical supervision, providing that “the medical service of the enterprise shall determine and apply medical contraindications when assigning or rotating a post”. Although this Recommendation may contribute in part to assignment to alternative employment, it would not appear sufficient for effectively ensuring alternative employment or other means of maintaining income in the case at hand. The Committee accordingly asks the Government once again to continue to provide information on the manner in which it ensures alternative employment or other measures such as social benefits so as to secure maintenance of the worker’s income where the worker’s assignment to or maintenance in a job involving exposure is medically inadvisable. Please provide, in particular, practical information on the manner in which maintenance of income is guaranteed, including through social benefits.

Part V of the report form. Application in practice. Article 5. Labour inspection services. With reference to its previous comments, the Committee notes that the Government does not provide the information requested on the application of the Convention in practice. The Government again states that the Occupation Safety and Health Unit is undergoing restructuring with the assistance of the Government of Spain and that the relevant regulations are being disseminated, but provides no further information. The Committee points out to the Government that information on the manner in which effect is given to the Convention is essential to the Committee’s examination of how far the Convention is applied. The Committee again asks the Government to make every effort to provide information on the effect given in practice to the Convention, including reports of the labour inspection services or other bodies responsible for the enforcement of the Convention and supervision of the application of the abovementioned Regulations, so the Committee may gain a fuller picture of the manner in which the Convention is applied in practice. Please provide, for example, general information on the manner in which the Convention is applied, including in the construction sector as far as possible.

The Committee again asks the Government to envisage the possibility of requesting technical assistance from the Office in drafting reports and addressing some of the questions raised regarding the occupational safety and health Conventions, and requests it to provide information on any needs that may arise in this regard.