Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Asbestos Convention, 1986 (No. 162) - Switzerland (Ratification: 1992)

Other comments on C162

Observation

2005

Direct Request

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Article 6(3) of the Convention. Implementation of procedures for dealing with emergency situations. The Committee notes the information provided in the Government’s report referring to section 7, “Special measures for the removal of poorly bonded asbestos”, of directive CFST 6503, which in section 7.5 deals with emergency measures and cites the present Article of the Convention.

Article 20(2). Keeping of records of the monitoring of the working environment and of the exposure of workers to asbestos for a period prescribed by the competent authority. The Committee notes the Government’s indication that, in accordance with recommendation 9/87, revised in 2009, it is recommended to keep records of accidents for a period of 30 years for some very specific cases, and for a period of ten years for all other cases, and that the period of conservation is calculated as of the moment a case is closed. The Committee refers to the guidelines contained in Paragraph 36 of the Asbestos Recommendation, 1986 (No. 172), which provides that the records of the monitoring of the working environment should be kept for a period of not less than 30 years; and that records of the monitoring of exposure of workers as well as the sections of their medical files relevant to health hazards due to exposure to asbestos and chest radiographs should be kept for a period of not less than 30 years following termination of an assignment involving exposure to asbestos. The Committee requests the Government to indicate the compulsory period of time for keeping records of the monitoring of the working environment and of exposure of workers to asbestos.

Article 20(3). Access to the records of the monitoring of the working environment and of exposure of workers to asbestos. The Committee once again notes the Government’s indication that, under section 8 of the Federal Act on Data Protection (LPD; RS 235.1), all persons shall have access to data concerning them. The Committee notes, however, that no measure has been taken or envisaged to ensure that the workers’ representatives have specific and full access to the records of the monitoring of the working environment, as requested by the Committee. Recalling that, under the terms of Article 20(3) of the Convention, the workers concerned, their representatives and the inspection services shall have access to these records, the Committee requests the Government to take all appropriate measures to ensure full application of this provision of the Convention so that the workers’ representatives have complete access to the records of the monitoring of the working environment of the workers they represent.

Court decisions. The Committee requests the Government to indicate whether the courts or other bodies have handed down decisions involving questions of principle relating to the application of the Convention.

Application of the Convention in practice. The Committee notes that, according to the statistics on the number of accidents, in regard to the Federal Act on Accident Insurance, in 2010, 238 cases of occupational disease due to asbestos were accepted, of which 98 were mesothelioma cases and 100 were cases of deaths; in 2011, 260 cases of occupational disease due to asbestos were accepted, of which 91 were mesothelioma cases and 103 were cases of deaths. The Committee requests the Government to continue to provide a general overview of the manner in which the Convention is applied in the country, including relevant statistical information on the number and nature of infringements reported, the number of cases of occupational disease by sector caused by asbestos, and the measures taken in practice to reduce this number.