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Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Asbestos Convention, 1986 (No. 162) - Uruguay (Ratification: 1995)

Other comments on C162

Observation
  1. 2020
  2. 2019
  3. 2018

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The Committee notes the observations made by the Inter-Union Assembly of Workers–Workers’ National Convention (PIT–CNT) transmitted by the Government.
Articles 3 and 5 of the Convention. Measures for the prevention and control of, and protection of workers against, health hazards due to occupational exposure to asbestos. Effective enforcement. In its previous comment, the Committee noted with regret, that although Decree No. 154/002 of 2002 prohibits the manufacture, import and commercialization of asbestos, the Government had still not given full effect to most of the provisions of the Convention. In response to this comment, the Committee notes the Government’s reference in its report to Decree No. 125/014 of 2014 concerning safety and health in construction, which the Committee observes provides for preventive measures in that sector, but makes no specific reference to asbestos. The Committee also notes the observations made by the PIT–CNT that in practice, the application of Decree No. 154/002 is not sufficiently ensured through effective controls, for instance in the reparation or substitution of the insulation of roofs. The Committee once again requests the Government to adopt the necessary measures to give full effect to the Convention, as regards the issues raised in its direct request concerning Articles 20(2) and (3) and 21(3) and below concerning the issues raised under Articles 17, 19, and 22(2). It also requests the Government to provide information on the inspections undertaken to control the prohibition of asbestos, as well as measures taken to ensure the protection of all workers who may be exposed to asbestos in the course of work, including measures taken concerning workers engaged in roofing and insulation work.
Article 17. Demolition of plants and structures containing asbestos and removal of asbestos. The Committee notes that while Chapter VII of Decree No. 125/014 concerning safety and health in construction provides for safety and health requirements with regard to demolition work, it does not contain any provisions specifically referring to asbestos. The Committee requests the Government to take the necessary measures to ensure that 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, are undertaken only by employers or contractors who are recognized by the competent authority as qualified to carry out such work. The Committee also requests the Government to ensure that employers or contractors shall be required to draw up a workplan before undertaking such specific demolition work, in consultation with workers or their representatives.
Article 19. Handling of asbestos waste. As the Government has once again not provided a reply on this point, the Committee requests the Government to take the necessary measures to ensure that employers shall dispose of waste containing asbestos in a manner that does not pose a health risk to the workers concerned, including those handling asbestos waste, or to the population in the vicinity of the enterprise. It also requests the Government to ensure that appropriate measures are taken by the competent authority and by employers to prevent pollution of the general environment by asbestos dust released from the workplace.
Article 22(2). Requirement for employers to establish written policies and procedures for the education and periodic training of workers on hazards due to asbestos. The Committee notes that Decree No. 125/014 concerning safety and health in construction provides, among other things, for the obligation of employers to train workers on the existing risks in workplaces in construction and on the necessary preventive measures, without making specific reference to asbestos. The Committee once again requests the Government to take the necessary measures to give full effect to Article 22(2) of the Convention by ensuring that employers have established written policies and procedures on measures for the education and periodic training of workers on asbestos hazards and methods of prevention and control.
The Committee is raising other matters in a request addressed directly to the Government.
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