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Safety Provisions (Building) Convention, 1937 (No. 62) - Switzerland (Ratification: 1940)

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Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment C.162

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 62 (safety provisions (building)) and 162 (asbestos) together.

Protection against specific risks

Asbestos Convention, 1986 (No. 162)

Article 20(2) of the Convention. Keeping of records of the monitoring of the working environment and the exposure of workers to asbestos for a period prescribed by the competent authority. The Committee notes that, according to the Government’s report, while the legislation does not provide for a mandatory period during which the records of the monitoring of the working environment and of the exposure of workers to asbestos must be kept, in practice information relating to monitoring, measures and medical records in connection with asbestos exposure in the workplace is retained for at least 30 years. The Government indicates that this practice is consistent with the recommendations concerning the application of the Accident Insurance Act, made by the ad hoc committee on accident insurance claims in 2009, which are non-binding. Taking note of this information, the Committee requests the Government to indicate any future legislative development that would prescribe a mandatory retention period.

Article 20(3). Access to records of the monitoring of the working environment and the exposure of workers to asbestos. Further to its previous comment, the Committee notes the Government’s indication that, in accordance with the law on data protection, workers have the right to access personal data, including data processed by the federal authorities, concerning them personally or their working conditions. The Government indicates that workers’ representatives in enterprises also have the right to access information concerning the monitoring of the working environment, excluding personal data such as medical records. The Committee notes this information, which responds to its previous request.

Application of the Convention in practice. Further to its previous comment, the Committee notes that, according to the Government, SUVA (the national Swiss accident insurance fund) identified asbestos as a priority theme of the prevention programme 2020–30 and, in particular, carried out 1,400 workplace inspections relating specifically to asbestos in 2022. The Government also indicates that the average number of asbestos-related deaths for the period 2016–20 was 133 and that 160 cases of mesothelioma were recorded in 2020. The Government indicates that the high number of deaths is also linked to the long latency period between exposure and the onset of disease. The Committee requests the Government to continue to provide information on the application of the Convention in practice, including on the results of the inspections carried out and the number of cases of mesothelioma and deaths recorded.

Protection in specific branches of activity

Safety Provisions (Building) Convention, 1937 (No. 62)

The Committee recalls that the Governing Body of the ILO, on the recommendation of the Standards Review Mechanism Tripartite Working Group (SRM TWG), confirmed at its 334th Session (October–November 2018) the classification of the Safety Provisions (Building) Convention, 1937 (No. 62) as an outdated instrument, and placed an item on the agenda of the 112th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also requested the Office to undertake follow-up action to actively encourage the ratification of the up-to-date instrument, namely, the Safety and Health in Construction Convention, 1988 (No. 167). The Committee therefore encourages the Government to follow up on the decision taken by the Governing Body at its 334th Session (October-November 2018) approving the recommendations of the Standards Review Mechanism Tripartite Working Group and to consider ratifying Convention No. 167. The Committee takes this opportunity to remind the Government that at its 110th Session in June 2022, the International Labour Conference added a safe and healthy working environment to the fundamental principles and rights at work, thereby amending the 1998 Declaration on Fundamental Principles and Rights at Work. The Committee draws the Government’s attention to the fact that it may avail itself of the technical assistance of the Office for the purpose of bringing both the applicable legislation and practice into line with the fundamental Conventions on OSH and, thus, promote their ratification and effective application.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes from the Government’s report the entry into force on 1 July 2000 of the Order on the safety and health of workers in building works of 29 March 2000, which updates safety requirements by taking account of current techniques and increased needs for the protection of workers against the risks they face at work. It notes that this Order specifies obligations of employers and workers, not previously contained in the old Order, and in particular the obligation to wear protective helmets, and more detailed provisions on the use of scaffolds and work carried out on or on the edge of roofs. The Committee also notes the entry into force on 1 January 2000 of the Order on the safe use of cranes of 27 September 1999. It requires for each crane a crane book, a control booklet, and a statement of conformity. It further enumerates the training requirements for obtaining permits to operate cranes. It also provides for the recognition by the Swiss national social security fund (Caisse nationale suisse d’assurance - CNA) of experts in cranes, in case of accidents, and that the employer is required to ensure that these experts have the necessary conditions for carrying out their work. The Committee also notes that other obsolete provisions are in the process of being re-examined (or even repealed).

The Committee wishes to recall to the Government the invitation formulated by the Governing Body to States parties to Convention No. 62 to contemplate ratifying the Safety and Health in Construction Convention, 1988 (No. 167), the ratification of which, ipso jure, will involve the immediate denunciation of Convention No. 62, and its request to member States to inform the Office of the obstacles and difficulties encountered, if any, that might prevent or delay the ratification of Convention No. 167. The Committee would be grateful if the Government would provide information in this regard.