Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Asbestos Convention, 1986 (No. 162) - Netherlands (Ratification: 1999)

Other comments on C162

Observation

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The Committee notes the joint observations of the Netherlands Trade Union Confederation (FNV) and the National Federation of Christian Trade Unions (CNV) received on 31 August 2021 and the comments provided by the Government in this respect.

Article 5 of the Convention. Adequate and appropriate system of inspection. Effective enforcement and compliance. Further to its previous comment, the Committee notes that the Government refers to the asbestos supervision programme of the labour inspectorate which aims to increase compliance with the relevant legislation by companies holding certificates for asbestos removal work. The Government specifies that under this programme: (i) there is the objective of inspecting certified companies at least once every three years; (ii) in practice 90 per cent of these companies were inspected in this period; (iii) notorious non-compliant companies are visited several times a year and may have their activities temporarily suspended (three suspensions were issued in 2020 following the detection of serious and frequent violations); (iv) awareness-raising of employers and workers about the dangers and risks of asbestos is carried out in asbestos removal companies; and (v) in 2020, the programme focused on targeting illegal asbestos removals as well as on occupational groups working in installation and plumbing companies. The Government also refers to the increased capacity of the labour inspectorate and to the development of new assessment tools for certified companies engaged in asbestos removal and for workers. The Government further indicates that, in 2020 violations were identified in about 55 per cent of the companies inspected, most of which had committed serious violations, including the absence of risk assessments and the illegal removal of asbestos and that there is an ongoing criminal investigation in relation to illegal asbestos removal.

The Committee notes that the FNV and CNV reiterate observations on the functioning of the certification system for asbestos removal companies, stating that those that systematically fail to comply with the legislation can continue to operate and their certificates are very rarely removed. In their view, following serious violations where workers are exposed to asbestos beyond the limit value of 2000 fibres/m3, the companies’ operations should not be stopped temporarily, but permanently.

In this regard, the Committee takes note of the Government’s indications that: (i) the measures adopted by the labour inspectorate with respect to offending certified companies should be proportionate to the seriousness of the violations detected and it would not be proportionate to ban the operation of these companies following the detection of one serious violation; (ii) ordering a temporary halt of all activities of such companies is a serious measure applied by the labour inspectorate that can have direct and major consequences; (iii) the labour inspectorate reports suspicions of non-compliance by a certified company to the certification bodies, which determine whether this is the case and then take action; (iv) when non-compliance with the requirements of the certification system is detected, the certification bodies take appropriate measures against certified companies, including issuing a warning, unconditional or conditional suspension of activities and, as a final measure, withdrawal of the certificate (after giving the certified company the opportunity to implement the required improvements); and (v) the labour inspectorate supervises the certification system, including the manner in which certification bodies carry out their tasks and is authorized, if necessary, to impose measures on certification bodies, including suspension or revocation of their designation where there are serious shortcomings. The Committee requests the Government to continue to provide information on specific measures taken in practice by the labour inspectorate to ensure compliance with the provisions of the Convention, including information on the number of inspectors dedicated to asbestos-related inspections, inspection visits, violations detected, and penalties imposed, as well as activities to supervise the certification system for asbestos removal. The Committee also requests the Government to provide further information on certified companies whose certificates to work with asbestos have been withdrawn by the competent certifying bodies, following inspections carried out or actions taken by the labour inspectorate.