Solicitud directa (CEACR) - Adopción: 2002, Publicación: 91ª reunión CIT (2003)

The Committee notes the information provided by the Government in its last report. It notes the amendments introduced by the Royal Decree of 30 June 1995 to the Regulations No. 235 on asbestos of 16 August 1991, by which the scope of application of Regulations No. 235 on asbestos were extended to petroleum activities, as well as the adoption of Regulations No. 518 of 21 April 1994 on safety and health services, Regulations No. 534 of 21 April 1995 concerning minimum safety and health requirements at temporary or mobile construction sides, Regulations No. 524 as amended on 22 June 1995 concerning the use of personal protective equipment at the workplace, Regulations No. 523 as amended on 30 April 1998 on construction, design and production of personal protective equipment, Regulations No. 325 as amended on 30 June 1995 concerning mandatory fines in application of the Act No. 4 respecting workers’ protection and the working environment, 1977, and the Guidelines of February 1996 concerning administrative standards for pollutants in the working atmosphere.

Further to its previous comments, the Committee draws the Government’s attention to the following points.

1. Article 3, paragraph 2, of the Convention. The Committee notes the Government’s indication that no system exists for periodic review of the Asbestos Regulations, but that they will be revised following the revision of the European Council Directives 76/769 and 83/447 concerning asbestos. The Committee wishes to point out the importance to review periodically the relevant laws and regulations, since safety and health risks workers are facing in relation to asbestos might be affected and influenced by the introduction of new products, processes, work organization, technologies and the like, which equally require constant review of the measures to be taken. It accordingly invites the Government to consider the introduction of a practice providing for a regular review of national laws and regulations in the light of the technical progress and advances in scientific knowledge.

2. Article 3, paragraphs 3 and 4. With regard to derogations that might be granted from the preventive and protective measures prescribed by national laws or regulations, the Committee notes again section 3 of Regulations No. 235 on asbestos empowering the Labour Inspectorate to permit derogations from the provisions laid down in these regulations. The Committee recalls the provision of Article 3, of paragraph 3, of the Convention according to which derogations might only be of a temporary nature and have to contain conditions to be determined after consultation with the most representative organizations of employers and workers concerned. The Committee requests the Government to indicate whether those derogations have been granted under conditions and have been limited in time, as provided for by Article 3, of paragraph 3, of the Convention. As to the number of derogations granted, the Government indicates that the Directorate of Labour Inspection does not have figures at its disposal. In this respect, the Committee refers to section 24 of Regulations No. 235 on asbestos providing for notification of employers to the competent authority when work involves the removal of asbestos or other material containing asbestos from a building or technical installation. The Committee supposes that, together with the notification, employers might have asked for derogations from the protective and preventive measures prescribed in Asbestos Regulations No. 235. It therefore requests the Government to indicate at least the number of derogations granted pursuant to section 3 of the above Regulations in relation to demolition work carried out pursuant to section 24.

3. Article 4. The Committee notes the Government’s indication that, pursuant to section 37 of the Public Administration Act, the organizations and institutions concerned must be given the opportunity to express their views before regulations are issued, amended or revoked. The Government adds that the Norwegian Federation of Trade Unions (LO) and the Confederation of Norwegian Business and Industry (NHO) are always consulted before the adoption of regulations concerning the working environment. They also have been consulted before the adoption of the Asbestos Regulations. The Committee takes note of this information and requests the Government to supply, with its next report, a copy of the Public Administration Act for further examination.

4. Article 21, paragraph 3. The Committee notes the Government’s indication that Asbestos Regulations No. 235 do not contain any provision concerning the worker’s right to get adequate information on the results of his or her medical examinations and to receive individual advice concerning his or her health in relation to his or her work. It notes the reference the Government made to section 6(d) of Regulations No. 518 on safety and health services, 1994, requiring the safety and health services to monitor and check workers’ health in relation to the work situation and to undertake the necessary follow-up. In the following, they have to provide information to the workers and the employer on safety and health risks and the work environment (section 6(g)). Pursuant to section 23, subsection 1 of Act No. 4 respecting workers’ protection and the working environment, 1977, the establishment of working environment committees in which the safety and health services are represented is only mandatory in undertakings employing at least 50 workers on a regular basis. The Committee, however, notes from the scope of application set out in section 1 of Regulations No. 518 on safety and health services, 1994, that the monitoring of workers’ health is workplace-related aiming to maintain the health and safety of workers through the monitoring of conditions prevailing in the workplace. In order to achieve this objective, the safety and health service, entrusted with essentially preventive functions, such as the monitoring and control of workers’ health in relation to their work, identifies risks in the workplace that may harm workers’ health. The Committee, in view of the lack of a clear provision, invites the Government to take the appropriate legislative measures to ensure that workers are adequately informed on the results of their health examinations and advised individually on their health in relation to their work, in conformity with this provision of the Convention.

5. Article 21, paragraph 4. The Committee notes the Government’s indication that the employer is obliged to take the necessary action to ensure that workers who are to discontinue their tasks on medical grounds are provided with suitable work. In the event the worker becomes ill or disabled because of exposure to asbestos, his or her income is maintained through social security measures as provided for under the National Insurance Act No. 19 of 28 February 1997, and the Occupational Injury Insurance Act No. 65 of 16 June 1989. Taking note of this information, the Committee requests the Government to specify the provision requiring the employer to provide alternative suitable work to those workers whose continued assignment to their work tasks is medically inadvisable.