Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

1. The Committee notes the information provided in the Government’s reports, particularly in relation to the adoption of Act No. 99/2003 of 27 August issuing a new Labour Code, and Act No. 35/2004 of 29 July issuing its implementing decree, as well as resolution No. 24/2003 of 2 April in respect of the use of asbestos in public buildings. The Committee notes with interest that, based on the information available, the main provisions of the Convention are applied. The Committee also notes the observations made by the General Confederation of Portuguese Workers (CGTP) in relation to the application of Article 3, paragraph 2, Article 15, paragraph 2, and Article 22, paragraph 3. The Committee would be grateful to be provided with additional information on these observations and on the following points.

2. Article 1, paragraphs 2 and 3, of the Convention. Exclusion of a branch of economic activity from the application of the Convention. The Committee notes that maritime and air transport have been excluded from the application of the Convention by section 1(3) of Legislative Decree No. 284/89 of 24 August. It requests the Government to indicate whether this decision was made following consultations with the most representative organizations of employers and workers concerned, and on the basis of an assessment of the health hazards involved and the safety measures applied, and whether, when deciding on this exclusion, the competent authority took into account the frequency, duration and level of exposure, as well as the type of work and the conditions at the workplace.

3. Article 3, paragraph 2, and Article 15, paragraph 2. Periodical review and updating in the light of technical progress and advances in scientific knowledge. The Committee notes the observations of the CGTP concerning the application of Article 15, paragraph 2, of the Convention. The CGTP indicates that there is no legal provision regarding the review and updating of exposure limits and criteria, and that the last review took place in 1993. In this respect, the Committee notes the information provided by the Government that the review and updating of the exposure limits set out in the national legislation will be undertaken when a directive is adopted by the European Community for this purpose. The Committee requests the Government to keep it informed of any developments in this respect and to provide a copy of the relevant national texts when they are adopted.

4. Article 6, paragraph 3. Consultation with the health services in preparing emergency procedures. The Committee requests the Government to indicate the provisions ensuring that health services collaborate in the preparation of procedures for dealing with emergency situations.

5. Article 11, paragraph 2, and Article 12, paragraph 2. Special permits for the use of asbestos. The Committee notes that, under the terms of section 9(4) of Legislative Decree No. 284/89, the General Directorate of Occupational Health and Safety is responsible for issuing permits for the use of asbestos and carries out the necessary controls with the General Directorate of Industry and the representative organizations of employers and workers concerned. The Committee requests the Government to indicate whether permits have been issued in practice under section 9(4) of Legislative Decree No. 284/89 and to specify the conditions attached.

6. Article 14. Responsibility of manufacturers for the labelling of products containing asbestos. The Committee requests the Government to indicate the provisions in respect of the responsibility of producers and suppliers of asbestos and of the manufacturers and suppliers of products containing asbestos for adequate labelling of the container and product, as prescribed by the competent authority.

7. Article 17, paragraph 3. Consultation of workers on the workplan for the demolition of buildings containing asbestos. Noting that section 11(4) of Legislative Decree No. 284/89 provides that a workplan shall be communicated to the competent authorities, at their request, before the beginning of work on the demolition of buildings containing asbestos, the Committee requests the Government to indicate the provisions ensuring that workers or their representatives shall be consulted on such workplans, in accordance with this Article of the Convention.

8. Article 22, paragraph 3. Training. The Committee notes the observations of the CGTP, criticizing the application of this Article, relating to regular and continuing training of workers on the health hazards due to exposure to asbestos and methods of prevention and control. Noting that this Article of the Convention appears to be applied by section 278 of the new Labour Code, the Committee would be grateful to be provided with additional information on this point raised by the CGTP.

9. Part V of the report form. Application in practice. The Committee notes the statistics provided in the Government’s report on the violations reported and the measures taken in relation to carcinogenic agents and asbestos. The statistics show a fall in the number of infringements reported between 1999 and 2000. In this respect, the Committee requests the Government to continue providing statistics and inspection reports, information on the number of workers covered by the legislation, disaggregated by sex, if available, the number and nature of the contraventions reported, the number of occupational diseases reported as being caused by asbestos and any information which would enable the Committee to assess more effectively the manner in which the Convention is applied in practice in the country.