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

1. Article 6, paragraph 3, of the Convention (Establishment of procedures for emergency situations). The Committee notes that in response to its request for information on measures adopted to ensure that employers prepare procedures for dealing with emergency situations, the Government indicates that Directive No. 6503 concerning cleaning work on premises incorporating loosely compacted asbestos is under review with a view to clarifying the procedures for protecting workers’ health. The Committee also notes that the Government indicates that pursuant to Directive No. 6508, adopted in application of the employers’ obligations’ contained in section 11(a), paragraphs 1 and 2, of the Ordinance on the prevention of accidents (OPA), all enterprises which carry out activities which imply health risks, are required to have in place procedures for dealing with emergency situations. The Committee requests the Government to provide information on progress on the review of Directive No. 6503 as well as on how the general provisions requiring all enterprises to have in place procedures for dealing with emergency situations is applied by enterprises specialized in handling asbestos - in particular by enterprises engaged in cleaning work on premises incorporating loosely compacted asbestos.

2. Article 20, paragraphs 2 and 3 (Monitoring and surveillance - access to and keeping of records). As regards paragraph 2, the Committee notes the information provided that the requirement for CNA/Suva to keep such records for 30 years is contained in a recommendation by the ad hoc committee for the application of the legislation on accident insurance, and requests the Government to indicate measures taken or envisaged to ensure a full application of this provision. With reference to paragraph 3, the Committee notes the information that section 61 of the OPA only regulates the right of access to all relevant records of monitoring of the working environment for the inspection services and that this provision does not guarantee the workers’ and their representatives’ access thereto. While the Committee also has noted the information that section 8 of the federal law on the protection of personal data of 19 June 1992 (LPD) entitles all persons to have access to information concerning her or him, it requests the Government to indicate the measures taken or envisaged to ensure that workers and their representatives also have full access to relevant records of monitoring of the working environment.