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

1. The Committee notes the information in the Government’s brief report submitted in September 2005. The Committee also notes the observations received from the Association of Workers Affected by Asbestosis-Vranjic (hereinafter, the Association) in 2004, and the Government’s response thereto in a communication dated 26 October 2004. The Committee further notes the observations submitted by the Association this year, which have been transmitted to the Government for its comments. In its submission the Association provides certain new observations related to a proposed new draft law, but in other respects the observations made are in all essential parts the same as those raised in their 2004 submission, to which the Government has responded in detail in its 26 October 2004 communication. The Committee notes that in its 2005 report the Government has not made any further comment, nor submitted any further information in respect of the observations made by the Association in 2004.

2. Article 3 of the Convention. Measures taken for the prevention and control of, and protection of workers against, health hazards due to occupational exposure to asbestos. Reference is made to the concerns raised by the Association in the Committee’s previous comment and to the additional information provided by the Association this year. The Committee notes that according thereto the conditions at the Salonit factory detailed in its earlier observations have not improved but on the contrary have deteriorated (see paragraph 6 below). The Committee regrets to note that the Government’s 2005 report contains no information regarding measures taken for the prevention and control of, and protection of workers against, health hazards due to occupational exposure to asbestos at this factory. Against this background, the Committee expresses deep concern over the ongoing life-threatening working conditions at the Salonit factory and requests the Government urgently to take all the appropriate measures required to address this situation and to limit the risk for further damage that may be caused to the health, not only of workers at the factory, but also of those living in the vicinity. The Committee requests the Government to provide it with a detailed report on all the measures taken for the prevention and control of, and protection of workers against, health hazards due to occupational exposure to asbestos at the Salonit factory.

3. Articles 3 and 4. Framing of national laws and regulations. With reference to its previous comments regarding the absence of national legislation giving effect to the Convention, the Committee notes that the Government refers to a draft final bill on the entitlement to old-age pensions for workers who have been occupationally exposed to asbestos and indicates that a list of toxic agents is being developed including reference to asbestos fibres which prohibits the production, marketing and use of asbestos fibres. The Committee also notes that the Government indicates that draft rules on occupational safety in work with asbestos to give effect to the provisions of the Convention are being prepared. In this context, the Committee recalls that it had in its direct request of 2003 drawn the attention of the Government to the need to take appropriate legislative measures to give effect to Articles 9, 10, paragraph (a), 13 and 20, paragraph 2, of the Convention. Further, in its most recent submission the Association indicates that it was aware of this new draft, but that it had not been consulted thereon. The Association further submits highly critical observations against the drafting process of this law as the person in charge of preparing the draft law is the vice-president of the supervisory council of the Salonit factory and as none of the competent state organs has consulted with the Association on the proposed draft law, and is also highly critical of the content of the draft law as it only appears to prohibit the production of asbestos but does not regulate all other asbestos-related activities such as the handling of asbestos waste, and as it appears to include provisions which are unduly favourable to the employer. While inviting the Government to respond to the observations made by the Association, the Committee urges the Government to take all appropriate measures in the near future to ensure the full application of the Convention, to consult with the most representative organizations of employers and workers on any draft legislation to give effect to the Convention, to ensure that the draft legislation is adopted and effectively implemented, and to submit a copy of the said legislation to the Committee as soon as it has been adopted. The Committee also invites the Government to seek the assistance of the ILO by submitting any draft law to it for examination in the light of the provisions of the present Convention.

4. Article 5. Inspection. The Committee takes note of the Association’s observation indicating that there are shortcomings with regard to the carrying out of inspections by the State Inspectorate, Industrial Safety Section, Branch Office, Split, and that the inspectors do not appear to have adequate technical equipment at their disposal to measure the concentration of asbestos at workplaces. The Committee requests the Government to provide information on the manner, frequency and adequacy of inspection and the technical equipment used by the concerned inspectors to measure the concentration of asbestos in the Salonit factory.

5. Article 18. Special protective clothing and washing facilities. The Committee takes note of the Association’s renewed observations indicating that no special protective clothing is provided to the concerned workers and that the work clothing provided by the employer (Salonit) is simple clothing used in general industrial processes, that there are no facilities for the handling, storage and cleaning of used work clothing, nor any washing facilities available for the workers concerned. The Committee recalls that it had in its direct request of 2003 drawn the attention of the Government to the need to review section 126 of the Rules on Safety at Work in Processing Non-Metallic Raw Materials, 1986, in the light of the requirements of Article 18, paragraphs 2 and 3, of the Convention and to take necessary measures to give effect to Article 18, paragraph 4, of the Convention. Noting that the Government’s report is silent on these issues, the Committee reiterates its request to the Government to indicate the measures taken or envisaged to address these issues.

6. Article 19. Disposal of waste containing asbestos. The Committee takes note of the Association’s observation that disposal of waste containing asbestos in open air in the factory space of Salonit continues up to this date even after the ruling issued in July 2004 by the inspectors obliging the employer to cover temporarily stored asbestos with an impermeable foil. It alleges that this situation has come about because of the lack of proper monitoring. It further alleges that this situation puts not just the concerned workers at risk but also the population in the vicinity as the factory is located only 50 metres away from a highly urbanized area. The Association also indicates that any further delay in addressing the situation will result in enormous damage to the health of the workers concerned and the population in the vicinity. The Committee recalls that, in its previous comments, it had stressed the need for taking necessary measures in this regard expeditiously as the handling of asbestos waste by the factory seems to jeopardize not only the health of workers exposed, but also the health of the general public which comes into contact with asbestos released into the air due to the incorrect handling of asbestos waste. The Committee requests the Government to immediately take the necessary measures to ensure that the disposal of the asbestos-containing waste from the Salonit factory takes place in a manner that does not pose any health risk to the workers concerned and to the population in the vicinity of the factory and to indicate the measures so taken in its next report.

7. Article 21, paragraph 2. Monitoring of workers’ health. The Committee takes note of the Association’s observation that more than 200 workers of the factory have died due to pleural mesothelioma and that, in addition, the majority of the remaining workers suffer from asbestosis, pleural mesothelioma or lung cancer caused by exposure to asbestos. The Committee also notes the indication of the Association that the competent health authorities have not made sufficient efforts to identify the potentially large number of persons - including both present and former workers as well as inhabitants in the vicinity of the factory - that may have been exposed to asbestos and that may be at risk for developing asbestos-related diseases. The Committee therefore requests the Government to indicate the measures taken by the competent health authorities to regularly monitor the health of the workers of the factory. It also requests the Government to provide the statistics maintained in this respect along with its next report.

8. Article 21, paragraph 4. Efforts made to provide workers unable to pursue their work for medical reasons with other means of maintaining their income. The Committee notes the Association’s observation that 51 workers in Salonit for whom continued assignment to work involving exposure to asbestos was found to be medically inadvisable, were assigned to other work that substantially reduced their income. With reference to the requirement in this Article for the Government to make every effort, consistent with national conditions and practice, to provide workers concerned with other means of maintaining their income, the Government is requested to provide details regarding all efforts made to give effect to this provision of the Convention.

9. Article 22. Information and education of workers. The Committee takes note of the Association’s observations that no arrangements have been made for the promotion of dissemination of information and the education of the concerned workers with regard to health hazards due to exposure to asbestos and the methods of its prevention and control. The Committee recalls in this context that it had in its direct request of 2003 requested the Government to indicate whether the education and training activities set forth under sections 27-30 of the Act on Safety and Health Protection at the Workplace, 1996 are founded on the basis of written policies and procedures and if that was not the case, to take the necessary measures obliging the employer to establish written policies and procedures on measures for the education and periodic training of workers. Noting that the Government has not provided any information in this respect in its report, the Committee urges the Government to take the most expeditious action to provide the appropriate information and education to the workers concerned with regard to health hazards due to exposure to asbestos and the methods of prevention and control, and to inform the Committee on this issue in its next report.

10. Part V of the report form. Practical application of the Convention. The Committee invites the Government to continue to provide information on the practical application of the Convention. It also once again requests the Government to indicate whether the Salonit factory still produces products containing asbestos and whether any action has been taken also to protect the general public which might have been in contact with and used these products.

[The Government is asked to supply full particulars to the Conference at its 95th Session and to reply in detail to the present comments in 2006.]