Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

1. The Committee notes the information contained in the Government’s report.

2. Article 3, paragraph 1, of the Convention. Measures to be taken for the protection of workers against health hazards due to occupational exposure to asbestos. The Committee notes the Government’s statement that it has not been possible to adopt any legislative text or regulations relating to the application of the Convention. It also notes that, according to the Government’s report, the labour inspection services carry out surveillance of the use of asbestos as a chemical contaminant, in accordance with the legislation in force. The Committee trusts that the Government will take all the necessary measures in due course for the adoption of laws prescribing the measures to be taken for the prevention and control of, and protection of workers against health hazards due to occupational exposure to asbestos, in accordance with Article 3 of the Convention. It expresses the firm hope that the Government will make every effort in the near future to adopt and implement the draft Regulations on the safe use of asbestos. The Committee invites the Government to receive ILO assistance through the presentation of draft legislation which can be examined in the light of the provisions of this Convention.

3. Article 3, paragraph 2. Periodic review of legislation in the light of technical progress and advances in scientific knowledge. The Committee refers once again to the fact that, at the present time, the General Act on Hygiene, Occupational Safety and Welfare (Decree No. 16998, of 2 August 1999) is the only law applicable which, however, only contains general provisions on occupational safety and health. The Committee refers to the Government’s statement in which it expressed its intention, despite the opposition of the employers concerned, to adopt the necessary measures to give full effect to the Convention. The Committee requests the Government to provide information on the progress achieved in this respect.

4. Article 7. Requirement for workers to comply with prescribed safety and hygiene procedures relating to the prevention and control of health hazards due to occupational exposure to asbestos. The Committee notes the Government’s indications concerning the resistance, and in some cases even opposition of workers to making use of appropriate clothing and equipment, which constitutes a disincentive preventing a greater number of enterprises from investing in such equipment. The Committee requests the Government to indicate the measures taken to give effect to this Article.

5. Article 10(a). Replacement of certain types of asbestos by other materials scientifically evaluated by the competent authority to be less harmful. The Committee notes that, according to the Government’s report, the biggest industry manufacturing products made from asbestos imports white asbestos, which is less carcinogenic than blue asbestos. The Committee recalls that this provision of the Convention requires that the measures taken to protect workers’ health have to be set out in the national legislation. The Committee requests the Government to indicate the provision of laws or regulations requiring the use of less carcinogenic forms of asbestos in products manufactured on the basis of asbestos.