Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

The Committee notes the information in the Government’s latest report, including recent legislation adopted during the reporting period. The Committee notes, in particular, the Ordinance of 18 May 2005; the Directive on Asbestos (CFST, No. 6503); and the Ordinance of 29 June 2005, which give further effect to the provisions of the Convention. Furthermore, the Government notes the observations by the Swiss Trade Union (USS) referring to recent legislative amendments to sections 38(3) and 44(1) of the Ordinance on the prevention of accidents and occupational diseases (832.30), which provide further protection to workers exposed to asbestos; and sections 3(1) and (2) and 60 to 60(c) of the Ordinance on safety and protection of health of workers in the construction sector (832.311.141), which provide further measures to regulate the exposure of asbestos in the course of work. The Committee also notes the online reference in the Government’s report to the Directive on the average exposure limits concerning asbestos. The Committee asks the Government to continue to provide information on legislative measures undertaken with regard to the Convention.

Article 6, paragraph 3, of the Convention. Establishment of procedures for emergency situations. The Committee notes the information provided in the Government’s report on the recent update of Directive No. 6503 on asbestos. The Committee notes that the Government has not indicated how the general provisions of Directive No. 6508, 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. The Committee reiterates its request that the Government provide specific information on how the provisions of Directive No. 6508, requiring all enterprises to have in place procedures for dealing with emergency situations, are applied as regards enterprises engaged in cleaning work on premises incorporating loosely compacted asbestos.

Article 20, paragraph 2. Records of the monitoring of the working environment and of the exposure of workers to asbestos shall be kept for a period prescribed by the competent authority. The Committee notes the information provided by the Government in a previous report on a recommendation, by the ad hoc committee for the application of the legislation on accident insurance, to keep records of the monitoring of the working environment and of the exposure of workers to asbestos for 30 years. The Committee refers the Government to the provisions of Article 20(2), which state that such records shall be kept for a period prescribed by the competent authority. The Committee reiterates its request that the Government provide information on measures prescribed by the competent authority to ensure that records of the monitoring of the working environment, and monitoring of the exposure of workers to asbestos, are kept.

Article 20, paragraph 3. Access to records of the monitoring of the working environment and of the exposure of workers to asbestos. The Committee notes that the Government has previously provided information on the rights of inspection services, pursuant to section 81 of the Ordinance on the prevention of accidents (OPA), to access relevant records of monitoring of the working environment; and the right of workers, pursuant to section 8 of the federal law on the protection of personal data (LPD), to access information concerning them. The Committee notes, however, that the Government has not provided information on the rights of workers’ representatives to access this information. The Committee reiterates its request that the Government provide further information on measures undertaken or envisaged to ensure that workers’ representatives have full access to relevant records of monitoring of the working environment.