In order to provide a comprehensive view of the issues relating to the application of ratified occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine Conventions Nos 136 (benzene), 162 (asbestos) and 167 (OSH in construction) together.

A. Protection against specific risks

1. Benzene Convention, 1971 (No. 136)

Article 2 of the Convention. Replacement of benzene or of products containing it. Further to its previous comments, the Committee notes that the Government once again refers in its report to provisions of the 1979 General Act on occupational safety, health and welfare, the 1951 Basic Regulations on industrial safety and health, the 1995 Regulations on activities involving hazardous substances, and Technical Safety Standard (NTS) 009/18 on the presentation and approval of OSH programmes. The Committee observes that these provisions do not specifically provide for the use of harmless or less harmful substitute products instead of benzene and hence do not give effect to this Article of the Convention. The Committee requests the Government to take specific measures without delay to ensure the use of harmless or less harmful substitute products, wherever available, instead of benzene or products containingbenzene.

2. Asbestos Convention, 1986 (No. 162)

Articles 3 and 4 of the Convention. Legislation and consultation. Further to its previous comments, the Committee notes that the Government once again refers to the content of OSH programmes and cites provisions of Supreme Decree No. 2936 of 2016, implementing Act No. 545 of 2014 on safety in construction. However, the Committee observes that neither the programmes nor the aforementioned legislation establish provisions relating to asbestos. The Committee notes with deep concern that the Government has still not adopted the necessary measures to bring the legislation into conformity with the requirements of Article 3 of the Convention. In this regard, the Committee recalls once again that the Resolution concerning asbestos, adopted by the 95th Session of the International Labour Conference in June 2006, stated that the elimination of the future use of asbestos and the identification and proper management of asbestos currently in place are the most effective means to protect workers from asbestos exposure and to prevent future asbestos-related diseases and deaths. The Committee strongly urges the Government to take immediate action,in accordance with Article 3 of the Convention, to ensure that the national legislation prescribes specific measures to: (i) prevent and control health hazards due to occupational exposure to asbestos; and (ii) protect workers against such risks. The Committee also strongly urges the Government to consult the most representative organizations of employers and workers concerned with regard to such measures, in accordance with Article 4 of the Convention.

Articles 9, 10, 11 and 12. Measures by law or regulation to prevent or control exposure to asbestos, including replacement or prohibition. Prohibition of the use of crocidolite and spraying. Further to its previous comments, the Committee notes that the Government also refers in general to the content of OSH programmes, which do not specifically mention asbestos. The Committee notes with concern that the Government has still not adopted the necessary measures to bring the legislation into conformity with the requirements of these Articles of the Convention. The Committee urges the Government to take the necessary measures without delay to ensure that the national legislation gives effect to Articles 9 and 10 (measures by law or regulation for prevention or control), 11 (prohibition of crocidolite) and 12 (prohibition of spraying) of the Convention.

Article 15(3). Measures to prevent or control the release of asbestos dust and to ensure compliance with exposure limits. Further to its previous comments, the Committee notes the Government’s indication that: (i) section 7(7) of NTS-008/17 on demolition work provides that appropriate measures must be taken in all demolition work to avoid the production of dust, and Raschel netting or similar must be placed at the demolition perimeter, over the whole height, and debris must be dampened before evacuation to lower levels or to the loading area; and (ii) OSH technical inspections are carried out in services and industry, including construction, either routinely or following a complaint, and if in the course of these the inspector finds working conditions which represent an imminent danger to the life or health of the workers, he/she will order work to be stopped in accordance with section 26 of the 1979 General Act on occupational safety, health and welfare, irrespective of any corresponding fines imposed on the employer. In view of the lack of information on the measures taken in this respect, the Committee requests the Government to take specific measures to ensure that exposure to asbestos is reduced to as low a level as is reasonably practicable. The Committee also requests the Government to indicate, if applicable, the specific measures taken by the labour inspectorate to ensure compliance in practice with asbestos exposure limits.

Article 15(4). Adequate respiratory protective equipment and special protective clothing. Further to its previous comments, the Committee notes the Government’s indication that Ministerial Decision No. 527/09, regulating the procedure for the supply of work clothing and personal protective equipment, provides that: (i) workers potentially exposed to occupational risks shall use appropriate work clothing, which must be the most suitable and best designed for the activity, be supplied free of charge by the employer and replaced by the latter in the event of wear and tear (section 4(I) and (VI)); (ii) when actions to eliminate or avoid hazards, undertake engineering controls or provide collective protection to minimize risks are not practicable, employers must provide their workers with personal protective equipment which must have national or other recognized certification and be replaced in the event of wear and tear (section 5(a) and (b)); and (iii) for protection of the respiratory system, respiratory protectors with filters for the type of pollutant concerned must be supplied, with renewal carried out according to a schedule or when the protectors are saturated (section 5(f)). The Committee also notes that sections 5(7) and 14(1) of NTS-008/17 provide that workers who carry out demolition work must use respiratory equipment for work that produces dust, and also use, as a minimum at all times, safety footwear and helmet, gloves and mask to protect against dust. The Committee takes note of this information, which addresses its previous request.

Article 16. Practical measures taken by the employer for the prevention and control of exposure. The Committee notes the Government’s reference, in reply to its previous comments, to the control and sanction measures adopted by the labour inspectorate with regard to OSH, but that it does not provide any information on the responsibility of each employer to establish and implement practical measures for the prevention and control of the exposure of the workers that they employ to asbestos, in accordance with Article 16.In view of the lack of information on actions taken to give effect to this Article of the Convention, the Committee requests the Government to take specific measures to ensure that employers are made responsible for the establishment and implementation of practical measures for the prevention and control of the exposure to asbestos of the workers they employ and for their protection against the hazards due to asbestos.

Article 17(1) and (3). Demolition of plants or structures containing asbestos, and removal of asbestos by employers or qualified contractors. Drawing up of a work plan in consultation with the workers or their representatives. The Committee notes the Government’s indication, in reply to its previous comments, that section 6 of Ministerial Decision No. 437/22 of 2022, approving regulations for the designation of coordinators and the setting up of joint committees on occupational health, safety and welfare, establishes the conditions for the appointment of a coordinator or OSH joint committee and section 4 provides that both must ensure compliance with the preventive measures implemented by the enterprise or establishment in strict adherence to the OSH regulations in force. However, the Committee notes that neither these nor the other provisions of the above-mentioned regulations give effect to Article 17(1) and (3) of the Convention and that no information has been received on any action taken by the Government in this respect. The Committee strongly urges the Government to take specific legislative or other measures without delay to ensure that: (i) demolition work and the removal of asbestos provided for under Article 17(1) of the Convention can only be undertaken by employers or contractors who are recognized by the competent authority as qualified to carry out such work (Article 17(1)); and (ii) the workers or their representatives are consulted on the work plan to be drawn up by the employers or contractors (Article 17(3)).

Article 20(2), (3) and (4). Keeping records of the monitoring of the working environment. Access to such records. Right to request the monitoring of the working environment. Further to its previous comments, the Committee notes the Government’s indication that OSH programmes, which include health studies and monitoring, must be updated periodically and have the prior approval of the coordinator or OSH joint committee for them to be presented, which shows that the latter are aware of their technical content. However, the Committee notes that this information does not give any evidence of the application of this Article of the Convention, which refers to records of the monitoring of the working environment and the right of workers to access and request such monitoring. The Committee strongly urges the Government to take specific legislative or other measures without delay to ensure that: (i) the records of the monitoring of the working environment and of the exposure of workers to asbestos are kept for a period prescribed by the competent authority (Article 20(2)); (ii) the workers concerned, their representatives and the inspection services have access to these records (Article 20(3)); and (iii) the workers or their representatives have the right to request the monitoring of the working environment and to appeal to the competent authority concerning the results of the monitoring (Article 20(4)).

Article 21(3) and (4). Information on medical examinations. Other means of maintaining income when assignment to work involving exposure to asbestos is inadvisable. Further to its previous comments, the Committee notes the Government’s reference to the contractor’s obligation to cover the cost of medical examinations and ensure that workers undergo medical examinations according to the risks to which they are exposed in their work. The Committee observes that this information relates to the provisions of Article 21(1) and (2) but also notes the lack of information on the application of Article 21(3) and (4) of the Convention. The Committee requests the Government to adopt specific measures without delay to ensure that: (i) workers are informed in an adequate and appropriate manner of the results of their medical examinations and receive individual advice concerning their health in relation to their work (Article 21(3)); and (ii) when continued assignment to work involving exposure to asbestos is found to be medically inadvisable, every effort is made, consistent with national conditions and practice, to provide the workers concerned with other means of maintaining their income (Article 21(4)).

B. Protection in specific branches of activity

Safety and Health in Construction Convention, 1988 (No. 167)

Article 12(2) of the Convention. Obligation of the employer to take immediate steps to stop the operation and evacuate workers. The Committee notes that the Government, in reply to its previous comments, cites provisions of Supreme Decree No. 2936, implementing Act No. 545 on safety in construction, and of NTS-009/18, establishing obligations for employers and contractors in emergency situations. However, the Committee observes that these provisions do not impose a specific obligation to stop the operation and evacuate workers where there is an imminent and serious danger to their safety. The Committee requests the Government to adopt the necessary legislative or other measures to ensure that employers are specifically obliged to take immediate steps to stop the operation and evacuate workers as appropriate, where there is an imminent and serious danger to their safety.

The Committee is raising other matters in a request addressed directly to the Government.

[The Government is asked to reply in full to the present comments in 2024.]

Observation (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Convention (n° 136) sur le benzène, 1971 (Ratification: 1977)Convention (n° 162) sur l'amiante, 1986 (Ratification: 1990)Convention (n° 167) sur la sécurité et la santé dans la construction, 1988 (Ratification: 2015)

Autre commentaire sur C136

Observation

Demande directe

Other comments on C162

Observation

Demande directe

Other comments on C167

Observation

Demande directe

A. Protection against specific risks

1. Benzene Convention, 1971 (No. 136)

2. Asbestos Convention, 1986 (No. 162)

B. Protection in specific branches of activity

Safety and Health in Construction Convention, 1988 (No. 167)

Convention (n° 136) sur le benzène, 1971 (Ratification: 1977)
Convention (n° 162) sur l'amiante, 1986 (Ratification: 1990)
Convention (n° 167) sur la sécurité et la santé dans la construction, 1988 (Ratification: 2015)