Solicitud directa (CEACR) - Adopción: 2004, Publicación: 93ª reunión CIT (2005)

The Committee notes with interest the adoption of a number of new legislation in the field of safety and health at work and in particular the regulations concerning asbestos. On the grounds of the examination of the new legislation, the Committee would draw the Government’s attention to the following points.

1. Article 1, paragraph 2, of the Convention. Consultation with organizations of employers and workers. The Committee notes that section 5 of Regulation No. 33 on the protection of workers against hazards due to occupational exposure to asbestos of 23 April 2001, provides for the non-applicability of certain provisions of the Regulations in the case that the concentration of specific airborne asbestos fibres measured in a workplace does not exceed the indicated value. To the Committee’s understanding, this would represent a factual exclusion of certain activities from the scope of application of the Convention. The Committee recalls that the exclusion of particular branches of economic activity or particular undertakings from the application of certain provisions of the Convention is only possible when it is satisfied that their application to these branches or undertakings is unnecessary and, after consultation with the most representative organizations of employers and workers concerned. The Committee therefore requests the Government to indicate whether and, if so, in which manner the most representative organizations of employers and workers concerned have been consulted in this respect.

2. Article 2(b). Definition of asbestos dust. The Government is requested to indicate the legal definition of the term "asbestos dust".

3. Article 6, paragraph 3. Procedures for dealing with emergency situations. The Committee notes section 97 of Regulation No. 4280 on the requirements to ensure safety and health of workers at the workplace, 1999, requiring the employer to prepare a plan concerning the evacuation and rescue of persons in the event of exceptional cases and natural disaster. With regard to the procedures to be followed when elaborating these plans, it does not appear from this provision whether and, if so, in which manner the occupational safety and health services are involved in the preparation and, whether the workers’ representatives concerned are consulted, as provided for in Article 6, paragraph 3, of the Convention. The Committee accordingly requests the Government to provide further information on the procedures, and in particular on possible consultations to be held, when preparing the emergency plans.

4. Article 17, paragraph 3. Consultation with organizations of employers and workers on the workplan established for demolition of plants. The Committee notes the Rules of 16 July 2001 for the disposal of materials containing asbestos in the demolition, reconstruction or maintenance of buildings and in the maintenance and decommissioning of plants, which provide for rules for handling of materials as well as for security measures for workers during the removal of asbestos. It notes that, pursuant to section 28, subsection 1 in conjunction with subsection 3 of Regulation No. 33 on the protection of workers against hazards due to occupational exposure to asbestos, 2001, the employer must establish a workplan on demolition work and must submit this plan 15 days in advance of the envisaged start of demolition work to the inspector authorized, together with a request for authorization to undertake the demolition work in accordance with the regulations on environmental protection. The Committee requests the Government to indicate whether and, if so, in which manner the workers or their representative are consulted on this work plan, in accordance with Article 17, paragraph 3, of the Convention.

5. Article 18, paragraph 3. Prohibition of taking home work clothing and special protective clothing. The Committee notes section 18, subsection 2, of Regulation No. 33 on the protection of workers against hazards due to occupational exposure to asbestos, 2001, stipulating that the work or the personal protective clothing must be replaced by the employer and cleaned at the enterprise, if there are appropriate facilities or, the cleaning must be carried out by organizations which render such cleaning services. It requests the Government to indicate whether the taking home of work and special protective clothing is prohibited. If that is not the case, the Committee invites the Government to take the necessary measures to this end.

6. Article 20, paragraph 2. Keeping of records on the monitoring of the working environment and of the exposure of workers. The Committee notes that section 35, subsection 1, of Regulation No. 33 on the protection of workers against hazards due to occupational exposure to asbestos, 2001, obliges the employer to keep records of workers exposed to asbestos dust or dust of materials containing asbestos. The same provision further prescribes the elements, which must be contained in these records, i.e. the description of the type, the duration and the level of exposure. Section 35, subsection 5, of the above Regulations stipulate that the employer must keep the records for 40 years. With regard to the monitoring of the working environment, section 24, subsection 1, of Regulation No. 33 on the protection of workers against hazards due to occupational exposure to asbestos, 2001, requires the employer to provide for the measurement of airborne asbestos fibre concentration in the workplace every three months. The employer also must provide for this measurement following technical change or at the request of the workers or the workers’ representatives. As to the keeping of the records on the monitoring of the working environment, section 38 of the Health and Safety at Work Act of 1999, as amended, stipulates to keep the documentation, which is enumerated under section 39 of the Health and Safety at Work Act. The Committee notes that the keeping of records on the monitoring of the working environment does not seem to appear among the documentation to be kept pursuant to section 39. It therefore requests the Government to indicate whether the results of the monitoring of the working environment, carried out pursuant to sections 24 and 25 of Regulation No. 33 on the protection of workers against hazards due to occupational exposure to asbestos, 2001, have to be recorded and kept for a certain period of time, and if so, to indicate the period prescribed for keeping these records.

7. Article 21, paragraph 2. Monitoring of workers’ health free of charge to them. The Committee notes that section 32, subsections 1 and 3, of Regulation No. 33 on the protection of workers against hazards due to occupational exposure to asbestos, 2001, provide for medical examinations of workers prior to their employment and during their period of employment. The Committee requests the Government to indicate who is bearing the costs of the medical examination of workers. In this respect, it recalls the provision of Article 21, paragraph 2, of the Convention prescribing that the monitoring of workers’ health in connection with the use of asbestos shall not result in any loss of earnings to them.

8. Article 21, paragraph 4. Maintenance of income for workers whose health is at risk. The Committee notes section 33, subsection 1, of Regulation No. 33 on the protection of workers against hazards due to occupational exposure to asbestos, 2001, stipulating that the licensed physician may prohibit the exposure to asbestos dust for individual workers, if he has detected an immediate health risk, or, if the health of a worker has already been jeopardized. The Committee requests the Government to indicate the measures taken or envisaged in consequence of the physician’s decision, i.e. to provide the worker concerned with other means of maintaining his income.

9. Part V of the report form. Practical application. The Committee notes the data concerning occupational diseases for the period from September 1998 to the end of October 1999, which have been verified by the Interdisciplinary Group for the Verification of Occupational Diseases Caused by Exposure to Asbestos. It notes with concern that out of 346 persons examined, 340 persons have been verified as having contracted an occupational disease, and some of the persons examined have been diagnosed with multiple diseases due to their exposure to asbestos. The Committee, however, notes that the data refers to a period between September 1998 and the end of October 1999, a time where the new legislation, in particular Regulation No. 33 on the protection of workers against hazards due to occupational exposure to asbestos, was not yet in force. The Committee notes from the Government’s latest report that Regulation No. 33 have been applied since 1 January 2002, and that in 2003 two cases were reported to the Labour Inspectorate for verification with regard to possible classification as an occupational disease (asbestosis). The Committee further notes the Government’s indication that new rules are being drafted in order to harmonize national legislation with the European Directive 03/18/EC. The Committee therefore requests the Government to supply a copy of the new rules as soon as they are adopted, and to supply, with its next report, updated data, which show the extent to which the new legislation has a positive impact on the development of occupational diseases caused by asbestos.

10. The Committee notes section 65 of the Health and Safety at Work Act, 1999, as amended on 20 July 2001, enumerating the regulations that remain in force until new regulations are issued which implement the provisions of the enabling Health and Safety at Work Act, 1999. The Committee requests the Government to specify which of the regulations listed under section 65 of the Health and Safety at Work Act, 1999, are still in force.

11. The Committee notes with interest the funds that have been attributed according to sections 3 and 4 of the Act on the Prohibition of Production and Trade of Asbestos-based Products and on the Restructuring of the Asbestos Industry into Non-Asbestos (ZPPAI), as amended 1998, for the acquisition of technology and equipment for the production of non-asbestos fibre-cement products and for the restructuring of other asbestos production into non-asbestos production. The Committee requests the Government to provide, with its next report, information on the progress achieved in the transformation process towards the introduction of non-asbestos technology and the gradual termination of the asbestos production.