Solicitud directa (CEACR) - Adopción: 2009, Publicación: 99ª reunión CIT (2010)

Article 2. Definitions. The Committee notes the information provided by the Government indicating the definitions of an employee and an employees’ representative. The Committee asks the Government to provide further information on measures which provide definitions, in law and practice, of the terms in Article 2 of the Convention.

Article 6, paragraph 3. Procedures for dealing with emergency situations. The Committee notes the information indicating that section 15 of the Occupational Safety and Health Law requires employers to provide first aid, and to train an adequate number of employees on how to administer first aid and perform rescue and evacuation in cases of emergency. The Committee asks the Government to provide further information on the specific procedures required for dealing with emergency situations, with regard to asbestos, and to specify measures ensuring that such procedures are prepared after consultation with the workers’ representatives.

Article 7. Duty of workers to comply with prescribed health and safety measures. The Committee notes the information indicating that under section 7 of the Rulebook on Preventive Measures for Safe and Healthy Work at the Workplace, employers and workers, and/or their representatives for health and safety at work, must cooperate with regard to all issues related to health and safety at the workplace. The Committee asks the Government to provide measures ensuring that workers are required to comply with prescribed safety and hygiene procedures relating to the prevention and control of, and protection against, health hazards due to occupational exposure to asbestos.

Articles 11, 12 and 13. Prohibitions against the use of asbestos, and notification of certain types of work involving exposure to asbestos. The Committee notes the information provided by the Government indicating that there is no provision allowing derogations to the rule on prohibiting the use of crocidolite. The Committee asks the Government to confirm that the use of crocidolite and products containing this fibre are prohibited, to take measures, in law and in practice, to ensure that the spraying of all forms of asbestos is prohibited; and to indicate whether employers are required to notify, to the competent authority, certain types of work involving exposure to asbestos.

Article 15, paragraphs 1–3. Limits for the exposure of workers to asbestos. The Committee notes the information provided by the Government indicating the limits for exposure to asbestos as required under the Yugoslav Standard SRPS Z.B0.001 (1991). The Committee asks the Government to provide information on the measures for the periodical review and update of exposure limits in light of technological progress, and to indicate measures ensuring that in all workplaces where workers are exposed to asbestos, employers take all appropriate measures to prevent, or control, the release of asbestos dust in the air, and that employers comply with the prescribed exposure limits.

Article 20, paragraphs 2–4. Keeping of records on the monitoring of the working environment and of the exposure of workers, and providing workers and their representatives access to these records, and the right to request such monitoring. The Committee notes the information indicating that the employer is required to maintain records, and that workers may have access to these records. The Committee asks the Government to indicate the specific measures requiring employers to keep records of the work environment monitoring, and the period for which such records should be kept, to indicate the specific measures allowing workers concerned, their representatives, and inspection services, access to these records, and measures allowing workers, or their representatives, the right to request such monitoring and to appeal concerning the results.

Article 21. Medical examinations after termination of employment, and maintenance of income for workers whose health is at risk. The Committee notes the information provided by the Government indicating the requirement of initial and periodic medical examinations for workers exposed to asbestos. The Committee asks the Government to provide further information on whether workers are informed of the results of their medical examinations and receive individual advice concerning their health in relation to their work; to indicate whether workers are required to undergo medical examinations after the termination of their employment in work exposing them to asbestos; and to indicate measures undertaken to maintain the income of workers who have been medically advised against continued assignment to work involving exposure to asbestos. The Committee also asks the Government to develop a system of notification of occupational disease caused by asbestos.

Articles 3, 9, 10, 14, 16, 17, 18, 19 and 22, paragraphs 1 and 2. The Committee notes that the information available in the Government’s reports regarding the effect given to the abovementioned Articles of the Convention included information on general measures related to occupational safety and health and did not include information on measures taken to regulate the subject matter specifically concerning asbestos in these Articles. The Committee asks the Government to provide further information on the measures taken, in law and in practice, to ensure full effect is given to the abovementioned Articles.

Part V of the report form. Application in practice. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in the country attaching extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the legislation, the number and nature of the contraventions reported, the number of occupational diseases reported as being caused by asbestos, etc.