Asbestos Convention, 1986 (No. 162) - Cameroon (RATIFICATION: 1989)

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In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on Occupational Safety and Health (OSH), the Committee considers it appropriate to examine Conventions Nos 13 (white lead), 45 (Underground work (women)) and 162 (asbestos) together. The Committee notes the observations of the Trade Union Confederation of Workers of Cameroun (CSTC) concerning the applications of Conventions Nos 13, 45 and 162, received on 31 August 2022, and the Government’s reply thereto, received 15 November 2022.

A.Protection against specific hazards

White Lead (Painting) Convention, 1921 (No. 13)

Articles 1 and 5 of the Convention. Prohibition and regulation of the use of white lead and sulphate of lead. Further to its previous comments, the Committee notes with interest the adoption of Order No. 004/MINEPDED/CAB of 23 September 2017, amending and supplementing the list of chemical substances contained in Order No. 2011/2585/PM of 23 August 2011, which prohibits the importation and marketing of products and/or chemical substances composed of lead (production of paint containing a lead concentration greater than 90 ppm). The Committee notes this information which responds to its previous request.

Articles 5, Part III(a), and 7. Notification of cases of lead poisoning and statistics on morbidity and mortality. The Committee notes that, in response to its previous request, the Government indicates in its report, with a view to ensuring that suspected cases of lead poisoning are declared by employers, that it has classified the diseases caused by lead and its compounds under compensable occupational diseases, in conformity with Order No. 051/MINTSS/SG/DSST of 6 October 2009, establishing the list of tables of compensable occupational diseases. The Government further indicates that no case of lead poisoning has been recorded during the period covered by the report.

The Committee notes the CSTC’s observations to the effect that employers’ declarations of suspected cases of lead poisoning are almost non-existent, in spite of recognized trade involving the importation into Cameroun of paints that do not conform to European standards. The Committee notes the Government’s reply that it will undertake investigations on this matter. The Government also indicates that all employers who use products at work that may cause occupational diseases are required to notify the labour inspectorate, by registered letter, prior to the undertaking of works, and that failure to comply will result in a fine. The Committee requests the Government to strengthen its efforts to ensure that employers declare suspected cases of lead poisoning. It requests the Government to supply information on the measures taken in that connection and to continue to provide all information available on the application of the Convention in practice, including any recorded cases of lead poisoning.

Asbestos Convention, 1989 (No. 162)

Articles 3(1), 10 and 11 of the Convention. Total or partial prohibition of the use of asbestos. The Committee notes that under annex B1 of Order No. 004/MINEPDED/CAB of 23 September 2017 amending and supplementing the list of chemical substances contained in Decree No. 2011/2585/PM of 23 August 2011, asbestos (including crocidolite) is included in the list of substances subject to prior authorization from the Office for the Environment for production, importation, transit and circulation. The Committee requests the Government to provide fuller information on the application in practice of Order No. 004/MINEPDED/CAB of 23 September 2017, concerning asbestos, indicating whether the Office for the Environment has already issued authorizations allowing the production, importation, transit and circulation of asbestos.

Article 4. Consultation of employers’ and workers’ representative organizations. The Committee requests the Government to indicate whether the employers’ and workers’ representative organizations have been consulted on measures to give effect to the provisions of Convention No. 162 including, as appropriate, on the results of the consultations.

Article 5. Labour inspection. The Committee notes, in response to its previous request concerning the training of inspectors on asbestos-related issues, that the Government indicates a preference to request technical assistance to ensure training for labour inspectors. It further notes the adoption of Order No. 000196/MINTSS of 4 February 2020, establishing the minimum content of labour inspectors’ training in occupational safety and health, which provides that labour inspectors shall receive training in occupational safety and health, including obligatory training on occupational hazards and their management (sections 2 and 3 of the Order). With reference to its comments in respect of the Labour Inspection Convention, 1947 (No 81), the Committee notes the Government’s request for the Office’s technical assistance and hopes that this technical assistance will be provided soon. It requests the Government to provide information on all measures taken to ensure labour inspectors receive appropriate training enabling them to carry out effective inspections in respect of asbestos.

Article 6(1) and (2). Responsibilities of employers and cooperation between two or more employers. The Committee notes the employers’ general obligations, provided by Order No. 39/MTPS/IMT of 26 November 1984 establishing general safety and health measures in workplaces. Section 2(1) of that Order provides that employers are directly responsible for the application of all prevention and safety and health measures aimed at protecting the health of the workers in their employment. Section 2(2) provides that, where several employers employ workers simultaneously in the same workplace, they must take steps to ensure effective protection as possible for all workers, but that each employer nevertheless remains responsible for the injuries arising out of his or her activities. With reference to its observation, the Committee requests the Government to provide information on the prescribed safety measures for which employers are responsible for activities exposing workers to asbestos.

Article 7 and 8. Obligation of workers to comply with prescribed safety and hygiene procedures and cooperation within the enterprise. The Committee notes the provisions of Order No. 39/MTPS/IMT of 26 November 1984, establishing the general safety and health measures for workplaces, and concerning the workers’ duty to respect safety measures and cooperate at the workplace. Section 7 of that Order provides that any worker shall comply with the legal and regulatory provisions regarding safety and hygiene at the workplace, with the instructions of the director of the enterprise and with the provisions of the working regulations. Section8 of that Order provides for the establishment of hygiene and safety committees in establishments. The Committee notes this information which responds to its previous request.

B.Protection in specific branches of activity

Underground Work (Women) Convention, 1935 (No. 45)

The Committee notes the observations of the CSTC concerning safety issues in the mining sector. In particular, the CSTC draws attention to the number of cases of engulfment by landslide of informal sector workers, who tend frequently to set up particularly dangerous artisanal exploitations in zones that have already been worked by industrial enterprises, thus undertaking a highly hazardous activity. The Committee notes the Government’s reply that it is taking measures to apply the Mining Code, including through awareness raising campaigns on hazards in mining.

The Committee recalls that at its 334th Session (October-November 2018), the Governing Body of the ILO decided, on the recommendation of the Standards Review Mechanism Tripartite Working Group, to classify Convention No. 45 as an outdated standard, and to place on the agenda of the 112th Session (2024) of the International Labour Conference an item concerning the abrogation of the Convention. The Governing Body also requested the Office to ensure follow-up for Member States currently bound by Convention No. 45 to promote ratification of up-to-date occupational safety and health instruments, in particular the Safety and Health in Mines Convention, 1995 (No. 176), and to launch a campaign to promote ratification of that Convention. The Committeeencourages the Government to give effect to the decision taken at the 334th Session of the Governing Body (October-November 2018) approving the recommendations of the Standards Review Mechanism Tripartite Working Group, and to consider ratification of more up-to-date instruments in this area. The Committee takes this opportunity to remind the Government that the 110th Session of the International Labour Conference (June 2022) included a safe and healthy working environment in the ILO’s framework of fundamental principles and rights at work, thus amending the ILO Declaration on Fundamental Principles and Rights at Work (1998). The Committee draws the Government’s attention to the possibility of availing itself of ILO technical assistance with a view to bringing both the applicable law and practice into conformity with the fundamental Conventions on occupational safety and health and thus promote the ratification and effective application of those instruments.

[The Government is asked to reply in full to the present comments in 2025.]

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Articles 6(3), 9 and 12 to 22 of the Convention. Application of the Convention in law and in practice. Further to its previous comments, the Committee notes the absence of information on specific legal or practical measures aimed at the prevention and control of health hazards related to asbestos and at giving effect to a certain number of Articles of the Convention, that is, Articles 6(3), 9, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, and 22. The Committee urges the Government to take steps to adopt specific laws and regulations expressly aimed at the prevention and control of, and protection of workers against, health hazards due to occupational exposure to asbestos. It requests the Government to provide information on the steps taken in this connection, in particular with respect to the application of Articles 6(3) (preparation of procedures for dealing with emergency situations), 9 (adequate work practices, special rules and procedures), 12 (spraying of asbestos), 13 (notifying the competent authority of certain types of work involving exposure to asbestos), 14 (responsibility of producers and suppliers of asbestos and of makers and suppliers of products containing asbestos), 15 (limits for the exposure of workers to asbestos), 16 (practical measures for the prevention and control of the exposure of workers to asbestos), 17 (demolition work), 18 (special protective clothing, personal protective equipment and washing facilities), 19 (responsibility of the employer for the disposal of waste containing asbestos), 20 (workplace monitoring), 21 (monitoring of workers’ health) and 22 (measures for education and training).

[The Government is asked to reply in full to the present comments in 2025.]

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The Committee notes the observations of the General Union of Workers of Cameroon (UGTC), received on 25 September 2015. The Committee requests the Government to provide its comments in this regard.

Legislation. Technical assistance. The Committee notes that, in its report, the Government reiterates the information provided in 2013 on the laws, regulations, collective agreements and other documents, which, in its view, give effect to most of the Articles of the Convention. It also notes the Government’s indication that, although there is no specific text on asbestos, section 45 of Act No. 96/06 of 18 January 1996 issuing the Constitution of the Republic of Cameroon, provides that ratified international treaties and agreements take precedence over national laws. In this respect, the Committee recalls that most of the provisions of Convention No. 162 are not directly applicable and require States that ratify it to take the necessary measures to bring their national law and practice into conformity with the Convention. The Committee also notes the Government’s indication that it would be useful to receive technical assistance to strengthen the capacities of its staff with regard to asbestos and the application of the Convention. The Committee once again requests the Government to take the necessary steps to adopt legislation that gives full effect to the Convention. It also hopes that the Office will provide technical assistance, as requested by the Government.

Article 5 of the Convention. Labour inspection. The Committee notes the Government’s indication that the labour inspection system is general in nature and that the inspection services carry out controls and issue compliance orders and violation reports in all regions of the country. However, referring to its previous comments, the Committee notes that no information has been provided on labour inspection on asbestos, particularly in terms of the training of labour inspectors in this area. The Committee therefore once again requests the Government to take the necessary measures so that labour inspectors receive suitable training that enables them to conduct efficient inspections with regard to asbestos, and to provide information on any progress made in this respect.

Application in practice. Referring to its previous comments, the Committee notes the Government’s indication that it has no information on the application of the Convention or statistics, due to the lack of training of labour inspectors and doctors on asbestos-related issues. It also notes that the Government has not provided the requested information on the role of safety and health committees in relation to the application of the Convention. The Committee requests the Government to take the necessary measures to ensure that it will soon be able to provide up-to-date information on the application in practice of the Convention, including relevant statistical information. It also once again requests the Government to provide information on the role of the safety and health committees in relation to the application of the Convention.

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The Committee notes the Government’s reports received on 1 September 2012 and 11 September 2013, and the observations of 20 September 2013 by the General Union of Workers of Cameroon (UGTC).

Legislation. Technical assistance. The Committee notes the lists of laws, regulations, collective agreements and other documents supplied in the Government’s report. It observes, however, that the legislation does not appear to give effect to the provisions of the Convention and that, according to the Government, there are no texts relating specifically to asbestos. It also notes that, according to the 2012 report, following the amendment of the Labour Code, occupational safety and health measures will incorporate asbestos-related hazards and that a text issued by the Ministry of Labour and Social Security will establish procedures for implementation, following consultation with the social partners. Lastly, the Committee notes the information that various forms of support from the Office will be essential to enable the Government to set up a specific framework to give effect to the provisions of the Convention. The request for technical assistance has the support of the UGTC. The Committee urges the Government to take the necessary steps to adopt laws and regulations that give full effect to the Convention. It accordingly invites the Government to submit an official request for technical assistance to the Office. It asks the Government to provide information on progress made in this regard.

Article 5. Labour inspection. The Committee notes that, according to the Government, labour inspectors receive basic training which is general in nature and they have not as yet received specific training on asbestos. It further notes that, according to the UGTC, labour inspectors are neither trained nor equipped in this regard. The Committee requests the Government to take the necessary steps to ensure that inspectors receive suitable training to enable them to conduct effective inspections in this area.

Part V of the report form. Application in practice. In response to the communications of the UGTC in 2005 emphasizing that, although asbestos is not produced in the country, it has been used in the construction of firewalls in certain buildings and that there is a general lack of awareness among workers of the related dangers, the Government refers to the lack of training of labour inspectors, the lack of relevant statistics and the fact that the National Labour Observatory has not as yet been equipped to manage information of this kind. The union indicates that, for all these reasons, a problem of this kind could well have escaped the Government’s notice. The report adds that the Government has focused on the establishment of safety and health committees in all high-risk enterprises, so that they have in-house bodies responsible for safety in general and for the safety of workers. The Committee hopes that the Government will shortly be in a position to provide up-to-date information on the application of the Convention in practice, including relevant statistical information. It also asks the Government to supply further information on the role of the safety and health committees in relation to application of the Convention.

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The Committee notes that the Government does not contain any new information on legislation adopted to implement the Convention and that the Government reiterates its request for technical assistance from the Office in the development of legislation to give effect to the provisions of this Convention. The Committee also notes that the Order No. 051 on diseases caused by exposure to asbestos adopted on 22 September 2009, has not been made available. The Committee urges the Government to take all required measures to ensure a full application of the Convention, including requesting technical assistance from the Office for the development of the required legislation. The Committee also requests the Government to submit copies of all existing relevant legislation.

Part V of the report form. Application in practice. The Committee notes that, although reference is made to the fact that inspectors ensure control over hazardous and corrosive substances and that relevant statistical and other data will be collected by the National Labour Observatory (ONT), no such information was included in the report. With reference to its previous comments the Committee again refers to the communications of the General Confederation of Labour–Liberty of Cameroon (CGT–Liberté), transmitted to the Government on 8 November 2005, indicating that, while asbestos is not produced in the country, it has been used to create firewalls in certain buildings and there is a general lack of awareness of the dangers related thereto. The Committee asks the Government to respond to the communication by the CGT–Liberté and to give a general appreciation of the manner in which the Convention is applied in the country, and to attach 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, and the number, nature and cause of accidents and occupational diseases reported.

[The Government is asked to report in detail in 2013.]

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The Committee notes with interest the information provided by the Government in its brief report indicating that Order No. 051 on diseases caused by exposure to asbestos was adopted on 22 September 2009. The Committee also notes that the Government has yet again not responded to its previous comments or to the communications by the General Confederation of Labour–Liberty of Cameroon (CGT–Liberté), transmitted to the Government on 8 November 2005. The Committee further notes that the Government has reiterated its interest for technical assistance from the ILO to ensure application of this Convention. Noting that effect does not appear to have been given to the majority of the provisions of the Convention, the Committee invites the Government to make a formal request to the Office for technical assistance in the development of legislation to give effect to the provisions of this Convention, and regarding the reporting obligations associated with ratification of ILO Conventions. The Committee also asks the Government to provide a detailed report on the application of each provision of this Convention, in law and in practice, and to include a copy of the abovementioned Order No. 051.

Part V of the report form. Application in practice. The Committee notes that the CGT–Liberté has indicated that, while asbestos is not produced in the country, it has been used to create firewalls in certain buildings and there is a general lack of awareness of the dangers related thereto. The Committee asks the Government to give a general appreciation of the manner in which the Convention is applied in the country, and to attach 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, and the number, nature and cause of accidents and occupational diseases reported.

[The Government is asked to report in detail in 2012.]

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1. The Committee notes that, although the Government’s report has not been received, the Government has transmitted observations of the General Union of Cameroon Workers in which the trade union notes that, although asbestos was not produced in the country, asbestos had been used to create firewalls in certain buildings and there was a general unawareness of the dangers related thereto.

2. The Committee urges the Government to respond to its previous comments and to the new observations from the General Union of Cameroon Workers and invites the Government to follow up on its request for technical assistance from the ILO on measures to take to ensure application of the Convention in the country. In the meantime, the Committee must repeat its previous comments, which read as follows:

1. The Committee notes the information contained in the Government’s report. It notes in particular that the Government has just requested assistance of various kinds from the ILO so that it can ensure that the Convention is applied. The Committee also notes the observations of the General Confederation of Labour-Liberté (CGT-Liberté) on the amendment of the schedule of occupational diseases.

2. The Committee notes the Government’s indication that it is experiencing difficulties in applying the Convention, in particular owing to the low level of economic development. The Committee notes, however, that the report contains no information in response to the matters raised by the Committee concerning the application of the Convention. It is therefore bound once again to draw the Government’s attention to the subjects for which, in accordance with Article 3, paragraph 1, of the Convention, national laws and regulations must prescribe measures to give effect to the Convention:

–        employers’ responsibility for compliance with the prescribed measures (Article 6, paragraph 1);

–        adoption by the competent authority of general procedures for cooperation between employers undertaking activities simultaneously at one workplace (Article 6, paragraph 2);

–        preparation by employers, in cooperation with the occupational safety and health services, of procedures for dealing with emergency situations (Article 6, paragraph 3);

–        compliance by workers, within the limits of their responsibility, with prescribed safety and hygiene procedures (Article 7);

–        close cooperation between employers and workers or their representatives in applying the measures prescribed (Article 8);

–        prevention or control of exposure to asbestos by subjecting work in which exposure to asbestos may occur to adequate engineering controls and work practices (Article 9(a));

–        adoption of special rules and procedures, including authorization, for the use of asbestos (Article 9(b));

–        replacement of asbestos or of certain types of asbestos or products containing asbestos by other materials or products or the use of alternative technology, scientifically evaluated as harmless or less harmful, whenever this is possible (Article 10(a));

–        total or partial prohibition of the use of asbestos or of certain types of asbestos or products containing asbestos in certain work processes (Article 10(b));

–        prohibition of the use of crocidolite or products containing this fibre (Article 11, paragraph 1);

–        prohibition of the spraying of asbestos (Article 12, paragraph 1);

–        notification of work involving exposure to asbestos (Article 13);

–        adequate labelling of containers and products containing asbestos (Article 14);

–        determination by the competent authority of limits for the exposure of workers to asbestos (Article 15, paragraph 1);

–        periodical review of exposure limits in the light of technological progress and advances in technological and scientific knowledge (Article 15, paragraph 2);

–        adoption of appropriate measures to prevent or control the release of asbestos dust into the air, to ensure that the exposure limits or other exposure criteria are complied with (Article 15, paragraph 3);

–        provision by the employer of adequate respiratory protective equipment and special protective clothing where collective technical prevention measures are inadequate (Article 15, paragraph 4);

–        adoption of practical measures by the employer for the prevention and control of the exposure of workers to asbestos and for their protection against hazards due to asbestos (Article 16);

–        demolition of plants or structures containing friable asbestos materials solely by employers and contractors who are recognized as qualified by the competent authority (Article 17, paragraph 1);

–        preparation by the employer or contractor of a work plan specifying the measures to be taken before starting demolition work (Article 17, paragraph 2);

–        consultation of workers or their representatives on the demolition work plan (Article 17, paragraph 3);

–        provision of appropriate work clothing, not to be worn outside the workplace, where workers’ personal clothing may become contaminated (Article 18, paragraph 1);

–        cleaning of work clothing and special protective clothing carried out under controlled conditions to prevent the release of asbestos dust (Article 18, paragraph 2);

–        prohibition of the taking home of work clothing and special protective clothing and of personal protective equipment (Article 18, paragraph 3);

–        provision of facilities for workers exposed to asbestos to wash, take a bath or shower at the workplace (Article 18, paragraph 5);

–        disposal of waste containing asbestos in a manner that does not pose a health risk to the workers concerned or to the population in the vicinity of the enterprise (Article 19, paragraph 1);

–        adoption by the competent authority and employers of appropriate measures to prevent pollution of the general environment by asbestos dust released from the workplace (Article 19, paragraph 2);

–        measurement by the employer of concentrations of airborne asbestos dust in workplaces (Article 20, paragraph 1);

–        determination of a period during which records of the monitoring of the working environment and of the exposure of workers to asbestos must be kept (Article 20, paragraph 2);

–        access to the above records for workers (Article 20, paragraph 3);

–        right of workers to request the monitoring of the working environment and to appeal to the competent authority concerning the results of the monitoring (Article 20, paragraph 4);

–        medical examination of workers (Article 21, paragraph 1);

–        monitoring of workers’ health to be free of charge (Article 21, paragraph 2);

–        workers to be informed of the results of their medical examinations and to receive individual advice concerning their health in relation to their work (Article 21, paragraph 3);

–        means of maintaining their income to be given to workers unable, for medical reasons, to continue to do work involving exposure to asbestos (Article 21, paragraph 4);

–        development by the competent authority of a system of notification of occupational diseases caused by asbestos (Article 21, paragraph 5);

–        dissemination of information and the education of all concerned regarding health hazards due to exposure to asbestos (Article 22, paragraph 1);

–        establishment by employers of written policies and procedures on measures for the education and periodic training of workers on asbestos hazards (Article 22, paragraph 2); and

–        information and instruction of workers by employers regarding health hazards related to their work and preventive measures and correct work practices (Article 22, paragraph 3).

3. The Committee hopes that the most representative organizations of employers and workers concerned will be consulted, in accordance with Article 4 of the Convention, when the necessary measures are taken to give effect to the Convention, and that the enforcement of the laws and regulations adopted as a result will be secured by an adequate and appropriate system of inspection, in accordance with Article 5 of the Convention. Furthermore, in the interests of proper application of the Convention, the Committee wishes to remind the Government that Article 2 of the Convention defines the terms “asbestos”, “asbestos dust”, “airborne asbestos dust”, “respirable asbestos fibres” and “exposure to asbestos”, and the terms “workers” and “workers’ representatives”, and that it would be advisable to include these definitions in the national legislation.

4. The Committee also notes section 96 of the Labour Code under which, where working conditions not covered by the orders provided for in section 95 of the Labour Code are deemed to be dangerous for the safety and health of workers, the labour inspector or the works’ medical inspector shall report the said conditions to the National Occupational Safety and Health Commission with a view to appropriate regulations being prepared if necessary. The Committee asks the Government to indicate whether any labour inspectors or works’ medical inspectors have initiated such a process in connection with hazards related to exposure to asbestos and, if so, to provide information on any resulting legal texts.

5. Article 19. Disposal of waste. In earlier comments the Committee asked the Government to provide copies of any decrees adopted pursuant to section 3 of Act No. 89/027 of 29 December 1989 on toxic and hazardous wastes, which provides that arrangements for the elimination of such wastes are to be set by decree. It hopes that the Government will send copies of any such decrees with its next report.

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1. The Committee notes the information supplied by the Government in its report. It notes in particular that the Government has just requested assistance of various kinds from the ILO so that it can ensure that the Convention is applied. The Committee also notes the observations of the General Confederation of Labour-Liberté (CGT-Liberté) on the amendment of the schedule of occupational diseases.

2. The Committee notes the Government’s indication that it is experiencing difficulties in applying the Convention, in particular owing to the low level of economic development. The Committee notes, however, that the report contains no information in response to the matters raised by the Committee concerning the application of the Convention. It is therefore bound once again to draw the Government’s attention to the subjects for which, in accordance with Article 3, paragraph 1, of the Convention, national laws and regulations must prescribe measures to give effect to the Convention:

-  employers’ responsibility for compliance with the prescribed measures (Article 6, paragraph 1);

-  adoption by the competent authority of general procedures for cooperation between employers undertaking activities simultaneously at one workplace (Article 6, paragraph 2);

-  preparation by employers, in cooperation with the occupational safety and health services, of procedures for dealing with emergency situations (Article 6, paragraph 3);

-  compliance by workers, within the limits of their responsibility, with prescribed safety and hygiene procedures (Article 7);

-  close cooperation between employers and workers or their representatives in applying the measures prescribed (Article 8);

-  prevention or control of exposure to asbestos by subjecting work in which exposure to asbestos may occur to adequate engineering controls and work practices (Article 9(a));

-  adoption of special rules and procedures, including authorization, for the use of asbestos (Article 9(b));

-  replacement of asbestos or of certain types of asbestos or products containing asbestos by other materials or products or the use of alternative technology, scientifically evaluated as harmless or less harmful, whenever this is possible (Article 10(a));

-  total or partial prohibition of the use of asbestos or of certain types of asbestos or products containing asbestos in certain work processes (Article 10(b));

-  prohibition of the use of crocidolite or products containing this fibre (Article 11, paragraph 1);

-  prohibition of the spraying of asbestos (Article 12, paragraph 1);

-  notification of work involving exposure to asbestos (Article 13);

-  adequate labelling of containers and products containing asbestos (Article 14);

-  determination by the competent authority of limits for the exposure of workers to asbestos (Article 15, paragraph 1);

-  periodical review of exposure limits in the light of technological progress and advances in technological and scientific knowledge (Article 15, paragraph 2);

-  adoption of appropriate measures to prevent or control the release of asbestos dust into the air, to ensure that the exposure limits or other exposure criteria are complied with (Article 15, paragraph 3);

-  provision by the employer of adequate respiratory protective equipment and special protective clothing where collective technical prevention measures are inadequate (Article 15, paragraph 4);

-  adoption of practical measures by the employer for the prevention and control of the exposure of workers to asbestos and for their protection against hazards due to asbestos (Article 16);

-  demolition of plants or structures containing friable asbestos materials solely by employers and contractors who are recognized as qualified by the competent authority (Article 17, paragraph 1);

-  preparation by the employer or contractor of a work plan specifying the measures to be taken before starting demolition work (Article 17, paragraph 2);

-  consultation of workers or their representatives on the demolition work plan (Article 17, paragraph 3);

-  provision of appropriate work clothing, not to be worn outside the workplace, where workers’ personal clothing may become contaminated (Article 18, paragraph 1);

-  cleaning of work clothing and special protective clothing carried out under controlled conditions to prevent the release of asbestos dust (Article 18, paragraph 2);

-  prohibition of the taking home of work clothing and special protective clothing and of personal protective equipment (Article 18, paragraph 3);

-  provision of facilities for workers exposed to asbestos to wash, take a bath or shower at the workplace (Article 18, paragraph 5);

-  disposal of waste containing asbestos in a manner that does not pose a health risk to the workers concerned or to the population in the vicinity of the enterprise (Article 19, paragraph 1);

-  adoption by the competent authority and employers of appropriate measures to prevent pollution of the general environment by asbestos dust released from the workplace (Article 19, paragraph 2);

-  measurement by the employer of concentrations of airborne asbestos dust in workplaces (Article 20, paragraph 1);

-  determination of a period during which records of the monitoring of the working environment and of the exposure of workers to asbestos must be kept (Article 20, paragraph 2);

-  access to the above records for workers (Article 20, paragraph 3);

-  right of workers to request the monitoring of the working environment and to appeal to the competent authority concerning the results of the monitoring (Article 20, paragraph 4);

-  medical examination of workers (Article 21, paragraph 1);

-  monitoring of workers’ health to be free of charge (Article 21, paragraph 2);

-  workers to be informed of the results of their medical examinations and to receive individual advice concerning their health in relation to their work (Article 21, paragraph 3);

-  means of maintaining their income to be given to workers unable, for medical reasons, to continue to do work involving exposure to asbestos (Article 21, paragraph 4);

-  development by the competent authority of a system of notification of occupational diseases caused by asbestos (Article 21, paragraph 5);

-  dissemination of information and the education of all concerned regarding health hazards due to exposure to asbestos (Article 22, paragraph 1);

-  establishment by employers of written policies and procedures on measures for the education and periodic training of workers on asbestos hazards (Article 22, paragraph 2); and

-  information and instruction of workers by employers regarding health hazards related to their work and preventive measures and correct work practices (Article 22, paragraph 3).

3. The Committee hopes that the most representative organizations of employers and workers concerned will be consulted, in accordance with Article 4 of the Convention, when the necessary measures are taken to give effect to the Convention, and that the enforcement of the laws and regulations adopted as a result will be secured by an adequate and appropriate system of inspection, in accordance with Article 5 of the Convention. Furthermore, in the interests of proper application of the Convention, the Committee wishes to remind the Government that Article 2 of the Convention defines the terms "asbestos", "asbestos dust", "airborne asbestos dust", "respirable asbestos fibres" and "exposure to asbestos", and the terms "workers" and "workers’ representatives", and that it would be advisable to include these definitions in the national legislation.

4. The Committee also notes section 96 of the Labour Code under which, where working conditions not covered by the orders provided for in section 95 of the Labour Code are deemed to be dangerous for the safety and health of workers, the labour inspector or the works’ medical inspector shall report the said conditions to the National Occupational Safety and Health Commission with a view to appropriate regulations being prepared if necessary. The Committee asks the Government to indicate whether any labour inspectors or works’ medical inspectors have initiated such a process in connection with hazards related to exposure to asbestos and, if so, to provide information on any resulting legal texts.

5. Article 19. Disposal of waste. In earlier comments the Committee asked the Government to provide copies of any decrees adopted pursuant to section 3 of Act No. 89/027 of 29 December 1989 on toxic and hazardous wastes, which provides that arrangements for the elimination of such wastes are to be set by decree. It hopes that the Government will send copies of any such decrees with its next report.

6. The Committee invites the Government to take all necessary measures as soon as possible to apply the Convention. It hopes that the Government will follow up on its intention of seeking technical assistance from the Office, and that in its next report it will be in a position to inform the Committee of significant progress.

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1. The Committee takes note of the report sent by the Government in response to its previous comments. It notes that, referring to the provisions of the Labour Code and to Order No. 039/MTPS/IMT of 26 November 1958 establishing general occupational safety and health measures, the Government indicates that in Cameroon there are no factories producing asbestos in the forms indicated in Article 2 of the Convention. The Committee notes, however, that the Government hopes to be able to draft a specific text on occupational health and safety in relation to asbestos, with technical assistance from the Office.

The Committee wishes to draw the Government’s attention once again to the subjects for which, in accordance with Article, 3, paragraph 1, of the Convention, national laws and regulations must prescribe measures to give effect to the Convention:

-  employers’ responsibility for compliance with the prescribed measures (Article 6, paragraph 1);

-  adoption by the competent authority of general procedures for cooperation between employers undertaking activities simultaneously at one workplace (Article 6, paragraph 2);

-  preparation by employers, in cooperation with the occupational safety and health services, of procedures for dealing with emergency situations (Article 6, paragraph 3);

-  compliance by workers, within the limits of their responsibility, with prescribed safety and hygiene procedures (Article 7);

-  close cooperation between employers and workers or their representatives in applying the measures prescribed (Article 8);

-  prevention or control of exposure to asbestos by subjecting work in which exposure to asbestos may occur to adequate engineering controls and work practices (Article 9(a));

-  adoption of special rules and procedures, including authorization, for the use of asbestos (Article 9(b));

-  replacement of asbestos or of certain types of asbestos or products containing asbestos by other materials or products or the use of alternative technology, scientifically evaluated as harmless or less harmful, whenever this is possible (Article 10(a));

-  total or partial prohibition of the use of asbestos or of certain types of asbestos or products containing asbestos in certain work processes (Article 10(b));

-  prohibition of the use of crocidolite or products containing this fibre (Article 11, paragraph 1);

-  prohibition of the spraying of asbestos (Article 12, paragraph 1);

-  notification of work involving exposure to asbestos (Article 13);

-  adequate labelling of containers and products containing asbestos (Article 14);

-  determination by the competent authority of limits for the exposure of workers to asbestos (Article 15, paragraph 1);

-  periodical review of exposure limits in the light of technological progress and advances in technological and scientific knowledge (Article 15, paragraph 2);

-  adoption of appropriate measures to prevent or control the release of asbestos dust into the air, to ensure that the exposure limits or other exposure criteria are complied with (Article 15, paragraph 3);

-  provision by the employer of adequate respiratory protective equipment and special protective clothing where collective technical prevention measures are inadequate (Article 15, paragraph 4);

-  adoption of practical measures by the employer for the prevention and control of the exposure of workers to asbestos and for their protection against hazards due to asbestos (Article 16);

-  demolition of plants or structures containing friable asbestos materials solely by employers or contractors who are recognized as qualified by the competent authority (Article 17, paragraph 1);

-  preparation by the employer or contractor of a work plan specifying the measures to be taken before starting demolition work (Article 17, paragraph 2);

-  consultation of workers or their representatives on the demolition work plan (Article 17, paragraph 3);

-  provision of appropriate work clothing, not to be worn outside the workplace, where workers’ personal clothing may become contaminated (Article 18, paragraph 1);

-  cleaning of work clothing and special protective clothing carried out under controlled conditions to prevent the release of asbestos dust (Article 18, paragraph 2);

-  prohibition of the taking home of work clothing and special protective clothing and of personal protective equipment (Article 18, paragraph 3);

-  provision of facilities for workers exposed to asbestos to wash, take a bath or shower at the workplace (Article 18, paragraph 5);

-  disposal of waste containing asbestos in a manner that does not pose a health risk to the workers concerned or to the population in the vicinity of the enterprise (Article 19, paragraph 1);

-  adoption by the competent authority of appropriate measures to prevent pollution of the general environment by asbestos dust released from the workplace (Article 19, paragraph 2);

-  measurement by the employer of concentrations of airborne asbestos dust in workplaces (Article 20, paragraph 1);

-  determination of a period during which records of the monitoring of the working environment and of the exposure of workers to asbestos must be kept (Article 20, paragraph 2);

-  access to the above records for workers (Article 20, paragraph 3);

-  right of workers to request the monitoring of the working environment and to appeal to the competent authority concerning the results of the monitoring (Article 20, paragraph 4);

-  medical examination of workers (Article 21, paragraph 1);

-  monitoring of workers’ health to be free of charge (Article 21, paragraph 2);

-  workers to be informed of the results of their medical examinations and to receive individual advice concerning their health in relation to their work (Article 21, paragraph 3);

-  means of maintaining their income to be given to workers unable, for medical reasons, to continue to do work involving exposure to asbestos (Article 21, paragraph 4);

-  development by the competent authority of a system of notification of occupational diseases caused by asbestos (Article 21, paragraph 5);

-  dissemination of information and the education of all concerned regarding health hazards due to exposure to asbestos (Article 22, paragraph 1);

-  establishment by employers of written policies and procedures on measures for the education and periodic training of workers on asbestos hazards (Article 22, paragraph 2); and

-  information and instruction of workers by employers regarding health hazards related to their work and preventive measures and correct work practices (Article 22, paragraph 3).

The Committee hopes that the most representative organizations of employers and workers concerned will be consulted, in accordance with Article 4 of the Convention, when the necessary measures are taken to give effect to the Convention, and that the enforcement of the laws and regulations adopted as a result will be secured by an adequate and appropriate system of inspection, in accordance with Article 5 of the Convention. Furthermore, in the interests of proper application of the Convention, the Committee wishes to remind the Government that Article 2 of the Convention defines the terms "asbestos", "asbestos dust", "airborne asbestos dust", "respirable asbestos fibres" and "exposure to asbestos", and the terms "workers" and "workers’ representatives", and that it would be advisable to include these definitions in the relevant national legislation.

2. The Committee also notes section 96 of the Labour Code under which, where working conditions not covered by the orders provided for in section 95 of the Labour Code are deemed to be dangerous for the safety and health of workers, the labour inspector or the works’ medical inspector shall report the said conditions to the National Occupational Safety and Health Commission with a view to appropriate regulations being prepared if necessary. The Committee asks the Government to indicate whether any labour inspectors or works’ medical inspectors have initiated such a process in connection with hazards related to exposure to asbestos and, if so, to provide information on any resulting legal texts.

3. Article 19. The Committee recalls that it asked the Government to provide copies of any decrees adopted pursuant to section 3 of Act. No. 89/027 of 29 December 1989 on toxic and hazardous wastes, which provides that arrangements for the elimination of such wastes are to be set by decree. It hopes that the Government will send copies of any such decrees …, where they exist, … with its next report.

The Committee hopes that in its next report the Government will inform it of the adoption of occupational safety and health regulations in respect of exposure to asbestos. It suggests that the Government might submit a formal request to the Office for technical assistance.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1.  The Committee states that the Government’s report does not contain any replies to the questions that have been raised on the application of the Convention. It recalls that its previous comments concerned the following points.

  Article 3, paragraph 1, of the Convention.  The Committee recalls that the Government had indicated that the provisions of the Convention are applied in the Labour Code and in Decree No. 39 of 1984 on general occupational safety and health measures. The Committee points out once again that the text in question contain no provisions concerning asbestos, although Article 3 of the Convention calls for specific measures to be prescribed for the prevention and control of, and protection of workers against, health hazards due to occupational exposure to asbestos.

The Committee also recalls that section 95 of the Labour Code provides that occupational safety and health conditions are to be defined by ministerial decree, after consultation with the National Commission on Occupational Safety and Health, and that these decrees must, taking into consideration local conditions, assure workers’ protection in conformity with, among others, the standards recommended by the International Labour Organization. The Government is therefore requested to indicate in its next report the steps taken to implement section 95, and hence also the provisions of the Convention.

  Article 19.  The Committee notes that section 3 of Act No. 89/027 of 29 December 1989 concerning toxic and hazardous wastes provides that local industry generating such waste are required to declare the volume and nature of production and ensure that its disposal is without risk to the population or the environment. The measures for implementation in this regard are to be set out by decree. The Government is requested to provide with its next report a copy of any decree issued under this Act concerning disposal of waste containing asbestos.

2.  Lastly, the Committee notes that the Government had been intending to request the Office’s technical assistance in adopting the measures needed to give effect to the Convention. It hopes that the Government will take the necessary steps to request this assistance.

CMNT_TITLE

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee states that the Government's report does not contain any replies to the questions that have been raised on the application of the Convention. It recalls that its previous comments concerned the following points.

Article 3, paragraph 1, of the Convention. The Committee recalls that the Government had indicated that the provisions of the Convention are applied in the Labour Code and in Decree No. 39 of 1984 on general occupational safety and health measures. The Committee points out once again that the text in question contain no provisions concerning asbestos, although Article 3 of the Convention calls for specific measures to be prescribed for the prevention and control of, and protection of workers against, health hazards due to occupational exposure to asbestos.

The Committee also recalls that section 95 of the Labour Code provides that occupational safety and health conditions are to be defined by ministerial decree, after consultation with the National Commission on Occupational Safety and Health, and that these decrees must, taking into consideration local conditions, assure workers' protection in conformity with, among others, the standards recommended by the International Labour Organization. The Government is therefore requested to indicate in its next report the steps taken to implement section 95, and hence also the provisions of the Convention.

Article 19. The Committee notes that section 3 of Act No. 89/027 of 29 December 1989 concerning toxic and hazardous wastes provides that local industry generating such waste are required to declare the volume and nature of production and ensure that its disposal is without risk to the population or the environment. The measures for implementation in this regard are to be set out by decree. The Government is requested to provide with its next report a copy of any decree issued under this Act concerning disposal of waste containing asbestos.

2. Lastly, the Committee notes that the Government had been intending to request the Office's technical assistance in adopting the measures needed to give effect to the Convention. It hopes that the Government will take the necessary steps to request this assistance.

CMNT_TITLE

1. The Committee states that the Government's report does not contain any replies to the questions that have been raised on the application of the Convention. It recalls that its previous comments concerned the following points.

Article 3, paragraph 1, of the Convention. The Committee recalls that the Government had indicated that the provisions of the Convention are applied in the Labour Code and in Decree No. 39 of 1984 on general occupational safety and health measures. The Committee points out once again that the text in question contain no provisions concerning asbestos, although Article 3 of the Convention calls for specific measures to be prescribed for the prevention and control of, and protection of workers against, health hazards due to occupational exposure to asbestos.

The Committee also recalls that section 95 of the Labour Code provides that occupational safety and health conditions are to be defined by ministerial decree, after consultation with the National Commission on Occupational Safety and Health, and that these decrees must, taking into consideration local conditions, assure workers' protection in conformity with, among others, the standards recommended by the International Labour Organization. The Government is therefore requested to indicate in its next report the steps taken to implement section 95, and hence also the provisions of the Convention.

Article 19. The Committee notes that section 3 of Act No. 89/027 of 29 December 1989 concerning toxic and hazardous wastes provides that local industry generating such waste are required to declare the volume and nature of production and ensure that its disposal is without risk to the population or the environment. The measures for implementation in this regard are to be set out by decree. The Government is requested to provide with its next report a copy of any decree issued under this Act concerning disposal of waste containing asbestos.

2. Lastly, the Committee notes that the Government had been intending to request the Office's technical assistance in adopting the measures needed to give effect to the Convention. It hopes that the Government will take the necessary steps to request this assistance.

CMNT_TITLE

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes with interest the information provided in the Government's first report. While it notes the Government's indication that the provisions of the Convention are applied by the Labour Code and Decree No. 39 of 1984 on general occupational safety and health measures, it would point out that these texts do not contain provisions concerning asbestos, whereas Article 3 of the Convention calls for specific measures to be prescribed for the prevention and control of, and protection of workers against, health hazards due to occupational exposure to asbestos. It notes that section 95 of the Labour Code provides that occupational safety and health conditions are to be defined by ministerial decree, after consultation with the National Commission on Occupational Safety and Health, and that these decrees should, taking into consideration local conditions, assure workers' protection in conformity with, among others, the standards recommended by the International Labour Organization. The Government is, therefore, requested to indicate the steps taken to prescribe appropriate measures for the protection of workers against occupational hazards due to asbestos exposure.

Article 19. The Committee further notes that section 3 of Act No. 89/027 of 29 December concerning toxic and dangerous waste provides that local industry generating such waste must declare the volume and nature of production and assure that its disposal is without risk to the population or the environment. The measures for implementation in this regard are to be set out by decree. The Government is requested to provide, with its next report, a copy of any decree issued under this Act concerning the disposal of waste containing asbestos.

CMNT_TITLE

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes with interest the information provided in the Government's first report. While it notes the Government's indication that the provisions of the Convention are applied by the Labour Code and Decree No. 39 of 1984 on general occupational safety and health measures, it would point out that these texts do not contain provisions concerning asbestos, whereas Article 3 of the Convention calls for specific measures to be prescribed for the prevention and control of, and protection of workers against, health hazards due to occupational exposure to asbestos. It notes that section 95 of the Labour Code provides that occupational safety and health conditions are to be defined by ministerial decree, after consultation with the National Commission on Occupational Safety and Health, and that these decrees should, taking into consideration local conditions, assure workers' protection in conformity with, among others, the standards recommended by the International Labour Organization. The Government is, therefore, requested to indicate the steps taken to prescribe appropriate measures for the protection of workers against occupational hazards due to asbestos exposure.

Article 19. The Committee further notes that section 3 of Act No. 89/027 of 29 December concerning toxic and dangerous waste provides that local industry generating such waste must declare the volume and nature of production and assure that its disposal is without risk to the population or the environment. The measures for implementation in this regard are to be set out by decree. The Government is requested to provide, with its next report, a copy of any decree issued under this Act concerning the disposal of waste containing asbestos.

CMNT_TITLE

The Committee notes with interest the information provided in the Government's first report. While it notes the Government's indication that the provisions of the Convention are applied by the Labour Code and Decree No. 39 of 1984 on general occupational safety and health measures, it would point out that these texts do not contain provisions concerning asbestos, whereas Article 3 of the Convention calls for specific measures to be prescribed for the prevention and control of, and protection of workers against, health hazards due to occupational exposure to asbestos. It notes that section 95 of the Labour Code provides that occupational safety and health conditions are to be defined by ministerial decree, after consultation with the National Commission on Occupational Safety and Health, and that these decrees should, taking into consideration local conditions, assure workers' protection in conformity with, among others, the standards recommended by the International Labour Organization. The Government is, therefore, requested to indicate the steps taken to prescribe appropriate measures for the protection of workers against occupational hazards due to asbestos exposure.

Article 19. The Committee further notes that section 3 of Act No. 89/027 of 29 December concerning toxic and dangerous waste provides that local industry generating such waste must declare the volume and nature of production and assure that its disposal is without risk to the population or the environment. The measures for implementation in this regard are to be set out by decree. The Government is requested to provide, with its next report, a copy of any decree issued under this Act concerning the disposal of waste containing asbestos.