National Legislation on Labour and Social Rights
Global database on occupational safety and health legislation
Employment protection legislation database
DISPLAYINEnglish - French - Spanish
Previous comment
Repetition The Committee notes with deep concern that the Government’s report, due since 2018, has not been received. In light of its urgent appeal launched to the Government in 2020, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.Articles 3–18 and 20–22 of the Convention. Application of the Convention in law and in practice. Following its examination of the information at its disposal, the Committee notes that important information on measures giving effect to Articles 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 20, 21 and 22 of the Convention has not been submitted, namely:- specific laws or regulations for the prevention and control of, and protection of workers against, health hazards due to occupational exposure to asbestos;- specific regulations, if any, adopted in application of the National Environment Act 2019 (pursuant to section 71 of the Act) and repealing the National Environment (Waste Management) Regulations S.I No. 52/1999; and- the application of measures taken to prevent, control, and to protect workers against, asbestos-related health hazards in practice.The Committee requests the Government to provide detailed information on the points listed above without delay, including copies of the relevant pieces of legislation.
Repetition Legislation. Technical assistance. The Committee recalls the statements made by the Government, in its previous report in 2013, according to which the draft regulations on hazardous substances, which contain specific parts dealing with asbestos handling and disposal, would be further developed under a project aimed at strengthening occupational safety and health (OSH) and that the Government expressed the need for technical support for the development of an OSH profile and the OSH national policy. Recalling that the Office is available to provide comments on any draft legislation submitted to it, in order to assist the Government in implementing the provisions of the Convention, the Committee once again requests the Government to communicate information on recent developments concerning the preparation of the draft legislation. Furthermore, the Committee hopes that the Office will provide technical assistance, as requested by the Government. Application of the Convention in practice. The Committee notes the Government’s indication that it continues to take all the measures possible to ensure the effective application of the Convention, namely through prohibiting the use of asbestos materials in new construction, but that budgetary and technical limitations are obstacles to the removal and disposal of asbestos materials. The Committee requests the Government to provide detailed information on the obstacles encountered in the application of the provisions of the Convention and on the measures envisaged or undertaken to eliminate these obstacles and ensure the effective application of the Convention. In addition, the Committee notes with regret that the Government’s report once again contains no reply to its previous comments. The Committee is therefore bound to once again repeat its request to the Government to provide the information on the following matters raised in its previous direct request: Article 6(2) of the Convention. Requirement for employers to cooperate in applying prescribed measures. The Government indicates that there are no procedures ensuring the collaboration of employers where two or more of them undertake activities simultaneously at one workplace. The Committee requests the Government to take all appropriate measures to ensure an effective application of this provision and to provide detailed information on such measures. Article 15(1). Definition of the limits for the exposure of workers to asbestos. The Committee notes the information that limits for the exposure of workers to asbestos have been adopted by the competent authority. In this regard the Committee recalls that, under this Article of the Convention, the competent authority shall not only prescribe limits for the exposure of workers to asbestos, but also periodically review these limits and update them. In addition, the Committee wishes to remind the Government that according to the American Conference of Governmental Industrial Hygienists (ACGIH), the generally internationally accepted limits of exposure to asbestos are fixed to 0.1 fibres per cubic centimetre (f/cc) of air, averaged over an eight-hour work shift. The Committee, therefore, requests the Government to supply information on the exposure limits for asbestos laid down by the competent authority and on the measures taken to ensure that the adopted exposure limits are periodically reviewed. Article 17. Protection of workers and limiting the release of asbestos dust in the context of demolition work. The Committee notes that the Government, in its response, stated that there are cases in practice where contractors undertake demolition work without the competence required by the authority and with no notification before the beginning of the work and that, as a consequence, the work plan specifying the measures to be taken by the employer to provide protection to workers, limit the release of asbestos dust into the air and the disposal of waste containing asbestos, has not been drawn up. The Committee concludes that there are regulations conditioning and regulating demolition work involving materials containing asbestos fibres. The Committee requests the Government to provide detailed information on current regulations giving effect to Article 17 as well as information on measures taken to ensure these rules are duly enforced.
Repetition Recent developments. The Committee notes the Government’s statement in its report that the draft regulations on hazardous substances, which contain specific parts dealing with asbestos handling and disposal, will be further developed under a project aimed at strengthening occupational safety and health (OSH). The Committee also notes the Government’s statement that it is necessary to raise greater awareness, regarding asbestos handling and disposal, among the general public, public institutions and policy-makers, and that it will continue to take all possible measures to dispose of asbestos, particularly in public buildings. Finally, the Committee notes the need for technical support for the development of an OSH profile and the OSH national policy, expressed by the Government in its report. The Committee invites it to make an official request to the Office to this effect and to provide any information in this regard. Recalling that the Office is available to provide comments on any draft legislation submitted to it, in order to assist it in implementing the provisions of the Convention, the Committee requests the Government to keep the Office informed of the recent developments concerning the preparation of the draft regulation, and to submit a copy thereof to the Office once it is adopted. The Committee emphasizes again that the Government remains under the obligation to ensure the application of the Convention during the drafting process.In addition, the Committee notes that the Government’s report does not include information in reply to its other comments. The Committee therefore hopes that the Government will provide in its next report the information requested on the following matters raised in its previous direct request:Article 6(2) of the Convention. Requirement for employers to cooperate in applying prescribed measures. The Government indicates that there are no procedures ensuring the collaboration of employers where two or more of them undertake activities simultaneously at one workplace. The Committee requests the Government to take all appropriate measures to ensure an effective application of this provision and to provide detailed information on such measures.Article 15(1). Definition of the limits for the exposure of workers to asbestos. The Committee notes the information that limits for the exposure of workers to asbestos have been adopted by the competent authority. In this regard the Committee recalls that, under this Article of the Convention, the competent authority shall not only prescribe limits for the exposure of workers to asbestos, but also periodically review these limits and update them. In addition, the Committee wishes to remind the Government that according to the American Conference of Governmental Industrial Hygienists (ACGIH), the generally internationally accepted limits of exposure to asbestos are fixed to 0.1 fibres per cubic centimetre (f/cc) of air, averaged over an eight-hour work shift. The Committee, therefore, requests the Government to supply information on the exposure limits for asbestos laid down by the competent authority and on the measures taken to ensure that the adopted exposure limits are periodically reviewed.Article 17. Protection of workers and limiting the release of asbestos dust in the context of demolition work. The Committee notes that the Government, in its response, stated that there are cases in practice where contractors undertake demolition work without the competence required by the authority and with no notification before the beginning of the work and that, as a consequence, the work plan specifying the measures to be taken by the employer to provide protection to workers, limit the release of asbestos dust into the air and the disposal of waste containing asbestos, has not been drawn up. The Committee concludes that there are regulations conditioning and regulating demolition work involving materials containing asbestos fibres. The Committee requests the Government to provide detailed information on current regulations giving effect to Article 17 as well as information on measures taken to ensure these rules are duly enforced.Part V of the report form. Application in practice. The Committee notes the information provided by the Government, which indicates that even though there is still a lot to be done in order to ensure that the Convention becomes part of the national law and practices, the Ministry of Gender, Labour and Social Development has started a process of disposing of all asbestos on the ministry properties and institutions and an asbestos disposal committee has been created with this purpose. With regards to the statistics on asbestos handling and disposal measures within the country, the Government reports that this is a priority for the Department of Occupational Safety and Health plan. The Committee requests the Government to provide further information on measures taken to record relevant information on the application in practice of the Convention.
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:
Article 3(1) of the Convention. National laws or regulations on asbestos. The Committee notes with interest the information provided by the Government concerning the adoption of the Occupational Safety and Health Act, No. 9/2006 and its subsidiary legislation. It also notes, however, the information that while this new legislation prescribes that the employer has a duty to monitor and control the release of dangerous substances into the environment; to handle hazardous materials as well as to use toxic materials as a last resort it does not have any specific provisions concerning asbestos. In this regard and further to its previous comments, the Committee recalls that Article 3(1) of the Convention calls for the adoption of specific legislation prescribing measures to be taken for the prevention and control of, and protection against, health hazards due to occupational exposure to asbestos. The Committee notes that the Government indicates that plans are under way to develop the required legislation, but that the Government would require technical support from the ILO in this respect. Due to the time that has elapsed since the ratification of the Convention, the Committee hopes that the Government will take the necessary measures, in consultation with the most representative organizations of employers and workers concerned, to proceed to the preparation and adoption of laws or regulations ensuring effective application of the Convention. The ILO is available to comment on any draft legislation submitted to it. The Committee hopes that the next report of the Government will indicate the progress accomplished in this respect.
Part V of the report form. Practical application. The Committee notes that the Government has yet to submit information on the practical application of this Convention. The Committee requests the Government to provide any available and relevant information on the practical application of this Convention, for example, in the form of statistics from the labour inspectorate.
With a view to assisting the country to implement this Convention, the Committee reiterates its invitation to the Government to seek technical assistance and approach the ILO Subregional Office for East Africa to discuss the possible modalities for such technical assistance.
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:
Article 3, paragraph 1, of the Convention. National laws or regulations on asbestos. The Committee notes with interest the information provided by the Government concerning the adoption of the Occupational Safety and Health Act, No. 9/2006 and its subsidiary legislation. It also notes, however, the information that while this new legislation prescribes that the employer has a duty to monitor and control the release of dangerous substances into the environment; to handle hazardous materials as well as to use toxic materials as a last resort it does not have any specific provisions concerning asbestos. In this regard and further to its previous comments, the Committee recalls that Article 3(1) of the Convention calls for the adoption of specific legislation prescribing measures to be taken for the prevention and control of, and protection against, health hazards due to occupational exposure to asbestos. The Committee notes that the Government indicates that plans are under way to develop the required legislation, but that the Government would require technical support from the ILO in this respect. Due to the time that has elapsed since the ratification of the Convention, the Committee hopes that the Government will take the necessary measures, in consultation with the most representative organizations of employers and workers concerned, to proceed to the preparation and adoption of laws or regulations ensuring effective application of the Convention. The ILO is available to comment on any draft legislation submitted to it. The Committee hopes that the next report of the Government will indicate the progress accomplished in this respect.
With a view to assisting the country to implement this Convention, the Committee invites the Government to seek technical assistance and approach the ILO Subregional Office for East Africa to discuss the possible modalities for such technical assistance.
Article 3, paragraph 1, of the Convention. National laws or regulations on asbestos. The Committee notes with interest the information provided by the Government concerning the adoption of the Occupational Safety and Health Act, No. 9/2006 and its subsidiary legislation. It also notes, however, the information that while this new legislation prescribes that the employer has a duty to monitor and control the release of dangerous substances into the environment; to handle hazardous materials as well as to use toxic materials as a last resort it does not have any specific provisions concerning asbestos. In this regard and further to its previous comments, the Committee recalls that Article 3, paragraph 1, of the Convention calls for the adoption of specific legislation prescribing measures to be taken for the prevention and control of, and protection against, health hazards due to occupational exposure to asbestos. The Committee notes that the Government indicates that plans are under way to develop the required legislation, but that the Government would require technical support from the ILO in this respect. Due to the time that has elapsed since the ratification of the Convention, the Committee hopes that the Government will take the necessary measures, in consultation with the most representative organizations of employers and workers concerned, to proceed to the preparation and adoption of laws or regulations ensuring effective application of the Convention. The ILO is available to comment on any draft legislation submitted to it. The Committee hopes that the next report of the Government will indicate the progress accomplished in this respect.
The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:
1. Article 3, paragraph 1, of the Convention. National laws or regulations on asbestos. The Committee notes the Government’s indication that the Factories Act is being modified to become the draft Occupational Safety and Health Bill, which is yet to be passed by Cabinet. Although the draft Occupational Safety and Health Bill does not contain specific provisions on asbestos, it covers all hazardous materials. In this regard and further to its previous comments, the Committee recalls that Article 3, paragraph 1, of the Convention, calls for the adoption of specific legislation prescribing measures to be taken for the prevention and control of, and protection against, health hazards due to occupational exposure to asbestos. Due to the time elapsed since the ratification of the Convention, the Committee hopes that the Government will take the necessary measures, in consultation with the most representative organizations of employers and workers concerned, in accordance with Article 4, of the Convention, to proceed to the adoption of laws or regulations ensuring effective application of the Convention. The Committee hopes that the next report of the Government will indicate the progress accomplished in this respect.
2. Part V of the report form. Practical application. The Committee notes the Government’s indication that many steps still need to be taken to incorporate the provisions of the Convention into both national law and practice. In this regard, the Committee reminds the Government of the possibility to request technical assistance from the Office to overcome the existing obstacles.
The Committee hopes that the Government will make every effort to take the necessary action in the very near future.
1. The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:
2. The Committee hopes that the Government will make every effort to take the necessary action in the very near future.
[The Government is asked to report in detail in 2006.]
The Committee takes note of the Government’s indication that provisions for the application of the Convention were included in the Draft Occupational Health and Hygiene Bill and the Factories Bill which had been sent to the Office for comment. The Committee would point out, however, that Article 3, paragraph 1, of the Convention calls for specific measures to be prescribed for the prevention and control of, and protection against, health hazards due to occupational exposure to asbestos, whereas there are no specific provisions concerning asbestos in the abovementioned bills.
The Committee hopes that the necessary measures will be taken by the Government, in consultation with the most representative organizations of employers and workers concerned, in accordance with Article 4, to ensure the application of the Convention and requests the Government to indicate, in its next report, the progress made in this regard.
The Committee takes note of the Government’s indication that provisions for the application of the Convention were included in the Draft Occupational Health and Hygiene Bill and the Factories Bill which had been sent to the Office for comment. The Committee would point out, however, that Article 3, paragraph 1, of the Convention calls for specific measures to be prescribed for the prevention and control of, and protection against, health hazards due to occupational exposure to asbestos, whereas there are no specific provisions concerning asbestos in the abovementioned bills. The Committee hopes that the necessary measures will be taken by the Government, in consultation with the most representative organizations of employers and workers concerned, in accordance with Article 4, to ensure the application of the Convention and requests the Government to indicate, in its next report, the progress made in this regard.
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 takes note of the Government's indication that provisions for the application of the Convention were included in the Draft Occupational Health and Hygiene Bill and the Factories Bill which had been sent to the Office for comment. The Committee would point out, however, that Article 3, paragraph 1, of the Convention calls for specific measures to be prescribed for the prevention and control of, and protection against, health hazards due to occupational exposure to asbestos, whereas there are no specific provisions concerning asbestos in the abovementioned bills.
The Committee notes with interest the information provided by the Government in its first and second reports. It takes note of the Government's indication that provisions for the application of the Convention were included in the Draft Occupational Health and Hygiene Bill and the Factories Bill which had been sent to the Office for comment. The Committee would point out, however, that Article 3, paragraph 1 of the Convention calls for specific measures to be prescribed for the prevention and control of, and protection against, health hazards due to occupational exposure to asbestos, whereas there are no specific provisions concerning asbestos in the above-mentioned bills.