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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.]
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.
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.
- 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.
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.
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:
- 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);
- 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);
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.
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.
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.
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.
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.
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.