Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

Asbestos Convention, 1986 (No. 162) - Switzerland (Ratification: 1992)

The Committee notes with interest the information supplied by the Government in its report. Nevertheless, it requests the Government to supply details on the following matters.

1. Article 6, paragraph 3, of the Convention. In its previous comment, the Committee noted that under section 3.2 of Regulation No. 6503 (1991) concerning cleaning work on premises incorporating loosely compacted asbestos, all the measures necessary to preserve workers' safety and health would be taken. The Committee requested the Government to specify the measures adopted to ensure that employers prepare procedures for dealing with emergency situations. In this context, the Committee notes that the Government indicates that the Caisse nationale d'assurance en cas d'accidents -- Swiss National Accident Insurance Fund (CNA/Suva) keeps a register so that cleaning work on premises incorporating loosely compacted asbestos shall be carried out only by specialist firms having staff qualified for this type of work. It also notes that, apart from emergency situations, the cleaning work is carried out under the only responsibility of the specialist firms and the CNA/Suva supervises the work by means of surveys to ensure that it has been carried out correctly. The Committee recalls the provisions of Article 6, paragraph 3, of the Convention stipulating the establishment of procedures for dealing with emergency situations. In this context, the Committee indicates that emergency situations may also occur during work carried out by specialist firms. The Committee therefore requests the Government to indicate the measures adopted to ensure that employers prepare procedures for dealing with emergency situations as laid down in this provision of the Convention.

2. Article 20, paragraphs 2 and 3. The Committee notes the Government's explanation that cleaning work is the subject of reports noting the measurement and analysis of workers' exposure to asbestos. The Government states that these reports are sent to the employer concerned and that in principle the workers should be informed of the results contained therein. In this regard, the Committee notes that section 10(a) of the Act on Information and Consultation of Workers, 1993, gives workers only the general right to be consulted on all questions relating to safety at work. The Committee therefore requests the Government to indicate the legal basis which grants workers, their representatives and the inspection services the right of access to the monitoring results shown in the monitoring and analysis reports, as provided in Article 20, paragraph 3, of the Convention. It also requests the Government to specify on what legal basis the CNA/Suva is obliged to retain the abovementioned reports for a period of 30 years (Article 20, paragraph 2).

3. Article 21, paragraph 2. The Committee takes note once again of the Government's indication that, under section 75 of the OPA, the CNA pays the workers' necessary travel, accommodation and maintenance costs for preventive examinations and compensates loss of earnings up to the maximum insured limit. In this regard, the Committee states that the costs incurred in monitoring the health of workers engaged in work involving exposure to asbestos may exceed the maximum insured earnings limit. Consequently, the Committee must recall the provision of Article 21, paragraph 2, of the Convention prescribing that the medical monitoring of workers' health shall not result in any loss of earnings for them, shall be free of charge and, as far as possible, shall take place during working hours. The Committee therefore requests the Government to indicate the measures taken or envisaged in order to ensure full application of this Article of the Convention.