Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Asbestos Convention, 1986 (No. 162) - Colombia (Ratification: 2001)

With reference to its observation, the Committee requests the Government to provide information on the following additional points.

Article 3(2) of the Convention. Periodical review of legislation in the light of technical progress and advances in scientific knowledge. Article 14. Responsibility for adequate labelling of the container and, where appropriate, products containing asbestos; definition of material containing chrysotile. Referring to its previous comments, the Committee notes that, in the Government’s view, paragraph 1.11 of Decision No. 007 issued on 4 November 2011 by the Ministry of Health and Social Security, concerning safety and health regulations for chrysotile and other similar-use fibres is based on the OSHA 1915.1001 standard. According to paragraph 1.11, material containing chrysotile refers to any material whose total mass contains more than 1 per cent of chrysotile and products with less than 1 per cent of chrysotile fibre are considered to be free of chrysotile. The Committee notes that the OSHA 1915.1001 standard refers to shipyards and that the relevant standard would seem to be OSHA 1910.1001. Both OSHA standards stipulate that “asbestos-containing material (ACM) means any material containing more than 1 per cent asbestos”. However, neither of the standards contains any provision to the effect that “products with less than 1 per cent chrysotile fibre are considered to be free of asbestos”. The OSHA 1915.1001 standard refers to “material” and not to “product” and does not at any point refer to the concept “free of asbestos”. The Committee considers that the sentence that has been added in Decision No. 007 referred to above could have implications whose scope needs to be carefully assessed in the light of scientific and technical knowledge. The Committee notes that the International Agency for Research on Cancer (IARC) classifies asbestos in all its forms among group 1 carcinogens and that, according to the IARC, scientific knowledge does not allow a threshold limit value to be established below which asbestos might no longer be carcinogenic. The establishment of threshold limit values is conventional; they are subject to change and do change from country to country. Some countries have set the value at 1 per cent, others at 0.5 per cent and yet others at 0.1 per cent. The Committee considers therefore that, since in materials or products with less than 1 per cent or some other percentage of the fibre, some asbestos fibre is nevertheless still present, to look upon them – and possibly label them – as being “free of chrysotile”, could in certain circumstances, generate situations where for lack of adequate preventive measures workers are placed at risk. Taking into account the considerations above and that neither the Convention nor the OSHA standard, adopted by Colombia as a model, specifies that a product with less than 1 per cent asbestos is “free of asbestos”, the Committee requests the Government to re-examine the concept of “free of asbestos” and to provide information on the matter, including its relevance to labelling.

Article 3. Technical standards. Regarding the question on technical standards posed by the Committee, the Government states that the Ministry of Trade, Industry and Tourism has defined official technical standards and regulations as being mandatory, whereas the ISO 9000 technical standards are not monitored and controlled by the Department of Industry and Trade and compliance with such standards may be required under a contractual relationship between individuals (“particulares”).

Article 9(a). Making all work in which exposure to asbestos may occur subject to regulations prescribing adequate engineering controls and work practices, including workplace hygiene. The Committee takes note of the information provided by the Government regarding the manner in which Decision No. 007 regulates prevention and adequate labour practices. The Committee requests the Government to provide information on the manner in which paragraph 3.3 of Decision No. 007 is implemented in practice.

Article 9(b). Prescribing special rules and procedures, including authorization for the use of asbestos or of certain types of asbestos or products containing asbestos or for certain work processes. The Committee notes the Government’s indication that the only asbestos permitted for industrial or commercial use is chrysotile or white asbestos. However, the Government has not provided all the information requested in its last comments. The Committee requests once again the Government to provide information on special rules and procedures prescribed, including whether the legislation requires authorization, for the use of asbestos or of certain types of asbestos or products containing asbestos or for certain work processes.

Article 11. Prohibition of the use of crocidolite and of products containing this fibre. Article 12. Prohibition of spraying of all forms of asbestos. In relation to its previous comments, the Committee takes note of the Government’s statement that, under paragraph 3.1.1 of the technical annex to Decision No. 007, the only type of asbestos whose industrial or commercial use is permitted is chrysotile or white asbestos and that, by stipulating that this restriction refers to its industrial or commercial use, it covers the use of different types of asbestos as raw materials both in the manufacture of products and in their marketing. The Government also indicates that paragraph 3.1.1 covers the prohibition of chrysotile in its friable form and that no report or complaint has been received regarding the use of this kind of asbestos.

Article 13. Notification of the competent authority by employers of certain types of work involving exposure to asbestos. The Committee notes that, according to the Government, the relevant information will be available during the first quarter of 2014. The Committee again requests the Government to provide information on the implementation in practice of the requirement that the competent authority be notified of certain types of work involving exposure to asbestos, including information on notifications received and on the types of work referred to.

Article 20(3). Access for the workers concerned, their representatives and the inspection services to working environment monitoring records and to records of workers’ exposure to asbestos. Regarding its previous comments, the Committee notes that the report reiterates information that the Government has already provided. The Committee recalls that, according to Article 20 of the Convention, the workers concerned should also have access to the records. It invites the Government to adopt measures to ensure that such access is granted and to submit the information in the next report.

Part V of the report form. Application in practice. Article 5 (Adequate and appropriate systems of inspection, and appropriate penalties); Article 6(2) (Requirement that employers collaborate whenever two or more of them undertake activities simultaneously at one workplace); Article 16 (Requirement that each employer establish practical prevention, control and protection measures); Article 18 (Ban on workers taking home work clothing, special protective clothing or personal protective equipment); and Article 22 (Training). The Committee notes that, according to the Government, Decision No. 007 of 2011 came into force on 4 May 2013, which means that employers must communicate the relevant information to their Labour Risks Administrator in the second half of each year and that the Administrator must report back to the Government in the first quarter of each year. The Committee requests the Government to provide information on the effect given to the Convention in practice, in particular with respect to Articles 5, 6(2), 16, 18 and 22.