Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Asbestos Convention, 1986 (No. 162) - Uganda (Ratification: 1990)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

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.