Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Switzerland

Safety Provisions (Building) Convention, 1937 (No. 62) (Ratification: 1940)
Asbestos Convention, 1986 (No. 162) (Ratification: 1992)

Previous comment C.162

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 62 (safety provisions (building)) and 162 (asbestos) together.

• Protection against specific risks

Asbestos Convention, 1986 (No. 162)

Article 20(2) of the Convention. Keeping of records of the monitoring of the working environment and the exposure of workers to asbestos for a period prescribed by the competent authority. The Committee notes that, according to the Government’s report, while the legislation does not provide for a mandatory period during which the records of the monitoring of the working environment and of the exposure of workers to asbestos must be kept, in practice information relating to monitoring, measures and medical records in connection with asbestos exposure in the workplace is retained for at least 30 years. The Government indicates that this practice is consistent with the recommendations concerning the application of the Accident Insurance Act, made by the ad hoc committee on accident insurance claims in 2009, which are non-binding. Taking note of this information, the Committee requests the Government to indicate any future legislative development that would prescribe a mandatory retention period.

Article 20(3). Access to records of the monitoring of the working environment and the exposure of workers to asbestos. Further to its previous comment, the Committee notes the Government’s indication that, in accordance with the law on data protection, workers have the right to access personal data, including data processed by the federal authorities, concerning them personally or their working conditions. The Government indicates that workers’ representatives in enterprises also have the right to access information concerning the monitoring of the working environment, excluding personal data such as medical records. The Committee notes this information, which responds to its previous request.

Application of the Convention in practice. Further to its previous comment, the Committee notes that, according to the Government, SUVA (the national Swiss accident insurance fund) identified asbestos as a priority theme of the prevention programme 2020–30 and, in particular, carried out 1,400 workplace inspections relating specifically to asbestos in 2022. The Government also indicates that the average number of asbestos-related deaths for the period 2016–20 was 133 and that 160 cases of mesothelioma were recorded in 2020. The Government indicates that the high number of deaths is also linked to the long latency period between exposure and the onset of disease. The Committee requests the Government to continue to provide information on the application of the Convention in practice, including on the results of the inspections carried out and the number of cases of mesothelioma and deaths recorded.

• Protection in specific branches of activity

Safety Provisions (Building) Convention, 1937 (No. 62)

The Committee recalls that the Governing Body of the ILO, on the recommendation of the Standards Review Mechanism Tripartite Working Group (SRM TWG), confirmed at its 334th Session (October–November 2018) the classification of the Safety Provisions (Building) Convention, 1937 (No. 62) as an outdated instrument, and placed an item on the agenda of the 112th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also requested the Office to undertake follow-up action to actively encourage the ratification of the up-to-date instrument, namely, the Safety and Health in Construction Convention, 1988 (No. 167). The Committee therefore encourages the Government to follow up on the decision taken by the Governing Body at its 334th Session (October-November 2018) approving the recommendations of the Standards Review Mechanism Tripartite Working Group and to consider ratifying Convention No. 167. The Committee takes this opportunity to remind the Government that at its 110th Session in June 2022, the International Labour Conference added a safe and healthy working environment to the fundamental principles and rights at work, thereby amending the 1998 Declaration on Fundamental Principles and Rights at Work. The Committee draws the Government’s attention to the fact that it may avail itself of the technical assistance of the Office for the purpose of bringing both the applicable legislation and practice into line with the fundamental Conventions on OSH and, thus, promote their ratification and effective application.