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Asbestos Convention, 1986 (No. 162) - Germany (RATIFICATION: 1993)

Article 21(4) of the Convention. Provision of other means of maintaining income. With reference to its previous comments, the Committee notes from the Government’s response that by virtue of article 3(2) of the Ordinance on Occupational Diseases 2002, an employee who leaves an activity because an occupational disease is liable to develop, recur or get worse, that employee is entitled to further training, retraining measures and to compensation for loss of earning (for a limited period of time). The Committee would like to draw the Government’s attention that Article 21(4) also relates to situations before any occupational disease has been declared but after a determination that continued assignment to work involving exposure to asbestos has been found to be medically inadvisable. The Committee requests the Government to indicate the specific measures taken to ensure that the workers concerned are provided with other means of maintaining their income and to provide information on the practical application of this Article including information on the limited time period referred to above.

Part V of the report form. Application in practice. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in the county and attach extracts from inspection reports and, where such statistics exist, information on the number of the workers covered by the legislation, the number and nature of the contraventions reported, the number of occupational diseases reported as being caused by asbestos, etc.

[The Government is asked to reply in detail to the present comments in 2011.]