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Asbestos Convention, 1986 (No. 162) - North Macedonia (RATIFICATION: 1991)

Legislation. The Committee notes the adoption of the Law on occupational safety and health (consolidated text No. 53/13 of 2013), the Rulebook on Asbestos (No. 60/2013), the Rulebook on minimal occupational safety and health requirements on temporary and permanent construction sites (No. 105/2008) and the Decree on occupational safety and health network (No. 67/13 of 2013). The Committee requests the Government to provide a copy of these texts, and any texts relevant to the application of the Convention, if possible in one of the working languages of the ILO, and to indicate any provisions therein which would modify the national legislation giving effect to the requirements of the Convention.

Article 6(3) of the Convention. Procedures for dealing with emergency situations. The Committee notes that, in reply to its previous comments regarding the consultation of workers’ representatives in the preparation of procedures for dealing with emergency situations, the Government indicates that employers are obliged, by virtue of sections 26 and 27 of the Law on occupational safety and health to inform workers and their representatives on occupational risks and to consult them on any issues pertaining to safety and health. The Committee requests the Government to indicate whether emergency procedures are also elaborated in cooperation with occupational safety and health services in accordance with Article 6(3) of the Convention.

Articles 10 and 11. Measures to regulate or prohibit the use of asbestos. With reference to its previous comments, the Committee notes that the Government provides no reply on the application in practice of these Articles. The Committee therefore, once again, requests the Government to provide information on measures taken in practice to give effect to Articles 10 and 11 of the Convention with a view to either replacing the use of asbestos or products containing asbestos by harmless or less harmful materials, products or by alternative technology, or totally or partially prohibiting the use of asbestos in certain work processes. It also requests the Government to provide information on how Article 11 of the Convention, which prescribes the prohibition of the use of crocidolite, is applied in practice.

Articles 17(2) and (3), and 19. Demolition workplan. Disposal of waste. The Committee notes the Government’s reference to the Rulebook on minimal requirements of occupational safety and health on temporary and permanent construction sites, according to which an occupational safety and health plan shall be drawn up before construction work starts. In this connection, the Committee wishes to recall that under Article 17 of the Convention, such plan shall be elaborated in consultation with the workers or their representatives and shall include measures to provide all necessary protection to the workers, limit the release of asbestos dust into the air and provide for the disposal of waste containing asbestos, in accordance with Article 19. The Committee once again requests the Government to provide further information on the effect given to these Articles of the Convention.

Article 21(3). Workers to be informed of the results of their medical examinations. The Committee notes the Government’s explanation that information and advice are provided to workers following all medical examinations carried out during their employment in work involving exposure to asbestos. Further noting that such provisions are contained in a new Decree on the type, manner, volume and pricing for preventive examinations, the Committee requests the Government to supply a copy of this text.

Article 21(4). Maintenance of income for workers whose health is at risk. In the absence of the Government’s reply on this point, the Committee reiterates its request for information on the measures taken by the Government to provide workers with other means of maintaining their income when continued assignment to work involving exposure to asbestos is found medically inadvisable, in accordance with this Article of the Convention.

Articles 2(b)–(e), 3(2) and 15(2), 4, 14, 21(5), and 22(1). Definitions. Periodical review of legislation and exposure limits or other exposure criteria in the light of technical progress and advances in scientific knowledge. Consultations with the most representative organizations of employers and workers concerned regarding the measures to be taken to give effect to the provisions of the Convention. Responsibility of producers and suppliers of asbestos and manufacturers and suppliers of products containing asbestos, for adequate labelling. Notification of occupational diseases. Information and education. The Committee notes that the Government has omitted to provide information on these provisions. The Committee requests the Government to indicate the measures taken to give effect to these provisions of the Convention, in law and in practice.

Application of the Convention in practice. The Committee notes the Government’s indication that, in 2013, 2,410 inspection visits were conducted in the construction industry. However, no detail of the findings of these inspections is provided. The Committee requests the Government to provide information on the manner in which the Convention is applied in practice in the country and to supply statistical data, where it exists, on the number of workers covered by the legislation, the number and nature of the contraventions reported and the number of occupational diseases reported as being caused by asbestos.

[The Government is asked to reply in detail to the present comments in 2016.]