Asbestos Convention, 1986 (No. 162) - Serbia (RATIFICATION: 2000)

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Articles 10, 11, 12 and 13 of the Convention. Prohibitions against the use of asbestos, and notification of certain types of work involving exposure to asbestos. The Committee notes with interest that the Regulation on prohibitions and restrictions of production, placing on the market and use of chemicals (Official Gazette Nos 90/13 and 25/15) provides that the production, distribution and use of asbestos fibres and products containing them are prohibited, and the Government’s indication that safer alternatives to asbestos-containing products are now used. The Committee also notes the Government’s indication, in reply to its previous request, that the production, placing on the market and use of crocidolite and products containing this fibre are prohibited by that Regulation, and that that Regulation does not specifically govern the spraying as a method of use of asbestos because of the prohibition of all manners of use. The Committee also notes the Government’s indication, in reply to its previous request, on the requirement to notify the labour inspectorate of certain types of work involving exposure to asbestos, pursuant to section 9 of the Regulation on preventive measures for occupational safety and health when exposed to asbestos (Nos 21/09 and 108/05).

Articles 3, 4, 14, 16, 17, 18, 19, and 22(1)–(2). National laws or regulations prescribing measures for the prevention and control of, and protection of workers against, health hazards due to occupational exposure to asbestos. Adequate labelling. Responsibilities concerning demolition work, work clothing and disposal of waste, and information and education. The Committee notes with interest the coming into force, since the Committee’s last comment, of several laws and regulations giving effect to these provisions of the Convention. In this regard, the Committee notes the measures prescribed by the Regulations on preventive measures for occupational safety and health when exposed to asbestos, which provide for a number of measures to be taken by employers to prevent or control exposure to asbestos. It also notes the labelling and classification requirements in the Law on chemicals (as amended in 2015) and the implementing regulations on the subject, in accordance with the Globally Harmonized System of Classification and Labelling. Moreover, it notes the requirements in the abovementioned Regulations on preventive measures for occupational safety and health when exposed to asbestos, concerning demolition work, work clothing, disposal of waste, as well as information and education.

Article 6(3). Procedures for dealing with emergency situations. The Committee notes that section 13(6) of the Regulations on preventive measures for occupational safety and health when exposed to asbestos provides for the obligation of employers to train and inform workers about the procedures in emergency situations relating to asbestos. However, the Regulations do not establish the duty of employers to prepare, in cooperation with the occupational safety and health services, and after consultation with the workers’ representatives concerned, procedures for dealing with emergency situations. The Committee requests the Government to provide further information on the measures taken to ensure that procedures for dealing with emergency situations with regard to asbestos are prepared, and to specify measures ensuring that such procedures are prepared after consultation with the workers’ representatives.

Article 7. Duty of workers to comply with prescribed health and safety measures. The Committee notes the information provided by the Government in response to its request concerning the requirement of workers to comply with safety and health measures under the Occupational Safety and Health Law (No. 101/05).

Article 15(1)–(3). Limits for the exposure of workers to asbestos. The Committee notes the information provided by the Government, in response to its previous request, that exposure limits of asbestos are now provided for in the Regulations on preventive measures for safe and healthy work when exposed to asbestos, which also provide for the obligation of employers to ensure that in all workplaces where workers are exposed to asbestos, employers take all appropriate measures to prevent, or control, the release of asbestos dust into the air, and that employers comply with the prescribed exposure limits. The Committee further notes that the periodical review of exposure limits is undertaken through the alignment of the country’s regulations with that of the European Union. In fact, the Government indicates that section 4(1) of the Regulations on preventive measures for safe and healthy work when exposed to asbestos (issued in 2009 and modified three times since then) now prescribes the maximum asbestos exposure as 0.1 asbestos fibre in 1 cm3 of air during an eight-hour work day, in line with European Union Directive 2009/148/EC on the protection of workers from risks related to exposure to asbestos at the workplace.

Article 20(2)–(4). Keeping of records on the monitoring of the working environment and of the exposure of workers, providing workers and their representatives access to these records, and the right to request such monitoring. The Committee notes the additional information provided by the Government concerning the requirement of employers to keep records of tests on the work environment, including the period of such record-keeping, and the right of workers and their representatives, as well as labour inspectors, to access these records. The Committee also notes the Government’s reference to section 46(2) of the Occupational Safety and Health Law, pursuant to which the Occupational Safety and Health Committee has the right to require employers to take appropriate measures to eliminate or reduce risks that threaten the safety and health of workers. The Committee requests the Government to specify whether workers or their representatives have the right to request the monitoring of the working environment and to appeal relevant results of such monitoring, in accordance with Article 20(4) of the Convention.

Article 21. Medical examinations after termination of employment and maintenance of income for workers whose health is at risk. The Committee notes the additional information provided by the Government, in reply to its previous request, including the reference to the legal provisions providing for: (i) the information of workers on the results of their medical examinations, and the advice to be provided to workers after such examinations regarding protective measures concerning their health; (ii) the requirement to undertake medical examinations, including after the termination of employment, of workers exposed to asbestos, upon the recommendations of occupational health services; and (iii) the requirement to transfer workers from work advised to be medically inadvisable, so as to maintain their income.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

Article 2 of the Convention. Definitions. The Committee notes the information provided by the Government indicating the definitions of an employee and an employees’ representative. The Committee asks the Government to provide further information on measures which provide definitions, in law and practice, of the terms in Article 2 of the Convention.

Article 6(3). Procedures for dealing with emergency situations. The Committee notes the information indicating that section 15 of the Occupational Safety and Health Law requires employers to provide first aid, and to train an adequate number of employees on how to administer first aid and perform rescue and evacuation in cases of emergency. The Committee asks the Government to provide further information on the specific procedures required for dealing with emergency situations, with regard to asbestos, and to specify measures ensuring that such procedures are prepared after consultation with the workers’ representatives.

Article 7. Duty of workers to comply with prescribed health and safety measures. The Committee notes the information indicating that under section 7 of the Rulebook on Preventive Measures for Safe and Healthy Work at the Workplace, employers and workers, and/or their representatives for health and safety at work, must cooperate with regard to all issues related to health and safety at the workplace. The Committee asks the Government to provide measures ensuring that workers are required to comply with prescribed safety and hygiene procedures relating to the prevention and control of, and protection against, health hazards due to occupational exposure to asbestos.

Articles 11, 12 and 13. Prohibitions against the use of asbestos, and notification of certain types of work involving exposure to asbestos. The Committee notes the information provided by the Government indicating that there is no provision allowing derogations to the rule on prohibiting the use of crocidolite. The Committee asks the Government to confirm that the use of crocidolite and products containing this fibre are prohibited, to take measures, in law and in practice, to ensure that the spraying of all forms of asbestos is prohibited; and to indicate whether employers are required to notify, to the competent authority, certain types of work involving exposure to asbestos.

Article 15(1)–(3). Limits for the exposure of workers to asbestos. The Committee notes the information provided by the Government indicating the limits for exposure to asbestos as required under the Yugoslav Standard SRPS Z.B0.001 (1991). The Committee asks the Government to provide information on the measures for the periodical review and update of exposure limits in light of technological progress, and to indicate measures ensuring that in all workplaces where workers are exposed to asbestos, employers take all appropriate measures to prevent, or control, the release of asbestos dust in the air, and that employers comply with the prescribed exposure limits.

Article 20(2)–(4). Keeping of records on the monitoring of the working environment and of the exposure of workers, and providing workers and their representatives access to these records, and the right to request such monitoring. The Committee notes the information indicating that the employer is required to maintain records, and that workers may have access to these records. The Committee asks the Government to indicate the specific measures requiring employers to keep records of the work environment monitoring, and the period for which such records should be kept, to indicate the specific measures allowing workers concerned, their representatives, and inspection services, access to these records, and measures allowing workers, or their representatives, the right to request such monitoring and to appeal concerning the results.

Article 21. Medical examinations after termination of employment, and maintenance of income for workers whose health is at risk. The Committee notes the information provided by the Government indicating the requirement of initial and periodic medical examinations for workers exposed to asbestos. The Committee asks the Government to provide further information on whether workers are informed of the results of their medical examinations and receive individual advice concerning their health in relation to their work; to indicate whether workers are required to undergo medical examinations after the termination of their employment in work exposing them to asbestos; and to indicate measures undertaken to maintain the income of workers who have been medically advised against continued assignment to work involving exposure to asbestos. The Committee also asks the Government to develop a system of notification of occupational disease caused by asbestos.

Articles 3, 9, 10, 14, 16, 17, 18, 19 and 22(1)–(2). The Committee notes that the information available in the Government’s reports regarding the effect given to the abovementioned Articles of the Convention included information on general measures related to occupational safety and health and did not include information on measures taken to regulate the subject matter specifically concerning asbestos in these Articles. The Committee asks the Government to provide further information on the measures taken, in law and in practice, to ensure full effect is given to the abovementioned Articles.

Part V of the report form. Application in practice. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in the country attaching extracts from inspection reports and, where such statistics exist, information on the number of 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.

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Article 2. Definitions. The Committee notes the information provided by the Government indicating the definitions of an employee and an employees’ representative. The Committee asks the Government to provide further information on measures which provide definitions, in law and practice, of the terms in Article 2 of the Convention.

Article 6, paragraph 3. Procedures for dealing with emergency situations. The Committee notes the information indicating that section 15 of the Occupational Safety and Health Law requires employers to provide first aid, and to train an adequate number of employees on how to administer first aid and perform rescue and evacuation in cases of emergency. The Committee asks the Government to provide further information on the specific procedures required for dealing with emergency situations, with regard to asbestos, and to specify measures ensuring that such procedures are prepared after consultation with the workers’ representatives.

Article 7. Duty of workers to comply with prescribed health and safety measures. The Committee notes the information indicating that under section 7 of the Rulebook on Preventive Measures for Safe and Healthy Work at the Workplace, employers and workers, and/or their representatives for health and safety at work, must cooperate with regard to all issues related to health and safety at the workplace. The Committee asks the Government to provide measures ensuring that workers are required to comply with prescribed safety and hygiene procedures relating to the prevention and control of, and protection against, health hazards due to occupational exposure to asbestos.

Articles 11, 12 and 13. Prohibitions against the use of asbestos, and notification of certain types of work involving exposure to asbestos. The Committee notes the information provided by the Government indicating that there is no provision allowing derogations to the rule on prohibiting the use of crocidolite. The Committee asks the Government to confirm that the use of crocidolite and products containing this fibre are prohibited, to take measures, in law and in practice, to ensure that the spraying of all forms of asbestos is prohibited; and to indicate whether employers are required to notify, to the competent authority, certain types of work involving exposure to asbestos.

Article 15, paragraphs 1–3. Limits for the exposure of workers to asbestos. The Committee notes the information provided by the Government indicating the limits for exposure to asbestos as required under the Yugoslav Standard SRPS Z.B0.001 (1991). The Committee asks the Government to provide information on the measures for the periodical review and update of exposure limits in light of technological progress, and to indicate measures ensuring that in all workplaces where workers are exposed to asbestos, employers take all appropriate measures to prevent, or control, the release of asbestos dust in the air, and that employers comply with the prescribed exposure limits.

Article 20, paragraphs 2–4. Keeping of records on the monitoring of the working environment and of the exposure of workers, and providing workers and their representatives access to these records, and the right to request such monitoring. The Committee notes the information indicating that the employer is required to maintain records, and that workers may have access to these records. The Committee asks the Government to indicate the specific measures requiring employers to keep records of the work environment monitoring, and the period for which such records should be kept, to indicate the specific measures allowing workers concerned, their representatives, and inspection services, access to these records, and measures allowing workers, or their representatives, the right to request such monitoring and to appeal concerning the results.

Article 21. Medical examinations after termination of employment, and maintenance of income for workers whose health is at risk. The Committee notes the information provided by the Government indicating the requirement of initial and periodic medical examinations for workers exposed to asbestos. The Committee asks the Government to provide further information on whether workers are informed of the results of their medical examinations and receive individual advice concerning their health in relation to their work; to indicate whether workers are required to undergo medical examinations after the termination of their employment in work exposing them to asbestos; and to indicate measures undertaken to maintain the income of workers who have been medically advised against continued assignment to work involving exposure to asbestos. The Committee also asks the Government to develop a system of notification of occupational disease caused by asbestos.

Articles 3, 9, 10, 14, 16, 17, 18, 19 and 22, paragraphs 1 and 2. The Committee notes that the information available in the Government’s reports regarding the effect given to the abovementioned Articles of the Convention included information on general measures related to occupational safety and health and did not include information on measures taken to regulate the subject matter specifically concerning asbestos in these Articles. The Committee asks the Government to provide further information on the measures taken, in law and in practice, to ensure full effect is given to the abovementioned Articles.

Part V of the report form. Application in practice. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in the country attaching extracts from inspection reports and, where such statistics exist, information on the number of 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.

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1. The Committee notes the comprehensive reports, including numerous references to legislative texts, provided by the Federal Government concerning the application of the Convention in the Republic of Serbia and the Republic of Montenegro.

2. The Committee notes the references by the Governments of the Republic of Serbia and the Republic of Montenegro, respectively, to national legal and administrative texts that appear to give effect to the Convention. Taking into account that the large majority of these texts are only available to the Committee in Serbian-Croatian, the Committee invites the Government to examine whether, and to what extent, it would be possible to provide the ILO with translations into one of the ILO working languages of the most important laws and regulations, or excerpts thereof, in order to enable the Committee to determine the extent to which the Convention is applied in the country. Please also provide any available information concerning the practical implementation of the Convention in accordance with Part V of the report form, including extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the measures giving effect to the Convention, disaggregated by sex if available, as well as any other information that would enable the Committee to better appreciate the application in practice of the Convention in the country as a whole as well as in the separate Republics.