Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Asbestos Convention, 1986 (No. 162) - Netherlands (Ratification: 1999)

The Committee takes note of the Government’s comprehensive first report and the documentation annexed. It would like to draw the Government’s attention to the following points requiring additional information.

1. Article 2, subparagraphs (b), (c), (d) and (e), of the Convention. Definitions. The Committee would like the Government to indicate the manner in which the terms "asbestos dust", "airborne asbestos dust", "respirable fibres" and "exposure to asbestos dust" are defined in the national legislation.

2. Article 3, paragraph 3, and Article 4. Derogations. The Committee notes that, pursuant to article 4.42 of the Working Conditions Decree, 2000, temporary derogations from the prohibition to handle, process or store asbestos or products containing asbestos may be granted by the Ministry of Social Affairs and Employment. For individual enterprises, article 9.11 of the above Decree authorizes the Labour Inspectorate to grant such derogations, if no alternative substance or technology are available. The Government indicates that such derogations are to be prepared in consultation with the social partners of the most important branches or with the employer and the workers or the workers’ representatives concerned. The Committee requests the Government to specify the legal basis providing for consultations prior to derogations from the asbestos prohibition spelled out in article 4.42 of the Working Conditions Decree, 2000. The Committee further requests the Government to indicate whether and, if so, to which extent general consultations take place with the most representative organizations of employers and workers concerned on the measures taken for the prevention and control of, and protection of workers against, health hazards due to occupational exposure to asbestos. Finally, the Committee notes the information provided with the Government’s report concerning the national and individual derogations granted from the asbestos interdiction. The Government refers in this regard to a derogation granted on the basis of articles 4 and 5 of the Decree to prevent the inclusion of asbestos free friction materials in vehicles, 1991. In this connection, the Government, however, announces that it intends to abolish this Decree in the near future because of the availability of substitute products. The Committee, while noting this information with interest, requests the Government to keep it informed on any changes in legislation on the matter.

3. Article 12, paragraph 1. Prohibition of spraying of all forms of asbestos. The Committee notes article 4.38 of the Working Conditions Decree, 2000, providing for the prohibition of spraying of products containing crocidolite. The Committee, recalling that Article 12, paragraph 1, of the Convention provides for the prohibition of spraying of all forms of asbestos, requests the Government to take the necessary measures to align the national legislation with this provision of the Convention.

4. Article 22, paragraph 1. Arrangements for information and education of all concerned. The Committee notes section 5.7, article 4.57 of the Working Conditions Decree 2000, providing that workers who perform work involving a risk of exposure to asbestos dust or crocidolite dust shall be properly informed and given effective instruction in accordance with a plan, which shall be drawn up in writing. However, this provision seems not to cover arrangements to be taken by the competent authority, in consultation with the most representative organizations of employers and workers concerned, to promote the dissemination of information and the education of all concerned with regard to health hazards due to exposure to asbestos and to methods of prevention and control. The Committee therefore requests the Government to indicate whether such arrangements have to be taken and, if that is the case, to indicate the legal basis providing for these arrangements.

5. Part V of the report form. Practical application. The Committee notes the information provided with the Government’s report regarding the practical application of this Convention in the country. It notes in particular the Government’s indication that the impact of asbestos is decreasing due to the total ban on asbestos, which became effective in 1993. Today, the most important exposure takes place during asbestos removal work. The Committee further notes the number of occupational diseases contracted due to workers’ exposure to asbestos as well as the statistical data on death caused by asbestosis. Although the overall number of cases of death caused by asbestosis seems to be rather modest, the Committee notes with concern the Government’s indication that, according to recent studies, the problem will amplify, i.e. the number of asbestos-related diseases will significantly increase in the next 35 years as a result of past exposure. In the light of this information, the Committee hopes that the Government will take all the measures necessary to ensure an effective protection of workers who are exposed or will be exposed to asbestos in the course of their work. It invites the Government to continue to supply information on the manner in which the Convention is applied in practice in the country.

6. Finally, the Committee requests the Government to indicate whether the legal text of 1993 providing for a total ban on asbestos is still in force and, if that is the case, to transmit a copy for further examination.