Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Asbestos Convention, 1986 (No. 162) - Canada (Ratification: 1988)

1. The Committee notes, with interest, the information in the Government’s report and the information on legislative amendments including amendments to the Criminal Code of Canada providing for criminal sanctions for disregard of duties to protect employees and public safety (Bill C-45 November 2003); the 2002 amendment to Part II (Occupational Health and Safety) of the Canada Labour Code providing for increased responsibilities relating to occupational health and safety for employers and workers respectively, for safety and health committees in workplaces with more than 20 workers, an increased emphasis on prevention, the right of a worker to call for a monitoring of the working environment and to appeal decisions related thereto; the amendments to Part X of the Canada Occupational Health and Safety Regulations providing for risk assessments as well as relevant legislative changes in the different provinces. Furthermore, it notes the decision rendered by the Canada Appeals Office in Occupational Health and Safety reaffirming the health and safety committee’s right to participate in a hazard investigation and to be consulted prior to the qualified person preparing their written report to the employer.

2. Article 2 of the Convention. Harmonization of definitions relevant for the application of the Convention. The Committee notes that, in reply to its previous comments on this issue, the Government refers to the activities of the Occupational Health and Safety Committee of the Canadian Association of Administrators of Labour Law, which meets on a regular basis to discuss issues of consistency in OSH legislation and enforcement thereof. The Committee notes, however, that the information provided from the different provinces indicates that there is still no uniform definition of the terms "asbestos", "asbestos dust", "airborne asbestos dust", "respirable asbestos fibres" and "exposure to asbestos" in the legislation of the different provinces. The Committee therefore reiterates its request to the Government to provide information on the measures taken and envisaged to harmonize the legislation in order to ensure uniform interpretation of these terms, in accordance to the definitions set forth in this Article of the Convention.

2. Part V of the report form. Appreciation of the application of the Convention in practice. The Committee notes that in reply to the Committee’s previously expressed concerns about the increase of the number of workers who have contracted asbestos-related diseases in the last decade, the Government states that this "apparent" increase might reflect the long latency period for the manifestation of asbestos-related diseases and that the diagnosis of such diseases occurs only decades after exposure thereto and that it might also be an indication of improved reporting of occupational diseases. The Committee also notes that the Government reports that the provisions of Part II of the Canada Labour Code, regulate occupational health and safety in 45,506 workplaces across Canada, that at these work sites 15,215 employers are responsible for 1,373,410 workers and that for the period 1 July 1999 to 31 May 2005 a computer research revealed no occupational diseases reported as a result of exposure to asbestos. The Committee notes that no additional statistical information was included in the report. The Committee requests the Government to clarify which records were examined in this computer search, and in particular to indicate whether this computer search also covered statistics related to compensation claims. The Committee also requests the Government to provide further statistical information, also regarding the evaluation of compensation claims, as well as information regarding the reporting methods applied and an appreciation whether available statistics, at the federal as well as the provincial levels, adequately reflect the incidence of asbestos-related diseases in the country.

[The Government is asked to reply in detail to the present comments in 2006.]