Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

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

The Committee notes the response provided by the Government in its latest report, including information on the effect given to Article 2(b)–(e), Article 3(2), Article 4, Article 12(1), and Article 22(1), of the Convention. The Committee also notes the information indicating that the total ban against asbestos of 1993 remains in force without exceptions and that recent amendments to legislation reflect the provisions in the European Community Regulation on chemicals and their safe use (EC 1907/2006), which does not allow for derogations from the prohibition of the use of asbestos.

Article 21, paragraph 4. Compensation for workers suffering from asbestos-related diseases. The Committee notes the observations by the Federation of Netherlands Trade Unions (FNV), received on 25 November 2004 and transmitted to the Government on 6 December 2004. In its observations, the FNV particularly refers to possible entitlements to compensation of workers who suffer from asbestos-related occupational diseases, and to the issue currently under investigation as to whether or not the employer must pay a further amount in addition to the standard amount of compensation. The Committee requests the Government to provide further information on entitlements to compensation and compensation effectively paid to workers suffering from asbestos-related diseases.

Article 22, paragraph 1. Dissemination of information with regard to hazards due to exposure to asbestos. With reference to its previous comments on the observations by the Trade Union of Middle Categories and Senior Staff Unions, the Committee notes the information that the National Institute for Asbestos Victims is involved in the dissemination of information on the actual use of asbestos at workplaces. The Committee requests the Government to provide further information on the work of the National Institute for Asbestos Victims and how they are associated in the work related to the dissemination of information with regard to hazards due to exposure to asbestos.

Part V of the report form. Application in practice. The Committee notes the information provided in the Government’s report, including information on the records of all victims of mesothelioma, as records on occurrences caused only by work-related factors are not available. The Committee notes the observations by the FNV, submitted on 28 August 2009 and transmitted to the Government on 16 September 2009, indicating that, in their view, it should be possible to specify the number of victims of mesothelioma attributed to work-related factors, with reference, inter alia, to information made available by the National Institute for Asbestos Victims. The FNV further indicates that it has asked the Government to take action and set up a national asbestos register. The Committee also notes the observations by the FNV indicating that they concluded in 2007, that in the field of removing asbestos from building sites and other places, the situation in the Netherlands is poor and a lot of demolition work is done in a way where workers are not well protected. The Committee requests the Government to respond to these comments; to provide further information on the recording and notification procedures regarding victims of asbestos-related diseases; to provide relevant statistical information; and to indicate measures taken to ensure that workers involved in demolition are adequately protected from hazards related to exposure to asbestos.

[The Government is asked to reply in detail to the present comments in 2010.]