Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Further to its observation, the Committee requests the Government to provide information on the following points.

Article 14. Adequate labelling of containers and products. The Committee notes the reference made by the Worker member of Canada during the discussion in the Conference Committee on the Application of Standards of the case of Canada at the International Labour Conference at its 100th Session (June 2011) to the fact that Canada had practically banned the use of asbestos within its territory “but continued to export it to developing countries”. With reference to the terms of Article 14, the Committee notes that the Government is required to ensure that producers and suppliers of asbestos and manufacturers and suppliers of products containing asbestos are to be made responsible for adequate labelling of the container and, where appropriate, the products containing asbestos. This Article also provides that the labelling be made in “languages understood by the workers and the users concerned”. It follows from the preparatory work that this expression was intended also to include the languages of the countries where the products were sold (ILC, 71st Session (1985), Report VI(2), pages 28–29; ILC 71st Session (1985), Provisional Record No. 33, page 8, paragraph 61 and ILC 72nd Session, Provisional Record No. 29, page 10, paragraphs 76–77). The Committee also wishes to refer to Paragraph 20(2) and (3) of the Occupational Health Services Recommendation, 1985 (No. 171), which provides that:

(2)  National laws or regulations should require that the label be printed in the language or languages in common use in the country concerned and indicate that the container or product contains asbestos, that the inhalation of asbestos dust carries a health risk, and that appropriate protective measures should be taken.

• (3)  National laws or regulations should require producers and suppliers of asbestos and manufacturers and suppliers of products containing asbestos to develop and provide a data sheet listing the asbestos content, health hazards and appropriate protective measures for the material or product.

The Committee requests the Government to provide further information on measures taken, in law and in practice, to ensure full and effective application of Article 14.

Article 17(2) of the Convention. Protection of workers and limiting the release of asbestos dust in the context of demolition work. Renovations or demolition involving possible asbestos-containing material are highly regulated in Canada, as is the use of products containing asbestos. In many jurisdictions work involving asbestos-containing material must be conducted by a registered contractor who has been certified as a valid asbestos abatement contractor; a demonstration that the workers have received the required training; and that the company has the specialized equipment necessary for asbestos abatement. In addition to the information provided in the context of the application of Article 10(b) of the Convention examined in its observation, the Committee notes the detailed information provided by the Government regarding relevant provisions and prescribed measures in law and in practice in Alberta, British Columbia, Manitoba, New Brunswick, Nova Scotia, Ontario, Quebec and Saskatchewan. The Committee requests the Government to continue to provide information on any further measures taken to ensure application of this provision of the Convention.

Part V of the report form. Application of the Convention in practice. The Committee notes the statistical information provided by the Government based on data from the Association of Workers’ Compensation Boards of Canada (AWCBC) for 2009 indicating that, out of a total number of 150 injuries reported, there were 52 cases of asbestosis and 59 cases of mesothelioma. The Committee further notes the reference made to the Workplace Hazardous Materials Information System (WHMIS) which is a national system that provides information on hazardous materials used in the workplace and which is based on reporting requirements in the Hazardous Products Act and the Controlled Products Regulations. This legislation requires, inter alia, that suppliers of hazardous materials provide material safety data sheets and labour products as conditions of sale and importation. The Committee asks the Government to continue to provide information on the manner in which the Convention is applied in practice, together with references to relevant inspection reports including information on 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 2012.]