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

Asbestos Convention, 1986 (No. 162) - Denmark (Ratification: 2006)

The Committee notes that the Governments latest report was received 25 January 2011, that is after the conclusion of 2010 session of the CEACR but before the transmission of the comments by the CEACR adopted during the 2010 session. The Committee notes the recent information provided regarding legislative changes adopted after the previous report submitted by the Government and the complementary information regarding effect given to Article 3 of the Convention and the use made of the derogations permitted under Articles 11 and 12 as well as complementary information on application in practice of the Convention. Against this background the Committee must repeat the comments made in 2010 asking the Government to respond thereto in the context of its submission of the next report due.

Repetition

The Committee notes the reference made in the Government’s first report to section 3 of Regulation No. 1502 of 21 December 2004, regarding asbestos (Asbestos Regulations) (as amended up to 19 April 2009), and Annex 2 to Notice A from the Danish Maritime Authority (DMA), according to which the production, importation, use of or work with asbestos, or materials containing asbestos, under any form whatsoever is banned both on land and on ships. The Committee notes, however, that both as regards work on land and on ships relevant legislation contains certain derogations from this ban. Recalling that Article 1 of the Convention states that this Convention applies to all activities involving exposure of workers to asbestos in the course of work, the Committee reminds the Government that it is required to report on the application of each Article of the Convention where workers may be exposed to asbestos in the course of their work.

Articles 16, 17(1), 19(1), 21(5) and 22(3) of the Convention. Application of the Convention concerning work with asbestos on land. The Committee notes that the Convention is implemented through different sets of legislation depending on whether the work with asbestos occurs on land or on ships, and that the report is silent on the application of several Articles regarding work with asbestos on land. In addition to the questions raised below, the Government is requested to provide additional information on the application of the following Articles concerning work with asbestos on land: Article 16, Specific measures for work on land; Article 17(1), Demolition work; Article 19(1), Disposal of waste; Article 21(5), Notification of occupational diseases; and Article 22(3). Provision of information and training.

In addition to the foregoing, the Government is requested to provide further information on the application of the following Articles of the Convention:

Article 6(3). Preparation of procedures for dealing with emergency situations. The Committee notes that Regulation No. 559 of 17 June 2004, on the Performance of Work ensures the application of this provision as regards emergency situations on land, but that the report is silent regarding the application of this provision in relation to emergency situations in relation to work with asbestos on ships. The Committee requests the Government to provide further information on measures taken, in law and in practice, to give effect to the provisions concerning procedures for dealing with emergency situations in accordance with Article 6(3), in relation to work with asbestos on ships.

Article 11(2). Derogations to the prohibition against the use of crocidolite and products containing this fibre. The Committee notes the derogations provided for in paragraph 1 to the Asbestos Regulations. The Committee requests the Government to provide further information on the application of these derogations in practice and the full application of Article 11(2) in this context.

Article 15(1). Limits for exposure to asbestos. The Committee notes that in its response the Government refers to relevant provisions regarding both work on land and on ships, which regulate the manner in which such work should be carried out to ensure “to the broadest extent possible” that persons at the workplace and surroundings are not exposed to dust from asbestos, or materials containing asbestos, and that exposure to asbestos must be reduced “as much as is reasonable in consideration of the technical development and set permissible values must be observed”. The Government has not, however, indicated the values that are permissible. The Committee requests the Government to provide further information on measures taken, in law and in practice, to give effect to the requirement to prescribe limits of exposure to asbestos in accordance with Article 15(1), both in relation to work on land and on ships.

Article 17(2) and (3). Workplans. The Committee notes that Annex 2 to Notice A indicates that a workplan shall be drawn up and submitted to the DMA before dismantling work is initiated. The Committee requests the Government to provide further information on measures taken, in law and in practice, to give effect to the requirements related to the content of the referenced workplans and the consultations to be held with workers or their representatives in accordance with Article 17(2) and (3), both in relation to work on land and on ships.

Article 18(2)–(5). Personal protective equipment. The Committee notes that both the Asbestos Regulations and the Annex 2 to Notice A require workers to use personal protective equipment where there is a risk of exposure to asbestos. The Committee notes, however, that the Government has not provided information on the effect given to the other requirements referred to under this Article of the Convention. The Committee requests the Government to provide further information on measures taken, in law and in practice, to give effect to all requirements related to personal protective equipment in accordance with Article 18(2)–(5), both in relation to work on land and on ships.

Article 19(2). Prevention of pollution of the general environment. Although the Government’s report is silent in this respect, the Committee notes that section 7 of the Asbestos Regulations provides that work must be organized and executed in such a way that it is ensured to the broadest extent possible, that persons at the workplace “and in the surroundings” are not exposed, and that Annex 2 to Notice A provides that work shall be organized and performed in a manner in which persons at the workplace and nearby are not exposed to asbestos and that the scope of these regulations appear to include the general environment. The Committee requests the Government to provide further information on measures taken, in law and in practice, both in relation to work on land and on ships, to give effect to the requirement to prevent pollution of the general environment by asbestos dust released from workplaces on land and on ships in accordance with Article 19(2).

Article 20(2). Record keeping of monitoring of the working environment. With reference to the Asbestos Regulations and Notice A, the Committee notes that the prevalence of asbestos must be regularly measured at workplaces on land as well as on ships, and that recorded information of exposure of workers to asbestos must be kept for at least 40 years. The Committee notes the absence of information regarding the required record keeping of measurements resulting from monitoring of the working environment. The Committee requests the Government to provide further information on measures taken, in law and in practice, to give effect to the requirement to prescribe a period for record keeping of measurements of the working environment according to Article 20(2), both in relation to work on land and on ships.

Article 21(1) and (3)–(4). Medical examinations and maintenance of income. The Asbestos Regulations provide that workers shall be subject to a health examination before they start work with asbestos or with materials containing asbestos and if necessary at regular intervals subsequently and at least once every third year, while no information is provided regarding post-employment monitoring of the health of workers who have been exposed to asbestos. The Committee also notes that the Government’s report is silent as regards the requirements concerning the right for workers to be informed in an adequate and appropriate manner of the results of their medical examinations, and to provide workers with other means of maintaining their income, when continued assignment to work involving exposure to asbestos is found to be medically inadvisable. The Committee requests the Government to provide additional information with respect to measures taken, in law and in practice, to give effect to Article 21(1) and (3)–(4), both in relation to work on land and on ships.

Article 22(1) and (2). Information and education. The Committee notes that the Government’s report is silent on the application of these provisions of the Convention. The Committee requests the Government to provide additional information with respect to the application of Article 22(1) and (2), both in relation to work on land and on ships.

Part V of the report form. Application in practice. The Committee notes with interest the detailed information provided regarding awareness-raising campaigns and enforcement activities, and the results of these efforts, including in relation to the handling of asbestos waste, work in shipyards, the investigation regarding the prevalence of asbestos in elevator shafts, the monitoring of the prevalence of asbestos in the building and construction industry, as well as the focus on asbestos in the context of the screening of safety and health conditions of all Danish enterprises under the “Smiley Scheme”. The Committee requests the Government to continue to provide such information including any statistical data resulting from these efforts.