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

Asbestos Convention, 1986 (No. 162) - Uruguay (Ratification: 1995)

Article 2 of the Convention. Definitions. Article 10(a) and (b). Prohibition and replacement of asbestos. Article 15(1) and (2). Establishment of exposure limits for workers. Article 21(2). Free medical examinations for workers. The Committee notes the information provided by the Government indicating that effect is given to these Articles of the Convention.

Article 3(2). Periodical revision of the legislation in the light of technical progress and advances in scientific knowledge. With reference to its previous comments, the Committee notes that the Tripartite Commission for the Construction Industry is at a very advanced stage of reviewing the specific standard for the prevention of risks in the sector, which will include the specific health risks inherent in the activities undertaken in the industry and which up to now has only taken into account noise and vibrations. The Committee requests the Government to take the necessary steps to ensure that the Tripartite Commission referred to above, when reviewing the standard, takes into account the provisions of this Convention and the comments made by the Committee of Experts when examining its application, and to provide information on this subject.

Article 6(2). Cooperation between employers undertaking activities simultaneously at one workplace. The Committee notes the Government’s indication that Act No. 18.098 gives legislative effect to this Article of the Convention. However, the Committee notes that the Act refers to contracts concluded by the administration and other public entities, while this Article establishes the requirement for cooperation without distinction as to the type of enterprise. The Committee requests the Government to take into account for this purpose the comments that it is making this year on the application of Article 17 of the Occupational Safety and Health Convention, 1981 (No. 155), in which it indicates that that Article goes beyond subsidiary responsibility activated by request or in the event of violations, and requires a proactive approach by enterprises through the establishment of the requirement for them to cooperate in the application of the measures envisaged in the Convention. The Committee requests the Government to give full effect to this Convention in law and in practice and to provide information in this respect. Additionally, the Committee requests the Government to provide information on examples of collaboration in practice between enterprises undertaking activities simultaneously at the same workplace in relation to the activities covered by the present Convention.

Article 11. Prohibition of crocidolite. Article 12. Prohibition of spraying of all forms of asbestos. The Committee notes the information provided by the Government. However, the Convention requires the explicit prohibition of crocidolite and of the spraying of all forms of asbestos. The Committee requests the Government to take the necessary measures to give legislative effect to this Article of the Convention and to provide information on this subject.

Article 21(4). Alternative employment and means of maintaining the income of workers when continued assignment to work involving exposure to asbestos is found to be medically inadvisable. The Committee requests the Government to continue providing information on the manner in which alternative employment or other measures, such as social benefits, are ensured to maintain the income of workers when their assignment or maintenance in work involving exposure to asbestos is found to be medically inadvisable. In particular, please provide practical information on the manner in which the maintenance of earnings is guaranteed, including social benefits.

Article 13. Employers’ obligation to notify the competent authority of the types of work involving exposure to asbestos. Article 17. Demolition of plants and structures containing asbestos. Article 19. Handling of asbestos waste. Article 20(2) and (3). Keeping of records of the monitoring of the working environment. Article 21(3). Adequate information to workers on the results of their medical examinations. Article 22(2). Employers’ obligation to establish written policies and procedures for the education and periodic training of workers on asbestos hazards. With reference to its previous comments, the Committee notes that the Government makes a general reference to Decree No. 307/009. The Committee draws the Government’s attention to the fact that for several years the Committee has been requesting it to provide detailed information on the effect given to these Articles and that the Government has not replied in its report to the Committee’s request. The Committee urges the Government to indicate the relevant sections of the legislation in each case and/or the measures through which it is ensured that effect is given to each of these Articles of the Convention. Please also provide information on the application of these Articles in practice.

Part V of the report form. Article 5. Application in practice. Labour inspection services. The Committee notes that the Government has not provided the information requested and once again asks the Government to provide information on the application of the Convention in practice, including the activities of the labour inspection services in this respect in the construction sector and the effect given to Articles 17 (demolition) and 19 (handling of asbestos waste).