Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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

Article 3(2) of the Convention. Periodical revision of the legislation in the light of technical progress and advances in scientific knowledge. For several years, the Committee has been requesting the Government to adopt legislative measures that give full effect to the Convention as, although Decree No. 154/002 of 2 May 2002 prohibits asbestos in certain cases, it does not give full effect to most of the provisions of the Convention, which are indicated below. The Committee notes with regret the Government’s indications that legislation has still not been adopted to give full effect to the Convention. The Government indicates that the issue falls within the scope of the Tripartite Committee on the Construction Industry, and that while other matters have been addressed which needed to be updated, the issue of asbestos will be studied and very probably addressed strictly within this tripartite body in view of the danger that it poses to the health of workers. The Government adds that, as the issue of asbestos is to be addressed by the Tripartite Committee on the Construction Industry, all of the stakeholders in the construction industry will determine, by consensus, whether the provisions should be adopted. The Committee observes that, although Article 4 of the Convention provides that the competent authority shall consult the most representative employers’ and workers’ organizations concerned with regard to the measures to be adopted to give effect to the provisions of this Convention, the responsibility for adopting such measures rests with the Government. The Committee therefore requests the Government to adopt the necessary measures to give full effect to the Convention and to provide information on the subject.

Article 6(2). Cooperation between employers undertaking activities simultaneously at one workplace. With reference to its previous comments, the Committee once again requests the Government to take the necessary measures to establish the requirement for employers to cooperate in the application of the prescribed measures when undertaking activities simultaneously at one workplace, and the establishment by the Government of the general procedures for such cooperation, and to provide information on this subject.

Article 11. Prohibition of crocidolite. Article 12. Prohibition of the spraying of all forms of asbestos. The Committee notes the information provided by the Government. It notes, however, that the Government does not indicate which provisions specifically prohibit crocidolite and the spraying of all forms of asbestos in conformity with the Convention. The Committee once again requests the Government to adopt the necessary measures to give legislative expression to this Article of the Convention, and to provide information on this subject.

Article 13. Requirement for employers 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). Requirement for employers to establish written policies and procedures for the education and periodic training of workers on hazards due to asbestos. The Committee notes that the Government has not provided the information requested. The Committee therefore urges the Government to take the necessary measures to give effect to these provisions of the Convention, and to provide information on this subject.

[The Government is asked to reply in detail to the present comments in 2016.]