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

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

The Committee notes the observations of the Netherlands Trade Union Confederation (FNV) received on 28 August 2014.

Legislation. The Committee notes the information in the Government’s report that, since February 2012, new provisions in the field of certification of asbestos removal are in place, and that the national system for certification has been changed in order to have stricter reinforcement with regard to non-conforming certificate holders and certifying institutions. The Committee also notes that, since 1 April 2014, the compensation scheme for asbestos victims (“TAS” and “TNS” scheme), which was originally open to victims of mesothelioma, has been modified so that victims suffering from asbestosis can also apply. The Committee also notes the observations made by the FNV, complimenting the Government on the new Legal Limit Values (or Binding Occupational Exposure Limits (BOELs)) which bring changes to the limit values for asbestos and will be implemented and enforced in 2015. The Committee requests the Government to continue to provide information on legislative measures undertaken with regard to the application of the Convention.

Article 5 of the Convention. Adequate and appropriate system of inspection and appropriate penalties. The Committee notes the information in the Government’s report that, since January 2012, the Labour Inspectorate I SZW (I SZW) has a special team dedicated to asbestos inspection and that enforcement has intensified and is focused on high-risk activities, mainly in the undertaking of demolition work with exposure to asbestos. The minimum penalties for violations of the rules on working safely with asbestos were doubled and in cases of recidivism progressively higher penalties are enforced, a policy with which the FNV agrees. The Committee notes, however, that the FNV, in its observations, worries about the system of certification of asbestos removal/demolition companies, stating that those who do not comply with the law should be punished and have their certificate removed. The FNV is also worried about the way in which the I-SZW is operating in the field of asbestos, as there are only 13 labour inspectors responding to more than 53,000 asbestos removal reports each year. The FNV further indicates that 70 per cent of the asbestos removal companies do not feel enough pressure from the I-SZW. The Committee notes from the Government’s report that a self-inspection tool was developed, giving instructions to workers and employers on asbestos removal, as well as, the national asbestos following system (LAVS), a system for the exchange of information between all parties involved when the asbestos removal/demolition is in progress. This system aims to make enforcement easier and more effective by national and local authorities and to make the asbestos removal process more transparent for property owners. The Committee notes that the FNV does not believe that the self-inspection tool is effective for companies which deliberately contravene the health and safety regulations and that the positive impact of this tool on the protection of workers is not known. In light of the concerns raised by the FNV, the Committee requests the Government to provide information on the measures taken to ensure the effective enforcement of the provisions of the relevant legislation, including with regard to the number of labour inspectors who specialize in asbestos and the penalties imposed in case of violation of the legal provisions. The Committee also asks the Government to give an appreciation of the impact of the self-assessment tool on the protection of workers.

Application of the Convention in practice. The Committee notes the information in the Government’s report regarding the allocation of compensation for victims suffering from mesothelioma. In 2012, 469 persons suffering from mesothelioma received an allowance, which was an advance payment by the Government, preceding potential compensation by employers, ensuring that victims receive compensation while they are still alive, since asbestos victims are often deceased by the time an employer is willing to pay compensation, due to negotiations or lengthy court processes. Moreover, this allowance provides for compensation in cases where the former employer is unknown or can no longer be traced, and it is in addition to the income that the victims receive during sick leave or disability leave. The Committee notes that 63.7 per cent of the mediations for victims or their companions resulted in compensation. It further notes that the I SZW intensified communication about the risks of asbestos and that national meetings were organized and tools were developed to influence the behaviour and attitude of workers who are at risk of exposure to asbestos. The Committee requests the Government to continue to provide detailed information on the application of the Convention in practice, including information on the number of workers covered by the relevant legislation, the number and nature of contraventions reported and the number of occupational diseases reported as being caused by asbestos.