Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

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

The Committee notes the observations of the General Confederation of Portuguese Workers – National Trade Unions (CGTP–IN) and the General Workers’ Union (UGT), received on 22 December 2014, concerning public buildings containing asbestos.

The Committee notes the information provided by the Government in its report in reply to its previous request concerning the measures giving effect to the following provisions of the Convention: Article 21(4) of the Convention on maintaining the income of workers assigned to other work for medical reasons and Article 22(3), on the provision of information and training.

Articles 1 and 15 of the Convention. Scope of application and exposure to asbestos dust. The Committee notes the indications of the UGT and of the CGTP–IN that many workers who, despite the fact that they do not handle asbestos, are exposed to asbestos fibres in workplaces that are in a poor state of repair. Noting the broad application of the Convention in relation to all activities involving the exposure of workers to asbestos in the course of their work, and the responsibilities of employers set out in the Convention, including under Article 15(3) and (4) concerning exposure to asbestos dust, the Committee requests the Government to provide information regarding the implementation in law and practice of the Convention in relation to workers who are exposed to asbestos in workplaces even though they may not be working directly with it.

Article 6(3). Consultation with the health services in preparing emergency procedures. The Committee notes the Government’s indication that section 73 of Act No. 102/2009, as amended by Act No. 3/2014, approving the legal framework for the promotion of safety and health at work, provides for the participation of occupational health and safety services in formulating and developing emergency procedures, and that workers’ representatives have access to general information on the results of health monitoring. The Committee requests the Government to provide further information on the preparation of emergency procedures for work involving exposure to asbestos and to indicate whether such procedures were developed in consultation with the concerned workers’ representatives.

Article 14. Responsibility of manufacturers for the labelling of products containing asbestos. The Committee notes that while the Government indicates that Legislative Decree No. 101/2005 introduced regulations regarding the labelling of asbestos, the Decree does not specify details of the language used on the labels or where the responsibility lies for labelling. In this regard, the Committee refers the Government to Paragraph 20 of the Asbestos Recommendation, 1986 (No. 172), which provides guidance on labelling requirements for producers and suppliers of asbestos and manufacturers and suppliers of products containing asbestos. The Committee requests the Government to provide information on the measures taken in law and practice to ensure that producers and suppliers of asbestos and manufacturers and suppliers of products containing asbestos are made responsible for adequate labelling of the container and, where appropriate, the products.

Articles 20 and 21. Occasional exposure to asbestos. Measurement of the concentration of airborne asbestos dust in workplaces and medical examinations. With reference to its previous comments, the Committee notes the Government’s indication that Legislative Decree No. 266/2007, on the protection of workers from the risks related to exposure to asbestos at work, is applicable to all sectors of activity. It requires that the Authority for Working Conditions (ACT) must be notified of all cases of activities in which workers are exposed to asbestos. However, the Government indicates that pursuant to section 23 of the Decree, it is possible to exclude the application of certain of the Decree’s provisions to workers performing specific tasks, such as air-quality monitoring or the collection of samples to detect the presence of asbestos in a given material, during which they are sporadically exposed to a concentration of airborne asbestos fibres not exceeding a certain maximum limit value. These provisions are section 3 (on notification), section 11 (on the establishment and implementation of the workplan), section 19 (on health surveillance), section 20 (on the results of health monitoring), section 21 (on the registration and filing of documents) and section 22 (on the keeping of records and files). The Committee requests the Government to provide information on the manner in which the concept of “sporadic exposure to asbestos” is defined and to indicate the criteria distinguishing between sporadic and regular exposure to asbestos under the national legislation. The Committee requests the Government to provide detailed statistics in relation to notifications made to the ACT including in relation to both permanent or sporadic exposure. It also requests the Government to indicate the measures taken or envisaged to ensure: that employers measure the concentration of airborne asbestos dust in the workplace and monitor the exposure of workers to asbestos; and that workers occasionally exposed to asbestos are provided with medical examinations, in line with Article 21(1) of the Convention.

Application in practice. The Committee notes the statistical data provided by the Government concerning the number of notifications regarding measures introduced and the number of contraventions identified in relation to asbestos between 2009 and 2013. It also notes the data provided on illnesses directly resulting from exposure to asbestos between 2007 and 2012. The Committee requests the Government to provide detailed information on measures taken to investigate the causes of the cases of asbestosis and mesothelioma identified. It requests the Government to continue to provide detailed information on the application of the Convention in practice, including statistics on the number of workers exposed to asbestos in their workplace, the number, nature and cause of cases of occupational disease reported and the activities carried out by the labour inspection services to enforce the relevant legislation.

[The Government is asked to reply in detail to the present comments in 2017.]