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

Asbestos Convention, 1986 (No. 162) - Colombia (Ratification: 2001)

The Committee notes the observations of the Confederation of Workers of Colombia (CTC), received on 29 August and 4 September 2015, and also the observations of the Single Confederation of Workers (CUT), received on 2 September 2015. The Committee further notes the observations of the National Employers Association of Colombia (ANDI), received on 1 September 2015. As regards the latest communications from the CTC, the Committee notes that the CTC indicates that it was unable to formulate them before 1 September because it was on that day that it received a copy of the Government’s report. The Committee requests the Government to send its comments on the abovementioned observations.

Article 3(2) of the Convention. Periodic review of national laws and regulations in the light of technical progress and advances in scientific knowledge. Article 14. Responsibility for adequate labelling of the containers and, where appropriate, products containing asbestos. Definition of materials containing chrysotile. With reference to its previous comments, the Committee notes the Government’s indication in its report that the reference used when issuing Decision No. 007 of 4 November 2011 of the Ministry of Health and Social Security adopting the Regulations on health and safety in relation to chrysotile and other fibres of similar use was the OSHA 1926.1101 standard which, among other provisions, establishes that products shall not be labelled when asbestos is present in a product to a concentration of less than 1 per cent. The Committee already noted that the International Agency for Research on Cancer (IARC) classifies asbestos in all its forms among group 1 carcinogens and that, according to the IARC, scientific knowledge does not allow a limit value to be established below which asbestos might no longer be carcinogenic. The establishment of limit values is conventional and evolutive, and changes according to the country. Taking into account the fact that chrysotile asbestos is classified by the IARC as carcinogenic for humans, that there is no identifiable limit value below which asbestos is not carcinogenic and that Article 14 of the Convention does not establish such limits, the Committee considers that products containing asbestos, irrespective of the percentage, must not be considered “free of asbestos” in relation to the Convention. It should be recalled that Article 14 forms part of Part III of the Convention on “Protective and preventive measures”, and that the measures referred to in the Article need to be considered from this viewpoint. For example, in certain types of work, such as the removal of products containing less that 1 per cent of asbestos, if they were considered to be “free of asbestos”, the necessary preventive and protective measures for workers engaged in this operation would not be taken during removal. As noted above, the Committee indicates that products with less than 1 per cent asbestos are not considered under the Convention to be asbestos free. The Committee therefore urges the Government to re-examine the concept of “free of asbestos” for products containing less than 1 per cent chrysotile fibre in light of its obligations under the Convention and to provide information on measures taken to ensure that labelling is in conformity with the Convention.

Article 4. Consultation of the most representative organizations of employers and workers concerned on the measures to be taken to give effect to the provisions of the Convention. In relation to its previous comments, the Committee notes with interest the Government’s indication in its report that at the meeting of the Tripartite Subcommittee on International Affairs held on 27 August 2015 it was agreed with the employers and workers that the Ministry of Labour would ask the presidents of the three confederations representing the workers and the employers to appoint one representative each to participate in the National Commission on Chrysotile Asbestos and Other Fibres. The Committee requests the Government to provide information on the consultations on the Convention held in the aforementioned Commission or in any other commission where the three confederations are represented, including the results of such consultations.

Article 9(a). Making work, in which exposure to asbestos may occur, subject to regulations prescribing adequate engineering controls and work practices, including workplace hygiene. Antioquia mine. The Committee notes the Government’s indication that the Antioquia mine is operating and that it provides general information on plans and strategies for occupational health and safety measures at the mine. Mindful of the carcinogenic nature of asbestos and recalling the obligations imposed in Article 9(a) of the Convention for the protection of those working with asbestos, the Committee requests the Government to provide detailed information as to the protective measures and work practices already adopted in relation to the Antioquia mine, and a timetable for any such measures to be adopted in the future.

Article 17. Demolition work. Authorization for demolition work and elimination to be undertaken only by employers or contractors who are recognized by the competent authority as qualified to carry out such work. Requirement to establish a workplan and consultation of the workers or their representatives. In relation to its previous comments, the Committee notes the Government’s indication that asbestos is not used as a thermal insulation material in Colombia, nor is there any evidence of the use of asbestos-based friable insulation materials for construction, hence there is no release of asbestos dust and no workers are exposed to it. The Committee notes that Article 17 of the Convention applies not only to the “demolition of plants or structures containing friable asbestos insulation materials” but also to the “removal of asbestos from buildings or structures in which asbestos is liable to become airborne”. The Committee observes that even though non-friable materials are concerned and regardless of how they are used in building, fibre cement products may contain between 10 and 15 per cent asbestos. There is a risk that such asbestos can become airborne during the removal of asbestos from buildings or structures when the latter are dismantled and fibre cement products and residues are handled. The Committee notes that paragraph 4.5 of Decision No. 007 of 2011 regulates prevention and protection measures in construction, alteration and demolition work, including where the asbestos fibres are encapsulated or fixed in a binding agent. The Committee emphasizes that the terms of Article 17 of the Convention require these measures to be supplemented to ensure that the demolition work referred to by this Article is undertaken only by employers or contractors who are recognized by the competent authority as qualified to carry out such work and who have been empowered to undertake such work. The Committee therefore once again requests the Government to establish a system whereby only employers or contractors who are recognized by the competent authority as qualified to carry out such work in accordance with this provision of the Convention can undertake it, and requests the Government to supply information on this matter. The Committee also requests the Government to draw up a workplan in the terms laid down in Article 17(2) and to provide information in this regard.

The Committee is raising other points in a request addressed directly to the Government.

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