Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Asbestos Convention, 1986 (No. 162) - North Macedonia (Ratification: 1991)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 3(2), 10 and 11 of the Convention. Periodic review in light of technical progress and advances in scientific knowledge and measures to regulate or prohibit the use of asbestos. The Committee takes due note of the Government’s indication in its report that the List of Prohibition and Restrictions for Use of Chemicals (No. 57/2011) (the List) issued in accordance with section 8 of the Law on Chemicals (LC) (No. 145/10) prohibits the marketing, production and use of all types of asbestos, as well as products containing fibres of asbestos (crocidolite, amosite, chrysotile, tremolite, anthophyllite, actinolite), though with certain time-bound exceptions in terms of the use of diaphragms containing chrysotile which are part of the existing installations for electrolysis, reinforced asbestos klingerit, and graphite braids, any products placed on the market before the adoption of the List, and the production, marketing and use of asbestos. The Committee notes that pursuant to the List, these exceptions were allowed until mid-2011 and only on condition that a high level of health protection was ensured. In addition, the Committee takes due note that the Ministry of Health has established the Department for Chemicals which is mandated to register operators performing activities for trade and production of chemicals including asbestos and inspection supervision, in order to fully implement the List and the LC. The Committee requests the Government to provide information on the work of the Department for Chemicals with respect to the implementation of the prohibition of asbestos, including any difficulties encountered in that respect.

Article 4. Consultations with the most representative organizations of employers and workers concerned regarding the measures to be taken to give effect to the provisions of the Convention. The Committee notes the Government’s indication, in response to the Committee’s request, that tripartite consultations are organized through professional meetings and coordination by the non-governmental organizations (NGOs). The Committee also notes with interest that the Action Plan for Implementation of the Safety and Health Strategy at Work for 2017–20, available on the website of the Ministry of Labour and Social Policy (MoLSP), which has been developed through the tripartite national OSH council in terms of section 43 of the Law on Safety and Health at Work (LSHW), establishes measures to be undertaken to examine the effects of asbestos including the development of a methodology for disease screening caused by exposure to asbestos. It further notes that the National Asbestos Profile and the National Programme for Eliminating the Asbestos-related Diseases have been adopted through tripartite consultation. It requests the Government to continue to provide information on the manner in which the employers’ and workers’ organizations are consulted for developing the measures taken to give effect to the provisions of the Convention, including consultations within the context of the tripartite national OSH council. It also requests the Government to continue to provide information on the implementation of the National Programme for Eliminating the Asbestos-related Diseases.

Article 6(3). Procedures for dealing with emergency situations. With reference to the aforementioned ban on all types of asbestos and products containing fibres of asbestos, the Committee notes the Government’s indication of sections 17, 25, 26 and 27 of the LSHW concerning general emergency procedures. The Committee further notes that section 15(5) of the Rulebook on minimum requirements of safety and health of employees from the risks related to occupational exposure to asbestos provides that the mandatory training provided to workers must include procedures to be followed in the case of emergencies.

Articles 17(2) and (3), and 19. Demolition workplan. Disposal of waste. The Committee notes the information in the Government’s report, in reply to its previous comments, that the adoption of action plans prepared prior to the initiation of demolition and transfer of materials containing asbestos define the measures to be taken to ensure the safety and health of workers, through the participation of workers, in accordance with section 27(1)(2)(3) of the LSHW which obliges employers to allow employees, union representatives or employee representatives where there is no trade union, and representatives of employees for OSH, to participate in discussions for all OSH-related issues. It further notes that in accordance with section 14 of the Rulebook on minimum requirements of safety and health of employees from the risks related to occupational exposure to asbestos, the plan to be developed before work involving the removal of asbestos or demolition work involving materials containing asbestos must prescribe the necessary measures to ensure safety and health of employees. In accordance with section 13, in the case of demolition, removal or maintenance of buildings with materials containing asbestos, measures must be taken to prevent the spread of asbestos dust. Concerning consultation with workers, section 4 provides that the risks assessment undertaken for any activity likely to involve a risk of exposure to asbestos dust or materials containing asbestos shall be subject to consultation with workers or their representatives. Section 13(2) provides that, in the case of demolition, removal or maintenance of buildings with materials containing asbestos, where the air concentration limit value of asbestos may be exceeded, workers and/or their representatives shall be consulted on the protective measures to be taken. Lastly, with respect to waste disposal, the Committee notes that in accordance with section 8 of the Rulebook, asbestos or building materials containing asbestos shall be stored and transported in a properly sealed package and must be collected and removed from the workplace in properly sealed and labelled containers.

Article 21(3). Workers to be informed of the results of their medical examinations. The Committee notes the Government’s explanation, in reply to its previous request concerning medical examinations during the course of employment, referring to the Regulation on the type, manner, scope and price list of medical examinations for employees, that medical examinations are mandatory for all workers engaged in work involving increased risk of asbestos. The Government indicates that this Regulation makes mandatory medical examinations prior to the commencement of work at a workplace with exposure to asbestos and periodic examinations at a workplace involving exposure to asbestos. The Committee notes that pursuant to this Regulation, it is obligatory to inform workers of reports on their health and work capacity employers are obliged to refer workers to prior and periodic examinations and for doctors to submit the findings, opinions and recommendations based on the examinations.

Article 21(4). Maintenance of income for workers whose health is at risk. With reference to its previous comments, the Committee notes the detailed information in the Government’s report concerning disability compensation and insurance applicable to workers with temporary or permanent inability or disability to work due to occupational exposure to asbestos. It also takes due note of the right of workers concerned with the ability to work to vocational rehabilitation for a full-time job if they are younger than 50 years.

Article 21(5). Notification of occupational diseases. The Committee notes the Government’s statement in its report recognizing the issues regarding the under-reporting of occupational diseases. It therefore takes due note of the Government’s indication that the establishment of a new registration system for occupational diseases had been expected to start in early 2017. The Committee requests the Government to continue to provide information on the progress made in this regard, including the launch of the new registration system, its implementation, and the impact on the implementation of the Convention with respect to the notification of occupational diseases caused by asbestos.

Application of the Convention in practice. The Committee notes the Government’s indication that the MoLSP and the Ministry of Health are authorized to carry out inspections and submit data to the Institute of Public Health, which has developed standard forms for tracking activities related to exposure to asbestos. The Committee also notes the Government’s indication that the Health and Sanitary Inspection would initiate inspection supervisions by 2016 and collect statistics and produce quarterly reports on the numbers of medical examinations carried out on workers occupationally exposed to asbestos, jobs with a risk of exposure to asbestos and the workers concerned. The Committee requests the Government to continue to provide information on the application of the Convention in practice, including the number of inspections undertaken focusing on occupational activities with a risk of exposure to asbestos, the number and nature of the contraventions detected, the number of medical examinations carried out on workers occupationally exposed to asbestos and the number of occupational diseases reported as being caused by asbestos.