Asbestos Convention, 1986 (No. 162) - Australia (Ratification: 2011)

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 3(1) of the Convention. National laws or regulations prescribing the measures to be taken for the prevention and control of health hazards due to occupational exposure to asbestos. The Committee previously noted the nationwide ban on the sale, use, exportation and importation of asbestos in all its forms. The Committee notes the Government’s response, in relation to the Committee’s request, that the jurisdictions of Western Australia and Victoria have not yet harmonized their legislation with the Model Work Health and Safety (WHS) legislation, including their asbestos legislation. The Committee requests the Government to continue to provide information on any legislative developments concerning the legislation in Western Australia and Victoria concerning asbestos.

Article 3(3) and (4). Permitted derogations from preventive and protective measures. The Committee previously noted the observations made by the Australian Council of Trade Unions (ACTU) according to which section 466 of the WHS Regulation 2011 (Queensland) provided that licensed asbestos removalists were no longer required to notify the regulator five days prior to removal work when “the work is necessary due to flooding or severe weather conditions”. In reply to the Committee’s request, the Government indicates that the National Exemptions Framework to ensure consistency between jurisdictions in granting exemptions under model WHS laws as developed by Safe Work Australia continues to be applicable. The Committee notes from the information on the website of the Queensland Workplace Health and Safety that the possibility in the WHS Regulation (Queensland) to make an exemption from compliance with section 466 was again used in Queensland in case of removal work necessary due to flooding or severe weather conditions and will apply from 2018 to 2023. The Committee once again requests the Government to provide information on the manner in which it ensures that the necessary precautions are taken to protect the workers’ health in the limited situations where the regulator does not receive prior notice to the undertaking of removal work.

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 welcomes the detailed information provided by the Government concerning the National Strategic Plan for Asbestos Management and Awareness 2014–18, and the work of the tripartite Asbestos Safety and Eradication Council, entrusted to engage with jurisdictions and stakeholders to create a nationally consistent approach to the eradication, handling and awareness of asbestos. The Committee requests the Government to provide information on the results achieved following the implementation of the National Strategic Plan as regards the protection of workers from risks relating to asbestos.

Article 6(3). Preparation of procedures for dealing with emergency situations. The Committee notes the Government’s response in reply to the Committee’s previous request concerning the preparation of emergency procedures, as regards the Australian Capital Territory and the maritime sector, indicating that the provisions of the Model WHS Act relating to emergency procedures have been adopted in the Territory and are proposed to be adopted in legislation applicable to the maritime sector. The Committee notes that the Government has not provided a reply in response to the Committee’s request concerning the application of this Article of the Convention in Western Australia. The Committee requests the Government to provide information on any legislative developments regarding the adoption of provisions on emergency procedures in the maritime sector. Noting that the jurisdiction of Western Australia has not yet harmonized its legislation with the Model WHS legislation, the Committee once again requests the Government to provide information on the preparation of emergency procedures involving exposure to asbestos in that jurisdiction.

Article 15(2) and (3). Periodical review of the exposure limits or other exposure criteria and measures taken to prevent and control the release of asbestos in the air and to reduce the exposure level to as low a level as is reasonably practicable. In its previous comment, the Committee requested the Government to provide additional information on the manner in which it is ensured that workers, especially in the maritime industry, are aware of the limit value of the asbestos exposure standards and how it is enforced. In this regard, the Committee notes the Government’s information on the guidance provided to employers and workers in the maritime sector, such as through the Code of Safe Working Practice for Australian Seafarers, including on the requirements to provide information to workers on exposure limits. The Committee also notes that the Australian Maritime Safety Authority (AMSA) is the authority entrusted with enforcing the requirements on safety and health, including those on asbestos. The Committee also notes the information on the review of the exposure limits of asbestos under the WHS Regulations that is then incorporated into a number of Model Codes of Practice and guidance.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes the comprehensive first report concerning the application of the Convention, received on 2 September 2013, and the communication by the Australian Council of Trade Unions (ACTU) received on 30 October 2013.

The Committee notes with interest the detailed measures relating to asbestos taken by the Government, including legislation, regulations and codes of practice introduced under the Model Work Health and Safety framework. The Committee also welcomes the information in the Government’s report that most jurisdictions introduced a ban on the mining of raw asbestos and the manufacture, import and installation of products containing crocidolite (blue), and mosite (brown or grey) asbestos from 31 December 1984; and that in 2001 the National Occupational Health and Safety Commission declared a prohibition on all uses of chysotile asbestos to take effect from 31 December 2003. The Committee notes that the Government of Queensland, a major mining state, has not provided any information for this report. The Committee requests the Government to provide information on the application of the Convention in law and in practice by the Government of Queensland.

The Committee also notes the comments by the ACTU that all Governments with the exception of Western Australia and Victoria, have adopted harmonized Work Health and Safety (WHS) legislation, including harmonized asbestos regulations. The Committee notes however, from the website of the Department of Commerce of the Government of Western Australia that the mining industry in Western Australia will continue to be regulated by the Resources Safety Division (RSD) of the Department of Mines and Petroleum; but WorkSafe has been liaising closely with RSD and the intention is for the mining safety laws to adopt the model WHS Act and model WHS Regulations. Furthermore, the Committee notes from the ACTU’s communication that all states and territories with the exception of Victoria have agreed to support the National Strategic Plan for Asbestos Awareness and Management 2013–18. The Committee invites the Government to respond to the comments by the ACTU and to take measures to encourage the Governments of Victoria and Western Australia to adopt the model WHS Act and the model WHS Regulations in the near future.

Article 3(1) and (2) of the Convention. Measures to be taken for the prevention and control of health hazards due to occupational exposure to asbestos and periodical review in the light of technical progress and scientific knowledge. The Committee notes from the Government’s report that Chapter 3A of the Australian Capital Territory Dangerous Substances Act, 2004, includes specific provisions relating to asbestos; however, these provisions do not include measures to be taken for the prevention and control, and protection of workers against, health hazards due to occupational exposure to asbestos. The Committee also notes the information in the report that the Government of the Australian Capital Territory is in the process of reviewing the Dangerous Substances Act to incorporate the national harmonized WHS provisions relating to asbestos (Chapter 8: Model Work Health and Safety Regulations). Furthermore, the Committee notes from the Government’s report that in Western Australia’s Mines Safety and Inspection Regulations 1995, there is no indication of provisions regarding prevention and control of workers against, health hazards due to occupational exposure to asbestos. Finally, the Committee notes that section 9 of the Occupational Health and Safety (Maritime Industry) Act 1993 (the OHS(MI) Act) relates to the function conferred on the Authority; however, these functions do not include periodic review in light of technical process and advances in scientific knowledge. The Committee asks the Government to provide information on any legislative developments in the Australian Capital Territory and in Western Australia regarding fuller implementation of the Convention in those jurisdictions. The Committee also requests the Government to adopt the appropriate measures to ensure the periodical review of the OHS(MI) Act and Regulations and to provide detailed information on this subject.

Article 3(3) and (4). Permitted derogations from the preventive and protective measures. The Committee notes that pursuant to the information in the Government’s report, the competent authority may grant temporary derogations, however, the number and limits of time for such derogations as well as the precautions taken to protect worker’s health with regards to asbestos contamination is not indicated in the Government’s report. The Committee further notes the comments by the ACTU regarding the exemption granted to the Government of Queensland until February 2018, whereby licensed asbestos removalists are no longer required to notify the regulator prior to removal work when ‘the work is necessary due to flooding or severe weather conditions’ (section 466 WHS Regulation 2011 (Ql.). It notes that the ACTU considers that this measure is not in accordance with Article 6(3) of the Convention. The Committee considers, that this exemption amounts to a temporary derogation authorized by the competent authority, whereby the Government is required to comply with Article 3(4) of the Convention ensuring that the necessary precautions are taken to protect worker’s health. In light of these comments, the Committee therefore asks the Government to provide information on the number of derogations which have been granted, the precautions taken to protect worker’s health as well as information on the application in practice of Article 3(3) and (4) of the Convention.

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 welcomes the establishment of the Asbestos Management Review (AMR) which was commissioned by the Australian Government in 2010 and made 12 recommendations, one of which is the development of a national strategic plan to improve asbestos awareness and management by 30 June 2013. This Plan aims to prevent exposure to asbestos fibres in order to eliminate asbestos related diseases in Australia through increasing public awareness, prioritized removal program, developing nationally consistent better practice in asbestos handling and management, coordinating a national research to minimize risk of exposure to asbestos and playing a leadership role in the global campaign worldwide asbestos ban. Furthermore, the Committee notes from the Government’s report that the Asbestos Safety and Eradication Agency, a tripartite agency, commenced operation on 1 July 2013 as Australia’s first national, independent agency dedicated to working with jurisdictions and stakeholders to create a nationally consistent approach to the eradication, handling and awareness of asbestos; and will implement the National Strategic Plan for Asbestos Awareness and Management. The Committee also notes from the www.asbestossafety.gov.au website that the Agency in collaboration with Comcare, are jointly hosting the 2013 National Asbestos Forum, in November 2013, which will provide an opportunity to hear from industry experts who will share their insights to enhance asbestos awareness, education and collaboration. The Committee requests the Government to provide information on the implementation in practice of the National Strategic Plan for Asbestos Awareness and Management as well as information on the outcome of the consultations held at the 2013 National Asbestos Forum.

Article 6(3). Preparation of procedures for dealing with emergency situations. The Committee notes that the Government’s report is silent regarding the application of this provision to emergency situations in relation to work with asbestos in the Maritime Industry, Western Australia and the Australian Capital Territory. The Committee requests the Government to provide further information on the preparation of emergency procedures in law and in practice for work involving exposure to asbestos and to indicate whether such procedures were developed in cooperation with the occupational safety and health services, and in consultation with the workers’ representatives concerned.

Article 14. Responsibility of producers and suppliers of asbestos, and manufacturers and suppliers of products containing asbestos, for adequate labelling. The Committee notes with interest the information in the Government’s report that the sale, use, exportation and importation of asbestos has been controlled in Australia through a nationwide ban of all its forms since 31 December 2003.

Article 15(2) and (3). Periodical review of the exposure limits or other exposure criteria and measures taken to prevent and control the release of asbestos in the air and to reduce the exposure level to as low a level as is reasonably practicable. The Committee notes from the Government’s report that, despite the introduction of a prohibition on asbestos, it is recognized that issues still remain in relation to in situ asbestos containing materials and the processes surrounding their maintenance, removal and disposal including in the maritime industry. The Workplace Exposure Standards for Airborne Contaminants, published by Safe Work Australia, stipulate that the current national exposure standard for asbestos is 0.1 f/mL Time Weighted Average (TWA) over an eight hour day. The Committee also notes the information in the Government’s report that Safe Work Australia routinely evaluates and updates the exposure standards and in addition to this, and as part of the introduction of the model WHS laws, the framework for workplace exposure standards is also currently under review. The Committee requests the Government to provide additional information on the manner in which it is ensured that workers, especially in the maritime industry, are aware of this limit value and that it is enforced. The Committee also asks that the Government provide further information on the revision of the framework for Workplace Exposure Standards for Airborne Contaminants.