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

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

The Committee notes the information provided by the Government in its first report.

Article 1 of the Convention. Scope of application. The Committee notes the Government’s indication that the Convention applies to all workers in the construction industry and encompasses all areas of activity connected with workers’ exposure to asbestos. The Committee requests the Government to provide information on the manner in which it ensures, in law and in practice, the full application of the Convention to all activities involving exposure of workers in the course of work, including but not limited to work in the construction sector, and on any exclusions of particular undertakings from the application of certain provisions of the Convention.

Article 3. Laws and regulations concerning the prevention and control of, and protection of workers against, health hazards due to occupational exposure to asbestos. The Committee notes the Government’s indication that pursuant to section 2 of the Labour Code, international treaties ratified by the country are applied directly to labour relations except in cases where the international treaty requires the adoption of legislation for its application. In this respect, the Committee would like to stress that Convention No. 162 is not a self-executing instrument, and thus ratifying states are under the obligation to take the necessary measures to bring their national laws and practice into conformity with the provisions of this Convention. It notes that the Government provides a list of legislation and regulations and refers under this Article to section 33 of the Code on public health and the health care system concerning medical care, section 23 of the Labour Code concerning basic rights and obligations of the employer, section 322 of the Labour Code relating to general provisions on investigation and recording of accidents, and Regulations on Occupational Safety and Health in the extraction and processing of chrysotile asbestos minerals of 17 June 2015. However, the Government does not indicate the specific measures to be taken for the prevention and control of, and protection of workers against, health hazards due to occupational exposure to asbestos provided by these laws and regulations, in conformity with the Convention. Consequently, the Committee requests the Government to provide information on measures taken or envisaged to give effect to this Article of the Convention, including any legislative developments concerning the prevention and control of, and protection of workers against, health hazards due to occupational exposure to asbestos, and to submit copies of the relevant legislation, if possible in one of the working languages of the ILO.

Article 4. Consultations with the most representative organizations of employers and workers. The Committee notes that pursuant to section 260 of the Labour Code, cooperation between the social partners is ensured through social partnership bodies, namely the National Tripartite Commission for social partnership and regulation of social and labour relations, and sectoral and regional commissions, which reconcile the interests of the social partners through consultations and negotiations. The Committee requests the Government to provide further information on the manner in which the most representative organizations of employers and workers concerned are consulted by the competent authority on the measures to be taken to give effect to the provisions of the Convention and on the outcome of these consultations.

Article 6(2). Cooperation between employers undertaking activities simultaneously at one workplace. The Committee notes the Government’s indication that, pursuant to section 1.5 of SNiP RK 1.03-05-2001 on occupational safety and health in construction, the general contractor for worksites where subcontractors are hired must draft an action plan guaranteeing safe working conditions and coordinate the implementation of the plan’s measures by the subcontractors. The Committee wishes to draw the Government’s attention to the fact that Convention No. 162 is not limited to the construction sector and applies to all activities involving exposure of workers to asbestos in the course of work. The Committee requests the Government to provide information on the measures taken or envisaged to ensure the application of this Article to all workplaces where workers are exposed to asbestos in the course of their work, including but not limited to the construction sector.

Article 11. Prohibition of the use of crocidolite. Article 12. Prohibition of the spraying of all forms of asbestos. The Committee notes the Government’s indication that crocidolite and products containing crocidolite are not used in the country, and that the spraying of asbestos is prohibited. However, it notes that the Government does not indicate whether these prohibitions are prescribed in legislative or regulatory instruments. The Committee requests the Government to take the necessary measures to give legislative effect to these Articles of the Convention and to provide information in this regard.

Article 15(1) and (2). Definition of the limits for the exposure of workers to asbestos and review of these limits. The Committee notes the Government’s indication that the threshold limit values are established in R2.2.755-99 on health criteria for evaluating and classifying working conditions according to the level of harm and danger of hazards and dangers presented by the working environment, physical strain and intensity. However, the Committee notes that R2.2.755-99 was not supplied with the Government’s report and that it is therefore unable to evaluate the effect given to this Article of the Convention. The Committee requests the Government to provide a copy of R2.2.755-99 with its next report, if possible in one of the working languages of the ILO, and to provide further information on the measures taken to ensure that effect is given to Article 15(1) and (2) of the Convention.

Article 7. Duties of workers to comply with safety and hygiene procedures. Article 8. Cooperation of employers and workers or their representatives. Article 9. Measures of prevention and control of exposure to asbestos. Article 10. Replacement or total or partial prohibition of asbestos, when technically practicable. Article 13. Requirement for employers to notify the competent authority of the types of work involving exposure to asbestos. Article 14. Responsibility for labelling of containers and products containing asbestos. Article 15(3). Adoption of appropriate measures to prevent or control the release of asbestos dust into the air. Article 16. Responsibility of employers for the prevention and control of the exposure of workers. Article 17. Demolition of plants or structure containing asbestos, and removal of asbestos from buildings or structures. Article 18. Special protective clothing and facilities for workers exposed to asbestos. Article 19. Disposal of waste containing asbestos. Article 20. Measurement of the concentration of airborne asbestos dust in workplaces and records. Article 21. Medical examinations after termination of employment and other means to maintain the income when assignment to the work is found to be medically inadvisable. Article 22(2) and (3). Written policies and procedures and information for workers. Regarding the application of these provisions, the Committee notes that the Government provides general information or no information at all. The Committee is therefore unable to effectively appreciate the manner in which these provisions are applied in the country. The Committee requests the Government to provide further information on the measures taken, in law and in practice, to give effect to the specific requirements of each of the abovementioned provisions.

Application in practice. The Committee notes the Government’s indication that companies with a total of 1,789,400 workers were inspected in 2013, with over 9,500 violations detected and 719 cases of occupational diseases recorded. However, no details are provided with regard to the nature of the recorded occupational diseases and no information specific to asbestos is provided. The Committee requests the Government to provide information on the manner in which the Convention is applied in practice in the country and to supply statistical data, where it exists, on the number of workers covered by the legislation, the number and nature of the contraventions reported and the number of cases of occupational disease reported as being caused by asbestos.