Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Asbestos Convention, 1986 (No. 162) - Uganda (Ratification: 1990)

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Articles 3–12, 14–16, 18 and 20–21 of the Convention. Regulations to implement the Convention. The Committee notes the Government’s indication in its report that it is currently developing a draft Hazardous Substances Regulation, with specific parts addressing the handling and disposal of asbestos. The Government indicates that the draft is currently an internal document within the Occupational Safety and Health Department of the Ministry of Gender, Labour and Social Development, but that it will be subsequently discussed in a tripartite forum with the social partners. The Government further indicates that it has faced a delay in the development of this legislation due to financial constraints and need for further technical support in drafting. The Committee urges the Government to take the necessary measures to ensure the finalization of regulations addressing occupational exposure to asbestos in the near future, in accordance with Article 3 of the Convention. It requests the Government to ensure that these regulations give full effect to Articles 5, 6, 7, 8, 9, 10, 11, 12, 14, 15, 16, 18, 20 and 21 of the Convention with a view to ensuring the prevention and control of, and protection of workers against, health hazards due to occupational exposure to asbestos. The Committee reminds the Government of the possibility to avail itself of ILO technical assistance in this regard. Lastly, it requests the Government to provide information on the consultations held with the most representative organizations of employers and workers in this respect.

Articles 5 and 22. Enforcement, information and education. The Committee notes the Government’s statement that the Occupational Safety and Health Department, as well as the National Environment and Management Authority (NEMA), address hazardous materials, including asbestos, in the course of inspections. The Government states that where work activities are detected that involve the handling of asbestos, the Department, working with NEMA inspectors, will share the NEMA safe work procedures on asbestos handling and disposal. The Government further states that while inspectors will educate workers in the course of inspections, there have been no organized arrangements for education and information dissemination on work with asbestos. In addition, the Government states that the Department previously produced information sheets for distribution to districts and held seminars on a regular basis, but that this has not been possible in the last decade due to budget cuts. The Committee urges the Government to take measures to strengthen the implementation of the Convention with a view to protecting workers against health hazards due to occupational exposure to asbestos. It requests the Government to take measures to promote the dissemination of information and the education of all concerned with regard to health hazards due to exposure to asbestos and to methods of prevention and control, in accordance with Article 22 of the Convention.

Article 17(1). Demolition and asbestos removal work. The Committee notes the Government’s statement that the OSH Department has been informed of cases where contractors undertake the removal of asbestos from buildings or structures without the competence required by the NEMA and without providing notification prior to the work commencing. The Government indicates that in these cases, there had also been no work plan for the protection of workers, no procedures for limiting and controlling asbestos emission into the air and no proper disposal arrangements. The Committee urges the Government to take the necessary measures to ensure that the removal of asbestos shall only be undertaken by employers or contractors who are recognized by the competent authority as qualified to carry out such work, in accordance with Article 17. It further requests the Government to ensure that such employers or contractors are required, before starting demolition work, to draw up a work plan specifying the measures to be taken, including to: (i) provide all necessary protection to the workers; (ii) limit the release of asbestos dust into the air; and (iii) provide for the disposal of waste containing asbestos.

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