Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Bolivia (Plurinational State of)

Asbestos Convention, 1986 (No. 162) (Ratification: 1990)
Safety and Health in Construction Convention, 1988 (No. 167) (Ratification: 2015)

In order to provide a comprehensive view of the issues relating to the application of ratified occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine Conventions Nos 162 (asbestos) and 167 (OSH in construction) together.

Protection against specific risks

Asbestos Convention, 1986 (No. 162)

Articles 3 and 4 of the Convention. Legislation and consultation. Further to its previous comments, the Committee notes that the Government once again refers to the OSH management programmes, to the General Act on Occupational Safety, Health and Welfare, adopted by Legislative Decree No. 16998 of 2 August 1979, and to Supreme Decree No. 2936 of 2016, regulating Act No. 545 of 14 July 2014, on safety in construction. The Committee notes that neither the management programmes nor the standards referred to contain specific regulations on asbestos. However, the Committee notes the following: (i) the Regulation on air pollution of 8 December 1995 classifies asbestos as a carcinogenic substance and includes it in the list of hazardous pollutants to be considered in the preparation of air emission inventories (Annex 3); (ii) the Environmental Regulation for the industrial manufacturing sector, adopted by Supreme Decree No. 26736 of 30 July 2002, considers asbestos an extremely hazardous substance (Annex 10-A) and includes asbestos in fine dust form among the carcinogenic substances (particularly chrysotile, crocidolite, amosite, anthophyllite, actinolite and tremolite with less than 2.5 micrometres) to be considered in the preparation of air emission inventories (Annex 12-A); and (iii) the Environmental Regulation for mining activities, adopted by Supreme Decree No. 24782 of 31 July 1997, stipulates that asbestos in all its chemical forms is considered a hazardous pathogenic substance (Annex I). In this regard, the Committee once again recalls that the resolution concerning asbestos, adopted by the 95th Session of the International Labour Conference in June 2006, considered that all forms of asbestos are classified as known human carcinogens and stated that the elimination of the future use of asbestos and the identification and proper management of asbestos currently in place are the most effective means to protect workers from asbestos exposure and to prevent future asbestos-related diseases and deaths. The Committee requests the Government to ensure that national legislation prescribes specific measures, not only for the industrial manufacturing and mining sectors, to: (i) prevent and control health hazards due to occupational exposure to asbestos; and (ii) protect workers against such risks. The Committee also requests the Government to guarantee consultation with the most representative organizations of employers and workers concerned, with regard to such measures, in accordance with Article 4 of the Convention.

Articles 9, 10, 11 and 12. Measures by law or regulation to prevent or control exposure to asbestos, including replacement or prohibition. Prohibition of the use of crocidolite and spraying. Further to its previous comments, the Committee notes the Government’s reference to Technical Safety Standard (NTS) 009/23, adopted by Ministerial Decision No. 992/23, of 9 July 2023, on the submission of the OSH management programme and once again refers to NTS 008/17, adopted by Ministerial Decision No. 387/17, of 17 May 2017, on work in confined spaces in relation to exposure limits. The Committee notes that these standards do not specifically regulate asbestos. However, the Committee notes the following: (i) section 61 of the Environmental Regulations for the industrial manufacturing sector sets out that the industry shall take steps to replace or minimize the use of the substances identified as extremely hazardous in Annex 10-A, which include asbestos; and (ii) in accordance with Annex 12-A of the Regulations, fine dust asbestos of less than 2.5 micrometres, including crocidolite, is considered a carcinogenic and extremely dangerous substance. The Committee requests the Government to take the necessary measures to ensure that the national legislation gives full effect to Articles 9 and 10 (measures by law or regulation for prevention or control), 11 (prohibition of crocidolite) and 12 (prohibition of spraying) of the Convention in all sectors and industries.

Article 15(3). Measures to prevent or control the release of asbestos dust and to ensure compliance with exposure limits. Further to its previous comments, the Committee notes that the Government refers to Ministerial Decision No. 1444/23 of 26 September 2023, adopting the General Regulations on Labour Inspection. The Committee also notes that the Environmental Regulations for the industrial manufacturing sector set out that: (i) processes that emit gases, particulate matter and vapours will be considered as a priority (section 65); (ii) the industry is responsible for the prevention and control of pollution generated by its emissions, and must take steps to replace fuels with those that minimize the generation of particulate matter emissions (section 66); (iii) the industry must comply with the permissible limits for pollutant emissions set out in Annex 12-A, which include fine dust asbestos; and (iv) self-monitoring should be carried out at least annually of any element generated by their activities in the form of emissions (section 69). The Committee requests the Government to: (i) take the necessary measures to ensure that exposure to asbestos is reduced to as low a level as is reasonably practicable in all sectors and industries, not only in manufacturing; and (ii) provide information on the specific measures taken by labour inspection to ensure compliance in practice with asbestos exposure limits.

Article 16. Practical measures taken by the employer for the prevention and control of exposure. Further to its previous comments, the Committee notes that, while the Government refers to the General Regulations on Labour Inspection with regard to OSH technical inspections, it has not provided information on the obligation of each employer to establish and apply practical measures for the prevention and control of the exposure of the workers that they employ to asbestos, in accordance with Article 16. The Committee notes that the Environmental Regulations for the manufacturing industry sector and the Environmental Regulations for mining activities provide for certain obligations relating to prevention and control of dangerous substances, which include asbestos. The Committee requests the Government to take specific measures to ensure that employers are responsible for the establishment and implementation of practical measures for the prevention and control of the exposure to asbestos of the workers they employ and for their protection against the hazards due to asbestos, in all sectors and industries, not only the manufacturing and mining sectors.

Article 20(2), (3) and (4). Keeping records of the monitoring of the working environment. Access to such records. Right to request the monitoring of the working environment. Further to its previous comments, the Committee notes the Government’s indication that, pursuant to NTS 009/23, within the framework of the submission of the OSH management programme, the employer must conduct health surveys and/or monitoring, where appropriate, concerning the chemical pollutants in the working environment and suspended particulate matter. The surveys and monitoring are valid for one year. However, the Government notes that NTS 009/23 does not provide for a minimum preservation period for the surveys or monitoring, nor the right of workers and their representatives to access and request such supervision. The Committee once again urges the Government to take specific legislative or other measures without delay to ensure that: (i) the records of the monitoring of the working environment and of the exposure of workers to asbestos are kept for a period prescribed by the competent authority (Article 20(2)); (ii) the workers concerned, their representatives and the inspection services have access to these records (Article 20(3)); and (iii) the workers or their representatives have the right to request supervision of the working environment and to appeal to the competent authority concerning the results of the supervision (Article 20(4)).

Article 21(3) and (4). Information on medical examinations. Other means of maintaining income when assignment to work involving exposure to asbestos is inadvisable. The Committee once again requests the Government to adopt specific measures without delay to ensure that: (i) workers are informed in an adequate and appropriate manner of the results of their medical examinations and receive individual advice concerning their health in relation to their work (Article 21(3)); and (ii) when continued assignment to work involving exposure to asbestos is found to be medically inadvisable, every effort is made, consistent with national conditions and practice, to provide the worker concerned with other means of maintaining their income (Article 21(4)).

Protection in specific branches of activity

Safety and Health in Construction Convention, 1988 (No. 167)

Article 12(2) of the Convention. Obligation of the employer to take immediate steps to stop the operation and evacuate workers Further to its previous comments, the Committee notes that the Government once again refers to the provisions of Supreme Decree No. 2936, and the obligations concerning fire drills provided for in the General Act on Occupational Safety, Health, and Welfare, and the obligation to draw up an emergency plan under NTS 009/23. The Committee notes, however, that none of these provisions set out the obligation to stop the operation and evacuate workers where there is an imminent and serious threat to their safety. The Committee once again requests the Government to adopt, without delay, the necessary legislative or other measures to ensure that employers are specifically obliged to take immediate steps to stop the operation and evacuate workers as appropriate, where there is an imminent and serious danger to their safety.

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