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

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

Article 3 of the Convention. Laws and regulations concerning the prevention and control of, and protection of workers against, health hazards due to occupational exposure to asbestos. Further to its previous comments, the Committee notes the Government’s reference in its report to the Order of the Ministry of Health No. 440 of 2011, approving the sanitary and epidemiological requirements for the maintenance and operation of facilities for the extraction and processing of chrysotile asbestos, the production of products and materials containing chrysotile and related working conditions. The Committee notes that Order No. 440 of 2011 was repealed by the Order of the Ministry of Health No. 362 of 2012. In this respect, the Committee notes with regret that the Government did not provide information on the adoption of new legislation giving effect to the Convention. It notes, in addition, the Government’s indications that: (i) occupational safety and health (OSH) regulations and practices are regularly assessed to determine their effectiveness, including their compliance with current requirements of international standards; and (ii) on the basis of this analysis, proposals are developed to update existing legislation. The Committee 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 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 take the necessary measures for the prevention and control of, and protection of workers against, health hazards due to occupational exposure to asbestos, in accordance with Article 3(1) of the Convention. It requests the Government to provide information on the measures taken in this respect, and to indicate the consideration given to technological progress and advances in scientific knowledge.

Articles 9, 10, 13, 14, 15(3), 16–21, 22(2) and (3). Application of the Convention in law and in practice. In view of the lack of information, the Committee once again requests the Government to provide information on the measures adopted to give effect to the requirements of the Convention concerning:

• the measures for the prevention and control of exposure to asbestos (Article 9);
• the replacement or total or partial prohibition of asbestos, when technically practicable (Article 10);
• the obligation of employers to notify the competent authority of the types of work involving exposure to asbestos (Article 13);
• the responsibility of producers and suppliers of asbestos and manufacturers and suppliers of products containing asbestos to label the containers and products containing asbestos (Article 14);
• the adoption of appropriate measures to prevent or control the release of asbestos dust into the air (Article 15(3));
• the responsibility of employers regarding the prevention and control of the exposure of workers to asbestos (Article 16);
• the demolition of plants or structure containing asbestos, and removal of asbestos from buildings or structures (Article 17);
• the work clothing, special protective clothing, personal protective equipment and facilities for workers exposed to asbestos (Article 18);
• the disposal of waste containing asbestos (Article 19);
• the measurement of the concentration of airborne asbestos dust in workplaces and the records (Article 20);
• the medical examinations after termination of employment and the development of a system of notification of occupational diseases caused by asbestos (Article 21(1), (2), (3) and (5));
• and the establishment of written policies and procedures by employers and the provision of information to workers with regard to asbestos (Article 22(2) and (3)).

Application in practice. Following its previous comments, the Committee notes the information provided by the Government in its report that there is one enterprise in the country engaged in chrysotile asbestos extraction and processing, producing between 220,000 and 250,000 tonnes of chrysotile annually, and employing 2,040 workers. It notes, however, an absence of information regarding labour inspection activities related to the Convention or on cases of occupational asbestos-related disease. The Committee urges the Government to provide information on the application in practice of the Convention, including the number of workers covered by the legislation, the number of inspections carried out and contraventions reported, the number of sanctions imposed, as well as the number of cases of occupational diseases reported as caused by asbestos.

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