Asbestos Convention, 1986 (No. 162) - Belgium (Ratification: 1996)

Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 155 (OSH), and 187 (promotional framework for OSH), 115 (radiation protection), 139 (occupational cancer), 161 (occupational health services), 162 (asbestos), 167 (safety and health in construction), 170 (chemicals), 174 (prevention of major industrial accidents) 176 (safety and health in mines) and 184 (safety and health in agriculture) together.

The Committee takes note of the observations submitted the Confederation of Christian Trade Unions (CSC), the General Confederation of Liberal Trade Unions of Belgium (CGSLB) and the General Labour Federation of Belgium (FGTB) received on 23 September 2025, as well as the Government’s response, received on 24 November 2025.

Application in practice of Conventions Nos 115, 139, 161, 162, 167, 170, 174, 176 and 184. The Committee notes the statistical information provided in the Government’s reports concerning the application in practice of the ratified Conventions, including the number of inspections conducted and the shortcomings observed. It notes, from this information, that the shortcomings identified are being followed up in the “Seveso” enterprises, which fall within the scope of application of the European Directive on the control of major-accident hazards involving dangerous substances. The Committee also notes the observations of the CSC, CGSLB and the FGTB alleging that serious accidents frequently occur and that in the subcontracting supply chain there is an important increase in bogus self-employment, workers without an employment contract, and a lack of communication and coordination. The Committee requests the Government to continue to indicate the number of inspections undertaken, the number of occupational accidents and diseases noted in the different sectors, and the measures taken to reduce them. While noting the Government’s response regarding the revision of the legislation envisaged in respect of temporary or mobile worksites the Committee also requests the Government to provide further information on the measures taken to remedy the shortcomings detected by inspections in: (i) work sites; and (ii) the enterprises where workers are exposed to asbestos. Regarding occupational safety and health services, the Committee requests the Government to provide all available information on their scope of application and the number of workers covered by the health services in practice.

A. General provisions

I . Action at national level

Article 2(2) and (3) of Convention No. 155. Scope of application. Domestic workers and other household staff. Further to its earlier comments on the scope of application of the Act of 4 August 1996 on the well-being of workers, the Committee duly notes that the Royal Order of 7 May 2023 establishes the specific measures related to the well-being at work of domestic workers and household staff. The Committee notes this information, which responds to its previous request.

Article 13 of Convention No. 155. Right of workers to remove themselves. The Committee notes section I.2-26 of the Welfare at Work Code which refers to a case of imminent and serious danger “and which cannot be avoided”. In this regard, the Committee observes that Article 13 of Convention No. 155 does not refer to a danger “that cannot be avoided”. The Committee also notes that in response to its previous comment on Convention No. 167, in which it raised a similar point concerning sections I.2-24 and I.2-26 of the Welfare at Work Code, the Government indicates that a revision of the regulation in force is under way. The Committee takes due note of the Government’s indication, in its response to the observations of the CSC, CGSLB and the FGTB, that the administration will examine the issue and will: (i) introduce a provision allowing workers to remove themselves from the worksite in case of imminent and serious danger in a new regulatory text on work sites; or (ii) amend section I.2-26 of the Code. Taking these indications into account, the Committee requests the Government to continue to provide information on legislative developments in respect of section I.2-26 of the Welfare at Work Code.

National policy

Articles 4 and 8 of Convention No. 155 and 3 of Convention No. 187. National OSH policy. The Committee takes due note of the Government’s indication regarding the 2017 codification of OSH legislation as the Welfare at Work Code. The Committee requests the Government to continue to provide information on all major developments concerning the OSH legislative framework. The Committee also requests the Government to indicate any movement towards the adoption of a new national OSH strategy, in consultation with the social partners.

Article 5(c) of Convention No. 155 and 4(3)(c) of Convention No. 187. Occupational safety and health training. The Committee notes the observations of the CSC, the CGSLB and the FGTB, according to which insufficient attention is paid to training on well-being at work, and that in small enterprises with fewer than 20 workers, the employer may assume the role of prevention adviser, without having undergone the related training. The Committee also notes that the Government, in its response, indicates that the Welfare at Work Code provides explicitly that the Employer must ensure that both the chain of command and the workers undergo training in workers’ well-being. The Committee requests the Government to provide information on the measures taken or envisaged in practice concerning the training of employers who assume the function of prevention adviser.

National Programme

Article 5 of Convention No. 187. Objectives, targets and indicators of progress. With reference to its previous comment, the Committee takes due note of the adoption of a national action plan to improve the well-being of workers at work, 2022–27. According to the Government, this plan is a living framework and will be discussed annually with the social partners in the Higher Council for Occupational Prevention and Protection. The Government also specifies that the list of shared priorities of the social partners of the Council has already been incorporated into the plan of action. The Government refers to the creation of a website in 2024, bringing together 550 Belgian indicators on working conditions and occupational hazards, and which will allow the fixing of concrete indicators to monitor the well-being at work policy for the next national strategy. The Committee requests the Government to provide more information on the indicators of progress elaborated under the national plan of action to improve the well-being of workers at work, 2022–27. It requests the Government to continue to provide information on the development of this plan of action and on the elaboration of the next plan, in consultation with the social partners.

II. Action at the level of the undertaking

Articles 19 and 20 of Convention No. 155 and Article 4(2)(d) of Convention No. 187. Cooperation at the level of the undertaking. The Committee notes the observations of the CSC, the CGSLB and the FGTB that direct participation of workers in small enterprises is often not implemented in practice, and that only three per cent of enterprises in the country benefit from structural social concertation on OSH, in which the representatives of the workers are protected from retaliation by the employer. The Committee request the Government to provide further information on the implementation in practice of Articles 19 and 20 of Convention No. 155 and Article 4(2)(d) of Convention No. 187.

Occupational Health Services Convention, 1985 (No. 161).

Articles 3(1) and Article 5 of Convention No. 161 of Convention No. 187. Occupational health services for all workers. Functions of the occupational health services. The Committee notes the observations of the CSC, the CGSLB and the FGTB, according to which there is a shortage of occupational physicians, who are unable to perform 67 per cent of the health checks required by law. According to these observations, the doctors are also assigned additional tasks unrelated to primary prevention or health monitoring. The Committee also notes the Government’s response, indicating that it is aware of the shortage of occupational physicians and that it will take note of the concerns expressed by the unions in this regard within the framework of its future reforms. The Committee requests the Government to provide information on the measures taken or envisaged to counter the difficulties identified and ensure, in law and in practice, that Article 3(1) and Article 5 of the Convention are effectively implemented.

B. Protection against specific hazards

The Radiation Protection Convention, 1960 (No. 115)

Article 6(2) of Convention No. 115. Maximum permissible doses. Protection of pregnant and nursing workers. With regard to pregnant or nursing workers, the Committee notes the Government’s indication that Annex X.5-2 of the Welfare at Work Code will be amended and aligned with the provisions of the Royal Order of 20 July 2001 issuing the general regulations on protection of the population, workers and the environment against the hazard of ionizing radiation and with the requirements of the International Atomic Energy Agency. The Committee requests the Government to continue to provide information on legislative developments in this regard.

Occupational Cancer Convention, 1974 (No. 139)

Article 3 of Convention No. 139. System of records. The Committee notes that the CSC, the CGSLB and the FGTB indicate in their observations that there are gaps in the collection of data on the exposure of workers to carcinogenic substances. According to these observations, the system of recording data is not uniform throughout the different occupational prevention and protection services. The Committee requests the Government to provide its comments in this respect.

Article 5. Health surveillance. The Committee notes that in their observations, the CSC, CGSLB and the FGTB point to shortcomings in respect of long-term health surveillance, resulting from the difficulty of establishing, in practice, the responsibilities of the different prevention bodies and services. The Committee requests the Government to provide its comments in this respect.

Asbestos Convention, 1986 (No. 162)

Article 22(3) of Convention No. 162.Information for workers. The Committee notes that the CSC, the CGSLB and the FGTB consider, in their observations, that measures to provide workers with information should be reinforced. The Committee notes that the Government, in its response, refers the provisions of section VI.3-36 of the Welfare at Work Code which gives effect in law to Article 22(3). The Committee request the Government to provide all currently available information on the application in practice of section VI.3-36 of the Welfare at Work Code.

Chemicals Convention, 1990 (No. 170)

Article 10(3) of Convention No. 170. Employer’s responsibilities. With reference to its earlier comments, the Committee notes, according to the Government, that compliance with Article 10(3) of the Convention is secured largely by the unavailability on the market of chemical agents that are not in conformity with European Union regulations. The Committee notes this information, which responds to its previous request.

Article 14. Disposal. The Committee notes the information provided by the Government in response to its previous comments on the legislative framework in force concerning disposal of waste in the Brussels Capital and Wallonia regions. The Committee notes this information, which responds to its previous request.

Article 18(1). Workers’ right to remove themselves from danger. The Committee refers the Government to its comment under Article 13 of Convention No. 155. It requests the Government to indicate all other measures taken to ensure the application of Article 18(1) of the Convention.

Prevention of Major Industrial Accidents Convention, 1993 (No. 174)

Article 20(e) of Convention No. 174. Rights and duties of workers and their representatives. Corrective action and interruption of the activity. The Committee notes the information provided by the Government concerning the provisions that give effect to Article 20(e).The Committee requests the Government to provide information on the application in practice, in the context of “Seveso” enterprises, of Article 20(e), which provides that workers and their representatives shall, within the scope of their job, and without being placed at any disadvantage, take corrective action and if necessary interrupt the activity where, on the basis of their training and experience, they have reasonable justification to believe that there is an imminent danger of a major accident, and notify their supervisor or raise the alarm, as appropriate, before or as soon as possible after taking such action.

C. Protection in specific branches of activity

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

Article 12 of Convention No. 167. Right of workers to remove themselves from imminent and serious danger. Obligation of employers where there is an imminent danger to the safety of workers. Further to its previous comments on sections I.2-24 and I.2-26 of the Welfare at Work Code, the Committee refers the Government to its comment under Article 13 of Convention No. 155. It also requests the Government to report on any progress made regarding the amendment of section I.2-24 of the Welfare at Work Code.

Article 23. Work over water. Further to its previous comments, the Committee notes that according to section IV.2-1 of the Welfare at Work Code, when choosing work equipment to be used, the employer shall take into consideration the specific characteristics of the work and existing hazards in the enterprise or establishment, in particular at work posts. The Committee notes this information, which responds to its previous request.

Article 27. Explosives. Further to its previous comments, the Committee notes that the Government refers to the Royal Order of 23 September 1958 issuing the general regulations for the manufacture, storage, possession, sale, transport and use of explosive products. Section 59 of this Order provides that piecework in a workshop deemed hazardous shall only be undertaken after consultation of the safety and health committee and with a favourable opinion issued by the explosives service, which prescribes the safety measures required. According to section I.2-20 of the Welfare at Work Code, the employer shall take the necessary measures to allow access to zones of grave and specific danger only to workers that have undergone appropriate training. Finally, in its response to the observations of the CSC, the CGSLB and the FGTB, the Government refers to section 26(1)(9) of the Royal Order of 25 January 2001 concerning temporary or mobile work sites, which makes the establishment of a safety and health plan mandatory for work involving the use of explosives. Noting the general requirement to establish a safety and health plan, the Committee requests the Government to indicate all provisions specifically concerning the conditions for the storage, transport, handling and use of explosives on construction sites.

Safety and Health in Agriculture Convention, 2001 (No. 184)

Article 4(1) of Convention No. 184. Coherent national policy on safety and health in agriculture. With reference to its previous comments, the Committee takes due note of the Agreement of 2015 on well-being at work and safety at work in the agricultural and horticultural sector and the information provided by the Government regarding its implementation. It notes that the signatories agree to evaluate the Agreement of 2015 at regular intervals and, if required, to adapt it for the following year (section 5 of the Agreement of 2015). The Committee also takes note of the various activities undertaken and tools introduced under the National Strategy for Welfare at Work 2016–2020, particularly aimed at improving OSH in small and medium-sized enterprises. The Committee requests the Government to provide information on the periodic re-examination, in practice, of the coherent national policy on safety and health in agriculture, and on consultations held with the social partners in this regard.

Article 4(2)(a) and (c). Competent authority and mechanisms of inter-sectoral coordination among relevant authorities and bodies for the agricultural sector. The Committee notes the information provided by the Government on the distribution of competence between the different authorities in charge of the marketing and monitoring of biocidal and plant protection products. The Committee also notes, according to section 2 of the Agreement of 2015 on well-being at work and safety at work in the agricultural and horticultural sector, that the signatories agreed to establish a support committee, with the aim of maximizing alignment of the initiatives for a coordinated approach to improving safety at work on the ground. The Committee requests the Government to continue providing information on the mechanisms of inter-sectoral coordination between the authorities and the relevant bodies in the agricultural sector, including the function of the support committee in this regard.

Article 7(c) and 8(1)(c). Obligation of employers where there is an imminent and serious danger. Right of workers to remove themselves from danger. The Committee refers the Government to its comment under Article 13 of Convention No. 155. It also requests the Government to report on progress made regarding the amendment of section I.2-24 of the Welfare at Work Code.

Articles 12(c) and 13(2)(b), (c) and (d). Suitable system for the safe collection, recycling and disposal of chemical waste. Preventive and protective measures for the use of chemicals and handling of chemical waste. The Committee notes the information provided by the Government regarding the AgriRecover system in the Wallonia region. The Government also states that supervision of farmers as regards the safe use of plant protection products is ensured through the requirement to hold a federal licence known as a “phytolicence”. The Committee requests the Government to provide more information on the manner in which the “phytolicence” system regulates, at undertaking level: (i) agricultural activities leading to the dispersal of chemicals (Article 13(2)(b)); (ii) the maintenance, repair and cleaning of equipment and containers for chemicals (Article 13(2)(c)); and (iii) the disposal of empty containers and the treatment and disposal of chemical waste and obsolete chemicals (Article 13(2)(d)).

Article 19. Minimum accommodation standards for workers. The Committee takes note of the observations of the CSC, the CGSLB and the FGTB, indicating that the social partners were not involved in decisions concerning standards regarding accommodation, which come under the competence of the regions and, for certain aspects, of the municipal administrations. The Committee again requests the Government to provide information on the measures taken at regional level to give effect to these provisions, and on the consultations held in this regard with the social partners.

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 6(2) of the Convention. Cooperation regarding occupational safety and health of workers employed when two or more employers undertake activities simultaneously at one workplace. With reference to its previous comments, the Committee notes that the Royal Decree of 25 February 2001, concerning temporary or mobile workplaces, regulates measures to ensure cooperation regarding the occupational safety and health of workers employed when two or more employers undertake activities simultaneously at one workplace. The Committee requests the Government to submit information regarding measures taken to ensure this form of cooperation in other economic sectors.

Article 12(2). Prohibition against all forms of spraying of asbestos. The Committee notes the prohibition against the marketing of the six fibres listed in section 2 of the Royal Decree of 23 October 2001, limiting the marketing and use of certain dangerous substances and products (asbestos). The Committee draws the attention of the Government to the fact that this provision of the Convention prohibits the spraying of all forms of asbestos and would appreciate it if the Government would indicate in its next report measures taken or envisaged to give effect to this provision of the Convention.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Further to its observation, and the information regarding the new legislation adopted, the Committee draws the Government’s attention to the following points.

2. Article 6, paragraph 2, of the Convention. Cooperation regarding occupational safety and health of workers employed when two or more employers undertake activities simultaneously at one workplace. With reference to its previous comments, the Committee notes that the Royal Decree of 25 February 2001, concerning temporary or mobile workplaces, regulates measures to ensure cooperation regarding the occupational safety and health of workers employed when two or more employers undertake activities simultaneously at one workplace. The Committee requests the Government to submit information regarding measures taken to ensure this form of cooperation in other economic sectors.

3. Article 12, paragraph 2. Prohibition against all forms of spraying of asbestos. The Committee notes the prohibition against the marketing of the six fibres listed in section 2 of the Royal Decree of 23 October 2001, limiting the marketing and use of certain dangerous substances and products (asbestos). The Committee draws the attention of the Government to the fact that this provision of the Convention prohibits the spraying of all forms of asbestos and would appreciate it if the Government would indicate in its next report measures taken or envisaged to give effect to this provision of the Convention.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the information provided by the Government in its report. It notes the adoption of Royal Decree of 23 October 2001, on the marketing and use of certain substances and products (asbestos); Royal Decree of 11 March 2002, concerning the protection of risks for safety and health of workers related to chemical agents in the world of work; Royal Decree of 26 May 2002, amending Royal Decree of 28 March 1969, concerning the occupational diseases creating entitlement for compensation; Royal Decree of 28 August 2002, determining persons in charge to monitor the application of the Act of 4 August 1996, concerning the well-being of workers during the accomplishment of their work, including executive orders; and Royal Decree of 28 May 2003, concerning the monitoring of workers’ health, as amended by several decrees in the course of 2004. The Committee notes with satisfaction that this legislation gives effect to Article 2, paragraphs (d) and (g), Article 6, paragraph 3, Article 11, paragraph 2, Article 20, paragraphs 1, 2 and 4, Article 21, paragraphs 2 and 4, and Article 22, paragraph 2, of the Convention.

2. The Committee is addressing a request on certain points directly to the Government.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information supplied by the Government in its reports. It requests the Government to provide further information on the following points.

1.  Article 2(d) of the Convention.  The Committee notes that for asbestos fibres section 148 decies 2.5.3.1 of the General Regulations for the protection of work refers to the principle of evaluating airborne asbestos fibres. However, it gives no definition of the term "respirable asbestos fibres". The Government refers in this connection to the European standard reproduced in Belgium standard NBN-T-96-102, and states that the definition of the term "respirable asbestos fibres" is that given in the standard. The Committee notes this information and asks the Government to provide the definition of the term "respirable asbestos fibres" and to send a copy of Belgium standard NBN-T-96-102.

2.  Article 2(g).  The Committee notes that the national legislation, particularly section 3(2) of the Act of 1996 concerning the well-being of workers in the performance of their work, defines the term "most representative workers’ and employers’ organizations". However, it gives no definition of the term "workers’ representatives". The Committee therefore asks the Government to provide the definition of this term and to indicate in which law or regulation it is to be found.

3.  Article 6, paragraph 2.  The Committee takes note of the provision in section 7(1) of the Act of 1996 concerning the well-being of workers in the performance of their work, under which enterprises or institutions which carry out activities at one workplace must cooperate and coordinate their activities regarding the measures to be taken to ensure the safety and health of workers. Section 7(2) provides that the King shall establish the conditions and procedures for the cooperation and coordination established in section 7(1). The Committee asks the Government to inform it of these conditions and procedures.

4.  Article 6, paragraph 3.  The Committee notes that section 6(11) of the Royal Order of 2 December 1993 concerning the protection of workers against risks related to exposure to carcinogenic agents at work requires employers to make arrangements for emergencies likely to lead to high exposure to carcinogenic agents. It also notes that section 33(1) of the Act of 1996 concerning the well-being of workers in the performance of their work requires employers to establish an internal occupational prevention and protection service to assist them in ensuring that the protective measures provided for in sections 4-32 of the Act are applied. However, the above provisions make no mention of the preparation of procedures to be followed in emergency situations. The Committee recalls that Article 6, paragraph 3, of the Convention includes the preparation, in consultation with the representatives of the workers concerned and of the occupational safety and health services, of procedures for dealing with emergency situations. The Committee therefore asks the Government to indicate the measures taken or envisaged for the preparation of procedures for dealing with emergency situations and to state how the representatives of the workers concerned and the occupational safety and health services are consulted in such preparation.

5.  Article 11, paragraph 2.  The Committee notes the information supplied by the Government to the effect that no derogations from the prohibition on crocidolite have been permitted. The Committee nonetheless notes that section 5 of the Royal Order of 3 February 1998 limiting the marketing, manufacture and use of certain dangerous substances and preparations (asbestos) allows crocidolite to be used for the purpose of research, development or analysis. The Committee asks the Government to state whether the most representative organizations of the employers and workers concerned were consulted before the derogation was permitted.

6.  Article 12, paragraph 1.  The Committee notes that the national legislation, in particular the Royal Order of 3 February 1998 limiting the marketing, manufacture and use of certain substances and preparations (asbestos), does not provide for the prohibition of asbestos spraying. Please indicate the measures taken or envisaged to prohibit the spraying of all forms of asbestos.

7.  Article 20, paragraph 1.  The Committee notes that section 148 decies 2.5.6.1, read in conjunction with section 148 decies 2.5.6.4, of the General Regulations for the protection of work provides for regular measurement of concentrations of airborne asbestos dust in workplaces to ensure compliance with the limit values established in the above regulations and that the reference method for such measurements is that prescribed by the European Union in standard NBN-T-96-102. The Committee asks the Government to indicate the frequency at which the concentration of airborne asbestos dust in workplaces must be measured and to specify the prescriptions of standard NBN-T-96-102 on which this requirement is based.

8.  Article 20, paragraph 2.  The Committee notes that, according to the Government, the samples collected in the monitoring of the working environment and the records of the exposure of workers must be kept for one year. It asks the Government to indicate the basis in law for the obligation to keep the samples for one year.

9.  Article 20, paragraph 4.  Please state whether workers or their representatives have the right to request the monitoring of the working environment and, if so, whether there is a procedure for appealing to the competent authority concerning the results of the monitoring.

10.  Article 21, paragraph 2.  Please indicate the measures taken or envisaged to ensure that the monitoring of workers’ health in connection with the use of asbestos does not result in any loss of earnings for them, that the monitoring is free of charge and, as far as possible, takes place during working hours.

11.  Article 21, paragraph 4.  Please indicate the efforts made to provide the workers concerned with other means of maintaining their income when continued assignment to work involving exposure to asbestos is found to be medically inadvisable.

12.  Article 22, paragraph 2.  Please indicate the measures taken or envisaged to ensure that employers establish written policies and procedures on measures for the education and periodic training of workers in asbestos hazards and methods of prevention and control.