Individual Case (CAS) - Discussion: 2025, Publication: 113rd ILC session (2025)

Asbestos Convention, 1986 (No. 162); Safety and Health in Construction Convention, 1988 (No. 167)

Written information provided by the Government

The Government has provided the following written information, as well as a copy of the proposed tentative methodology for conducting training workshops on the safe use of asbestos and occupational safety for sectors exposed to asbestos.

The Plurinational State of Bolivia affirms that, in accordance with the Conventions, it has in place the General Act on Occupational Safety and Health, and Welfare, adopted by Legislative Decree No. 16998 of 2 August 1979, on occupational safety and health (OSH) management programmes, Technical Safety Standard (NTS), NTS 009/23, adopted by Ministerial Decision No. 992/23 of 9 June 2023, on OSH management programmes, and NTS 008/17, approved by Ministerial Decision No. 387/17 of 17 May 2017, which, although they are general, contribute to reducing the use of asbestos and to its elimination as, in order to comply with these standards, enterprises in various areas take measures to protect the safety of workers against exposure to agents harmful to their health.

Specifically with regard to Convention No. 162, technical point 5(b) of NTS 009/23 requires specific studies and/or monitoring, depending on the characteristics of the enterprise or workplace, with the results to be recorded in the hazard identification, risk assessment and control (IPER) matrix, in which asbestos is included under: “(ii) contaminating chemicals in the working environment (hazardous substances) and (vi) other studies that may be necessary”. Immediate action will also include the development of a training programme to raise awareness of the safe use of asbestos and occupational safety for sectors exposed to asbestos. The programme will be brought to the attention of the World Health Organization so that it can contribute to its content through experts on the subjects on an inter-institutional basis with the Ministry of Health and Sports and other institutions to be identified.

Discussion by the Committee

Chairperson – I now have the honour of giving the floor to the distinguished representative of the Government of the Plurinational State of Bolivia, the Deputy Minister of Employment, the Public Service and Cooperatives.

Government representative – I would like to start by conveying greetings from the Plurinational State of Bolivia and the Ministry of Labour, Employment and Social Welfare to the Committee and all the delegations present, including Government, Worker and Employer members. It is appropriate to start by specifying that the Plurinational State of Bolivia reaffirms its commitment to the application of ILO Conventions. The Plurinational State of Bolivia, as a founder member of the ILO, has ratified 8 of the 10 fundamental Conventions and has ratified almost 50 Conventions in total, thereby demonstrating its clear commitment to international labour standards and their application from a position of sovereignty.

While the Plurinational State of Bolivia has ratified a significant number of ILO Conventions, it is important to bear in mind that the implementation and application of these Conventions may differ in practice. Despite the efforts made in relation to workers’ rights, which have to be acknowledged, it is also important to review good practices and consider recommendations that can be applied to our situation with a view to optimizing the application of Conventions, always with respect for sovereignty in relation to decisions on the approach to economic development.

This may be the specific case of Conventions Nos 162 and 167, and we are coming before this Committee with a constructive attitude both to explain the efforts made in the Plurinational State of Bolivia for the application of these Conventions and to listen to recommendations that can help us to move forward within the framework of the decisions taken in our country.

In the report of the Committee of Experts, based on the reports provided by the Plurinational State of Bolivia on Conventions Nos 162 and 167, information is provided on the progress reported and the comments made as a background to the action that we are taking.

With reference to Articles 3 and 4 of Convention No. 162, on legislation and consultation, the progress consists of the adoption of Regulations on air pollution, which classify asbestos as a carcinogenic substance and include it on the list of hazardous pollutants to be considered in the preparation of air emission inventories. We are referring to the Regulations issued under the Bolivian Environment Act.

Moreover, the Environmental Regulations for the industrial manufacturing sector consider asbestos to be an extremely hazardous substance and include asbestos among the carcinogenic substances that have to be taken into consideration in the formulation of air emission inventories in the manufacturing sector. The Environmental Regulations for mining activities also provide that asbestos, in all its chemical forms, is considered to be a hazardous pathogenic substance.

In relation to these provisions, the Committee of Experts has requested more specific information from the Government of the Plurinational State of Bolivia with a view to preventing and controlling health hazards and holding consultations with the most representative organizations for the development of policies.

With reference to Articles 9, 10, 11 and 12 of Convention No. 162, in relation to legislative measures to prevent and control exposure to asbestos, including its replacement and prohibition, the Plurinational State of Bolivia has developed Technical Safety Standard No. 009/23, which in the IPER matrix identifies risks, measures and alternatives, with the requirement in all sectors of economic activity to identify hazardous substances or products, such as asbestos. Similarly, Ministerial Decision No. 387/17 on work in confined spaces in relation to exposure limits and the Environmental Regulations for the industrial manufacturing sector provide that the industry shall make efforts to replace or minimize the use of asbestos. Fine dust asbestos of less than 2.5 micrometres, including crocidolite, is considered a carcinogenic and extremely dangerous substance. Or, in other words, in the Regulations asbestos is identified as a hazardous substance.

In relation to Articles 9 and 10, respecting legislative control and prevention measures, the prohibition of crocidolite, or measures for the prohibition of crocidolite, and the prohibition of spraying in all industrial sectors, the observation made by the Committee of Experts is that, although there are provisions in certain clearly identified sectors, such as manufacturing, or provisions at different levels, greater specificity is required.

With reference to Article 15(3) of Convention No. 162 on the prevention or control of the release of asbestos dust and ensuring compliance with exposure limits, Ministerial Decision No 1444/23 has been issued adopting the General Regulations on Labour Inspection.

This is relevant progress because in the General Regulations on Labour Inspection advances have been made in the control and inspection of these occupational safety and health (OSH) issues, particularly with reference to the identification of hazardous substances through the technical standards that are adopted in each case.

The Environmental Regulations of the industrial manufacturing sector provide that processes that emit gasses, particulate matter and vapours are to be considered as priorities. Industry also has to comply with the permissible limits for pollutant emissions, which include fine dust asbestos, and self-monitoring has to be carried out at least annually of all the parameters that can be generated by their activities in the form of emissions.

In this case, the Committee of Experts requests measures to reduce exposure to asbestos to as low a level as is reasonably practicable in all sectors and industries, and not only in industry, and information on the specific measures adopted by the labour inspection services. In this context, the need for the information that is generated to be systematic and publicly available is considered to be of great relevance.

With reference to Article 16, on practical measures taken by the employer for the prevention and control of exposure, the General Regulations on Labour Inspection in relation to OSH technical inspections establish the requirement for inspectors to assess compliance with OSH standards.

The Environmental Regulations for the industrial manufacturing sector and the Environmental Regulations for mining activities establish requirements for prevention and control in relation to hazardous substances, which include asbestos.

In this case, the Committee of Experts requests the adoption of specific measures to ensure the employers are responsible for practical measures for the protection of workers from asbestos.

In relation to Article 20 on the keeping of records of the monitoring of the working environment, Technical Safety Standard No. 009/23 provides that, within the framework of the submission of OSH plans, the employer shall conduct health surveys and/or monitoring, where appropriate, of chemical pollutants in the work environment and suspended particulate matter, which are valid for one year from the date of their formulation.

The Committee of Experts emphasizes that the records of the monitoring of the working environment and of the exposure of workers to asbestos must be kept for a period prescribed by the competent authority, and that the workers concerned, their representatives and the inspection services have access to the records

Moreover, workers and their representatives must have the right to request supervision of the working environment and to appeal to the competent authority concerning the results of the supervision, as set out in Article 20 of Convention No. 162.

With reference to Article 21, which refers to information on medical examinations and other means of maintaining income when assignment to work involving exposure to asbestos is inadvisable, the Committee of Experts calls for workers to be informed in an adequate and appropriate manner of the results of their medical examinations and to receive individual advice concerning their health. It also calls for other means of maintaining income and protection measures in specific branches of activity.

It is important to emphasize that, in each of these Articles which have been identified both in the comments made by the Committee of Experts and in the progress that has been made by the Government, it is necessary to bear in mind, as we indicated in our introduction, that each of these components has differing levels of applicability.

For example, finding alternative means of maintaining income depends on economic conditions and capacities, and cannot be seen as a requirement that applies to all countries equally. There are countries, including the Plurinational State of Bolivia, where, even though we have made much progress in overcoming unemployment, alternative means of maintaining income give rise to difficulties.

Accordingly, it has to be understood that, while each of these areas have been identified as being in need of action, and that it is necessary to move forward based on the recommendations made, the degree of implementation is subject to their differing characteristics.

It is also important to emphasize that the action taken at the enterprise level has been relevant in the implementation of measures for the replacement of asbestos as a material, particularly in construction.

There are enterprises that have certified in their own interests the replacement of 100 per cent of asbestos. Moreover, entrepreneurs have developed a series of mechanisms for educational purposes and awareness-raising and also, from their own perspective, for the implementation of action in relation to asbestos. They have implemented quality standards related to ISO which are, as you know, voluntary and are more related to the competitivity of enterprises.

So what are the potential sectors in the Plurinational State of Bolivia?

First, construction. This is undoubtedly the most vulnerable sector. Asbestos was widely use in the construction of buildings. Uralite, a material composed of cement and asbestos, was very commonly used in roofing and other structures, such as water tanks which, as you will understand, can be highly dangerous. Exposure generally occurs for workers who handle materials containing asbestos, with the deterioration of materials and in maintenance and cleaning work.

And then, in the case of mining, the mining of asbestos in the Plurinational State of Bolivia is limited in view of the significant risks of exposure.

In the case of motor mechanics, workers are in contact with outdated systems, such as brakes and clutches that are imported, as they are not produced in the Plurinational State of Bolivia, and give rise to risks resulting from the use of asbestos.

Similarly, the population in general may be exposed to asbestos in houses and old buildings that include materials containing asbestos.

This is illustrative of the progress that has been made, as there is no longer any manufacture of asbestos materials in the Plurinational State of Bolivia. However, we are bound to acknowledge that it is necessary to supplement the information on the basis of which measures can be taken to update the measures adopted up to now, and as a basis for formulating policies to achieve compliance with the standards, including Convention No. 162, which have been ratified by the Plurinational State of Bolivia, such as the adoption of laws and rules at the various levels, as in some cases it may be possible to adopt or amend laws, and in other cases decrees, ministerial decisions and OHS technical safety standards.

So what action is being taken at the moment?

As I have said, it is difficult to take each of the comments and in each case enumerate action that is ready to be adopted.

So, what is it that we have identified for future action and what measures are being taken to address comprehensively the elements that we consider need to be updated?

I once again reiterate, also based on the comments made by the Committee of Experts, what is of interest to us is the theme of the protection of workers’ rights and health, in recognition that the principal limitation in updating policies and laws on asbestos is the generation of information and capacities as a basis for formulating policies and legislative measures and for monitoring.

Multisectoral work has therefore been initiated in view of the involvement of sectors such as health, covering the impact of asbestos on health, the development of production and enterprise activities. The Ministry of the Environment, based on the agreements concluded on organic components and persistent materials, with particular reference to the National Occupational Health Institute, has a project under the Ministry of Health, which is an inter-institutional cooperation project with the Chrysotile Information Centre, SIC-ANDES of Peru, on training for the safe handling and appropriate management of chrysotile and asbestos, with the technical support of the International Chrysotile Association. During this phase, we will establish other cooperation mechanisms with other institutions and it will also be important to engage in exchanges of experience with countries. In other words, we would be very pleased to engage in the exchange of experience with other countries that have made significant progress in law and in policies, and particularly with the ILO Office in the Plurinational State of Bolivia, with which we have undertaken a series of proactive activities which have enabled us to address various subjects. It is through this commitment to intersectoral work that we think we can move forward in addressing each of the comments through the formulation of policies and provisions with a view to updating each of these elements.

Employer members – The case before the Committee concerns the application of Conventions Nos 162 and 167, ratified by the Plurinational State of Bolivia in 1990 and 2015, respectively. It is the first time that the application of these Conventions has been examined by this Committee in relation to the Plurinational State of Bolivia, even though the Committee of Experts has made numerous observations since 2013, and most recently in 2024, 2023, 2021, 2019, 2018 and 2015.

We thank the Government of the Plurinational State of Bolivia for the written information provided, including the proposed methodology for conducting training workshops on the safe management of asbestos use and occupational safety, and we take note of its request to the Office for technical assistance in preparing article 22 reports.

However, the Employers would like to note that, although there is a commitment to promoting compliance with the provisions of these Conventions, in practice it is necessary to consider that the observations of the Committee of Experts in 2024 reiterate long-standing concerns about existing gaps in the national legislation. In this regard, we echo the concerns of the Committee of Experts and would like to make a few points.

First, with regard to the regulatory framework and specific measures for risk prevention and control, the Government has reported the existence of the General Act on Occupational Safety, Health and Welfare and a series of OSH technical standards, in addition to management programmes in this field.

However, the Committee of Experts has repeatedly pointed out that, although these general standards are in force, they lack the specific provisions necessary to give full effect to Conventions Nos 162 and 167 ratified by the Plurinational State of Bolivia.

Despite repeated requests by the Committee of Experts, the Government has not yet adopted the necessary measures to harmonize the legislation with the requirements of the ratified Conventions, particularly with regard to the prevention and control of health hazards due to occupational exposure to asbestos, and the protection of workers against such hazards.

This is with regard to Article 3 of Convention No. 162.

With regard to Articles 11 and 12 of Convention No. 162, there is a lack of specific measures prohibiting the use of crocidolite and the spraying of asbestos, as well as a lack of provisions requiring the demolition of plants or structures containing asbestos and its removal to be undertaken only by qualified employers or contractors (Article 17(1) of Convention No. 162).

It is essential to establish clear exposure limits and take measures to reduce exposure to the lowest possible level, in accordance with Article 15 of the Convention. Specific information is also needed on the provision of respiratory protective equipment and special protective clothing, in accordance with Article 15(4) of Convention No. 162.

The Employers express their commitment to a culture of risk prevention at the workplace and to the design of practical measures for the prevention and control of workers’ exposure to asbestos and their protection.

In relation to Article 16 of Convention No. 162, we encourage the Government to work in consultation with the most representative employers’ and workers’ organizations to design a clear and specific regulatory framework.

Second, in relation to Article 12 of Convention No. 167, the Committee of Experts emphasizes that measures specifying the action to be taken in the event of an imminent and serious threat to workers’ safety have yet to be adopted. We call on the Government to intensify its efforts to consult the social partners and agree on a regulatory framework that allows for immediate measures to be taken to stop operations and evacuate workers where there is an imminent and serious danger to their safety.

Third, it is therefore necessary to review the comments made by the Committee of Experts on tripartite consultation and the role of the social partners in the Conventions under examination.

The Committee of Experts has explicitly requested the Government to consult the most representative employers’ and workers’ organizations on the measures to be taken to give effect to the provisions of the Conventions.

Although the Government has mentioned the preparation of a training programme on the safe management of asbestos, which will be shared with the World Health Organization (WHO) and other institutions, there is no indication in the information provided that institutionalized and effective consultation forums have been created with representative employers’ and workers’ organizations for the design, implementation or review of the measures to be taken.

As social partners, employers’ and workers’ organizations have the capacity to provide a comprehensive and practical overview of risk factors, the application of new technologies and strategic skills, labour market challenges and the most effective tools for strengthening worker protection.

We therefore request the Government to make every effort to ensure the institutionalized and effective consultation of the social partners at all stages of the design, implementation, review and monitoring of OSH policies and measures, especially with regard to asbestos and construction. We request the provision of detailed information on the formulation of any specific policies on asbestos and construction.

Fourth, with regard to monitoring, information for workers and income maintenance, the Committee of Experts has expressed regret that the Government has not provided information on the application of Articles 20 and 21 of Convention No. 162. It is essential to take measures to ensure that records of the monitoring of the working environment and of workers’ exposure to asbestos are kept for a prescribed period. Furthermore, in accordance with Article 20(3) and (4) of the Convention, it must be ensured that affected workers, their representatives and the inspection services have access to these records, as well as the possibility to request the monitoring of the working environment and to appeal to the competent authority regarding the results of such monitoring. The Committee of Experts also reiterated the need for workers to be informed in an adequate and appropriate manner of the results of their medical examinations and to receive individual advice concerning their health in relation to their work.

Finally, it does not appear from the information provided that specific measures have been taken to ensure that, where continued assignment to work involving exposure to asbestos is medically inadvisable, every effort is made, consistent with national conditions and practice, to ensure that the Government provides the workers concerned with other means of maintaining their income. We therefore call on the Government to provide detailed information on the measures taken or planned to implement these provisions.

In conclusion, the Employers wish to express their support for the approach adopted by the Committee of Experts in examining Conventions Nos 162 and 167 together. We reiterate our appreciation of the information provided to this Committee. We hope that the strong commitment expressed by the Government will be translated into concrete action aimed at improving the OSH of workers, especially with regard to exposure to asbestos and safety in construction.

Worker members – I would like to begin by reaffirming an essential principle of the ILO standards system. The ratification of an international labour Convention gives rise to a dual legal and political responsibility for the Member State. It implies the obligation to both comply effectively with the substantive standards established in the instrument and to respect the commitments arising from the international supervisory mechanism, which is based on social dialogue and systematic information-sharing through the submission of periodic reports. These two dimensions are inseparable: without information there is no supervision and without supervision there is no guarantee of compliance, nor the possibility to redress shortcomings. The international standards system is based on good faith, but also on traceability. The provision of regular and full reports is not an accessory requirement, it is an essential pillar of the institutional model of this Organization.

The case of the Plurinational State of Bolivia reveals a worrying and ongoing omission with respect to these obligations. With regard to Convention No. 162, the Committee of Experts has reiterated that no information has been received since 2004 on the manner in which the country has implemented provisions to protect workers against exposure to asbestos. This administrative silence is all the more alarming considering the nature of the risk.

As the Committee of Experts has recalled, all forms of asbestos are classified as known human carcinogens and in 2006 the Conference adopted a resolution emphasizing that the elimination of the future use of asbestos and the proper management of asbestos currently in place are the most effective means to prevent diseases and deaths. The Plurinational State of Bolivia lacks specific legislation regulating asbestos in all sectors.

While there are environmental standards that recognize the extremely dangerous nature of this substance, they are limited to the industrial and mining sectors.

The Committee of Experts has highlighted the urgent need for the adoption of legislative measures in consultation with employers and workers, and for the effective application of Articles 9, 10, 11 and 12 of Convention No. 162, which require measures to control and prohibit the use of crocidolite and spraying.

Even more worrying, the Government has not provided information on the implementation of Article 16 of Convention No. 162, which establishes the obligation for employers to take practical measures for the prevention and control of exposure to asbestos. Nor has it established the right of workers to have access to the records of the monitoring of the working environment, or prescribed minimum periods for them to be kept, which is contrary to Article 20 of Convention No. 162.

These gaps include medical protection. The Committee of Experts has insisted that specific measures must be adopted to ensure that workers are informed in an adequate manner of the results of their medical examinations and are provided with alternative work when they cannot continue to carry out work involving exposure to asbestos, in accordance with Article 21 of the Convention. This reveals not only an administrative omission, but also a systematic and structural failure of compliance, which poses a risk to the lives and health of thousands of workers.

The situation does not improve when analysing Convention No. 167. The Plurinational State of Bolivia has also failed to provide recent reports on this instrument. The Committee of Experts has noted that the national legislation does not set out the requirement to stop the operation and evacuate workers in the event of imminent risk, as required by Article 12 of Convention No. 167. It should be recalled that Convention No. 167 protects one of the sectors with the highest rates of accidents. Failure to comply with the Convention makes it difficult to verify whether the Plurinational State of Bolivia is adopting preventive measures by training its workers and adequately monitoring the conditions of building works.

Conventions Nos 162 and 167, although technical, are part of the body of standards on OSH protection, which is a category recognized by the Conference as a fundamental right. These are not secondary obligations. They relate to the lives, health, and physical and moral safety of workers.

The Workers’ group considers that this lack of sustained compliance not only affects Bolivian workers, but also weakens the multilateral standards system. The effectiveness of the system depends on the active and responsible participation of States. The technical, impartial and substantiated supervision carried out by the Committee of Experts cannot fulfil its function if it does not receive the minimum necessary input. This is not an isolated complaint, but rather a collective concern.

The reports to be provided by States are not procedural or symbolic gestures, but tools for the assessment of transparency and institutional co-responsibility. We therefore urge the Government to urgently reconsider its action, reinstate the mechanisms of institutional dialogue with this Organization and act with the due diligence required by the fundamental human rights of its workers.

Employer member, Plurinational State of Bolivia – We would like to thank the Government of the Plurinational State of Bolivia for its presentation on the use of asbestos in relation to Conventions Nos 162 and 167. We would also like to express our agreement with the statements made by the Employer and Worker spokespersons.

We would like to inform you that the Confederation of Private Employers of Bolivia (CEPB), together with the ILO, has carried out work on issues such as asbestos, its use, the danger it poses for health and the applicable rules in the case of the use of asbestos.

Among the safety considerations that were noted, it was concluded that there were permissible levels of exposure, ongoing monitoring that must be carried out continually, especially for people who use or are exposed to the use of this substance, the application of controls, and the protection of workers. Certain important recommendations were also made, such as measurements to be carried out for monitoring, the medical reports that must be drawn up for workers, especially those exposed to these substances, and training for those concerned. The recommendations to be taken into account include precautions when working with asbestos. As we have said, all of this is in accordance with Conventions Nos 162 and 167, as previous speakers have already explained.

In the case of the Plurinational State of Bolivia, I would also like to tell you that the most important issue from the enterprise perspective is the use of asbestos in roofing, which has already been voluntarily discontinued.

Worker member, Plurinational State of Bolivia – I am speaking on behalf the Bolivian Central of Workers, which represents all workers in the Plurinational State of Bolivia. Convention No. 162 has clearly shown us that the use of asbestos in industry, the automotive industry, construction and mining, is a hazard to health. Its microscopic and carcinogenic fibres, which mainly affect the lungs, have caused many workers to suffer from a very serious disease. We, as workers, therefore call for effect to be given to Convention No. 162 once and for all, and for the ILO to monitor the different aspects in this regard.

We recognize that the Plurinational State of Bolivia is undergoing a process of industrialization and, precisely because of this, some enterprises are moving away from the use of asbestos towards other similar materials in order to avoid the harm caused mainly to humans, as well as to other living beings.

We know that starting to replace chrysotile, amosite, crocidolite and actinolite, is not enough. We know perfectly well that the safety measures that, we, as workers, are demanding in areas such as health, permissible levels of exposure to these substances which are hazardous to health, the protection of workers, mainly through occupational safety, regular medical reports that unfortunately do not reach the beneficiaries, and the constant handling of all these materials, are directly related to, for example, Convention No. 167. And here we are talking about construction being linked to the hazards caused by asbestos.

In the Plurinational State of Bolivia, we have buildings with roofs that, to this day, are made of asbestos, as well as asbestos tanks and pipes. Enterprises constructing new buildings make use of our construction workers, who are bound to work with these harmful substances. However, something is missing here.

What is missing is precisely the occupational safety that many employers are failing to ensure, and when I say occupational safety, I am referring mainly to protection measures for workers, which must be provided to workers.

This necessarily implies a financial cost for employers. However, the fact is that we need, once and for all, to give effect to all the various Articles of the ILO Conventions that apply to us as workers in the Plurinational State of Bolivia.

We, as workers, demand compliance with these standards because, after all, these hazards do not only affect workers, but also inevitably their families. Most importantly, occupational safety must be genuine and ensured by the State. In this case, the relevant Ministry mandated by law must ensure strict and thorough monitoring. Thus, it may be possible to avoid the potentially harmful consequences for Bolivian families, and particularly for each and every worker.

We therefore respectfully request that the recommendations are binding on the Government and the private sector.

Government member, Peru – I have the honour to make this statement on behalf of a group of Latin American and Caribbean countries, namely Chile, Colombia, Costa Rica, Cuba, Ecuador, El Salvador, Guatemala, Honduras, Panama, Paraguay, Peru and the Bolivarian Republic of Venezuela. We welcome and appreciate the information provided by the Deputy Minister for Employment, the Civil Service and Cooperatives, on behalf of the Plurinational State of Bolivia, on the action taken for the application of Conventions Nos 162 and 167.

We express our appreciation of the efforts being made by the Plurinational State of Bolivia, including, as reported, the General Act on Occupational Safety, Health and Welfare, the adoption of regulations establishing asbestos as a carcinogenic and highly dangerous substance, and Ministerial Decision No. 992 of 2023, which approves the technical safety standard and regulates the mandatory submission of OSH management programmes and establishes guidelines and standards for OSH management.

We also appreciate the recommendations made by the Committee of Experts to the Plurinational State of Bolivia, which promotes the implementation of its regulations on the prevention and control of health hazards for workers and the reduction of exposure to asbestos, in coordination with the organizations concerned.

We therefore encourage the State to continue its efforts to implement Conventions Nos 162 and 167 and to take into account the recommendations of the Committee of Experts to strengthen its regulations so that they specifically regulate the use of asbestos.

The Latin America and Caribbean region has made significant progress in the application of Conventions Nos 162 and 167 and in the adoption of relevant measures to prevent, control and reduce the use of asbestos, and we therefore welcome the country’s openness to developing regional cooperation projects for this purpose.

We encourage you to continue your approaches to specialized regional and international institutions and organizations to promote inter-institutional cooperation for training in the use of asbestos and the promotion of OSH.

Interpretation from Russian: Government member, Belarus – We are grateful to the delegation of the Plurinational State of Bolivia for the presentation of detailed information on the issue under consideration. We welcome what has been done by the Government at both legislative and practical levels, that is to say the measures that have been taken to protect the lawful rights and interests of workers who are exposed to the impact of asbestos in the course of work. We also commend the willingness shown to work on the issue of reducing the negative impact of asbestos with the World Health Organization. Taking into account what has been demonstrated by the Government, that is its commitment to fulfilling the obligations it has accepted within the framework of ratified Conventions, we call upon the ILO to give the country technical assistance for the attainment of these goals.

Worker member, Switzerland – This statement is supported by Australian workers. In 2022, the Conference decided by consensus to include the right to a safe and healthy working environment in the framework of fundamental principles and rights at work. All ILO Member States committed to promote safety and health as a fundamental right. This includes the obligation to share information on the risks of substances and their safe and proper use.

However, the inclusion of chrysotile asbestos in Annex III to the Rotterdam Convention, which allows the establishment of a prior informed consent procedure for the exchange of information on health hazards, has been blocked for nearly 20 years by a very small number of ILO Member States, which are also signatories to the Convention. I note that the Plurinational State of Bolivia is not among the countries blocking this measure, which would significantly strengthen the protection of workers exposed to this hazardous substance.

It should be recalled that each year around 1 million workers die from exposure to hazardous chemicals, including over 200,000 from asbestos-related diseases.

In the case of the Plurinational State of Bolivia, which is under examination here, the Committee of Experts notes in its report that neither the OSH management systems nor the related standards contain specific regulations on asbestos. It therefore requests the Government to ensure that national laws or regulations prescribe specific measures for the prevention and control of health hazards related to occupational exposure to asbestos in all sectors and industries. The Committee of Experts also requests the Government to ensure that employers are held responsible for the establishment and implementation of practical measures for the prevention and control of the exposure of workers to asbestos. We call on the Government of the Plurinational State of Bolivia to give effect to these recommendations of the Committee of Experts.

However, to prevent a small number of countries from undermining the decision taken by the Conference in 2022 to guarantee the right to a safe and healthy working environment as a fundamental right at work, it is essential for all ILO Member States that are also signatories to the Rotterdam Convention to work actively for a reform of that Convention, with a view to incorporating a prior informed consent procedure in order to guarantee the right to information on the risks of highly hazardous substances such as chrysotile asbestos. This would constitute an important means for the Plurinational State of Bolivia, as well as for other States, to ensure compliance with ILO Conventions Nos 162 and 167.

Government member, Cuba – The delegation of Cuba acknowledges the significant progress made by the Plurinational State of Bolivia in the protection of the safety and health of its workers. The Plurinational State of Bolivia has demonstrated a firm commitment to social justice and decent work by implementing specific measures to strengthen its labour regulations and ensure decent and safe working conditions.

The ratification and implementation of Conventions Nos 162 and 167 reflect the will of the Plurinational State of Bolivia to align itself with international standards and make progress in the prevention of occupational risks.

Through the modernization of its legislation, rigorous monitoring of hazardous substances and specialized training, the Plurinational State of Bolivia is becoming a model in the region for occupational safety management. In compliance with the comments on Convention No. 167, the Plurinational State of Bolivia has adopted 15 technical safety standards which establish specific protocols for the construction sector. Among the most relevant are the standards on working at heights, handling ladders, the use of scaffolding, excavations and work in confined spaces, all with clear provisions to ensure the immediate evacuation of workers and stoppage of operations in the event of imminent risks.

The country has also strengthened its legal framework with Supreme Decree No. 2936 issuing regulations on the application of Convention No. 167 and requiring employers to take immediate action in the event of serious danger to the safety of workers.

Cuba welcomes this progress and reaffirms its support for international cooperation to continue strengthening OSH policies. Worker protection is a shared priority, and the path taken by the Plurinational State of Bolivia is an example of commitment to welfare and sustainable development.

Worker member, Honduras – I would like to recall that the Committee of Experts has made observations on these Conventions and, in accordance with the Preamble to the ILO Constitution, which provides that: “… whereas conditions of labour exist involving such injustice, hardship and privation to large numbers of people as to produce unrest so great that the peace and harmony of the world are imperilled; and an improvement of those conditions is urgently required; as, for example, by … the protection of the worker against sickness, disease and injury arising out of this employment …”.

In view of the above, it should be recalled that, although the Plurinational State of Bolivia has general standards and regulations on OSH, they do not explicitly provide for the prevention or control of exposure to asbestos. Nor do they establish specific measures for the replacement or prohibition of this substance, or guarantee procedures that ensure that workers are properly examined, treated and informed about their state of health in relation to such exposure. All of this would be essential to ensure the full application of Convention No. 162.

The State must therefore adopt clear and effective measures to prevent, protect and control the health hazards due to occupational exposure to asbestos in all branches of industry, not just manufacturing. These measures include: a total or partial prohibition of the use of this substance in the various work activities or processes involving contact with it, and the implementation of effective controls to prevent or reduce the emission of asbestos dust into the air, ensuring compliance with exposure limits and seeking to reduce them.

It should be recalled that, since 2006, the Conference has recognized that all forms of asbestos, including chrysotile, are classified as extremely hazardous substances and therefore carcinogenic to humans, according to the International Agency for Research on Cancer (IARC). The Conference has expressed its deep concern at the risks faced by workers, not only in specific sectors, but also in activities such as asbestos removal, demolition, building maintenance, shipbreaking and waste handling. It has therefore urged States to adopt OSH measures for the effective protection of all exposed workers.

In accordance with the commitments assumed by the Plurinational State of Bolivia as a Member of the ILO, it is necessary for it to adopt and align its legislation through specific agreed provisions that are fully applicable in all sectors, based on effective consultations and genuine social dialogue with the actors involved. The objective is to effectively guarantee the safety and health of workers by ensuring their security and promoting dignity at work, starting with the effective deployment of labour inspection to monitor compliance by employers and thus prevent the health risks arising from occupational exposure to asbestos.

It is ten years since the Plurinational State of Bolivia ratified Convention No. 167 and it is unjustifiable that it has still not brought the national legislation into line with the text of the Convention. We therefore reiterate our demand for the Bolivian State to establish in its legislation the essential guarantees to ensure that workers in all sectors enjoy a safe and healthy working environment, thus ensuring the safety of workers, both under normal conditions and in situations that require the stoppage of an operation or the evacuation of workers in the event of an imminent and serious threat to their safety.

All these legislative measures must be reinforced by the strengthening of labour inspection systems, the provision to them of the financial and human resources necessary to ensure the monitoring and effective enforcement of prevention measures and safety standards, the provision of personal protective equipment and the existence of optimum conditions in workplaces.

In this regard, in order to give full expression to, and ensure compliance with these Conventions, it is essential to have the support of this Organization so that the necessary measures are adopted in Bolivian legislation to guarantee the fundamental right to OSH and, in particular, the protection of workers against occupational diseases.

Government member, Bolivarian Republic of Venezuela – The Government of the Bolivarian Republic of Venezuela aligns itself with the statement made by Peru on behalf of a group of Latin American and Caribbean countries and conveys its sincere thanks for the information provided by the Deputy Minister, Mr Gonzalo Zambrana, representative of the Government of the Plurinational State of Bolivia, with regard to the action taken for the application of Conventions Nos 162 and 167.

We recognize the progress made by the Plurinational State of Bolivia in regulating the use of asbestos based on national and international standards, and we highlight the country’s commitment to protecting OSH in accordance with these Conventions. In this regard, we emphasize the importance of continuous training and the implementation of effective preventive measures to reduce the associated risks.

We emphasize the need to strengthen international cooperation so that the Plurinational State of Bolivia can consolidate and broaden existing action and standards, including environmental monitoring and the identification of hazardous substances.

In conclusion, we welcome the will of the Plurinational State of Bolivia to continue promoting a safe and responsible work environment in compliance with labour and human rights, and we reiterate our support for the continued provision by the ILO of the necessary support for these efforts.

Government member, Honduras – Honduras welcomes and notes the information provided by the Plurinational State of Bolivia and the social partners relating to Conventions Nos 162 and 167.

According to our information, the construction sector represents 4 per cent of Gross Domestic Product in the economy of the Plurinational State of Bolivia and generates around 9 per cent of jobs in the country.

We consider that there has been some progress in the regulations on the safe use of asbestos which, through the General Act on Occupational Safety and Health, and Welfare, seek to guarantee adequate conditions of health, safety and well-being at work. The regulations require companies to adopt the necessary and obligatory measures for prevention and the protection of health in the event of exposure to hazardous substances at work.

Although we note the progress made, we are aware of the challenges, and particularly those related to the effective management of existing substances and awareness-raising among the social partners of the risks related to these substances in the construction sector.

We believe that it is important for the Plurinational State of Bolivia to be able to make progress in establishing public policies that promote the prevention of exposure, the strengthening of the regulations and the provision of adequate training to persons handling these substances.

We believe that, through technical assistance, the Office can play a decisive role in addressing these challenges.

It is vital to recognize the institutional efforts made, while making clear and verifiable recommendations that strengthen effective compliance with the Convention and help to continue the work that has been started.

We encourage the Plurinational State of Bolivia to continue making progress in identification, training, control measures, removal and environmental monitoring with the aim of ensuring that airborne asbestos fibre levels are within safe limits and that workers’ health is not affected.

We recognize the will of the Plurinational State of Bolivia, as expressed in its 15 technical standards and their compliance with Convention No. 167, which demonstrates the commitment to give effect to the Conventions.

We believe that it is important to sustain this progress and protect workers’ health at the workplace. Moreover, so that the Plurinational State of Bolivia knows that it is not alone, we suggest that the Office should provide it with technical assistance to strengthen inter-agency action so that the Plurinational State of Bolivia, while upholding sovereignty and through tripartite dialogue, can continue working for the good and the well-being of its people.

Government member, El Salvador – El Salvador aligns itself with the statement made by Peru and welcomes the information supplied by the Plurinational State of Bolivia on compliance with Conventions Nos 162 and 167. We recognize the progress described by the Plurinational State of Bolivia in the protection of workers’ health and safety. We particularly welcome the implementation of Technical Safety Standard No. 09/23, which establishes guidance on OSH management, including specific provisions on hazardous chemicals such as asbestos. We also highlight the inclusion of asbestos in key sectoral regulations, thereby strengthening the existing normative framework for its regulation. We appreciate the immediate action that is being taken, such the provision of specialized training for workers, the application of control measures and the safe removal of these substances by trained personnel.

We are convinced that constructive dialogue and the strengthening of institutional capacities are fundamental pillars for progress towards the objective of Conventions Nos 162 and 167.

We particularly recognize the action to be taken to prevent exposure, strengthen regulation and ensure adequate training for workers who handle these substances, particularly in the most vulnerable sectors.

We also emphasize that this action is being implemented in a coordinated manner with the participation of the main health, environmental and labour authorities, which, for El Salvador, is fundamental to ensuring their efficiency and integrity through an intersectoral approach.

Regarding Convention No. 167, El Salvador welcomes the information provided on the 15 technical safety standards adopted by the Plurinational State of Bolivia, particularly those covering the construction sector, such as the technical safety standards on work at heights and the OSH work plan.

In conclusion, we encourage the Government to continue making progress in harmonizing its national regulations with Conventions Nos 162 and 167, and to continue strengthening international cooperation with the aim of ensuring the review and continued improvement of compliance with both instruments.

Government representative – In the first place, I would like to supplement the report that I made by referring to Convention No. 167 in relation to the comment concerning the measures necessary to ensure that employers are required to stop the operation and, if necessary, evacuate workers where there is an imminent and serious danger to their safety. In this regard the Plurinational State of Bolivia now has 15 technical safety standards, of which the most specific for the construction sector refer to compliance with the comments relating to Convention No. 167.

In other words, these technical standards have been specifically developed on the basis of the provisions of Convention No. 167, which has been ratified by the Plurinational State of Bolivia. There are technical standards on work at heights, Technical Standard No. 4 on the handling of ladders, Technical Standard No. 5 on scaffolding, Technical Standard No. 6 on demolition work, Technical Standard No. 7 on excavation work, Technical Standard No. 8 on work in confined spaces and Technical Standard No. 9 on the OSH management programme in which, in various provisions under the procedures and protocols established in these technical standards, action protocols are set out which have to be followed by employers in the event of the existence of an imminent risk or emergency in the specific construction activity, specifying how to carry out the evacuation and the action to be taken in the event of the compulsory stoppage of operations in the sector.

I therefore repeat that these standards have been formulated on the basis of ILO Convention No. 167, which has been ratified by the Plurinational State of Bolivia.

The Plurinational State of Bolivia is a country which has demonstrated for the past 20 years its interest and will to improve the conditions of the people in general, and of workers in particular. In this regard, progress has been made in increasing wages. While there are other countries where difficulties exist for wage increases, in the Plurinational State of Bolivia this has become a public policy which is adopted annually on behalf of the workers.

The single health system has been established in the Plurinational State of Bolivia, which ensures universal access for workers, whether they are employed or work on their own account.

This means that it absolutely cannot be claimed that the Plurinational State of Bolivia has not given effect to the rights of workers. Moreover, as indicated at the beginning of the discussion, the Plurinational State of Bolivia comes with a constructive attitude and the desire to demonstrate that, although there has been fundamental progress in relation to the rights of workers and the rights of persons in general, through access to a series of public policies, there are clearly other areas, as you have indicated, in which difficulties have been experienced in moving forward. When I referred to a constructive attitude, I meant that, although there have been limitations in recent years in compliance with Conventions Nos 162 and 167, I appreciate the views expressed by the Group of Latin American and Caribbean countries, Belarus, Cuba, the Bolivarian Republic of Venezuela, Honduras and El Salvador, which have understood the spirit and the efforts that hare being made by the Plurinational State of Bolivia, and the constructive attitude to resolving matters going forward. They have also understood the information that we have provided, both in my intervention, and particularly in the reports that the Plurinational State of Bolivia provided in 2023. Nevertheless, nor can I overlook, because they are overshadowing the discussion, the comments that have been made, which are more of a punitive nature.

It is not true to say that the Plurinational State of Bolivia has not been in compliance for many years or that it has not provided reports since 2004, because the Plurinational State of Bolivia has presented a more detailed report on each of the matters raised in the document, which I have explained point by point. This therefore to a large extent explains why the measures to protect the rights of workers, in relation to the use of asbestos and with reference to workers in construction and the related hazards, do not necessarily need to be set out in a law. There can be lower ranking provisions, such as decrees and ministerial decisions, or the technical standards that we have formulated on the basis of Convention No. 167.

What I am therefore asking, through the Chair, is that those who have not had occasion to review the reports provided by the Plurinational State of Bolivia, which contain all the details and provide fuller explanations than I have been able to do, should consider that these are the factors that are enabling us to give effect to the commitment that we have now assumed. All the elements that I have described, related to multisectoral work, are the ones that we need to implement going forward to update our standards. The approach to these elements can also be observed in consultations, which is clearly an element that we consider relevant. Moreover, we value this effort and the offers made by certain countries to develop a discussion platform, as we recognize that it is necessary to obtain information in order to formulate the standards and policies that will enable us to give effect much more fully to Conventions Nos 162 and 167. In this regard, I also call on the ILO, and in particular I reaffirm the commitment of the Plurinational State of Bolivia to take action to address this as we have been doing, both at the institutional level and through coordination with the ILO.

In other words, we accept the comments that are contained in the ILO report and we hope that on this basis we will be able to make progress going forward through joint efforts with the ILO and other friendly countries.

Worker members – On behalf of the Worker members, I would like to thank the Government of the Plurinational State of Bolivia for its participation in this discussion and for all its contributions, as well as the contributions of the governments, workers and employers’ organizations here today. We particularly appreciate the effort to provide background information and the expressions of willingness to engage in dialogue.

This exchange, however brief, has highlighted the importance of strengthening mechanisms for tripartite consultation and social dialogue, which are fundamental pillars of the Organization’s standards supervisory system. Even where there are differences of analysis or approach, we recognize that the commitment to technical and transparent discussion is the first step to overcoming challenges.

In this regard, we would like to reaffirm that the Workers’ group is not seeking penalties or warnings, but effective compliance with the commitments made by States through the ratification of Conventions. Hence, we urge the Government to undertake a process of legislative and administrative reforms in order to comply with the obligations of Conventions Nos 162 and 167.

Both instruments, as already said, are part of the body of standards that protect workers’ safety and health, recognized as fundamental labour rights by this very Conference. Their effective implementation not only prevents diseases and accidents, but also contributes to improving the quality of employment and decent work.

We therefore request the Office to provide the Government with the necessary technical assistance, both to revise and update its legislation, and to build institutional capacities for prevention, inspection, monitoring and protection in all sectors, and not only in those that are already partially regulated.

We firmly believe that ILO technical support can be a key instrument in channelling efforts towards progressive and enduring compliance based on dialogue.

Finally, we reiterate our willingness to continue this constructive exchange in a climate of mutual respect, effective social dialogue and the common pursuit of social justice.

Employer members – In their concluding observations on this case, the Employer members would like to thank the Government of the Plurinational State of Bolivia once again for the additional information it has provided, as well as thanking the other people who have made contributions.

We regret the perception of the Government representative of the Plurinational State of Bolivia regarding the supposedly punitive nature of this exercise, in view of the complexity of the situation and the repeated concerns expressed by the Committee of Experts at the persistent shortcomings in the national legislation in giving full effect to the provisions of Conventions Nos 162 and 167.

We reiterate our commitment to this case. The Employers emphasize that we cannot overlook the need to strengthen the protection of workers from exposure to asbestos and construction hazards, which have a significant impact on their occupational safety and health.

We share the concerns expressed by the Committee of Experts, as the lack of concrete and specific measures and the absence of effective tripartite consultation represent significant challenges to ensuring the development of sustainable and effective OSH policies.

In light of the recent debate, the Employers’ group would like to recommend the Bolivian Government to intensify its efforts to:

• (1) adopt without delay concrete and specific measures that supplement the existing generic framework and ensure the full application of the provisions of Conventions Nos 162 and 167. This includes prohibiting the use of crocidolite and asbestos spraying, ensuring that demolition and asbestos removal is only carried out by qualified employers and contractors, establishing clear exposure limits and providing protective respiratory equipment and special protective clothing;
• (2) ensure that, in the event of an imminent and serious threat to the safety of construction workers, employers take immediate steps to stop operations and evacuate workers in the event of imminent danger to their safety, as we have said;
• (3) ensure effective and institutionalized consultation with the most representative employers’ and workers’ organizations at all stages of the design, implementation, review and monitoring of OSH policies and measures, especially with regard to asbestos and construction;
• (4) provide detailed information on the measures taken or planned to implement the essential provisions that ensure compliance with the Conventions under discussion today, including the keeping of records of the monitoring of the working environment and the exposure of workers to asbestos, access to these records by workers and their representatives, and the right to request such monitoring and to appeal to the competent authority; and
• (5) ensure that 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.

We take note of the Government’s request for ILO technical assistance in preparing article 22 reports and we hope that the Plurinational State of Bolivia will continue to work with the support of international cooperation, including the ILO, to strengthen the capacity of public officials, as well as employers’ and workers’ organizations, to design and implement effective and sustainable strategies to improve OSH in the country.

The Employers hope that the Government’s commitment will translate into specific measures to ensure compliance with the Conventions and that we will soon witness significant progress in the situation described to us.

Conclusions of the Committee

The Committee took note of the oral and written information provided by the Government and the discussion that followed.

The Committee noted with concern that the national occupational health and safety regulations did not contain specific regulations on asbestos and recalled that a safe and healthy environment is a fundamental principle and right at work.

Taking the discussion into account, the Committee urged the Government to take effective and time bound measures to:

• initiate legislative measures, after full consultation with the most representative employers’ and workers’ organizations, considering the recommendations of the ILO supervisory bodies, to guarantee the full compliance of national law (including on policies for asbestos and construction; risk prevention and control; disability and inclusion; and on the provision of respiratory protection equipment and special protective clothing) and practice with the Convention;
• adopt, without delay, in consultation with the most representative employers’ and workers’ organizations, concrete and specific measures to complement the existing framework and ensure the full implementation of the Convention in all sectors and industries;
• ensure that records of monitoring the working environment and workers’ exposure to asbestos are maintained for a prescribed period, and that the workers concerned, their representatives, and the inspection services have access to those records, as well as the right to request monitoring of the working environment and to appeal to the competent authority regarding the results of such monitoring;
• adopt specific measures without delay to ensure, in line with the Convention, that workers are informed in an adequate and appropriate manner of the results of their medical examinations and receive advice concerning their health in relation to their work in situations involving exposure to asbestos.

The Committee requested the Government to provide detailed and complete information on measures taken to implement these recommendations in line with the Convention by 1 September 2025.

Government representative – As I indicated on Tuesday, the Government of the Plurinational State of Bolivia has come with a constructive attitude and, in this spirit, we take on board the comments made by the Committee. We cannot fail to note that the Plurinational State of Bolivia is a country that clearly identifies with workers’ rights, as illustrated by the measures adopted in relation to these two Conventions, over and above the ILO’s recommendations, based on the commitment of the Bolivian Government to workers.

We note that concern is expressed in the conclusions that the Plurinational State of Bolivia has not adopted specific provisions on asbestos. Both in the reports provided and the oral explanations that I gave, it is clear that the Plurinational State of Bolivia does indeed have standards, including standards from the 1990s, in which asbestos is specifically identified as a hazardous substance for workers. However, this has not been taken into consideration either in the comments made following the oral explanations, or in the conclusions.

While taking on board all the comments that have been made, I would like to make an observation on the methodology that is used in these comments. The comments are made by a group of experts who analyse a country and the action that is being taken by that country. Countries provide reports containing a set of information, and the Committee of Experts issues the report, which is then published. We then make an oral intervention and we hope that the information provided orally will be taken into consideration in the views that are then expressed by governments, employers and workers.

The Bolivian Government then makes a reply and gives its views on the whole procedure that has been followed, which is finally followed by the conclusions. Our comment is that everything appears to be prepared on the basis of the report of the Committee of Experts and, unfortunately, the comments that we have made orally have not been taken into consideration, particularly when indicating that the Plurinational State of Bolivia does not have standards. Yes, it does have standards, as noted in the report. We consider that the comments made by the Committee following the oral intervention and the views expressed by Governments should reflect more exhaustively the information that has been provided and the clarifications made orally. It would appear that these have not been taken into consideration adequately.

Individual Case (CAS) - Discussion: 2025, Publication: 113rd ILC session (2025)

Asbestos Convention, 1986 (No. 162); Safety and Health in Construction Convention, 1988 (No. 167)

Written information provided by the Government

The Government has provided the following written information, as well as a copy of the proposed tentative methodology for conducting training workshops on the safe use of asbestos and occupational safety for sectors exposed to asbestos.

The Plurinational State of Bolivia affirms that, in accordance with the Conventions, it has in place the General Act on Occupational Safety and Health, and Welfare, adopted by Legislative Decree No. 16998 of 2 August 1979, on occupational safety and health (OSH) management programmes, Technical Safety Standard (NTS), NTS 009/23, adopted by Ministerial Decision No. 992/23 of 9 June 2023, on OSH management programmes, and NTS 008/17, approved by Ministerial Decision No. 387/17 of 17 May 2017, which, although they are general, contribute to reducing the use of asbestos and to its elimination as, in order to comply with these standards, enterprises in various areas take measures to protect the safety of workers against exposure to agents harmful to their health.

Specifically with regard to Convention No. 162, technical point 5(b) of NTS 009/23 requires specific studies and/or monitoring, depending on the characteristics of the enterprise or workplace, with the results to be recorded in the hazard identification, risk assessment and control (IPER) matrix, in which asbestos is included under: “(ii) contaminating chemicals in the working environment (hazardous substances) and (vi) other studies that may be necessary”. Immediate action will also include the development of a training programme to raise awareness of the safe use of asbestos and occupational safety for sectors exposed to asbestos. The programme will be brought to the attention of the World Health Organization so that it can contribute to its content through experts on the subjects on an inter-institutional basis with the Ministry of Health and Sports and other institutions to be identified.

Discussion by the Committee

Chairperson – I now have the honour of giving the floor to the distinguished representative of the Government of the Plurinational State of Bolivia, the Deputy Minister of Employment, the Public Service and Cooperatives.

Government representative – I would like to start by conveying greetings from the Plurinational State of Bolivia and the Ministry of Labour, Employment and Social Welfare to the Committee and all the delegations present, including Government, Worker and Employer members. It is appropriate to start by specifying that the Plurinational State of Bolivia reaffirms its commitment to the application of ILO Conventions. The Plurinational State of Bolivia, as a founder member of the ILO, has ratified 8 of the 10 fundamental Conventions and has ratified almost 50 Conventions in total, thereby demonstrating its clear commitment to international labour standards and their application from a position of sovereignty.

While the Plurinational State of Bolivia has ratified a significant number of ILO Conventions, it is important to bear in mind that the implementation and application of these Conventions may differ in practice. Despite the efforts made in relation to workers’ rights, which have to be acknowledged, it is also important to review good practices and consider recommendations that can be applied to our situation with a view to optimizing the application of Conventions, always with respect for sovereignty in relation to decisions on the approach to economic development.

This may be the specific case of Conventions Nos 162 and 167, and we are coming before this Committee with a constructive attitude both to explain the efforts made in the Plurinational State of Bolivia for the application of these Conventions and to listen to recommendations that can help us to move forward within the framework of the decisions taken in our country.

In the report of the Committee of Experts, based on the reports provided by the Plurinational State of Bolivia on Conventions Nos 162 and 167, information is provided on the progress reported and the comments made as a background to the action that we are taking.

With reference to Articles 3 and 4 of Convention No. 162, on legislation and consultation, the progress consists of the adoption of Regulations on air pollution, which classify asbestos as a carcinogenic substance and include it on the list of hazardous pollutants to be considered in the preparation of air emission inventories. We are referring to the Regulations issued under the Bolivian Environment Act.

Moreover, the Environmental Regulations for the industrial manufacturing sector consider asbestos to be an extremely hazardous substance and include asbestos among the carcinogenic substances that have to be taken into consideration in the formulation of air emission inventories in the manufacturing sector. The Environmental Regulations for mining activities also provide that asbestos, in all its chemical forms, is considered to be a hazardous pathogenic substance.

In relation to these provisions, the Committee of Experts has requested more specific information from the Government of the Plurinational State of Bolivia with a view to preventing and controlling health hazards and holding consultations with the most representative organizations for the development of policies.

With reference to Articles 9, 10, 11 and 12 of Convention No. 162, in relation to legislative measures to prevent and control exposure to asbestos, including its replacement and prohibition, the Plurinational State of Bolivia has developed Technical Safety Standard No. 009/23, which in the IPER matrix identifies risks, measures and alternatives, with the requirement in all sectors of economic activity to identify hazardous substances or products, such as asbestos. Similarly, Ministerial Decision No. 387/17 on work in confined spaces in relation to exposure limits and the Environmental Regulations for the industrial manufacturing sector provide that the industry shall make efforts to replace or minimize the use of asbestos. Fine dust asbestos of less than 2.5 micrometres, including crocidolite, is considered a carcinogenic and extremely dangerous substance. Or, in other words, in the Regulations asbestos is identified as a hazardous substance.

In relation to Articles 9 and 10, respecting legislative control and prevention measures, the prohibition of crocidolite, or measures for the prohibition of crocidolite, and the prohibition of spraying in all industrial sectors, the observation made by the Committee of Experts is that, although there are provisions in certain clearly identified sectors, such as manufacturing, or provisions at different levels, greater specificity is required.

With reference to Article 15(3) of Convention No. 162 on the prevention or control of the release of asbestos dust and ensuring compliance with exposure limits, Ministerial Decision No 1444/23 has been issued adopting the General Regulations on Labour Inspection.

This is relevant progress because in the General Regulations on Labour Inspection advances have been made in the control and inspection of these occupational safety and health (OSH) issues, particularly with reference to the identification of hazardous substances through the technical standards that are adopted in each case.

The Environmental Regulations of the industrial manufacturing sector provide that processes that emit gasses, particulate matter and vapours are to be considered as priorities. Industry also has to comply with the permissible limits for pollutant emissions, which include fine dust asbestos, and self-monitoring has to be carried out at least annually of all the parameters that can be generated by their activities in the form of emissions.

In this case, the Committee of Experts requests measures to reduce exposure to asbestos to as low a level as is reasonably practicable in all sectors and industries, and not only in industry, and information on the specific measures adopted by the labour inspection services. In this context, the need for the information that is generated to be systematic and publicly available is considered to be of great relevance.

With reference to Article 16, on practical measures taken by the employer for the prevention and control of exposure, the General Regulations on Labour Inspection in relation to OSH technical inspections establish the requirement for inspectors to assess compliance with OSH standards.

The Environmental Regulations for the industrial manufacturing sector and the Environmental Regulations for mining activities establish requirements for prevention and control in relation to hazardous substances, which include asbestos.

In this case, the Committee of Experts requests the adoption of specific measures to ensure the employers are responsible for practical measures for the protection of workers from asbestos.

In relation to Article 20 on the keeping of records of the monitoring of the working environment, Technical Safety Standard No. 009/23 provides that, within the framework of the submission of OSH plans, the employer shall conduct health surveys and/or monitoring, where appropriate, of chemical pollutants in the work environment and suspended particulate matter, which are valid for one year from the date of their formulation.

The Committee of Experts emphasizes that the records of the monitoring of the working environment and of the exposure of workers to asbestos must be kept for a period prescribed by the competent authority, and that the workers concerned, their representatives and the inspection services have access to the records

Moreover, workers and their representatives must have the right to request supervision of the working environment and to appeal to the competent authority concerning the results of the supervision, as set out in Article 20 of Convention No. 162.

With reference to Article 21, which refers to information on medical examinations and other means of maintaining income when assignment to work involving exposure to asbestos is inadvisable, the Committee of Experts calls for workers to be informed in an adequate and appropriate manner of the results of their medical examinations and to receive individual advice concerning their health. It also calls for other means of maintaining income and protection measures in specific branches of activity.

It is important to emphasize that, in each of these Articles which have been identified both in the comments made by the Committee of Experts and in the progress that has been made by the Government, it is necessary to bear in mind, as we indicated in our introduction, that each of these components has differing levels of applicability.

For example, finding alternative means of maintaining income depends on economic conditions and capacities, and cannot be seen as a requirement that applies to all countries equally. There are countries, including the Plurinational State of Bolivia, where, even though we have made much progress in overcoming unemployment, alternative means of maintaining income give rise to difficulties.

Accordingly, it has to be understood that, while each of these areas have been identified as being in need of action, and that it is necessary to move forward based on the recommendations made, the degree of implementation is subject to their differing characteristics.

It is also important to emphasize that the action taken at the enterprise level has been relevant in the implementation of measures for the replacement of asbestos as a material, particularly in construction.

There are enterprises that have certified in their own interests the replacement of 100 per cent of asbestos. Moreover, entrepreneurs have developed a series of mechanisms for educational purposes and awareness-raising and also, from their own perspective, for the implementation of action in relation to asbestos. They have implemented quality standards related to ISO which are, as you know, voluntary and are more related to the competitivity of enterprises.

So what are the potential sectors in the Plurinational State of Bolivia?

First, construction. This is undoubtedly the most vulnerable sector. Asbestos was widely use in the construction of buildings. Uralite, a material composed of cement and asbestos, was very commonly used in roofing and other structures, such as water tanks which, as you will understand, can be highly dangerous. Exposure generally occurs for workers who handle materials containing asbestos, with the deterioration of materials and in maintenance and cleaning work.

And then, in the case of mining, the mining of asbestos in the Plurinational State of Bolivia is limited in view of the significant risks of exposure.

In the case of motor mechanics, workers are in contact with outdated systems, such as brakes and clutches that are imported, as they are not produced in the Plurinational State of Bolivia, and give rise to risks resulting from the use of asbestos.

Similarly, the population in general may be exposed to asbestos in houses and old buildings that include materials containing asbestos.

This is illustrative of the progress that has been made, as there is no longer any manufacture of asbestos materials in the Plurinational State of Bolivia. However, we are bound to acknowledge that it is necessary to supplement the information on the basis of which measures can be taken to update the measures adopted up to now, and as a basis for formulating policies to achieve compliance with the standards, including Convention No. 162, which have been ratified by the Plurinational State of Bolivia, such as the adoption of laws and rules at the various levels, as in some cases it may be possible to adopt or amend laws, and in other cases decrees, ministerial decisions and OHS technical safety standards.

So what action is being taken at the moment?

As I have said, it is difficult to take each of the comments and in each case enumerate action that is ready to be adopted.

So, what is it that we have identified for future action and what measures are being taken to address comprehensively the elements that we consider need to be updated?

I once again reiterate, also based on the comments made by the Committee of Experts, what is of interest to us is the theme of the protection of workers’ rights and health, in recognition that the principal limitation in updating policies and laws on asbestos is the generation of information and capacities as a basis for formulating policies and legislative measures and for monitoring.

Multisectoral work has therefore been initiated in view of the involvement of sectors such as health, covering the impact of asbestos on health, the development of production and enterprise activities. The Ministry of the Environment, based on the agreements concluded on organic components and persistent materials, with particular reference to the National Occupational Health Institute, has a project under the Ministry of Health, which is an inter-institutional cooperation project with the Chrysotile Information Centre, SIC-ANDES of Peru, on training for the safe handling and appropriate management of chrysotile and asbestos, with the technical support of the International Chrysotile Association. During this phase, we will establish other cooperation mechanisms with other institutions and it will also be important to engage in exchanges of experience with countries. In other words, we would be very pleased to engage in the exchange of experience with other countries that have made significant progress in law and in policies, and particularly with the ILO Office in the Plurinational State of Bolivia, with which we have undertaken a series of proactive activities which have enabled us to address various subjects. It is through this commitment to intersectoral work that we think we can move forward in addressing each of the comments through the formulation of policies and provisions with a view to updating each of these elements.

Employer members – The case before the Committee concerns the application of Conventions Nos 162 and 167, ratified by the Plurinational State of Bolivia in 1990 and 2015, respectively. It is the first time that the application of these Conventions has been examined by this Committee in relation to the Plurinational State of Bolivia, even though the Committee of Experts has made numerous observations since 2013, and most recently in 2024, 2023, 2021, 2019, 2018 and 2015.

We thank the Government of the Plurinational State of Bolivia for the written information provided, including the proposed methodology for conducting training workshops on the safe management of asbestos use and occupational safety, and we take note of its request to the Office for technical assistance in preparing article 22 reports.

However, the Employers would like to note that, although there is a commitment to promoting compliance with the provisions of these Conventions, in practice it is necessary to consider that the observations of the Committee of Experts in 2024 reiterate long-standing concerns about existing gaps in the national legislation. In this regard, we echo the concerns of the Committee of Experts and would like to make a few points.

First, with regard to the regulatory framework and specific measures for risk prevention and control, the Government has reported the existence of the General Act on Occupational Safety, Health and Welfare and a series of OSH technical standards, in addition to management programmes in this field.

However, the Committee of Experts has repeatedly pointed out that, although these general standards are in force, they lack the specific provisions necessary to give full effect to Conventions Nos 162 and 167 ratified by the Plurinational State of Bolivia.

Despite repeated requests by the Committee of Experts, the Government has not yet adopted the necessary measures to harmonize the legislation with the requirements of the ratified Conventions, particularly with regard to the prevention and control of health hazards due to occupational exposure to asbestos, and the protection of workers against such hazards.

This is with regard to Article 3 of Convention No. 162.

With regard to Articles 11 and 12 of Convention No. 162, there is a lack of specific measures prohibiting the use of crocidolite and the spraying of asbestos, as well as a lack of provisions requiring the demolition of plants or structures containing asbestos and its removal to be undertaken only by qualified employers or contractors (Article 17(1) of Convention No. 162).

It is essential to establish clear exposure limits and take measures to reduce exposure to the lowest possible level, in accordance with Article 15 of the Convention. Specific information is also needed on the provision of respiratory protective equipment and special protective clothing, in accordance with Article 15(4) of Convention No. 162.

The Employers express their commitment to a culture of risk prevention at the workplace and to the design of practical measures for the prevention and control of workers’ exposure to asbestos and their protection.

In relation to Article 16 of Convention No. 162, we encourage the Government to work in consultation with the most representative employers’ and workers’ organizations to design a clear and specific regulatory framework.

Second, in relation to Article 12 of Convention No. 167, the Committee of Experts emphasizes that measures specifying the action to be taken in the event of an imminent and serious threat to workers’ safety have yet to be adopted. We call on the Government to intensify its efforts to consult the social partners and agree on a regulatory framework that allows for immediate measures to be taken to stop operations and evacuate workers where there is an imminent and serious danger to their safety.

Third, it is therefore necessary to review the comments made by the Committee of Experts on tripartite consultation and the role of the social partners in the Conventions under examination.

The Committee of Experts has explicitly requested the Government to consult the most representative employers’ and workers’ organizations on the measures to be taken to give effect to the provisions of the Conventions.

Although the Government has mentioned the preparation of a training programme on the safe management of asbestos, which will be shared with the World Health Organization (WHO) and other institutions, there is no indication in the information provided that institutionalized and effective consultation forums have been created with representative employers’ and workers’ organizations for the design, implementation or review of the measures to be taken.

As social partners, employers’ and workers’ organizations have the capacity to provide a comprehensive and practical overview of risk factors, the application of new technologies and strategic skills, labour market challenges and the most effective tools for strengthening worker protection.

We therefore request the Government to make every effort to ensure the institutionalized and effective consultation of the social partners at all stages of the design, implementation, review and monitoring of OSH policies and measures, especially with regard to asbestos and construction. We request the provision of detailed information on the formulation of any specific policies on asbestos and construction.

Fourth, with regard to monitoring, information for workers and income maintenance, the Committee of Experts has expressed regret that the Government has not provided information on the application of Articles 20 and 21 of Convention No. 162. It is essential to take measures to ensure that records of the monitoring of the working environment and of workers’ exposure to asbestos are kept for a prescribed period. Furthermore, in accordance with Article 20(3) and (4) of the Convention, it must be ensured that affected workers, their representatives and the inspection services have access to these records, as well as the possibility to request the monitoring of the working environment and to appeal to the competent authority regarding the results of such monitoring. The Committee of Experts also reiterated the need for workers to be informed in an adequate and appropriate manner of the results of their medical examinations and to receive individual advice concerning their health in relation to their work.

Finally, it does not appear from the information provided that specific measures have been taken to ensure that, where continued assignment to work involving exposure to asbestos is medically inadvisable, every effort is made, consistent with national conditions and practice, to ensure that the Government provides the workers concerned with other means of maintaining their income. We therefore call on the Government to provide detailed information on the measures taken or planned to implement these provisions.

In conclusion, the Employers wish to express their support for the approach adopted by the Committee of Experts in examining Conventions Nos 162 and 167 together. We reiterate our appreciation of the information provided to this Committee. We hope that the strong commitment expressed by the Government will be translated into concrete action aimed at improving the OSH of workers, especially with regard to exposure to asbestos and safety in construction.

Worker members – I would like to begin by reaffirming an essential principle of the ILO standards system. The ratification of an international labour Convention gives rise to a dual legal and political responsibility for the Member State. It implies the obligation to both comply effectively with the substantive standards established in the instrument and to respect the commitments arising from the international supervisory mechanism, which is based on social dialogue and systematic information-sharing through the submission of periodic reports. These two dimensions are inseparable: without information there is no supervision and without supervision there is no guarantee of compliance, nor the possibility to redress shortcomings. The international standards system is based on good faith, but also on traceability. The provision of regular and full reports is not an accessory requirement, it is an essential pillar of the institutional model of this Organization.

The case of the Plurinational State of Bolivia reveals a worrying and ongoing omission with respect to these obligations. With regard to Convention No. 162, the Committee of Experts has reiterated that no information has been received since 2004 on the manner in which the country has implemented provisions to protect workers against exposure to asbestos. This administrative silence is all the more alarming considering the nature of the risk.

As the Committee of Experts has recalled, all forms of asbestos are classified as known human carcinogens and in 2006 the Conference adopted a resolution emphasizing that the elimination of the future use of asbestos and the proper management of asbestos currently in place are the most effective means to prevent diseases and deaths. The Plurinational State of Bolivia lacks specific legislation regulating asbestos in all sectors.

While there are environmental standards that recognize the extremely dangerous nature of this substance, they are limited to the industrial and mining sectors.

The Committee of Experts has highlighted the urgent need for the adoption of legislative measures in consultation with employers and workers, and for the effective application of Articles 9, 10, 11 and 12 of Convention No. 162, which require measures to control and prohibit the use of crocidolite and spraying.

Even more worrying, the Government has not provided information on the implementation of Article 16 of Convention No. 162, which establishes the obligation for employers to take practical measures for the prevention and control of exposure to asbestos. Nor has it established the right of workers to have access to the records of the monitoring of the working environment, or prescribed minimum periods for them to be kept, which is contrary to Article 20 of Convention No. 162.

These gaps include medical protection. The Committee of Experts has insisted that specific measures must be adopted to ensure that workers are informed in an adequate manner of the results of their medical examinations and are provided with alternative work when they cannot continue to carry out work involving exposure to asbestos, in accordance with Article 21 of the Convention. This reveals not only an administrative omission, but also a systematic and structural failure of compliance, which poses a risk to the lives and health of thousands of workers.

The situation does not improve when analysing Convention No. 167. The Plurinational State of Bolivia has also failed to provide recent reports on this instrument. The Committee of Experts has noted that the national legislation does not set out the requirement to stop the operation and evacuate workers in the event of imminent risk, as required by Article 12 of Convention No. 167. It should be recalled that Convention No. 167 protects one of the sectors with the highest rates of accidents. Failure to comply with the Convention makes it difficult to verify whether the Plurinational State of Bolivia is adopting preventive measures by training its workers and adequately monitoring the conditions of building works.

Conventions Nos 162 and 167, although technical, are part of the body of standards on OSH protection, which is a category recognized by the Conference as a fundamental right. These are not secondary obligations. They relate to the lives, health, and physical and moral safety of workers.

The Workers’ group considers that this lack of sustained compliance not only affects Bolivian workers, but also weakens the multilateral standards system. The effectiveness of the system depends on the active and responsible participation of States. The technical, impartial and substantiated supervision carried out by the Committee of Experts cannot fulfil its function if it does not receive the minimum necessary input. This is not an isolated complaint, but rather a collective concern.

The reports to be provided by States are not procedural or symbolic gestures, but tools for the assessment of transparency and institutional co-responsibility. We therefore urge the Government to urgently reconsider its action, reinstate the mechanisms of institutional dialogue with this Organization and act with the due diligence required by the fundamental human rights of its workers.

Employer member, Plurinational State of Bolivia – We would like to thank the Government of the Plurinational State of Bolivia for its presentation on the use of asbestos in relation to Conventions Nos 162 and 167. We would also like to express our agreement with the statements made by the Employer and Worker spokespersons.

We would like to inform you that the Confederation of Private Employers of Bolivia (CEPB), together with the ILO, has carried out work on issues such as asbestos, its use, the danger it poses for health and the applicable rules in the case of the use of asbestos.

Among the safety considerations that were noted, it was concluded that there were permissible levels of exposure, ongoing monitoring that must be carried out continually, especially for people who use or are exposed to the use of this substance, the application of controls, and the protection of workers. Certain important recommendations were also made, such as measurements to be carried out for monitoring, the medical reports that must be drawn up for workers, especially those exposed to these substances, and training for those concerned. The recommendations to be taken into account include precautions when working with asbestos. As we have said, all of this is in accordance with Conventions Nos 162 and 167, as previous speakers have already explained.

In the case of the Plurinational State of Bolivia, I would also like to tell you that the most important issue from the enterprise perspective is the use of asbestos in roofing, which has already been voluntarily discontinued.

Worker member, Plurinational State of Bolivia – I am speaking on behalf the Bolivian Central of Workers, which represents all workers in the Plurinational State of Bolivia. Convention No. 162 has clearly shown us that the use of asbestos in industry, the automotive industry, construction and mining, is a hazard to health. Its microscopic and carcinogenic fibres, which mainly affect the lungs, have caused many workers to suffer from a very serious disease. We, as workers, therefore call for effect to be given to Convention No. 162 once and for all, and for the ILO to monitor the different aspects in this regard.

We recognize that the Plurinational State of Bolivia is undergoing a process of industrialization and, precisely because of this, some enterprises are moving away from the use of asbestos towards other similar materials in order to avoid the harm caused mainly to humans, as well as to other living beings.

We know that starting to replace chrysotile, amosite, crocidolite and actinolite, is not enough. We know perfectly well that the safety measures that, we, as workers, are demanding in areas such as health, permissible levels of exposure to these substances which are hazardous to health, the protection of workers, mainly through occupational safety, regular medical reports that unfortunately do not reach the beneficiaries, and the constant handling of all these materials, are directly related to, for example, Convention No. 167. And here we are talking about construction being linked to the hazards caused by asbestos.

In the Plurinational State of Bolivia, we have buildings with roofs that, to this day, are made of asbestos, as well as asbestos tanks and pipes. Enterprises constructing new buildings make use of our construction workers, who are bound to work with these harmful substances. However, something is missing here.

What is missing is precisely the occupational safety that many employers are failing to ensure, and when I say occupational safety, I am referring mainly to protection measures for workers, which must be provided to workers.

This necessarily implies a financial cost for employers. However, the fact is that we need, once and for all, to give effect to all the various Articles of the ILO Conventions that apply to us as workers in the Plurinational State of Bolivia.

We, as workers, demand compliance with these standards because, after all, these hazards do not only affect workers, but also inevitably their families. Most importantly, occupational safety must be genuine and ensured by the State. In this case, the relevant Ministry mandated by law must ensure strict and thorough monitoring. Thus, it may be possible to avoid the potentially harmful consequences for Bolivian families, and particularly for each and every worker.

We therefore respectfully request that the recommendations are binding on the Government and the private sector.

Government member, Peru – I have the honour to make this statement on behalf of a group of Latin American and Caribbean countries, namely Chile, Colombia, Costa Rica, Cuba, Ecuador, El Salvador, Guatemala, Honduras, Panama, Paraguay, Peru and the Bolivarian Republic of Venezuela. We welcome and appreciate the information provided by the Deputy Minister for Employment, the Civil Service and Cooperatives, on behalf of the Plurinational State of Bolivia, on the action taken for the application of Conventions Nos 162 and 167.

We express our appreciation of the efforts being made by the Plurinational State of Bolivia, including, as reported, the General Act on Occupational Safety, Health and Welfare, the adoption of regulations establishing asbestos as a carcinogenic and highly dangerous substance, and Ministerial Decision No. 992 of 2023, which approves the technical safety standard and regulates the mandatory submission of OSH management programmes and establishes guidelines and standards for OSH management.

We also appreciate the recommendations made by the Committee of Experts to the Plurinational State of Bolivia, which promotes the implementation of its regulations on the prevention and control of health hazards for workers and the reduction of exposure to asbestos, in coordination with the organizations concerned.

We therefore encourage the State to continue its efforts to implement Conventions Nos 162 and 167 and to take into account the recommendations of the Committee of Experts to strengthen its regulations so that they specifically regulate the use of asbestos.

The Latin America and Caribbean region has made significant progress in the application of Conventions Nos 162 and 167 and in the adoption of relevant measures to prevent, control and reduce the use of asbestos, and we therefore welcome the country’s openness to developing regional cooperation projects for this purpose.

We encourage you to continue your approaches to specialized regional and international institutions and organizations to promote inter-institutional cooperation for training in the use of asbestos and the promotion of OSH.

Interpretation from Russian: Government member, Belarus – We are grateful to the delegation of the Plurinational State of Bolivia for the presentation of detailed information on the issue under consideration. We welcome what has been done by the Government at both legislative and practical levels, that is to say the measures that have been taken to protect the lawful rights and interests of workers who are exposed to the impact of asbestos in the course of work. We also commend the willingness shown to work on the issue of reducing the negative impact of asbestos with the World Health Organization. Taking into account what has been demonstrated by the Government, that is its commitment to fulfilling the obligations it has accepted within the framework of ratified Conventions, we call upon the ILO to give the country technical assistance for the attainment of these goals.

Worker member, Switzerland – This statement is supported by Australian workers. In 2022, the Conference decided by consensus to include the right to a safe and healthy working environment in the framework of fundamental principles and rights at work. All ILO Member States committed to promote safety and health as a fundamental right. This includes the obligation to share information on the risks of substances and their safe and proper use.

However, the inclusion of chrysotile asbestos in Annex III to the Rotterdam Convention, which allows the establishment of a prior informed consent procedure for the exchange of information on health hazards, has been blocked for nearly 20 years by a very small number of ILO Member States, which are also signatories to the Convention. I note that the Plurinational State of Bolivia is not among the countries blocking this measure, which would significantly strengthen the protection of workers exposed to this hazardous substance.

It should be recalled that each year around 1 million workers die from exposure to hazardous chemicals, including over 200,000 from asbestos-related diseases.

In the case of the Plurinational State of Bolivia, which is under examination here, the Committee of Experts notes in its report that neither the OSH management systems nor the related standards contain specific regulations on asbestos. It therefore requests the Government to ensure that national laws or regulations prescribe specific measures for the prevention and control of health hazards related to occupational exposure to asbestos in all sectors and industries. The Committee of Experts also requests the Government to ensure that employers are held responsible for the establishment and implementation of practical measures for the prevention and control of the exposure of workers to asbestos. We call on the Government of the Plurinational State of Bolivia to give effect to these recommendations of the Committee of Experts.

However, to prevent a small number of countries from undermining the decision taken by the Conference in 2022 to guarantee the right to a safe and healthy working environment as a fundamental right at work, it is essential for all ILO Member States that are also signatories to the Rotterdam Convention to work actively for a reform of that Convention, with a view to incorporating a prior informed consent procedure in order to guarantee the right to information on the risks of highly hazardous substances such as chrysotile asbestos. This would constitute an important means for the Plurinational State of Bolivia, as well as for other States, to ensure compliance with ILO Conventions Nos 162 and 167.

Government member, Cuba – The delegation of Cuba acknowledges the significant progress made by the Plurinational State of Bolivia in the protection of the safety and health of its workers. The Plurinational State of Bolivia has demonstrated a firm commitment to social justice and decent work by implementing specific measures to strengthen its labour regulations and ensure decent and safe working conditions.

The ratification and implementation of Conventions Nos 162 and 167 reflect the will of the Plurinational State of Bolivia to align itself with international standards and make progress in the prevention of occupational risks.

Through the modernization of its legislation, rigorous monitoring of hazardous substances and specialized training, the Plurinational State of Bolivia is becoming a model in the region for occupational safety management. In compliance with the comments on Convention No. 167, the Plurinational State of Bolivia has adopted 15 technical safety standards which establish specific protocols for the construction sector. Among the most relevant are the standards on working at heights, handling ladders, the use of scaffolding, excavations and work in confined spaces, all with clear provisions to ensure the immediate evacuation of workers and stoppage of operations in the event of imminent risks.

The country has also strengthened its legal framework with Supreme Decree No. 2936 issuing regulations on the application of Convention No. 167 and requiring employers to take immediate action in the event of serious danger to the safety of workers.

Cuba welcomes this progress and reaffirms its support for international cooperation to continue strengthening OSH policies. Worker protection is a shared priority, and the path taken by the Plurinational State of Bolivia is an example of commitment to welfare and sustainable development.

Worker member, Honduras – I would like to recall that the Committee of Experts has made observations on these Conventions and, in accordance with the Preamble to the ILO Constitution, which provides that: “… whereas conditions of labour exist involving such injustice, hardship and privation to large numbers of people as to produce unrest so great that the peace and harmony of the world are imperilled; and an improvement of those conditions is urgently required; as, for example, by … the protection of the worker against sickness, disease and injury arising out of this employment …”.

In view of the above, it should be recalled that, although the Plurinational State of Bolivia has general standards and regulations on OSH, they do not explicitly provide for the prevention or control of exposure to asbestos. Nor do they establish specific measures for the replacement or prohibition of this substance, or guarantee procedures that ensure that workers are properly examined, treated and informed about their state of health in relation to such exposure. All of this would be essential to ensure the full application of Convention No. 162.

The State must therefore adopt clear and effective measures to prevent, protect and control the health hazards due to occupational exposure to asbestos in all branches of industry, not just manufacturing. These measures include: a total or partial prohibition of the use of this substance in the various work activities or processes involving contact with it, and the implementation of effective controls to prevent or reduce the emission of asbestos dust into the air, ensuring compliance with exposure limits and seeking to reduce them.

It should be recalled that, since 2006, the Conference has recognized that all forms of asbestos, including chrysotile, are classified as extremely hazardous substances and therefore carcinogenic to humans, according to the International Agency for Research on Cancer (IARC). The Conference has expressed its deep concern at the risks faced by workers, not only in specific sectors, but also in activities such as asbestos removal, demolition, building maintenance, shipbreaking and waste handling. It has therefore urged States to adopt OSH measures for the effective protection of all exposed workers.

In accordance with the commitments assumed by the Plurinational State of Bolivia as a Member of the ILO, it is necessary for it to adopt and align its legislation through specific agreed provisions that are fully applicable in all sectors, based on effective consultations and genuine social dialogue with the actors involved. The objective is to effectively guarantee the safety and health of workers by ensuring their security and promoting dignity at work, starting with the effective deployment of labour inspection to monitor compliance by employers and thus prevent the health risks arising from occupational exposure to asbestos.

It is ten years since the Plurinational State of Bolivia ratified Convention No. 167 and it is unjustifiable that it has still not brought the national legislation into line with the text of the Convention. We therefore reiterate our demand for the Bolivian State to establish in its legislation the essential guarantees to ensure that workers in all sectors enjoy a safe and healthy working environment, thus ensuring the safety of workers, both under normal conditions and in situations that require the stoppage of an operation or the evacuation of workers in the event of an imminent and serious threat to their safety.

All these legislative measures must be reinforced by the strengthening of labour inspection systems, the provision to them of the financial and human resources necessary to ensure the monitoring and effective enforcement of prevention measures and safety standards, the provision of personal protective equipment and the existence of optimum conditions in workplaces.

In this regard, in order to give full expression to, and ensure compliance with these Conventions, it is essential to have the support of this Organization so that the necessary measures are adopted in Bolivian legislation to guarantee the fundamental right to OSH and, in particular, the protection of workers against occupational diseases.

Government member, Bolivarian Republic of Venezuela – The Government of the Bolivarian Republic of Venezuela aligns itself with the statement made by Peru on behalf of a group of Latin American and Caribbean countries and conveys its sincere thanks for the information provided by the Deputy Minister, Mr Gonzalo Zambrana, representative of the Government of the Plurinational State of Bolivia, with regard to the action taken for the application of Conventions Nos 162 and 167.

We recognize the progress made by the Plurinational State of Bolivia in regulating the use of asbestos based on national and international standards, and we highlight the country’s commitment to protecting OSH in accordance with these Conventions. In this regard, we emphasize the importance of continuous training and the implementation of effective preventive measures to reduce the associated risks.

We emphasize the need to strengthen international cooperation so that the Plurinational State of Bolivia can consolidate and broaden existing action and standards, including environmental monitoring and the identification of hazardous substances.

In conclusion, we welcome the will of the Plurinational State of Bolivia to continue promoting a safe and responsible work environment in compliance with labour and human rights, and we reiterate our support for the continued provision by the ILO of the necessary support for these efforts.

Government member, Honduras – Honduras welcomes and notes the information provided by the Plurinational State of Bolivia and the social partners relating to Conventions Nos 162 and 167.

According to our information, the construction sector represents 4 per cent of Gross Domestic Product in the economy of the Plurinational State of Bolivia and generates around 9 per cent of jobs in the country.

We consider that there has been some progress in the regulations on the safe use of asbestos which, through the General Act on Occupational Safety and Health, and Welfare, seek to guarantee adequate conditions of health, safety and well-being at work. The regulations require companies to adopt the necessary and obligatory measures for prevention and the protection of health in the event of exposure to hazardous substances at work.

Although we note the progress made, we are aware of the challenges, and particularly those related to the effective management of existing substances and awareness-raising among the social partners of the risks related to these substances in the construction sector.

We believe that it is important for the Plurinational State of Bolivia to be able to make progress in establishing public policies that promote the prevention of exposure, the strengthening of the regulations and the provision of adequate training to persons handling these substances.

We believe that, through technical assistance, the Office can play a decisive role in addressing these challenges.

It is vital to recognize the institutional efforts made, while making clear and verifiable recommendations that strengthen effective compliance with the Convention and help to continue the work that has been started.

We encourage the Plurinational State of Bolivia to continue making progress in identification, training, control measures, removal and environmental monitoring with the aim of ensuring that airborne asbestos fibre levels are within safe limits and that workers’ health is not affected.

We recognize the will of the Plurinational State of Bolivia, as expressed in its 15 technical standards and their compliance with Convention No. 167, which demonstrates the commitment to give effect to the Conventions.

We believe that it is important to sustain this progress and protect workers’ health at the workplace. Moreover, so that the Plurinational State of Bolivia knows that it is not alone, we suggest that the Office should provide it with technical assistance to strengthen inter-agency action so that the Plurinational State of Bolivia, while upholding sovereignty and through tripartite dialogue, can continue working for the good and the well-being of its people.

Government member, El Salvador – El Salvador aligns itself with the statement made by Peru and welcomes the information supplied by the Plurinational State of Bolivia on compliance with Conventions Nos 162 and 167. We recognize the progress described by the Plurinational State of Bolivia in the protection of workers’ health and safety. We particularly welcome the implementation of Technical Safety Standard No. 09/23, which establishes guidance on OSH management, including specific provisions on hazardous chemicals such as asbestos. We also highlight the inclusion of asbestos in key sectoral regulations, thereby strengthening the existing normative framework for its regulation. We appreciate the immediate action that is being taken, such the provision of specialized training for workers, the application of control measures and the safe removal of these substances by trained personnel.

We are convinced that constructive dialogue and the strengthening of institutional capacities are fundamental pillars for progress towards the objective of Conventions Nos 162 and 167.

We particularly recognize the action to be taken to prevent exposure, strengthen regulation and ensure adequate training for workers who handle these substances, particularly in the most vulnerable sectors.

We also emphasize that this action is being implemented in a coordinated manner with the participation of the main health, environmental and labour authorities, which, for El Salvador, is fundamental to ensuring their efficiency and integrity through an intersectoral approach.

Regarding Convention No. 167, El Salvador welcomes the information provided on the 15 technical safety standards adopted by the Plurinational State of Bolivia, particularly those covering the construction sector, such as the technical safety standards on work at heights and the OSH work plan.

In conclusion, we encourage the Government to continue making progress in harmonizing its national regulations with Conventions Nos 162 and 167, and to continue strengthening international cooperation with the aim of ensuring the review and continued improvement of compliance with both instruments.

Government representative – In the first place, I would like to supplement the report that I made by referring to Convention No. 167 in relation to the comment concerning the measures necessary to ensure that employers are required to stop the operation and, if necessary, evacuate workers where there is an imminent and serious danger to their safety. In this regard the Plurinational State of Bolivia now has 15 technical safety standards, of which the most specific for the construction sector refer to compliance with the comments relating to Convention No. 167.

In other words, these technical standards have been specifically developed on the basis of the provisions of Convention No. 167, which has been ratified by the Plurinational State of Bolivia. There are technical standards on work at heights, Technical Standard No. 4 on the handling of ladders, Technical Standard No. 5 on scaffolding, Technical Standard No. 6 on demolition work, Technical Standard No. 7 on excavation work, Technical Standard No. 8 on work in confined spaces and Technical Standard No. 9 on the OSH management programme in which, in various provisions under the procedures and protocols established in these technical standards, action protocols are set out which have to be followed by employers in the event of the existence of an imminent risk or emergency in the specific construction activity, specifying how to carry out the evacuation and the action to be taken in the event of the compulsory stoppage of operations in the sector.

I therefore repeat that these standards have been formulated on the basis of ILO Convention No. 167, which has been ratified by the Plurinational State of Bolivia.

The Plurinational State of Bolivia is a country which has demonstrated for the past 20 years its interest and will to improve the conditions of the people in general, and of workers in particular. In this regard, progress has been made in increasing wages. While there are other countries where difficulties exist for wage increases, in the Plurinational State of Bolivia this has become a public policy which is adopted annually on behalf of the workers.

The single health system has been established in the Plurinational State of Bolivia, which ensures universal access for workers, whether they are employed or work on their own account.

This means that it absolutely cannot be claimed that the Plurinational State of Bolivia has not given effect to the rights of workers. Moreover, as indicated at the beginning of the discussion, the Plurinational State of Bolivia comes with a constructive attitude and the desire to demonstrate that, although there has been fundamental progress in relation to the rights of workers and the rights of persons in general, through access to a series of public policies, there are clearly other areas, as you have indicated, in which difficulties have been experienced in moving forward. When I referred to a constructive attitude, I meant that, although there have been limitations in recent years in compliance with Conventions Nos 162 and 167, I appreciate the views expressed by the Group of Latin American and Caribbean countries, Belarus, Cuba, the Bolivarian Republic of Venezuela, Honduras and El Salvador, which have understood the spirit and the efforts that hare being made by the Plurinational State of Bolivia, and the constructive attitude to resolving matters going forward. They have also understood the information that we have provided, both in my intervention, and particularly in the reports that the Plurinational State of Bolivia provided in 2023. Nevertheless, nor can I overlook, because they are overshadowing the discussion, the comments that have been made, which are more of a punitive nature.

It is not true to say that the Plurinational State of Bolivia has not been in compliance for many years or that it has not provided reports since 2004, because the Plurinational State of Bolivia has presented a more detailed report on each of the matters raised in the document, which I have explained point by point. This therefore to a large extent explains why the measures to protect the rights of workers, in relation to the use of asbestos and with reference to workers in construction and the related hazards, do not necessarily need to be set out in a law. There can be lower ranking provisions, such as decrees and ministerial decisions, or the technical standards that we have formulated on the basis of Convention No. 167.

What I am therefore asking, through the Chair, is that those who have not had occasion to review the reports provided by the Plurinational State of Bolivia, which contain all the details and provide fuller explanations than I have been able to do, should consider that these are the factors that are enabling us to give effect to the commitment that we have now assumed. All the elements that I have described, related to multisectoral work, are the ones that we need to implement going forward to update our standards. The approach to these elements can also be observed in consultations, which is clearly an element that we consider relevant. Moreover, we value this effort and the offers made by certain countries to develop a discussion platform, as we recognize that it is necessary to obtain information in order to formulate the standards and policies that will enable us to give effect much more fully to Conventions Nos 162 and 167. In this regard, I also call on the ILO, and in particular I reaffirm the commitment of the Plurinational State of Bolivia to take action to address this as we have been doing, both at the institutional level and through coordination with the ILO.

In other words, we accept the comments that are contained in the ILO report and we hope that on this basis we will be able to make progress going forward through joint efforts with the ILO and other friendly countries.

Worker members – On behalf of the Worker members, I would like to thank the Government of the Plurinational State of Bolivia for its participation in this discussion and for all its contributions, as well as the contributions of the governments, workers and employers’ organizations here today. We particularly appreciate the effort to provide background information and the expressions of willingness to engage in dialogue.

This exchange, however brief, has highlighted the importance of strengthening mechanisms for tripartite consultation and social dialogue, which are fundamental pillars of the Organization’s standards supervisory system. Even where there are differences of analysis or approach, we recognize that the commitment to technical and transparent discussion is the first step to overcoming challenges.

In this regard, we would like to reaffirm that the Workers’ group is not seeking penalties or warnings, but effective compliance with the commitments made by States through the ratification of Conventions. Hence, we urge the Government to undertake a process of legislative and administrative reforms in order to comply with the obligations of Conventions Nos 162 and 167.

Both instruments, as already said, are part of the body of standards that protect workers’ safety and health, recognized as fundamental labour rights by this very Conference. Their effective implementation not only prevents diseases and accidents, but also contributes to improving the quality of employment and decent work.

We therefore request the Office to provide the Government with the necessary technical assistance, both to revise and update its legislation, and to build institutional capacities for prevention, inspection, monitoring and protection in all sectors, and not only in those that are already partially regulated.

We firmly believe that ILO technical support can be a key instrument in channelling efforts towards progressive and enduring compliance based on dialogue.

Finally, we reiterate our willingness to continue this constructive exchange in a climate of mutual respect, effective social dialogue and the common pursuit of social justice.

Employer members – In their concluding observations on this case, the Employer members would like to thank the Government of the Plurinational State of Bolivia once again for the additional information it has provided, as well as thanking the other people who have made contributions.

We regret the perception of the Government representative of the Plurinational State of Bolivia regarding the supposedly punitive nature of this exercise, in view of the complexity of the situation and the repeated concerns expressed by the Committee of Experts at the persistent shortcomings in the national legislation in giving full effect to the provisions of Conventions Nos 162 and 167.

We reiterate our commitment to this case. The Employers emphasize that we cannot overlook the need to strengthen the protection of workers from exposure to asbestos and construction hazards, which have a significant impact on their occupational safety and health.

We share the concerns expressed by the Committee of Experts, as the lack of concrete and specific measures and the absence of effective tripartite consultation represent significant challenges to ensuring the development of sustainable and effective OSH policies.

In light of the recent debate, the Employers’ group would like to recommend the Bolivian Government to intensify its efforts to:

• (1) adopt without delay concrete and specific measures that supplement the existing generic framework and ensure the full application of the provisions of Conventions Nos 162 and 167. This includes prohibiting the use of crocidolite and asbestos spraying, ensuring that demolition and asbestos removal is only carried out by qualified employers and contractors, establishing clear exposure limits and providing protective respiratory equipment and special protective clothing;
• (2) ensure that, in the event of an imminent and serious threat to the safety of construction workers, employers take immediate steps to stop operations and evacuate workers in the event of imminent danger to their safety, as we have said;
• (3) ensure effective and institutionalized consultation with the most representative employers’ and workers’ organizations at all stages of the design, implementation, review and monitoring of OSH policies and measures, especially with regard to asbestos and construction;
• (4) provide detailed information on the measures taken or planned to implement the essential provisions that ensure compliance with the Conventions under discussion today, including the keeping of records of the monitoring of the working environment and the exposure of workers to asbestos, access to these records by workers and their representatives, and the right to request such monitoring and to appeal to the competent authority; and
• (5) ensure that 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.

We take note of the Government’s request for ILO technical assistance in preparing article 22 reports and we hope that the Plurinational State of Bolivia will continue to work with the support of international cooperation, including the ILO, to strengthen the capacity of public officials, as well as employers’ and workers’ organizations, to design and implement effective and sustainable strategies to improve OSH in the country.

The Employers hope that the Government’s commitment will translate into specific measures to ensure compliance with the Conventions and that we will soon witness significant progress in the situation described to us.

Conclusions of the Committee

The Committee took note of the oral and written information provided by the Government and the discussion that followed.

The Committee noted with concern that the national occupational health and safety regulations did not contain specific regulations on asbestos and recalled that a safe and healthy environment is a fundamental principle and right at work.

Taking the discussion into account, the Committee urged the Government to take effective and time bound measures to:

• initiate legislative measures, after full consultation with the most representative employers’ and workers’ organizations, considering the recommendations of the ILO supervisory bodies, to guarantee the full compliance of national law (including on policies for asbestos and construction; risk prevention and control; disability and inclusion; and on the provision of respiratory protection equipment and special protective clothing) and practice with the Convention;
• adopt, without delay, in consultation with the most representative employers’ and workers’ organizations, concrete and specific measures to complement the existing framework and ensure the full implementation of the Convention in all sectors and industries;
• ensure that records of monitoring the working environment and workers’ exposure to asbestos are maintained for a prescribed period, and that the workers concerned, their representatives, and the inspection services have access to those records, as well as the right to request monitoring of the working environment and to appeal to the competent authority regarding the results of such monitoring;
• adopt specific measures without delay to ensure, in line with the Convention, that workers are informed in an adequate and appropriate manner of the results of their medical examinations and receive advice concerning their health in relation to their work in situations involving exposure to asbestos.

The Committee requested the Government to provide detailed and complete information on measures taken to implement these recommendations in line with the Convention by 1 September 2025.

Government representative – As I indicated on Tuesday, the Government of the Plurinational State of Bolivia has come with a constructive attitude and, in this spirit, we take on board the comments made by the Committee. We cannot fail to note that the Plurinational State of Bolivia is a country that clearly identifies with workers’ rights, as illustrated by the measures adopted in relation to these two Conventions, over and above the ILO’s recommendations, based on the commitment of the Bolivian Government to workers.

We note that concern is expressed in the conclusions that the Plurinational State of Bolivia has not adopted specific provisions on asbestos. Both in the reports provided and the oral explanations that I gave, it is clear that the Plurinational State of Bolivia does indeed have standards, including standards from the 1990s, in which asbestos is specifically identified as a hazardous substance for workers. However, this has not been taken into consideration either in the comments made following the oral explanations, or in the conclusions.

While taking on board all the comments that have been made, I would like to make an observation on the methodology that is used in these comments. The comments are made by a group of experts who analyse a country and the action that is being taken by that country. Countries provide reports containing a set of information, and the Committee of Experts issues the report, which is then published. We then make an oral intervention and we hope that the information provided orally will be taken into consideration in the views that are then expressed by governments, employers and workers.

The Bolivian Government then makes a reply and gives its views on the whole procedure that has been followed, which is finally followed by the conclusions. Our comment is that everything appears to be prepared on the basis of the report of the Committee of Experts and, unfortunately, the comments that we have made orally have not been taken into consideration, particularly when indicating that the Plurinational State of Bolivia does not have standards. Yes, it does have standards, as noted in the report. We consider that the comments made by the Committee following the oral intervention and the views expressed by Governments should reflect more exhaustively the information that has been provided and the clarifications made orally. It would appear that these have not been taken into consideration adequately.

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 ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 136 (benzene), 162 (asbestos) and 167 (safety and health in construction) together.

Protection against specific risks

Benzene Convention, 1971 (No. 136)

The Committee notes the information provided by the Government in response to its previous request regarding Article 6(1) of the Convention (prevention of the escape of vapour).

Article 2 the Convention. Replacement of benzene or of products containing it. Further to its previous comments, the Committee notes the Government’s indication in its report that the Regulations on activities involving hazardous substances (Supreme Decree No. 24176 of 8 December 1995) contains provisions that promote the prevention, optimization and replacement of hazardous substances in general, including benzene. In particular, the Government refers to section 37, which establishes the obligation for enterprises to consider prevention measures and measures to optimize the use, handling and replacement of technological elements and processes to reduce the volume and harmful characteristics of hazardous substances. The Committee observes that, although the above section establishes an obligation to consider prevention and optimization measures, including the possibility of replacing substances, it does not impose a direct obligation to carry out such replacement. The Committee requests the Government to provide information on whether additional measures have been taken requiring the replacement of benzene or products containing it whenever harmless or less harmful substitute products are available.

Article 4. Prohibition of the use of benzene, including as a solvent or diluent. In its previous comments, the Committee noted that the Environmental Regulations for the industrial manufacturing sector (Supreme Decree No. 26736 of 30 July 2002), the Environmental Regulations for the hydrocarbons sector (amended by Supreme Decree No. 2400 of 10 June 2015) and the Administrative Decision of the National Service for Agricultural Health and Food Safety (SENASAD) No. 021/2005 of 22 February 2005 established certain limits and prohibitions on the use of benzene. The Committee requests the Government to provide information on any other regulations prohibiting the use of benzene and of products containing it, at least as a solvent or diluent, except where the process is carried out in an enclosed system or where there are other equally safe methods of work.

Asbestos Convention, 1986 (No. 162)

The Committee notes the information provided by the Government in response to its previous request regarding Article 17(1) and (3) of the Convention (demolition of plants or structures containing asbestos).

Article 21(3) and (4) of the Convention. Information on medical examinations. Other means of maintaining income when assignment to work involving exposure to asbestos is inadvisable. Further to its previous comments and the conclusions adopted by the Committee on the Application of Standards, the Committee notes that the Government refers to section 44 of the Single Regulation on Benefits of the Supervisory Authority for Short-term Social Security – adopted by Administrative Decision No. 064/2018 – which provides that system management bodies, through their occupational health units, have an obligation to schedule periodic health checks with a view to the early detection of the effects of pollutants present in the working environment. In this regard, the Government indicates that the Short-term Social Security scheme is the cornerstone for the provision of medical services to workers, so that they are informed about their health in an adequate manner and can undergo all the necessary individual examinations, thereby ensuring that they are informed about their health. While noting this information, the Committee requests the Government to provide information on the measures taken or envisaged to ensure that, 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 workers concerned with other means of maintaining their income, in accordance with Article 21(4).

Protection in specific branches of activity

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

The Committee notes the information provided by the Government in response to its previous request regarding Article 22(1) of the Convention (erection of structural frames and formwork).

Article 23 of the Convention. Work over water. Further to its previous comments, the Committee notes the Government’s indication that, although there is no specific standard on work over water, workers’ safety is covered by the general OSH standards. The Government also indicates that, as the country is landlocked, work over water is limited. While noting this information, the Committee asks the Government to provide more specific information on the adequate provision made to ensure that where work is done over or in close proximity to water: (a) workers are prevented from falling into water; (b) workers in danger of drowning are rescued; and (c) safe and sufficient transport is provided.

Article 27(b). Storing, transporting, handling and use of explosives by a competent person. Further to its previous comments, the Committee notes the information provided by the Government that the Ministry of Defence issues registration certificates and approves competency certificates for the handling of explosives to enterprises engaged in the manufacture, import, export and transport of firearms, ammunition, explosives and related materials, including in the construction sector, under the Regulations of Act No. 400 of 2013 (Supreme Decree No. 2175 of 6 November 2014). While noting this information, the Committee requests the Government to clarify whether the storing, transporting, handling and use of explosives may only be carried out by a competent person, who shall take such steps as are necessary to ensure that workers and other persons are not exposed to risk of injury.

[The Government is asked to reply in full to the present comments in 2026. ]

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

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

The Committee notes the observations of the International Organisation of Employers (IOE), received on 1 September 2025.

Follow-up to the Conclusions of the Committee on the Application of Standards International Labour Conference, 113th Session, June 2025)

The Committee notes the discussion in the Conference Committee on the Application of Standards (CAS) of the International Labour Conference, at its 113th Session (June 2025), on the application of Conventions Nos 162 and 167. In its conclusions, the CAS noted with concern that the national occupational safety and health regulations did not contain specific regulations on asbestos and recalled that a safe and healthy environment is a fundamental principle and right at work. Taking the discussion into account, the Committee urged the Government to:

• initiate legislative measures, after full consultation with the most representative employers’ and workers’ organizations, to guarantee the full compliance of national law (including on policies for asbestos and construction; risk prevention and control; disability and inclusion; and on the provision of respiratory protection equipment and special protective clothing) and practice with the Convention;
• adopt, without delay, in consultation with the most representative employers’ and workers’ organizations, concrete and specific measures to complement the existing framework and ensure the full implementation of the Convention in all sectors and industries;
• ensure that records of monitoring the working environment and workers’ exposure to asbestos are maintained for a prescribed period, and that the workers concerned, their representatives, and the inspection services have access to those records, as well as the right to request monitoring of the working environment and to appeal to the competent authority regarding the results of such monitoring;
• adopt specific measures without delay to ensure that workers are informed in an adequate and appropriate manner of the results of their medical examinations and receive advice concerning their health in relation to their work in situations involving exposure to asbestos.

The Committee notes that, in its observations, the IOE refers to the opening and closing statements of the Employer members and to the statement of an Employer member from Bolivia (Plurinational State of) during the discussion. In this regard, it hopes that progress will be made in the application of Conventions Nos 162 and 167, in accordance with the conclusions of the CAS and in close consultation with the most representative employers’ organizations.

Protection against specific risks

Asbestos Convention, 1986 (No. 162) (ratification: 1990)

Articles 3 and 4 of the Convention. Legislation and consultation. Further to its previous comments, the Committee notes the Government’s indication in its report that, although there is no specific legislation comprehensively regulating the use of asbestos, the national legislation in force establishes provisions aimed at protecting workers’ health against this hazard. It also indicates that measures relating to the handling of asbestos and to regulatory reforms are developed in consultation with the social partners in joint OSH committees and in other tripartite consultation bodies. Regarding the conclusions adopted by the CAS, the Committee also notes the Government’s indication that the Ministry of Labour, Employment and Social Welfare has introduced an inter-agency plan to address the safe use and management of asbestos in the country, which was presented to the most representative employers’ and workers’ organizations at a meeting in June 2025. In this regard, the Committee notes that the Government provides the following information: (i) a technical training programme will be implemented on the safe handling of chrysotile and its public health hazards, aimed at vulnerable sectors such as the construction and automotive sectors; (ii) a guide will be developed to reinforce preventive measures; (iii) work will be undertaken to improve, review and amend technical safety standards relating to asbestos; and (iv) inter-agency working groups will be established, including the participation of the Ministry of the Environment and Water. The Committee notes the Government’s indication that the plan is being implemented in collaboration with the National Institute for Occupational Health (INSO), the World Health Organization (WHO) and international experts, and that technical support from the ILO will also be required. It further notes that, according to the Government, the plan also involves the participation of the International Chrysotile Association (ICA).

In this regard, the Committee notes with concern the document provided by the Government as an annex to its report, published by the ICA, entitled “The truth about chrysotile”, which, among other assertions, indicates that: (i) the use of chrysotile is safe for people and the environment; and (ii) chrysotile is one of the most scientifically studied fibres and, in practice, it has been shown that, with appropriate measures and standards in place, it does not affect workers’ health, provided they are not exposed to fibre dust. 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 also recalls that, in accordance with Article 3(2) of the Convention, national laws and regulations giving effect to the Convention must take account of advances in scientific knowledge. In this context, the Committee strongly urges the Government, based on scientific knowledge, to adopt the necessary measures, within the framework of the inter-agency plan on the use and management of asbestos, to ensure that national laws or regulations prescribe measures for the prevention and control of, and protection of workers in all sectors and industries against health hazards (Article 3 of the Convention), in consultation with the most representative organizations of employers and workers concerned (Article 4). The Committee also requests the Government to provide information on progress made in this regard. The Committee also hopes that technical assistance relating to the inter-agency plan will be provided in the near future.

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 indication that, although the national OSH legislation is generic, it contributes to reducing the use of asbestos, as enterprises in various sectors take measures to protect the safety of workers against exposure to agents harmful to their health. The Government also indicates that it is working, through inter-agency working groups, to draft a bill providing for the total or progressive prohibition of asbestos, the safe management of hazards, dismantling plans, training and certification, health surveillance, and increased penalties. In these circumstances, the Committee urges the Government to continue its efforts to ensure that national laws or regulations give 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. It also requests the Government to provide information on the progress made in drafting the above bill through the inter-agency working groups.

Article 15(3). Measures to prevent or control the release of asbestos dust and to ensure compliance with exposure limits.The Committee requests the Government, within the framework of the inter-agency plan, to 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. It also requests the Government to provide information on the measures taken by labour inspection to ensure compliance in practice with asbestos exposure limits.

Article 16. Responsibility of employers for prevention and control measures. Further to its previous comments, the Committee notes the Government’s indication that, in order to ensure that employers are made responsible for safety measures relating to asbestos protection, working groups were established in May 2025, together with the INSO, within the framework of the above plan. The Committee requests the Government to take concrete measures, including through laws or regulations developed within the framework of the inter-agency plan, to ensure that employers are made responsible for the establishment and implementation of practical measures for the prevention and control of the exposure of the workers they employ to asbestos and for their protection against the hazards due to asbestos in all sectors and industries.

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 and the conclusions adopted by the CAS, the Committee notes the Government’s indication that, although enterprises that may use materials containing asbestos are subject to the obligation to ensure a safe working environment, specific procedures for recording, keeping and having access to such information are not established through any mechanism or protocol. The Committee once again requests the Government to take the necessary measures 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 the monitoring of the working environment and to appeal to the competent authority concerning the results of the monitoring (Article 20(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 refers once again to the regulations on drills, emergency plans and worker protocols, and that it does not provide specific information on the obligation of employers to take immediate steps to stop the operation and evacuate workers as appropriate where there is an imminent danger to the safety of workers. The Committee therefore once again requests the Government to take, without delay, the necessary measures to give effect to this Article of the Convention in order to require that where there is an imminent danger to the safety of workers the employer must take immediate steps to stop the operation and evacuate workers as appropriate.

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

[The Government is asked to reply in full to the present comments in 2026. ]

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

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 136 (benzene), 162 (asbestos) and 167 (OSH in construction) together.

Protection against specific risks

Benzene Convention, 1971 (No. 136)

Article 2 of the Convention. Replacement of benzene or of products containing it. Further to its previous comments, the Committee notes that the Government refers, in its report, to Technical Safety Standard (NTS) 009/23, adopted by Ministerial Decision No. 992/23 of 9 June 2023, on the OSH management programme, which updates NTS 009/18, adopted by Ministerial Decision No. 1411/18 of 27 December 2018. The Committee also notes that the Government indicates that, given that benzene is a hazardous substance, it is subject to the Regulations on activities involving hazardous substances of 8 December 1995. In this respect, the Committee notes that: (i) Annex 3 of the Regulations on air pollution of 8 December 1995 includes benzene in the list of hazardous carcinogenic substances; and (ii) pursuant to section 37 of the Regulations on activities involving hazardous substances, enterprises that generate hazardous substances shall consider measures for the prevention and optimization of their use, treatment and replacement, with a view to reducing the volume and harmful features of the hazardous substances. The Committee requests the Government to provide information, in the context of the application of the Regulations on activities involving hazardous substances, on the specific measures adopted or envisaged to ensure, in practice, the use of harmless or less harmful substitute products, wherever available, instead of benzene or products containing benzene.

Article 4. Prohibition of the use of benzene, including as a solvent or diluent. In its previous comments, the Committee noted the Government’s indication in its report that it had adopted measures for the elimination, prohibition and intentional production of products containing benzene. In this respect, the Committee notes the following: (i) Supreme Decree No. 2400 of 10 June 2015, amending and supplementing the Environmental Regulations for the hydrocarbons sector, adopted by Supreme Decree No. 24335 of 19 July 1996, sets out maximum permissible limits for benzene and ethylbenzene in liquid discharge into water bodies and soil (Annex 7); (ii) Administrative Decision of the National Service for Agricultural Health and Food Safety Alimentaria (SENASAD) No. 021/2005 of 22 February 2005, prohibits the import and use of hexachlorobenzene as an active ingredient in agriculture (section 1); and (iii) the Environmental Regulations for the industrial manufacturing sector, adopted by Supreme Decree No. 26736 of 30 July 2002, prohibit some types of hexachlorobenzenes and consider benzene, ethylbenzene, chlorobenzene and other hexachlorobenzenes extremely hazardous substances (Annex 10-A). The Committee requests the Government to provide information on any other legislative or regulatory provision on the prohibition of the use of benzene and of products containing benzene, at least as a solvent or a diluent, except where the process is carried out in an enclosed system or where there are other equally safe methods of work.

Article 6(1). Prevention of the escape of benzene vapour. With reference to its previous comments, the Committee notes the Government’s indication that NTS 009/23 updates NTS 009/18 on the submission and adoption of OSH management programmes. In this respect, the Government indicates that, in accordance with section 10 thereof, within the framework of the submission of OSH management programmes, the enterprise or undertaking shall submit a chart for hazard identification and risk assessment (paragraph 4) and develop health surveys and monitoring that include the working environment chemical pollutants and suspended particulate matter (paragraph 5). The Committee requests the Government to provide information on the measures adopted by employers, in practice, under section 10(4) and (5) of NTS 009/23, to prevent the escape of benzene vapours in the air of places of employment in premises where benzene, or products containing benzene, are manufactured, handled or used.

Asbestos Convention, 1986 (No. 162)

Article 17(1) and (3). Demolition of plants or structures containing asbestos, and removal of asbestos by employers or qualified contractors. Drawing up of a work plan in consultation with the workers or their representatives. Further to its previous comments, the Committee notes that the Governments refers to the provisions of Supreme Decree No. 2936 of 2016, regulating Act No. 545 of 14 July, on safety in construction, and NTS 006/17 on demolition sites, adopted by Ministerial Decision No. 387/17 of 17 May 2017. In this respect, the Committee notes that: (i) section 80 of Supreme Decree No. 2936 provides that all demolition work must be planned, scheduled and managed by a professional duly qualified to carry out this task; (ii) in accordance with section 6(11) of NTS 006/17, in order to initiate any demolition work, prior permission must be obtained from the competent authority; and (iii) a demolition plan must be designed (section 6(14) of NTS 006/17). The Committee requests the Government to indicate whether workers or their representatives are consulted on the demolition plan provided for in NTS 006/17.

Protection in specific branches of activity

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

Article 22(1) of the Convention. Erection of structural frames and formwork under the supervision of a competent person. Further to its previous comments, the Committee notes that the Government once again refers to the provisions of Supreme Decree No. 2936, as well as the General Act on Occupational Safety and Health, and Welfare, adopted by Legislative Decree No. 16998 of 2 August 1979. The Committee recalls that the erection of structural frames and formwork must be supervised by a competent person, for example, an immediate supervisor other than the site manager. The Committee once again requests the Government to indicate whether in practice the erection of structural frames and formwork is only carried out under the supervision of a competent person, as required by Article 22(1) of the Convention.

Article 23. Work over water. The Committee once again requests the Government toprovide detailed information on measures taken or envisaged, in law and practice, to ensure that when work is done over or in close proximity to water, there is adequate provision for: (i) the prevention of workers from falling into water; (ii) the rescue of workers in danger of drowning; and (iii) safe and sufficient transport.

Article 27(b). Storing, transporting, handling and use of explosives by a competent person. The Committee notes that, in relation with its previous comments, the Government refers to the general provisions on hazardous and harmful substances contained in the General Act on Occupational Safety and Health, and Welfare. The Committee once again requests the Government to indicate whether the procedure and rules on the storage, handling or use and transportation of explosives referred to by sections 20(a)(iii) and 72 of Supreme Decree No. 2936 require such activities to be carried out only by a competent person, indicating whether this is required as part of the process to obtain a permit from the Ministry of Defence for the handling of explosives.

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

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.

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

C.167

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 136 (benzene) and 167 (OSH in construction) in a single comment.

• Protection against specific risks

Benzene Convention, 1971 (No. 136)

Article 4 of the Convention. Prohibition of the use of benzene as a solvent or diluent. The Committee notes the Government’s indication, in reply to its previous comments, that measures were adopted in the past for the elimination, prohibition and intentional production of products containing benzene, such as hexachlorobenzene and pentachlorobenzene. The Committee requests the Government to indicate the legislative provisions adopted regarding the prohibition of products containing benzene and to clarify whether this includes, in accordance with Article 4(2) of the Convention, a prohibition on the use of benzene and of products containing benzene as a solvent or a diluent, except where the process is carried out in an enclosed system or where there are other equally safe methods of work.

Article 6(1). Prevention of the escape of benzene vapour. Further to its previous comments, the Committee notes the Government’s indication in its report that measures to prevent the escape of benzene vapours in the air of places of employment are established under section 6(3)(a) of Technical Safety Standard (NTS) 009/18 on the presentation and approval of OSH programmes, which provides that the enterprise or establishment must use a methodology to identify hazards and assess the risks of the activities they perform, as well as other relevant measures. The Committee requests the Government to provide detailed information on the measures adopted in practice by employers under section 6(3)(a) of NTS-009/18 to prevent the escape of benzene vapours in the air of places of employment in premises where benzene, or products containing benzene, are manufactured, handled or used.

Article 6(3). Measurement of the concentration of benzene. The Committee notes the Government’s reference, in relation to its previous comments, to the 1995 Regulations on air pollution, Title III of which contains provisions on the assessment and monitoring of air pollution resulting from the emission of hazardous substances from fixed sources, which are defined, in section 6, as all plant or activities established in a single place or area which perform industrial or commercial operations or services. In this regard, the Committee notes that sections 26, 28, 30, 33 and Annex 3 of the above-mentioned Regulations establish the way in which fixed sources must carry out monitoring of emissions of hazardous substances, such as benzene, and also prepare and present an inventory of such emissions to the competent authorities. The Committee notes this information, which responds to its previous request.

Article 7. Work processes in enclosed systems or workplaces equipped with means to ensure the removal of benzene vapour. The Committee notes the Government’s indication, in reply to its previous comments, that section 6(8) of the 1979 General Act on occupational safety, health and welfare provides that employers must install the necessary equipment to ensure the renewal of air, the elimination of gases, vapours and other pollutants produced, in order to provide workers and the nearby population with a salubrious environment. The Committee notes this information, which responds to its previous request.

• Protection in specific branches of activity

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

Article 22(1) of the Convention. Erection of structural frames and formwork under the supervision of a competent person. Further to its previous comments, the Committee notes the Government’s indication that the site manager, referred to by various provisions of Supreme Decree No. 2936, implementing Act No. 545 on safety in construction, is responsible for the authorization, inspection and supervision of each of the tasks to be performed on the site and also proposes the most appropriate procedures, techniques and means for carrying them out. However, the Committee notes that these provisions do not provide specifically that the erection of structural frames must be supervised by a competent person. The Committee requests the Government to clarify whether in practice the erection of structural frames and formwork must be carried out only under the supervision of a competent person, for example, an immediate supervisor other than the site manager, as required by Article 22(1).

Article 23. Work over water. The Committee notes the Government’s reference, in reply to its previous comments, to section 116 of Supreme Decree No. 2936, which provides that for work involving a risk of workers falling from various levels or of materials protruding, a collective protection system must be adopted. However, the Committee notes that this provision does not explicitly regulate work over water. The Committee requests the Government to provide detailed information on the adequate provisions adopted in practice, if appropriate in the context of section 116 of Supreme Decree No. 2936, to ensure that when work is done over or in close proximity to water measures are taken: (a) to prevent workers from falling into water; (b) to rescue workers in danger of drowning; and (c) to provide safe and sufficient transport.

Article 27(b). Storing, transporting, handling and use of explosives by a competent person. The Committee notes the Government’s reference, in relation to its previous comments, to section 20(a)(ii) of Supreme Decree No. 2936, under which the handling of explosives requires the relevant permit from the Ministry of Defence and also a procedure for the use, handling and storage of the explosives. The Government also once again cites section 72 of the Supreme Decree, which establishes rules regarding the storage, handling and transportation of explosives and other materials. However, the Committee notes that these provisions do not specifically establish that the storage, transportation and handling or use of explosives must only be carried out by a competent person. The Committee requests the Government to clarify whether the procedure and rules on the storage, handling or use and transportation of explosives referred to by sections 20(a)(ii) and 72 of Supreme Decree No. 2936 require such activities to be carried out only by a competent person, indicating whether this is required as part of the process to obtain a permit from the Ministry of Defence for the handling of explosives. The Committee also requests the Government to provide copies of any additional regulations adopted in this respect.

[The Government is asked to reply in full to the present comments in 2024.]

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

Previous comment on Conventions Nos 136 and 162

Previous comment on Convention No. 167: Direct request

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 136 (benzene), 162 (asbestos) and 167 (OSH in construction) together.

A. Protection against specific risks

1. Benzene Convention, 1971 (No. 136)

Article 2 of the Convention. Replacement of benzene or of products containing it. Further to its previous comments, the Committee notes that the Government once again refers in its report to provisions of the 1979 General Act on occupational safety, health and welfare, the 1951 Basic Regulations on industrial safety and health, the 1995 Regulations on activities involving hazardous substances, and Technical Safety Standard (NTS) 009/18 on the presentation and approval of OSH programmes. The Committee observes that these provisions do not specifically provide for the use of harmless or less harmful substitute products instead of benzene and hence do not give effect to this Article of the Convention. The Committee requests the Government to take specific measures without delay to ensure the use of harmless or less harmful substitute products, wherever available, instead of benzene or products containingbenzene.

2. 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 content of OSH programmes and cites provisions of Supreme Decree No. 2936 of 2016, implementing Act No. 545 of 2014 on safety in construction. However, the Committee observes that neither the programmes nor the aforementioned legislation establish provisions relating to asbestos. The Committee notes with deep concern that the Government has still not adopted the necessary measures to bring the legislation into conformity with the requirements of Article 3 of the Convention. In this regard, the Committee recalls once again that the Resolution concerning asbestos, adopted by the 95th Session of the International Labour Conference in June 2006, 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 strongly urges the Government to take immediate action,in accordance with Article 3 of the Convention, to ensure that the national legislation prescribes specific measures to: (i) prevent and control health hazards due to occupational exposure to asbestos; and (ii) protect workers against such risks. The Committee also strongly urges the Government to consult 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 that the Government also refers in general to the content of OSH programmes, which do not specifically mention asbestos. The Committee notes with concern that the Government has still not adopted the necessary measures to bring the legislation into conformity with the requirements of these Articles of the Convention. The Committee urges the Government to take the necessary measures without delay to ensure that the national legislation gives 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.

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 the Government’s indication that: (i) section 7(7) of NTS-008/17 on demolition work provides that appropriate measures must be taken in all demolition work to avoid the production of dust, and Raschel netting or similar must be placed at the demolition perimeter, over the whole height, and debris must be dampened before evacuation to lower levels or to the loading area; and (ii) OSH technical inspections are carried out in services and industry, including construction, either routinely or following a complaint, and if in the course of these the inspector finds working conditions which represent an imminent danger to the life or health of the workers, he/she will order work to be stopped in accordance with section 26 of the 1979 General Act on occupational safety, health and welfare, irrespective of any corresponding fines imposed on the employer. In view of the lack of information on the measures taken in this respect, the Committee requests the Government to take specific measures to ensure that exposure to asbestos is reduced to as low a level as is reasonably practicable. The Committee also requests the Government to indicate, if applicable, the specific measures taken by the labour inspectorate to ensure compliance in practice with asbestos exposure limits.

Article 15(4). Adequate respiratory protective equipment and special protective clothing. Further to its previous comments, the Committee notes the Government’s indication that Ministerial Decision No. 527/09, regulating the procedure for the supply of work clothing and personal protective equipment, provides that: (i) workers potentially exposed to occupational risks shall use appropriate work clothing, which must be the most suitable and best designed for the activity, be supplied free of charge by the employer and replaced by the latter in the event of wear and tear (section 4(I) and (VI)); (ii) when actions to eliminate or avoid hazards, undertake engineering controls or provide collective protection to minimize risks are not practicable, employers must provide their workers with personal protective equipment which must have national or other recognized certification and be replaced in the event of wear and tear (section 5(a) and (b)); and (iii) for protection of the respiratory system, respiratory protectors with filters for the type of pollutant concerned must be supplied, with renewal carried out according to a schedule or when the protectors are saturated (section 5(f)). The Committee also notes that sections 5(7) and 14(1) of NTS-008/17 provide that workers who carry out demolition work must use respiratory equipment for work that produces dust, and also use, as a minimum at all times, safety footwear and helmet, gloves and mask to protect against dust. The Committee takes note of this information, which addresses its previous request.

Article 16. Practical measures taken by the employer for the prevention and control of exposure. The Committee notes the Government’s reference, in reply to its previous comments, to the control and sanction measures adopted by the labour inspectorate with regard to OSH, but that it does not provide any information on the responsibility of each employer to establish and implement practical measures for the prevention and control of the exposure of the workers that they employ to asbestos, in accordance with Article 16.In view of the lack of information on actions taken to give effect to this Article of the Convention, the Committee requests the Government to take specific measures to ensure that employers are made 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.

Article 17(1) and (3). Demolition of plants or structures containing asbestos, and removal of asbestos by employers or qualified contractors. Drawing up of a work plan in consultation with the workers or their representatives. The Committee notes the Government’s indication, in reply to its previous comments, that section 6 of Ministerial Decision No. 437/22 of 2022, approving regulations for the designation of coordinators and the setting up of joint committees on occupational health, safety and welfare, establishes the conditions for the appointment of a coordinator or OSH joint committee and section 4 provides that both must ensure compliance with the preventive measures implemented by the enterprise or establishment in strict adherence to the OSH regulations in force. However, the Committee notes that neither these nor the other provisions of the above-mentioned regulations give effect to Article 17(1) and (3) of the Convention and that no information has been received on any action taken by the Government in this respect. The Committee strongly urges the Government to take specific legislative or other measures without delay to ensure that: (i) demolition work and the removal of asbestos provided for under Article 17(1) of the Convention can only be undertaken by employers or contractors who are recognized by the competent authority as qualified to carry out such work (Article 17(1)); and (ii) the workers or their representatives are consulted on the work plan to be drawn up by the employers or contractors (Article 17(3)).

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 OSH programmes, which include health studies and monitoring, must be updated periodically and have the prior approval of the coordinator or OSH joint committee for them to be presented, which shows that the latter are aware of their technical content. However, the Committee notes that this information does not give any evidence of the application of this Article of the Convention, which refers to records of the monitoring of the working environment and the right of workers to access and request such monitoring. The Committee strongly 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 the monitoring of the working environment and to appeal to the competent authority concerning the results of the monitoring (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. Further to its previous comments, the Committee notes the Government’s reference to the contractor’s obligation to cover the cost of medical examinations and ensure that workers undergo medical examinations according to the risks to which they are exposed in their work. The Committee observes that this information relates to the provisions of Article 21(1) and (2) but also notes the lack of information on the application of Article 21(3) and (4) of the Convention. The Committee 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 workers concerned with other means of maintaining their income (Article 21(4)).

B. 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. The Committee notes that the Government, in reply to its previous comments, cites provisions of Supreme Decree No. 2936, implementing Act No. 545 on safety in construction, and of NTS-009/18, establishing obligations for employers and contractors in emergency situations. However, the Committee observes that these provisions do not impose a specific obligation to stop the operation and evacuate workers where there is an imminent and serious danger to their safety. The Committee requests the Government to adopt 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.

[The Government is asked to reply in full to the present comments in 2024.]

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 12(2) of the Convention. Obligation of the employer to take immediate steps to stop the operation and evacuate workers as appropriate. The Committee notes from the Government’s report that, as on previous occasions, none of the specific information requested by the Committee in its earlier comment relating to this Article of the Convention is provided. The Committee requests the Government to indicate the provisions of national legislation providing for the obligation of the employer to take immediate steps to stop the operation and evacuate workers as appropriate, and specify what measures have been adopted or has been envisaged to ensure that employers are obliged to take immediate steps to stop operations and evacuate workers as appropriate, where there is an imminent and serious danger to the safety of workers.

Article 22(1). Erection of structural frames and formwork under the supervision of a competent person. With regard to its earlier comments, the Committee notes that the Government again refers to Presidential Decree No. 2936, which is the implementing regulation of Act No. 545 ratifying the Convention, and to Technical Safety Standard (NTS) 009/18, which are standards that contain no provisions specifically giving effect to Article 22(1) of the Convention. The Committee requests the Government to adopt concrete measures without delay to ensure that the erection of structural frames and formwork are carried out only under the supervision of a competent person.

Article 23. Work over water. The Committee notes that in reply to its earlier comment, the Government again refers to NTS 009/18, for the Presentation and Approval of Occupational Safety and Health Programmes, which contains no specific provisions giving effect to Article 23 of the Convention. The Committee requests the Government to take measures without delay to ensure that when work is done over or in close proximity to water that there shall be adequate provision for the protection of workers including: (a) preventing workers from falling into water; (b) the rescue of workers in danger of drowning; and (c) safe and sufficient transport.

Article 27(b). Storing, transporting, handling and use of explosives by a competent person. With reference to its earlier comments, the Committee notes that the Government, as previously, provides information on Presidential Decree No. 2936 but fails to reply to the Committee’s request in its earlier comment regarding Article 27(b) of the Convention. The Committee requests the Government to specify whether it has adopted or envisages concrete measures to ensure that explosives are only stored, transported, handled or used by competent persons.

[The Government is asked to reply in full to the present comments in 2022.]

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

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 the application of Conventions Nos 136 (benzene) and 162 (asbestos) together.

1. Benzene Convention, 1971 (No. 136)

Article 2 of the Convention. Substitution of benzene or of products containing it. The Committee notes that the Government, in its reply to the Committee’s previous comment, once again refers in its report to general OSH standards that do not contain specific provisions that give effect to Article 2 of the Convention. The Committee requests the Government to take concrete measures without delay to ensure the use of harmless or less harmful substitute products instead of benzene or products containing benzene.

Article 6(1) and (3). Prevention of the escape of benzene vapour into the air. Measurement of the concentration of benzene. The Committee notes that the Government reiterates information relative to the fixed maximum concentration of benzene in the air in places of employment (Article 6(2) of the Convention), once again without referring to the Committee’s request in its previous comment regarding the remaining provisions of Article 6 of the Convention. The Committee requests the Government to specify: (i) whether concrete measures have been adopted or are envisaged to prevent the escape of benzene vapours in the air of places of employment in premises where benzene, or products containing benzene, are manufactured, handled or used (Article 6(1)); and (ii) whether the competent authority has issued directions on carrying out the measurement of the concentration of benzene in the air of places of employment (Article 6(3)).

Article 7. Work processes in enclosed systems or workplaces equipped with means to ensure the removal of benzene vapour. The Committee notes that, in reply to its previous comment, the Government once again refers to Technical Safety Standard (NTS) 009/18, for the Presentation and Approval of OSH Programmes, which contains no specific provisions giving effect to Article 7 of the Convention. The Committee requests the Government to take concrete measures without delay to ensure that: (i) work processes involving the use of benzene or of products containing benzene are as far as practicable carried out in an enclosed system; and (ii) where it is not practicable for work to be carried out in an enclosed system, places of work in which benzene or products containing benzene are used are equipped with effective means to ensure the removal of benzene vapour to the extent necessary for the protection of the health of the workers.

2. Asbestos Convention, 1986 (No. 162)

Article 17(1) and (3) of the Convention. Demolition of plants or structures containing asbestos, and removal of asbestos by employers or qualified contractors. Elaboration of a work plan in consultation with the workers or their representatives. The Committee notes that, in reply to its previous comment, the Government once again refers in its report to general OSH standards, which contain no specific provisions giving effect to Article 17(1) and (3) of the Convention. The Committee urges the Government to take concrete measures without delay to ensure that: (i) the demolition of plants and structures and removal of asbestos provided under Article 17(1) of the Convention shall be undertaken only by employers or contractors who are recognised by the competent authority as qualified to carry out such work (Article 17(1)); and (ii) the workers or their representatives shall be consulted on the work plan to be drawn up by the employers or contractors (Article 17(3)).

Article 20(2), (3) and (4). Records of the monitoring of the working environment. Right to request the monitoring of the working environment. With reference to its previous comment, the Committee notes that the Government once again refers to general OSH standards which contain no specific provisions giving effect to Article 20(2), (3) and (4) of the Convention. The Committee urges the Government to take concrete 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 the monitoring of the working environment and to appeal to the competent authority concerning the results of the monitoring (Article 20(4)).

Furthermore, the Committee notes with regret that the Government’s report contains no responses to its earlier comments, which are reiterated below.

A. Protection against specific risks

1. Benzene Convention, 1971 (No. 136)

Article 4 of the Convention. Prohibition of the use of benzene as a solvent or diluent. With reference to its previous comments, the Committee notes that the Government reiterates in its report that the use of benzene is not prohibited. The Committee once again requests the Government to take the necessary measures, in accordance with Article 4 of the Convention, to prohibit the use of benzene and of products containing benzene as a solvent or a dilutent, except where the process is carried out in an enclosed system or where there are other equally safe methods of work.

2. Asbestos Convention, 1986 (No. 162)

Articles 3 and 4 of the Convention. Legislation and consultation. With reference to its previous comments, the Committee notes that the Government repeats in its report the information on the general OSH standards to which it referred previously, adding a reference to the Technical Safety Standard for the Presentation and Approval of Occupational Safety and Health Programmes (NTS-009/18), which does not contain any specific provisions on asbestos. The Committee notes with deep concern that the necessary measures have not been taken to bring the legislation into conformity with the requirements of Article 3. The Committee recalls the Resolution concerning asbestos, adopted by the 95th Session of the International Labour Conference, June 2006, which 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 once again strongly urges the Government in accordance with Article 3 of the Convention, to take the necessary measures as soon as possible to: (a) prevent and control health hazards due to occupational exposure to asbestos; and (b) protect workers against such risks. It also urges the Government to take the necessary measures to consult the most representative organizations of employers and workers concerned with regard to the measures to be taken to give effect to the provisions of the Convention.

Articles 9, 10, 11 and 12. Preventive measures by law or regulation. Prohibition of the use of crocidolite and spraying. The Committee regrets to note that the necessary measures have not been adopted to bring the legislation into conformity with the requirements of Articles 9, 10, 11 and 12. The Committee once again requests the Government to provide information on the measures adopted or envisaged to ensure the application of Articles 9 and 10 (preventive measures by law or regulation), 11 (prohibition of crocidolite) and 12 (prohibition of spraying).

Article 15. Exposure limits. The Committee notes the Government’s indication that the maximum permissible concentration of asbestos in the air in occupied areas is 5 million particles per cubic foot, in accordance with section 20 of Presidential Decree No. 2348 of 18 January 1951, which approved the Basic Regulations on industrial health and safety. The Government also refers to Annex D of Technical Standard on Minimum Conditions for the Performance of Work in Confined Spaces (NTS-008/17) which provides in general terms that the permissible exposure limits shall be those determined by the Occupational Safety and Health Administration of the Department of Labor of the United States (OSHA) which establishes limits for air contaminants. The Government indicates that Standards 29 CFR of the OSHA contain asbestos concentration limits (0.1 fibre per cubic centimetre of air as an eight hour time-weighted average and 1.0 fibre per cubic centimetre of air as averaged over a sampling period of 30 minutes, in accordance with Standards 29 CFR, 1910.1001). In this regard, the Committee observes that section 8 of NTS-008/17 determines that employers shall include in protocols for work in confined spaces the necessary safety mechanisms for entry into the premises, including preventive measures to be adopted during work, such as continuous monitoring of air in the workplace.

With reference to its previous comments on respiratory protective equipment and special protective clothing, the Government indicates that the Technical Standard on Demolition Work (NTS-006/17) provides that, when there is evidence of the existence of materials containing asbestos fibres, the requirements set out in the adequate procedures established by the national or foreign minimum safety and health standards applicable to work involving the risk of exposure to asbestos, shall be met. The Committee notes that NTS-009/18 provides that the enterprise or labour establishment shall attach to the occupational safety and health programme documents on the provision of work clothing and personal protective equipment. The Committee notes that the Government also indicates that the Regulations of Act No. 545 on safety in construction (DS No. 2936) establish the general requirement for the contractor to provide workers with appropriate individual protective equipment in relation to the hazards of the workplace in the sector. The Committee also notes the Government’s indication that, in accordance with section 6(d) of DS No. 2936, the contractor shall provide without any cost to the workers, clothing, work apparel and personal protective equipment that is appropriate in relation to the risks analysed for the workplace, and that they shall be verified, inspected and reissued regularly in light of the deterioration and/or damage caused by their use. Finally, the Committee notes that the Government has not provided information on the application of Article 15(2) and (3) of the Convention. The Committee requests the Government to provide information on the measures adopted or envisaged to: (a) prevent or control the release of asbestos dust into the air; (b) ensure that the exposure limits or other exposure criteria are complied with; and (c) reduce exposure to as low a level as is reasonably practicable. The Committee once again requests the Government to provide specific information on the measures taken in relation to respiratory protective equipment and special protective clothing, as provided for in Article 15(4) of the Convention.

Article 16. Practical measures for prevention and control. The Committee notes that NTS-009/18 provides that the enterprise or establishment shall undertake, through methodology, the identification of hazards and the assessment of risks in the activities undertaken, as well as other relevant measures. Under the terms of the Technical Safety Standard in force adopted by the Ministry of Labour, Employment and Social Welfare, or in the absence of such a Standard or another reference standard applicable to national conditions, the enterprise or labour establishment shall present a specific study on contaminating chemicals in the working environment (hazardous substances). The Committee requests the Government to provide additional information on the specific measures adopted to ensure that employers are made responsible for the establishment and implementation of practical measures for the prevention and control of the exposure of the workers that they employ to asbestos and for their protection against the hazards due to asbestos.

Article 21(3) and (4). Information on medical examinations. Other means of maintaining income when assignment to work involving exposure to asbestos is inadvisable. With reference to its previous comments, the Committee notes that NTS-009/18 provides that the enterprise or establishment shall indicate in the occupational safety and health programme the following information: (a) pre-recruitment medical examinations; (b) periodic examinations of workers in line with the risks identified in the “Hazard Identification and Risk Evaluation”, including the development of any occupational diseases that are detected; and (c) post-employment examinations of workers who have concluded their work in the enterprise or establishment (post-employment management). The Committee also notes section 404 of the General Act on occupational safety and health and welfare (Legislative Decree No. 16998), which provides that care shall be taken in the selection of workers that each worker is assigned to the work for which she/he is best suited from the viewpoint of her/his aptitude and physical strength. However, the Committee observes that specific measures have not been adopted to bring the legislation into conformity with the requirements set out in Article 21. The Committee once again requests the Government to provide specific information on the measures adopted or envisaged to ensure that: (a) 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; and (b) 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 workers concerned with other means of maintaining their income, in accordance with Article 21(3) and (4) of the Convention.

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

[The Government is asked to reply in full to the present comments in 2022.]

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

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 the application of Conventions Nos 136 (benzene), 162 (asbestos) and 167 (construction) in a single comment.

A. Protection against specific risks

Benzene Convention, 1971 (No. 136)

Article 2 of the Convention. Substitution. The Committee once again requests the Government to provide information on the measures taken or envisaged to use harmless or less harmful products instead of benzene or products containing benzene, in accordance with Article 2 of the Convention.

Article 6. Concentration of benzene in the air of places of employment. With reference to its previous comments, the Committee notes the Government`s reference in its report to Annex D of the Technical Standard on Minimum Conditions for the Performance of Work in Confined Spaces (NTS-008/17), which provides in general that the permissible exposure limits shall be those determined by the Occupational Safety and Health Administration of the Department of Labor of the United States (OSHA), in which it establishes the limits for air contaminants. The Government indicates that Standards 29 CFR of the OSHA contain limits for benzene, the values of which are in accordance with the maximum concentration of benzene in the air of places of employment determined by the Convention (maximum time-weighted average limit of 1 part of benzene per million parts of air as an 8-hour time-weighted average and the maximum short-term exposure limit of 5 parts per million as averaged over any 15 minute period, in accordance with Standards 29 CFR, 1910.1028, as well as 25 parts per million of acceptable ceiling concentration, in accordance with Standards 29 CFR, 1910.1000 Table Z-2). In this regard, the Committee observes that section 8 of the NTS-008/17 provides that employers shall include in protocols respecting work in confined spaces the necessary safety measures for entry into the premises as a function of the preventive measures to be adopted during work, such as continuous monitoring of the air in the workplace. The Committee notes that the Government has not provided information on the determination of appropriate standards for: (a) preventing the escape of benzene vapour into the air of places of employment; or (b) measuring the concentration of benzene in the air of places of employment. The Committee once again requests the Government to provide information on the measures adopted or envisaged to ensure that: (a) in premises where benzene or products containing benzene are manufactured, handled or used, all necessary measures are taken to prevent the escape of benzene vapour into the air of places of employment; and (b) the competent authority issues directions on carrying out the measurement of the concentration of benzene in the air of places of employment through the adoption of appropriate standards.

Article 7. Enclosed systems. The Committee once again requests the Government to provide information on the measures taken or envisaged to ensure that: (a) work processes involving the use of benzene or of products containing benzene are as far as practicable carried out in an enclosed system; and (b) where it is not practicable for an enclosed system to be used, places of work in which benzene or products containing benzene are used shall be equipped with effective means to ensure the removal of benzene vapour to the extent necessary for the protection of the health of the workers, in accordance with Article 7 of the Convention.

Asbestos Convention, 1986 (No. 162)

Article 17. Demolition of plants or structures of the Convention. With reference to its previous comments, the Committee notes that NTS-006/17 provides in section 4(4) and (5) that employers who have workers engaged in demolition work shall: (i) adopt full technical measures for the protection of the life and physical and mental safety of the workers under their responsibility; and (ii) have the necessary competent personnel to prepare the demolition plan. Section 5(7) provides that workers shall use respiratory equipment for work causing the release of dust. The Committee notes that section 6(3), (11) and (15) of the Technical Standard provides that: (i) where during the performance of these activities the existence is ascertained of materials containing asbestos fibres or such fibres are found during their implementation, effect shall be given to the appropriate procedures set out in the minimum health and safety provisions applicable to work involving the risk of exposure to asbestos in national or foreign legislation; (ii) prior authorization shall be obtained from the competent authority prior to the commencement of any demolition work; (iii) all demolition work shall comply with the national or foreign standards in force relating to the release of dust, particles, noise, the stoppage of work and any other permanent or transitional provision which may affect such work, and the supporting documentation shall be attached to the demolition plan. Section 7 provides that, based on a risk evaluation, employers shall prepare and establish a demolition plan setting out the respective procedures for safe demolition work, including the adoption of adequate measures to prevent the release of dust (subsection 7). Finally, section 14(1) provides that workers engaged in demolition work shall at all times wear as a minimum safety footwear, helmets, gloves and dust masks. The Committee once again requests the Government to provide information on the measures adopted or envisaged to ensure that: (a) the work envisaged in Article 17 of the Convention is undertaken only by employers or contractors who are recognized by the competent authority as qualified to carry out such work; and (b) the workers or their representatives are consulted on the work plan in relation to the measures to be taken for the protection of workers, limit the release of asbestos dust into the air and provide for the disposal of waste containing asbestos, in accordance with Article 17 of the Convention.

Article 20(2), (3) and (4). Records of the monitoring of the working environment, right to request the monitoring of the working environment. The Committee once again requests the Government to provide information on the measures adopted or envisaged to ensure that: (a) 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; (b) the workers concerned, their representatives and the inspection services have access to these records; and (c) the workers or their representatives have the right to request the monitoring of the working environment and to appeal to the competent authority concerning the results of the monitoring, in accordance with Article 20(2), (3) and (4).

B. Protection in certain branches of activity

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

Article 8(b) of the Convention. Two or more employers. Absence of the principal contractor from the workplace. With reference to its previous comments, the Committee notes the Government’s indication that Presidential Decree No. 2936 provides that the contractor shall appoint a person responsible for occupational safety who shall benefit from training in occupational safety and health and hazard prevention and shall be duly registered with the Ministry of Labour, Employment and Social Welfare.

Article 12(2). Situation of imminent and serious danger to the safety of workers. With reference to its previous comments, the Committee notes that NTS -009/18 provides that the Occupational Safety and Health Programme shall include an emergency plan, which shall contain among other provisions the determination of evacuation times. However, the Committee notes that the Government has not provided specific information on the obligation of the employer to take immediate steps to stop the operation and evacuate workers where there is an imminent danger to their safety. The Committee once again requests the Government to provide information on the measures adopted or envisaged to ensure that employers are required to take immediate steps to stop the operation and evacuate workers in a situation of danger in which there is an imminent and serious danger to the safety of the workers, in accordance with Article 12(2).

Article 22. Structural frames and formwork. With reference to its previous comments, the Committee notes that the Government reiterates the information to which it referred previously concerning Presidential Decree No. 2936, which contains precautionary measures and instructions for the erection of structural frames and their components, formwork, falsework and shoring. However, the Committee notes that none of the regulations indicated by the Government refer to the requirement to carry out such work under the supervision of a competent person. The Committee once again requests the Government to provide information on the measures adopted or envisaged to ensure that work on structural frames and formwork is carried out only under the supervision of a competent person, in accordance with Article 22(1) of the Convention.

Article 23. Work over water. With reference to its previous comments, the Committee notes the Government’s indication that when implementing the Occupational Safety and Health Programme, the employer is required to include mechanisms to control risks in production processes, such as work performed over water. However, the Committee notes that NTS-009/18, referred to by the Government, does not make specific reference to work performed over water. The Committee requests the Government to provide information on the measures adopted or envisaged to ensure that, where work is carried out over or in close proximity to water, there is adequate provision to: (a) prevent workers from falling into water; (b) the rescue of workers in danger of drowning; and (c) safe and sufficient transport.

Article 27(b). Explosives. With reference to its previous comments, the Committee notes that the Government reiterates the information to which it referred previously concerning Supreme Decree No. 2936, which establishes: (a) the obligation of workers to operate or handle equipment, machinery, tools or other elements only when they have been duly authorized and trained (section 9(e)); and (b) the requirements for storing, handling or transporting toxic, corrosive, inflammable, explosive or other materials (section 72). However, the Committee notes that the Government does not indicate specifically whether explosives shall only be stored, transported, handled or used by a competent person. The Committee once again requests the Government to provide information on the measures adopted or envisaged to give effect to Article 27(b) of the Convention.

[The Government is asked to reply in full to the present comments in 2021.]

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

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 136 (benzene) and 162 (asbestos) together.

A. Protection against specific risks

Benzene Convention, 1971 (No. 136)

Article 4 of the Convention. Prohibition of the use of benzene as a solvent or diluent. With reference to its previous comments, the Committee notes that the Government reiterates in its report that the use of benzene is not prohibited. The Committee once again requests the Government to take the necessary measures, in accordance with Article 4 of the Convention, to prohibit the use of benzene and of products containing benzene as a solvent or a diluent, except where the process is carried out in an enclosed system or where there are other equally safe methods of work.

Asbestos Convention, 1986 (No. 162)

Articles 3 and 4 of the Convention. Legislation and consultation. With reference to its previous comments, the Committee notes that the Government repeats in its report the information on the general OSH standards to which it referred previously, adding a reference to the Technical Safety Standard for the Presentation and Approval of Occupational Safety and Health Programmes (NTS-009/18), which does not contain any specific provisions on asbestos. The Committee notes with deep concern that the necessary measures have not been taken to bring the legislation into conformity with the requirements of Article 3. The Committee recalls the Resolution concerning asbestos, adopted by the 95th Session of the International Labour Conference, June 2006, which 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 once again strongly urges the Government in accordance with Article 3 of the Convention, to take the necessary measures as soon as possible to: (a) prevent and control health hazards due to occupational exposure to asbestos; and (b) protect workers against such risks. It also requests the Government to take the necessary measures to consult the most representative organizations of employers and workers concerned with regard to the measures to be taken to give effect to the provisions of the Convention.

Articles 9, 10, 11 and 12. Preventive measures by law or regulation. Prohibition of the use of crocidolite and spraying. The Committee regrets to note that the necessary measures have not been adopted to bring the legislation into conformity with the requirements of Articles 9, 10, 11 and 12. The Committee once again requests the Government to provide information on the measures adopted or envisaged to ensure the application of Articles 9 and 10 (preventive measures by law or regulation), 11 (prohibition of crocidolite) and 12 (prohibition of spraying).

Article 15. Exposure limits. The Committee notes the Government’s indication that the maximum permissible concentration of asbestos in the air in occupied areas is 5 million particles per cubic foot, in accordance with section 20 of Presidential Decree No. 2348 of 18 January 1951, which approved the Basic Regulations on industrial health and safety. The Government also refers to Annex D of Technical Standard on Minimum Conditions for the Performance of Work in Confined Spaces (NTS-008/17) which provides in general terms that the permissible exposure limits shall be those determined by the Occupational Safety and Health Administration of the Department of Labor of the United States (OSHA) which establishes limits for air contaminants. The Government indicates that Standards 29 CFR of the OSHA contain asbestos concentration limits (0.1 fibre per cubic centimetre of air as an eight hour time-weighted average and 1.0 fibre per cubic centimetre of air as averaged over a sampling period of 30 minutes, in accordance with Standards 29 CFR, 1910.1001). In this regard, the Committee observes that section 8 of NTS-008/17 determines that employers shall include in protocols for work in confined spaces the necessary safety mechanisms for entry into the premises, including preventive measures to be adopted during work, such as continuous monitoring of air in the workplace.

With reference to its previous comments on respiratory protective equipment and special protective clothing, the Government indicates that the Technical Standard on Demolition Work (NTS-006/17) provides that, when there is evidence of the existence of materials containing asbestos fibres, the requirements set out in the adequate procedures established by the national or foreign minimum safety and health standards applicable to work involving the risk of exposure to asbestos, shall be met. The Committee notes that NTS-009/18 provides that the enterprise or labour establishment shall attach to the occupational safety and health programme documents on the provision of work clothing and personal protective equipment. The Committee notes that the Government also indicates that the Regulations of Act No. 545 on safety in construction (DS No. 2936) establish the general requirement for the contractor to provide workers with appropriate individual protective equipment in relation to the hazards of the workplace in the sector. The Committee also notes the Government’s indication that, in accordance with section 6(d) of DS No. 2936, the contractor shall provide without any cost to the workers, clothing, work apparel and personal protective equipment that is appropriate in relation to the risks analysed for the workplace, and that they shall be verified, inspected and reissued regularly in light of the deterioration and/or damage caused by their use. Finally, the Committee notes that the Government has not provided information on the application of Article 15(2) and (3) of the Convention. The Committee requests the Government to provide information on the measures adopted or envisaged to: (a) prevent or control the release of asbestos dust into the air; (b) ensure that the exposure limits or other exposure criteria are complied with; and (c) reduce exposure to as low a level as is reasonably practicable. The Committee once again requests the Government to provide specific information on the measures taken in relation to respiratory protective equipment and special protective clothing, as provided for in Article 15(4) of the Convention.

Article 16. Practical measures for prevention and control. The Committee notes that NTS-009/18 provides that the enterprise or establishment shall undertake, through methodology, the identification of hazards and the assessment of risks in the activities undertaken, as well as other relevant measures. Under the terms of the Technical Safety Standard in force adopted by the Ministry of Labour, Employment and Social Welfare, or in the absence of such a Standard or another reference standard applicable to national conditions, the enterprise or labour establishment shall present a specific study on contaminating chemicals in the working environment (hazardous substances). The Committee requests the Government to provide additional information on the specific measures adopted to ensure that employers are made responsible for the establishment and implementation of practical measures for the prevention and control of the exposure of the workers that they employ to asbestos and for their protection against the hazards due to asbestos.

Article 21(3) and (4). Information on medical examinations. Other means of maintaining income when assignment to work involving exposure to asbestos is inadvisable. With reference to its previous comments, the Committee notes that NTS-009/18 provides that the enterprise or establishment shall indicate in the occupational safety and health programme the following information: (a) pre-recruitment medical examinations; (b) periodic examinations of workers in line with the risks identified in the “Hazard Identification and Risk Evaluation”, including the development of any occupational diseases that are detected; and (c) post-employment examinations of workers who have concluded their work in the enterprise or establishment (post-employment management). The Committee also notes section 404 of the General Act on occupational safety and health and welfare (Legislative Decree No. 16998), which provides that care shall be taken in the selection of workers that each worker is assigned to the work for which she/he is best suited from the viewpoint of her/his aptitude and physical strength. However, the Committee observes that specific measures have not been adopted to bring the legislation into conformity with the requirements set out in Article 21. The Committee once again requests the Government to provide specific information on the measures adopted or envisaged to ensure that: (a) 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; and (b) 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 workers concerned with other means of maintaining their income, in accordance with Article 21(3) and (4) of the Convention.

The Committee is raising other matters on the application of ratified OSH Conventions in a request addressed directly to the Government.

[The Government is asked to reply in full to the present comments in 2021.]

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

In order to provide an overview of matters arising in relation to the application of the ratified occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine Conventions Nos 136 (benzene), 162 (asbestos) and 167(safety and health in construction) together.

With regard to its previous comments on inspection services relating to the application of the aforementioned Conventions, the Committee refers to its detailed comments adopted in 2018 on the Labour Inspection Convention, 1947 (No. 81), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129).

Benzene Convention, 1971 (No. 136)

The Committee notes that the general OSH regulations referred to by the Government give effect to Article 11 of the Convention (relating to pregnant women, nursing mothers and young persons under 18 years of age).

Article 2. Substitution. Noting an absence of information on this subject, the Committee requests the Government to provide further information on the measures taken or envisaged to use harmless or less harmful products instead of benzene or products containing benzene, in accordance with Article 2 of the Convention.

Article 6. Concentration of benzene in the air of places of employment. With regard to the Committee’s previous comments, the Government indicates that Annex D to Technical Standard 008/17 refers to the table of limits for air contaminants established by the Regulations (Standards – 29 CFR, Part 1910) of the Occupational Safety and Health Administration (OSHA) of the United States Department of Labor (USDOL). In this regard, the Committee notes that the aforementioned table does not contain limits for occupational exposure to benzene, which are covered by other parts of the OSHA Regulations. Moreover, the Government has not provided any information on the setting of appropriate standards for: (a) preventing the escape of benzene vapour into the air of places of employment; and (b) measuring the concentration of benzene in the air of places of employment.

The Committee requests the Government to provide information on measures taken or envisaged to ensure that: (a) in premises where benzene or products containing benzene are manufactured, handled or used, all necessary measures are taken to prevent the escape of benzene vapour into the air of places of employment; (b) where workers are exposed to benzene or to products containing benzene, the employer ensures that the concentration of benzene in the air of places of employment does not exceed a maximum fixed by the competent authority; and (c) the competent authority issues directions on carrying out the measurement of the concentration of benzene in the air of places of employment.

Article 7. Enclosed systems. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that: (a) work processes involving the use of benzene or of products containing benzene are as far as practicable carried out in an enclosed system; (b) where it is not practicable for an enclosed system to be used, places of work in which benzene or products containing benzene are used shall be equipped with effective means to ensure the removal of benzene vapour to the extent necessary for the protection of the health of the workers, in accordance with Article 7 of the Convention.

Asbestos Convention, 1986 (No. 162)

The Committee notes that the general OSH regulations referred to by the Government give effect to the following provisions of the Convention: Article 6(1) and (3) (responsibilities of employers); Article 7 (workers’ compliance with instructions); Article 8 (cooperation between employers and workers); Article 13 (notification by employers); Article 14 (labelling); Article 18 (personal protective equipment and clothing); Article 19 (disposal of waste); Article 20 (measurement of concentrations of asbestos dust); Article 21(1) and (2) (medical examinations); Article 21(5) (notification system); and Article 22 (information and education).

Article 15 of the Convention. Exposure limits. The Committee notes the Government’s indication that Annex D to Technical Standard 008/17 refers to the table of limits for air contaminants established by the Regulations (Standards – 29 CFR, Part 1910) of the OSHA of the USDOL. In this regard, the Committee notes that the aforementioned table does not contain limits for occupational exposure to asbestos, which are covered by other parts of the OSHA Regulations. Moreover, the Government has not provided any information on the application of Article 15(2), (3) and (4) of the Convention. The Committee requests the Government to provide information on the measures taken or envisaged to: (a) prevent or control the release of asbestos dust into the air; (b) ensure that the exposure limits or other exposure criteria are complied with; (c) reduce exposure to as low a level as is reasonably practicable; and (d) periodically review and update exposure limits. The Committee also requests the Government to provide information on the measures taken in relation to respiratory protective equipment and special protective clothing as provided for in Article 15(4).

Article 17. Demolition of plants or structures. The Committee notes that section 6(3) of Technical Standard 006/17 (Demolition) provides that when in the framework of demolition activities, “the existence of materials containing asbestos fibres is known or detected during the demolition work itself, the appropriate procedures established by national or foreign minimum OSH provisions applicable to work involving the risk of exposure to asbestos must be followed”. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that: (a) the work provided for in Article 17 of the Convention is undertaken only by employers or contractors who are recognized by the competent authority as qualified to carry out such work; (b) the employer or contractor is required before starting demolition work to draw up a work plan specifying the measures to be taken; and (c) the workers or their representatives are consulted on the work plan, in accordance with Article 17 of the Convention.

Article 20(2), (3) and (4). Records of the monitoring of the working environment. Right to request the monitoring of the working environment. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that: (a) 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; (b) the workers concerned, their representatives and the inspection services have access to these records; (c) the workers or their representatives have the right to request the monitoring of the working environment and to appeal to the competent authority concerning the results of the monitoring, in accordance with Article 20(2), (3) and (4).

Article 21(3) and (4). Information on medical examinations. Other means of income when assignment to work involving exposure to asbestos is inadvisable. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that: (a) 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; (b) 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 workers concerned with other means of maintaining their income, in accordance with Article 21(3) and (4).

B. Protection in certain branches of activity

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

The Committee notes the Government’s first report.

Article 8(b) of the Convention. Two or more employers. Absence of the principal contractor. The Committee notes that section 13 of the Regulations implementing Act No. 545 on safety in construction (DS 2936) provides that the contractor shall nominate an occupational safety officer who shall provide training in OSH and risk prevention and be duly registered at the Ministry of Labour, Employment and Social Welfare. However, the Government has not provided any information on the authority and means to be conferred on the occupational safety officer to ensure coordination and application of the envisaged measures on behalf of the employer. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that where the principal contractor, or other person or body with actual control over or primary responsibility for overall construction site activities, is not present at the site, he/she nominates a competent person or body at the site with the authority and means necessary to ensure on his/her behalf coordination and compliance with the measures, in accordance with Article 8(b) of the Convention.

Article 12. Situation of imminent and serious danger to the safety of workers. The Committee notes that section 11(a) of DS 2936 prohibits contractors from obliging their workers to carry out activities in environments containing physical, biological, chemical, mechanical or ergonomic risks, until such time as the necessary control measures are adopted. However, the Government has not supplied any information on the employer’s obligation to take immediate steps to stop the operation and evacuate workers as appropriate, where there is an imminent danger to their safety. The Committee requests the Government to provide information on the obligation of the employer regarding a situation of imminent and serious danger to the safety of workers, in accordance with Article 12(2) of the Convention.

Article 22. Structural frames and formwork. The Committee notes that section 95 of DS 2936 establishes precautions and instructions regarding the erection of structural frames and components, formwork, falsework and shoring. However, the Regulations do not mention the obligation of carrying out such work under the supervision of a competent person. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that the erection of structural frames and formwork is carried out only under the supervision of a competent person.

Article 23. Work over water. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that where work is done over or in close proximity to water there is adequate provision for: (a) preventing workers from falling into water; (b) the rescue of workers in danger of drowning; and (c) safe and sufficient transport.

Article 27(b). Explosives. The Committee notes that DS 2936 establishes: (a) the obligation of workers to operate or handle equipment, machinery, tools or other elements only when they have been duly authorized and trained (section 9(e)); and (b) the rules to be observed for storing, handling or transporting toxic, corrosive, inflammable, explosive or other materials (section 72). However, the Government has not indicated whether the competent person must take the necessary steps to prevent any risk of injury to workers and other persons. The Committee requests the Government to provide information on the measures taken or envisaged to give effect to Article 27(b) of the Convention.

[The Government is asked to reply in full to the present comments in 2019.]

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

In order to provide a comprehensive overview of matters arising in relation to the application of the ratified occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine the Benzene Convention, 1971 (No. 136), and the Asbestos Convention, 1986 (No. 162) together.

Protection against particular risks

Benzene Convention, 1971 (No. 136)

Article 4 of the Convention. Prohibition of the use of benzene as a solvent or diluent. The Committee notes the Government’s indication in its report that the use of benzene is not prohibited. The Committee requests the Government to take the necessary measures, in accordance with Article 4 of the Convention, to prohibit the use of benzene and of products containing benzene as a solvent or diluent, except where the process is carried out in an enclosed system or where there are other equally safe methods of work.

Asbestos Convention, 1986 (No. 162)

Articles 3 and 4 of the Convention. Legislation and consultation. Referring to its previous comments, the Committee notes that the Government repeats information in its report concerning general OSH standards to which it referred previously. The Committee notes with concern that the necessary measures have not been taken to bring the legislation into conformity with Article 3 of the Convention. Moreover, with regard to the application of Article 4, the Government provides information on consultations with the social partners concerning the construction sector, but not specifically related to asbestos. The Committee once again strongly urges the Government, in accordance with Articles 3 and 4 of the Convention, to take the necessary legislative measures: (a) to prevent and control health hazards due to occupational exposure to asbestos; (b) to protect workers against such risks; and (c) to consult the most representative organizations of employers and workers concerned with regard to the measures to be taken to give effect to the provisions of the Convention.

Articles 9, 10, 11, 12 and 16. Preventive measures by law or regulation. Prohibition of the use of crocidolite and spraying. Practical measures for prevention and control. The Committee once again requests the Government to provide information on the measures taken or envisaged to ensure the application of Articles 9 and 10 (preventive measures by law or regulation), Article 11 (prohibition of crocidolite), Article 12 (prohibition on spraying) and Article 16 (practical measures for prevention and control) of the Convention.

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

[The Government is asked to reply in full to the present comments in 2019.]

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

Legislation. Referring to its previous comments, the Committee notes that, in its report, the Government provides information on general regulations on occupational safety and health (OSH) to which it has previously referred and which give very limited effect to the Convention. The Committee notes with regret that the Government reiterates that no specific standards or provisions have been developed relating to benzene. The Committee also notes that the Government refers once again to the preparation of the Occupational Safety and Health Bill, which will establish directives for immediate action regarding the handling and use of benzene, and other measures in accordance with the Convention. The Committee once again requests the Government to adopt the necessary measures to give effect to the Convention and to provide information on any progress made in this regard.

In view of the fact that the Government has not provided the information requested in its previous observation, the Committee must therefore repeat with regret its previous observation which read as follows:

Article 6(2) of the Convention. Concentration of benzene in the air of places of employment. The Committee notes that, according to the report, section 20 of Supreme Decree No. 2348 of 18 January 1951, issuing basic industrial safety and health regulations, determines that the maximum permitted concentration of benzene is 100 parts per million. The Committee draws the Government’s attention to Article 6(2) of the Convention, under which the employer shall ensure that the concentration of benzene in the air in places of employment does not exceed a maximum which shall be fixed by the competent authority at a level not exceeding a ceiling value of 25 parts per million (80mg/m3). The Committee also draws the Government’s attention to the fact that the concentration of 100 parts per million, as set out in Supreme Decree No. 2349, significantly exceeds the maximum permitted level provided for in the Convention, and is thus not in conformity with the Convention. The Committee therefore urges the Government to adopt the necessary measures as soon as possible to set the concentration of benzene at a level not exceeding a ceiling value of 25 parts per million, as established in this Article of the Convention, and to provide information in this respect.

Article 11(1). Pregnant women, nursing mothers and young persons under 18 years of age. The Committee notes the Government’s indication that, under section 8 of the General Occupational Safety, Health and Welfare Act of 2 August 1979, women and young persons under 18 years of age shall not be employed in work that is hazardous, arduous or harmful to their health or morals. The Committee notes that the report does not indicate whether this covers work involving exposure to benzene. The Committee requests the Government to take the necessary steps to ensure that the legislation provides that: (a) women medically certified as pregnant, and nursing mothers, shall not be employed in work processes involving exposure to benzene or products containing benzene; and (b) young persons under 18 years of age shall not be employed in work processes involving exposure to benzene or products containing benzene, unless they are young persons undergoing education or training who are under adequate technical and medical supervision. The Committee requests the Government to provide information in this respect.

[The Government is asked to reply in detail to the present comments in 2017.]

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

Articles 3 and 4 of the Convention. Legislation and consultation with the most representative organizations of employers and workers concerned on the measures to be taken to give effect to the provisions of the Convention. With reference to its previous comments, the Committee notes the information provided by the Government in its report on general occupational safety and health provisions, to which it has already referred, which give very limited effect to the Convention. The Committee notes in particular that the Bill on occupational safety and health and the preliminary draft regulations for the safe use of asbestos, the forthcoming adoption of which has been noted by the Committee since 1994, have still not been adopted. The Committee therefore urged the Government to make efforts as soon as possible to consult the most representative organizations of employers and workers concerned on the measures to be taken to give effect to the provisions of the Convention and to provide detailed information on the outcome of these consultations. The Committee notes with regret that the Government has not provided the requested information, which appears to show that the consultations envisaged in Article 4 of the Convention have not been held on the measures to be taken to give effect to the provisions of the Convention, and that the legislation referred to previously has not been adopted. The Committee recalls that all laws and regulations have to be the subject of consultation and periodic review in the light of technical progress and advances in scientific knowledge, in accordance with Article 3(2) of the Convention, and the subject of consultations under the terms of Article 4 of the Convention. The Committee once again urges the Government, in accordance with Article 3(2), and within the framework of consultations with the most representative organizations of employers and workers concerned, as required by Article 4, to review the legislation to bring it into conformity with the Convention, including in relation to exposure limits which, in accordance with Article 15(2), shall be fixed and periodically reviewed and updated in the light of technological progress and advances in technological and scientific knowledge.

[The Government is asked to reply in detail to the present comments in 2017.]

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Legislation. The Committee notes the Government’s detailed report on the measures adopted to ensure the application of the Convention in practice, the obstacles and difficulties encountered and a preliminary draft Occupational Safety and Health Bill, which it already noted in 2011. The Government indicates that the Bill will lay down directives for immediate action to give effect to the Convention. The Committee also notes that, in its report, the Government requests technical assistance and cooperation for the effective application of the Convention and key instruments on occupational safety and health, as well as the development of regulations, technical guides and training. In this respect, the Committee requests the Government to adopt all the necessary measures to give legislative effect to the Convention, to make a formal request for technical assistance from the Office in the near future and to provide information on the progress made.

Article 6(2) of the Convention. Concentration of benzene in the air of places of employment. The Committee notes that, according to the report, section 20 of Supreme Decree No. 2348 of 18 January 1951, issuing basic industrial safety and health regulations, determines that the maximum permitted concentration of benzene is 100 parts per million. The Committee draws the Government’s attention to Article 6(2) of the Convention, under which the employer shall ensure that the concentration of benzene in the air in places of employment does not exceed a maximum which shall be fixed by the competent authority at a level not exceeding a ceiling value of 25 parts per million (80mg/m3). The Committee also draws the Government’s attention to the fact that the concentration of 100 parts per million, as set out in Supreme Decree No. 2349, significantly exceeds the maximum permitted level provided for in the Convention, and is thus not in conformity with the Convention. The Committee therefore urges the Government to adopt the necessary measures as soon as possible to set the concentration of benzene at a level not exceeding a ceiling value of 25 parts per million, as established in this Article of the Convention, and to provide information in this respect.

Article 11(1). Pregnant women, nursing mothers and young persons under 18 years of age. The Committee notes the Government’s indication that, under section 8 of the General Occupational Safety, Health and Welfare Act of 2 August 1979, women and young persons under 18 years of age shall not be employed in work that is hazardous, arduous or harmful to their health or morals. The Committee notes that the report does not indicate whether this covers work involving exposure to benzene. The Committee requests the Government to take the necessary steps to ensure that the legislation provides that: (a) women medically certified as pregnant, and nursing mothers, shall not be employed in work processes involving exposure to benzene or products containing benzene; and (b) young persons under 18 years of age shall not be employed in work processes involving exposure to benzene or products containing benzene, unless they are young persons undergoing education or training who are under adequate technical and medical supervision. The Committee requests the Government to provide information in this respect.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Legislation. The Committee notes the information provided in the Government’s report on the application of the Convention in practice, and notes that the Government once again refers to the Bill on occupational safety and health, which has still not been adopted. It also refers to preliminary draft regulations on the safe use of asbestos, which the Committee has been noting for several years. The Committee notes that the effect given to the Convention is very limited as there are no specific legislative or administrative provisions, as required by the Convention. The Committee also emphasizes that Article 15 of the Convention requires the competent authority to prescribe limits for the exposure of workers to asbestos or other exposure criteria for the evaluation of the working environment, which has still not been done. The Committee notes with concern that, over 20 years after its ratification, adequate legislative or administrative provisions have still not been adopted to give effect to the Convention, and the limits referred to in Article 15 of the Convention have still not been established. The Committee urges the Government to adopt all the necessary measures to give legislative effect to the Convention and to provide information in this regard. The Committee recalls that the Government may seek the technical assistance of the Office if necessary, and requests it to provide information on any developments in this respect.

Article 4. Consultation of the most representative organizations of employers and workers concerned on the measures to be taken to give effect to the provisions of the Convention. In its previous comments, the Committee requested the Government to provide information on the activities undertaken by the National Council for Occupational Safety, Health and Welfare, with respect to the application of this Convention. The Committee notes that the Government confines itself to indicating the functions of the Council, as set out in the 1979 General Health Act, but has not provided the information requested. The Committee urges the Government to make efforts, as soon as possible, to consult the most representative organizations of employers and workers concerned on the measures to be taken to give effect to the provisions of the Convention, and to provide detailed information on the outcome of these consultations.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Situation in occupational safety and health (OSH). The Committee notes that the Government has not sent any reply to its comments of 2006. The Committee notes that the Government refers to general problems existing in occupational safety and health (OSH). The Government indicates that the 1979 Occupational Safety and Health Act is currently in force but despite the length of time it has been in force it has not been implemented effectively since occupational safety has still not been incorporated into management criteria. The employers still consider that the introduction of systems for prevention and improvement constitutes expenditure, not investment enabling improvements in production and efficiency and reductions in social costs. The workers, despite being the parties directly concerned, have not taken up the subject of OSH and wage issues are the focus of negotiations. The State, through its competent bodies, lacks the clout to ensure that the Act is enforced and as a result accident levels have risen considerably, thus making it necessary to amend the legislation. In view of this situation, and on the basis of the new Constitution, the State has focused its efforts on establishing bodies to promote advances in this field and on adopting legislation. On 18 November 2008, the Government established the National Council for Occupational Safety, Health and Welfare, under the supervision of the Directorate-General of Labour and Industrial Safety at the Ministry of Labour. The Council is a tripartite body whose main function is to formulate policy in this field as well as advising the state authorities. In addition, the Ministry of Labour, Employment and Social Welfare promoted the drawing up of draft legislation in OSH, within the framework of the new Constitution. The Committee notes the efforts made by the Government in setting up the abovementioned body and drawing up the draft legislation. As regards the National Council for Occupational Safety, Health and Welfare, the Committee requests the Government to supply information on the activities undertaken by this body with respect to the application of the Convention. As regards the draft legislation, the Committee requests the Government to take account in the preparation thereof of the OSH Conventions which it has ratified and of the Committee’s comments and to supply information on any developments in this respect, and recalls that the Government may seek technical assistance from the Office if necessary. The Committee requests the Government to provide a general description of the manner in which it ensures that the Convention is applied and to respond to the comments made by the Committee in 2006.

Plan of Action (2010–16). The Committee wishes to take this opportunity to inform the Government that in March 2010 the ILO Governing Body adopted a Plan of Action to achieve widespread ratification and effective implementation of the key instruments in OSH, namely: the Occupational Safety and Health Convention, 1981 (No. 155), its 2002 Protocol, and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) (GB.307/10/2(Rev.)). Noting the Government’s willingness to adopt a global approach to OSH in consultation with the social partners and the fact that the Government has not yet ratified the three key instruments indicated in this paragraph, the Committee wishes to draw the Government’s attention to the fact that these instruments could make an effective contribution towards establishing an appropriate and coherent tripartite framework for the management of OSH, which would also facilitate the application of the ratified Conventions. The Committee wishes to draw the Government’s attention to the fact that, under the terms of the Plan, the Office is available to provide the necessary technical cooperation and assistance to facilitate the application of the ratified Conventions and the ratification of Convention No. 155, its Protocol and Convention No. 187. The Committee requests the Government to supply information on any need for technical assistance and cooperation that it may have in this respect.

Part IV of the report form. Application in practice. The Committee requests the Government to provide a general description of the manner in which the Convention is applied in practice, including documents and material by way of illustration.

[The Government is asked to reply in detail to the present comments in 2013.]

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Situation in occupational safety and health (OSH). The Committee notes that the Government’s report does not reply to most of the matters raised by the Committee in its observation of 2009. The Committee notes that the Government refers to general problems in OSH. The Government indicates that the 1979 Occupational Safety and Health Act is currently in force but despite the period it has been in force it has not been implemented effectively since occupational safety has still not been incorporated into management criteria. In addition, employers and workers still consider that the introduction of systems for prevention and improvement would constitute expenditure, not investment, enabling improvements in production and efficiency and reductions in social costs. In light of this situation, and on the basis of the new Constitution, the State has focused its efforts on establishing bodies to promote advances in this field and on adopting legislation. On 18 November 2008, the Government established the National Council for Occupational Safety, Health and Welfare, under the supervision of the Director-General of Labour and Industrial Safety at the Ministry of Labour. The Council is a tripartite body whose main function is to formulate policy in this field as well as advising the State authorities. In addition, the Ministry of Labour, Employment and Social Welfare promoted the drawing up of draft legislation in OSH, within the framework of the new Constitution. The Committee notes the Government’s indication that the draft legislation seeks to lay down guidelines for immediate action for the handling and use of benzene and the adoption of necessary protection measures. The Committee notes the efforts made by the Government in setting up the abovementioned body and the drawing up of the draft legislation. With regard to the National Council for Occupational Safety, Health and Welfare, the Committee requests the Government to supply information on the activities undertaken by this body with respect to the application of this Convention. With regard to the draft legislation, the Committee requests the Government to ensure that the legislation gives effect to this Convention and to the other OSH Conventions which it has ratified, to take account of the Committee’s comments on the application of these Conventions, and to supply information on any developments in this respect, and recalls that the Government may seek technical assistance from the Office if necessary. The Committee requests the Government to provide a general description of the manner in which it ensures that the Convention is applied and to respond to the comments made by the Committee in 2009 and provide detailed information in this respect.

Plan of Action (2010–16). The Committee wishes to take this opportunity to inform the Government that in March 2010 the ILO Governing Body adopted a Plan of Action to achieve widespread ratification and effective implementation of the key instruments in OSH, namely: the Occupational Safety and Health Convention, 1981 (No. 155), its 2002 Protocol, and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) (GB.307/10/2(Rev.)). Noting the Government’s willingness to adopt a global approach to OSH in consultation with the social partners and the fact that the Government has not ratified the three key instruments indicated in this paragraph, the Committee wishes to draw the Government’s attention to the fact that these instruments could make an effective contribution towards establishing an appropriate and coherent tripartite framework for the management of OSH, which would also facilitate the application of the ratified Conventions. The Committee wishes to draw the Government’s attention to the fact that, under the terms of the Plan, the Office is available to provide the necessary technical cooperation and assistance to facilitate the application of the ratified Conventions and the ratification of Convention No. 155, its Protocol and Convention No. 187. The Committee requests the Government to supply information on any need for technical assistance and cooperation that it may have in this respect.

Part IV of the report form. Application in practice. The Committee requests the Government to provide a general description of the manner in which the Convention is applied in practice, including documents and material by way of illustration.

[The Government is asked to reply in detail to the present comments in 2013.]

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

The Committee notes the adoption of Supreme Decree No. 26171 of 4 May 2001, supplementing the Environmental Regulations for the hydrocarbon sector issued by Supreme Decree No. 24335 of 19 July 1996. The Committee notes that the new Decree covers activities and factors liable to affect the environment in general, that is to contaminate the air, water in all its states, soil and subsoil, in excess of the permissible limits established, but that it does not contain measures respecting the protection of workers against risks of poisoning deriving from their exposure to benzene. The Committee notes that this report does not contain sufficient information in reply to its previous comments, and recalls that from its first comments in the 1980s the Committee has been drawing the Government’s attention to the necessity to adopt measures to give effect to many substantive provisions of the Convention, in accordance with Article 14 of the Convention. The Committee notes that such measures have not been adopted and urges the Government to ensure that they are adopted in the near future by the competent authorities, including the government body referred to above, in relation to the following provisions of the Convention: Article 1(b) (adoption of protective measures in relation to products the benzene content of which exceeds 1 per cent by volume); Article 2 (use of harmless or less harmful substitute products); Article 4, paragraphs 1 and 2 (prohibition of the use of benzene and products containing benzene as a solvent or diluent in certain work processes, except where the process is carried out in an enclosed system or where there are other equally safe methods of work); Article 6, paragraphs 1, 2 and 3 (measures taken to prevent the exposure of workers to benzene; to ensure that, in any case, workers are not exposed to a concentration of benzene in the air exceeding a ceiling value of 25 parts per million; and to issue directions on carrying out the measurement of the concentration of benzene in the air of places of work); Article 7, paragraph 1 (the carrying out of work processes involving the use of benzene or of products containing benzene in an enclosed system); and Article 11, paragraphs 1 and 2 (prohibition to employ pregnant women, nursing mothers and young persons under 18 years of age in work processes involving exposure to benzene or products containing benzene).

Article 9. Pre-employment and subsequent medical examinations. The Committee refers to its previous comments concerning draft regulations respecting medical services covering, among other matters, the need to perform medical examinations prior to employment and during and after employment. As its latest report does not contain information in this respect, the Committee requests the Government to indicate in its next report whether, in the meantime, the above regulations respecting medical services have been adopted and, if so, it requests the Government to indicate whether the provisions contained in the draft regulations have been established in such a manner as to ensure that medical examinations are carried out taking into account this Article of the Convention. The Committee also requests the Government to provide a copy of the above text.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes the adoption of Supreme Decree No. 26171 of 4 May 2001, supplementing the Environmental Regulations for the hydrocarbon sector issued by Supreme Decree No. 24335 of 19 July 1996. The Committee notes that the new Decree covers activities and factors liable to affect the environment in general, that is to contaminate the air, water in all its states, soil and subsoil, in excess of the permissible limits established, but that it does not contain measures respecting the protection of workers against risks of poisoning deriving from their exposure to benzene. The Committee notes that this report does not contain sufficient information in reply to its previous comments, and recalls that from its first comments in the 1980s the Committee has been drawing the Government’s attention to the necessity to adopt measures to give effect to many substantive provisions of the Convention, in accordance with Article 14 of the Convention. The Committee notes that such measures have not been adopted and urges the Government to ensure that they are adopted in the near future by the competent authorities, including the government body referred to above, in relation to the following provisions of the Convention: Article 1(b) (adoption of protective measures in relation to products the benzene content of which exceeds 1 per cent by volume); Article 2 (use of harmless or less harmful substitute products); Article 4, paragraphs 1 and 2 (prohibition of the use of benzene and products containing benzene as a solvent or diluent in certain work processes, except where the process is carried out in an enclosed system or where there are other equally safe methods of work); Article 6, paragraphs 1, 2 and 3 (measures taken to prevent the exposure of workers to benzene; to ensure that, in any case, workers are not exposed to a concentration of benzene in the air exceeding a ceiling value of 25 parts per million; and to issue directions on carrying out the measurement of the concentration of benzene in the air of places of work); Article 7, paragraph 1 (the carrying out of work processes involving the use of benzene or of products containing benzene in an enclosed system); and Article 11, paragraphs 1 and 2 (prohibition to employ pregnant women, nursing mothers and young persons under 18 years of age in work processes involving exposure to benzene or products containing benzene).

Article 9 of the Convention. Pre-employment and subsequent medical examinations. The Committee refers to its previous comments concerning draft regulations respecting medical services covering, among other matters, the need to perform medical examinations prior to employment and during and after employment. As its latest report does not contain information in this respect, the Committee requests the Government to indicate in its next report whether, in the meantime, the above regulations respecting medical services have been adopted and, if so, it requests the Government to indicate whether the provisions contained in the draft regulations have been established in such a manner as to ensure that medical examinations are carried out taking into account this Article of the Convention. The Committee also requests the Government to provide a copy of the above text.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

1. The Committee notes the adoption of Supreme Decree No. 26171 of 4 May 2001, supplementing the Environmental Regulations for the hydrocarbon sector issued by Supreme Decree No. 24335 of 19 July 1996. The Committee notes that the new Decree covers activities and factors liable to affect the environment in general, that is to contaminate the air, water in all its states, soil and subsoil, in excess of the permissible limits established, but that it does not contain measures respecting the protection of workers against risks of poisoning deriving from their exposure to benzene. The Committee notes that this report does not contain sufficient information in reply to its previous comments and recalls that from its first comments in the 1980s the Committee has been drawing the Government’s attention to the necessity to adopt measures to give effect to many substantive provisions of the Convention, in accordance with Article 14 of the Convention. The Committee notes that such measures have not been adopted and urges the Government to ensure that they are adopted in the near future by the competent authorities, including the government body referred to above, in relation to the following provisions of the Convention: Article 1(b) (adoption of protective measures in relation to products the benzene content of which exceeds 1 per cent by volume); Article 2 (use of harmless or less harmful substitute products); Article 4, paragraphs 1 and 2 (prohibition of the use of benzene and products containing benzene as a solvent or diluent in certain work processes, except where the process is carried out in an enclosed system or where there are other equally safe methods of work); Article 6, paragraphs 1, 2 and 3 (measures taken to prevent the exposure of workers to benzene; to ensure that, in any case, workers are not exposed to a concentration of benzene in the air exceeding a ceiling value of 25 parts per million; and to issue directions on carrying out the measurement of the concentration of benzene in the air of places of work); Article 7, paragraph 1 (the carrying out of work processes involving the use of benzene or of products containing benzene in an enclosed system); and Article 11, paragraphs 1 and 2 (prohibition to employ pregnant women, nursing mothers and young persons under 18 years of age in work processes involving exposure to benzene or products containing benzene).

2. Article 9 of the Convention. Pre-employment and subsequent medical examinations. The Committee refers to its previous comments concerning draft regulations respecting medical services covering, among other matters, the need to perform medical examinations prior to employment and during and after employment. As its latest report does not contain information in this respect, the Committee requests the Government to indicate in its next report whether, in the meantime, the above regulations respecting medical services have been adopted and, if so, it requests the Government to indicate whether the provisions contained in the draft regulations have been established in such a manner as to ensure that medical examinations are carried out taking into account this Article of the Convention. The Committee also requests the Government to provide a copy of the above text.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes the information contained in the Government’s report.

2. Article 3, paragraph 1, of the Convention. Measures to be taken for the protection of workers against health hazards due to occupational exposure to asbestos. The Committee notes the Government’s statement that it has not been possible to adopt any legislative text or regulations relating to the application of the Convention. It also notes that, according to the Government’s report, the labour inspection services carry out surveillance of the use of asbestos as a chemical contaminant, in accordance with the legislation in force. The Committee trusts that the Government will take all the necessary measures in due course for the adoption of laws prescribing the measures to be taken for the prevention and control of, and protection of workers against health hazards due to occupational exposure to asbestos, in accordance with Article 3 of the Convention. It expresses the firm hope that the Government will make every effort in the near future to adopt and implement the draft Regulations on the safe use of asbestos. The Committee invites the Government to receive ILO assistance through the presentation of draft legislation which can be examined in the light of the provisions of this Convention.

3. Article 3, paragraph 2. Periodic review of legislation in the light of technical progress and advances in scientific knowledge. The Committee refers once again to the fact that, at the present time, the General Act on Hygiene, Occupational Safety and Welfare (Decree No. 16998, of 2 August 1999) is the only law applicable which, however, only contains general provisions on occupational safety and health. The Committee refers to the Government’s statement in which it expressed its intention, despite the opposition of the employers concerned, to adopt the necessary measures to give full effect to the Convention. The Committee requests the Government to provide information on the progress achieved in this respect.

4. Article 7. Requirement for workers to comply with prescribed safety and hygiene procedures relating to the prevention and control of health hazards due to occupational exposure to asbestos. The Committee notes the Government’s indications concerning the resistance, and in some cases even opposition of workers to making use of appropriate clothing and equipment, which constitutes a disincentive preventing a greater number of enterprises from investing in such equipment. The Committee requests the Government to indicate the measures taken to give effect to this Article.

5. Article 10(a). Replacement of certain types of asbestos by other materials scientifically evaluated by the competent authority to be less harmful. The Committee notes that, according to the Government’s report, the biggest industry manufacturing products made from asbestos imports white asbestos, which is less carcinogenic than blue asbestos. The Committee recalls that this provision of the Convention requires that the measures taken to protect workers’ health have to be set out in the national legislation. The Committee requests the Government to indicate the provision of laws or regulations requiring the use of less carcinogenic forms of asbestos in products manufactured on the basis of asbestos.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes the information contained in the Government’s report according to which the Environmental Directorate of the Ministry of Hydrocarbons is a government body responsible for ensuring the adoption of measures to prevent the risk of exposure to benzene. It also notes the adoption of Supreme Decree No. 26171 of 4 May 2001, supplementing the Environmental Regulations for the hydrocarbon sector issued by Supreme Decree No. 24335 of 19 July 1996. The Committee notes that the new Decree covers activities and factors liable to affect the environment in general, that is to contaminate the air, water in all its states, soil and subsoil, in excess of the permissible limits established, but that it does not contain measures respecting the protection of workers against risks of poisoning deriving from their exposure to benzene. The Committee notes that this report does not contain sufficient information in reply to its previous comments and recalls that from its first comments in the 1980s the Committee has been drawing the Government’s attention to the necessity to adopt measures to give effect to many substantive provisions of the Convention, in accordance with Article 14 of the Convention. The Committee notes that such measures have not been adopted and urges the Government to ensure that they are adopted in the near future by the competent authorities, including the government body referred to above, in relation to the following provisions of the Convention: Article 1(b) (adoption of protective measures in relation to products the benzene content of which exceeds 1 per cent by volume); Article 2 (use of harmless or less harmful substitute products); Article 4, paragraphs 1 and 2 (prohibition of the use of benzene and products containing benzene as a solvent or diluent in certain work processes, except where the process is carried out in an enclosed system or where there are other equally safe methods of work); Article 6, paragraphs 1, 2 and 3 (measures taken to prevent the exposure of workers to benzene; to ensure that, in any case, workers are not exposed to a concentration of benzene in the air exceeding a ceiling value of 25 parts per million; and to issue directions on carrying out the measurement of the concentration of benzene in the air of places of work); Article 7, paragraph 1 (the carrying out of work processes involving the use of benzene or of products containing benzene in an enclosed system); and Article 11, paragraphs 1 and 2 (prohibition to employ pregnant women, nursing mothers and young persons under 18 years of age in work processes involving exposure to benzene or products containing benzene).

2. Article 9. Pre-employment and subsequent medical examinations. The Committee refers to its previous comments concerning draft regulations respecting medical services covering, among other matters, the need to perform medical examinations prior to employment and during and after employment. As its latest report does not contain information in this respect, the Committee requests the Government to indicate in its next report whether, in the meantime, the above regulations respecting medical services have been adopted and, if so, it requests the Government to indicate whether the provisions contained in the draft regulations have been established in such a manner as to ensure that medical examinations are carried out taking into account this Article of the Convention. The Committee also requests the Government to provide a copy of the above text.

[The Government is asked to reply in detail to the present comments in 2007.]

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee takes note of the Government’s report in response to its previous comments. It further notes the Government’s indications with regard to a number of legislative projects predicted in the field of occupational safety and health.

With regard to the adoption of legislative texts addressing the specific requirements laid down by Article 3 of the Convention, the Committee notes again the Government’s indication that the draft regulations on the safe use of asbestos have been elaborated with the participation of employers and workers to introduce the principles enshrined in this Convention into national legislation. The Committee notes the Government’s indication that, during the preparatory work, a group of employers from small enterprises expressed their opposition to the draft regulations, because they thought that its content violates their rights, and that the international standards are not acceptable in so far as they have been elaborated for the purposes of the overdeveloped countries. In view of the fact that, at present, the General Law on Hygiene, Occupational Safety and Welfare (Decree No. 16998 of 2 August 1989) is the only law applicable, which however provides only for general provisions concerning occupational safety and health, and in the light of the Government’s indication that, although only one type of asbestos, namely the "blue asbestos", is exploited in Bolivia, this kind of asbestos being unfortunately considered as highly carcinogenic, the Committee, taking due note of the Government’s declaration with which it manifests its intention in spite of the opposition faced to adopt the necessary measures to give effect to the provisions of the Convention, expresses its firm hope that the Government will do its utmost to adopt and apply the draft regulations on the safe use of asbestos in the near future. The Committee further notes the Government’s indication that the Minister of Labour is currently preparing regulations concerning the use of diverse chemical substances on the basis of the technical standards contained in Legislative Decree No. 16998 of 2 August 1989. The Committee requests the Government to indicate whether the above regulations would also include asbestos.

The Committee hopes that the Government will take the necessary measures in due time to adopt laws or regulations prescribing the measures to be taken for the prevention and control of, and protection of workers against, health hazards due to occupational exposure to asbestos, in conformity with Article 3 of the Convention. In this respect, the Committee, while noting the Government’s indication that the re-established technical assistance between Spain and the Government, in particular with the Minister of Labour, allowed the elaboration of regulations regarding medical services at the enterprise and medical inspection at work, recalls that the Government has always the possibility to refer, either to the Office or to its Multidisciplinary Team responsible for the region, for requesting technical assistance. The Committee requests the Government to keep the Office informed on any progress achieved in this respect.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

1. The Committee notes that the Government does not reply to the comments it has formulated in its previous observation. The Committee nevertheless notes the Government’s indication that it is not in a position to provide the information requested by the Committee and which is required under the report form to the Convention, since the General Direction of Occupational Hygiene and Welfare, responsible for carrying out inspections in industrial enterprises, does not dispose of this information. This is due to the fact that the necessary inspections have not been carried out in the designated industries because of shortcomings in technical material to measure the emission of benzene.

2. Taking due note of the Government’s indications, the Committee ventures to remind the Government that its previous observation concerned the necessity to adopt the necessary measures to apply the provisions of the Convention, for no measures have been adopted yet concerning the protection of workers against the hazards of poisoning arising from their exposure to benzene. The Committee accordingly once again draws the Government’s attention to the need to adopt measures in order to give effect to the main provisions of the Convention, in particular: Article 1(b) of the Convention (the protective measures elaborated must apply not only to benzene but also to products the benzene content of which exceeds 1 per cent by volume); Article 2 (whenever harmless or less harmful substitute products are available they shall be used instead of benzene or products containing benzene); Article 4, paragraphs 1 and 2 (prohibition of the use of benzene and products containing benzene in certain work processes at least making use of benzene as a solvent or diluent, except where the process is carried out in an enclosed system or there are other equally safe methods); Article 6, paragraphs 1, 2, and 3 (measures shall be taken to prevent the escape of benzene vapour into the air of places of employment, and concentration of benzene in the air of the places of employment must not exceed a ceiling value of 25 parts per million; directions must be issued on carrying out the measurement of the concentration of benzene in the air of places of employment); Article 7, paragraph 1 (work processes involving the use of benzene or of products containing benzene shall, as far as practicable, be carried out in an enclosed system); Article 11, paragraphs 1 and 2 (prohibition to employ pregnant women, nursing mothers and young persons under 18 years of age in work processes involving exposure to benzene or products containing benzene). The Committee trusts that the Government will take the necessary measures in the near future to give effect to the provisions of the Convention.

3. Article 9. The Committee noted in its previous comments that the draft regulations concerning medical services included, as part of the general routine, medical examinations prior to employment, during employment and thereafter. To the Committee’s understanding, the medical examinations the Government referred to were not provided for under specific legislation, but were carried out by the "Superintendency of Occupational Health" and recorded on forms established by the Ministry of Labour for notification of occupational accidents. The Committee recalled the Government that this Article of the Convention requires specific medical examinations prior to employment and periodically thereafter for all workers to be employed in work processes involving exposure to benzene or products containing benzene, to assess their fitness for such employment. The Committee, in absence of any further information provided by the Government in this respect, requests the Government to indicate whether the draft regulations concerning medical services have been adopted in the meantime, and, if so, to indicate whether the provisions contained in the draft regulations have been aligned in a manner to ensure that the required examinations are carried out to guarantee the application of this Article of the Convention.

The Committee urges the Government to adopt the necessary measures, without any further delay, to give effect to the provisions of the Convention. It firmly hopes that the next report of the Government will contain information on the adoption of a legal text concerning the protection of workers against the hazards of poisoning arising from their exposure to benzene.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

With reference to the comments it has been making for 15 years, the Committee notes the information supplied by the Government in its report. The Government indicates that it has completed elaboration of draft regulations concerning the use of asbestos in conditions of safety, and that it will undertake the drafting of corresponding regulations for the construction sector, of manuals on the establishment of joint occupational safety and health committees and on the establishment of occupational safety and health departments within enterprises. The Committee further notes that according to the Government, despite the absence of specific regulations regarding the use of benzene, implementing measures have been adopted based on the provisions of the general law in force regarding occupational safety and health which regulates the handling and use of various chemical substances. The Government further indicates that the Manifesto on Environmental Impact, as well as safety regulations in undertakings and plans setting out eventualities in cases of occupational hazards are currently applied in all industries. The Committee requests the Government to indicate precisely how the abovementioned texts apply the provisions of the Convention.

The Committee notes that since its first report in 1982, when the Government had announced that it will take the necessary measures to apply the provisions of the Convention, no measures have as yet been adopted in this respect. The Committee therefore recalls that measures are necessary to give application to the main provisions of the Convention, in particular Article 1(b) of the Convention (the protective measures elaborated must apply not only to benzene but also to products the benzene content of which exceeds 1 per cent by volume); Article 2 (whenever harmless or less harmful substitute products are available, they shall be used instead of benzene or products containing benzene); Article 4, paragraphs 1 and 2 (prohibition of the use of benzene and of products containing benzene in certain work at least making use of benzene as a solvent or diluent, except where the process is carried out in an enclosed system or where there are other equally safe methods of work); Article 6, paragraphs 1, 2 and 3 (measures shall be taken to prevent the escape of benzene vapour into the air of places of employment, and concentration of benzene in the air of the places of employment must not exceed a ceiling value of 25 parts per million; directions must be issued on carrying out the measurement of the concentration of benzene in the air of places of employment); Article 7, paragraph 1 (work processes involving the use of benzene or of products containing benzene shall as far as practicable, be carried out in an enclosed system); and Article 11, paragraphs 1 and 2 (prohibition to employ pregnant women, nursing mothers and young persons under 18 years of age in work processes involving exposure to benzene or products containing benzene). The Committee renews its hope that the Government will take the necessary measures in the near future to apply the Convention.

Article 9. The Committee again notes from the Government’s report that the draft regulations concerning medical services include, as part of the general routine, medical examinations prior to employment, during employment and thereafter. The Committee understands from the Government’s statement that these medical examinations are not provided for under specific legislation, but are carried out by the "Superintendency of Occupational Health" and recorded on forms established by the Ministry of Labour for notification of occupational accidents. The Committee recalls that this Article of the Convention provides for specific medical examinations prior to employment and thereafter periodically for all workers who are to be employed in work processes involving exposure to benzene or to products containing benzene, to establish their fitness for such employment. The Committee trusts that the draft regulations concerning medical services will contain provisions to ensure that the required examinations are carried out to guarantee the application of this Article of the Convention. The Committee requests the Government to provide information regarding the adoption of the abovementioned draft as soon as possible.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

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:

The Committee notes with interest the information provided in the Government's first and second reports. The Government has referred to certain general occupational safety and health measures already provided for in the legislation and has indicated that, in order to ensure the application of the Convention, draft regulations concerning safety in the use of asbestos have been elaborated and that the representative workers' and employers' organizations have been sent copies of the draft for their comments.

The Committee recalls that, under Article 3 of the Convention, national laws or regulations are to prescribe the measures to be taken for the prevention, control of, and protection of workers against, health hazards due to occupational exposure to asbestos. The Government is requested to indicate, in its next report, the progress made in this regard and to provide a copy of any texts adopted to ensure the application of the provisions of the Convention.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

With reference to the comments it has been making for 15 years, the Committee notes the information supplied by the Government in its report. The Government indicates that it has completed elaboration of draft regulations concerning the use of asbestos in conditions of safety, and that it will undertake the drafting of corresponding regulations for the construction sector, of manuals on the establishment of joint occupational safety and health committees and on the establishment of occupational safety and health departments within enterprises. The Committee further notes that according to the Government, despite the absence of specific regulations regarding the use of benzene, implementing measures have been adopted based on the provisions of the general law in force regarding occupational safety and health which regulates the handling and use of various chemical substances. The Government further indicates that the Manifesto on Environmental Impact, as well as safety regulations in undertakings and plans setting out eventualities in cases of occupational hazards are currently applied in all industries. The Committee requests the Government to indicate precisely how the abovementioned texts apply the provisions of the Convention.

The Committee notes that since its first report in 1982, when the Government had announced that it will take the necessary measures to apply the provisions of the Convention, no measures have as yet been adopted in this respect. The Committee therefore recalls that measures are necessary to give application to the main provisions of the Convention, in particular Article 1(b) of the Convention (the protective measures elaborated must apply not only to benzene but also to products the benzene content of which exceeds 1 per cent by volume); Article 2 (whenever harmless or less harmful substitute products are available, they shall be used instead of benzene or products containing benzene); Article 4, paragraphs 1 and 2 (prohibition of the use of benzene and of products containing benzene in certain work at least making use of benzene as a solvent or diluent, except where the process is carried out in an enclosed system or where there are other equally safe methods of work); Article 6, paragraphs 1, 2 and 3 (measures shall be taken to prevent the escape of benzene vapour into the air of places of employment, and concentration of benzene in the air of the places of employment must not exceed a ceiling value of 25 parts per million; directions must be issued on carrying out the measurement of the concentration of benzene in the air of places of employment); Article 7, paragraph 1 (work processes involving the use of benzene or of products containing benzene shall as far as practicable, be carried out in an enclosed system); and Article 11, paragraphs 1 and 2 (prohibition to employ pregnant women, nursing mothers and young persons under 18 years of age in work processes involving exposure to benzene or products containing benzene). The Committee renews its hope that the Government will take the necessary measures in the near future to apply the Convention.

Article 9. The Committee again notes from the Government's report that the draft regulations concerning medical services include, as part of the general routine, medical examinations prior to employment, during employment and thereafter. The Committee understands from the Government's statement that these medical examinations are not provided for under specific legislation, but are carried out by the "Superintendency of Occupational Health" and recorded on forms established by the Ministry of Labour for notification of occupational accidents. The Committee recalls that this Article of the Convention provides for specific medical examinations prior to employment and thereafter periodically for all workers who are to be employed in work processes involving exposure to benzene or to products containing benzene, to establish their fitness for such employment. The Committee trusts that the draft regulations concerning medical services will contain provisions to ensure that the required examinations are carried out to guarantee the application of this Article of the Convention. The Committee requests the Government to provide information regarding the adoption of the abovementioned draft as soon as possible.

[The Government is asked to report in detail in 2001.]

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes with interest the information provided in the Government's first and second reports. The Government has referred to certain general occupational safety and health measures already provided for in the legislation and has indicated that, in order to ensure the application of the Convention, draft regulations concerning safety in the use of asbestos have been elaborated and that the representative workers' and employers' organizations have been sent copies of the draft for their comments.

The Committee recalls that, under Article 3 of the Convention, national laws or regulations are to prescribe the measures to be taken for the prevention, control of, and protection of workers against, health hazards due to occupational exposure to asbestos. The Government is requested to indicate, in its next report, the progress made in this regard and to provide a copy of any texts adopted to ensure the application of the provisions of the Convention.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

Further to its previous comments, the Committee notes the information provided in the Government's report. The Government has indicated that, as the competent technical bodies are presently working toward the elaboration of regulations concerning asbestos, the elaboration of regulations concerning the use of benzene and products containing benzene will still take some time. The Committee notes with regret, however, that the main provisions of the Convention are still not applied. The Committee, therefore, urges the Government to take the necessary measures in the near future to ensure the application of Article 1(b) of the Convention (the protective measures elaborated must not only apply to benzene, but also to products the benzene content of which exceeds 1 per cent by volume); Article 2 (whenever harmless or less harmful substitute products are available they shall be used instead of benzene or products containing benzene); Article 4, paragraphs 1 and 2 (prohibition of the use of benzene or products containing benzene in certain work processes, including, at least, the use of benzene as a solvent or diluent, except where the process is carried out in an enclosed system or where there are other equally safe methods of work); Article 6, paragraphs 1, 2 and 3 (measures shall be taken to prevent the escape of benzene vapour into the air and the maximum limit of the concentration of benzene in the air shall not exceed 25 parts per million; directions shall be issued on carrying out the measurement of the concentration of benzene in the air); Article 7, paragraph 1 (the regulation of work processes involving the use of benzene or products containing benzene generally to be carried out, as far as practicable, in an enclosed system); and Article 11, paragraphs 1 and 2 (prohibition of the employment of pregnant women, nursing mothers and young persons under 18 years of age in work processes involving exposure to benzene or products containing benzene).

Article 9. The Committee notes from the Government's report that the draft regulations concerning medical services include as part of the general routine medical examinations prior to employment, during employment and thereafter. The Government has added that, during the final review of this draft, special account will be given, if necessary, to the question of referring to the use of benzene, the risks for exposed workers and the medical examinations necessary. The Committee would recall that this Article of the Convention calls for all workers employed in work processes involving exposure to benzene and products containing benzene to undergo pre-employment medical examinations, including a blood test, to determine fitness for employment and periodic re-examinations, including biological tests and blood tests. It hopes that the Government will take the necessary measures in the near future to ensure the application of this Article and requests the Government to indicate the measures taken or envisaged to ensure that workers exposed to benzene undergo a pre-employment medical examination sufficient for determining the workers' fitness for employment and including a blood test, and periodic re-examinations, including biological tests. The Government is also requested to indicate the frequency with which the periodic re-examinations are to take place and the types of biological tests provided.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

Further to its direct request of 1985, the Committee notes the information and documents supplied by the Government with its two last reports. The Committee notes in particular that its earlier comments will be taken into account in the regulations made under the General Act on Occupational Health and Safety, 1979. It hopes that regulations concerning the use of benzene and products containing benzene will be adopted in the very near future and that they will specifically ensure the application of Articles 1(b), 2, 4, 6, 7(1) and 11 of the Convention, as noted in its previous request.

Article 9. The Committee also notes the Government's statement, in its report of 1985, that blood tests and biological tests will be taken when the physician decides it is necessary. Article 9 of the Convention provides, however, that workers who are to be employed in work processes involving exposure to benzene or products containing benzene shall undergo pre-employment and periodic medical examinations which shall include biological tests including a blood test. As the Government is presently drafting regulations concerning medical services for enterprises and medical examination, the Committee hopes that it will take the necessary measures to ensure that employees designated to work with benzene shall receive adequate pre-employment and periodic medical examinations, including blood tests and biological tests, as required by this Article of the Convention.