Solicitud directa (CEACR) - Adopción: 2000, Publicación: 89ª reunión CIT (2001)

Convenio sobre el asbesto, 1986 (núm. 162) - Bélgica (Ratificación : 1996)

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

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

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

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

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

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

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

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

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

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

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

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

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