Solicitud directa (CEACR) - Adopción: 2015, Publicación: 105ª reunión CIT (2016)

Convenio sobre el asbesto, 1986 (núm. 162) - Federación de Rusia (Ratificación : 2000)

The Committee notes the information provided by the Government in its report in reply to its previous comment regarding the effect given to Article 11 of the Convention on the prohibition of the use of crocidolite.

Articles 3 and 4. Adoption and periodic review of laws and regulations on asbestos. Consultations with the most representative organizations of workers and employers. The Committee notes the Government’s indication that effect is given to the provisions of the Convention by the following laws and regulations: the Labour Code; Federal Act No. 52-FZ of 1999 on Health and Disease Control; Federal Act No. 7-FZ of 2002 on Environmental Protection; Federal Act No. 323 FZ of 2011 on the Protection of the Health of Citizens in the Russian Federation; Regulation POT RM-010-2000 on Occupational safety in work involving exposure to asbestos; Health Regulation SanPiN 2.2.3.2887-11 on the manufacture and use of chrysotile and material containing chrysotile; Technical Regulation GOST 12871-93 on chrysotile asbestos; Standard Procedure TI-001-055-2002 on occupational safety of workers employed in asbestos mining activities; and Standard Procedure TI-056-138-2002 on occupational safety of workers employed in asbestos processing activities. It also notes that these texts were adopted after consultation with the Tripartite Regulatory Commission on Social and Labour Relations. Furthermore, the Committee notes the adoption of Government Decree No. 79-r of 2013 on the State Policy to eliminate diseases connected to exposure to asbestos dust. The Committee requests the Government to indicate the specific provisions of the abovementioned texts which give effect to the provisions of the Convention and to provide information on their content. It also requests the Government to describe the measures taken in the framework of the State Policy to eliminate diseases connected to exposure to asbestos dust and their impact. Furthermore, the Committee requests the Government to give particulars of the outcome of the consultations held with the Tripartite Regulatory Commission on Social and Labour Relations and of the manner in which technical progress and advances in scientific knowledge are taken into consideration in the periodic review of these laws and regulations.

Article 5. Labour inspection. The Committee notes the general information provided by the Government in relation to its labour inspection system. The Committee also refers the Government to its comments adopted in 2013 concerning the application of the Labour Inspection Convention, 1947 (No. 81). Furthermore, in order for the Committee to gain an appreciation of the effectiveness of the system of inspection in relation to the obligations in this Convention, the Committee requests the Governing to provide specific information, including statistics and, where relevant, copies of inspection reports relating to asbestos in workplaces.

Article 6(2). Cooperation between two or more employers at one workplace. Further to its previous comment in which it noted that the cooperation between employers undertaking activities simultaneously at one workplace is not regulated in law, the Committee takes note of the Government’s indication that employers have all the same responsibility for compliance with safety and health measures. The Committee wishes to emphasize again that the cooperation envisaged in Article 6(2) of the Convention is a key component in maintaining an adequate level of safety and health at worksites and that such cooperation must be enshrined in law and governed by procedures where necessary. With reference also to its comment under Article 17 of the Occupational Safety and Health Convention, 1981 (No. 155), the Committee requests once again the Government to take the necessary steps to ensure, in law and in practice, that employers undertaking activities simultaneously at one workplace have a duty to cooperate, without prejudice to the responsibility of each employer for the health and safety of the workers he employs, and to prescribe general procedures for this cooperation when it is necessary, as required by Article 6(2) of the Convention.

Article 9. Laws or regulations providing measures to prevent or control exposure to asbestos. In reply to the Committee’s previous comment, the Government indicates that Regulation POT RM-010-2000 on Occupational safety in work involving exposure to asbestos and Health Regulation SanPiN 2.2.3.2887 11 on the manufacture and use of chrysotile and material containing chrysotile prescribe the application of appropriate protective measures and work methods and processes, including workplace hygiene. The Committee requests the Government to provide detailed information on any engineering controls and work practices prescribed in Regulation POT RM-010-2000 and Health Regulation SanPiN 2.2.3.2887-11 as well as on any rules and procedures, including authorization procedures, established for the use of asbestos or of certain types of asbestos or products containing asbestos or for certain work processes as required by this Article of the Convention. It also requests the Government to supply a copy of the relevant provisions of the abovementioned texts.

Article 10. Replacement of asbestos and total or partial prohibition of the use of asbestos. In the absence of specific information in response to its previous comment, the Committee requests the Government to provide information on any laws or regulations prescribing measures to:

• – replace asbestos or certain types of asbestos or products containing asbestos by other materials or the use of alternative technology which are deemed harmless or less harmful to the health of workers (Article 10(a)); and
• – totally or partially prohibit the use of asbestos or of certain types of asbestos or products containing asbestos in certain work processes (Article 10(b)).

Article 12. Prohibition of the spraying of all forms of asbestos. The Committee notes that the information provided by the Government in reply to its previous comment does not address the specific issue regulated in this provision. Therefore, the Committee requests the Government to indicate how it ensures, in law and in practice, that the spraying of all forms of asbestos is prohibited.

Application in practice. The Committee notes the information provided by the Government regarding inspection visits carried out and the number of violations of the safety and health legislation identified in enterprises using asbestos, for the period 2010–13. It also notes the annexes to the Government’s report which contain information on the number of workers exposed to chrysotile, broken down by enterprise, for the period 2000–08, and the number of occupational diseases reported by enterprises, broken down by cause, for the period 2000–13. The Committee requests the Government to continue to provide information on the manner in which the Convention is applied in practice, including statistical data on the number of workers covered by the relevant laws and regulations, activities of labour inspection services (number of visits, violations identified and sanctions imposed), the number and nature of work-related accidents or cases of occupational disease caused by asbestos, and the measures, taken or envisaged, to address the causes of such accidents and diseases.