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

Asbestos Convention, 1986 (No. 162) - Uganda (Ratification: 1990)

Legislation. The Committee notes with interest that a Regulation on Hazardous Substances, dealing, inter alia, with asbestos handling and disposals, has been drafted by the Government of Uganda, through the Ministry of Gender, Labour and Social Development (Department of Occupational Safety and Health), and that tripartite consultation on this text is to be conducted with the social partners. The Committee, taking into consideration the need for technical support expressed in the Government’s report, wishes to remind the Government that the Office is available to provide comments on any draft legislation submitted to it, in order assist it in implementing the provisions of the Convention. The Committee requests the Government to keep the Office informed of the all legislative development including the adoption of the draft regulation, and to submit copies thereof to the Office. The Committee requests the Government to keep the Office informed about any need for technical support it may have and wishes to emphasize that the Government remains under the obligation to ensure the application of the Convention during the drafting process.

Article 6(2) of the Convention. Requirement for employers to cooperate in applying prescribed measures. The Government indicates that there are no procedures ensuring the collaboration of employers where two or more of them undertake activities simultaneously at one workplace. The Committee requests the Government to take all appropriate measures to ensure an effective application of this provision and to provide detailed information on such measures.

Article 15(1). Definition of the limits for the exposure of workers to asbestos. The Committee notes the information that, limits for the exposure of workers to asbestos have been adopted by the competent authority. In this regard the Committee recalls that, under this Article of the Convention, the competent authority shall not only prescribe limits for the exposure of workers to asbestos, but also periodically review these limits and update them. In addition, the Committee wishes to remind the Government that according to the American Conference of Governmental Industrial Hygienists (ACGIH) the generally internationally accepted limits of exposure to asbestos are fixed in 0.1 fibres per cubic centimetre (f/cc) of air, averaged over an eight-hour work shift. The Committee, therefore, requests the Government to supply information on the exposure limits for asbestos laid down by the competent authority and on the measures taken to ensure that the adopted exposure limits are periodically reviewed.

Article 17. Protection of workers and limiting the release of asbestos dust in the context of demolition work. The Committee notes that the Government in its response stated that there are cases in practice where contractors undertake demolition work without the competence required by the Authority and with no notification before the beginning of the work and that, as a consequence, the work plan, specifying the measures to be taken by the employer to provide protection to workers, limit the release of asbestos dust into the air and the disposal of waste containing asbestos, has not been drawn up. The Committee concludes that there are regulations conditioning and regulating demolition work involving materials containing asbestos fibres. The Committee requests the Government to provide detailed information on current regulations giving effect to Article 17 as well as information on measures taken to ensure these rules are duly enforced.

Part V of the report form. Application in practice. The Committee notes the information provided by the Government, which indicates that, even though there is still a lot to be done in order to ensure that the Convention becomes part of the national law and practices, the Ministry of Gender, Labour and Social Development has started a process of disposing of all asbestos on the ministry properties and institutions and an asbestos disposal committee has been created with this purpose. With regards to the statistics on the asbestos handling and disposal measures within the country, the Government reports that this is a priority for the Department of Occupational Safety and Health plan. The Committee requests the Government to provide further information on measures taken to record relevant information on the application in practice of the Convention.

[The Government is asked to report in detail in 2013.]