Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Asbestos Convention, 1986 (No. 162) - Canada (Ratification: 1988)

Further to its observation, the Committee requests the Government to provide information on the following points.

Article 14 of the Convention. Adequate labelling of containers and products. The Committee notes the information provided by the Government that suppliers of hazardous products intended for use in the workplace must label containers and transmit a safety data sheet, in accordance with the requirements of the Workplace Hazardous Materials Information System (WHMIS) of the Hazardous Products Act (HPA) and Controlled Products Regulations made under the HPA, as a condition for sale and importation; and that labelling requirements also exist in the Asbestos Products Regulations (APR) made under the Canada Consumer Product Safety Act (CCPSA). In addition, the Government reports that, in New Brunswick, a code of practice for Working with Materials Containing Asbestos mandates the employers to identify “where practicable” the asbestos containing material by the use of “color coding, label placards or any other mode of identification,” and, in Quebec, the information system on hazardous substances used in the workplace (SIMDUT) requires the French language to be used on labels. As regards the transport of dangerous goods such as asbestos, the Committee notes the information that Canada follows the International Maritime Dangerous Goods (IMDG) Code for transportation of dangerous goods and that it meets all international requirements for the transportation of asbestos. The Committee notes that the information provided appears to only refer to domestic labelling requirements and practices and the transportation of dangerous goods. With reference to its previous comment, the Committee would again like to note that according to Article 14, the Government is required to ensure that producers and suppliers of asbestos and manufacturers and suppliers of products containing asbestos, are made responsible for adequate labelling of the container and, where appropriate, the products, containing asbestos in “a language and manner easily understood by the workers and the users concerned” and that it follows from the preparatory work that this expression was intended also to include the languages of the countries where the products were sold. The Committee reiterates its request to the Government to provide further information on measures taken, in law and in practice, to ensure full and effective application of Article 14.

Article 17(2). Protection of workers and limiting the release of asbestos dust in the context of demolition work. The Committee notes the information provided by the Government is limited to a reference to an enforcement initiative carried out in Ontario to ensure compliance with the Occupational Health and Safety Act. The Committee requests the Government to continue to provide information on any further measures taken to ensure the application of this provision of the Convention.

Part V of the report form. Application of the Convention in practice. The Committee notes that according to the statistical information provided by the Government based on data from the Association of Workers’ Compensation Boards of Canada (AWCBC), there has been a significant increase both in the number of cases of asbestosis and of mesothelioma. Based on the statistical data submitted for 2009 and 2010, the total number of injuries increased from 150 to 407, of which the number of cases of asbestosis increased from 59 to 71 and the number of cases of mesothelioma increased from 59 to 209. The Committee asks the Government to provide further information on measures taken to examine the causes for this significant increase in the number of cases of asbestosis and mesothelioma, and to continue to provide information on the manner in which the Convention is applied in practice, together with references to relevant inspection reports, including information on the number and nature of the contraventions reported and the number of occupational diseases reported as being caused by asbestos.