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

Asbestos Convention, 1986 (No. 162) - Morocco (Ratification: 2011)

Articles 3 and 15 of the Convention. Legislation. Exposure limits. The Committee notes with interest the detailed legislative information provided by the Government, and in particular Decree No. 2-98-975 of 23 January 2001, which gives effect to several Articles of the Convention, and Order No. 3352-10 of 26 October 2010 determining the average exposure limits of workers in the working environment to chrysotile asbestos at 0.6 fibres per cm3 of air for eight hours of work. The Committee requests the Government to provide information on the manner in which the Government ensures that this limit is respected in practice.

Article 4. Consultations with the representative organizations of employers and workers. The Committee notes that, according to the Government, no consultations have been held 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 since its ratification in 2011. The Committee requests the Government to take the necessary measures to hold consultations on the measures to be taken to give effect to the provisions of the Convention and to supply information in this respect. Please also provide information on the most representative organizations of employers and workers consulted and the outcome of the consultations.

Article 6(2) and (3). Requirement for employers to cooperate whenever two or more employers undertake activities simultaneously at one workplace and the preparation of procedures for dealing with emergency situations. The Committee notes that the Government has not provided any information on the application of paragraphs 2 and 3 of Article 6. The Committee requests the Government to describe the collaboration procedures whenever two or more employers undertake activities simultaneously at one workplace (Article 6(2)). It also requests information on the provisions setting out the requirement for employers to prepare procedures for dealing with emergency situations (Article 6(3)).

Article 8. Cooperation between employers and workers or their representatives. The Committee notes the Government’s indication that there are health and safety committees in enterprises allowing for cooperation between employers and workers. These committees are responsible for: detecting the occupational risks which employees in the enterprise are exposed to; ensuring the application of laws and regulations on health and safety; monitoring the proper maintenance and use of equipment to protect workers against occupational hazards; and promoting all initiatives relating to work methods and processes, the choice of the materials, equipment and tools that are necessary and adapted to the work. These committees are composed of the employer or his or her representative, two delegates of employees (elected by other delegates of employees), and one or two representatives of unions in the enterprise, where appropriate. The Committee requests the Government to specify the legislative provisions establishing these committees, and to indicate whether they are binding. It further invites the Government to provide additional information on their operation in practice.

Article 14. Responsibility of producers and suppliers of asbestos, and manufacturers and suppliers of products containing asbestos. The Committee notes that, according to the Government’s report, section 288 of the Labour Code that states that the employer is required to ensure that when the products used consist of hazardous substances or preparations, their packaging carries a warning of the danger involved in the use of such substances or preparations. The Committee notes, however, that this section does not indicate where the responsibility lies for labelling. The Committee requests the Government to indicate whether measures exist requiring producers and suppliers of asbestos, and manufacturers and suppliers of products containing asbestos, to ensure their labelling.

Article 19. Requirement for employers to dispose of waste containing asbestos in a manner that does not pose a health risk to the workers concerned, or to the population. The Committee notes that, under the terms of section 8 of Decree No. 2-98-975, the disposal by establishments of waste containing asbestos shall be carried out without risk to the health of the workers exposed. It also notes that the Government has not supplied any information concerning the prevention of pollution of the general environment by asbestos dust released from workplaces. The Committee requests the Government to take additional measures to give full effect to the provisions of Article 19 of the Convention, in particular concerning the protection of the population in the vicinity of the enterprise and the prevention of pollution of the environment.

Article 21(4). Requirement to provide the workers concerned with other means of maintaining income when exposure to asbestos is found to be medically inadvisable. The Committee notes that, under section 4 of Decree No. 2-59-0219 of 2 February 1960, employers are prohibited from employing or continuing to employ workers in premises or worksites for which they have become unfit. It is also prohibited for workers in receipt of a change of employment allowance or an annuity for permanent incapacity due to occupational silicosis or asbestosis to be assigned to work involving a risk of exposure to occupational silicosis. The Committee requests the Government to provide details on the manner in which workers, declared unfit to carry out work involving exposure to asbestos for medical reasons, are provided with means of maintaining their income.

Article 10(a). Replacement of asbestos. Article 13. Notification by employers to the competent authority of types of work involving exposure to asbestos. Article 17. Demolition work. Article 20(4). Right of workers or their representatives to request the monitoring of the working environment and to appeal to the competent authority concerning the results of the monitoring. Article 21(3). Requirement to inform workers of the results of their medical examinations. Article 22(2). Policy and procedures on education and training measures. The Committee notes that, according to the report, it appears that no measures have been taken for the effective application of these provisions of the Convention. The Committee invites the Government to take measures to give full effect to these provisions and to supply any relevant information on this subject.

Part V of the report form. Application in practice. The Committee notes that, according to the information provided by the Government, there were six cases of occupational diseases due to asbestos in the region of Casablanca notified in 2012. Please continue to supply information on the manner in which the Convention is applied in practice, with an indication of the sectors in which such diseases have been notified.