Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Asbestos Convention, 1986 (No. 162) - Colombia (Ratification: 2001)

The Committee notes the observations of the Confederation of Workers of Colombia (CTC) of 29 August and 4 September 2015 and the observations of the National Employers Association of Colombia (ANDI) received on 1 September 2015.

The Committee notes the information provided by the Government on the effect given to Article 9(a) and (b) of the Convention (adequate work practices, special rules and procedures) and Article 15(2) (fixing, review and periodical updating of exposure limits). The Committee requests the Government to continue to provide information on any developments in law and in practice on these matters.

Article 10 (replacement of asbestos by other materials or prohibition of the use of asbestos), in conjunction with Article 3(2) (periodic review of national laws and regulations in the light of technical progress and advances in scientific knowledge) and Article 4 (consultation of the most representative organizations of employers and workers concerned). The Committee notes that the CTC indicates that the Government has not taken any measures for the replacement of asbestos and calls for its use to be prohibited. The ANDI considers that the fibres proposed to replace chrysotile asbestos need to be viewed with similar caution in relation to occupational safety and health. The Committee also notes the Government’s indication that the Asbestos Commission is planning, with the participation of workers’ and employers’ organizations, to begin examining the issue of the replacement of asbestos, and that priority has to be given to ensuring the inoffensive or less harmful nature of products that may be proposed as replacements. The Committee requests the Government to provide information on the outcome of the examination of the possibility of the replacement/prohibition of asbestos, as set out in Article 10 of the Convention, in consultation with the most representative organizations of employers and workers concerned, as required by Article 4 of the Convention.

Article 13. Notification of the competent authority by employers of certain types of work involving exposure to asbestos. With reference to its previous comments, the Committee notes that, based on the report of occupational risks administrators, the following economic activities have been identified as involving exposure to asbestos: (1) enterprises engaged in the manufacture of products containing asbestos and thermal insulation work involving asbestos; and (2) enterprises engaged in the manufacture of glass wool products for thermal insulation, slag, rock and mineral wools, and asbestos thread and fabrics. The Committee requests the Government to provide information on the measures adopted to ensure that, in accordance with Article 13 of the Convention, national laws and regulations provide that employers shall notify such types of work to the competent authority.

Article 20(1). Measurement of the concentrations of airborne asbestos dust in workplaces. The Committee notes that, according to the ANDI, both Decision No. 2400 and Decision No. 007 of 2011 establish the requirement for environmental measurements at specified periods. The Committee also notes the Government’s indication that section 2.2.4.6.15 of Decree No. 1072 of 2015 provides that environmental measurements shall be carried out when so required, and it notes that this provision does not specify the intervals, as required by Article 20(1) of the Convention. The Committee recalls that, in accordance with Article 20(1) of the Convention, the competent authority shall specify the intervals and methods to be applied by the employer for the measurement of concentrations of airborne asbestos dust in workplaces. The Committee requests the Government to provide information on the intervals and methods that have been determined for the measurement by the employer of the concentrations of airborne asbestos dust in workplaces.

Article 20(3). Access to the records of the monitoring of the working environment and of exposure of workers to asbestos by workers, their representatives and labour inspection. The Committee notes the Government’s indication that workers have the right to consult their health records. The Committee reminds the Government that this Article refers to the right of workers to have access to records of the monitoring of the concentrations of airborne asbestos dust in workplaces and the exposure of workers to asbestos. The Committee once again requests the Government to provide information on the measures adopted or envisaged to ensure that the workers concerned, their representatives and the inspection services have access to these records.

Technical assistance. The Committee notes the Government’s indication that it continues to be fully interested in receiving ILO technical assistance.