Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

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

Article 3(1) of the Convention. National laws or regulations prescribing the measures to be taken for the prevention and control of health hazards due to occupational exposure to asbestos. The Committee previously noted the nationwide ban on the sale, use, exportation and importation of asbestos in all its forms. The Committee notes the Government’s response, in relation to the Committee’s request, that the jurisdictions of Western Australia and Victoria have not yet harmonized their legislation with the Model Work Health and Safety (WHS) legislation, including their asbestos legislation. The Committee requests the Government to continue to provide information on any legislative developments concerning the legislation in Western Australia and Victoria concerning asbestos.

Article 3(3) and (4). Permitted derogations from preventive and protective measures. The Committee previously noted the observations made by the Australian Council of Trade Unions (ACTU) according to which section 466 of the WHS Regulation 2011 (Queensland) provided that licensed asbestos removalists were no longer required to notify the regulator five days prior to removal work when “the work is necessary due to flooding or severe weather conditions”. In reply to the Committee’s request, the Government indicates that the National Exemptions Framework to ensure consistency between jurisdictions in granting exemptions under model WHS laws as developed by Safe Work Australia continues to be applicable. The Committee notes from the information on the website of the Queensland Workplace Health and Safety that the possibility in the WHS Regulation (Queensland) to make an exemption from compliance with section 466 was again used in Queensland in case of removal work necessary due to flooding or severe weather conditions and will apply from 2018 to 2023. The Committee once again requests the Government to provide information on the manner in which it ensures that the necessary precautions are taken to protect the workers’ health in the limited situations where the regulator does not receive prior notice to the undertaking of removal work.

Article 4. Consultations with the most representative organizations of employers and workers concerned regarding the measures to be taken to give effect to the provisions of the Convention. The Committee welcomes the detailed information provided by the Government concerning the National Strategic Plan for Asbestos Management and Awareness 2014–18, and the work of the tripartite Asbestos Safety and Eradication Council, entrusted to engage with jurisdictions and stakeholders to create a nationally consistent approach to the eradication, handling and awareness of asbestos. The Committee requests the Government to provide information on the results achieved following the implementation of the National Strategic Plan as regards the protection of workers from risks relating to asbestos.

Article 6(3). Preparation of procedures for dealing with emergency situations. The Committee notes the Government’s response in reply to the Committee’s previous request concerning the preparation of emergency procedures, as regards the Australian Capital Territory and the maritime sector, indicating that the provisions of the Model WHS Act relating to emergency procedures have been adopted in the Territory and are proposed to be adopted in legislation applicable to the maritime sector. The Committee notes that the Government has not provided a reply in response to the Committee’s request concerning the application of this Article of the Convention in Western Australia. The Committee requests the Government to provide information on any legislative developments regarding the adoption of provisions on emergency procedures in the maritime sector. Noting that the jurisdiction of Western Australia has not yet harmonized its legislation with the Model WHS legislation, the Committee once again requests the Government to provide information on the preparation of emergency procedures involving exposure to asbestos in that jurisdiction.

Article 15(2) and (3). Periodical review of the exposure limits or other exposure criteria and measures taken to prevent and control the release of asbestos in the air and to reduce the exposure level to as low a level as is reasonably practicable. In its previous comment, the Committee requested the Government to provide additional information on the manner in which it is ensured that workers, especially in the maritime industry, are aware of the limit value of the asbestos exposure standards and how it is enforced. In this regard, the Committee notes the Government’s information on the guidance provided to employers and workers in the maritime sector, such as through the Code of Safe Working Practice for Australian Seafarers, including on the requirements to provide information to workers on exposure limits. The Committee also notes that the Australian Maritime Safety Authority (AMSA) is the authority entrusted with enforcing the requirements on safety and health, including those on asbestos. The Committee also notes the information on the review of the exposure limits of asbestos under the WHS Regulations that is then incorporated into a number of Model Codes of Practice and guidance.