Asbestos Convention, 1986 (No. 162) - Denmark (Ratification: 2006)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comments: C.115, C.139, C.155 and C.187,C.162 and C.167

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine the application of Conventions Nos 115 (radiation protection), 139 (occupational cancer), 155 (OSH), 162 (asbestos), 167 (OSH in construction), 187 (promotional framework for OSH) in a single comment.

Application in practice of Conventions Nos 115, 139, 155, 162, 167 and 187. In reply to the Committee’s previous request, the Government refers to the reports published by the Danish Working Environment Authority (WEA) and provides detailed information on the number of OSH inspections undertaken, the number of enterprises visited, the number of employees covered, and enforcement outputs (improvement notices, prohibitions, fines proposed, cases presented etc) for the period 2018–20. Furthermore, the Committee notes that the number of reported occupational accidents increased from 42,709 in 2019, to 46,391 in 2020 and to 63,707 in 2021, which is the highest number of reported occupational accidents in the period 2016–21. The number of fatal occupational accidents that were registered to the WEA remained stable at 36 each year 2019–21. Regarding notified occupational diseases, the Committee notes that there were 17,000 in 2019, 15,500 in 2020 and 18,300 in 2021. The Government indicates that the rise in notifications of infectious diseases in 2020 and 2021 was related to the COVID-19 pandemic. The Committee also notes the Government’s reply to its previous request on the increase in the number of reported cases of work-related cancer that, since 2007, certain cases of work-related cancer are notified automatically which resulted in increased notifications. The Committee requests the Government to provide information on the causes of the increase in the number of reported occupational accidents. The Committee also requests the Government to continue to provide information on the application in practice of ratified OSH Conventions, including the number, nature and cause of occupational accidents and diseases reported, as well as information on the inspection activities carried out, including the number of investigations and inspections carried out and the number and type of violations detected and the penalties imposed. In particular, the Committee requests the Government to provide detailed information on the number of accidents and occupational diseases reported in the construction sector.

A. General provisions

Action at the national level

• National policy

Articles 4 and 7 of Convention No. 155 and Article 3 of Convention No. 187. National OSH policy and periodic review. In reply to its previous comments, the Committee notes the information provided by the Government on the results of the 2017 mid-term evaluation and the 2019 final evaluation of the aims of the 2012–20 OSH Strategy. The evaluations showed that the number of workers who reported being psychologically overloaded increased by 17 per cent from 2012 to 2018; the number of workers who experienced musculoskeletal disorders increased by 15 per cent from 2012 to 2016; and the serious occupational accidents decreased by 18 per cent from 2011 to 2014. The Government indicates that, following the negative trends observed in two of the aims set by the Government, it tasked an Expert Committee, comprised of researchers, OSH professionals and social partners’ representatives, to identify and recommend appropriate OSH initiatives. The Committee notes with interest that this resulted in the adoption of a new OSH Strategy in April 2019 (OSH Strategy 2020). The Government indicates that, through the OSH Strategy 2020, the Government and the social partners agreed on prioritised national OSH goals until 2030, including sector-specific targets agreed through dialogue with the Sector Working Environment Committees (BFAs). The OSH Strategy 2020 foresees regular evaluations and impact measurements as well as annual status meetings to evaluate progress. In this context, the Committee also notes the adoption of the Working Environment Act No. 2062 of 16 November 2021 (the Working Environment Act) which aims to create a safe and healthy physical and mental working environment. Welcoming the Government’s indications, the Committee requests the Government to continue providing information on the measures to implement and monitor the OSH Strategy 2020, as well as the arrangements made for its periodic review in consultation with the most representative organizations of employers and workers.

• National system

Article 9 of Convention No. 155 and Article 4(2)(c) of Convention No. 187. Mechanisms for ensuring compliance. System of inspection. In reply to the Committee’s previous request, the Government indicates that the WEA continues to choose companies for basic inspections based on the level of OSH risks that they face, into account information about the industry, the size of the company, number of employees, reported occupational accidents and diseases as well as OSH related complaints. Furthermore, the WEA assesses the incoming reports and complaints and decides which to investigate further. The Committee refers in this respect to its comments adopted in 2022 concerning the Labour Inspection Convention, 1947 (No. 81) and the Labour Inspection (Agriculture) Convention, 1969 (No. 129).

Article 11(c) of Convention No. 155. Notification of occupational accidents and diseases. In reply to Committee’s previous request regarding measures taken to address the underreporting of cases of occupational diseases based on the reports of physicians and dentists, the Government indicates that, in 2021, the WEA conducted a campaign aiming to encourage general practitioners to report occupational diseases by contacting them directly. It also indicates that the obligation to report is underlined in the context of the ongoing cooperation with the Danish Society of Occupational and Environmental Medicine. The Committee requests the Government to continue to provide information on the measures taken to promote the notification of occupational diseases.

• Protection against specific risks

Radiation Protection Convention, 1960 (No. 115)

Article 12 of the Convention. Medical examinations. With reference to its previous comments, the Committee notes the Government’s indication that under sections 2 and 3 of Order No. 10 of 5 January 2018 on medical examinations at work that may result in exposure to ionizing radiation, a medical examination is required for all workers who might be at risk of receiving an effective dose of radiation greater than 6 mSv per year or an equivalent dose greater than 15 mSv per year for the lens of the eye or greater than 150 mSv per year for skin and extremities. The prescribed medical examination shall be carried out prior to taking up such work and thereafter be followed by yearly medical examinations. The Committee takes note of this information which addresses its previous request.

Occupational Cancer Convention, 1974 (No. 139)

Article 5 of the Convention. Medical examinations of workers after the period of employment. In reply to Committee’s previous request, the Government indicates that although there is no provision for the examination of the state of health of workers after the period of employment, in the field of aviation who have been exposed to carcinogenic substances, Denmark’s healthcare system ensures necessary examination and treatment of workers, even after the period of employment. The Danish Health Authority in the field of radiation takes initiatives regarding further health examinations of crew. The Committee notes that according to sections 38 and 39 of the Executive Order on measures to prevent the risk of cancer when working with substances and materials, employees exposed to such substances and materials have access to occupational medical examinations at regular intervals even after their suspension, in accordance with the rules in Executive Order No. 1165 of 16 December 1992 on occupational medical examinations under the Working Environment Act. The Committee takes note of this information which addresses its previous request.

Asbestos Convention, 1986 (No. 162)

Article 11(2) of the Convention. Derogations from the prohibition of the use of crocidolite. In its previous comments, the Committee noted that, under section 2 of Order No. 1502 on Asbestos, it was prohibited to produce, import, utilize or work with asbestos or materials containing asbestos under any form with the following exceptions: (i) the production, import and utilization of diaphragms for existing electrolysis plants under stated conditions; and (ii) buildings, facilities and technical aids containing asbestos that were lawfully marketed prior to 1 January 2005 could continue to be marketed. The Committee notes the Government’s indication that the first exception regarding diaphragms for existing electrolysis plants was lifted pursuant to Order No. 1792 of 18 December 2015, which replaced the previous Order. In this respect, the Committee notes that, under section 3 of the new Order on Asbestos (No. 1792), buildings, facilities and technical aids containing asbestos that were lawfully marketed prior to 1 January 2005 may continue to be marketed as long as: (i) the asbestos or the asbestos-containing material was legally installed; and (ii) the building, the facility, the technical aid, etc. was put into use before 1 January 2005. The Committee requests the Government to provide information on the implementation of this derogation in practice, including the steps taken to ensure that the health of workers is not placed at risk.

Article 17(3). Consultation of workers or their representatives on the work plan. In reply to Committee’s previous comments, the Government refers to section 15(a)(3) of the Working Environment Act, according to which in the context of preparing a written workplace assessment of OSH conditions, the employer must involve the working environment organization or the employees in the planning, organization, implementation and follow-up of the workplace assessment. In this respect, the Committee notes the Government’s indication that the work plan for a demolition work is an elaboration of the general workplace assessment and therefore the involvement of the workers or their representatives is included. The Committee takes note of this information which addresses its previous request.

Article 18(4) to (5). Personal protective equipment (PPE). The Committee notes the Government’s indication, in reply to its previous request concerning Article 18(4), that pursuant to sections 1(1) and (2) and 6 of the Executive Order No. 1706 of 15 December 2010 on the use of personal protective equipment, as amended, the employer is responsible for the cleaning and maintenance of PPE, including clothing, intended to protect workers against OSH risks, as well as for normal clothing which, due to the nature of the work, may be contaminated. In this respect, the Committee notes that under section 20 of the new Order on Asbestos, PPE must be checked, cleaned and placed in a specified place after use. Furthermore, the cleaning of PPE must be done separately with equipment suitable for the purpose. With respect to Article 18(5) of the Convention, the Committee notes the Government’s indication that under section 15 of the new Order on Asbestos, the employer should provide facilities for the workers exposed to asbestos to shower at the workplace. The Committee takes note of this information which addresses its previous request

Article 20(4). Workers or their representatives right to request the monitoring of the working environment and to appeal to the competent authority concerning the results of the monitoring. The Committee notes the Government’s indication that, according to Chapter 9 of the new Order on Asbestos, employee representatives have to be consulted on the planning of the measurements of asbestos’ dust exposure and be informed of the results of the measurements. However, the Committee notes an absence of information on the right to request monitoring and the right to appeal. The Committee requests the Government to provide information on the measures taken, in law or practice, to ensure that workers or their representatives have the right to request the monitoring of the working environment and to appeal to the competent authority concerning theresults of the monitoring.

Article 21(4). Means of maintaining workers’ income. In reply to Committee’s previous request, the Government indicates that diseases caused by exposure to asbestos at work are recognized as occupational diseases in Denmark under the Workers’ Compensation Act No. 1186 of 19 August 2022. In this respect, the Committee notes that, under the Act, persons suffering from occupational diseases are entitled to a series of benefits, including reimbursement of expenses for medical care, rehabilitation, aids, compensation for loss of earning capacity and compensation for permanent injury. The Committee takes note of this information which addresses its previous request.

Article 22. Information and education. In reply to Committee’s previous request, the Government indicates a series of provisions in national legislation which aim to promote the dissemination of information and the education of all workers concerned with regard to health hazards due to exposure to asbestos. With respect to Article 22(1) on information and education of all workers concerned, the Committee takes note of section 11 of the new Order on Asbestos according to which eemployees are provided with instructions on the dangers of asbestos, ways to perform work without risk, the use of personal protective equipment and the safe disposal of waste. The Committee takes also note of the Executive Order No. 2308 of 7 December 2021 on industry associations for working environment according to which industry associations provide industry specific information and guidance on OSH and can initiate and participate in company-oriented OSH activities within the industry. With respect to Article 22(2) on policies and procedures for education and training, the Committee notes the Government’s indication that, according to section 16 of the Order No. 1795/2015 on carcinogenic substances etc., as amended by Order No. 255/2019, the instructions regarding performance of work in safe manner and information about hazards of accidents and illness when working with carcinogenic substances must be supported by written material and to be repeated regularly. The Committee notes this information which addresses its previous request.

• Protection in specific branches of activity

Safety and Health in Construction Convention, 1988 (No. 167)

Article 23(b) of the Convention. Work over water. Rescue of workers from drowning. In reply to the Committee’s previous request, the Government indicates that the obligation of employers to provide for measures to ensure the rescue of workers in danger of drowning where work is done over, or in close proximity to water, is ensured through the Executive Order No. 2107 of 24 November 2021 on building and construction work (Order on building and construction work). The Committee notes with interest that the Government indicates that according to section 7 read in conjunction with Appendix 1(5), the written workplace assessment to be prepared by the employer, must, where there is a risk of drowning, cover how this will be prevented including to the rescue workers of who risk falling into the water. Furthermore, the written assessment must, where relevant, include the requirements regarding first aid and alarm systems provided for in sections 43–45 of the Order on building and construction work. The Committee takes note of this information which addresses its previous request.

Article 35(b). Appropriate inspection services. In reply to Committee’s previous request, the Government indicates that the supervision of the building and construction industry was streamlined from November 2017 and targeted with a large number of building and construction sites being visited annually throughout the country. The Government specifies that inspections also focused, inter alia, on required OSH joint safety measures, the requirements that apply to the client regarding coordination in relation to OSH as well as rules aimed at designers and client consultants. The Committee takes note of this information which addresses its previous request.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 6(3) of the Convention. Procedures for emergency situations. The Committee previously requested information on procedures for dealing with emergency situations in accordance with Article 6(3) in relation to work with asbestos on ships. In this respect, the Committee notes the Government’s indication that this is addressed by the technical regulations on occupational safety and health issued by the Danish Maritime Authority (Notice A). Regulation 3 of Chapter II, Part C of Notice A, provides that when work on board ships involves the use of carcinogenic substances or mutagens, written instructions shall be drawn up indicating what measures are to be followed in the case of abnormal conditions of operation and accidents on board. Moreover, Annex II to Chapter III (on special provisions on the use of asbestos) provides that, prior to undertaking dismantling work, as well as repair and maintenance work of ships containing asbestos, a plan must be established indicating the necessary measures to ensure the health and safety of the employees on board. Annex II describes the measures to be taken by the shipowner, or the master, if asbestos dust measurements show that the relevant limit values are being exceeded. The Committee takes note of this information.

Article 11(2). Derogations from the prohibition of the use of crocidolite. The Committee notes the Government’s indication, in response to its previous request, that it is prohibited to produce, import, utilize or work with asbestos or materials containing asbestos under any form with the following exceptions (pursuant to section 2 of Order No. 1502 on asbestos, as amended): (i) the production, import and utilization of diaphragms for existing electrolysis plants under stated conditions; and (ii) buildings, facilities and technical aids containing asbestos that were lawfully marketed prior to 1 January 2005 may continue to be marketed. The Committee requests the Government to provide information on the implementation of these derogations in practice, including the steps taken to ensure that the health of workers is not placed at risk.

Article 15(1). Limits. The Committee notes the Government’s indication in response to its previous request, that there are no permissible values for exposure to asbestos, although the Danish Working Environment Authority does not require personal protective equipment for values below 0.1 fibres/cm3.

Article 17. Demolition and removal work. Work plan. The Committee notes the Government’s indication, in response to its previous request, that a work plan must be drawn up prior to the beginning of demolition work or work involving the removal of asbestos. This work plan must specify the measures necessary to protect employees’ safety and health (pursuant to sections 23 and 25 of Order No. 1502 on asbestos, as amended, concerning work on land, and section 18 of Chapter II, Part C of Notice A concerning work at sea). The Committee requests the Government to indicate whether employers are required to consult workers or their representatives on the work plan, as provided for in Article 17(3) of the Convention.

Article 18(2) to (5). Personal protective equipment. The Committee notes the Government’s indication, in reply to its previous request concerning Article 18(2), that pursuant to section 19 of Order No. 1502 on asbestos, as amended, personal protective equipment used at work must be cleaned and placed in a designated location, and that the cleaning of personal protective equipment must be performed separately using suitable equipment. With respect to Article 18(3), Working Environment Authority Guideline C.2.2 on asbestos provides that personal protective equipment must not be worn outside the place where work with asbestos takes place and that, after its use, it must be placed in a designated location. The Committee requests the Government to provide further information on the measures taken to ensure that the employer is responsible for the cleaning, maintenance and storage of work clothing (Article 18(4)) and that the employer provides facilities for workers exposed to asbestos to wash, take a bath or shower at the workplace, as appropriate (Article 18(5)).

Article 19(2). Prevention of pollution. The Committee notes the information provided by the Government in response to its previous request, indicating that for all work where dust from asbestos is present to a significant extent shielding of the workplace is required through tents (pursuant to section 21 of Order No. 1502 on asbestos, as amended, and section 15.2 of Annex 2 to Chapter II, Part C of Notice A).

Article 20(2). Record keeping of monitoring of the working environment. In reply to the Committee’s previous request concerning the prescription of a period for record keeping of measurements of the working environment, the Committee notes the Government’s indication that Order No. 1502 on asbestos, as amended, does not specify the period of time for which measurements of airborne dust in the working environment must be kept. However, the Government states that, pursuant to the Order, information concerning the associated risk of asbestos exposure must be kept for 40 years as part of the worker’s protocol, indicating the duration of exposure to asbestos, which will include information on measurements of the working environment. The Committee takes note of this information.

Article 21(1), (3) and (4). Medical examinations and maintenance of income. The Committee notes the information provided by the Government concerning Article 21(1), that section 32 of Order No. 1502 on asbestos, as amended, provides that workers must have access to a medical screening before starting work with asbestos or asbestos-containing materials and if necessary at regular intervals thereafter, and at least once every three years. With respect to Article 21(3), the Committee notes that Working Environment Authority Guideline C.2.2 provides that the doctors undertaking this regular medical screening shall inform the examined employee of the results. With respect to Article 21(4), the Government indicates that there are general provisions ensuring workers’ compensation which also apply to workers who suffer from asbestos-related diseases, as well as the possibility of providing retraining. Recalling that under Article 21(4), every effort shall be made, consistent with national law and practice, to provide workers for which continued assignment to work involving exposure to asbestos is found to be medically inadvisable with other means of maintaining their income, the Committee requests the Government to provide further information on the compensation granted to such workers.

Article 22. Information and education. The Committee notes the information provided in reply to its previous requests that, pursuant to Order No. 1502 on asbestos, as amended, workers must be instructed concerning the hazards of asbestos at the start of employment (section 10), and that persons engaged in demolition work of structures containing asbestos must undergo specific training approved by the Working Environment Authority (section 27). With respect to work at sea, section 19.3 of Annex 2 to Chapter II, Part C of Notice A requires education and training to be offered regularly by the employer and without any cost for the employee. The Committee requests the Government to provide further information on the measures taken to promote the dissemination of information and the education of all workers concerned with regard to health hazards due to exposure to asbestos, pursuant to Article 22(1) of the Convention. It also requests the Government to provide information on the measures taken to ensure that employers have established written policies and procedures on measures for the education and periodic training of workers on asbestos hazards and methods of prevention and control, pursuant to Article 22(2).

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

The Committee notes that the Governments latest report was received 25 January 2011, that is after the conclusion of 2010 session of the CEACR but before the transmission of the comments by the CEACR adopted during the 2010 session. The Committee notes the recent information provided regarding legislative changes adopted after the previous report submitted by the Government and the complementary information regarding effect given to Article 3 of the Convention and the use made of the derogations permitted under Articles 11 and 12 as well as complementary information on application in practice of the Convention. Against this background the Committee must repeat the comments made in 2010 asking the Government to respond thereto in the context of its submission of the next report due.

Repetition

The Committee notes the reference made in the Government’s first report to section 3 of Regulation No. 1502 of 21 December 2004, regarding asbestos (Asbestos Regulations) (as amended up to 19 April 2009), and Annex 2 to Notice A from the Danish Maritime Authority (DMA), according to which the production, importation, use of or work with asbestos, or materials containing asbestos, under any form whatsoever is banned both on land and on ships. The Committee notes, however, that both as regards work on land and on ships relevant legislation contains certain derogations from this ban. Recalling that Article 1 of the Convention states that this Convention applies to all activities involving exposure of workers to asbestos in the course of work, the Committee reminds the Government that it is required to report on the application of each Article of the Convention where workers may be exposed to asbestos in the course of their work.

Articles 16, 17(1), 19(1), 21(5) and 22(3) of the Convention. Application of the Convention concerning work with asbestos on land. The Committee notes that the Convention is implemented through different sets of legislation depending on whether the work with asbestos occurs on land or on ships, and that the report is silent on the application of several Articles regarding work with asbestos on land. In addition to the questions raised below, the Government is requested to provide additional information on the application of the following Articles concerning work with asbestos on land: Article 16, Specific measures for work on land; Article 17(1), Demolition work; Article 19(1), Disposal of waste; Article 21(5), Notification of occupational diseases; and Article 22(3). Provision of information and training.

In addition to the foregoing, the Government is requested to provide further information on the application of the following Articles of the Convention:

Article 6(3). Preparation of procedures for dealing with emergency situations. The Committee notes that Regulation No. 559 of 17 June 2004, on the Performance of Work ensures the application of this provision as regards emergency situations on land, but that the report is silent regarding the application of this provision in relation to emergency situations in relation to work with asbestos on ships. The Committee requests the Government to provide further information on measures taken, in law and in practice, to give effect to the provisions concerning procedures for dealing with emergency situations in accordance with Article 6(3), in relation to work with asbestos on ships.

Article 11(2). Derogations to the prohibition against the use of crocidolite and products containing this fibre. The Committee notes the derogations provided for in paragraph 1 to the Asbestos Regulations. The Committee requests the Government to provide further information on the application of these derogations in practice and the full application of Article 11(2) in this context.

Article 15(1). Limits for exposure to asbestos. The Committee notes that in its response the Government refers to relevant provisions regarding both work on land and on ships, which regulate the manner in which such work should be carried out to ensure “to the broadest extent possible” that persons at the workplace and surroundings are not exposed to dust from asbestos, or materials containing asbestos, and that exposure to asbestos must be reduced “as much as is reasonable in consideration of the technical development and set permissible values must be observed”. The Government has not, however, indicated the values that are permissible. The Committee requests the Government to provide further information on measures taken, in law and in practice, to give effect to the requirement to prescribe limits of exposure to asbestos in accordance with Article 15(1), both in relation to work on land and on ships.

Article 17(2) and (3). Workplans. The Committee notes that Annex 2 to Notice A indicates that a workplan shall be drawn up and submitted to the DMA before dismantling work is initiated. The Committee requests the Government to provide further information on measures taken, in law and in practice, to give effect to the requirements related to the content of the referenced workplans and the consultations to be held with workers or their representatives in accordance with Article 17(2) and (3), both in relation to work on land and on ships.

Article 18(2)–(5). Personal protective equipment. The Committee notes that both the Asbestos Regulations and the Annex 2 to Notice A require workers to use personal protective equipment where there is a risk of exposure to asbestos. The Committee notes, however, that the Government has not provided information on the effect given to the other requirements referred to under this Article of the Convention. The Committee requests the Government to provide further information on measures taken, in law and in practice, to give effect to all requirements related to personal protective equipment in accordance with Article 18(2)–(5), both in relation to work on land and on ships.

Article 19(2). Prevention of pollution of the general environment. Although the Government’s report is silent in this respect, the Committee notes that section 7 of the Asbestos Regulations provides that work must be organized and executed in such a way that it is ensured to the broadest extent possible, that persons at the workplace “and in the surroundings” are not exposed, and that Annex 2 to Notice A provides that work shall be organized and performed in a manner in which persons at the workplace and nearby are not exposed to asbestos and that the scope of these regulations appear to include the general environment. The Committee requests the Government to provide further information on measures taken, in law and in practice, both in relation to work on land and on ships, to give effect to the requirement to prevent pollution of the general environment by asbestos dust released from workplaces on land and on ships in accordance with Article 19(2).

Article 20(2). Record keeping of monitoring of the working environment. With reference to the Asbestos Regulations and Notice A, the Committee notes that the prevalence of asbestos must be regularly measured at workplaces on land as well as on ships, and that recorded information of exposure of workers to asbestos must be kept for at least 40 years. The Committee notes the absence of information regarding the required record keeping of measurements resulting from monitoring of the working environment. The Committee requests the Government to provide further information on measures taken, in law and in practice, to give effect to the requirement to prescribe a period for record keeping of measurements of the working environment according to Article 20(2), both in relation to work on land and on ships.

Article 21(1) and (3)–(4). Medical examinations and maintenance of income. The Asbestos Regulations provide that workers shall be subject to a health examination before they start work with asbestos or with materials containing asbestos and if necessary at regular intervals subsequently and at least once every third year, while no information is provided regarding post-employment monitoring of the health of workers who have been exposed to asbestos. The Committee also notes that the Government’s report is silent as regards the requirements concerning the right for workers to be informed in an adequate and appropriate manner of the results of their medical examinations, and to provide workers with other means of maintaining their income, when continued assignment to work involving exposure to asbestos is found to be medically inadvisable. The Committee requests the Government to provide additional information with respect to measures taken, in law and in practice, to give effect to Article 21(1) and (3)–(4), both in relation to work on land and on ships.

Article 22(1) and (2). Information and education. The Committee notes that the Government’s report is silent on the application of these provisions of the Convention. The Committee requests the Government to provide additional information with respect to the application of Article 22(1) and (2), both in relation to work on land and on ships.

Part V of the report form. Application in practice. The Committee notes with interest the detailed information provided regarding awareness-raising campaigns and enforcement activities, and the results of these efforts, including in relation to the handling of asbestos waste, work in shipyards, the investigation regarding the prevalence of asbestos in elevator shafts, the monitoring of the prevalence of asbestos in the building and construction industry, as well as the focus on asbestos in the context of the screening of safety and health conditions of all Danish enterprises under the “Smiley Scheme”. The Committee requests the Government to continue to provide such information including any statistical data resulting from these efforts.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the reference made in the Government’s first report to section 3 of Regulation No. 1502 of 21 December 2004, regarding asbestos (Asbestos Regulations) (as amended up to 19 April 2009), and Annex 2 to Notice A from the Danish Maritime Authority (DMA), according to which the production, importation, use of or work with asbestos, or materials containing asbestos, under any form whatsoever is banned both on land and on ships. The Committee notes, however, that both as regards work on land and on ships relevant legislation contains certain derogations from this ban. Recalling that Article 1 of the Convention states that this Convention applies to all activities involving exposure of workers to asbestos in the course of work, the Committee reminds the Government that it is required to report on the application of each Article of the Convention where workers may be exposed to asbestos in the course of their work.

Articles 16, 17(1), 19(1), 21(5) and 22(3) of the Convention. Application of the Convention concerning work with asbestos on land. The Committee notes that the Convention is implemented through different sets of legislation depending on whether the work with asbestos occurs on land or on ships, and that the report is silent on the application of several Articles regarding work with asbestos on land. In addition to the questions raised below, the Government is requested to provide additional information on the application of the following Articles concerning work with asbestos on land: Article 16, Specific measures for work on land; Article 17(1), Demolition work; Article 19(1), Disposal of waste; Article 21(5), Notification of occupational diseases; and Article 22(3). Provision of information and training.

In addition to the foregoing, the Government is requested to provide further information on the application of the following Articles of the Convention:

Article 6(3). Preparation of procedures for dealing with emergency situations. The Committee notes that Regulation No. 559 of 17 June 2004, on the Performance of Work ensures the application of this provision as regards emergency situations on land, but that the report is silent regarding the application of this provision in relation to emergency situations in relation to work with asbestos on ships. The Committee requests the Government to provide further information on measures taken, in law and in practice, to give effect to the provisions concerning procedures for dealing with emergency situations in accordance with Article 6(3), in relation to work with asbestos on ships.

Article 11(2). Derogations to the prohibition against the use of crocidolite and products containing this fibre. The Committee notes the derogations provided for in paragraph 1 to the Asbestos Regulations. The Committee requests the Government to provide further information on the application of these derogations in practice and the full application of Article 11(2) in this context.

Article 15(1). Limits for exposure to asbestos. The Committee notes that in its response the Government refers to relevant provisions regarding both work on land and on ships, which regulate the manner in which such work should be carried out to ensure “to the broadest extent possible” that persons at the workplace and surroundings are not exposed to dust from asbestos, or materials containing asbestos, and that exposure to asbestos must be reduced “as much as is reasonable in consideration of the technical development and set permissible values must be observed”. The Government has not, however, indicated the values that are permissible. The Committee requests the Government to provide further information on measures taken, in law and in practice, to give effect to the requirement to prescribe limits of exposure to asbestos in accordance with Article 15(1), both in relation to work on land and on ships.

Article 17(2) and (3). Workplans. The Committee notes that Annex 2 to Notice A indicates that a workplan shall be drawn up and submitted to the DMA before dismantling work is initiated. The Committee requests the Government to provide further information on measures taken, in law and in practice, to give effect to the requirements related to the content of the referenced workplans and the consultations to be held with workers or their representatives in accordance with Article 17(2) and (3), both in relation to work on land and on ships.

Article 18(2)–(5). Personal protective equipment. The Committee notes that both the Asbestos Regulations and the Annex 2 to Notice A require workers to use personal protective equipment where there is a risk of exposure to asbestos. The Committee notes, however, that the Government has not provided information on the effect given to the other requirements referred to under this Article of the Convention. The Committee requests the Government to provide further information on measures taken, in law and in practice, to give effect to all requirements related to personal protective equipment in accordance with Article 18(2)–(5), both in relation to work on land and on ships.

Article 19(2). Prevention of pollution of the general environment. Although the Government’s report is silent in this respect, the Committee notes that section 7 of the Asbestos Regulations provides that work must be organized and executed in such a way that it is ensured to the broadest extent possible, that persons at the workplace “and in the surroundings” are not exposed, and that Annex 2 to Notice A provides that work shall be organized and performed in a manner in which persons at the workplace and nearby are not exposed to asbestos and that the scope of these regulations appear to include the general environment. The Committee requests the Government to provide further information on measures taken, in law and in practice, both in relation to work on land and on ships, to give effect to the requirement to prevent pollution of the general environment by asbestos dust released from workplaces on land and on ships in accordance with Article 19(2).

Article 20(2). Record keeping of monitoring of the working environment. With reference to the Asbestos Regulations and Notice A, the Committee notes that the prevalence of asbestos must be regularly measured at workplaces on land as well as on ships, and that recorded information of exposure of workers to asbestos must be kept for at least 40 years. The Committee notes the absence of information regarding the required record keeping of measurements resulting from monitoring of the working environment. The Committee requests the Government to provide further information on measures taken, in law and in practice, to give effect to the requirement to prescribe a period for record keeping of measurements of the working environment according to Article 20(2), both in relation to work on land and on ships.

Article 21(1) and (3)–(4). Medical examinations and maintenance of income. The Asbestos Regulations provide that workers shall be subject to a health examination before they start work with asbestos or with materials containing asbestos and if necessary at regular intervals subsequently and at least once every third year, while no information is provided regarding post-employment monitoring of the health of workers who have been exposed to asbestos. The Committee also notes that the Government’s report is silent as regards the requirements concerning the right for workers to be informed in an adequate and appropriate manner of the results of their medical examinations, and to provide workers with other means of maintaining their income, when continued assignment to work involving exposure to asbestos is found to be medically inadvisable. The Committee requests the Government to provide additional information with respect to measures taken, in law and in practice, to give effect to Article 21(1) and (3)–(4), both in relation to work on land and on ships.

Article 22(1) and (2). Information and education. The Committee notes that the Government’s report is silent on the application of these provisions of the Convention. The Committee requests the Government to provide additional information with respect to the application of Article 22(1) and (2), both in relation to work on land and on ships.

Part V of the report form. Application in practice. The Committee notes with interest the detailed information provided regarding awareness-raising campaigns and enforcement activities, and the results of these efforts, including in relation to the handling of asbestos waste, work in shipyards, the investigation regarding the prevalence of asbestos in elevator shafts, the monitoring of the prevalence of asbestos in the building and construction industry, as well as the focus on asbestos in the context of the screening of safety and health conditions of all Danish enterprises under the “Smiley Scheme”. The Committee requests the Government to continue to provide such information including any statistical data resulting from these efforts.