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C162 Asbestos Convention, 1986 C161 Convention

Convention on asbestos use in safety (Note: Date of entry into force: 16:06:1989.)
Location: Geneva
Date of adoption: 24:06 : 1986
Session of the Conference: 72
Subject: Occupational Safety and Health at Work
See the ratifications for this Convention Display the document

in: English French
Status: instrument This Convention was adopted in 1985 and is considered updated.

The General Conference of the International Labour Organization:


convened at Geneva by the Governing Body of the International Labour Office, and having met on 4 June 1986 in his seventy-second session;


Recalling the conventions and relevant international labor, especially the Convention and Recommendation on Cancer, 1974, the Convention and Recommendation on the working environment (air pollution, noise and vibration), 1977, the Convention and the Occupational Safety and Health, 1981, the Convention and Recommendation on health services at work 1985, and the list of occupational diseases as revised in 1980, annexed to the Convention on the performance in case of accidents and diseases, 1964, and the code of practice on safety in the use of asbestos, published by the International Labour Office in 1984, which establish the principles of national policy and action at national level


Having decided upon the adoption of certain proposals concerning the safe use of asbestos, which is the fourth item on the agenda of the meeting, and


Having determined that these proposals shall take the form of a international convention,


adopts June 24 of 1980 and six the following Convention, which may be cited as the Asbestos Convention, 1986.



Part I. Scope and Definitions Article 1




1. This Convention applies to all activities in which workers are exposed to asbestos in the course of their work.


2. After consulting the representative organizations of employers and workers concerned, and based on an assessment of existing risks to health and safety measures, each Member which ratifies this Convention may exclude particular branches of economic activity or undertakings Application of certain provisions of the Convention, if it deems it unnecessary to apply to these sectors or companies.


3. When deciding on the exclusion of certain branches of economic activity or particular undertakings, the competent authority shall take into account the frequency, duration and level of exposure and the type of work and conditions in the workplace.




Article 2 For purposes of this Convention:

a) the term asbestos means the fibrous form of mineral silicates belonging to the metamorphic rocks of the serpentine group, ie chrysotile (asbestos white), and the amphibole group, ie actinolite, amosite (brown asbestos, cummingtonite-grunerite), anthophyllite, crocidolite (blue asbestos), tremolite or any mixture containing one or more of these;

b) the term asbestos dust means asbestos particles suspended in air or deposited asbestos particles that can travel and remain suspended in the air in workplaces;

c) the term asbestos dust airborne means, for purposes of measurement, dust particles measured by gravimetric assessment or other equivalent method;

d) the term designated respirable asbestos fibers asbestos fibers whose diameter is less than three microns and whose length and diameter ratio greater than 3:1, in the measurement will be taken into account only fibers longer than five microns;

e) the term asbestos means exposure to occupational exposure to respirable asbestos fibers or asbestos dust suspended in the air, caused by asbestos or from minerals, materials or products containing asbestos;

f) term workers includes members of production cooperatives;

g) the term workers' representatives appointed representatives workers recognized as such by national law or practice, in accordance with the Convention on the workers' representatives, 1971.


Part II. General Principles Article 3




1. National law shall prescribe the measures to be taken to prevent and control risks to health from occupational exposure to asbestos and to protect workers against such risks.


2. National legislation adopted pursuant to paragraph 1 of this Article shall be reviewed periodically in light of technical progress and development scientific knowledge.


3. The competent authority may permit temporary derogations from the measures prescribed under paragraph 1 of this article, under the conditions and within the deadlines set in consultation with organizations of employers and workers concerned.


4. Where the competent authority to exceptions under paragraph 3 of this Article shall ensure that appropriate precautions to protect the health of workers.




Article 4 The competent authority shall consult the most representative organizations employers and workers concerned about the measures to be taken to give effect to the provisions of this Convention.




Article 5 1. The observance of the law adopted in accordance with Article 3 of this Convention shall be secured through a system of inspection adequate and appropriate.


2. National legislation must prescribe the necessary measures, including appropriate penalties, to ensure effective implementation and enforcement of the provisions of this Convention.




Article 6 1. Employers are responsible for the compliance with the prescribed measures.


2. When two or more employers undertake activities simultaneously at one workplace, they should assist in the implementation of the prescribed measures, without prejudice to the responsibility of each employer for health and safety of its employees. In appropriate cases, the competent authority shall prescribe general procedures for this collaboration.


3. Employers should be prepared in collaboration with health and safety of workers, after consultation with representatives of the workers concerned, the provisions to be applied in emergency situations.




Article 7 Within the limits of their responsibility, workers should be required to observe the health and safety instructions prescribed to prevent and control risks to health posed by occupational exposure to asbestos and to protect against such risks.


Article 8

Employers and workers or their representatives should cooperate as closely as possible at all levels in the company, in implementing the measures prescribed under this Agreement.


Part III. Measures for Prevention and Protection

Article 9


national legislation adopted pursuant to Article 3 of this Convention shall provide for the prevention or control of exposure to asbestos by one or more of the following measures:

a) making work in which the employee may be exposed to asbestos regulations prescribing adequate engineering controls and work practices, including hygiene in the workplace;

b) establish special rules and procedures, including authorization for the use of asbestos or of certain types of asbestos or of certain products containing asbestos or for certain work processes.




Article 10 Where necessary to protect the health of workers and technically practicable, national laws shall establish one or more of the following measures:

a) wherever possible, the replacement of asbestos or certain types of asbestos or of certain products containing asbestos by other materials or products or the use of alternative technology, scientifically evaluated by the competent authority as harmless or less harmful;

b) total or partial prohibition of the use asbestos or certain types of asbestos or of certain products containing asbestos in certain processes work.




Article 11 1. Shall prohibit the use of crocidolite and products containing this fiber.


2. The competent authority shall be empowered, after consultation with representative organizations of employers and workers concerned, to allow exceptions to the prohibition in paragraph 1 of this Article when replacement is not reasonably practicable, if measures are taken to ensure that health workers are not placed at risk.




Article 12 1. Spraying should be banned all forms asbestos.


2. The competent authority shall be empowered, after consultation with representative organizations of employers and workers concerned, to allow exceptions to the prohibition in paragraph 1 of this Article when alternative methods are not reasonable and feasible, provided that they take measures to ensure that health workers are not placed at risk.




Article 13 National laws provide that employers must notify, in the manner and to the extent prescribed by the competent authority, certain types of work involving exposure to asbestos.




Article 14 It is for producers and suppliers of asbestos as well as manufacturers and suppliers of products containing asbestos, the responsibility for adequate labeling of the container and, where necessary, products, in a language and manner easily understood by workers and users concerned, as prescribed by the competent authority.




Article 15 1. The competent authority shall prescribe limits for worker exposure to asbestos or other exposure criteria for evaluating environmental work.


2. Exposure limits or other exposure criteria shall be established and periodically reviewed and updated in light of technological developments and the evolution of technical and scientific knowledge.


3. In all workplaces where workers are exposed to asbestos, the employer shall take all appropriate measures to prevent or control the release of asbestos dust in the air and to ensure that they observe the exposure limits or other criteria exposure and to reduce exposure as low as reasonably practicable.


4. If the measures taken under paragraph 3 of this Article are not sufficient to circumscribe the extent of exposure to asbestos within the limits or not complying with other exposure criteria specified under paragraph 1 of this Article, the employer shall provide , maintain and replace as necessary, without cost to the workers, respiratory protective equipment is adequate and special protective clothing when appropriate. Respiratory protective equipment must conform to the standards set by the competent authority and used only as a supplementary, temporary, emergency or exceptional and not as an alternative to technical control.


Article 16

Every employer shall establish and implement, under its own responsibility, practical measures for prevention and control of exposure to asbestos workers and their protection against asbestos hazards.




Article 17 1. Demolition of plants or structures containing insulating materials friable asbestos and the removal of asbestos from buildings or structures when there is a risk that the asbestos can get into airborne, can only be undertaken by employers or contractors recognized by the competent authority as qualified to perform such work under the provisions of this Convention and which have been authorized for that purpose.


2. Before undertaking the demolition work, the employer or contractor must develop a work plan specifying the measures to be taken, including measures to:

a) provide all necessary protection to workers;

b) limit the release of asbestos dust in the air;

c) provide for the disposal of waste containing asbestos in accordance with Article 19 of this Convention.


3. Must consult workers or their representatives on the work plan referred to in paragraph 2 of this article.




Article 18 1. When asbestos dust can contaminate the workers' personal clothing, the employer, in accordance with national legislation and in consultation with representatives of workers, must provide appropriate work clothing not worn outside the workplace.


2. The handling and cleaning of work clothing and special protective clothing after use, must be carried out under controlled conditions, in accordance with established by the competent authority in order to prevent the release of asbestos dust into the air.

3. National legislation should prohibit workers take home work clothing, special protective clothing and personal protective equipment.


4. The employer is responsible for cleaning, maintenance and storage of clothes for work, special protective clothing and personal protective equipment.


5. The employer must make available to workers exposed to asbestos facilities to wash, bathe or shower at the workplace, as appropriate.




Article 19 1. In accordance with the law and practice, the employer must eliminate waste containing asbestos in a manner that there is no risk to the health of the workers concerned, including those handling asbestos waste, or the population living near the company.


2. The competent authority and the employer shall take appropriate measures to prevent the general environment contaminated by asbestos dust from the workplace.


Part IV. Surveillance of Work Environment and Health of Workers


Article 20

1. Where necessary to protect the health of workers, the employer shall measure the concentration of airborne asbestos dust in the air in workplaces and monitor the exposure of workers to asbestos at intervals determined by the competent authority and in accordance with the procedures approved by it.


2. The records of the monitoring of working environment and exposure of workers to asbestos shall be kept for a period prescribed by the competent authority.


3. Have access to these records the workers concerned, their representatives and inspection services.


4. Workers or their representatives shall have the right to request the monitoring of working environment and to challenge the results of checks with the competent authority.




Article 21 1. Workers who are or have been exposed to asbestos shall be entitled, under the law and practice of medical examinations required to monitor their health in relation to occupational risk and to diagnose occupational diseases caused by exposure to asbestos .


2. The health surveillance of workers in relation to the use of asbestos shall not result in any loss of income for them. This monitoring should be free and should take place, as far as possible during working hours.


3. Workers should be informed properly and enough of the results of medical examinations and receive individual advice concerning their health in relation to their work.


4. If it is not desirable from the medical point of view continued assignment to work involving asbestos exposure, every effort should be made to provide the workers concerned with other means of maintaining their income, consistent with national conditions and practice.


5. The competent authority shall develop a system of notification of occupational diseases caused by asbestos.


Part V. Information and Education




Article 22 1. In coordination and collaboration with organizations of employers and workers concerned, the competent authority shall take appropriate measures to promote the dissemination of information and education of all persons concerned about risks to health from exposure to asbestos and methods of prevention and control.


2. The competent authority should ensure the development by employers, by written policies and procedures relating to the measures of education and periodic training of workers regarding the asbestos hazards and methods of prevention and control.


3. Employers should ensure that all workers exposed or potentially exposed to asbestos are informed about the health risks involved in their work, aware of preventive measures and correct work methods and receive continuous training in this regard.



Part VI. Final Provisions Article 23




The formal ratifications of this Convention shall be communicated to the registration, the Director General of the International Labour Office.




Article 24 1. This Agreement shall be binding only upon those Members of the International Labour Organization whose ratifications have been registered with the Director General.


2. Enter into force twelve months after the date on which the ratifications of two Members have been registered with the Director General.


3. Thereafter, this Convention shall enter into force for any Member twelve months after the date on which its ratification has been registered.




Article 25 1. Each Member which has ratified this Convention may denounce it after a period of ten years from the date on which the Convention first comes into force, by an act communicated to registration, the Director General of the International work. The denunciation shall not take effect until one year after the date on which it is registered.


2. Each Member which has ratified this Convention and, within one year after the expiration of ten years mentioned in the preceding paragraph, exercise the right of denunciation provided for in this Article shall be bound for a further period of ten years and, thereafter, may denounce this Convention at the expiration of each period of ten years, as provided in this article.




Article 26 1. The Director General of the International Labour Office shall notify all Members of the International Organisation of the registration of all ratifications and denunciations communicated by the Members of the Organization.


2. When notifying the Members of the Organisation of the registration of the second ratification communicated to him, the Director General shall draw the attention of the Members of the Organization on the date you enter into force of this Convention.




Article 27 The Director General of the International Labour Office shall notify the Secretary General of the United Nations, for the purposes of registration in accordance with Article 102 of the Charter of the United Nations, complete information particulars of all ratifications and acts of denunciation registered under the preceding articles.




Article 28 Whenever it deems necessary, the Governing Body of the International Labour Office shall present to the Conference a report on the implementation of Convention and shall examine the desirability of placing on the agenda of the Conference the question of its revision in whole or in part.




Article 29 1. Should the Conference adopt a new Convention revising this Convention in whole or in part, and unless the new Convention otherwise provides:

a) the ratification by a Member of the new revising Convention shall ipso jure the immediate denunciation of this Convention, notwithstanding the provisions of Article 25, when the new revising Convention shall come into force;

b) from the date of entry into force of the new Convention force this Convention shall cease to be open to ratification by the Members.


2. This Agreement shall continue in force in any case, in form and content for those Members which have not ratified the revising Convention.




Article 30 The English and French texts of this Convention are equally authoritative.


Cross references Conventions: C139 Occupational Cancer Convention, 1974
Recommendations: R147 Occupational Cancer Recommendation, 1974
Conventions: C148 Working Environment (Air Pollution, Noise and Vibration)
1977 Recommendations: R156 Working Environment (Air Pollution, Noise and Vibration), 1977
Conventions: C155 Occupational Safety and Health, 1981
Recommendations: R164 Occupational safety and health of workers , 1981
Conventions: C161 Convention Health Services, 1985
Recommendations: Recommendation R171 Occupational Health Services, 1985
Conventions: C121 Seafarers' benefits in case of accidents, 1964
Conventions: C135 Workers' Representatives Convention, 1971

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