Rs 0.822.726.2 Convention N O 162 Of 24 June 1986 Concerning Safety In The Use Of Asbestos

Original Language Title: RS 0.822.726.2 Convention no 162 du 24 juin 1986 concernant la sécurité dans l’utilisation de l’amiante

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0.822.726.2 original text Convention n 162 on safety in the use of asbestos, concluded at Geneva on 24 June 1986 approved by the Federal Assembly on 28 January 1992, Instrument of ratification deposited by the Switzerland on 16 June 1992 entry into force for the Switzerland on 16 June 1993 (report 9 January 2013) the General Conference of the International Labour Organization Convened at Geneva by the governing body of the international labour office, and having met June 4, 1986, in its 72nd session;
Noting the conventions and international recommendations of relevant work, in particular the convention and on occupational cancer recommendation, 1974; the convention and the recommendation on the workplace (air pollution, noise and vibration), 1977; the convention and recommendation on safety and health of workers, 1981; the convention and the recommendation on healthcare at work, 1985; the list of occupational diseases such as revised in 1980, annexed to the convention on the service in the event of accidents at work and occupational diseases, 1964, so that the code of practice on safety in the use of asbestos, published by the international labour office in 1984, which establish the principles of a national policy and action at the national level;
After deciding to adopt various proposals on safety in the use of asbestos, which is the fourth item on the agenda of the session;
Having decided that the proposals would take the form of an international convention, adopts, this twenty-fourth day of June nineteen nine hundred eighty-six, the convention below, which will be called Convention on asbestos, 1986: part I. scope and definitions art. 1-1. This convention applies to all activities involving exposure to asbestos of workers, on the occasion of the work.
2. a member which ratifies this convention may, after consultation with the most representative organizations of employers and workers concerned, and on the basis of an assessment of the risks that exist for health as well as security measures applied, exclude any particular branches of economic activity or individual companies from the application of certain provisions of the convention, when he ensured that their application to these branches or these companies is not necessary.
3 when she decided the exclusion of particular branches of economic activity or individual companies, the competent authority must take into account frequency, the duration and the level of exposure, as well as the type of work and the conditions prevailing in the workplace.

Art. 2 for the purposes of this convention: a) the term "asbestos" is the fibrous form of mineral silicates belonging to metamorphic group of the serpentines rocks, i.e. chrysotile (white asbestos), and the Group amphiboles, i.e., actinolite, the amosite (brown asbestos, cummingtonite-grunerite), anthophyllite, crocidolite (blue asbestos), the tremolite or any mixture containing one or more of these minerals; b) the terms 'dust of asbestos' aim in airborne asbestos particles or particles of asbestos deposited likely to be implemented in suspension in the air of workplaces; c) the terms "dust of asbestos in the air" are designed to for measurement, the particles of dust that are measured by a gravimetric assessment or another equivalent method; d) the terms "respirable asbestos fibres" are intended for asbestos fibres whose diameter is less than 3 µm and the length-diameter ratio greater than 3:1. Only fibres longer than 5 µm will be taken into account for the purposes of measures; e) the words 'exposure to asbestos' refer to be exposed at work, to fibres respirable asbestos or dust of asbestos in the air, that they come from minerals, raw materials or products containing asbestos; f or asbestos) "workers" shall include members of production cooperatives; g) 'workers representatives' terms are recognized workers representatives as such by the legislation or national practice, in accordance with the convention for representatives of workers, 1971.

Part II. General principles art. 3-1. National law shall prescribe the measures to be taken to prevent and control the health risk due to occupational exposure to asbestos and to protect workers against such risks.
2. the national legislation adopted in application of the by. 1 of this article shall be reviewed periodically in the light of technical progress and the development of scientific knowledge.
3. the competent authority may grant temporary exemptions from the measures prescribed by virtue of the by. 1 of the present article under conditions and deadlines to fix after consultation with the most representative organizations of employers and workers concerned.
4. when granting exemptions according to the by. 3 of this article, the competent authority must ensure that the necessary precautions are taken to protect the health of workers.

Art. 4. the competent authority shall consult the most representative organizations of employers and workers interested on measures to be taken to give effect to the provisions of this convention.

Art. 5-1. The application of the legislation adopted pursuant to art. 3 of the convention must be ensured by a sufficient and appropriate system of inspection.
2. the national legislation must provide for the necessary measures including the application of appropriate sanctions to ensure the effective implementation and compliance with the provisions of this convention.

Art. 6-1. Employers must be held accountable for the application of the prescribed measures.
2. whenever two or more employers simultaneously engaged in activities in the same place of work, they must work together to implement the prescribed measures, without prejudice to the responsibility of each of them with respect to the health and safety of workers he employs. The competent authority shall prescribe the terms of this cooperation when necessary.
3 employers, in collaboration with the services of health and safety at work, and after consultation with the representatives of the workers concerned, prepare procedures in emergency situations.

Art. 7. workers must, within the limits of their responsibility, be required to respect the security and hygiene instructions prescribed to prevent and control risks to health that includes occupational asbestos exposure, as well as to protect against these risks.

Art. 8. employers and workers or their representatives must work as closely as possible, at all levels in the company, for the application of the measures prescribed in accordance with this convention.

Part III. Measures of protection and prevention article 9. the national legislation adopted pursuant to art. 3 of the convention should provide that exposure to asbestos must be prevented or controlled by one or more of the following measures: a) the subjugation of the work that is likely to expose the worker to asbestos to provisions prescribing measures technical prevention and methods of adequate work, including hygiene on the work place; b) prescribing rules and procedures including, for the use of asbestos or some types of asbestos and products containing asbestos, or permissions for certain work processes.

Art. 10 there where it is necessary to protect the health of workers and feasible from the technical point of view, national legislation must provide one or more of the following measures: a) whenever this is possible, replacement of asbestos or of certain types of asbestos and products containing asbestos by other materials or products, or the use of alternative technologies scientifically assessed by the competent authority as being harmless or less harmful; b) the total or partial ban the use of asbestos or of certain types of asbestos and products containing asbestos for certain work processes.

Art. 11-1. The use of the crocidolite and products containing this fibre must be prohibited.
2. the competent authority should be empowered, after consulting the most representative organizations of employers and workers concerned, to grant exceptions to the prohibition to the by. 1 above, when the replacement is not reasonable and practically feasible, provided that measures are taken to ensure that the health of the workers is not threatened.

Art. 12-1. The flocking of asbestos no matter what its shape must be prohibited.

2. the competent authority should be empowered, after consulting the most representative organizations of employers and workers concerned, to grant exceptions to the prohibition to the by. 1 above, where alternative methods are not reasonable and practically feasible, provided that measures are taken to ensure that the health of the workers is not threatened.

Art. 13. national legislation should provide that employers must notify the competent authority, according to the terms and to the extent fixed by the Commission, certain types of work involving exposure to asbestos.

Art. 14. producers and suppliers of asbestos, as well as manufacturers and suppliers of products containing asbestos, must be held responsible for the proper labelling of the containers and, where appropriate, products, in a language and in a way easily understood by workers and interested users, according to the rules laid down by the competent authority.

Art. 15-1. The competent authority should prescribe limits of exposure of workers to asbestos or of other exposure criteria for the evaluation of the work environment.
2. the exposure limits or other exposure criteria should be set, reviewed and updated periodically in the light of technological advances and the development of technical and scientific knowledge.
3. in all workplaces where workers are exposed to asbestos, the employer must take all appropriate measures to prevent it or control the release of asbestos dust in the air, to ensure that exposure limits or other exposure criteria are observed, as well as to reduce exposure to a low level that it is reasonable and practically feasible.
4. where the measures taken in application of the by. 3 of this section fail to contain exposure of asbestos within the boundaries of exhibition or to conform to the other exposure criteria fixed under the by. 1 of this article, the employer shall provide, maintain and, if necessary, replace, without cost to the workers, a special protective clothing and respiratory protection equipment in appropriate cases. Respiratory protection equipment must conform to the standards established by the competent authority and be used only as a measure additional, temporary, emergency or exceptional, and not substitute for the technical control.

Art. 16. every employer shall establish and implement under its responsibility for practical measures for the prevention and control of exposure to asbestos of workers he employs and for their protection against asbestos risks.

Art. 17-1. The demolition of the facilities or works containing friable asbestos insulation materials and the removal of asbestos from buildings or structures where it is likely to be in suspension in the air must be undertaken by employers or contractors recognized by the competent authority as being qualified to perform such work, in accordance with the provisions of this convention, and having been empowered for this purpose.
2. the employer or contractor must be held before demolition work, to develop a work plan specifying the measures to be taken, including those intended to: a) fill in all the necessary protection to the workers; b) limit the emission of asbestos into the air; c) provide to the disposal of waste containing asbestos, in accordance with art. 19 of this convention.

3. the workers or their representatives must be consulted on the work plan to the by. 2 above.

Art. 18-1. When the personal clothing of workers are likely to be contaminated by dust of asbestos, the employer must, in accordance with national legislation and in consultation with representatives of workers, provide appropriate work clothing should not be worn outside the places of work.
2. the handling and cleaning of clothes of work and special protective clothing after use must be made in conditions subject to control, in accordance with the requirements of the competent authority, in order to prevent the emission of asbestos.
3. national legislation should prohibit take-home work clothes, special protective clothing and personal protective equipment.
4. the employer should be responsible for cleaning, maintenance and storage of clothes of work, clothing special protection and personal protection equipment.
5. the employer must put at the disposal of workers exposed to asbestos of facilities from sinks, baths or showers in the workplace, according to what is appropriate.

Art. 19-1. In accordance with the legislation and national practice, the employer must eliminate waste containing asbestos in a way that does risk for the health of workers concerned, including those who handle asbestos waste, or for the population in the vicinity of the company.
2. appropriate measures must be taken by the competent authority and by employers to prevent pollution of the general environment by the dust of asbestos from workplaces.

Part IV. Monitoring of the workplace and of the health of workers article 20-1. Where this is necessary for the protection of the health of workers, the employer shall measure the concentration of asbestos in suspension in the air in the workplace and monitor the exposure of workers to asbestos at intervals and according to procedures specified by the competent authority.
2. the records of monitoring of the workplace and of the exposure of workers to asbestos must be kept for a period prescribed by the competent authority.
3. interested workers, their representatives and inspection services must have access to these surveys.
4. the workers or their representatives must have the right to request the surveillance of the working environment and to appeal to the competent authority about the results of this monitoring.

Art. 21-1. Workers who are or have been exposed to asbestos must be able to benefit, in accordance with legislation and national practice, of the medical examinations necessary for the supervision of their health based on professional risk, and the diagnosis of occupational diseases caused by exposure to asbestos.
2. the monitoring of the health of workers in relation to the use of asbestos does cause no loss of earnings for them; It must be free and take place as much as possible during working hours.
3. workers must be informed in a way sufficient and appropriate the results of medical exams and receive individual advice on their health in relation to their work.
4. where a permanent assignment to a work involving exposure to asbestos is not recommended for medical reasons, every effort must be made in a manner consistent with national conditions and practice, to provide other ways to maintain their income to the workers concerned.
5. the competent authority should develop a system of notification of occupational diseases caused by asbestos.

Part V. Information and education art. 22 1. The competent authority must, in consultation and collaboration with the most representative organizations of employers and workers concerned, take appropriate steps to promote the dissemination of information and education of all concerned about the risks that exposure to asbestos has for health as well as methods of prevention and control.
2. the competent authority must ensure that employers have stopped writing a policy and procedures for the measures of education and periodic training of workers on the risks due to asbestos and methods of prevention and control.
3. the employer shall ensure that all workers exposed or likely to be exposed to asbestos are informed of the risks that their work involves health and educated of measures of prevention as well as correct work methods, and they receive training continues in these matters.

Part VI. Final provisions art. 23. the formal ratifications of this convention will be communicated to the Director-general of the international Bureau and the work by him saved.

Art. 24 1. This agreement will not bind the members of the International Labour Organization whose ratification will be registered by the Director-general.
2. it comes into force twelve months after the ratifications of two members have been registered by the Director-general.
3. thereafter, this convention will enter into force for each Member twelve months after the date where ratification has been registered.

Art. 25


1. any Member ratifying this convention may denounce it on the expiry of a period of ten years after the date of the initial implementation of the convention, by an act communicated to the Director-general of the international labour office and by him registered. Denunciation shall become effective one year after having been recorded.
2. a Member ratifying this Agreement who, within the period of one year after the expiry of the period of ten years mentioned in the previous paragraph, does not exercise the right of denunciation provided for by this article will be linked to a new period of ten years and, thereafter, may denounce this convention at the expiration of each period of ten years under the conditions provided for in this article.

Art. 26-1. The Director general of the international labour office shall notify all members of the International Labour Organization the registration of all ratifications and denunciations that will be communicated to him by the members of the organization.
2. by notifying the registration of the second ratification which has been communicated to members of the Organization, the Director-general will call the attention of the members of the Organization on the date on which this convention will enter into force.

Art. 27. the Director-general of the international labour office shall communicate to the Secretary-General of the United Nations, for the purposes of registration, in accordance with art. 102 of the Charter of the United Nations, comprehensive information about all ratifications and all acts of denunciation that it will be registered in accordance with the preceding articles.

RS 0.120 art. 28. whenever necessary, the governing body of the international labour office will present to the General Conference a report on the application of this convention and will consider whether it is necessary to register to the agenda of the Conference the question of its revision total or partial.

Art. 29 1. Should the Conference adopt a new convention revising all or part of this agreement, and unless the new convention provides otherwise: a) the ratification by a member of the new convention revising would of right, notwithstanding art. 25 above, immediate denunciation of this convention, provided that the new convention revising is into force; b) from the date of the entry into force of the new convention revising this convention would cease to be open to ratification by the members.

2. the present convention remain in any case in effect in its form and content for members which had ratified and which would not ratify the agreement review.

Art. 30 French and English versions of the text of this convention are equally authentic.

Scope on 9 January 2013 States parties Ratification Declaration of estate (S) entry into force Germany 18 November 1993 November 18, 1994 Australia August 10, 2011 August 10, 2012 Belgium 11 October 1996 October 11, 1997 Bolivia 11 June 1990 11 June 1991 Bosnia and Herzegovina 2 June 1993 S 2 June 1993 Brazil 18 May 1990 18 May 1991 Cameroon 20 February 1989 February 20, 1990 Canada June 16, 1988 16 June 1989 Chile 14 October 1994 14 October 1995 Cyprus 7 August 1992 7 August 1993 Colombia January 25, 2001 January 25, 2002 (South) Korea April 4, 2007 4 April 2008 Croatia 8 October 1991 S October 8, 1991 Denmark, on December 18, 2006 18 December 2007 Ecuador April 11, 1990 11 April 1991 Spain 2 August 1990 2 August 1991 Finland June 20, 1988 20 June 1989 Guatemala April 18, 1989 18 April 1990 Japan 11 August 2005 August 11, 2006 Kazakhstan April 5, 2011 April 5

2012 Luxembourg 8 April 2008 8 April 2009 Macedonia 17 November 1991 S November 17, 1991 Morocco April 13, 2011 April 13, 2012 Montenegro 3 June 2006 June 6, 2007 Norway 4 February 1992 4 February 1993 Uganda 27 March 1990 March 27, 1991 Netherlands September 15, 1999 September 15, 2000 Portugal may 3, 1999 May 3, 2000 Russia September 4, 2000 September 4, 2001 Serbia 24 November 2000 S 29 May 1990 Slovenia 29 May 1992 S 29 may

1992 Sweden 2 September 1987 16 June 1989 Switzerland 16 June 1992 June 16, 1993 Uruguay 6 September 1995 September 6, 1996 Zimbabwe 9 April 2003 9 April 2004 RO 1993 1758; FF 1991 III Art. 898 1 al. let 1. c of the AF of Jan. 28. 1992 (RO 1993 1737).
RS 0.822.329 RO 1993 1758, 2005 1779, 2008 4217 and 2013 411. A version of the update scope is published on the web site of the FDFA (www.dfae.admin.ch/traites).

State on January 9, 2013

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