On the ratification of the Convention on Occupational Safety in the Use of Asbestos (Convention 162)

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The Law of the Republic of Kazakhstan dated January 17, 2011 No. 388-IV

To ratify the Convention on Occupational Safety and Health in the Use of Asbestos (Convention 162), adopted in Geneva by the 72nd Session of the General Conference of the International Labour Organization on June 24, 1986.

President of the Republic of Kazakhstan N. Nazarbayev

INTERNATIONAL LABOUR CONFERENCE

CONVENTION 162

Convention on Occupational Safety in the Use of Asbestos (adopted on June 24, 1986)

Convention 162

CONVENTION ON OCCUPATIONAL HEALTH AND SAFETY IN THE USE OF ASBESTOS 1

The General Conference of the International Labour Organization, convened in Geneva by the Governing Body of the International Labour Office and meeting on 4 June 1986 for its 72nd session, noting the relevant international conventions and recommendations on labour and, in particular, the 1974 Convention and Recommendation on Occupational Cancers, the 1977 Convention and Recommendation on the Working Environment (Pollution air, Noise and vibration), the Occupational Safety and Health Convention and Recommendation 1981, the Occupational Health Services Convention and Recommendation 1985, The list of occupational diseases, revised in 1980, annexed to the 1964 Convention on Occupational Injury Benefits, as well as the "Code of Practice for Occupational Safety in the Use of Asbestos",2 published by the International Labour Office in 1984, which established the principles of national policy and activities at the national level, deciding to adopt a number of proposals on occupational safety in the use of asbestos, which is the fourth item on the agenda of the session, having decided to give these proposals the form of an international convention, Adopts this twenty-fourth day of June, one thousand nine hundred and eighty-sixth year, the following Convention, which may be referred to as the 1986 Convention on Asbestos.

SECTION I. SCOPE AND DEFINITIONS

Article 1

1. This Convention covers all activities related to the exposure of workers to asbestos during work. 2. A Member State ratifying this Convention may, after consultation with the relevant most representative organizations of employers and workers and on the basis of an assessment of health hazards and safety measures taken, exclude certain branches of economic activity or individual enterprises from the scope of application of certain provisions of the Convention if it is convinced that there is no need for their application to these industries or enterprises. if necessary. 3. The competent authority, when deciding whether to exclude certain branches of economic activity or individual enterprises, takes into account the frequency, duration and level of exposure, as well as the type of work and working conditions at the workplace.

Article 2

In relation to this Convention: a) the term "asbestos" means a fibrous form of minerals from the silicate class belonging to the serpentine group of rock minerals, i.e. chrysotile (white asbestos) and amphibole group, i.e. actinolite, amosite (brown asbestos, cummingtonite-grunerite), anthophyllite, crocidolite (blue asbestos), tremolite, or any other compounds containing one or more of these elements; (b) The term "asbestos dust" means airborne asbestos particles or settled asbestos particles that may rise into the air of the production environment; (c) The term "airborne asbestos dust" means, for measurement purposes, dust particles measured by gravimetric or other equivalent method; (d) The term "breathable asbestos fibers" means asbestos fibers having a diameter of less than 3 microns and a fiber-to-diameter ratio of more than 3:1. Only fibers with a length of more than 5 microns are taken into account for measurement purposes.; (e) The term "asbestos exposure" means exposure to airborne asbestos fibers or asbestos dust, the source of which is asbestos or minerals, materials or asbestos-containing products; (f) The term "workers" includes members of production cooperatives; (g) The term "employee representatives" means representatives of workers who are recognized as These are determined by national legislation or practice in accordance with the 1971 Convention on Workers' Representatives.

SECTION II. GENERAL PRINCIPLES

Article 3

1. National legislation or regulations prescribe measures that should be taken to prevent, control and protect workers from exposure to health hazards arising from working with asbestos. 2. National legislation and regulations developed pursuant to paragraph 1 of this article shall be reviewed periodically, taking into account technological progress and achievements in the field of scientific knowledge. 3. The competent authority may authorize temporary partial exemptions from the measures prescribed pursuant to paragraph 1 of this article, on the terms and within the time limits determined after consultation with the most representative relevant organizations of employers and employees. 4. By allowing partial exemptions from the measures pursuant to paragraph 3 of this article, the competent authority shall ensure that the necessary precautions are taken to protect the health of workers.

Article 4

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

Article 5

1. Compliance with the legislation and regulations adopted pursuant to article 3 of this Convention shall be ensured by an appropriate and appropriate inspection system. 2. National legislation or regulations shall provide for the necessary measures, including appropriate sanctions, to ensure effective compliance with and implementation of the provisions of this Convention.

Article 6

1. Employers are responsible for the implementation of prescribed measures. 2. In the case when two or more employers simultaneously carry out their activities in the same work area, they cooperate in order to carry out the prescribed measures, without reducing the responsibility of each employer for the protection of the health and safety of the workers employed by him. The competent authority prescribes, if necessary, the general principles of such cooperation. 3. Employers, in cooperation with the occupational safety and health services, after consulting with the relevant employee representatives, develop an emergency procedure.

Article 7

Employees are required, as part of their responsibility, to follow the occupational safety and health instructions regarding the prevention, control and protection from exposure to harmful factors that occur when working with asbestos.

Article 8

Employers and employees or their representatives shall cooperate as closely as possible at all levels of the enterprise in the implementation of the measures prescribed by this Convention.

SECTION III. PROTECTIVE AND PREVENTIVE MEASURES

Article 9

National legislation or regulations adopted pursuant to article 3 of this Convention provide for the prevention of or protection against exposure to asbestos by one or more of the following measures: (a) The establishment of regulations for work where exposure to asbestos may occur prescribing appropriate technical protection measures and working methods, including workplace hygiene; (b) The establishment of special rules and procedures, including the authorization of the use of asbestos or certain varieties thereof, or certain asbestos-containing products, or the conduct of certain production processes.

Article 10

In cases where it is necessary to protect the health of workers and this is technically feasible, national legislation or regulations provide for one or more of the following measures: (a) Replacement of asbestos or some of its varieties, or asbestos-containing products, where possible, with other materials or products, or alternative technological processes that, in the opinion of the competent authority based on a scientific assessment, they are considered harmless or pose a lesser risk to health; b) the total or partial prohibition of the use of asbestos or some of its varieties, or asbestos-containing products in certain production processes.

Article 11

1. The use of crocidolite and products containing this fiber is prohibited. 2. The competent authority shall have the authority to authorize, after consultation with the relevant most representative organizations of employers and employees, partial exemptions from the prohibition provided for in paragraph 1 of this article if replacement is impracticable, provided that measures are taken to ensure that the health of employees is not compromised.

Article 12

1. Spraying of all types of asbestos is prohibited. 2. The competent authority has the authority to authorize, after consultation with the relevant most representative organizations of employers and employees, partial exceptions to the prohibition provided for in paragraph 1 of this article if the use of alternative methods is impracticable, provided that measures are taken to ensure that the health of employees is not compromised.

Article 13

National legislation and regulations provide that employers, in accordance with the procedure and within the limits determined by the competent authority, notify it of certain types of work related to exposure to asbestos.

Article 14

Enterprises extracting and supplying asbestos, as well as manufacturing and supplying products containing it, are responsible for the proper labeling of containers and, if necessary, products, and this labeling should, according to the instructions of the competent authority, be done in such a language and in such a way that interested workers and consumers can easily understand it.

Article 15

1. The competent authority prescribes maximum permissible levels of exposure to asbestos or other exposure criteria for assessing the work environment. 2. Maximum permissible levels or other exposure criteria are established, periodically reviewed and updated in the light of technological progress and the expansion of scientific and technical knowledge. 3. In all workplaces where employees are exposed to asbestos, the employer takes all appropriate measures to prevent or control the ingress of asbestos dust into the air and to ensure that maximum permissible levels or other exposure criteria are met, as well as to reduce exposure to as low a level as practicable. 4. If the measures taken pursuant to paragraph 3 of this article do not reduce exposure to asbestos to the maximum permissible levels or do not meet other exposure criteria specified pursuant to paragraph 1 of this article, the employer shall provide, operate and replace, if necessary, at no cost to employees, adequate respiratory protective devices and special protective clothing., depending on the circumstances. Respiratory protective devices comply with the standards established by the competent authority and are used only as an additional, temporary, emergency or exceptional measure, and not as an alternative to technical control.

Article 16

Each employer is responsible for developing and implementing practical measures to prevent and control the effects of asbestos on its employees, as well as to protect against harmful factors that occur when working with asbestos.

Article 17

1. Demolition of equipment or structures containing fragile asbestos-containing insulating materials, as well as asbestos removal from buildings or structures where asbestos may be in the air, shall be carried out only by employers or contractors who are recognized by the competent authority as qualified to perform such work in accordance with the provisions of this Convention and who have been authorized to perform such work.. 2. The employer or contractor is required to prepare a work plan prior to the start of demolition work specifying the measures to be taken, including measures aimed at: (a) providing workers with all necessary protection; (b) limiting the release of asbestos dust into the air; and (c) ensuring the disposal of asbestos-containing waste in accordance with article 19 of this Convention. 3. Consultations shall be held with employees or their representatives regarding the work plan specified in paragraph 2 of this article.

Article 18

1. In cases where employees' personal clothing may be contaminated with asbestos dust, the employer, in accordance with national legislation or regulations and after consultation with employee representatives, issues appropriate work clothes that cannot be worn outside the workplace. 2. The processing and cleaning of used work and special protective clothing shall be carried out, as required by the competent authority, under controlled conditions in order to prevent the release of asbestos dust. 3. National legislation or regulations prohibit taking home work and special protective clothing and personal protective equipment. 4. The employer is responsible for cleaning, maintaining and storing work clothes, special protective clothing and personal protective equipment. 5. The employer provides employees who have been exposed to asbestos with adequate opportunities to wash, take a bath or shower at the workplace.

Article 19

1. In accordance with national legislation and practice, employers dispose of asbestos-containing waste in a manner that does not endanger the health of the workers concerned, including those who process asbestos-containing waste or the public living near the facility. 2. The competent authority and employers shall take appropriate measures to prevent pollution of the environment by asbestos dust released as a result of the production process.

SECTION IV. MONITORING OF THE PRODUCTION ENVIRONMENT AND THE HEALTH STATUS OF EMPLOYEES

Article 20

1. If it is necessary to protect the health of employees, the employer measures the concentration of asbestos dust contained in the air of the work area and monitors the effects of asbestos on employees at regular intervals and using methods specified by the competent authority. 2. The results of monitoring the production environment and the effects of asbestos on workers are stored for a period prescribed by the competent authority. 3. Relevant employees and their representatives, as well as inspection services, have access to this data. 4. Employees or their representatives have the right to request monitoring of the production environment and to contact the competent authority in connection with the results of the control.

Article 21

1. Workers who are or have been exposed to asbestos, in accordance with national legislation and practice, undergo such medical examinations as are necessary to monitor their health status due to exposure to this harmful occupational factor and to diagnose occupational diseases caused by exposure to asbestos. 2. Monitoring the health status of employees in connection with the use of asbestos does not entail a loss in earnings for them. It is carried out free of charge and, whenever possible, is carried out during business hours. 3. Employees are properly and appropriately informed about the results of medical examinations and receive individual consultations regarding their health status in connection with their work activities. 4. If the continuation of work related to exposure to asbestos is considered medically undesirable, all measures shall be taken, in accordance with national practices and conditions, to provide the relevant workers with other means of preserving their income. 5. The competent authority is developing a notification system for occupational diseases caused by asbestos.

SECTION V. INFORMATION AND TRAINING

Article 22

1. The competent authority, after consultation and in cooperation with the most representative organizations of employers and employees concerned, shall take appropriate measures to promote the dissemination of information and education to all relevant persons about harmful health factors arising from contact with asbestos, and about methods of their prevention and control. 2. The competent authority ensures that employers have in writing basic principles and procedures regarding measures for training and periodic briefing of employees on the hazardous effects of asbestos, methods of its prevention and control. 3. The employer ensures that all employees who are or may be exposed to asbestos are informed about the harmful factors associated with their work, receive instructions on preventive measures and proper working methods, and receive training on these issues on an ongoing basis.

SECTION VI. FINAL PROVISIONS

Article 23

The official instruments of ratification of this Convention shall be sent to the Director General of the International Labour Office for registration.

Article 24

1. This Convention binds only those member States of the International Labour Organization whose instruments of ratification have been registered by the Director General. 2. It will enter into force 12 months after the date of registration by the Director General of the instruments of ratification of the two Member States of the Organization. 3. Subsequently, this Convention will enter into force for each Member State of the Organization 12 months after the date of registration of its instrument of ratification.

Article 25

1. Any Member State that has ratified this Convention may, after the expiration of ten years from the date of its initial entry into force, denounce it by means of an act of denunciation addressed to the Director General of the International Labour Office for registration. The denunciation takes effect one year after the date of registration of the act of denunciation. 2. For each Member State of the Organization that has ratified this Convention and has not exercised the right of denunciation provided for in this article within one year after the expiration of the ten years specified in the preceding paragraph, the Convention will remain in force for the next ten years, and it may subsequently denounce it after the expiration of each decade in accordance with the procedure provided for in this article..

Article 26

1. The Director-General of the International Labour Office shall notify all Member States of the International Labour Organization of the registration of all instruments of ratification and denunciation sent to him by the Member States of the Organization. 2. In notifying the Member States of the Organization of the registration of the second instrument of ratification received by him, the Director-General shall draw their attention to the date of entry into force of this Convention.

Article 27

The Director-General of the International Labour Office shall transmit to the Secretary-General of the United Nations, for registration in accordance with Article 102 of the Charter of the United Nations, comprehensive information on all instruments of ratification and denunciation registered by him in accordance with the provisions of the preceding articles.

Article 28

In cases where the Governing Body of the International Labour Office considers it necessary, it shall submit to the General Conference a report on the application of this Convention and consider the desirability of including in the agenda of the Conference the issue of its revision in whole or in part.

Article 29

1. If the Conference adopts a new convention revising this Convention in whole or in part, and unless the new convention provides otherwise, then: (a) The ratification by a Member State of the new revising Convention shall automatically entail, regardless of the provisions of article 25, the immediate denunciation of this Convention, provided that the new revising Convention The Convention has entered into force; (b) From the date of entry into force of the new revising convention, this Convention shall be closed for ratification by the Member States of the Organization. 2. In any case, this Convention remains in force in form and content for those Member States of the Organization that have ratified it but have not ratified the revising Convention.

Article 30

The English and French texts of this Convention are equally authentic.

___________ _1 Effective date: June 16, 1989.  2 Occupational safety in the use of asbestos: A set of Practical Rules published by the International Labour Office (Geneva, ILO, 1984). This authentic text of the Convention was approved by the General Conference of the International Labour Organization at its seventy-second session, which was held in Geneva and signed at the close of the twenty-fifth of June 1986. To prove this, we signed this document on June twenty-sixth, 1986.

This authentic text of the Convention was approved by the General Conference of the International Labour Organization at its seventy-second session, which was held in Geneva and signed at the close of the twenty-fifth of June 1986. To prove this, we signed this document on June twenty-sixth, 1986.

Conference Chairman Hugo Fernandez Faingold

Francis Blanchard, Director General of the International Labour Office

The RCPI's note. The following is the text of the Convention in English.

President

Republic of Kazakhstan

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