Individual Case (CAS) - Discussion: 2025, Publication: 113rd ILC session (2025)

Asbestos Convention, 1986 (No. 162) - Bolivia (Plurinational State of) (Ratification: 1990)

Asbestos Convention, 1986 (No. 162); Safety and Health in Construction Convention, 1988 (No. 167)

Written information provided by the Government

The Government has provided the following written information, as well as a copy of the proposed tentative methodology for conducting training workshops on the safe use of asbestos and occupational safety for sectors exposed to asbestos.

The Plurinational State of Bolivia affirms that, in accordance with the Conventions, it has in place the General Act on Occupational Safety and Health, and Welfare, adopted by Legislative Decree No. 16998 of 2 August 1979, on occupational safety and health (OSH) management programmes, Technical Safety Standard (NTS), NTS 009/23, adopted by Ministerial Decision No. 992/23 of 9 June 2023, on OSH management programmes, and NTS 008/17, approved by Ministerial Decision No. 387/17 of 17 May 2017, which, although they are general, contribute to reducing the use of asbestos and to its elimination as, in order to comply with these standards, enterprises in various areas take measures to protect the safety of workers against exposure to agents harmful to their health.

Specifically with regard to Convention No. 162, technical point 5(b) of NTS 009/23 requires specific studies and/or monitoring, depending on the characteristics of the enterprise or workplace, with the results to be recorded in the hazard identification, risk assessment and control (IPER) matrix, in which asbestos is included under: “(ii) contaminating chemicals in the working environment (hazardous substances) and (vi) other studies that may be necessary”. Immediate action will also include the development of a training programme to raise awareness of the safe use of asbestos and occupational safety for sectors exposed to asbestos. The programme will be brought to the attention of the World Health Organization so that it can contribute to its content through experts on the subjects on an inter-institutional basis with the Ministry of Health and Sports and other institutions to be identified.

Discussion by the Committee

Chairperson – I now have the honour of giving the floor to the distinguished representative of the Government of the Plurinational State of Bolivia, the Deputy Minister of Employment, the Public Service and Cooperatives.

Government representative – I would like to start by conveying greetings from the Plurinational State of Bolivia and the Ministry of Labour, Employment and Social Welfare to the Committee and all the delegations present, including Government, Worker and Employer members. It is appropriate to start by specifying that the Plurinational State of Bolivia reaffirms its commitment to the application of ILO Conventions. The Plurinational State of Bolivia, as a founder member of the ILO, has ratified 8 of the 10 fundamental Conventions and has ratified almost 50 Conventions in total, thereby demonstrating its clear commitment to international labour standards and their application from a position of sovereignty.

While the Plurinational State of Bolivia has ratified a significant number of ILO Conventions, it is important to bear in mind that the implementation and application of these Conventions may differ in practice. Despite the efforts made in relation to workers’ rights, which have to be acknowledged, it is also important to review good practices and consider recommendations that can be applied to our situation with a view to optimizing the application of Conventions, always with respect for sovereignty in relation to decisions on the approach to economic development.

This may be the specific case of Conventions Nos 162 and 167, and we are coming before this Committee with a constructive attitude both to explain the efforts made in the Plurinational State of Bolivia for the application of these Conventions and to listen to recommendations that can help us to move forward within the framework of the decisions taken in our country.

In the report of the Committee of Experts, based on the reports provided by the Plurinational State of Bolivia on Conventions Nos 162 and 167, information is provided on the progress reported and the comments made as a background to the action that we are taking.

With reference to Articles 3 and 4 of Convention No. 162, on legislation and consultation, the progress consists of the adoption of Regulations on air pollution, which classify asbestos as a carcinogenic substance and include it on the list of hazardous pollutants to be considered in the preparation of air emission inventories. We are referring to the Regulations issued under the Bolivian Environment Act.

Moreover, the Environmental Regulations for the industrial manufacturing sector consider asbestos to be an extremely hazardous substance and include asbestos among the carcinogenic substances that have to be taken into consideration in the formulation of air emission inventories in the manufacturing sector. The Environmental Regulations for mining activities also provide that asbestos, in all its chemical forms, is considered to be a hazardous pathogenic substance.

In relation to these provisions, the Committee of Experts has requested more specific information from the Government of the Plurinational State of Bolivia with a view to preventing and controlling health hazards and holding consultations with the most representative organizations for the development of policies.

With reference to Articles 9, 10, 11 and 12 of Convention No. 162, in relation to legislative measures to prevent and control exposure to asbestos, including its replacement and prohibition, the Plurinational State of Bolivia has developed Technical Safety Standard No. 009/23, which in the IPER matrix identifies risks, measures and alternatives, with the requirement in all sectors of economic activity to identify hazardous substances or products, such as asbestos. Similarly, Ministerial Decision No. 387/17 on work in confined spaces in relation to exposure limits and the Environmental Regulations for the industrial manufacturing sector provide that the industry shall make efforts to replace or minimize the use of asbestos. Fine dust asbestos of less than 2.5 micrometres, including crocidolite, is considered a carcinogenic and extremely dangerous substance. Or, in other words, in the Regulations asbestos is identified as a hazardous substance.

In relation to Articles 9 and 10, respecting legislative control and prevention measures, the prohibition of crocidolite, or measures for the prohibition of crocidolite, and the prohibition of spraying in all industrial sectors, the observation made by the Committee of Experts is that, although there are provisions in certain clearly identified sectors, such as manufacturing, or provisions at different levels, greater specificity is required.

With reference to Article 15(3) of Convention No. 162 on the prevention or control of the release of asbestos dust and ensuring compliance with exposure limits, Ministerial Decision No 1444/23 has been issued adopting the General Regulations on Labour Inspection.

This is relevant progress because in the General Regulations on Labour Inspection advances have been made in the control and inspection of these occupational safety and health (OSH) issues, particularly with reference to the identification of hazardous substances through the technical standards that are adopted in each case.

The Environmental Regulations of the industrial manufacturing sector provide that processes that emit gasses, particulate matter and vapours are to be considered as priorities. Industry also has to comply with the permissible limits for pollutant emissions, which include fine dust asbestos, and self-monitoring has to be carried out at least annually of all the parameters that can be generated by their activities in the form of emissions.

In this case, the Committee of Experts requests measures to reduce exposure to asbestos to as low a level as is reasonably practicable in all sectors and industries, and not only in industry, and information on the specific measures adopted by the labour inspection services. In this context, the need for the information that is generated to be systematic and publicly available is considered to be of great relevance.

With reference to Article 16, on practical measures taken by the employer for the prevention and control of exposure, the General Regulations on Labour Inspection in relation to OSH technical inspections establish the requirement for inspectors to assess compliance with OSH standards.

The Environmental Regulations for the industrial manufacturing sector and the Environmental Regulations for mining activities establish requirements for prevention and control in relation to hazardous substances, which include asbestos.

In this case, the Committee of Experts requests the adoption of specific measures to ensure the employers are responsible for practical measures for the protection of workers from asbestos.

In relation to Article 20 on the keeping of records of the monitoring of the working environment, Technical Safety Standard No. 009/23 provides that, within the framework of the submission of OSH plans, the employer shall conduct health surveys and/or monitoring, where appropriate, of chemical pollutants in the work environment and suspended particulate matter, which are valid for one year from the date of their formulation.

The Committee of Experts emphasizes that the records of the monitoring of the working environment and of the exposure of workers to asbestos must be kept for a period prescribed by the competent authority, and that the workers concerned, their representatives and the inspection services have access to the records

Moreover, workers and their representatives must have the right to request supervision of the working environment and to appeal to the competent authority concerning the results of the supervision, as set out in Article 20 of Convention No. 162.

With reference to Article 21, which refers to information on medical examinations and other means of maintaining income when assignment to work involving exposure to asbestos is inadvisable, the Committee of Experts calls for workers to be informed in an adequate and appropriate manner of the results of their medical examinations and to receive individual advice concerning their health. It also calls for other means of maintaining income and protection measures in specific branches of activity.

It is important to emphasize that, in each of these Articles which have been identified both in the comments made by the Committee of Experts and in the progress that has been made by the Government, it is necessary to bear in mind, as we indicated in our introduction, that each of these components has differing levels of applicability.

For example, finding alternative means of maintaining income depends on economic conditions and capacities, and cannot be seen as a requirement that applies to all countries equally. There are countries, including the Plurinational State of Bolivia, where, even though we have made much progress in overcoming unemployment, alternative means of maintaining income give rise to difficulties.

Accordingly, it has to be understood that, while each of these areas have been identified as being in need of action, and that it is necessary to move forward based on the recommendations made, the degree of implementation is subject to their differing characteristics.

It is also important to emphasize that the action taken at the enterprise level has been relevant in the implementation of measures for the replacement of asbestos as a material, particularly in construction.

There are enterprises that have certified in their own interests the replacement of 100 per cent of asbestos. Moreover, entrepreneurs have developed a series of mechanisms for educational purposes and awareness-raising and also, from their own perspective, for the implementation of action in relation to asbestos. They have implemented quality standards related to ISO which are, as you know, voluntary and are more related to the competitivity of enterprises.

So what are the potential sectors in the Plurinational State of Bolivia?

First, construction. This is undoubtedly the most vulnerable sector. Asbestos was widely use in the construction of buildings. Uralite, a material composed of cement and asbestos, was very commonly used in roofing and other structures, such as water tanks which, as you will understand, can be highly dangerous. Exposure generally occurs for workers who handle materials containing asbestos, with the deterioration of materials and in maintenance and cleaning work.

And then, in the case of mining, the mining of asbestos in the Plurinational State of Bolivia is limited in view of the significant risks of exposure.

In the case of motor mechanics, workers are in contact with outdated systems, such as brakes and clutches that are imported, as they are not produced in the Plurinational State of Bolivia, and give rise to risks resulting from the use of asbestos.

Similarly, the population in general may be exposed to asbestos in houses and old buildings that include materials containing asbestos.

This is illustrative of the progress that has been made, as there is no longer any manufacture of asbestos materials in the Plurinational State of Bolivia. However, we are bound to acknowledge that it is necessary to supplement the information on the basis of which measures can be taken to update the measures adopted up to now, and as a basis for formulating policies to achieve compliance with the standards, including Convention No. 162, which have been ratified by the Plurinational State of Bolivia, such as the adoption of laws and rules at the various levels, as in some cases it may be possible to adopt or amend laws, and in other cases decrees, ministerial decisions and OHS technical safety standards.

So what action is being taken at the moment?

As I have said, it is difficult to take each of the comments and in each case enumerate action that is ready to be adopted.

So, what is it that we have identified for future action and what measures are being taken to address comprehensively the elements that we consider need to be updated?

I once again reiterate, also based on the comments made by the Committee of Experts, what is of interest to us is the theme of the protection of workers’ rights and health, in recognition that the principal limitation in updating policies and laws on asbestos is the generation of information and capacities as a basis for formulating policies and legislative measures and for monitoring.

Multisectoral work has therefore been initiated in view of the involvement of sectors such as health, covering the impact of asbestos on health, the development of production and enterprise activities. The Ministry of the Environment, based on the agreements concluded on organic components and persistent materials, with particular reference to the National Occupational Health Institute, has a project under the Ministry of Health, which is an inter-institutional cooperation project with the Chrysotile Information Centre, SIC-ANDES of Peru, on training for the safe handling and appropriate management of chrysotile and asbestos, with the technical support of the International Chrysotile Association. During this phase, we will establish other cooperation mechanisms with other institutions and it will also be important to engage in exchanges of experience with countries. In other words, we would be very pleased to engage in the exchange of experience with other countries that have made significant progress in law and in policies, and particularly with the ILO Office in the Plurinational State of Bolivia, with which we have undertaken a series of proactive activities which have enabled us to address various subjects. It is through this commitment to intersectoral work that we think we can move forward in addressing each of the comments through the formulation of policies and provisions with a view to updating each of these elements.

Employer members – The case before the Committee concerns the application of Conventions Nos 162 and 167, ratified by the Plurinational State of Bolivia in 1990 and 2015, respectively. It is the first time that the application of these Conventions has been examined by this Committee in relation to the Plurinational State of Bolivia, even though the Committee of Experts has made numerous observations since 2013, and most recently in 2024, 2023, 2021, 2019, 2018 and 2015.

We thank the Government of the Plurinational State of Bolivia for the written information provided, including the proposed methodology for conducting training workshops on the safe management of asbestos use and occupational safety, and we take note of its request to the Office for technical assistance in preparing article 22 reports.

However, the Employers would like to note that, although there is a commitment to promoting compliance with the provisions of these Conventions, in practice it is necessary to consider that the observations of the Committee of Experts in 2024 reiterate long-standing concerns about existing gaps in the national legislation. In this regard, we echo the concerns of the Committee of Experts and would like to make a few points.

First, with regard to the regulatory framework and specific measures for risk prevention and control, the Government has reported the existence of the General Act on Occupational Safety, Health and Welfare and a series of OSH technical standards, in addition to management programmes in this field.

However, the Committee of Experts has repeatedly pointed out that, although these general standards are in force, they lack the specific provisions necessary to give full effect to Conventions Nos 162 and 167 ratified by the Plurinational State of Bolivia.

Despite repeated requests by the Committee of Experts, the Government has not yet adopted the necessary measures to harmonize the legislation with the requirements of the ratified Conventions, particularly with regard to the prevention and control of health hazards due to occupational exposure to asbestos, and the protection of workers against such hazards.

This is with regard to Article 3 of Convention No. 162.

With regard to Articles 11 and 12 of Convention No. 162, there is a lack of specific measures prohibiting the use of crocidolite and the spraying of asbestos, as well as a lack of provisions requiring the demolition of plants or structures containing asbestos and its removal to be undertaken only by qualified employers or contractors (Article 17(1) of Convention No. 162).

It is essential to establish clear exposure limits and take measures to reduce exposure to the lowest possible level, in accordance with Article 15 of the Convention. Specific information is also needed on the provision of respiratory protective equipment and special protective clothing, in accordance with Article 15(4) of Convention No. 162.

The Employers express their commitment to a culture of risk prevention at the workplace and to the design of practical measures for the prevention and control of workers’ exposure to asbestos and their protection.

In relation to Article 16 of Convention No. 162, we encourage the Government to work in consultation with the most representative employers’ and workers’ organizations to design a clear and specific regulatory framework.

Second, in relation to Article 12 of Convention No. 167, the Committee of Experts emphasizes that measures specifying the action to be taken in the event of an imminent and serious threat to workers’ safety have yet to be adopted. We call on the Government to intensify its efforts to consult the social partners and agree on a regulatory framework that allows for immediate measures to be taken to stop operations and evacuate workers where there is an imminent and serious danger to their safety.

Third, it is therefore necessary to review the comments made by the Committee of Experts on tripartite consultation and the role of the social partners in the Conventions under examination.

The Committee of Experts has explicitly requested the Government to consult the most representative employers’ and workers’ organizations on the measures to be taken to give effect to the provisions of the Conventions.

Although the Government has mentioned the preparation of a training programme on the safe management of asbestos, which will be shared with the World Health Organization (WHO) and other institutions, there is no indication in the information provided that institutionalized and effective consultation forums have been created with representative employers’ and workers’ organizations for the design, implementation or review of the measures to be taken.

As social partners, employers’ and workers’ organizations have the capacity to provide a comprehensive and practical overview of risk factors, the application of new technologies and strategic skills, labour market challenges and the most effective tools for strengthening worker protection.

We therefore request the Government to make every effort to ensure the institutionalized and effective consultation of the social partners at all stages of the design, implementation, review and monitoring of OSH policies and measures, especially with regard to asbestos and construction. We request the provision of detailed information on the formulation of any specific policies on asbestos and construction.

Fourth, with regard to monitoring, information for workers and income maintenance, the Committee of Experts has expressed regret that the Government has not provided information on the application of Articles 20 and 21 of Convention No. 162. It is essential to take measures to ensure that records of the monitoring of the working environment and of workers’ exposure to asbestos are kept for a prescribed period. Furthermore, in accordance with Article 20(3) and (4) of the Convention, it must be ensured that affected workers, their representatives and the inspection services have access to these records, as well as the possibility to request the monitoring of the working environment and to appeal to the competent authority regarding the results of such monitoring. The Committee of Experts also reiterated the need for workers to be informed in an adequate and appropriate manner of the results of their medical examinations and to receive individual advice concerning their health in relation to their work.

Finally, it does not appear from the information provided that specific measures have been taken to ensure that, where continued assignment to work involving exposure to asbestos is medically inadvisable, every effort is made, consistent with national conditions and practice, to ensure that the Government provides the workers concerned with other means of maintaining their income. We therefore call on the Government to provide detailed information on the measures taken or planned to implement these provisions.

In conclusion, the Employers wish to express their support for the approach adopted by the Committee of Experts in examining Conventions Nos 162 and 167 together. We reiterate our appreciation of the information provided to this Committee. We hope that the strong commitment expressed by the Government will be translated into concrete action aimed at improving the OSH of workers, especially with regard to exposure to asbestos and safety in construction.

Worker members – I would like to begin by reaffirming an essential principle of the ILO standards system. The ratification of an international labour Convention gives rise to a dual legal and political responsibility for the Member State. It implies the obligation to both comply effectively with the substantive standards established in the instrument and to respect the commitments arising from the international supervisory mechanism, which is based on social dialogue and systematic information-sharing through the submission of periodic reports. These two dimensions are inseparable: without information there is no supervision and without supervision there is no guarantee of compliance, nor the possibility to redress shortcomings. The international standards system is based on good faith, but also on traceability. The provision of regular and full reports is not an accessory requirement, it is an essential pillar of the institutional model of this Organization.

The case of the Plurinational State of Bolivia reveals a worrying and ongoing omission with respect to these obligations. With regard to Convention No. 162, the Committee of Experts has reiterated that no information has been received since 2004 on the manner in which the country has implemented provisions to protect workers against exposure to asbestos. This administrative silence is all the more alarming considering the nature of the risk.

As the Committee of Experts has recalled, all forms of asbestos are classified as known human carcinogens and in 2006 the Conference adopted a resolution emphasizing that the elimination of the future use of asbestos and the proper management of asbestos currently in place are the most effective means to prevent diseases and deaths. The Plurinational State of Bolivia lacks specific legislation regulating asbestos in all sectors.

While there are environmental standards that recognize the extremely dangerous nature of this substance, they are limited to the industrial and mining sectors.

The Committee of Experts has highlighted the urgent need for the adoption of legislative measures in consultation with employers and workers, and for the effective application of Articles 9, 10, 11 and 12 of Convention No. 162, which require measures to control and prohibit the use of crocidolite and spraying.

Even more worrying, the Government has not provided information on the implementation of Article 16 of Convention No. 162, which establishes the obligation for employers to take practical measures for the prevention and control of exposure to asbestos. Nor has it established the right of workers to have access to the records of the monitoring of the working environment, or prescribed minimum periods for them to be kept, which is contrary to Article 20 of Convention No. 162.

These gaps include medical protection. The Committee of Experts has insisted that specific measures must be adopted to ensure that workers are informed in an adequate manner of the results of their medical examinations and are provided with alternative work when they cannot continue to carry out work involving exposure to asbestos, in accordance with Article 21 of the Convention. This reveals not only an administrative omission, but also a systematic and structural failure of compliance, which poses a risk to the lives and health of thousands of workers.

The situation does not improve when analysing Convention No. 167. The Plurinational State of Bolivia has also failed to provide recent reports on this instrument. The Committee of Experts has noted that the national legislation does not set out the requirement to stop the operation and evacuate workers in the event of imminent risk, as required by Article 12 of Convention No. 167. It should be recalled that Convention No. 167 protects one of the sectors with the highest rates of accidents. Failure to comply with the Convention makes it difficult to verify whether the Plurinational State of Bolivia is adopting preventive measures by training its workers and adequately monitoring the conditions of building works.

Conventions Nos 162 and 167, although technical, are part of the body of standards on OSH protection, which is a category recognized by the Conference as a fundamental right. These are not secondary obligations. They relate to the lives, health, and physical and moral safety of workers.

The Workers’ group considers that this lack of sustained compliance not only affects Bolivian workers, but also weakens the multilateral standards system. The effectiveness of the system depends on the active and responsible participation of States. The technical, impartial and substantiated supervision carried out by the Committee of Experts cannot fulfil its function if it does not receive the minimum necessary input. This is not an isolated complaint, but rather a collective concern.

The reports to be provided by States are not procedural or symbolic gestures, but tools for the assessment of transparency and institutional co-responsibility. We therefore urge the Government to urgently reconsider its action, reinstate the mechanisms of institutional dialogue with this Organization and act with the due diligence required by the fundamental human rights of its workers.

Employer member, Plurinational State of Bolivia – We would like to thank the Government of the Plurinational State of Bolivia for its presentation on the use of asbestos in relation to Conventions Nos 162 and 167. We would also like to express our agreement with the statements made by the Employer and Worker spokespersons.

We would like to inform you that the Confederation of Private Employers of Bolivia (CEPB), together with the ILO, has carried out work on issues such as asbestos, its use, the danger it poses for health and the applicable rules in the case of the use of asbestos.

Among the safety considerations that were noted, it was concluded that there were permissible levels of exposure, ongoing monitoring that must be carried out continually, especially for people who use or are exposed to the use of this substance, the application of controls, and the protection of workers. Certain important recommendations were also made, such as measurements to be carried out for monitoring, the medical reports that must be drawn up for workers, especially those exposed to these substances, and training for those concerned. The recommendations to be taken into account include precautions when working with asbestos. As we have said, all of this is in accordance with Conventions Nos 162 and 167, as previous speakers have already explained.

In the case of the Plurinational State of Bolivia, I would also like to tell you that the most important issue from the enterprise perspective is the use of asbestos in roofing, which has already been voluntarily discontinued.

Worker member, Plurinational State of Bolivia – I am speaking on behalf the Bolivian Central of Workers, which represents all workers in the Plurinational State of Bolivia. Convention No. 162 has clearly shown us that the use of asbestos in industry, the automotive industry, construction and mining, is a hazard to health. Its microscopic and carcinogenic fibres, which mainly affect the lungs, have caused many workers to suffer from a very serious disease. We, as workers, therefore call for effect to be given to Convention No. 162 once and for all, and for the ILO to monitor the different aspects in this regard.

We recognize that the Plurinational State of Bolivia is undergoing a process of industrialization and, precisely because of this, some enterprises are moving away from the use of asbestos towards other similar materials in order to avoid the harm caused mainly to humans, as well as to other living beings.

We know that starting to replace chrysotile, amosite, crocidolite and actinolite, is not enough. We know perfectly well that the safety measures that, we, as workers, are demanding in areas such as health, permissible levels of exposure to these substances which are hazardous to health, the protection of workers, mainly through occupational safety, regular medical reports that unfortunately do not reach the beneficiaries, and the constant handling of all these materials, are directly related to, for example, Convention No. 167. And here we are talking about construction being linked to the hazards caused by asbestos.

In the Plurinational State of Bolivia, we have buildings with roofs that, to this day, are made of asbestos, as well as asbestos tanks and pipes. Enterprises constructing new buildings make use of our construction workers, who are bound to work with these harmful substances. However, something is missing here.

What is missing is precisely the occupational safety that many employers are failing to ensure, and when I say occupational safety, I am referring mainly to protection measures for workers, which must be provided to workers.

This necessarily implies a financial cost for employers. However, the fact is that we need, once and for all, to give effect to all the various Articles of the ILO Conventions that apply to us as workers in the Plurinational State of Bolivia.

We, as workers, demand compliance with these standards because, after all, these hazards do not only affect workers, but also inevitably their families. Most importantly, occupational safety must be genuine and ensured by the State. In this case, the relevant Ministry mandated by law must ensure strict and thorough monitoring. Thus, it may be possible to avoid the potentially harmful consequences for Bolivian families, and particularly for each and every worker.

We therefore respectfully request that the recommendations are binding on the Government and the private sector.

Government member, Peru – I have the honour to make this statement on behalf of a group of Latin American and Caribbean countries, namely Chile, Colombia, Costa Rica, Cuba, Ecuador, El Salvador, Guatemala, Honduras, Panama, Paraguay, Peru and the Bolivarian Republic of Venezuela. We welcome and appreciate the information provided by the Deputy Minister for Employment, the Civil Service and Cooperatives, on behalf of the Plurinational State of Bolivia, on the action taken for the application of Conventions Nos 162 and 167.

We express our appreciation of the efforts being made by the Plurinational State of Bolivia, including, as reported, the General Act on Occupational Safety, Health and Welfare, the adoption of regulations establishing asbestos as a carcinogenic and highly dangerous substance, and Ministerial Decision No. 992 of 2023, which approves the technical safety standard and regulates the mandatory submission of OSH management programmes and establishes guidelines and standards for OSH management.

We also appreciate the recommendations made by the Committee of Experts to the Plurinational State of Bolivia, which promotes the implementation of its regulations on the prevention and control of health hazards for workers and the reduction of exposure to asbestos, in coordination with the organizations concerned.

We therefore encourage the State to continue its efforts to implement Conventions Nos 162 and 167 and to take into account the recommendations of the Committee of Experts to strengthen its regulations so that they specifically regulate the use of asbestos.

The Latin America and Caribbean region has made significant progress in the application of Conventions Nos 162 and 167 and in the adoption of relevant measures to prevent, control and reduce the use of asbestos, and we therefore welcome the country’s openness to developing regional cooperation projects for this purpose.

We encourage you to continue your approaches to specialized regional and international institutions and organizations to promote inter-institutional cooperation for training in the use of asbestos and the promotion of OSH.

Interpretation from Russian: Government member, Belarus – We are grateful to the delegation of the Plurinational State of Bolivia for the presentation of detailed information on the issue under consideration. We welcome what has been done by the Government at both legislative and practical levels, that is to say the measures that have been taken to protect the lawful rights and interests of workers who are exposed to the impact of asbestos in the course of work. We also commend the willingness shown to work on the issue of reducing the negative impact of asbestos with the World Health Organization. Taking into account what has been demonstrated by the Government, that is its commitment to fulfilling the obligations it has accepted within the framework of ratified Conventions, we call upon the ILO to give the country technical assistance for the attainment of these goals.

Worker member, Switzerland – This statement is supported by Australian workers. In 2022, the Conference decided by consensus to include the right to a safe and healthy working environment in the framework of fundamental principles and rights at work. All ILO Member States committed to promote safety and health as a fundamental right. This includes the obligation to share information on the risks of substances and their safe and proper use.

However, the inclusion of chrysotile asbestos in Annex III to the Rotterdam Convention, which allows the establishment of a prior informed consent procedure for the exchange of information on health hazards, has been blocked for nearly 20 years by a very small number of ILO Member States, which are also signatories to the Convention. I note that the Plurinational State of Bolivia is not among the countries blocking this measure, which would significantly strengthen the protection of workers exposed to this hazardous substance.

It should be recalled that each year around 1 million workers die from exposure to hazardous chemicals, including over 200,000 from asbestos-related diseases.

In the case of the Plurinational State of Bolivia, which is under examination here, the Committee of Experts notes in its report that neither the OSH management systems nor the related standards contain specific regulations on asbestos. It therefore requests the Government to ensure that national laws or regulations prescribe specific measures for the prevention and control of health hazards related to occupational exposure to asbestos in all sectors and industries. The Committee of Experts also requests the Government to ensure that employers are held responsible for the establishment and implementation of practical measures for the prevention and control of the exposure of workers to asbestos. We call on the Government of the Plurinational State of Bolivia to give effect to these recommendations of the Committee of Experts.

However, to prevent a small number of countries from undermining the decision taken by the Conference in 2022 to guarantee the right to a safe and healthy working environment as a fundamental right at work, it is essential for all ILO Member States that are also signatories to the Rotterdam Convention to work actively for a reform of that Convention, with a view to incorporating a prior informed consent procedure in order to guarantee the right to information on the risks of highly hazardous substances such as chrysotile asbestos. This would constitute an important means for the Plurinational State of Bolivia, as well as for other States, to ensure compliance with ILO Conventions Nos 162 and 167.

Government member, Cuba – The delegation of Cuba acknowledges the significant progress made by the Plurinational State of Bolivia in the protection of the safety and health of its workers. The Plurinational State of Bolivia has demonstrated a firm commitment to social justice and decent work by implementing specific measures to strengthen its labour regulations and ensure decent and safe working conditions.

The ratification and implementation of Conventions Nos 162 and 167 reflect the will of the Plurinational State of Bolivia to align itself with international standards and make progress in the prevention of occupational risks.

Through the modernization of its legislation, rigorous monitoring of hazardous substances and specialized training, the Plurinational State of Bolivia is becoming a model in the region for occupational safety management. In compliance with the comments on Convention No. 167, the Plurinational State of Bolivia has adopted 15 technical safety standards which establish specific protocols for the construction sector. Among the most relevant are the standards on working at heights, handling ladders, the use of scaffolding, excavations and work in confined spaces, all with clear provisions to ensure the immediate evacuation of workers and stoppage of operations in the event of imminent risks.

The country has also strengthened its legal framework with Supreme Decree No. 2936 issuing regulations on the application of Convention No. 167 and requiring employers to take immediate action in the event of serious danger to the safety of workers.

Cuba welcomes this progress and reaffirms its support for international cooperation to continue strengthening OSH policies. Worker protection is a shared priority, and the path taken by the Plurinational State of Bolivia is an example of commitment to welfare and sustainable development.

Worker member, Honduras – I would like to recall that the Committee of Experts has made observations on these Conventions and, in accordance with the Preamble to the ILO Constitution, which provides that: “… whereas conditions of labour exist involving such injustice, hardship and privation to large numbers of people as to produce unrest so great that the peace and harmony of the world are imperilled; and an improvement of those conditions is urgently required; as, for example, by … the protection of the worker against sickness, disease and injury arising out of this employment …”.

In view of the above, it should be recalled that, although the Plurinational State of Bolivia has general standards and regulations on OSH, they do not explicitly provide for the prevention or control of exposure to asbestos. Nor do they establish specific measures for the replacement or prohibition of this substance, or guarantee procedures that ensure that workers are properly examined, treated and informed about their state of health in relation to such exposure. All of this would be essential to ensure the full application of Convention No. 162.

The State must therefore adopt clear and effective measures to prevent, protect and control the health hazards due to occupational exposure to asbestos in all branches of industry, not just manufacturing. These measures include: a total or partial prohibition of the use of this substance in the various work activities or processes involving contact with it, and the implementation of effective controls to prevent or reduce the emission of asbestos dust into the air, ensuring compliance with exposure limits and seeking to reduce them.

It should be recalled that, since 2006, the Conference has recognized that all forms of asbestos, including chrysotile, are classified as extremely hazardous substances and therefore carcinogenic to humans, according to the International Agency for Research on Cancer (IARC). The Conference has expressed its deep concern at the risks faced by workers, not only in specific sectors, but also in activities such as asbestos removal, demolition, building maintenance, shipbreaking and waste handling. It has therefore urged States to adopt OSH measures for the effective protection of all exposed workers.

In accordance with the commitments assumed by the Plurinational State of Bolivia as a Member of the ILO, it is necessary for it to adopt and align its legislation through specific agreed provisions that are fully applicable in all sectors, based on effective consultations and genuine social dialogue with the actors involved. The objective is to effectively guarantee the safety and health of workers by ensuring their security and promoting dignity at work, starting with the effective deployment of labour inspection to monitor compliance by employers and thus prevent the health risks arising from occupational exposure to asbestos.

It is ten years since the Plurinational State of Bolivia ratified Convention No. 167 and it is unjustifiable that it has still not brought the national legislation into line with the text of the Convention. We therefore reiterate our demand for the Bolivian State to establish in its legislation the essential guarantees to ensure that workers in all sectors enjoy a safe and healthy working environment, thus ensuring the safety of workers, both under normal conditions and in situations that require the stoppage of an operation or the evacuation of workers in the event of an imminent and serious threat to their safety.

All these legislative measures must be reinforced by the strengthening of labour inspection systems, the provision to them of the financial and human resources necessary to ensure the monitoring and effective enforcement of prevention measures and safety standards, the provision of personal protective equipment and the existence of optimum conditions in workplaces.

In this regard, in order to give full expression to, and ensure compliance with these Conventions, it is essential to have the support of this Organization so that the necessary measures are adopted in Bolivian legislation to guarantee the fundamental right to OSH and, in particular, the protection of workers against occupational diseases.

Government member, Bolivarian Republic of Venezuela – The Government of the Bolivarian Republic of Venezuela aligns itself with the statement made by Peru on behalf of a group of Latin American and Caribbean countries and conveys its sincere thanks for the information provided by the Deputy Minister, Mr Gonzalo Zambrana, representative of the Government of the Plurinational State of Bolivia, with regard to the action taken for the application of Conventions Nos 162 and 167.

We recognize the progress made by the Plurinational State of Bolivia in regulating the use of asbestos based on national and international standards, and we highlight the country’s commitment to protecting OSH in accordance with these Conventions. In this regard, we emphasize the importance of continuous training and the implementation of effective preventive measures to reduce the associated risks.

We emphasize the need to strengthen international cooperation so that the Plurinational State of Bolivia can consolidate and broaden existing action and standards, including environmental monitoring and the identification of hazardous substances.

In conclusion, we welcome the will of the Plurinational State of Bolivia to continue promoting a safe and responsible work environment in compliance with labour and human rights, and we reiterate our support for the continued provision by the ILO of the necessary support for these efforts.

Government member, Honduras – Honduras welcomes and notes the information provided by the Plurinational State of Bolivia and the social partners relating to Conventions Nos 162 and 167.

According to our information, the construction sector represents 4 per cent of Gross Domestic Product in the economy of the Plurinational State of Bolivia and generates around 9 per cent of jobs in the country.

We consider that there has been some progress in the regulations on the safe use of asbestos which, through the General Act on Occupational Safety and Health, and Welfare, seek to guarantee adequate conditions of health, safety and well-being at work. The regulations require companies to adopt the necessary and obligatory measures for prevention and the protection of health in the event of exposure to hazardous substances at work.

Although we note the progress made, we are aware of the challenges, and particularly those related to the effective management of existing substances and awareness-raising among the social partners of the risks related to these substances in the construction sector.

We believe that it is important for the Plurinational State of Bolivia to be able to make progress in establishing public policies that promote the prevention of exposure, the strengthening of the regulations and the provision of adequate training to persons handling these substances.

We believe that, through technical assistance, the Office can play a decisive role in addressing these challenges.

It is vital to recognize the institutional efforts made, while making clear and verifiable recommendations that strengthen effective compliance with the Convention and help to continue the work that has been started.

We encourage the Plurinational State of Bolivia to continue making progress in identification, training, control measures, removal and environmental monitoring with the aim of ensuring that airborne asbestos fibre levels are within safe limits and that workers’ health is not affected.

We recognize the will of the Plurinational State of Bolivia, as expressed in its 15 technical standards and their compliance with Convention No. 167, which demonstrates the commitment to give effect to the Conventions.

We believe that it is important to sustain this progress and protect workers’ health at the workplace. Moreover, so that the Plurinational State of Bolivia knows that it is not alone, we suggest that the Office should provide it with technical assistance to strengthen inter-agency action so that the Plurinational State of Bolivia, while upholding sovereignty and through tripartite dialogue, can continue working for the good and the well-being of its people.

Government member, El Salvador – El Salvador aligns itself with the statement made by Peru and welcomes the information supplied by the Plurinational State of Bolivia on compliance with Conventions Nos 162 and 167. We recognize the progress described by the Plurinational State of Bolivia in the protection of workers’ health and safety. We particularly welcome the implementation of Technical Safety Standard No. 09/23, which establishes guidance on OSH management, including specific provisions on hazardous chemicals such as asbestos. We also highlight the inclusion of asbestos in key sectoral regulations, thereby strengthening the existing normative framework for its regulation. We appreciate the immediate action that is being taken, such the provision of specialized training for workers, the application of control measures and the safe removal of these substances by trained personnel.

We are convinced that constructive dialogue and the strengthening of institutional capacities are fundamental pillars for progress towards the objective of Conventions Nos 162 and 167.

We particularly recognize the action to be taken to prevent exposure, strengthen regulation and ensure adequate training for workers who handle these substances, particularly in the most vulnerable sectors.

We also emphasize that this action is being implemented in a coordinated manner with the participation of the main health, environmental and labour authorities, which, for El Salvador, is fundamental to ensuring their efficiency and integrity through an intersectoral approach.

Regarding Convention No. 167, El Salvador welcomes the information provided on the 15 technical safety standards adopted by the Plurinational State of Bolivia, particularly those covering the construction sector, such as the technical safety standards on work at heights and the OSH work plan.

In conclusion, we encourage the Government to continue making progress in harmonizing its national regulations with Conventions Nos 162 and 167, and to continue strengthening international cooperation with the aim of ensuring the review and continued improvement of compliance with both instruments.

Government representative – In the first place, I would like to supplement the report that I made by referring to Convention No. 167 in relation to the comment concerning the measures necessary to ensure that employers are required to stop the operation and, if necessary, evacuate workers where there is an imminent and serious danger to their safety. In this regard the Plurinational State of Bolivia now has 15 technical safety standards, of which the most specific for the construction sector refer to compliance with the comments relating to Convention No. 167.

In other words, these technical standards have been specifically developed on the basis of the provisions of Convention No. 167, which has been ratified by the Plurinational State of Bolivia. There are technical standards on work at heights, Technical Standard No. 4 on the handling of ladders, Technical Standard No. 5 on scaffolding, Technical Standard No. 6 on demolition work, Technical Standard No. 7 on excavation work, Technical Standard No. 8 on work in confined spaces and Technical Standard No. 9 on the OSH management programme in which, in various provisions under the procedures and protocols established in these technical standards, action protocols are set out which have to be followed by employers in the event of the existence of an imminent risk or emergency in the specific construction activity, specifying how to carry out the evacuation and the action to be taken in the event of the compulsory stoppage of operations in the sector.

I therefore repeat that these standards have been formulated on the basis of ILO Convention No. 167, which has been ratified by the Plurinational State of Bolivia.

The Plurinational State of Bolivia is a country which has demonstrated for the past 20 years its interest and will to improve the conditions of the people in general, and of workers in particular. In this regard, progress has been made in increasing wages. While there are other countries where difficulties exist for wage increases, in the Plurinational State of Bolivia this has become a public policy which is adopted annually on behalf of the workers.

The single health system has been established in the Plurinational State of Bolivia, which ensures universal access for workers, whether they are employed or work on their own account.

This means that it absolutely cannot be claimed that the Plurinational State of Bolivia has not given effect to the rights of workers. Moreover, as indicated at the beginning of the discussion, the Plurinational State of Bolivia comes with a constructive attitude and the desire to demonstrate that, although there has been fundamental progress in relation to the rights of workers and the rights of persons in general, through access to a series of public policies, there are clearly other areas, as you have indicated, in which difficulties have been experienced in moving forward. When I referred to a constructive attitude, I meant that, although there have been limitations in recent years in compliance with Conventions Nos 162 and 167, I appreciate the views expressed by the Group of Latin American and Caribbean countries, Belarus, Cuba, the Bolivarian Republic of Venezuela, Honduras and El Salvador, which have understood the spirit and the efforts that hare being made by the Plurinational State of Bolivia, and the constructive attitude to resolving matters going forward. They have also understood the information that we have provided, both in my intervention, and particularly in the reports that the Plurinational State of Bolivia provided in 2023. Nevertheless, nor can I overlook, because they are overshadowing the discussion, the comments that have been made, which are more of a punitive nature.

It is not true to say that the Plurinational State of Bolivia has not been in compliance for many years or that it has not provided reports since 2004, because the Plurinational State of Bolivia has presented a more detailed report on each of the matters raised in the document, which I have explained point by point. This therefore to a large extent explains why the measures to protect the rights of workers, in relation to the use of asbestos and with reference to workers in construction and the related hazards, do not necessarily need to be set out in a law. There can be lower ranking provisions, such as decrees and ministerial decisions, or the technical standards that we have formulated on the basis of Convention No. 167.

What I am therefore asking, through the Chair, is that those who have not had occasion to review the reports provided by the Plurinational State of Bolivia, which contain all the details and provide fuller explanations than I have been able to do, should consider that these are the factors that are enabling us to give effect to the commitment that we have now assumed. All the elements that I have described, related to multisectoral work, are the ones that we need to implement going forward to update our standards. The approach to these elements can also be observed in consultations, which is clearly an element that we consider relevant. Moreover, we value this effort and the offers made by certain countries to develop a discussion platform, as we recognize that it is necessary to obtain information in order to formulate the standards and policies that will enable us to give effect much more fully to Conventions Nos 162 and 167. In this regard, I also call on the ILO, and in particular I reaffirm the commitment of the Plurinational State of Bolivia to take action to address this as we have been doing, both at the institutional level and through coordination with the ILO.

In other words, we accept the comments that are contained in the ILO report and we hope that on this basis we will be able to make progress going forward through joint efforts with the ILO and other friendly countries.

Worker members – On behalf of the Worker members, I would like to thank the Government of the Plurinational State of Bolivia for its participation in this discussion and for all its contributions, as well as the contributions of the governments, workers and employers’ organizations here today. We particularly appreciate the effort to provide background information and the expressions of willingness to engage in dialogue.

This exchange, however brief, has highlighted the importance of strengthening mechanisms for tripartite consultation and social dialogue, which are fundamental pillars of the Organization’s standards supervisory system. Even where there are differences of analysis or approach, we recognize that the commitment to technical and transparent discussion is the first step to overcoming challenges.

In this regard, we would like to reaffirm that the Workers’ group is not seeking penalties or warnings, but effective compliance with the commitments made by States through the ratification of Conventions. Hence, we urge the Government to undertake a process of legislative and administrative reforms in order to comply with the obligations of Conventions Nos 162 and 167.

Both instruments, as already said, are part of the body of standards that protect workers’ safety and health, recognized as fundamental labour rights by this very Conference. Their effective implementation not only prevents diseases and accidents, but also contributes to improving the quality of employment and decent work.

We therefore request the Office to provide the Government with the necessary technical assistance, both to revise and update its legislation, and to build institutional capacities for prevention, inspection, monitoring and protection in all sectors, and not only in those that are already partially regulated.

We firmly believe that ILO technical support can be a key instrument in channelling efforts towards progressive and enduring compliance based on dialogue.

Finally, we reiterate our willingness to continue this constructive exchange in a climate of mutual respect, effective social dialogue and the common pursuit of social justice.

Employer members – In their concluding observations on this case, the Employer members would like to thank the Government of the Plurinational State of Bolivia once again for the additional information it has provided, as well as thanking the other people who have made contributions.

We regret the perception of the Government representative of the Plurinational State of Bolivia regarding the supposedly punitive nature of this exercise, in view of the complexity of the situation and the repeated concerns expressed by the Committee of Experts at the persistent shortcomings in the national legislation in giving full effect to the provisions of Conventions Nos 162 and 167.

We reiterate our commitment to this case. The Employers emphasize that we cannot overlook the need to strengthen the protection of workers from exposure to asbestos and construction hazards, which have a significant impact on their occupational safety and health.

We share the concerns expressed by the Committee of Experts, as the lack of concrete and specific measures and the absence of effective tripartite consultation represent significant challenges to ensuring the development of sustainable and effective OSH policies.

In light of the recent debate, the Employers’ group would like to recommend the Bolivian Government to intensify its efforts to:

• (1) adopt without delay concrete and specific measures that supplement the existing generic framework and ensure the full application of the provisions of Conventions Nos 162 and 167. This includes prohibiting the use of crocidolite and asbestos spraying, ensuring that demolition and asbestos removal is only carried out by qualified employers and contractors, establishing clear exposure limits and providing protective respiratory equipment and special protective clothing;
• (2) ensure that, in the event of an imminent and serious threat to the safety of construction workers, employers take immediate steps to stop operations and evacuate workers in the event of imminent danger to their safety, as we have said;
• (3) ensure effective and institutionalized consultation with the most representative employers’ and workers’ organizations at all stages of the design, implementation, review and monitoring of OSH policies and measures, especially with regard to asbestos and construction;
• (4) provide detailed information on the measures taken or planned to implement the essential provisions that ensure compliance with the Conventions under discussion today, including the keeping of records of the monitoring of the working environment and the exposure of workers to asbestos, access to these records by workers and their representatives, and the right to request such monitoring and to appeal to the competent authority; and
• (5) ensure that workers are informed in an adequate and appropriate manner of the results of their medical examinations and receive individual advice concerning their health in relation to their work.

We take note of the Government’s request for ILO technical assistance in preparing article 22 reports and we hope that the Plurinational State of Bolivia will continue to work with the support of international cooperation, including the ILO, to strengthen the capacity of public officials, as well as employers’ and workers’ organizations, to design and implement effective and sustainable strategies to improve OSH in the country.

The Employers hope that the Government’s commitment will translate into specific measures to ensure compliance with the Conventions and that we will soon witness significant progress in the situation described to us.

Conclusions of the Committee

The Committee took note of the oral and written information provided by the Government and the discussion that followed.

The Committee noted with concern that the national occupational health and safety regulations did not contain specific regulations on asbestos and recalled that a safe and healthy environment is a fundamental principle and right at work.

Taking the discussion into account, the Committee urged the Government to take effective and time bound measures to:

• initiate legislative measures, after full consultation with the most representative employers’ and workers’ organizations, considering the recommendations of the ILO supervisory bodies, to guarantee the full compliance of national law (including on policies for asbestos and construction; risk prevention and control; disability and inclusion; and on the provision of respiratory protection equipment and special protective clothing) and practice with the Convention;
• adopt, without delay, in consultation with the most representative employers’ and workers’ organizations, concrete and specific measures to complement the existing framework and ensure the full implementation of the Convention in all sectors and industries;
• ensure that records of monitoring the working environment and workers’ exposure to asbestos are maintained for a prescribed period, and that the workers concerned, their representatives, and the inspection services have access to those records, as well as the right to request monitoring of the working environment and to appeal to the competent authority regarding the results of such monitoring;
• adopt specific measures without delay to ensure, in line with the Convention, that workers are informed in an adequate and appropriate manner of the results of their medical examinations and receive advice concerning their health in relation to their work in situations involving exposure to asbestos.

The Committee requested the Government to provide detailed and complete information on measures taken to implement these recommendations in line with the Convention by 1 September 2025.

Government representative – As I indicated on Tuesday, the Government of the Plurinational State of Bolivia has come with a constructive attitude and, in this spirit, we take on board the comments made by the Committee. We cannot fail to note that the Plurinational State of Bolivia is a country that clearly identifies with workers’ rights, as illustrated by the measures adopted in relation to these two Conventions, over and above the ILO’s recommendations, based on the commitment of the Bolivian Government to workers.

We note that concern is expressed in the conclusions that the Plurinational State of Bolivia has not adopted specific provisions on asbestos. Both in the reports provided and the oral explanations that I gave, it is clear that the Plurinational State of Bolivia does indeed have standards, including standards from the 1990s, in which asbestos is specifically identified as a hazardous substance for workers. However, this has not been taken into consideration either in the comments made following the oral explanations, or in the conclusions.

While taking on board all the comments that have been made, I would like to make an observation on the methodology that is used in these comments. The comments are made by a group of experts who analyse a country and the action that is being taken by that country. Countries provide reports containing a set of information, and the Committee of Experts issues the report, which is then published. We then make an oral intervention and we hope that the information provided orally will be taken into consideration in the views that are then expressed by governments, employers and workers.

The Bolivian Government then makes a reply and gives its views on the whole procedure that has been followed, which is finally followed by the conclusions. Our comment is that everything appears to be prepared on the basis of the report of the Committee of Experts and, unfortunately, the comments that we have made orally have not been taken into consideration, particularly when indicating that the Plurinational State of Bolivia does not have standards. Yes, it does have standards, as noted in the report. We consider that the comments made by the Committee following the oral intervention and the views expressed by Governments should reflect more exhaustively the information that has been provided and the clarifications made orally. It would appear that these have not been taken into consideration adequately.