Doc. 8015

11 February 1998

Dangers of asbestos for workers and the environment

Report

Social, Health and Family Affairs Committee

Rapporteur : Mr Tom Cox, United Kingdom, Socialist Group

Summary

Ever since the health dangers of asbestos were discovered in the 1960s and there was widespread concern, many countries have introduced regulations on asbestos use, disposal and removal. However, these measures, though sometimes stringent, are not enough to eliminate all risks.

      The report therefore advocates that legislative action for a total ban would be the only effective solution to this problem in the medium-term. It also encourages further research into asbestos substitutes.

      Even if the use of asbestos were to be eliminated in Europe, the problem remains preoccupying in other countries, especially within the Third World, and this requires special measures on the export of asbestos contained products.

I.       Draft recommendation

1.       The pathogenic consequences of significant exposure to asbestos are now clearly proven and that even slight exposure to asbestos appears to entail serious health risks.

2.       The Assembly is aware of the situation in Council of Europe member states regarding the use of asbestos, and of the work of a number of international organisations, such as the EU, the ILO, WHO and OECD.

3.       It is convinced that radical measures are needed where adequate regulations do not exist and that such measures should be co-ordinated between member states.

4.       Several factors have led to the development of asbestos substitutes including scientific research, public awareness of the dangers of asbestos and initiatives by certain companies who have seen a need for such products. These asbestos substitutes are less hazardous to humans and given the above developments some countries have introduced bans on asbestos use with success; the Assembly therefore welcomes ongoing research into the use of substitutes.

5.       The use of asbestos should be eliminated where current technological knowledge permits, the handling of asbestos in any form should be subject to stringent health and safety regulations, and past, present and possible future use must be placed under strict supervision;

6.       Solutions to the problems posed by asbestos should not be limited to reducing the extent of asbestos use, nor to Europe alone. Member states should be concerned about the situation in other parts of the world and adopt measures to combat the harmful effects of asbestos in the health and social fields over several decades;

7.       The asbestos situation in Europe varies from country to country. The Assembly stresses in particular that national laws, while largely restrictive, do not all limit the use of asbestos to the same extent, and also that the wide diversity of scientific methods and units of measurement often makes it harder to compare national situations and constitutes an obstacle to co-operation between states, that the public, and particularly workers, are not uniformly aware of the dangers of asbestos, which prevents most of them from taking precautions, and that financial and technical resources are concentrated in some countries and lacking in others.

8.       The Assembly accordingly asks the Committee of Ministers to invite member states to act and take the following measures:

in the medium term

i.       eliminate asbestos use except for technically appropriate cases in accordance with a time-table geared to what is nationally possible, opting for an increase in the use of less pathogenic substances than asbestos and introducing an effective monitoring system;

ii.       set up the medical and social facilities needed to deal with the foreseeable increase in the number of persons suffering from asbestos-related diseases, given the latent nature of those diseases;

iii.       introduce environmental rehabilitation policies for areas, primarily mining and industrial sites, which have been significantly exposed to asbestos;

iv.       make provision for the retraining of asbestos workers in related fields, such as asbestos removal and, more broadly, environmental rehabilitation;

in the short term

v.       draw on the work done by international organisations in this field and, in particular, on ILO Convention No. 162 and Recommendation No. 172, the ILO Codes of Practice, European Union directives and utilise the wide experience of countries such as Denmark who have had an asbestos ban in place since 1987 in order to:

      a. extend protection and information measures concerning the harmful effects of asbestos to workers in all potentially hazardous occupations, and particularly those where exposure to asbestos is only indirectly linked to the production process (electricians, car mechanics, etc.),

      b. identify old asbestos installations and eliminate new applications,

      c. provide proper medical supervision for workers by strengthening the role and resources of occupational medical services, making them independent of firms and enabling them to continue monitoring workers who move to other firms;

vi.       improve social coverage for sick workers by extensively recognising asbestos-related occupational diseases, and specifically not making such recognition conditional on the patient's producing proof of occupational exposure and by giving doctors a greater role in informing patients of the possibly occupational nature of their illness;

vii.       provide adequate health and social coverage for patients suffering from asbestos-related illnesses which have not been shown to be occupational;

viii.       give the public the information they need to recognise dangerous situations and practices in daily life and react appropriately;

ix.       encourage co-operation between scientific bodies in various countries to facilitate comparison of the effects of national measures and provide a clearer picture of national situations;

9.       The Assembly also thinks it essential that the countries of Europe should conclude multilateral agreements, for example in the framework of the EU co-operation agreements, in order to:

i.       encourage the exchange of information, and of technical and human resources, with a view to measuring asbestos concentrations and eliminating future asbestos use in all parts of Europe;

ii.       draw the attention of non-European countries to the dangers of asbestos use, especially in countries where rapid urban growth and a lack of resources together create a situation where use of this substance is inadequately controlled;

iii.       maintain with producing countries relations which ensure that health standards at production sites are as stringent as possible;

10.       The Assembly calls for the rapid development of civil society and for strengthening of the role of the social partners in order to

i.       promote, in firms and in professional sectors or groups, information, reflection and the taking of decisions on health and safety at work, to ensure, inter alia, that employees overcome their fatalistic attitude to the effects of working conditions on health;

ii. inform the public of the standards which must be respected when asbestos is being used or destroyed, and when air is being monitored, and also inform them of the legal remedies available when these standards are violated.

11. The Assembly also calls on member states to seek to ensure that asbestos contained aproducts are not exported to other countries especially within the Third World, where legislation is less restrictive or not existent.

II. Explanatory memorandum by Mr Cox

Introduction

1.       Ever since it was discovered, asbestos has played a primary role in the development of industrial societies. A natural substance, it is remarkably durable, resistant to heat, abrasion and certain chemical agents. Because of these qualities, it has been used for a variety of both industrial and domestic purposes since the end of the 19th century.

2.       Before achieving its present notoriety, asbestos was, for most people, synonymous with progress. Its properties were exploited to make electricity widely available until the 50s and to manufacture fire-proof clothing in Italy from 1850. Its industrial applications spread more rapidly once mass production arrived, particularly in the building and shipbuilding industries.

3.       When industry first started using asbestos, some isolated cases of illness were recorded, but the causes were never clearly traced. People gave the matter little thought, being used to the idea that industrialisation sometimes had dramatic effects on human health, and its extraordinary potential for progress made sure that asbestos continued to be used on a large scale.

4.       It was not until the 1930s that the health dangers of asbestos were really appreciated. As medical research methods improved, and serious, largely occupational, illnesses were shown to be directly caused by asbestos exposure, there was widespread concern about its safety from the 1960s on.

5.       Most countries now have regulations on asbestos pollution, disposal, removal and use - but these measures, however stringent, are not enough to eliminate the risks.

6.       The Council of Europe Parliamentary Assembly's Social, Health and Family Affairs Committee has sent a questionnaire to the national delegations of member states, with a view to identifying current dangers to workers and the environment from asbestos.

7.       The rapporteur and the Committee as a whole are sincerely grateful to the member states, listed in the appendix, which have completed the questionnaire. The questionnaire and replies are available from the Committee Secretariat on request.

8.       In addition, the Social, Health and Family Affairs Committee held a hearing on the dangers of asbestos in Paris on 10 November 1997, to which a number of experts in the field were invited.

9.       This report is not intended to give an exhaustive picture of the situation in the various countries of Europe. The rapporteur simply wishes to highlight some problems concerning action to eliminate the dangers of asbestos to which the answers to the questionnaire have alerted him.

Current state of scientific and medical knowledge:

10.       There are numerous natural fibrous minerals. In their chemical composition, some of them qualify as asbestos. Typically, asbestiform minerals separate readily into fibres and then into very fine individual strands with a diamond varying from 0.2 μm to 0.02 μm.

11.       Although all asbestos fibres are dangerous to health, their harmful effects vary with the type of fibre. The finer and longer the fibres, the more hazardous they are. It is generally accepted that chrysotile fibres are the least pathogenic. Asbestos figures are dangerous because they remain in the body for a very long time.

12.       The risk of disease increases with the intensity and length of exposure to asbestos; it would appear, however, that a single, massive exposure can produce the same effects as prolonged exposure.

13.       Asbestos fibres are mainly inhaled into the body, and the respiratory system is the part specifically affected. The lungs and pleura are the area where serious conditions can develop. The main such conditions are:

14.       No clear link has been established between asbestos and other diseases or cancers in other parts of the body, although a causal link is thought to exist between exposure to asbestos and cancers in the stomach and intestines, the larynx and the ovaries.

The health situation

15.       Medically, it is not easy to quantify cases of disease caused entirely or partly by exposure to asbestos, largely because people are often unaware of exposure, particularly when this is domestic or environmental.

16.       The French press recently reported that 2,000 people had died of asbestos-related diseases in 1996. According to the UK's Health and Safety Executive (HSE) there are 3000 deaths a year in the UK. The HSE also estimate that this will rise to 10,000 deaths a year by 2020. Of course, estimates should be viewed with caution. At the same time, the element of doubt suggests that it is probably better to anticipate the worst and hope it does not happen, than to realise helplessly, at some future date, that the forecasts were accurate or, worse, too low.

17.       However, empirical data might suggest that the risk is a real one, as in Poland, where asbestos-related diseases have been recorded in people who have never worked with asbestos, but have lived in areas where it has been widely used (on roads, roofing tiles, etc.).

18.       In the late 80s, a Dutch health council report stated that approximately 600 people who had been heavily exposed to asbestos, died from asbestos-related diseases every year. In Poland, it is estimated, since asbestos-related diseases can stay latent from 20 to 40 years, that the incidence of these diseases will peak around the year 2015.

19.       The introduction of minimum exposure thresholds in Europe, particularly at work, have hopefully reduced the risks, but we have to admit, on the strength of what we now know, that these thresholds may well prove inadequate. They must therefore be reviewed as our knowledge increases and, above all, be set as low as possible to start with.

Standards and measurements:

20.       Measurement readings indicate the presence of environmental risks, but are averages and do not reflect maximum exposure. The quantities measured in the environment are far below the accepted thresholds, but undetected exposure remains a danger.

21.       One of the main problems in current asbestos research is a lack of uniformity and clarity in the methods and units used to measure airborne concentrations. National exposure thresholds cannot be compared from one country, or even one period, to another. Several measuring techniques are in use. Technically, these complement one another, but the regulations based on them vary widely.

22.       This diversity makes research and information on the dangers of asbestos difficult. The authorities concerned in the various countries of Europe should try to work out co-ordinated and uniform working methods.

23.       Measuring the concentration of asbestos fibres in the air is a difficult, technical business. Sophisticated equipment and highly specialised staff are needed to get reliable and accurate data - and this is very expensive.

24.       Since some countries have no laboratories equipped to measure asbestos concentrations in the air, it can only be hoped that co-ordinated action will soon be taken to share the technical and human resources which some parts of Europe have, and others lack.

Trade

25.       Asbestos consumption has fallen sharply in Europe over the last ten years.

26.       World asbestos consumption, which stood at 5 million tonnes in 1975, has not fallen as sharply as the various measures taken in the industrialised countries might have led one to expect. Instead, there has been a shift in consumption. While restrictions on use have led to a fall in asbestos consumption in the more developed countries, consumption has risen in the developing countries, where the regulations and supervision are often less stringent.

27.       We need to share our knowledge and resources to ensure that the dangers of asbestos are reduced throughout Council of Europe member countries at the same time, and that no one can exploit discrepancies for gain. We must ensure that the problems we are facing now are not repeated elsewhere in the decades to come.

28.       It would surely be irresponsible to close our markets to asbestos without considering how this is likely to affect other parts of the world. We must ensure that the experiences learnt by countries who have implemented bans in the past and the knock-on effects on the countries around them are passed on so that all can benefit.

29.       Furthermore, despite effective import controls, how can we be absolutely sure that goods containing asbestos, manufactured in places where production processes cannot be properly supervised, are not surreptitiously finding their way to countries where asbestos is prohibited? Only a universally rigorous restriction on the use of asbestos in specifically monitored fields can eliminate the risk of uncontrolled circulation of such products.

The current risks

30.       Asbestos is omnipresent in the environment and results from:

31.       Among the many asbestos applications current today, components for the building industry are by far the biggest consumer. In 1995, this sector accounted for 90% of Poland's total annual consumption of asbestos. Other applications include the manufacture of thermal and chemical insulation, and various domestic uses, primarily household appliances, etc.

32.       As the United Kingdom recognises, the main dangers derive less from the manufacture of asbestos products (for which, as far as we know, all countries now have exposure thresholds which are generally respected) than from the use of these products and the continuing presence in the environment of elements manufactured before the use of asbestos was restricted.

33.       Asbestos removal is normally subject to strict health regulations, but workers may be exposed to asbestos when demolishing buildings which have not been cleared of asbestos beforehand, doing work which damages asbestos-containing elements, handling such elements, working in asbestos-contaminated locations, etc.

34.       The rapporteur wishes to express his concern at the lack of effective protection for certain workers, such as car mechanics, electricians, plumbers, heating engineers, etc., who may come into contact with hazardous substances, such as asbestos, against which they are neither prepared nor equipped to protect themselves. This problem will continue for future generations of workers unless bans are introduced.

35.       DIY activities may also bring private individuals into contact with asbestos without their being aware of it. The rapporteur feels that a major information campaign is needed in this area.

Asbestos substitutes

36.       Scientific research has led to the development of various asbestos substitutes. Some of them are far from recent, but for a long time were little used, because they are often more complex and costly to process than asbestos. Certain applications no longer require fibrous materials such as asbestos, and consequently the dangers are minimal. For other uses, however, in the current state of our knowledge, fibrous materials are still indispensable.

37.       Although the majority of these new fibres are organic in origin, ie derived from carbon chemistry, such as cellulose fibres, and innocuous, some others may be dangerous. There are also inorganic fibres such as rockwool which may present risks of pulmonary fibrosis, and ceramic fibres which might also cause fibrosis and cancers. Nevertheless, these risks are significantly lower than those associated with asbestos, since the fibres in question are less biopersistent.

38.       Particularly in Germany, and very recently France, the action taken to ban asbestos has been accompanied by measures requiring industrial concerns to develop asbestos substitutes within a fixed time-frame. Taking account of companies' research capabilities and resources, these measures oblige them to step up their research and development efforts.

39.       In addition to its beneficial effects on research and development, the rapporteur believes that action to eliminate the dangers of asbestos can help to promote the development of new sectors and occupations, in particular those centre on environmental protection and conservation.

Public opinion

40.       The public are generally aware that asbestos is dangerous, although the extent of this awareness varies from country to country. However, even in the countries with the highest level of public information, most people's knowledge is too vague to ensure that they run no risks while engaging in DIY, or can simply identify asbestos in their homes.

41.       To limit the dangers of asbestos, information is vital. The public, small firms, etc. need to be fully aware of the potential risks, of the places and practices which can make those risks real, and of ways of minimising them.

42.       Private initiatives have developed to varying degrees, and are mainly concerned with defending the interests of people suffering from asbestos-related diseases by improving their social and medical coverage and determining liability. A lack of such initiatives may be due to an absence of grievances, eg in countries which have almost completed their asbestos removal programmes, but also to the fact that some countries have no collective awareness of the dangers and no established campaigning tradition.

43.       The rapporteur believes that the social partners and civil society, particularly the voluntary sector, have a vital role to play in informing the public, and accordingly hopes that they will step up their activities in the work sector and day-to-day life of all countries.

Legislation

44.       It should be remembered that most of the international organisations, and particularly the ILO and the EU, have adopted texts to protect humans against the dangers of asbestos. ILO Convention No. 162 and EU Directive 83/477/EEC revised are texts of wide practical scope, which the rapporteur feels every country should consult in drafting its anti-asbestos legislation.

45.       The various European national laws based on these texts follow very much the same approach, but different countries are at different stages in the fight against asbestos, often reflecting their unequal levels of commitment to environmental policies in general. Their laws focus primarily on production and use (standards and worker protection), asbestos removal (standards and procedures) and medical and social coverage for people suffering from asbestos-related diseases.

46.       All countries have restrictions on the import and use of asbestos and asbestos-containing products. It is the extent of those restrictions which varies. The rapporteur does not wish to classify European countries with reference to their laws in this field, but prefers to enumerate certain criteria which seem to represent a major step towards a strict ban on the use of asbestos. The speed with which any country progresses towards a total legislative ban on asbestos seems to depend on three factors:

47.       In most countries, particularly those which have strict prohibitions, the laws and regulations are satisfactorily complied with. Unfortunately - usually because of limited resources - there are serious violations in some countries. In Latvia, for example, although this is not the only case, the majority of firms are guilty of violations which can lead to inconceivable situations, such as a total lack of ventilation in factories, a lack of protective clothing, and a failure to provide effective medical monitoring at the workplace.

Medical and social coverage of persons suffering from asbestos-related diseases

48.       Medical and social coverage must be provided for the victims of asbestos-related diseases, both occupational and environmental.

49.       Lastly, workers must overcome a certain fatalism concerning the effects of working conditions on health, and not hesitate to query or challenge those conditions.

50.       The rapporteur also thinks it important to recognise that there are many factors which can prevent occupational illnesses, including asbestos-related diseases, from being reported. Important here are social dialogue in firms, information, training for medical staff and workers, and a flexible compensation system which can be tailored to the special circumstances of each applicant.

51.       The rapporteur believes that the situation could be improved, for example, by helping workers' representatives to identify occupational risks and doctors to inform victims, simplifying application procedures for coverage, giving applicants a say in the taking of decisions which affect them, etc.

CONCLUSION

52.       Noting that the consequences of even slight exposure to asbestos appears to entail serious health risks and the very worrying empirical data from Poland, the Rapporteur believes that Europe should make common cause in eliminating future asbestos use and takes the view that legislative bans could be an effective solution to the asbestos problem.

Reporting committee:       Social, Health and Family Affairs Committee

Budgetary implications for the Assembly: none

Reference to committee: Doc. 7409 and Reference No. 2040, 9 November 1995

Draft recommendation adopted by the committee on 7 January 1998 with 1 abstention

Members of the committee: Mr Gusenbauer (Chairman), Mrs Ragnarsdottir, Mr Gross (Vice-Chairmen), Mrs Albrink, Mr Alis Font, Mrs Andnor (Alternate: Mrs Wärnersson), Mr Arnau, Mrs Aytaman, Mrs Belohorska, Mrs Biga-Friganovic, MM. Boka, Bugli, De Carolis, Christodoulides, Chyzh, Cox, Dees, Dhaille (Alternate: Mr About), Dinçer, Evin, Mrs Fleetwood, Mr Flynn (Alternate: Ms Angela Smith), Mrs Gatterer, MM. Györivänyi, Haack, Hancock (Alternate: Mr Naysmith), Hegyi, Mrs Hĝegh, M. Janecek, Mrs Jirousova, MM. Kalos, Keller, Kotlar, Mrs Laternser, Mrs Lucyga, Mrs Luhtanen, MM. Lupu (Alternate: Mr Popescu), Malachowski, Marmazov, Martelli, Mattei, Mrs Maximus, MM. Mozgan, Nestor, Niza, Mrs Oleinik, MM. Pattison (Alternate: Mr Gregory), Poças Santos, Mrs Poptodorova, Mrs Pozza Tasca, Mrs Pulgar, MM. Raskinis, Regenwetter, Sceberras Trigona, Sharapov, Sincai, Skoularikis, Mrs Stefani, MM. Tahir, Valk, Valkeniers, Mme Vermot-Mangold, MM. Volodin, Wielowieyski

N.B. The names of those members present at the meeting are printed in italics