Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

1. Further to its observation of 1995bis concerning the comments of the Union of Autonomous Trade Unions of Croatia (UATUC) regarding section 59 of the Health Insurance Act and the question of the reduction of health protection to emergency medical aid for those who contribute but fail to pay their contribution, the Committee notes from the Government's report that it has replied under the Social Security (Minimum Standards) Convention, 1952 (No. 102). The Committee will continue to follow up the question under Convention No. 102.

2. Articles 1 and 2 of the Convention. The Committee notes the comments made by the UATUC in 1998 that, even though the Labour Inspection Act makes the labour inspection responsible for the supervision of the application of the occupational safety and health rules, it does not provide for how many inspectors shall be authorized for such supervision. The UATUC states also that, while no economic activities have been exempted by the Law on Labour Inspection, the same Law does not say explicitly which economic activities shall be "covered" by labour inspectors.

The Committee notes the Government's reply that section 5 of the Labour Inspection Act provides that the number of inspectors in branch offices is established in accordance with the number of employees, and there is as a rule one inspector per 4,000 employees. In this regard, it states that 60 new inspectors were admitted during 1997 which brings the total number of inspectors currently to 380, out of which 187 are in charge of labour relations and 193 in charge of safety and health. It adds that for 1999, a further 60 new inspectors will be employed, as result of which the situation regarding the number of inspectors should considerably improve.

The Committee also notes the information that labour inspection exercises supervision over the application of labour legislation in all sectors, with the exception of the armed and police forces. The supervision over the application of occupational safety and health legislation is exercised by the labour inspection in all activities except in mining where such supervision is exercised by the mining inspection.

The Committee hopes that, with these measures, the situation of occupational safety and health inspection will meaningfully improve. It requests the Government to continue to provide indications on further developments in this regard.

3. Articles 4, 5, and 15. The Committee notes the comments of the UATUC concerning the Government's failure to carry out its intention to establish the National Council for Occupational Safety and Health whose members are to be representatives of the State, employers and workers, as well as prominent experts dealing with occupational safety and health. It also indicates that the Government does not give reasons why the council has not yet been established nor when it will be.

The Committee notes the Government's reply acknowledging that the council has not yet been established but that it will be in early 1999. Please provide particulars on developments in this respect.

The Committee hopes the Government will soon be in a position to report on the establishment of the National Council for Safety and Health.

4. Article 11(f). The Committee notes the comments of the UATUC that the Government does not mention that, pursuant to section 88 of the Occupational Safety and Health Act, it was supposed to establish the Institute for Occupational Safety and Health within the Labour Ministry in order to monitor and advance occupational safety and health. To the knowledge of the UATUC no such institute has been established so far.

The Committee notes the Government's reply that the Croatian Government's Decree on Internal Organization of the Ministry of Labour and Social Welfare, adopted on 28 April 1998, provides for the establishment of the Occupational Safety and Health Administration as an organizational unit within the Ministry. The Rules on Internal Organization of the Ministry of Labour and Social Welfare to be established in accordance with this Decree by the Minister also provides for the establishment of the said administration. It further indicated that the rules will be adopted by the end of 1998, but the recruitment of new civil servants for the administration and its beginning operations have been postponed for financial reasons.

The Committee hopes that the financial situation will improve sufficiently to enable the Government to set up in the near future the Institute for Safety and Health and the National Council for Occupational Safety and Health. Please provide indications on any developments in this regard.

5. Article 9. The Committee notes the comments of the UATUC that there have been no cases of labour inspectors inspecting merchant ships which are under the national flag. The trade union has never been consulted on the problems of occupational safety and health of seafarers and dockers and that such inspections on board ships and in harbours have been left to trade union inspectors who receive no support either from the Government or the shipowners. Between 12 and 16 May 1997, the Seafarers' Trade Union of Croatia and the Dockers' Trade Union of Croatia inspected ships in Croatian harbours irrespective of their flag, with particular attention being paid to safety and health. The Ministry of Labour and Social Welfare inspectors did not get involved in the action. As a follow up, another such inspection of occupational safety and health conditions of dockers in the harbour of Rijeka was planned for December 1997.

The Committee notes the Government's reply that the supervision of ships under the national flag is not left only to trade union inspectors, but that labour inspectors have exercised such supervision even though inadequately due to their small numbers. It adds that labour inspectors exercise supervision with respect to occupational injuries sustained in Croatian ports. The Government indicates that during the reporting period, a Seminar on Inspection of Ships in Accordance with ILO Convention No. 147 was held in April 1997 in Lovran, attended by labour inspectors, safety of navigation inspectors from the Ministry of Maritime Affairs, representatives of trade unions and employers. Moreover, in accordance with the Maritime Code, the Rules on Carrying Out Safety of Navigation Inspection (Official Gazette No. 34/97) that specify that safety of navigation inspectors are also competent to carry out safety and health legislation inspection has been adopted. The Government however acknowledges that, with respect to the application of safety and health regulations, it is necessary to establish a better cooperation with both employers and trade unions.

The Committee notes with interest the Government's desire to improve the cooperation with employers and trade unions in the application of safety and health regulations. It would be grateful if the Government would take the necessary measures to ensure that the enforcement of safety and health laws and regulations, including on board ships and in dock work, is secured by an adequate and appropriate system of inspection. Please provide particulars on developments in this regard.

6. The Committee notes the adoption of the Law on Occupational Safety and Health (Official Gazette Nos. 59/96 and 94/96) and the Law on Labour Inspection (Official Gazette No. 59/96). It proposes to examine them in detail at its next session.