Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with interest the information provided by the Government in its latest report indicating recent legislative amendments, including rules on the protection of workers from risks of exposure to carcinogenic or mutagenic substances (No. 101/05), and rules on preventive health examinations of workers (No. 124/06), which give further effect to the provisions of the Convention. The Committee asks the Government to supply copies of these rules with its next report, and to continue to provide information on legislative measures undertaken with regard to the Convention.

Article 1, paragraph 2, of the Convention. Derogations from the prohibition against occupational exposure to carcinogenic substances. The Committee notes the Government’s statement that the latest rules on the protection of workers from risks of exposure to carcinogenic or mutagenic substances annul the previous Rule No. 38/00 of 25 May 2000. The Committee asks the Government to indicate whether Rule No. 101/05 provides for the granting of exceptions from the interdiction of carcinogenic substances, and if so, to specify the criteria that govern the granting of such exceptions.

Article 5. Post-medical examination of workers. The Committee notes the information provided by the Government indicating that access to health examinations upon the termination of employment, are provided for within the public health system which covers all citizens of the Republic of Slovenia. The Committee asks the Government to provide further information on measures undertaken or envisaged to promote medical check-ups, within the public health system, to employees after exposure to carcinogenic substances, in order to fully apply Article 5 of the Convention. Furthermore, the Committee, referring to its previous comments, asks the Government to indicate whether the new Rules on the protection of workers from risks of exposure to chemical substances at work requires the Minister responsible for labour to publish practical guidelines in the official Gazette of the Republic of Slovenia for the implementation of health surveillance and biological monitoring of workers who have been exposed to hazardous chemical substances for which binding limit values have been established, and, if so, the Committee reiterates its requests that the Government indicate whether such guidelines have been issued and to supply a copy of them with its next report.

Part V of the report form. Application in practice. The Committee welcomes the information provided by the Government indicating that in the course of inspections between 2005–06, it was established that a considerable number of employers had successfully replaced carcinogenic or mutagenic substances with less hazardous chemical substances, and that closed systems had been introduced in almost all cases where carcinogenic or mutagenic substances are used. The Committee also notes the Government’s statement that these inspections have also highlighted that employers do not keep records and fail to regularly update their lists of workers exposed to carcinogenic or mutagenic substances. The Committee asks the Government to provide information on measures taken or envisaged to address the lack of recording, by employers, of workers exposed to carcinogenic or mutagenic substances; to provide statistical information on the number of occupational diseases reported; and to continue to provide information on the application of the Convention in practice.