Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 1 of the Convention. Prohibition against the use of white lead and sulphate of lead, and of all products containing these pigments. The Committee notes with interest the response provided by the Government, which indicates that pursuant to the Chemicals Act (Official Gazette Nos 150/2005 and 53/2008), the Minister of Health and Social Welfare and the Minister of the Economy, Labour and Entrepreneurship adopted the List of Dangerous Chemicals the Placing on the Market of Which is Banned or Restricted (Official Gazette No. 39/2010), which entered into force on 1 April 2010. The Government indicates that this List includes lead carbonates (neutral anhydrous carbonate and trilead bis (carbonate) dihydroxide) and lead sulphates (PbS04 and Pb_xS04), and that, as such, these chemicals must not be placed on the market, or used as substances and a constituent of preparations intended for use as paints, except for the restoration and maintenance of works of art and historic buildings and their interiors. The Committee asks the Government to continue to provide information on legislative measures undertaken with regards to the Convention.

Article 3. Prohibition of the employment of young persons and women. The Committee notes the response provided by the Government, which indicates that regulations in the area of occupational safety and health (section 39 of the Occupational Safety and Health Act, Official Gazette Nos 59/1996, 94/1996, 114/2003, 100/2004, 86/2008, 116/2008 and 75/2009) prohibit the assignment of pregnant and breastfeeding women to work involving exposure to fumes of lead or its inorganic compounds. The Government further indicates that jobs involving the use of lead paints are defined as jobs requiring special working conditions under item 27 of the Annex to the Ordinance on jobs requiring special working conditions (Official Gazette No. 5/1984) and may not be undertaken by workers under 18 years of age or by pregnant or breastfeeding women, while other workers must undergo mandatory medical examinations every 12 months. The Committee notes, however, the information provided by the Government in its report on the Underground Work (Women) Convention, 1935 (No. 45), which indicates that section 298, item 5 under Title XXV on Transitional and Final Provisions of the new Labour Act (Official Gazette No. 149/09), which entered into force on 1 January 2010, provides that on entry into force of the Act, the Ordinance on jobs prohibited to women (Official Gazette No. 44/96) shall cease to be effective. The Committee further notes the information indicating that, pursuant to the provisions of the Labour Act, work is currently in progress on amendments to the Occupational Safety and Health Act insofar as it relates to protection of special categories of workers, and that, as part of these amendments, it is planned to delete the current provisions under sections 38 and 39, which state that protection of women in the workplace is to be carried out in accordance with the provisions of the Labour Act and also that a pregnant woman shall, in particular, not be assigned to jobs entailing, inter alia, fumes of lead and its inorganic compounds, tertra-ethyl lead, and that, while breastfeeding her child, a woman shall not be assigned to work that may expose her to lead dust, fumes and vapour of lead and its compounds. Noting with concern the abovementioned amendments to legislation which remove prohibitions on the employment of pregnant and breastfeeding women in hazardous work, and that current legislation does not prohibit employment of all females in the areas of work prescribed by Article 3, the Committee reiterates its requests to the Government to take the necessary measures to ensure that no women are employed in any painting work of an industrial character involving the use of white lead or sulphate of lead, or other products containing these pigments, in conformity with this Article of the Convention.

Article 5. Regulating the use of white lead, sulphate of lead, and of all products containing these pigments. The Committee notes the response provided by the Government, which refers to an enclosed copy of the Ordinance on occupational safety and health in working or auxiliary premises or areas (Official Gazette No. 6/1984). The Committee notes that no attachments appear to have been received with the Government’s report. The Committee therefore reiterates its request to the Government that it transmit a copy of the abovementioned regulation, and asks the Government to indicate how the relevant provisions of this regulation give effect to each of the requirements under Article 5.

Article 7 and Part V of the report form. Statistics as to morbidity and mortality with regard to lead poisoning and application of the Convention in practice. The Committee notes the response provided by the Government, which indicates that labour inspectors from the State Inspectorate have not detected any cases involving violations of the regulations giving effect to the provisions of this Convention, and that as far as the Croatian Institute for Health Protection and Safety at Work (CIHPSW) is aware, there are no women employed in any painting work of any industrial character involving the use of white lead or sulphate of lead or other products containing these pigments, in conformity with the Articles of the Convention. The Government indicates that according to the Register kept by the CIHPSW, four occupational diseases were registered in 2009, caused by lead poisoning and involving workers engaged in the battery filling process at the same undertaking and that the State Inspectorate was notified immediately of these incidents. The Committee asks the Government to continue to provide information on the application of the Convention in practice, including statistical information.