Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Repetition

The Committee notes the information provided by the Government in its latest report, but notes that the Government has not submitted a detailed report, as requested by the Committee, indicating the specific measures which give effect to each Article of the Convention. The Committee therefore reiterates its request to the Government to submit a detailed report, indicating the measures taken or envisaged, in law and in practice, to give effect to each Article of the Convention, in order to allow the Committee to properly examine the current application of the Convention in the country.

Effective compensation of workers of the Salonit factory. The Committee previously noted the comments submitted by the Croatian Trade Union Association (HUS) in 2009 alleging that the workers of the Salonit factory had not been compensated, and that they had had significant problems in defining their working status as the ex-owner still controlled the bankruptcy process. The Committee requested the Government to provide information on whether it had succeeded in mitigating the negative impact on the individual workers concerned and on the legal stalemate caused by the bankruptcy process against the ex-owner of the Salonit factory. In this regard, the Committee notes the adoption of the “Law on compensation of workers employed with Salonit d.d. which is under bankruptcy procedure” (Law No. 84/11), which provides for the compensation of workers of the factory, whether or not they suffer from any disease caused by asbestos. The Committee notes that section 2 of Law No. 84/11 provides that workers employed in the Salonit factory when it declared bankruptcy in 2006 may apply for compensation within 60 days from the date of entry into force of the Law. Moreover, section 3 provides that such workers will receive compensation amounting to 219,000 Croatian kunas (HRK) over a period of two years. The Committee requests the Government to provide information on the application of Law No. 84/11 in practice, particularly the number of workers who have applied for compensation under this Law, as well as the number who have received compensation to date.

General compensation: the Commission for Settling Claims for Compensation by Workers Suffering from Occupational Diseases Due to Exposure to Asbestos (the Commission). The Committee notes the Government’s statement that the Commission has received 1,230 claims since its establishment in 2007, pursuant to the Act on compensating workers occupationally exposed to asbestos. Of these claims, 492 have been completely resolved, 86 are in the courts, and 652 have yet to be resolved. The Government indicates that the average compensation per claim is approximately HRK85,000. The Committee requests the Government to continue to ensure that all claims and requests for compensation by workers suffering from an occupational disease due to exposure to asbestos during the course of their employment are handled as expeditiously as possible. It requests the Government to provide information on progress in this respect, as well as on the measures taken to raise the awareness of such workers regarding the possibilities for seeking redress.

Measures taken at the institutional level. The Committee notes the Government’s indication that the Croatian Institute for Health Protection and Safety at Work is legally obligated to keep a register of occupational diseases caused by asbestos, and that this is published each year on the Institute’s website. It also welcomes the register of occupational diseases and the statistical analysis thereof submitted with the Government’s report. The Committee requests the Government to continue to provide information on the activities undertaken by the Croatian Institute for Health Protection and Safety at Work, in particular concerning the application of the Convention. Moreover, recalling the adoption of the National Occupational Health and Safety Programme 2009–13, the Committee requests the Government to provide information on any measures taken within the framework of this programme related to the application of this Convention.

Article 19 of the Convention. Disposal of waste containing asbestos. The Committee previously noted that the remediation of asbestos cement waste was being undertaken in several locations in the country. It noted the requirement for all work related to remediation to be carried out under expert supervision by an authorized company, and that the Government had published a list of the companies holding a waste management license that are authorized to collect, transport and dispose of waste that contains asbestos. The Committee once again requests the Government to provide further information on the application throughout the country of legislative measures requiring all work related to remediation to be carried out under expert supervision by an authorized company.

Decisions by courts of law and application of the Convention in practice. The Committee notes the Government’s statement that there is a trend for the total number of occupational diseases to rise due to the growing number of occupational diseases caused by exposure to asbestos at the workplace. The Government indicates that occupational diseases caused by exposure to asbestos constitute 89 per cent of the total number of occupational diseases recorded (435 out of the 488 recorded cases in 2011). The Government indicates in this regard that it has undertaken a detailed analysis of the occupational diseases caused by asbestos, including the geographical distribution of the reported cases. The Committee asks the Government to give a general appreciation of the manner in which the Convention is applied in the country, and to continue to provide, where such statistics exist, information on the number of workers covered by the legislation, the number and nature of the contraventions reported, and the number, nature and cause of occupational accidents and diseases reported. In addition, noting the Government’s indication that 86 claims to the Commission for Settling Claims for Compensation by Workers Suffering from Occupational Diseases Due to Exposure to Asbestos are before the courts, the Committee asks the Government to provide further information on the outcomes of these lawsuits, and to provide copies of the texts of the decisions.