Occupational Safety and Health Convention, 1981 (No. 155)

Occupational Health Services Convention, 1985 (No. 161)

Occupational Cancer Convention, 1974 (No. 139)

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Asbestos Convention, 1986 (No. 162)

Underground Work (Women) Convention, 1935 (No. 45)

Repetition

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine the following Conventions together: Conventions Nos 45 (underground work (women)), 139 (occupational cancer), 148 (working environment (air pollution, noise and vibration)), 155 (OSH), 161 (occupational health services) and 162 (asbestos). The Committee recalls that in its previous comments, it had noted the adoption by the Government of a list of legislation related to labour inspection and OSH, and had requested the Government to provide detailed reports on the application of these Conventions.

The Committee notes the observations of the Union of Autonomous Trade Unions of Croatia (UATUC) and the Independent Trade Unions of Croatia (NHS) on Conventions Nos 155, 161 and 162, received in 2016.

A. General provisions

Occupational Safety and Health Convention, 1981 (No. 155)

Articles 4 and 7 of the Convention. Review of the national OSH policy. The Committee previously noted the adoption of the Occupational Safety and Health Act (Nos 71/14, 118/14, 154/14) (OSH Act 2014). It notes that, pursuant to section 6(1) of the OSH Act 2014, the Government systematically monitors the state of OSH in the country and, in consultation with representatives of employers and workers, identifies, proposes, implements and systematically reviews the OSH policy, and proposes amendments to legislation in order to improve safety and protect the health of employees. Section 7(1) of the OSH Act 2014 further sets out that the tripartite National Council for Work Safety monitors, analyses and evaluates the national OSH policy and system, informs the Government of its findings, and proposes necessary changes. The Committee notes, however, that the UATUC and NHS allege that the national OSH policy lacks coherence, and that revisions to the policy occur only when obligations under European Union (EU) legislation make it necessary to do so. The UATUC and NHS also indicate that there has been no new national programmes on OSH after the National Programme of Occupational Safety and Health for the period 2009–13. The Committee notes that, in its report on the application of Convention No. 161, the Government refers to section 6 of the OSH Act 2014, pursuant to which the Ministry of Labour and Pension System shall, in cooperation with the tripartite National Council for Work Safety, propose for adoption a national programme on OSH for a period of five years, with clearly defined activities.The Committee requests the Government to provide information on the manner in which it ensures the coherence of the national OSH policy and on its periodic review, including the frequency of the meetings of the National Council for Work Safety, the scope of its reviews and the issues discussed, as well as any resulting proposals made.

Articles 5(d), 19(b), (c), (e) and 20. Rights of safety and health representatives. Communication and cooperation at the level of the working group and the undertaking, between management and workers and/or their representatives. The Committee notes that the OSH Act 2014 provides for the election of workers’ safety representatives in sections 70 and 101(7), and in section 34, the establishment of an OSH committee in undertakings with 50 or more employees, consisting of the employer or his authorized officer, the OSH specialist, the occupational medicine specialist, and the workers’ safety representative or their coordinator. The Committee further notes that employers’ obligations under the OSH Act 2014 include: informing employees and the workers’ safety representative of all the risks and changes which might affect the health and safety of employees (section 32(1)); making available the appropriate documentation to the workers’ safety representative (section 32(5)); and consulting in advance and in a timely manner with the workers’ safety representative (sections 31 and 33). It further notes that, pursuant to section 71(2) of the OSH Act 2014, the workers’ safety representative’s rights include being present at inspection visits, raising objections to inspection findings if appropriate and involving a competent inspector, should a representative find that the health and safety of employees has been endangered and the employer fails or refuses to implement OSH measures. In this respect, the UATUC and the NHS observed that, in practice, there is a problem with workers’ representatives not being present at inspection visits, and noted that they are only invited to sign the inspection report, but not to be present during the determination of all the relevant facts during the inspection, so that they are, in effect, not entitled to submit objections to inspection reports. The UATUC and the NHS further noted that in small undertakings, there are minimal possibilities for workers’ representatives to be elected, and that at some workplaces, workers’ representatives do not have influence on employers’ decisions, and are not consulted as required by the OSH Act 2014.The Committee requests the Government to provide further information on the measures taken or envisaged to ensure the implementation in practice of sections 70 and 101(7) of the OSH Act 2014 concerning the election of safety representatives and to provide information on the application of Article 19(b), (c) and (e) of the Convention in practice, including statistics on the number of undertakings with workers’ safety representatives.

Articles 6 and 15. Functions and responsibilities. Coordination. The Committee notes the information in the Government’s report regarding the OSH functions and responsibilities of various institutions and stakeholders. It notes in this respect that section 1 of the OSH Act 2014 establishes the Institute for Occupational Safety Improvement, which systematically monitors the situation on occupational safety in Croatia, improves it through professional and administrative support, carries out research, provides advice, and undertakes preventive measures in the field of OSH. The Government further indicates in its report on the application of Convention No. 161 that the Institute for Occupational Safety Improvement is working on a data collector which will be the central information system in the field of OSH. The Committee notes the Government’s indication that the Croatian Institute for Health Protection and Safety at Work (CIHPSW), an independent health institution at national level, analyses occupational injuries, provides guidelines for employers, and actively trains in the domain of occupational health protection. It notes the observations of the UATUC and the NHS that there are some overlaps between the activities of the Institute for Occupational Safety Improvement and those of the CIHPSW, and that there is a lack of coordination between the policies and activities of these two bodies and the Ministry of Labour and Pension System. In addition, in its report on the application of Convention No. 161, the Government also refers to the existence of a working group on OSH, involving the Ministry of Health, the Ministry of Labour and Pension System, the labour inspectorate, the CIHPSW, the Croatian Institute for Health Insurance, the Institute for Occupational Safety Improvement and other entities, the coordinated activities of which have resulted in the application and development of preventive measures in the protection of OSH, the strengthening of professional platforms in the provision of information pertaining to OSH, and improved cooperation and communication with target groups.The Committee requests the Government to provide information on any measures taken or envisaged to ensure the necessary coordination between the Ministry of Labour and Pension System, the Institute for Occupational Safety Improvement, the CIHPSW, and the labour inspectorate. The Committee also requests the Government to provide information regarding the work of the working group on OSH involving the Ministry of Health, the Ministry of Labour and Pension System, the labour inspectorate, the CIHPSW, the Croatian Institute for Health Insurance, the Institute for Occupational Safety Improvement and other entities, including detailed information on the frequency, outcomes, and impact of its meetings. In addition, the Committee once again requests information regarding the manner in which cooperation between the labour inspectorate and inspection services in other areas is carried out.

Articles 9 and 10. Guidance to employers and workers. Taking into account that Croatia has ratified Convention No. 81 (labour inspection) and Convention No. 129 (labour inspection in agriculture), the Committee refers to its comments adopted in 2018 regarding the application of these two Conventions, including with regard to: Articles 3(1)(b) and 17(2) of Convention No. 81 and Articles 6(1)(b) and 22(2) of Convention No. 129 (technical information and advice on OSH); Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129 (additional functions of labour inspectors); Articles 3(2), 10 and 16 of Convention No. 81 and Articles 6(3), 14 and 21 of Convention No. 129 (number of labour inspectors); Articles 5(a), 14 and 21(g) of Convention No. 81 and Articles 12, 19 and 27(g) of Convention No. 129 (notification of cases of occupational diseases); Articles 5(a), 17 and 18 of Convention No. 81 and Articles 12, 22(1) and 24 of Convention No. 129 (penalties); and Articles 5(a), 20 and 21 of Convention No. 81 and Articles 12, 26 and 27 of Convention No. 129 (annual report of the labour inspectorate).

Article 11(c) and (e). Functions to be carried out progressively, including the establishment and application of procedures for the notification of occupational accidents and diseases by employers and the annual publication of information on occupational accidents and diseases. The Committee notes that section 65 of the OSH Act 2014 sets out the duty for employers to notify cases of serious or fatal injuries to the body competent for inspections, immediately after the injury has occurred. With regard to the annual production of statistics and annual publication of information, the Committee notes the Government’s indication in its report on the application of Convention No. 81 that the Croatian Health Insurance Fund provides the labour inspectorate with monthly updated data on all occupational accidents which have occurred in the country and on the recognized occupational diseases. The Committee further notes that, pursuant to section 83 of the OSH Act 2014, the Institute for Occupational Safety Improvement conducts statistical surveys on OSH as part of its mandate. The annual report of the labour inspectorate also provides information regarding its work in the field of occupational safety.The Committee requests the Government to provide further information regarding the statistical surveys conducted by the Institute for Occupational Safety Improvement, including their frequency, their scope, and whether there is any cooperation between the Institute for Occupational Safety Improvement and other bodies such as the Croatian Health Insurance Fund, when it comes to the production of annual statistics on occupational accidents and diseases.

Article 11(d). Holding of inquiries. The Committee notes that, pursuant to section 32(9) of the OSH Act 2014, in the event of fatal or severe injury, the employer is obliged to call the workers’ safety representative to carry out an investigation at the workplace.The Committee requests the Government to provide further information regarding the procedures in place for the holding of inquiries, where cases of occupational accidents, occupational diseases or any other injuries to health which arise in the course of or in connection with work appear to reflect situations which are serious.

Article 12. Obligations of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee notes that the information provided by the Government on the application of this provision relates to the duties of employers. With regard to machinery, it notes that section 5 and Annex I of the Ordinance on Machinery Safety (No. 28/11) sets out health and safety requirements to be complied with by manufacturers and their authorized representatives.The Committee requests the Government to provide further information regarding the measures taken or envisaged to prescribe the obligations of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use, in accordance with Article 12(a), (b) and (c) of the Convention.

Article 14. Measures for the inclusion of questions of occupational safety and health at all levels of education and training. The Committee notes the information provided by the Government regarding the Ordinance on Training in Occupational Health and Safety and on Competence Examinations (No. 112/14), which includes provisions for the methods and conditions of professional examinations for OSH coordinators, and of continuing professional training. The Committee also notes that section 29 of the OSH Act 2014 requires employers and their authorized officers to be educated and professionally trained in the field of OSH, in accordance with the risk assessment of the enterprise.The Committee requests the Government to provide further information regarding the measures taken or envisaged to promote the inclusion of questions of OSH and the working environment at all levels of education and training, including higher technical, medical and professional education, in a manner which meets the training needs of all workers. In this respect, it also requests the Government to provide further information regarding the implementation of the Ordinance on Training in Occupational Safety and Health and on Competence Examinations (No. 112/14) and its impact on OSH in undertakings.

Occupational Health Services Convention, 1985 (No. 161)

Articles 1, 2 and 3 of the Convention. National policy and plans to progressively develop occupational health services. The Committee previously noted that the National Programme of Occupational Safety and Health for the period 2009–13 included specific policies concerning occupational health services, such as strategic goals to improve the efficiency of and access to occupational health services and to monitor the health of workers. In this respect, the Committee notes the observations of the UATUC and the NHS alleging that, as of 2016, the Government had not adopted a new national programme following the National Programme of Occupational Safety and Health for the period 2009–13, and that the Programme had not been periodically reviewed or evaluated.With reference to its comment above on Articles 4 and 7 of Convention No. 155, the Committee requests the Government to provide detailed information regarding any new national programme that has been proposed pursuant to section 6 of the OSH Act 2014, including its goals in relation to occupational health services, the manner in which the most representative organisations of employers and workers are consulted, the impact of its implementation for the progressive development of occupational health services for all workers, and the manner in which the programme is periodically reviewed.

Article 8. Cooperation between employers, workers and their representatives with respect to occupational health services. Application in practice. The Committee notes that the requirement in section 34(1) and (3) of the OSH Act 2014 setting up an OSH committee in undertakings with 50 or more employees involves the participation of the occupational medicine specialist appointed in accordance with a special regulation. Section 34 of the OSH Act 2014 further stipulates that the employer employing fewer than 50 employees shall be obliged to set up an OSH committee if prescribed to do so by a special law or regulation. The Committee notes the indication by the UATUC and the NHS that there is no data regarding the participation of occupational medicine specialists in OSH committees, or their influence in such committees, and that there is an insufficient number and unequal territorial distribution of occupational medicine specialists in the country. The Government also states that, in practice, employers rarely consult occupational medicine specialists when carrying out risk assessments.The Committee requests the Government to provide further information regarding the manner in which the employer, workers and their representatives, where they exist, cooperate and participate in the implementation of the organisational and other measures relating to occupational health services on an equitable basis, including information on the participation in practice of occupational medicines specialists in OSH committees.

Article 9(1) and (3). Multidisciplinary nature of occupational health services and composition of personnel. Cooperation between occupational health services and other bodies concerned with the provision of health services. The Committee requests the Government to provide information regarding the measures taken or envisaged to ensure that occupational health services are multidisciplinary and on the criteria according to which their composition is determined, in accordance with Article 9(1) of the Convention. The Committee also requests the Government to indicate the measures taken or envisaged to ensure adequate cooperation and coordination between occupational health services and other bodies concerned with the provision of health services, in accordance with Article 9(3) of the Convention.

Article 11. Qualifications of the personnel providing occupational health services. The Committee notes that the Government refers to section 27 of the Health Care Act, which includes the qualifications of healthcare professionals at the primary level, described under section 26 of the Health Care Act as including different types of healthcare and occupational medicine. In addition, the Committee notes that, under section 82(3) and (7) of the OSH Act 2014, a person may be authorized to provide training in safe working practices, in accordance with conditions to be stipulated in Ordinances to be adopted by the Minister.The Committee requests the Government to provide further information regarding the qualifications required for the personnel providing occupational health services. The Committee further requests the Government to provide information on any Ordinances that have been adopted pursuant to section 82(7) of the OSH Act 2014.

Article 12. Surveillance of workers’ health during working hours. The Committee notes that section 64(2) of the OSH Act 2014 stipulates that the employee shall not bear the costs of previous and periodic examinations, or of obtaining a certificate stating that they meet the special requirements for employment, in accordance with the relevant OSH rules and regulations. In this respect, the Committee notes the Government’s indication that, as per section 21 of the Health Care Act, workers are entitled to specific medical healthcare (occupational medical services) under the Mandatory Health Insurance Act (Nos 80/13, 137/13), which is mandatory for all persons employed in the private or public sectors. The Government also indicates that the cost of medical examinations are borne by the Croatian Institute for Health Insurance.The Committee requests the Government to provide information regarding the measures taken or envisaged to ensure that surveillance of workers’ health in relation to work shall take place as far as possible during working hours, in accordance with Article 12 of the Convention.

Article 15. Occurrences of illness among workers and absence from work for health reasons. The Committee requests the Government to provide information on the measures taken or envisaged to give effect to Article 15 of the Convention.

Application of the Convention in practice. The Committee notes the observations of the UATUC and the NHS that there is a lack of occupational medicine specialists in the country, and a missing link between general practitioners and occupational medicine specialists, as general practitioners and other specialized doctors do not recognize that changes in the workers’ health are a consequence of working conditions.The Committee requests the Government to provide further information regarding the application of the Convention in practice, including information on the number of workers covered by the legislation, the number of occupational medicine specialists hired and the number of workplaces that they cover, and whether any measures are in place to ensure communication between occupational health services and general practitioners where necessary.

B. Protection from specific risks

Occupational Cancer Convention, 1974 (No. 139)

Article 1(3) of the Convention. Periodic determination of carcinogenic substances and agents. The Committee notes the Government’s indication that, since its accession to the European Union, the Government adheres to EU regulations concerning hazardous chemicals and carcinogenic, mutagenic or reprotoxic products and substances. The Committee also notes with interest the adoption of a number of pieces of legislation since the Government’s last report, including the Ordinance on the Protection of Workers against the Risk of Exposure to Carcinogens and/or Mutagens (No. 91/15), which defines carcinogens and mutagens in accordance with the EU Regulation on Classification, Labelling and Packaging (No. 1272/2008) and lays down minimum requirements for protection against carcinogens and/or mutagens.The Committee requests the Government to continue to provide information on developments related to its periodic determination of the carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorisation or control.

Article 2. Replacement of carcinogenic substances and agents. The Committee notes the information provided by the Government in reply to its previous request regarding information on measures taken to ensure the full application of Article 2of the Convention. In particular, the Committee notes that, pursuant to section 46(1) of the OSH Act 2014, the employer is required to continuously improve OSH by applying less hazardous and harmful technologies, work procedures and work substances. The Committee further notes the Government’s indication that, pursuant to section 5 of the Ordinance on the Protection of Workers against the Risk of Exposure to Carcinogens and/or Mutagens (No. 91/15), the employer shall replace carcinogens and/or mutagens at the workplace with harmless or less harmful substances, compounds or procedures, which, depending on the situation and usage conditions, are not harmful or are less harmful for the workers’ health and safety. In addition, section 6 of the Ordinance provides that employers are required to keep the number of exposed workers to the minimum possible.

Application of the Convention in practice. The Committee notes the information provided by the Government regarding the register of incidences of occupational diseases and the CIHPSW’s form for employers to complete on workers who work with carcinogens and mutagens, including the indication that, by the end of 2015, the CIHPSW had received information from 18 employers covering a total of 168 workers exposed to carcinogens and mutagens, with 159 workers having gone through medical examinations prior to work with carcinogens and mutagens, and 164 having gone through periodical medical examinations during the work period.The Committee requests the Government to continue to provide details on its appreciation of the manner in which the Convention is applied in the country, including information regarding inspections carried out and the number and nature of the contraventions reported.

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Article 4(2) of the Convention. Technical standards and codes of practice. The Committee requests the Government to indicate whether it has developed or intends to develop any technical standards or codes of practice relating to air pollution, noise or vibration, including the Code of Conduct envisaged under section 13 of the Ordinance on the Protection of Workers from Exposure to Noise at Work (No. 46/08).

Article 8(3). Criteria for determining the hazards of exposure to air pollution, noise and vibration and exposure limits. The Committee notes that section 7(1) of the Ordinance on the Protection of Workers from Exposure to Noise at Work (No. 46/08) and section 6(1) of the Ordinance on Protecting Workers from Risks Arising from Exposure to Vibration at Work (No. 155/08) specify that technical progress should be taken into account when reducing risks from noise and vibrations to a minimum.The Committee requests the Government to continue to provide information regarding the manner in which it is ensured that criteria and exposure limits are revised regularly in the light of current national and international knowledge and data, taking into account as far as possible any increase in occupational hazards resulting from simultaneous exposure to several harmful factors at the workplace, in accordance with Article 8(3) of the Convention.

Article 9. Working environment to be kept free from any hazard due to air pollution, noise or vibration. The Committee notes that, under section 46(1) of the OSH Act 2014, the employer is obliged to continuously improve OSH by applying less hazardous and harmful technologies, work procedures and substances. The Committee also notes the Government’s reference to a number of provisions in national legislation providing for the requirement to eliminate or reduce the risks linked with exposure to noise, vibration, hazardous chemicals, carcinogens or mutagens and asbestos in workplaces, namely: section 47 of the OSH Act 2014; section 7 of the Ordinance on Protection of Workers from Exposure to Noise at Work (No. 46/08); section 6 of the Ordinance on Protecting Workers from Risks Arising from Exposure to Vibration at Work (No. 155/08); section 7 of the Ordinance on the Protection of Workers against the Risk of Exposure to Hazardous Chemicals at Work (No. 91/15); section 7 of the Ordinance on the Protection of Workers against the Risk of Exposure to Carcinogens and/or Mutagens (No. 91/15); and section 7 of the Ordinance on the Protection of Workers against the Risk of Exposure to Asbestos (No. 40/07).The Committee requests the Government to provide information on steps taken with respect to technical measures applied to new plant or processes in design or installation, with a view to ensuring that, as far as possible, the working environment is kept free from any hazard due to air pollution, noise or vibration, in accordance with Article 9(a) of the Convention.

Article 11(1). Provision of periodical surveillance of the health of workers exposed or liable to be exposed to occupational hazards due to noise and vibration. The Committee notes the Government’s reference, in response to its previous request concerning the application of Article 11(1),to section 36 of the OSH Act 2014, which sets out requirements for medical check-ups both prior to and during employment involving the performance of work with special working conditions. The Government also refers to section 3(18) of the Ordinance on Special Conditions of Employment (No. 5/84), which includes workers exposed to physical or chemical hazards, noise and vibration in the categories of jobs with special working conditions. The Committee notes that, pursuant to section 103(5) and (6) of the OSH Act 2014, the regulations concerning work with special conditions and requirements to be met by workers performing such work, referred to in section 36(6) of the OSH Act 2014, should have been adopted within 90 days of the entry into force of the OSH Act 2014, and that the Ordinance on Special Conditions of Employment (No. 5/84) shall only be valid until such adoption. The Committee observes that the noise exposure level contemplated by the Ordinance on Special Conditions of Employment (No. 5/84) is higher than the permissible noise levels contemplated in the Annex of the Ordinance on Protection of Workers from Exposure to Noise at Work (No. 46/08).The Committee requests the Government to indicate whether it has taken measures to adopt the regulations envisaged under section 36(6) of the OSH Act 2014.

Article 11(3) and (4). Provision of alternative employment, the right to maintain income, social security benefits or social insurance. The Committee notes the Government’s indication that, pursuant to section 40 of the OSH Act 2014, the employer is obliged to carry out special protection measures to prevent further damage to health and impairment of remaining work ability, for workers who have been diagnosed with an occupational disease, and for whom the competent expert body has determined, inter alia, a partial loss of work capacity. Section 40(3) of the OSH Act 2014 requires employers to adapt working conditions and organization of working hours, to remove the risks to safety and health, and to ensure the possibility of other appropriate work or work at a different site if adjustments are not technically feasible or justifiable. The Committee once again recalls that the Convention provides that a transfer to alternative employment is required when continued assignment is considered medically inadvisable, which in certain cases may be before any damage has occurred.The Committee asks the Government to indicate if the special protection measures referred to in section 40 of the OSH Act 2014 also cover the situation in which exposure to air pollution, noise or vibration is found to be medically inadvisable, even in cases where there is no occupational disease. The Committee also requests further information regarding whether measures are taken or envisaged to ensure that the worker concerned is able to maintain his income through other measures if suitable alternative work is not found, in accordance with Article 11(3) of the Convention. The Committee further requests the Government to provide information on measures taken or envisaged to ensure that the rights of workers under social security or social insurance legislation are not adversely affected, in accordance with Article 11(4) of the Convention.

Article 12. Notification to the competent authority. The Committee notes the various requirements to provide advance notification for work involving: the production and use of carcinogenic and/or mutagenic substances (section 9(1) of the Ordinance on the Protection of Workers against the Risk of Exposure to Carcinogens and/or Mutagens (No. 91/15)); asbestos (section 5(1) of the Ordinance on the Protection of Workers against the Risk of Exposure to Asbestos (No. 40/07)); and biological agents (section 13 of the Ordinance on the Protection of Workers against the Risk of Exposure to Biological Agents at Work (No. 155/08)).The Committee requests the Government to provide information regarding the measures taken or envisaged to give full effect to this provision of the Convention in respect of noise and vibration.

Asbestos Convention, 1986 (No. 162)

Articles 3(2) and 15 of the Convention. Periodic review in light of technical progress and advances in scientific knowledge, including review of limits for the exposure of workers to asbestos. The Committee notes that the Government refers in its report to a number of pieces of legislation applying the provisions of this Convention, including the List of Poisons whose Production, Transport and Use is Prohibited (No. 29/05); the Ordinance on the Protection of Workers against the Risk of Exposure to Asbestos (No. 40/07); the Ordinance on the Method and Procedures for Asbestos Waste Management (No. 42/07); the Act on Mandatory Health Monitoring of Workers Occupationally Exposed to Asbestos (No. 79/07); the Act to Amend and Supplement the Act on the List of Occupational Diseases (No. 107/07); the Ordinance on Conditions and Methods of Health Surveillance and Diagnostic Procedures when Suspecting Asbestos-related Occupational Diseases and the Criteria for Confirmation of Occupational Asbestos-related Disease (No. 134/08); the Act on Compensating Workers Occupationally Exposed to Asbestos (Nos 79/07, 139/10); the Act on the Requirements for Obtaining an Old Age Pension by Workers Occupationally Exposed to Asbestos (Nos 79/07, 149/09 and 139/10); the Ordinance on Limit Values of Exposure to Hazardous Substances at Work and on Biological Limit Values (Nos 13/09, 75/13); the OSH Act 2014; and the Ordinance on the Protection of Workers from Risks related to Exposure to Carcinogens and/or Mutagens (No. 91/15).The Committee requests the Government to continue to provide information regarding the manner in which technical progress and advances in scientific knowledge are taken into account in the periodic review of the national legislation regulating asbestos, including the periodic review and update of exposure limits or other exposure criteria for asbestos and the frequency and the procedures for such reviews.

Articles 5(2) and 10(b). Prohibition of the use of asbestos and appropriate penalties. The Government refers to the ban on the production, trade and usage of asbestos and asbestos containing materials in Croatia, which entered into force on 1 January 2006, and includes crocidolite. The Committee observes that the Ordinance on the Protection of Workers against the Risk of Exposure to Asbestos (No. 40/07) includes crocidolite in the definition of asbestos. The Committee further notes the Government’s indication that the Ordinance on the Protection of Workers against the Risk of Exposure to Carcinogens and/or Mutagens (No. 91/15) also applies the provisions of this Convention. The Committee notes that section 5 of the Ordinance on the Protection of Workers against the Risk of Exposure to Carcinogens and/or Mutagens (No. 91/15) requires the employer to replace carcinogenic and/or mutagenic substances with harmless or less dangerous substances or preparations.The Committee requests the Government to provide further information regarding the measures taken or envisaged to ensure that the national laws or regulations provide for the necessary measures, including appropriate penalties, to ensure effective enforcement of and compliance with the provisions of this Convention. It also requests the Government to provide information regarding the implementation of the Ordinance on the Protection of Workers against the Risk of Exposure to Carcinogens and/or Mutagens (No. 91/15) in relation to asbestos and asbestos-containing products.

Article 17(1). Demolition and removal work. The Committee notes that section 16 of the Ordinance on the Protection of Workers against the Risk of Exposure to Asbestos (No. 40/07) refers to regulations defining the conditions for demolition of buildings and maintenance work involving asbestos.The Committee requests the Government to provide further information regarding the measures taken to give effect to this provision of the Convention, including the regulations referred to in section 16 of the Ordinance on the Protection of Workers against the Risk of Exposure to Asbestos (No. 40/07).

Article 19(1). Disposal of waste containing asbestos. The Committee previously requested 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. The Committee notes the information provided by the Government regarding the procedures in place to handle and dispose of asbestos-containing waste. It notes the Ordinance on the Method and Procedures for Asbestos Waste Management (No. 42/07), which sets out measures for the prevention and reduction of asbestos contamination, and requires in section 7(3) that the work plan for the removal of asbestos or asbestos containing materials regulate, in particular, measures necessary for the protection of OSH of the workers and the obligation to use special protective equipment in line with special regulations on OSH. According to the information provided by the Government, the Environmental Protection and Energy Efficiency Fund concludes contracts for the construction of special cells, at landfills, designated for the disposal of waste containing asbestos. In this respect, the Committee notes the Government’s indication that it has constructed 17 special cells for the disposal of asbestos in 13 counties. The Government provides a list of collectors with a contract with the Environmental Protection and Energy Efficiency Fund, regarding the collection, transportation, temporary storage, and delivery for disposal of construction waste containing asbestos in a specially constructed cell at the municipal waste landfill. The Committee notes that the document provided by the Government, dating from 2013 and entitled “Instruction on Handling Asbestos Containing Construction Waste Intended for Disposal on Specially Constructed Cells on Landfills for Non-Hazardous Waste”, requires the preparation of construction waste containing asbestos for the certified collectors.

Article 20(4). Right of workers or their representatives to request monitoring and appeal to the competent authorities. The Committee requests the Government to provide information regarding the manner in which effect has been given to Article 20(4) of the Convention.

Article 21(4). Means of maintaining workers’ income. The Committee requests the Government to provide information regarding the measures taken or envisaged to ensure that, when continued assignment to work involving exposure to asbestos is found to be medically inadvisable, every effort shall be made, consistent with national conditions and practice, to provide the workers concerned with other means of maintaining their income, in accordance with Article 21(4) of the Convention.

Article 21(5). System of notification of occupational diseases caused by asbestos. The Committee notes the indication by the Government that the CIHPSW gathers data on persons with asbestos-related health problems into their register and that this data is published annually online. Section 21(2) of the Ordinance on the Protection of Workers against the Risk of Exposure to Asbestos (No. 40/07) also refers to the requirement to notify established cases of asbestosis and mesothelioma in accordance with special regulations. The Government further notes that there is an extensive follow-up programme of workers exposed to asbestos, and preventive health monitoring programmes are in place for the surveillance of the health status of workers exposed to asbestos every three years, until 30 years after the last exposure.The Committee requests the Government to provide further information regarding the notification procedures for asbestos-related occupational diseases to the CIHPSW as well as the regulations referred to in section 21(2) of the Ordinance on the Protection of Workers against the Risk of Exposure to Asbestos (No. 40/07).

Article 22(2) and (3). Written policies and procedures for the education and periodic training of workers on hazards due to asbestos. Information about health hazards related to the work, instructions in preventive measures and correct work practices and continuing training in these fields. The Committee notes that section 18 of the Ordinance on the Protection of Workers against the Risk of Exposure to Asbestos (No. 40/07) requires information on health hazards to be provided by the employer to workers and their representatives. Section 15(2) of the Ordinance further provides that workers’ training programmes must enable workers to acquire skills and knowledge in relation to asbestos, including protective measures and the effects of asbestos on health. The Government also indicates that the employer must take measures to ensure that: workers and/or their representatives have access to the results of measurements of concentration of asbestos fibres in the working environment and are given interpretation of these results; and that workers and/or their representatives are informed as soon as possible about exceeding the maximum limit concentrations, and are consulted on the measures to be taken in an emergency, as well as informed of the measures which have been taken.The Committee requests the Government to provide further information regarding the training provided to workers on asbestos hazards and methods of prevention and control.

C. Protection in specific branches of activity

Underground Work (Women) Convention, 1935 (No. 45)

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism (SRM) Tripartite Working Group, classified Convention No. 45 as an outdated instrument, and has placed an item on the agenda of the 113th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also requested the Office to follow-up with member States currently bound by Convention No. 45 to encourage the ratification of up-to-date instruments concerning OSH, including but not limited to the Safety and Health in Mines Convention, 1995 (No. 176), and to undertake a campaign to promote the ratification of Convention No. 176.

The Committee therefore encourages the Government to follow up the Governing Body’s decision at its 334th Session (October–November 2018) approving the recommendations of the SRM Tripartite Working Group and to consider ratifying the most up-to-date instruments in this subject area.

Occupational Safety and Health Convention, 1981 (No. 155)

Occupational Health Services Convention, 1985 (No. 161)

Occupational Cancer Convention, 1974 (No. 139)

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Asbestos Convention, 1986 (No. 162)

Underground Work (Women) Convention, 1935 (No. 45)

Repetition

Legislation. The Committee notes the brief report submitted by the Government and the further regulation of measures to be taken for the prevention and control of, and protection against occupational hazards in the working environment due to noise pollution and vibration pursuant to Articles 4 and 8 of the Convention by the adoption of the Ordinance on Protection of Workers from Exposure to Noise at Work (NN 46/08) and the Ordinance on Protecting Workers from Risks Arising from Exposure to Vibration at Work (NN 115/08). The Committee notes, however, that the Government did not provide the texts requested in its previous comment. In order to enable the Committee to better appreciate the effect given to this Convention in the country, the Committee again requests the Government to transmit copies of legislation relevant for the implementation of the Convention in one of the working languages of the ILO, if possible, including the following texts:

• – the Noise Act (NN 20/05);
• – rules of rendering first aid to workers at workplaces (NN 56/83);
• – rules of establishing the general and special health fitness of workers and the fitness of workers for work under special working conditions (NN 3/84 and 55/85);
• – rules on jobs with special working conditions (NN 5/84);
• – rules on occupational safety and health concerning working and auxiliary premises and sites (NN 6/84, 45/84 and 42/05);
• – rules on occupational safety and health in work with substances containing polychlorinated biphenyl, polychlorinated naphthalene and polychlorinated terphenyl (NN 7/89);
• – rules on maximum permissible concentrations of harmful substances in the atmosphere of working premises and areas and on biological threshold values (NN 92/93);
• – rules on risk assessment (NN 78/97);
• – rules on preparing a risk assessment (NN 48/97, 114/02 and 126/03);
• – rules on the conditions in which legal entities may engage in work safety activities (NN 114/02 and 126/03);
• – rules on testing the working environment and the machines and appliances posing heightened risks (NN 114/02 and 126/03);
• – rules on maximum permissible noise levels in human working and living environments (NN 145/04);
• – rules on occupational safety in manual transportation of freight (NN 42/05); and
• – rules on occupational safety and health in work with computers (NN 69/05).

Article 11(1) of the Convention. Provision of periodical surveillance of the health of workers exposed or liable to be exposed to occupational hazards due to noise and vibration. The Committee notes the provisions in section 12 of NN 46/08 and in section 9 of NN 115/08, which both appear to provide for health surveillance in situations where workers exposed to occupational hazards due to noise and vibration have been exposed to noise or vibration in excess of the established limited values or have suffered damage due to noise or vibration in the course of their work. The Committee would like to draw the Government’s attention to the fact that the Convention also requires that measures be taken to ensure that workers who are exposed or liable to be exposed to occupational hazards due to noise and vibration be subject to periodical health surveillance, not only in cases when values have been exceeded or damage has been established. The Government is requested to provide further information on measures taken to ensure a full application of this provision in the Convention.

Article 11(3)–(4). Provision of alternative employment, the right to maintain income, social security benefits or social insurance. The Committee notes that the Government’s report contains no response to the questions raised in the Committee’s previous comment. It further notes that according to section 9 of NN 115/08 the employer is required “to take into account” “the possibility of assigning [workers who are found to have hearing damage or an identifiable disease or adverse health effect due to vibration] to alternative work”. The Committee reiterates that the Convention provides that a transfer to alternative employment is required when continued assignment is considered medically inadvisable, that is before any damage has occurred. Furthermore, there is no information, regarding the right of transferred (but not necessarily injured) workers to maintain their income and to avoid their rights under social security or social insurance legislation being adversely affected. The Committee requests the Government to provide further information on measures taken to give full effect to this provision of the Convention.

Article 12. Notification to the competent authority. The Committee notes that the report is silent on the question regarding the absence of information on the requirement that a competent authority shall be notified of the use of processes, substances, machinery and equipment, which involve exposure of workers to occupational hazards due to air pollution. The Committee again requests the Government to provide information on measures taken to give effect to this provision of the Convention.

Application in practice. The report is silent on this matter. The Committee again requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice, taking into consideration the abovementioned provisions. Please include extracts from the reports of inspection services, and available information on the number of employed persons covered by the relevant legislation, disaggregated by sex, if possible, and the number and nature of contraventions reported.