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White Lead (Painting) Convention, 1921 (No. 13) - Croatia (Ratification: 1991)

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Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request, and has no further matters to raise in this regard.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes with regret that the Government’s reports have not been received.

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 161 and 155, received on 7 September 2016. The UATUC and NHS observe that the 2009–13 National Programme on Occupational Safety and Health (OSH) was not evaluated and that a new Programme has not been adopted, although tripartite consultations have been launched. Despite the entry into force of Act No. 71/14 on OSH and Acts Nos 150/2008 and 155/2009 on health care, their implementing regulations have not been adopted and there is no definition of occupational diseases in the national legislation. Although Act No. 71/14 on OSH establishes the right of workers to elect their representatives, it abolishes the right of trade unions to designate them, and it does not impose an obligation on employers to enable such elections. While pointing out the overlap and lack of coordination between the activities of the Institute for the Improvement of Occupational Safety and Health, established by Act No. 71/14 on OSH, and the Institute for Health Protection and Safety at Work, the UATUC and NHS indicate that the Government did not consult the social partners in the decision to transform the Institute for OSH Insurance into the Institute for Health Insurance. The Committee requests the Government to provide its comments on this subject.

The Committee notes the adoption of the following legislation, as indicated in the Government’s reports on the application of the Labour Inspection Convention, 1947 (No. 81), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129): the Labour Inspectorate Act (No. 19/14); the Labour Act (No. 93/14); the Occupational Safety and Health Act (Nos 71/14, 118/14, 154/14); the Chemicals Act (No. 18/13); the Act on Radiological and Nuclear Safety (Nos 141/13, 39/15); the Agriculture Act (No. 30/15); the Mandatory Health Insurance Act (Nos 80/13, 137/13); the Trades and Crafts Act (No. 143/13); the Act on the Organization and Scope of Work of Ministries and Other State Administration Bodies (Nos 150/11, 22/12, 39/13, 125/13, 148/13); the Civil Servants Act (Nos 92/05, 142/06, 77/07, 107/07, 27/08, 34/11, 49/11, 150/11, 34/12, 49/12, 37/13, 38/13, 01/15, 138/15); the Pension Insurance Act (Nos 157/13, 151/14, 33/15, 93/15); the Mandatory Health Insurance Act (Nos 80/13, 137/13); the Ordinance on the Testing of the Work Environment (No. 16/16); the Ordinance on Inspection and Testing of the Work Equipment (No. 16/16); the Ordinance on Occupational Safety and Health of Pregnant Workers and Workers Who Have Recently Given Birth or are Nursing (No. 91/15); the Ordinance on Protection of Workers from the Risks related to Exposure to Carcinogens or Mutagens (No. 91/15); the Ordinance on Protection of Workers from the Risks related to Dangerous Chemicals at Work (No. 91/15); the Ordinance on Safety Signs (No. 91/15); the Ordinance on Risk Assessment (No. 112/14); the Ordinance on Training in Occupational Health and Safety and on Passing Professional Competence Examination (No. 112/14); the Ordinance on Performance of Occupational Health and Safety Activities (Nos 112/14, 43/15, 140/15); the Ordinance on Authorized Performance of Occupational Safety and Health (Nos 112/14, 84/15). The Committee will examine the new information at its next session and requests the Government to send detailed reports on the application in law and practice of each Convention.

[The Government is asked to send detailed reports in 2017.]

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition
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 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 PbxS04), 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 in so far 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. Statistics as to morbidity and mortality with regard to lead poisoning. Application 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.

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.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the Government’s report and wishes to draw its attention to the following points.

2. Article 1 of the Convention. According to the Government’s report, white lead, lead sulphate and the products containing the mentioned pigments are not in use in Croatia. The Committee notes the indication of the Government that there are no other regulations which would specifically prohibit the use of certain compounds, apart from the Trade Toxic Agents Act. In this respect, the Committee recalls that, in accordance with this Article of the Convention, the State is entrusted to give effect to the provisions of this Article with legislation, administrative regulations, etc.

3. Article 3. The Committee notes that the Government considers that there is no point in prohibiting the work by women with particular substances if the use of such substances has already been prohibited. The Committee understands from this indication that the Government apparently does not consider it necessary to regulate the issue of employment of women in any painting work of an industrial character involving the use of white or sulphate of lead, or other products containing these pigments, as called for by this provision of the Convention. However, the Committee notes that Article 39 of the Occupational Safety and Health Act, 1996, provides that, during pregnancy, a woman shall not be assigned to work involving lead vapours and its inorganic compounds and that, when nursing, a woman shall not carry out work that may expose her to lead dust, emissions and vapour of lead and its compounds. The Committee therefore requests the Government to take the necessary measures to guarantee 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.

4. Article 5. The Committee notes with interest that, according to the Government’s report, the Occupational Safety and Health Act (Articles 45 to 49) provides that, in the case of use of a spray paint, the employer is obliged to ensure conditions for safe work by application of occupational safety and health principles, which means that priority should be given to technical measures and, when it is not possible to do so, by use of an appropriate protective device. The Committee also notes that, according to the Government’s report, as to washing facilities, Articles 164 to 171 of the Rules on occupational safety and health in working and auxiliary premises and sites prescribe requirements for such premises, depending on the number of workers. The Committee asks the Government to transmit a copy of this regulation.

5. Article 7. The Committee notes the indication of the Government that there have been no cases of poisoning or of occupational diseases due to exposure to white lead or lead sulphate. However, the Committee requests the Government to provide, in its next report, statistics with regard to lead poisoning among working painters, particularly on: (a) the morbidity - by notification and certification of all cases of lead poisoning; and (b) the mortality - by a method approved by the official statistical authority in the country.

6. Part V of the report form. The Government is requested to provide information in its next report on the practical application of the Convention, including relevant extracts from inspection reports, statistics disaggregated by sex, if available, information regarding the number of workers covered by the relevant legislation and the number and nature of contraventions reported.

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

The Committee notes the information supplied in the Government's report, which refers only to the application of Articles 1 and 3 of the Convention.

1. Article 1 of the Convention. The Committee notes with interest the Government's indication according to which the Trade Toxic Agents Act contains a list of toxic agents permitting their trade on the domestic market, and since white lead and sulphate of lead are not on the list, their use is not allowed. The Committee would request the Government to indicate whether white lead and sulphate of lead is prohibited in general.

2. Article 3. The Committee further notes the information provided by the Government with respect to the painting work of an industrial character which is considered as work under special working conditions. Therefore it is prohibited to employ young persons under the age of 18 to perform this kind of work. The Committee requests the Government to indicate if this prohibition is established by law and, in the case of an affirmative answer, the Government is requested to provide a copy of the authentic legal text for further examination. In addition, the Committee would point out that, in accordance with Article 3 of the Convention, also the performance of painting work of an industrial character by female workers should be prohibited. The Government is therefore requested to indicate measures taken or envisaged to give full effect to this Article of the Convention.

3. Furthermore, the Committee trusts that the Government will take the necessary steps in the near future, in consultation with the employers' and workers' organizations concerned, as called for in Articles 1 and 3 of the Convention, to ensure that full effect is given to the following provisions of the Convention: Article 1 (prohibition of the use of white lead and sulphate of lead in internal painting of buildings); Article 2 (regulation of the use of white lead in artistic painting); Article 5 (regulation of the use of white lead in painting operations for which its use is not prohibited); and Article 7 (establishment of statistics of morbidity and mortality due to lead poisoning).

The Committee would request the Government to communicate information on progress made in this respect.