Observación (CEACR) - Adopción: 2022, Publicación: 111ª reunión CIT (2023)

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 Conventions Nos 155 (OSH), 161 (occupational health services) and 162 (asbestos) together.

The Committee notes the observations of the Union of Autonomous Trade Unions of Croatia (UATUC) and the Independent Trade Unions of Croatia (NHS), received in 2016.

A. General provisions

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

Application of the Convention in practice. The Committee notes the information in the registry of the Croatian Institute for Health Protection and Safety at Work (CIHPSW) for 2017, and notes with concern that the total number of recorded cases of occupational diseases increased between 2016 and 2017, from 153 in 2016 to 172 in 2017. It also notes the information that, according to the Annual Report in 2017 of the labour inspectorate, there were 22 fatalities at work in 2017.The Committee requests the Government to continue to provide information on the manner in which the Convention is applied, and to continue to provide the number, nature and cause of occupational accidents and cases of occupational disease reported.Occupational Health Services Convention, 1985 (No. 161)

Articles 5(a), (b), (c), (d), (e), (g), (h), (i) and (k) and 6 of the Convention. Establishment and functions of occupational health services. The Committee notes the repeal of the former Occupational Safety and Health Act by the OSH Act 2014, and recalls that sections 22 and 82 of the repealed legislation gave effect to Article 5 of the Convention. The Committee notes that section 80 of the OSH Act 2014 requires the employer to provide employees with occupational medical services so as to ensure health surveillance appropriate to risks, hazards and exertions during work with a view to protecting the health of employees. Section 81 of the OSH Act 2014 further provides that occupational medicine activities, as well as the plan and programme of health protection measures, shall be prescribed by special regulations on health protection and health insurance, and that the minimum hours that the occupational medicine specialist is required to be present at the workplace shall be stipulated in an Ordinance. In this respect, the Committee notes the observations of the UATUC and the NHS, stating that, as of 2016, the Ministry of Health had not adopted regulations prescribing elements such as the minimum hours the occupational medicine specialist has to spend at the workplace, or the procedures for administering first aid. The Committee also notes the Government’s indication that the occupational medicine specialist’s participation in risk assessments at the workplace is not prescribed by national legislation, and that experience indicates that the employer rarely consults occupational medicine specialists during such assessments in practice, even though Article 5(a) of the Convention prescribes that the functions of occupational health services shall include the identification and assessment of the risks from health hazards in the workplace. In addition, section 20 of the Health Care Act (as amended) sets out types of healthcare that fall within the category of specific healthcare for workers, but provides that the content of measures on specific healthcare of workers and the method for implementing them shall be laid down by the Minister of Health in an Ordinance at the proposal of the CIHPSW, subject to prior approval by the Minister of Labour and the Pension System. The UATUC and NHS indicate, however, that these measures have not been prescribed.Noting that the OSH Act 2014 does not directly give effect to the majority of the provisions of Article 5 and requires the adoption of special regulations that have yet to be adopted, the Committee urges the Government to provide the information on the measures taken to give full effect to Articles 5 and 6 of the Convention. The Committee further requests the Government to indicate whether measures have been taken to adopt special regulations concerning occupational health activities and the plan and programme of health protection measures, as envisaged by section 81 of the OSH Act 2014, as well as the Ordinances referred to in section 20 of the Health Care Act. The Committee requests the Government to provide the list of such regulations where they have been adopted.

B. Protection from specific risks

Asbestos Convention, 1986 (No. 162)

Effective compensation of workers of the Salonit factory. In its previous comments, the Committee requested information regarding the application in practice of the Law on compensation of workers employed with Salonit d.d. (No. 84/11), pursuant to which workers employed in the Salonit factory (which manufactured asbestos products) when it declared bankruptcy in 2006 could apply for compensation within 60 days (section 2). In this regard, the Committee notes the Government’s indication in its report that the payment to the workers of compensation due to job loss was planned in instalments over two years in 2011 and 2012. The Committee notes with interest the Government’s indication that all requests for compensation have been resolved, with all 170 workers from the Salonit factory being compensated where they were eligible for compensation and had submitted a request to the Fund for Environmental Protection and Energy Efficiency. The Committee also notes the information provided by the Government regarding the establishment of an Ad-hoc Commission for Complaints to deal with appeals against the decisions taken by the Fund, consisting of representatives from the Ministry for Environmental Protection, Physical Planning and Construction, Ministry of Economy, Labour and Entrepreneurship, Ministry of Finance, Ministry of Justice and Fund for Environmental Protection and Energy Efficiency.The Committee requests the Government to continue to provide information on any developments regarding this issue, including the number of appeals launched, and on the decisions taken by the Ad-hoc Commission for Complaints.

The Commission for Settling Claims for Compensation by Workers Suffering from Occupational Diseases Due to Exposure to Asbestos (the Commission). The Committee notes the information provided by the Government that, since the establishment of the Commission in 2007 until mid-2016, 1,318 claims had been resolved (1,072 resulting in compensation), 22 were pending before the courts, and 245 were yet to be resolved. The Committee notes the observations by the UATUC and the NHS, which provide different statistics regarding resolved and unresolved claims for compensation. The Committee also notes an absence of information regarding measures taken to raise the awareness of workers regarding possibilities for seeking redress.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.

Application of the Convention in practice. The Committee notes the information provided by the Government regarding the registry of the CIHPSW on asbestos-induced occupational diseases, which are published annually online and includes up-to-date data and statistics on asbestos-induced diseases, broken down by geographical distribution, types of disease, gender, age, types of education and training and other metrics. The Committee notes that, according to the data of the CIHPSW, 89 cases of asbestos-induced occupational illnesses were registered in 2017, of which 79 (88.8 per cent) were men and ten (11.2 per cent) were women. In addition, the Committee notes that, according to the data of the CIHPSW, the percentage of occupational diseases caused by exposure to asbestos in 2017 was 52 per cent (89 out of 172 recorded cases).Noting the percentage, which remains high, of occupational diseases caused by asbestos, the Committee urges the Government to strengthen its efforts to ensure the medical surveillance in practice of workers that are or have been exposed to asbestos. The Committee further requests the Government to continue to provide information regarding the application of this Convention in practice, including any measures taken at the institutional level in the application of the Convention. In addition, the Committee requests the Government to provide information regarding the application in practice of the prohibition on the usage of asbestos and asbestos-containing materials in Croatia, which entered into force on 1 January 2006.