Demande directe (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

The Committee takes note of the Government’s reports. Further to its observation, it draws the Government’s attention to the following points.

1. Articles 1 and 3 of the Convention. The Committee notes section 21, subsection 1, of the Labour Code, 1995, requiring the employer in general terms to maintain, inter alia, the workplace in a way which guarantees the protection of life and health of workers in accordance with specific laws and other regulations, and in accordance with the nature of the job carried out. In the same way, section 8 of the Act on safety and health protection at the workplace, 1996, declaring safety and health protection at the workplace as an integral part of the organization of work and the work process, prescribes that safety and health protection shall be carried out through safety and health activities at work and the application of recognized, contracted and laid down rules as well as through supplementary measures and instructions determined by the employer. To this effect, section 18, subsection 1, of the above Act requires the employer to make a risk assessment in order to take the necessary protective measures and to minimize the safety and health risk. With regard to the work with dangerous substances, the Committee notes section 45, subsection 1, of the Act on safety and health protection at the workplace, 1996, according to which the employer is obliged to promote occupational safety and health protection by applying less dangerous technologies, work methods or substances. Section 45, subsection 2, of that Act provides that the employer must apply safety and health protection regulations in accordance with the manufacturer’s regulations and instructions. Moreover, section 46, subsection 2, of this Act permits the use of dangerous substances only if the same work result cannot be achieved by using other non-dangerous substances. In the case that the replacement of dangerous substances by harmless substances is not possible, subsection 3 stipulates that the employer must find out whether the risks involved in the use of dangerous substances can be reduced through the application of different work methods. In this respect, the Committee notes the annex to the Rule No. 1791 of 7 September 1993, on the maximum concentration of harmful substances in the air of working premises and areas and on biological values, containing a list of harmful substances, which also includes asbestos. The Committee notes that, while the substances indicated on that list are not prohibited, section 5 of the above rule prescribes maximum tolerance levels based on an eight-hour working day with an average temperature of 20ºC for each of the substances. The Committee, taking due note of these laws and regulations, however, observes that there does not exist any specific legislation concerning the use of asbestos. The Committee therefore requests the Government to indicate whether legislative action has been taken or is envisaged to adopt laws or regulations concerning the use of asbestos, which prescribe the specific measures to be taken for the prevention, control of, and protection of workers against health hazards due to occupational exposure to asbestos. In this connection, the Committee further ventures to point out that these laws and regulations have to be reviewed periodically in the light of technical progress and advances in scientific knowledge, in conformity with paragraph 2, of Article 3, of the Convention.

2. Article 2, subparagraphs (a), (b), (c), (d), (e) and (g). The Government is asked to indicate the meaning given in national law and practice of the terms "asbestos", "asbestos dust", "airborne asbestos dust", "exposure to asbestos", and "workers’ representative".

3. Article 9. The Committee notes that pursuant to section 10, subsection 1, of the Act on safety and health protection at the workplace, 1996, providing that, in case the risks for workers’ safety and health cannot be eliminated by the application of basic rules of safety and health protection of workers, specific rules regarding workers’ safety and health protection at work as well as specific work methods are to be applied. According to subsection 3, the aforementioned specific rules on safety and health protection cover also procedures to be applied when working with dangerous substances. The Committee accordingly requests the Government to indicate whether such specific rules concerning safety and health protection at work have been adopted in application to section 10 of the Act on safety and health protection at the workplace, 1996, in particular with regard to the health protection of workers against the effects of their exposure to asbestos. If that is the case, the Committee would be grateful if the Government would supply a copy for further examination.

4. Article 10. With regard to the replacement of asbestos or products containing asbestos by other substitute materials or products, evaluated harmless or less harmful, the Committee notes that section 18 of the Act on safety and health protection at the workplace, 1996, obliges the employer to make a risk assessment regarding the use of dangerous substances. Section 46, subsection 2, of the same Act stipulates that dangerous substances may only be used if the same work result cannot be achieved by using other harmless substances. Hence, it appears to the Committee that the decision whether or not dangerous substances such as asbestos are replaced by less dangerous substances, depends on the work result to be achieved, and not on the availability of substitute substances. The Committee also concludes from the provision of section 5 of Rule No. 1791 of 7 September 1993 on the maximum concentration of harmful substances in the air of working premises and areas and on biological values, that the Croatian legislation in general does not provide for the prohibition of carcinogenic substances such as asbestos, but provides for maximum tolerance levels. The Committee accordingly requests the Government to indicate the measures taken or contemplated to ensure that, in the case where there is a reasonable substitute product, asbestos or products containing asbestos are indeed replaced by such products.

5. Article 13. As to notification to the competent authority of certain types of work involving exposure to asbestos, the Committee notes the Government’s indication contained in one of its reports that, while there does not exist any legal provision requiring the employer to notify to the competent authority of certain types of work involving exposure to asbestos, only two companies in the country process asbestos. Irrespective of the limited number of enterprises manufacturing asbestos, the Committee requests the Government to indicate whether certain types of work carried out by these two companies must be notified to the competent authority, and, if so, the Government is asked to specify the legal basis requiring such a notification to the competent authority.

6. Article 18, paragraphs 2, 3 and 4. With regard to the handling and cleaning of used work clothing and special protective clothing, the Committee notes that section 126 of the Regulations on occupational safety and health concerning non-metallic agents, 1986, requires the adoption of regulations at enterprise level, to provide, inter alia, for the worker’s obligation to clean his work clothing. It would appear to the Committee that, in consequence, the adoption of regulations on the handling and cleaning of used clothing and special protective clothing to be carried out under controlled conditions are not envisaged. The Committee therefore points out that Article 18, paragraph 2, of the Convention, calls for measures to be taken which provide that the cleaning of used work clothing and special protective equipment is to be carried out under controlled conditions, in order to prevent the release of asbestos dust. Moreover, paragraph 3, of Article 18, of the Convention, prohibits the taking home of work clothing and special protective clothing and of personal protective equipment. The Committee accordingly invites the Government to review the provision of section  126 of the Regulations on occupational safety and health concerning non-metallic agents, 1986, in the light of the requirements set forth by Article 18, paragraphs 2 and 3, of the Convention. In this context, the Committee ventures to point out that in application of Article 18, paragraph 4, of the Convention, the employer shall be responsible for the cleaning, maintenance and storing of work clothing, special protective clothing and personal protective equipment. The Committee accordingly requests the Government to take the necessary legal action to ensure that the responsibility for cleaning, maintenance and storing of work clothing, special protective clothing and personal protective equipment is placed on the employer.

7. Article 20, paragraph 2. As to the keeping of records of the monitoring of the working environment and of the exposure of workers to asbestos, the Committee notes section 74, subsection 2, and section 75, subsection 1, of the Act on safety and health protection at the workplace, 1996, enumerating the subjects on which the employer is required to keep records or books on monitoring. The Committee notes that, according to these provisions, the employer is not obliged to keep records of the monitoring of the working environment and of the exposure of workers to dangerous substances such as asbestos. The Committee therefore requests the Government to indicate whether the measurements of the working environment, which have to be carried out pursuant to section 48 of the Act on safety and health protection at the workplace, 1996, have to be recorded, and whether these records have to be kept for a period prescribed by the competent authority. If that is the case, the Committee requests the Government to specify the legal basis providing for the preservation of these records. 

8. Article 21, paragraph 4. The Committee notes that, pursuant to section 36, subsection 2, of the Act on safety and health protection at the workplace, 1996, the employer is prohibited to assign a worker to his work in case the result of the medical examination shows that the worker examined does not satisfy any longer the health requirements to pursue the work with particular working conditions. In this respect, the Committee notes, however, that there is no provision prescribing the measures to be taken in consequence, in order to provide the worker concerned with other means of maintaining his income. Recalling the provision of Article 21, paragraph 4, of the Convention, the Committee requests the Government to indicate the measures taken or envisaged to ensure that workers whose continued assignment to work with particular working conditions are provided with other means of maintaining their income.

9. Article 22, paragraph 2. With regard to the establishment of written policies and procedures for the education and periodic training of workers, the Committee notes that, pursuant to section 27, subsection 1, of the Act on safety and health protection at the workplace, 1996, the employer shall not permit a worker to carry out his work, which may represent a danger either to his own or the other workers’ safety, in an independent manner, if he has not received adequate instructions in safety and health. In the event, the worker has not received adequate instructions, the employer is obliged to ensure that this worker is supervised by other workers who have received training on occupational safety and health protection. In this relation, the Committee notes that section 28, subsection 1, of the above Act requires the employer to provide training in occupational safety and health to workers prior to the commencement of their work, prior to the assignment to another job, and before the introduction of changes in the work processes. In addition, section 30 of the same Act requires the employer to provide occupational safety and health training for workers’ safety representatives. With regard to the provision of Article 22, paragraph 2, of the Convention, the Committee requests the Government to indicate whether the above described education and training activities have to be founded on the basis of written policies and procedures. If that is not the case, the Committee requests the Government to indicate the measures taken or contemplated obliging the employer to establish written policies and procedures on measures for the education and the periodic training of workers.

10. In addition, the Committee draws the Government’s attention to the need to adopt measures on the following: consultations to be carried out with the most representative organizations of workers and employers concerned on the measures to be taken in prevention, control of, and protection of workers against health hazards due to occupational exposure to asbestos (Article 4); establishment of procedures for dealing with emergency situations (Article 6, paragraph 3); the carrying out of demolition of plants and structures containing asbestos only by employers or contractors who are recognized by the competent authority as qualified and who are empowered to do so (Article 17, paragraph 1); measures to be taken in relation to demolition of plants containing friable asbestos insulation materials, and removal of structures or building containing asbestos (Article 17, paragraphs 2 and 3); disposal of waste containing asbestos (Article 19); accession of workers concerned, their representatives and the inspection services to the records on the monitoring of the working environment and of workers’ exposure to asbestos (Article 20, paragraph 3); workers’ information on the results of their medical examination and provision of individual advice concerning their health in relation to their work (Article 21, paragraph 3); and development of a system of notification of occupational diseases caused by asbestos (Article 21, paragraph 5).

11. Furthermore, the Committee notes that section 113, subsection 1 of the Act on safety and health protection at the workplace, 1996, requires the designated Minister to adopt regulations for the implementation of the Act within one year following the entry into force of the law. In view of this fact, the Committee would be grateful if the Government would communicate the texts of regulations currently in force that implement the provisions of the Convention. The Committee therefore requests the Government to communicate a detailed report indicating for each Article of the Convention the provisions of national laws and regulations applying them.

12. Part V of the report form. The Committee finally requests the Government to supply, with its next report, information on the manner in which the Convention is applied in practice in the country, and to provide to this effect, e.g. extracts from inspection reports as well as information on the number of workers covered by the legislation, the number and nature of the contraventions reported, the number of occupational diseases reported as being caused by asbestos, etc.

[The Government is asked to reply in detail to the present comments in 2003.]