Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (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.