Demande directe (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Repetition

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Convention Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

The Committee notes the observations of the Union of Autonomous Trade Unions of Croatia (UATUC) and the Independent Trade Unions of Croatia (NHS) on Convention No. 81, received in 2016.

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 to employers and workers in the area of occupational safety and health (OSH). The Committee takes due note that, pursuant to section 29 of the Labour Inspectorate Act (No. 19/14) (LIA), labour inspectors may advise the employer, at the employer’s request and in direct relation to the subject of inspection, on the most efficient way to apply certain provisions of the regulations subject to inspection, and that an official note is to be recorded by the labour inspector on the content of the request and the advice provided. The Government also indicates in its report that, pursuant to section 36(1) of the LIA, labour inspectors shall issue administrative penalties where an irregularity has been found and where the LIA or other legislation provides for administrative penalties to be issued in such circumstances. In addition, the Government refers to administrative penalties provided in sections 91 and 92 of the Occupational Safety and Health Act (Nos 71/14, 118/14, 154/14) (OSH Act 2014) and the misdemeanour measures set out in sections 94 to 100 thereof. The Committee further notes the Government’s indication that the labour inspectorate cooperates with the Croatian Employers’ Association and trade unions, in occupational safety committees. The Committee requests the Government to continue to provide information regarding the manner in which the labour inspectorate provides technical information and advice to employers and workers, including further information regarding the nature, scope, and outcomes of the work of the labour inspectorate in occupational safety committees.

Article 4 of Convention No. 81 and Article 7 of Convention No. 129. Supervision and control by a central authority. The Committee notes the Government’s indication that, following the adoption of the LIA and in accordance with the Act on the Organisation and Scope of the Ministries and other Central State Administration Bodies, the labour inspection carried out by the former State Inspectorate, which ceased its activities, has been transferred to the labour inspectorate, an independent administrative organization within the Ministry of Labour and Pension System, with its central office in Zagreb. The UATUC and NHS allege that with the abolition of the State Inspectorate, inspections services became administrative organisations within different ministries, which led to the loss of autonomy and independence in the labour inspectorate’s work. The Committee requests the Government to provide further information regarding the measures taken or envisaged to ensure the effective functioning of the system of labour inspection under the supervision and control of the central authority.

Articles 5(a), 14 and 21(g) of Convention No. 81 and Articles 12, 19 and 27(g) of Convention No. 129. Effective cooperation between the inspection services and other government services and public institutions. Notification of cases of occupational diseases and statistics thereof. The Committee previously noted that the annual report on the work of the labour inspection services did not contain statistics on cases of occupational disease. In this respect, it notes the information contained in the Annual Report 2017 of the labour inspectorate that, during 2017, 19 inspections were carried out on the occasion of established diseases, involving 18 workers with occupational diseases. The Committee notes that, under section 63(9) of the OSH Act 2014, the occupational medicine specialist, to be appointed by the employer in accordance with regulations relating to health care and health insurance, is required to notify all cases suspected on reasonable grounds of being an occupational disease to a competent inspector and the institute competent for OSH. The Government further indicates 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 recognized occupational diseases, and that an online system for providing access to this data is being established. The Croatian Institute for Health and Protection and Safety at Work keeps a public registry of recognized occupational diseases at the national level, and these statistics cover occupational diseases in agriculture. The Committee requests the Government to continue to provide information on the establishment of an online system for data on occupational accidents and recognized occupational diseases, including its impact on the work of the labour inspectorate, and whether the system includes statistics on both occupational accidents and diseases covering workers in agriculture.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Conditions of service of labour inspectors. The Committee notes the Ordinance on the Activities and Working Conditions of the Civil Service (Nos 74/02, 58/08, 119/11, 33/13 and 65/15) and the Regulation on the Classification of Posts in the Civil Service (Nos 77/07, 13/08 and 81/08), referred to by the Government, and notes the provisions ensuring that inspectors receive a special allowance in addition to their basic salary. The Committee also notes the Government’s statement that labour inspectors are recruited for an indefinite period of time. The Committee requests the Government to provide further information regarding the conditions of work of labour inspectors, including opportunities for continuity and advancement within the inspectorate and the manner in which the Government ensures that the labour inspectors are independent of changes of government and of improper external influences, following the establishment of the new labour inspectorate.

Article 11(1)(b) of Convention No. 81 and Article 15(1)(b) of Convention No. 129. Transport facilities. With regard to its previous request for information regarding arrangements made to reimburse inspectors for any travelling and incidental expenses incurred in the performance of their duties, the Committee notes the Government’s indication that the reimbursement of travel costs of labour inspectors, both for transport and their stay at inspection sites, is regulated by the Collective Agreement for Civil Servants and Employees, and is calculated and paid accordingly, separate from their salary payment, so that they are reimbursed for all the costs related to inspection activities.

Article 12(1)(c)(iv) of Convention No. 81 and Article 16(1)(c)(iii) of Convention No. 129. Taking or removing for purposes of analysis samples of materials and substances used or handled. The Committee notes that section 34 of the LIA provides for the power of labour inspectors to temporarily seize any documents and objects that may be used as evidence in the misdemeanour or criminal procedure until a final decision has been rendered. Pursuant to section 33(4) of the LIA, the employer shall also prepare and submit, at the written request of the labour inspector and within a deadline sufficient to perform the obligation, accurate and complete data, information and materials required to conduct the inspection. The Committee requests the Government to provide information on any measures taken or envisaged to ensure that labour inspectors are empowered to carry out any examination, test or enquiry which they may consider necessary in order to satisfy themselves that the legal provisions are being strictly observed, including taking or removing for purposes of analysis samples of materials and substances used or handled, subject to the employer or his representative being notified of any samples or substances taken or removed for such purpose.

Articles 5(a), 20 and 21 of Convention No. 81 and Articles 12, 26 and 27 of Convention No. 129. Annual report on the work of the labour inspection services (in agriculture). In its previous comments, the Committee requested information regarding the sharing of data with other government bodies and institutions, with a view to establishing and updating the e-register of the labour inspectorate. In this respect, the Committee notes the Government’s indication that initial steps have been taken to link the e register with the records of various bodies, including the Croatian Pension Insurance Institute, the Tax Administration, and the Agency for Insurance of Workers’ Claims in Case of Employer’s Bankruptcy, and that the e-register also uses data from the Ministry of Entrepreneurship and Crafts and the Croatian Bureau of Statistics. The Committee also notes the efforts of the Government as part of the World Bank project, the “Social Protection System Modernization”, which aims to address labour inspectors’ need for quicker access to relevant registers, official records and databases. The Government indicates that this project may create the prerequisite for the development of special databases on employers, performed inspections, identified irregularities and measures undertaken to remedy irregularities. In addition, the Committee notes the Government’s indication that the e-register of the labour inspectorate contains up to-date data on inspections and the measures undertaken in the field of agriculture by labour inspectors. The Committee notes, however, that the Annual Report 2017 of the labour inspectorate does not seem to contain information on the subjects listed in Article 21(g) of Convention No. 81 concerning statistics of occupational diseases and Articles 27(a) to (g) of Convention No. 129 with regard to agriculture. The Committee requests the Government to give full effect to Article 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129, in particular with regard to the required information listed under Article 21(g) of Convention No. 81 and Article 27(a), (b), (c), (d), (e), (f), and (g) of Convention No. 129. It further requests the Government to continue to provide information regarding the cooperation and measures taken or envisaged for the improvement of the labour inspectorate’s e-register, as well as the impact of those measures on the labour inspectorate’s ability to publish its annual reports.

Issues specifically concerning labour inspection in agriculture

Article 9 of Convention No. 129. Training of labour inspectors in agriculture. The Committee notes the conditions for the recruitment of labour inspectors set out in section 11(10) and (11) of the LIA. The Committee also notes the Government’s reference to the training period of new labour inspectors by a mentor, and the manner in which subsequent trainings are conducted. With regard to its previous comments on the training of labour inspectors in areas related to agriculture, the Committee notes the Government’s indication that the labour inspectorate does not conduct special training in the field of agriculture, but that workshops take place at least twice per year in each regional office, during which issues related to agriculture are also considered. The Committee further notes the Government’s indication that the central office of the labour inspectorate provides additional instructions to labour inspectors if necessary. The Committee requests the Government to provide further information regarding the measures taken or envisaged to ensure that labour inspectors acquire the technical knowledge and are otherwise adequately trained for the performance of their duties in the area of agriculture, including the manner in which agriculture is discussed and the specific subjects covered in the workshops referred to by the Government, and the frequency of agricultural training in any other settings.

Articles 12(2) and 17 of Convention No. 129. Preventive control in association with other public bodies or approved institutions. The Committee previously noted that the preventive control of plants, materials or substances that may be hazardous for health or safety is assumed by the Agricultural and Phytosanitary Inspection at the Ministry of Agriculture. In this respect, the Committee notes the Government’s indication in response to its previous request that the labour inspectorate cooperates with agricultural and phytosanitary inspectors, but that such cooperation is carried out only when necessary. The Committee requests the Government to provide further information regarding the recent cooperation between the labour inspectorate and the agricultural and phytosanitary inspectors on the preventive control of new plant, new materials or substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety, including whether the Government has taken or envisaged any measures to plan more regular cooperation.