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

Guarding of Machinery Convention, 1963 (No. 119) - Croatia (Ratification: 1991)

1. The Committee notes the comments made by the Union of Autonomous Trade Unions of Croatia, in which the Union states that the Government's report on the application of this Convention would in general have been completely acceptable had the statements been supported by figures. It indicates that, had the Government submitted the reports of previous years with figures, one could have seen that the Convention was not fully respected. It adds that the report should have contained also reports by labour inspectors made over a certain period of time, backed by figures to indicate the state of matters, and an explanation of how many and what types of companies had been visited by labour inspectors.

The Committee notes the Government's reply which indicates that the Government had enclosed all information which it had at its disposal with the report on the application of the Convention. The Government adds that if the Committee considers that it is necessary to submit additional information, it would like to be so informed for it to give orders to the competent inspection services to collect such information for submission with its next report.

The Committee recalls that Article 15, paragraph 2, of the Convention requires the Government to provide appropriate inspection services for the purpose of supervising the application of the provisions of the Convention, or satisfy itself that appropriate inspection is carried out. The report form requests details of the inspection services provided for such supervision or details of the steps taken to ensure that appropriate inspection is carried out, including the nature of the inspection arrangements. In addition the Committee draws the Government's attention to point V of the report form which asks the Government to give a general appreciation of the manner in which the Convention is applied including, for instance, extracts from official reports and information on any practical difficulties in the application of the Convention. The Committee would be grateful if the Government would include all such information in its next report.

2. The Committee notes from the Government's report that, in 1996, the former Law on Occupational Safety and Health (Official Gazette, Nos. 19/83, 17/86, 46/92, 26/93 and 29/94) was in force. Since then the new Law on Occupational Safety and Health (Official Gazette, Nos. 59/96 and 94/96) has come into force on 25 July 1996, but that its application only commenced on 1 January 1997. The Committee also notes that, while the Government's last report covers the period until 1997, the indications given under the various Articles of the Convention are those of the previous law. Moreover the Committee notes that: (a) a certain number of provisions of the Convention are not applied by the provisions of national legislation referred to by the Government in its report or due to absence of any provisions on the matter; (b) section 113(1) of the 1996 Law on Occupational Safety and Health requires the designated Minister to adopt regulations for the implementation of the Law 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 and replace the ones cited in the Government's report whose validity seems limited by section 113(1) of the 1996 Law on Occupational Safety and Health. The Committee therefore requests the Government to communicate a detailed report indicating the provisions of national laws and regulations effectively applying the provisions of the Convention.

[The Government is requested to report in detail in 1999.]