Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Asbestos Convention, 1986 (No. 162) - Croatia (Ratification: 1991)

The Committee takes note of the Government’s reports. It notes the information supplied by the Government in relation to Article 2, subparagraph (g), and Article 21, paragraphs 4 and 5, of the Convention. Further to its observation, it would draw the Government’s attention to the following points.

1. Articles 1 and 3 of the Convention. The Committee notes the Government’s indication that occupational safety and health aspects are governed by the Occupational Safety Act, which, however, does not contain any specific provisions concerning the measures to be taken to prevent the workers exposed to asbestos in the course of the work from adverse health risks. The only provisions related to asbestos are comprised in the Rules on Safety at Work in Processing Non-Metallic Raw Materials, 1986, which however do not provide for an adequate application of the provisions of the Convention. In this respect, the Committee notes the Government’s indication contained in its report as well as the declaration of the Government representative in the Conference Committee on the Application of Standards at the 91st Session of the International Labour Conference in 2003 that the respective legislation is under review and that the adoption of new regulations is envisaged, particularly because of the fact that the Croatian Government, having signed the Stabilization and Association Agreement, is obliged to harmonize its legislation with the legislation of the European Union (EU) including the EU Directive related to asbestosis. The Committee hopes that the Government will soon take the necessary legislative action 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 recalls that these laws and regulations have to be reviewed periodically in the light of technical progress and advances in scientific knowledge, in conformity with Article 3, paragraph 2, of the Convention.

2. Article 9. The Committee notes the Government’s indication that the Rules on Safety at Work in Processing Non-Metallic Raw Materials, 1986, provides for adequate workplace hygiene measures when performing work in which the exposure to asbestos may occur. The Committee ventures to point out that Article 9(a) of the Convention calls for the adoption of engineering controls and work practices, to provide for the health protection of workers against adverse effects of their exposure to asbestos. In this context, workplace hygiene measures represent one of the measures to be taken. The Committee therefore requests the Government to take the necessary additional measures in the context of the revision of the legislation to give full effect to this provision of the Convention. As concerns the prescription of special rules and procedures, including authorization, for the use of asbestos or certain types of asbestos or products containing asbestos or for certain work processes, provided for in Article 9(b) of the Convention, the Government indicates that no special rules or procedures equivalent to this provision of the Convention exist in the Croatian legislation. The Committee accordingly invites the Government to incorporate equivalent provisions into national legislation in the framework of its envisaged legislative action to harmonize the national legislation with the respective EU directives and to give effect to this Convention.

3. 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 the Government’s explanation that section 46, subsection 2, of the Act on Safety and Health Protection at the Workplace, 1996, stipulating that dangerous substances may only be used if the same work result cannot be achieved by using other harmless substances, aims at giving priority to the substitution of carcinogenic substances by less harmful substances over the work result to be achieved. The Government adds that the adoption of rules related to carcinogenic substances is planned in which the replacement requirement of carcinogenic substances by harmless or less harmful substances is highlighted. The Committee accordingly hopes that the Government will soon adopt the rules indicated above prescribing in unequivocal terms for the substitution of asbestos or products containing asbestos by other substitute material or products, and requests the Government to communicate a copy of them as soon as they have been adopted.

4. Article 13. As to the notification to the competent authority of certain types of work involving exposure to asbestos, the Committee notes the Government’s indication that this requirement will be included in the amendments of the Rules on Safety at Work in Processing Non-Metallic Raw Materials, 1986. The Committee hopes that the amendments to the above Rules will be adopted soon, in order to give effect to this provision of the Convention.

5. Article 18, paragraphs 2, 3 and 4. With regard to the handling and cleaning of used work clothing and special protective clothing, the Government refers to sections 122-125 of the Rules on Safety at Work in Processing Non-Metallic Raw Materials, 1986, obliging the employer to provide facilities with separate lockers for clean and contaminated clothing, as well as appropriate washrooms. The Committee while noting that these provisions do not regulate the cleaning of used clothing and special protective clothing, observes that section 126 of these Rules provides for the "… workers’ obligation to clean their work clothing and wash themselves after finishing their work". It 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, Article 18, paragraph 3, of the Convention, prohibits the taking home of work clothing and special protective clothing and of personal protective equipment. The Committee accordingly requests the Government to review the provision of section 126 of the Rules on Safety at Work in Processing Non-Metallic Raw Materials, 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 hopes that the Government, as stated by itself, will not fail 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.

6. 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 that section 50, subsection 1, of the Act on Safety and Health Protection at the Workplace, 1996, requires the employer to inspect the workplaces where work process include, inter alia, the use or manufacture of dangerous substances. The methods of measurement are defined in the Rules on the monitoring of the working environment, machines and equipment, which pose a health hazard. The Committee while taking note of the above provisions recalls the Government that this provision of the Convention obliges the employer 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 take the measures in the framework of the announced legal action, in the light of the requirements set forth in Article 20, paragraph 2, of the Convention.

7. Article 22, paragraph 2. With regard to the establishment of written policies and procedures for the education and periodic training of workers, the Committee noted previously 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 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 noted 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. In its present report the Government refers to the provision of section 18, subsection 5, of the Act on Safety and Health Protection at the Workplace, 1996. The Committee observes that this provisions provides for written instructions to ensure that the work process is carried out in compliance with occupational safety and health regulations, and hence does not provide for written policies and procedures on measures for the education and periodic training of workers on asbestos hazards and methods of prevention and control. Recalling the provision of Article 22, paragraph 2, of the Convention, the Committee requests the Government to indicate whether the education and training activities set forth under sections 27-30 of the Act on Safety and Health Protection at the Workplace, 1996, are founded on the basis of written policies and procedures. If that is not the case, the Committee requests the Government to take the necessary measures obliging the employer to establish written policies and procedures on measures for the education and the periodic training of workers.

8. In addition, the Committee draws again the Government’s attention to the need to adopt measures in the framework of the announced legislative activities, on the following: definition of the terms in national law and practice of "asbestos", "asbestos dust", "airborne asbestos dust" and "exposure to asbestos" (Article 2, subparagraphs (a), (b), (c), (d) and (e)); 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); access of workers concerned, their representatives and the inspection services to the records on the monitoring of the working environment and the workers’ exposure to asbestos (Article 20, paragraph 3); and 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).

9. Part V of the report form. The Committee notes the documentation provided with the Government’s report reflecting the manner in which the Convention is applied in practice in the country. It invites the Government to continue to supply such information, which enables the Committee to determine the extent to which the Convention is indeed applied in practice.

Finally, the Committee would request the Government to indicate whether "Salonit" factory still produces products containing asbestos, and to indicate whether any action has been taken, to protect as well the general public which might have been in contact with these products.