Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) - Croatia (Ratification: 1991)

1. The Committee notes the information contained in the Government’s reports and the attached legislation. The Committee notes that the Government refers to numerous texts reportedly giving effect to certain provisions of the Convention including Articles 4 (concerning vibration) and 8, but which are not available to the Committee. In order to enable the Committee to appreciate the effect given to this Convention in the country, the Committee requests the Government to transmit copies of the following texts:

–      Rules of rendering first aid to workers at workplaces (NN No. 56/83);

–      Rules of establishing the general and special health fitness of workers and the fitness of workers for work under special working conditions (NN No. 3/84 and No. 55/85);

–      Rules on jobs with special working conditions (NN No. 5/84);

–      Rules on occupational safety and health concerning working and auxiliary premises and sites (NN No. 6/84, No. 42/05 and No. 45/84);

–      Rules on occupational safety and health in work with substances containing polychlorinated biphenyl, polychlorinated naphthalene and polychlorinated terphenyl (NN No. 7/89);

–      Rules on maximum permissible concentrations of harmful substances in the atmosphere of working premises and areas and on biological threshold values (NN No. 92/93);

–      Rules on risk assessment (NN No. 78/97);

–      Rules on preparing a risk assessment (NN No. 48/97, No. 114/02 and No. 126/03);

–      Rules on the conditions in which legal entities may engage in work safety activities (NN No. 114/02 and No. 126/03);

–      Rules on testing the working environment and the machines and appliances posing heightened risks (NN No. 114/02 and No. 126/03);

–      Rules on maximum permissible noise levels in human working and living environments (NN No. 145/04);

–      Rules on occupational safety in manual transportation of freight (NN No. 42/05);

–      Rules amending the Rules on occupational safety and health concerning working and auxiliary premises and areas (NN No. 42/05);

–      Rules on the programme, contents and method of testing the knowledge of employers or their authorized agents in the area of occupational safety (NN No. 69/05);

–      Rules on occupational safety and health in work with computers (NN No. 69/05).

2. Article 11, paragraphs 3 and 4, of the Convention. Provision of alternative employment, the right to maintain income, social security benefits or social insurance. The Committee notes that, with reference to sections 34(2), and 36(2) of OSHA-96, the Government indicates that effect is given to this provision, as employers are required to transfer workers to another job if it is found out that the workers’ health has been damaged on the previous job. The Committee notes that the Convention provides that such a transfer is required when continued assignment is considered medically inadvisable, i.e. before any damage has occurred. With apparent reference to the right for workers to maintain their income, the Government further indicates that an industrial injury must not be prejudicial to the promotion of workers, nor to the realization of any rights and benefits arising from employment or related employment. There is no information, however, regarding the right of transferred (but not necessarily injured) workers to maintain their income and to avoid that their rights under social security or social insurance legislation is adversely affected. The Committee requests the Government to provide further information on measures taken to give full effect to this provision of the Convention.

3. Article 12. Notification to the competent authority. The Committee notes the absence of information regarding the requirement that the competent authority shall be notified of the use of processes, substances, machinery and equipment, which involve exposure of workers to occupational hazards due to air pollutants. The Committee requests the Government to provide further information on measures taken to give effect to this provision of the Convention.

4. Part V of the report form. Practical application of the Convention. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice taking into consideration the mentioned provisions. Please include extracts from the reports of inspection services, and available information on the number of employed persons covered by the relevant legislation, disaggregated by gender, if possible, and the number and nature of contraventions reported.