Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

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

With reference to its previous comments, the conclusions of the ILO high-level direct contacts mission to Croatia from 2 to 6 April 2007 (the mission), and the discussions in the Conference Committee on the Application of Standards, most recently in June 2008, the Committee notes the detailed information submitted by the Government in its reports of March 2008 concerning measures taken since the mission, and of November 2008 concerning the legislative, judicial, institutional and environmental protection measures taken by it to follow up on the conclusions of the mission and of the Conference discussion in 2008, to improve the application of the Convention in the country and to adopt a more holistic approach to occupational safety and health in the country.

As regards legislative measures taken, the Committee notes with satisfaction that as a follow-up to the conclusions of the mission, the following legislation has been adopted:

–           Act on Mandatory Health Monitoring of Workers Occupationally Exposed to Asbestos.

–           Act on Amendments to the List of Occupational Diseases Act.

–           Act on Requirements for Obtaining an Old-Age Pension by Workers Occupationally Exposed to Asbestos.

–           Act on Compensating Workers Occupationally Exposed to Asbestos.

–           Act on Amendments to the Occupational Health and Safety Act.

–           Act on Amendments to the Occupational Health and Safety Insurance Act.

–           Act on Amendments to the Health-Care Act.

The Committee also notes that the Government indicates that implementing legislation to the Act on Mandatory Health Monitoring of Workers Occupationally Exposed to Asbestos, including diagnostic procedures and criteria for establishing a list of occupational diseases caused by asbestos, has been drafted and is due to be published in the Official Gazette shortly. The Committee also notes, with interest, the measures taken to raise awareness concerning the Act on Compensating Workers Occupationally Exposed to Asbestos and to facilitate the filing and handling of claims for compensation through, inter alia, occupational medicine specialists and outreach activities to the trade unions and associations of persons suffering from asbestos-related diseases (ARDs) such as the “Asbestos beagles” from Vranjic and “Victims of Asbestos” from Plǒce. The Committee notes that the Government now has enacted the legislative programme it undertook to carry out at the conclusion of the mission and that it has created the necessary legal basis for complying with the Convention. It urges, however, the Government to adopt all relevant implementing legislation, take all relevant action to ensure that the legislative measures taken are effectively implemented and to pursue its efforts to raise awareness among all workers occupationally exposed to asbestos regarding the possibilities to seek redress and to facilitate the procedures for those who wish to do so by filing claims for compensation. It requests the Government to submit copies of all relevant new legislation and to report on progress made in this respect.

With respect to the question of effective compensation of victims and providing them with old-age pension on more favourable conditions, the Committee notes the detailed information regarding the work of the Commission for Settling Claims for Compensation by Workers Suffering from Occupational Diseases Due to Exposure to Asbestos, the body responsible for handling claims for compensation. It notes that, until November 2008, 26 claims for a total of 2,115,336 Croatian Kunas have been awarded. The Committee further notes the information that the Commission cooperates with national courts to identify the large number of workers suffering from ARDs that already have been awarded claims for compensation but who have been unable, wholly or partially, to collect damages from the employer for whom they worked when they were exposed to asbestos and that information is also sought from the relevant enterprises. The Committee also notes the information regarding the claims for old-age pension and that until November 2008, 79 out of 135 workers of Salonit Vranjic had met the requirements for obtaining old-age pension pursuant to the Act on Requirements for Obtaining an Old-Age Pension by Workers Occupationally Exposed to Asbestos and that 21 had actually started to receive this pension. It also notes the information that, out of the 468 former workers from Plobest, in Plǒce, who had not yet received old-age pensions, only 40 workers had filed claims for old-age pensions pursuant to the Act and that 27 had been awarded a pension. While noting that some progress has been made in the processing of claims and the award of old-age pensions, the Committee urges the Government to take all measures necessary to minimize the delays incurred for those entitled to compensation and to old-age pension, to ensure that all claims and requests are handled as expeditiously as possible and to report on progress made in this respect.

At regards measures taken at the institutional level the Committee notes that, in addition to setting up the Commission for Settling Claims for Compensation by Workers Suffering from Occupational Diseases Due to Exposure to Asbestos, the legislative amendments in 2008 to the Occupational Health and Safety Act, the Occupational Health and Safety Insurance Act and the Health-Care Act referred to above, were enacted to create the basis for the setting up as of 1 January 2009 of the Croatian Institute for Health and Safety at Work to replace the Croatian Institute for Occupational Medicine. The Committee notes that this new institution will be staffed with 55 experts including occupational medicine specialists, psychologists, toxicologists and occupational health and safety specialists and will be responsible for preventive activities, statistical research, education and promotion of occupational health and safety, on the basis of a multidisciplinary approach. The Committee notes with interest that this new institution is intended to provide administrative and professional support not only in the normative area, but also towards building capacities for prevention, counselling and research and that it is to assist and cooperate with the tripartite National Council for Occupational Health and Safety to resolve various issues connected with the protection of health and safety at work. The Committee welcomes these developments and requests the Government to provide further information on the actual activities of the new institution once it has become operational and to provide further details regarding the institutional cooperation between the National Council for Occupational Health and Safety and the Croatian Institute for Health and Safety at Work.

As regards measures taken to rehabilitate the Salonit factory and adjacent areas, the Committee notes the adoption of a Waste Management Plan 2007–15, the Transport of Hazardous Substances Act, the Ordinance on the Methods and Procedures for the Management of Asbestos containing Waste and the Decision on Action to be Undertaken by the Fund for Environmental Protection and Energy Efficiency to implement emergency measures aimed at setting up a system for collecting and managing asbestos containing waste. It also notes the detailed information concerning the completion of the remediation of asbestos cement waste and of the facilities of the Salonit Vranjic factory and at the Mravinacka Kava landfill in September 2007 and, most recently, of the football field adjacent to the Salonit Vranjic factory. The Committee notes the requirements that all work related to remediation has been carried out under expert supervision by an authorized company. The Committee also notes that the recent decision enables the competent ministry to respond to the numerous inquiries regarding the manner and location for the disposal of asbestos containing waste and that it has published a list of the companies holding a waste management licence and that are authorized to collect, transport and dispose of waste that contains asbestos, giving effect to Article 19 of the Convention. While welcoming these developments, it urges the Government to ensure that the new legislative measures adopted will be applied throughout the country and asks the Government to report on progress in this respect.

With reference to the conclusions of the Conference Committee regarding the fragmented approach taken to the general application of the Convention, the Committee notes the information that a National Programme for Occupational Health and Safety is being prepared by the National Council for Occupational Health and Safety and is to be adopted before the end of 2008. It notes that, through this National Programme, the Government intends to define a national occupational health and safety policy, allocate funds for resolving certain OSH issues, and to provide for further implementing OSH regulations to the Occupational Health and Safety Act. The Committee notes that the proposed National Programme will specify areas for targeted action and that action is to be governed by the following strategic principles: partnership and cooperation of all the stakeholders; the prevention of risks; sustainable development and reasonableness used to minimize risks. The basic goals of the Programme are to reduce the number of occupational accidents, the number of occupational diseases and work-related diseases and to prevent and reduce economic losses due to occupational accidents and diseases. The Committee welcomes this approach and hopes that, once it has become operational and effectively implemented, the National Programme will contribute to a more holistic approach to OSH in the country and constitute a framework for national OSH legislation, including the legislation relevant for the application of the present Convention. The Committee asks the Government to report on progress made in this respect, and to pay particular attention to the need for coherent national action in the general application of the Convention.

[The Government is asked to report in detail in 2010.]