In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine the following Conventions together: Conventions Nos 45 (underground work (women), 139 (occupational cancer), 148 (working environment (air pollution, noise and vibration), 155 (OSH), 161 (occupational health services) and 162 (asbestos).

The Committee notes the observation of the Independent Trade Unions of Croatia (NHS) on Convention No. 155 received on 31 August 2023.

General provisions

Occupational Safety and Health Convention, 1981 (No. 155)

Articles 4 and 7 of the Convention. Review of the national OSH policy. The Committee notes the information provided by the Government in its report that the National Plan for Labour, Labour Protection and Employment (2021–27), has been adopted, as well as a corresponding Action Plan for its implementation between 2021 and 2024. The Government also indicates that the National Council for Work Safety meets periodically to discuss issues relating to improving occupational health and safety, and that information on its sessions is published online. The Committee also notes the observations made by the Independent Trade Unions of Croatia (NHS), which states that the frequency of meetings of the National Council are insufficient given the OSH problems in the country. The NHS also states that there is an imbalance in the composition of the Council, with the Government having three members and the social partners each having two. The union further states that the labour inspectorate should also be granted representation as a member of the body, given its importance in implementing and monitoring OSH regulations. The Committee requests the Government to provide information on the measures taken to ensure the implementation of the National Plan for Labour, Labour Protection and Employment (2021 - 2027) and its corresponding action plan. It requests the Government to pursue its efforts to ensure regular meetings of the National Council for Work Safety, and to continue to provide information on the issues discussed.

Articles 5(d), 19(b), (c), (e) and 20. Rights of safety and health representatives. Communication and cooperation between management and workers and/or their representatives. The Committee notes the information provided by the Government that the Ministry of Labour, Pension System, Family and Social Policy has issued a Guidance on the election of OSH representatives in order to facilitate the process of electing representatives in accordance with the Acts and Regulations. The Committee notes that the NHS states that the election of OSH representatives requires a complicated and lengthy procedure, discouraging workers from participating. The union also indicates that, in order to increase the number of OSH representatives, a trade union should have the right to appoint one in cases where a representative has not been elected (as is currently the case in the public sector). The Committee requests the Government to provide further information on the measures taken to ensure the implementation in practice of the provisions of the OSH Act concerning the election of OSH representatives (sections 70 and 101(7)), and to provide statistical information on the number of undertakings with workers’ safety representatives.

Articles 6 and 15. Functions and responsibilities. Coordination. The Committee notes the Government’s indication that changes have been made to the institutional structure regarding occupational safety and health, with the Croatian Institute for Health Protection and Safety at Work (CIHPSW) being incorporated into the Croatian Institute of Public Health (CIPH) and the responsibilities of the Institute for the Improvement of Safety at Work being taken over by the Ministry of Labour, Pension System, Family and Social Policy. In addition, the Government refers to cooperation between the labour inspectorate and the Ministry of Internal Affairs, Ministry of Finance and other bodies for the exchange of data, drafting of regulations, implementation of policies and campaigns. In this respect, the NHS states that there is currently no institution with sole responsibility for issues related to OSH in a comprehensive manner, while the Ministry of Health, to which the CIPH is linked, is not active on matters of occupational safety. The NHS also indicates that the Ministry of Health has not yet adopted all the ordinances required by section 103 of the OSH Act 2014. The Committee requests the Government to provide additional information on measures taken to ensure the necessary coordination between the CIPH under the Ministry of Health, the Ministry of Labour, Pension System, Family and Social Policy and the labour inspectorate on issues of occupational safety and health, and to provide information regarding the work on OSH carried out by the CIPH.

Articles 9 and 10. Enforcement and guidance to employers and workers. Taking into account that Croatia has ratified Convention No. 81 (labour inspection) and Convention No. 129 (labour inspection in agriculture), the Committee refers to its comments adopted in 2022 regarding the application of these two Conventions, including with regard to: 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 on OSH); and Articles 5(a), 14 and 21(g) of Convention No. 81 and Articles 12, 19 and 27(g) of Convention No. 129 (notification of cases of occupational diseases).

Article 11(c) and (e). Functions to be carried out progressively, including the establishment and application of procedures for the notification of occupational accidents and diseases by employers and the annual publication of information on occupational accidents and diseases. The Committee notes the information provided by the Government that, following the incorporation of the CIHPSW into the CIPH, the CIPH became the body responsible for data on work-related injuries based on reports submitted by the Croatian Health Insurance Fund (CHIF), and that information on rates of occupational diseases is available on the CIPH website. The Committee requests the Government for information regarding whether there is any cooperation between the Ministry of Labour, Pension System, Family and Social Policy and other bodies such as the CIPH for the production of annual statistics on occupational diseases.

Article 11(d). Holding of inquiries. The Committee notes the information provided by the Government in response to its previous request on the holding of inquiries that it is within the scope of the functions assigned to labour inspectors to conduct supervisory inspection when there is an event that causes the death of a person on the employer’s premises or when it causes an injury to a worker or person in the workplace for whom emergency medical assistance has been provided. This supervision must take place immediately after inspectors receive notification of the event’s occurrence from the employer, worker, policy or doctor responsible for first aid care. The Committee takes note of this information, which responds to its previous request.

Article 12. Obligations of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee once again notes that section 5 and Annex I of the Ordinance on Machinery Safety (No. 28/11) establishes the obligation for machinery manufacturers and their authorised representatives to comply with health and safety requirements, but does not extend it to persons who design, import, provide or transfer machinery, equipment or substances for occupational use. Therefore, the Committee requests once again the Government to provide information regarding the measures taken to prescribe the obligations of persons who design, import, provide or transfer machinery, as well as those who design, manufacture, import, provide or transfer equipment or substances for occupational use, in accordance with Article 12(a), (b) and (c) of the Convention.

Article 14. Measures for the inclusion of questions of occupational safety and health at all levels of education and training. The Committee notes the Government’s indication that an e-learning system has been implemented in the field of occupational safety through a European Social Fund project. The Committee also notes the observations made by the NHS that occupational health and safety issues have not yet been integrated into the education system at all levels. The Committee once again requests the Government to provide information regarding the measures taken or envisaged to promote the inclusion of questions of OSH and the working environment at all levels of education and training, including higher technical, medical and professional education, in a manner which meets the training needs of all workers.

Occupational Health Services Convention, 1985 (No. 161)

Articles 1, 2 and 3 of the Convention. National policy and plans to progressively develop occupational health services. The Committee notes the Government’s indication that the National Plan for Labour, Labour Protection and Employment (2021–27), states that occupational medicine specialists should be more present at workplaces, and that there is an insufficient number of these specialists. With reference to its comment above on Articles 4 and 7 of Convention No. 155, the Committee requests that the Government provide detailed information on the implementation of the National Plan for Labour, Labour Protection and Employment in relation to strengthening of occupational health services and increasing the number of occupational medicine specialists.

Article 8. Cooperation between employers, workers and their representatives with respect to occupational health services. Application in practice. The Committee notes the information provided by the Government that cooperation in the field of occupational health services between employers, workers and their representatives is carried out through OSH committees. It also notes the Government’s indication that, although these committees must include a doctor specialising in occupational medicine, there is an insufficient number of such specialists. The Committee requests the Government to provide further information regarding the measures taken or envisaged to guarantee the participation in practice of occupational medicine specialists in OSH committees.

Article 9(1). Multidisciplinary nature of occupational health services and composition of personnel. The Committee notes the information provided by the Government that, according to the Ordinance on Norms and Standards for the Performance of Health Activities (No. 52/2020), a medical team to conduct occupational health services must be composed of a doctor specialist in occupational medicine and a registered nurse. It also notes that for some groups of workers, according to the nature of the occupation and the work to be performed, there is specific legislation determining the inclusion of other medical specialities in mandatory health surveillance (such as for police officers, certain officials of the Ministry of the Interior and persons working in private protection). The Committee notes this information, which responds to the request made in the last comment.

Article 11. Qualifications of the personnel providing occupational health services. The Committee notes the information provided by the Government that the Ordinance on Norms and Standards for the Performance of Health Activities (No. 52/2020) establishes that the doctors who make up the medical team conducting occupational health services must be specialised in occupational medicine. In relation to section 82(7) of the OSH Act 2014, the Government refers to the implementation of the Ordinance on Authorisations for Occupational Safety and Health Affairs (No. 58/2022), which, in sections 14 and 15, establishes conditions for granting authorisation to employers and natural or legal persons to carry out occupational safety work. The Committee notes the information provided, which responds to the previous request for information.

Article 12. Surveillance of workers’ health during working hours. The Committee notes the Government’s reference to the provisions in the OSH Act stating that workers shall not incur costs relating to occupational safety and health and the Government’s statement that this includes requesting activities outside of working hours. The Committee requests the Government to confirm that, as far as possible, the surveillance of workers’ health in relation to work takes place during working hours, in accordance with Article 12 of the Convention.

Article 15. Occurrences of illness among workers and absence from work for health reasons. The Committee notes the information provided in the Government’s report that occupational health services are not currently informed on individual cases of ill health among workers and absence from work for health reasons, but that population-based data on accidents at work and occupational diseases is collected, analysed and published in the annual report of the CIPH. The Government also provides information regarding measures to ensure data collection and data sharing between the CHIF, CIPH and the labour inspectorate, and with the Statistical Office of the European Union in accordance with the Methodology of European Statistics on Accidents at Work (EUROSTAT). The Committee requests the Government to provide information on the measures taken or envisaged to give effect to Article 15 of the Convention and guarantee that occupational health services are informed of occurrences of ill health amongst workers and absence from work for health reasons.

Application of the Convention in practice. The Committee notes the information provided by the Government on the number of full-time medical teams and part-time medical teams that have submitted occupational medicine reports to the Occupational Medical Service, the number of doctors specialising in occupational medicine employed by the Occupational Medical Service, the total number of examinations carried out and the number of people insured. The Committee notes that there has been a drop in the number of occupational medicine specialists employed by the Occupational Medical Service, from 158 in 2016 to 145 in 2022, while the number of doctors with other specialities has risen from 4 in 2016 to 27 in 2022. The Committee again requests the Government to provide information on the number of workplaces covered by occupational medicine specialists, and whether any measures are in place to ensure communication between occupational health services and general practitioners where necessary. Noting the Government’s indication that an insufficient number of occupational medicine specialists is a challenge, the Committee also requests the Government to report on measures planned to address this.

Protection from specific risks

Occupational Cancer Convention, 1974 (No. 139)

Article 1(3) of the Convention. Periodic determination of carcinogenic substances and agents. The Committee notes with interest the information provided by the Government that the Ordinance on the Protection of Workers from Exposure to Hazardous Chemicals at Work, Exposure Limit Values and Biological Limit Values (No. 91/18 and 1/21) has adopted all the amendments made by the EU Directives regarding carcinogenic and mutagenic substances. The Committee also notes the information that the Ordinance on Testing the Working Environment (No. 16/16 and 120/22) determines the need for periodic measurement of hazardous substances in the workplace. The Committee notes this information, which responds to its previous request.

Application of the Convention in practice. The Committee notes the Government’s indication, in reply to its previous request, regarding the number of labour inspections carried out in the field of occupational health and safety. It notes the information provided concerning the number of administrative measures adopted in cases where violations related to the undertaking of risk assessments for physical, chemical and biological hazards, as well as the use of hazardous chemicals (sections 45 to 49 of the OSH Act), have been identified. The Committee notes the information provided, which responds to the previous request for information.

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Article 4(2) of the Convention. Technical standards and codes of practice. The Committee notes the information provided by the Government that the Code of Conduct (provided for in section 13 of the Ordinance on the Protection of Workers from Exposure to Noise at Work (No. 46/08)) will be addressed in a new ordinance that is in the process of being drafted. The Committee requests that the Government continue to provide information on the drafting of the Code of Conduct provided for in section 13 of the Ordinance on the Protection of Workers from Exposure to Noise at Work (No. 46/08).

Article 8(3). Criteria for determining the hazards of exposure to air pollution, noise and vibration and exposure limits. The Committee notes the information provided by the Government that section 4(4) of Ordinance on the Protection of Workers from Exposure to Hazardous Chemicals at Work, Exposure Limit Values and Biological Limit Values (No. 91/18 and 1/21) establishes that the testing of the concentration of hazardous substances in the workplace must be based on a detailed knowledge of the technological process or work procedure, in order to determine the possibilities of occurrence of certain hazardous substances in the worker’s breathing zone, while section 4(8) establishes the calculation formula for cases of simultaneous exposure to several substances. The Committee also notes that, pursuant to section 5(6), in jobs where workers are simultaneously exposed to the influence of several hazardous chemicals, the risk must be assessed on the basis of the source of danger and harmfulness representing a combination of all the harmful chemicals present. The Committee notes the information provided, which responds to the previous request for information.

Article 9(a). Working environment to be kept free from any hazard due to air pollution, noise or vibration throughtechnical measures applied to new plant or processes in design or installation. The Committee notes the Government’s indication that the Ordinance on Occupational Safety for Workplaces (No. 105/20) establishes, in section 7, that the occupational health and safety provisions of the Ordinance and the other special regulations on the subject must be applied during construction by all involved, including investors, designers, contractors, supervising engineers and auditors. The Committee also notes that section 8 establishes that the construction work of workplaces must comply with OSH requirements, including noise protection, ensuring microclimate conditions and protection against harmful atmospheric and climatic influences. With regard to noise, the Committee notes that the Ordinance on the Protection of Workers from Exposure to Noise at Work (No. 48/08) states that the risks arising from exposure to noise must be eliminated at their source or reduced to a minimum by taking into account the design and planning of workplaces and worksites (section 7(1)(c)). With regard to vibration, it notes that Ordinance on the Protection of Workers from Risks Due to Exposure to Vibrations at Work (No. 155/08) establishes that the development and implementation of a programme of technical or organizational measures to reduce exposure to mechanical vibration and associated risks to the lowest possible level must take into account the planning and layout of workplaces and work processes. The Committee notes this information, which responds to the request made in the previous comment.

Article 11(3) and (4). Provision of alternative employment, the right to maintain income, social security benefits or social insurance.The Committee requests further information regarding whether measures are taken or envisaged to ensure that the worker concerned is able to maintain his income through other measures if suitable alternative work is not found, in accordance with Article 11(3) of the Convention. The Committee further requests the Government to provide information on measures taken or envisaged to ensure that the rights of workers under social security or social insurance legislation are not adversely affected, in accordance with Article 11(4) of the Convention.

Article 12. Notification to the competent authority. The Committee notes that there is no provision in the legislation for notifying the competent authorities in cases of use of processes, substances, machinery and equipment that involve exposing workers to occupational risks due to noise and vibration. The Committee requests the Government to provide information on any measures envisaged for notification to the competent authorities when processes, substances, machinery and equipment, which involve exposure of workers to occupational hazards in the working environment due to noise and vibration, are used.

Asbestos Convention, 1986 (No. 162)

Articles 3(2) and 15 of the Convention. Periodic review in light of technical progress and advances in scientific knowledge, including review of limits for the exposure of workers to asbestos. The Committee notes the Government’s indication concerning exposure limits that it is awaiting the definition of new exposure limits by the European Commission (which is currently debating a proposal for a directive to amend Directive 2009/148/EC) in order to harmonize its legislation with the new guidelines. The Committee requests the Government to continue to provide information on the periodic review and update of exposure limits or other exposure criteria for asbestos.

Articles 5(2),10(b) and 17(1). Prohibition of the use of asbestos, appropriate penalties and demolition and removal work. The Committee notes the Government’s indication, in response to the Committee’s previous request relating to the implementation of the ban of 2006 on the production, trade and usage of asbestos and asbestos containing materials that the Ordinance on the Protection of Workers from Exposure to Hazardous Chemicals at Work, Exposure Limit Values and Biological Limit Values (No. 91/18 and 1/21) also applies the provisions of this Convention. The Committee further notes the Government’s indication that this Ordinance applies to the protection of workers from the risk of exposure to asbestos only where it prescribes a higher level of safety and health at work than that provided for in Directive 2009/148/EC of the European Parliament and of the Council of 20 November 2009, and also sets the exposure limit for asbestos according to the one defined by Article 8 of the same Directive. The Committee further notes the Government’s statement that workers are exposed to asbestos in Croatia only in the process of demolition work or removal of asbestos. The Committee once again requests the Government to provide further information regarding the measures taken to give effect to Article 17(1) of the Convention, including the adoption of regulations foreseen in section 16 of the Ordinance on the Protection of Workers against the Risk of Exposure to Asbestos (No. 40/07) on the conditions for demolition work.

Article 20(4). Right of workers or their representatives to request monitoring and appeal to the competent authorities. The Committee notes an absence of information on measures adopted to ensure, in law or in practice, that workers or their representatives have the right to request the monitoring of the working environment and to appeal to the competent authority concerning the results of the monitoring. The Committee once again requests the Government to provide information regarding the manner in which effect has been given to Article 20(4) of the Convention.

Article 21(4). Means of maintaining workers’ income. Following its previous comments, the Committee notes the Government’s indication that in case of occupational diseases and sick leave for occupational diseases, all medical costs and sick leave are compensated through the CHIF pursuant to the Ordinance on rights, conditions and manner of exercising the rights from the compulsory health insurance in the event of injury at work and occupational disease. The Committee requests the Government to provide further information on the implementation of Article 21(4) of the Convention, including statistical information on the compensation provided by the CHIF in cases where continued assignment to work involving exposure to asbestos is found to be medically inadvisable.

Article 21(5). System of notification of occupational diseases caused by asbestos. The Committee notes the information provided by the Government that the CIPH is notified of all asbestos-related occupational diseases in the country, and it notes the statistics provided on cases notified. The Committee also notes that the Ordinance on the Protection of Workers from Exposure to Hazardous Chemicals at Work, Exposure Limit Values and Biological Limit Values (No. 91/18 and 1/21) establishes in section 16(7)(c) the obligation to notify the body responsible for labour inspection or the institute responsible for health protection at work. The Committee takes note of this information, which responds to its previous request.

Article 22(2) and (3). Written policies and procedures for the education and periodic training of workers on hazards due to asbestos. Information about health hazards related to the work, instructions in preventive measures and correct work practices and continuing training in these fields. The Committee notes the Government’s information, in response to the previous comment, that the CIPH does not keep records of workers who have undergone training regarding the risks associated with asbestos. Taking note of the provisions on training in the Ordinance on the Protection of Workers against the Risk of Exposure to Asbestos (No. 40/07), the Committee requests the Government to provide information on the manner in which it ensures the education and periodic training of workers on asbestos hazards and methods of prevention and control, in accordance with Articles 22(2) and (3) of the Convention.

Protection in specific branches of activity

Underground Work (Women) Convention, 1935 (No. 45)

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism (SRM) Tripartite Working Group, classified Convention No. 45 as an outdated instrument, and has placed an item on the agenda of the 113th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also requested the Office to follow-up with member States currently bound by Convention No. 45 to encourage the ratification of up-to-date instruments concerning OSH, including but not limited to the Safety and Health in Mines Convention, 1995 (No. 176), and to undertake a campaign to promote the ratification of Convention No. 176.

The Committee therefore encourages the Government to follow up the Governing Body’s decision at its 334th Session (October–November 2018) approving the recommendations of the SRM Tripartite Working Group and to consider ratifying the most up-to-date instruments in this subject area. The Committee takes this opportunity to recall that in June 2022, the International Labour Conference added the principle of a safe and healthy working environment to the Fundamental Principles and Rights at Work, thus amending the 1998 Declaration on Principles and Fundamental Rights at Work. The Committee draws the Government’s attention to the possibility of requesting technical assistance from the Office for the purpose of bringing both the practice and the applicable legislation into conformity with the fundamental Conventions relating to OSH and to provide support for any consideration for ratification of the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187).