Occupational Safety and Health Convention, 1981 (No. 155) - Croatia (Ratification: 1991)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comments: direct request and observation

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).

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comments: Direct request and observation.

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 Conventions Nos 155 (OSH), 161 (occupational health services) and 162 (asbestos) together.

A. General provisions

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

Application of the Convention in practice. The Committee notes the data provided by the Government in its report related to notifications of accidents at work, including the total number of fatalities at work and the overall accident rate by branch of activity. The Committee notes that the total number of recorded cases of occupational diseases increased between 2020 and 2022, with 264 in 2020, 1,700 in 2021 and 1,370 in 2022. According to the information provided by the Government, the rise in occupational diseases in 2021 and 2022 was related to the COVID-19 pandemic, which corresponded to the cause of almost 95 per cent of recognized occupational diseases in the period. The Committee requests the Government to pursue its efforts to ensure the application of ratified OSH Conventions and to continue to provide statistics on the occupational accidents and cases of occupational diseases.

Occupational Health Services Convention, 1985 (No. 161)

Article 5(a), (b), (c), (d), (e), (g), (h), (i) and (k) of the Convention. Functions of occupational health services. The Committee notes with interest the information provided by the Government, concerning the adoption of ordinances concerning various risks, which set out the functions of occupational health services. The Ordinance on the protection of workers from exposure to dangerous chemicals at work, exposure limit values, and biological limit values (No. 91/18) stipulates that a risk assessment in workplaces where workers are exposed to hazardous chemicals should take into account, where possible, conclusions resulting from the health surveillance of workers to be carried out by an occupational health specialist. The Ordinance specifies that health surveillance includes a workplace tour. The Ordinance on the protection of workers from risks due to exposure to biological agents at work (No. 129/20) establishes conditions for mandatory health surveillance, to be conducted by the competent occupational health specialist or another authorized body, and specifies that the specialist or body should also propose all necessary protective or preventive measures for the workers covered by health surveillance. The Ordinance on the protection at work of workers exposed to stato-dynamic, psycho-physiological, and other efforts at work (No. 73/21) provides that when a major psycho-social risk has been assessed in the risk assessment, occupational health specialists and, if necessary, psychologists should participate in the development and implementation of preventive measures. These specialists should also participate in the education of workers on the prevention of such risks and should take appropriate measures when they notice signs and symptoms of diseases that may be caused by these risks. The Ordinance provides that, through a specialist in occupational medicine, the employer should ensure that workers are informed of certain health risks. The Committee requests the Government to indicate if the specialists of the Occupational Medical Service perform any of the functions outlined in Article 5(d) (testing and evaluation of new equipment), (g) (adaptation of work), (h) (vocational rehabilitation) and (k) (analysis of accidents and diseases).

B. Protection from specific risks

Asbestos Convention, 1986 (No. 162)

Effective compensation of workers of the Salonit factory. In response to the previous comment on the appeals lodged against the compensation claims by the workers of the Salonit factory, the Committee notes the Government’s indication that the Commission for Settlement of Compensation Claims of Workers Suffering from Occupational Diseases Due to Exposure to Asbestos as of 13 July 2023 had received 2,028 compensation claims in total and settled all claims. The Committee notes this information, which responds to the question raised in its previous request.

The Commission for Settling Claims for Compensation by Workers Suffering from Occupational Diseases Due to Exposure to Asbestos. The Committee notes the information provided by the Government that the current Commission, appointed by the Government on 13 December 2018, received 297 requests, of which 260 were deemed to be well-founded, 34 deemed unfounded and 3 requests were withdrawn. It also notes the Government’s indication that the website of the Croatian Health Insurance Fund contains instructions on how to submit a request for compensation. The Committee notes this information, which responds to the request made in the last comment.

Application of the Convention in practice. Following its previous comments, the Committee notes the information provided by the Government that, according to data collected between 2018 and 2022, the numbers of diseases related to exposure to asbestos is declining overall, from 57 cases in 2018 to 45 cases in 2022. The Committee requests the Government to continue to provide information regarding the application in practice of the Convention, including the implementation of the prohibition on the usage of asbestos and asbestos-containing materials in Croatia and the number of occupational diseases reported.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

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 recalls that in its previous comments, it had noted the adoption by the Government of a list of legislation related to labour inspection and OSH, and had requested the Government to provide detailed reports on the application of these Conventions.

The Committee notes the observations of the Union of Autonomous Trade Unions of Croatia (UATUC) and the Independent Trade Unions of Croatia (NHS) on Conventions Nos 155, 161 and 162, received in 2016.

A. 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 previously noted the adoption of the Occupational Safety and Health Act (Nos 71/14, 118/14, 154/14) (OSH Act 2014). It notes that, pursuant to section 6(1) of the OSH Act 2014, the Government systematically monitors the state of OSH in the country and, in consultation with representatives of employers and workers, identifies, proposes, implements and systematically reviews the OSH policy, and proposes amendments to legislation in order to improve safety and protect the health of employees. Section 7(1) of the OSH Act 2014 further sets out that the tripartite National Council for Work Safety monitors, analyses and evaluates the national OSH policy and system, informs the Government of its findings, and proposes necessary changes. The Committee notes, however, that the UATUC and NHS allege that the national OSH policy lacks coherence, and that revisions to the policy occur only when obligations under European Union (EU) legislation make it necessary to do so. The UATUC and NHS also indicate that there has been no new national programmes on OSH after the National Programme of Occupational Safety and Health for the period 2009–13. The Committee notes that, in its report on the application of Convention No. 161, the Government refers to section 6 of the OSH Act 2014, pursuant to which the Ministry of Labour and Pension System shall, in cooperation with the tripartite National Council for Work Safety, propose for adoption a national programme on OSH for a period of five years, with clearly defined activities.The Committee requests the Government to provide information on the manner in which it ensures the coherence of the national OSH policy and on its periodic review, including the frequency of the meetings of the National Council for Work Safety, the scope of its reviews and the issues discussed, as well as any resulting proposals made.

Articles 5(d), 19(b), (c), (e) and 20. Rights of safety and health representatives. Communication and cooperation at the level of the working group and the undertaking, between management and workers and/or their representatives. The Committee notes that the OSH Act 2014 provides for the election of workers’ safety representatives in sections 70 and 101(7), and in section 34, the establishment of an OSH committee in undertakings with 50 or more employees, consisting of the employer or his authorized officer, the OSH specialist, the occupational medicine specialist, and the workers’ safety representative or their coordinator. The Committee further notes that employers’ obligations under the OSH Act 2014 include: informing employees and the workers’ safety representative of all the risks and changes which might affect the health and safety of employees (section 32(1)); making available the appropriate documentation to the workers’ safety representative (section 32(5)); and consulting in advance and in a timely manner with the workers’ safety representative (sections 31 and 33). It further notes that, pursuant to section 71(2) of the OSH Act 2014, the workers’ safety representative’s rights include being present at inspection visits, raising objections to inspection findings if appropriate and involving a competent inspector, should a representative find that the health and safety of employees has been endangered and the employer fails or refuses to implement OSH measures. In this respect, the UATUC and the NHS observed that, in practice, there is a problem with workers’ representatives not being present at inspection visits, and noted that they are only invited to sign the inspection report, but not to be present during the determination of all the relevant facts during the inspection, so that they are, in effect, not entitled to submit objections to inspection reports. The UATUC and the NHS further noted that in small undertakings, there are minimal possibilities for workers’ representatives to be elected, and that at some workplaces, workers’ representatives do not have influence on employers’ decisions, and are not consulted as required by the OSH Act 2014.The Committee requests the Government to provide further information on the measures taken or envisaged to ensure the implementation in practice of sections 70 and 101(7) of the OSH Act 2014 concerning the election of safety representatives and to provide information on the application of Article 19(b), (c) and (e) of the Convention in practice, including statistics on the number of undertakings with workers’ safety representatives.

Articles 6 and 15. Functions and responsibilities. Coordination. The Committee notes the information in the Government’s report regarding the OSH functions and responsibilities of various institutions and stakeholders. It notes in this respect that section 1 of the OSH Act 2014 establishes the Institute for Occupational Safety Improvement, which systematically monitors the situation on occupational safety in Croatia, improves it through professional and administrative support, carries out research, provides advice, and undertakes preventive measures in the field of OSH. The Government further indicates in its report on the application of Convention No. 161 that the Institute for Occupational Safety Improvement is working on a data collector which will be the central information system in the field of OSH. The Committee notes the Government’s indication that the Croatian Institute for Health Protection and Safety at Work (CIHPSW), an independent health institution at national level, analyses occupational injuries, provides guidelines for employers, and actively trains in the domain of occupational health protection. It notes the observations of the UATUC and the NHS that there are some overlaps between the activities of the Institute for Occupational Safety Improvement and those of the CIHPSW, and that there is a lack of coordination between the policies and activities of these two bodies and the Ministry of Labour and Pension System. In addition, in its report on the application of Convention No. 161, the Government also refers to the existence of a working group on OSH, involving the Ministry of Health, the Ministry of Labour and Pension System, the labour inspectorate, the CIHPSW, the Croatian Institute for Health Insurance, the Institute for Occupational Safety Improvement and other entities, the coordinated activities of which have resulted in the application and development of preventive measures in the protection of OSH, the strengthening of professional platforms in the provision of information pertaining to OSH, and improved cooperation and communication with target groups.The Committee requests the Government to provide information on any measures taken or envisaged to ensure the necessary coordination between the Ministry of Labour and Pension System, the Institute for Occupational Safety Improvement, the CIHPSW, and the labour inspectorate. The Committee also requests the Government to provide information regarding the work of the working group on OSH involving the Ministry of Health, the Ministry of Labour and Pension System, the labour inspectorate, the CIHPSW, the Croatian Institute for Health Insurance, the Institute for Occupational Safety Improvement and other entities, including detailed information on the frequency, outcomes, and impact of its meetings. In addition, the Committee once again requests information regarding the manner in which cooperation between the labour inspectorate and inspection services in other areas is carried out.

Articles 9 and 10. 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 2018 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); Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129 (additional functions of labour inspectors); Articles 3(2), 10 and 16 of Convention No. 81 and Articles 6(3), 14 and 21 of Convention No. 129 (number of labour inspectors); 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); Articles 5(a), 17 and 18 of Convention No. 81 and Articles 12, 22(1) and 24 of Convention No. 129 (penalties); and Articles 5(a), 20 and 21 of Convention No. 81 and Articles 12, 26 and 27 of Convention No. 129 (annual report of the labour inspectorate).

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 that section 65 of the OSH Act 2014 sets out the duty for employers to notify cases of serious or fatal injuries to the body competent for inspections, immediately after the injury has occurred. With regard to the annual production of statistics and annual publication of information, the Committee notes the Government’s indication in its report on the application of Convention No. 81 that the Croatian Health Insurance Fund provides the labour inspectorate with monthly updated data on all occupational accidents which have occurred in the country and on the recognized occupational diseases. The Committee further notes that, pursuant to section 83 of the OSH Act 2014, the Institute for Occupational Safety Improvement conducts statistical surveys on OSH as part of its mandate. The annual report of the labour inspectorate also provides information regarding its work in the field of occupational safety.The Committee requests the Government to provide further information regarding the statistical surveys conducted by the Institute for Occupational Safety Improvement, including their frequency, their scope, and whether there is any cooperation between the Institute for Occupational Safety Improvement and other bodies such as the Croatian Health Insurance Fund, when it comes to the production of annual statistics on occupational accidents and diseases.

Article 11(d). Holding of inquiries. The Committee notes that, pursuant to section 32(9) of the OSH Act 2014, in the event of fatal or severe injury, the employer is obliged to call the workers’ safety representative to carry out an investigation at the workplace.The Committee requests the Government to provide further information regarding the procedures in place for the holding of inquiries, where cases of occupational accidents, occupational diseases or any other injuries to health which arise in the course of or in connection with work appear to reflect situations which are serious.

Article 12. Obligations of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee notes that the information provided by the Government on the application of this provision relates to the duties of employers. With regard to machinery, it notes that section 5 and Annex I of the Ordinance on Machinery Safety (No. 28/11) sets out health and safety requirements to be complied with by manufacturers and their authorized representatives.The Committee requests the Government to provide further information regarding the measures taken or envisaged to prescribe the obligations of persons who design, manufacture, import, provide or transfer machinery, 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 information provided by the Government regarding the Ordinance on Training in Occupational Health and Safety and on Competence Examinations (No. 112/14), which includes provisions for the methods and conditions of professional examinations for OSH coordinators, and of continuing professional training. The Committee also notes that section 29 of the OSH Act 2014 requires employers and their authorized officers to be educated and professionally trained in the field of OSH, in accordance with the risk assessment of the enterprise.The Committee requests the Government to provide further 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. In this respect, it also requests the Government to provide further information regarding the implementation of the Ordinance on Training in Occupational Safety and Health and on Competence Examinations (No. 112/14) and its impact on OSH in undertakings.

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 previously noted that the National Programme of Occupational Safety and Health for the period 2009–13 included specific policies concerning occupational health services, such as strategic goals to improve the efficiency of and access to occupational health services and to monitor the health of workers. In this respect, the Committee notes the observations of the UATUC and the NHS alleging that, as of 2016, the Government had not adopted a new national programme following the National Programme of Occupational Safety and Health for the period 2009–13, and that the Programme had not been periodically reviewed or evaluated.With reference to its comment above on Articles 4 and 7 of Convention No. 155, the Committee requests the Government to provide detailed information regarding any new national programme that has been proposed pursuant to section 6 of the OSH Act 2014, including its goals in relation to occupational health services, the manner in which the most representative organisations of employers and workers are consulted, the impact of its implementation for the progressive development of occupational health services for all workers, and the manner in which the programme is periodically reviewed.

Article 8. Cooperation between employers, workers and their representatives with respect to occupational health services. Application in practice. The Committee notes that the requirement in section 34(1) and (3) of the OSH Act 2014 setting up an OSH committee in undertakings with 50 or more employees involves the participation of the occupational medicine specialist appointed in accordance with a special regulation. Section 34 of the OSH Act 2014 further stipulates that the employer employing fewer than 50 employees shall be obliged to set up an OSH committee if prescribed to do so by a special law or regulation. The Committee notes the indication by the UATUC and the NHS that there is no data regarding the participation of occupational medicine specialists in OSH committees, or their influence in such committees, and that there is an insufficient number and unequal territorial distribution of occupational medicine specialists in the country. The Government also states that, in practice, employers rarely consult occupational medicine specialists when carrying out risk assessments.The Committee requests the Government to provide further information regarding the manner in which the employer, workers and their representatives, where they exist, cooperate and participate in the implementation of the organisational and other measures relating to occupational health services on an equitable basis, including information on the participation in practice of occupational medicines specialists in OSH committees.

Article 9(1) and (3). Multidisciplinary nature of occupational health services and composition of personnel. Cooperation between occupational health services and other bodies concerned with the provision of health services. The Committee requests the Government to provide information regarding the measures taken or envisaged to ensure that occupational health services are multidisciplinary and on the criteria according to which their composition is determined, in accordance with Article 9(1) of the Convention. The Committee also requests the Government to indicate the measures taken or envisaged to ensure adequate cooperation and coordination between occupational health services and other bodies concerned with the provision of health services, in accordance with Article 9(3) of the Convention.

Article 11. Qualifications of the personnel providing occupational health services. The Committee notes that the Government refers to section 27 of the Health Care Act, which includes the qualifications of healthcare professionals at the primary level, described under section 26 of the Health Care Act as including different types of healthcare and occupational medicine. In addition, the Committee notes that, under section 82(3) and (7) of the OSH Act 2014, a person may be authorized to provide training in safe working practices, in accordance with conditions to be stipulated in Ordinances to be adopted by the Minister.The Committee requests the Government to provide further information regarding the qualifications required for the personnel providing occupational health services. The Committee further requests the Government to provide information on any Ordinances that have been adopted pursuant to section 82(7) of the OSH Act 2014.

Article 12. Surveillance of workers’ health during working hours. The Committee notes that section 64(2) of the OSH Act 2014 stipulates that the employee shall not bear the costs of previous and periodic examinations, or of obtaining a certificate stating that they meet the special requirements for employment, in accordance with the relevant OSH rules and regulations. In this respect, the Committee notes the Government’s indication that, as per section 21 of the Health Care Act, workers are entitled to specific medical healthcare (occupational medical services) under the Mandatory Health Insurance Act (Nos 80/13, 137/13), which is mandatory for all persons employed in the private or public sectors. The Government also indicates that the cost of medical examinations are borne by the Croatian Institute for Health Insurance.The Committee requests the Government to provide information regarding the measures taken or envisaged to ensure that surveillance of workers’ health in relation to work shall take place as far as possible 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 requests the Government to provide information on the measures taken or envisaged to give effect to Article 15 of the Convention.

Application of the Convention in practice. The Committee notes the observations of the UATUC and the NHS that there is a lack of occupational medicine specialists in the country, and a missing link between general practitioners and occupational medicine specialists, as general practitioners and other specialized doctors do not recognize that changes in the workers’ health are a consequence of working conditions.The Committee requests the Government to provide further information regarding the application of the Convention in practice, including information on the number of workers covered by the legislation, the number of occupational medicine specialists hired and the number of workplaces that they cover, and whether any measures are in place to ensure communication between occupational health services and general practitioners where necessary.

B. 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 the Government’s indication that, since its accession to the European Union, the Government adheres to EU regulations concerning hazardous chemicals and carcinogenic, mutagenic or reprotoxic products and substances. The Committee also notes with interest the adoption of a number of pieces of legislation since the Government’s last report, including the Ordinance on the Protection of Workers against the Risk of Exposure to Carcinogens and/or Mutagens (No. 91/15), which defines carcinogens and mutagens in accordance with the EU Regulation on Classification, Labelling and Packaging (No. 1272/2008) and lays down minimum requirements for protection against carcinogens and/or mutagens.The Committee requests the Government to continue to provide information on developments related to its periodic determination of the carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorisation or control.

Article 2. Replacement of carcinogenic substances and agents. The Committee notes the information provided by the Government in reply to its previous request regarding information on measures taken to ensure the full application of Article 2of the Convention. In particular, the Committee notes that, pursuant to section 46(1) of the OSH Act 2014, the employer is required to continuously improve OSH by applying less hazardous and harmful technologies, work procedures and work substances. The Committee further notes the Government’s indication that, pursuant to section 5 of the Ordinance on the Protection of Workers against the Risk of Exposure to Carcinogens and/or Mutagens (No. 91/15), the employer shall replace carcinogens and/or mutagens at the workplace with harmless or less harmful substances, compounds or procedures, which, depending on the situation and usage conditions, are not harmful or are less harmful for the workers’ health and safety. In addition, section 6 of the Ordinance provides that employers are required to keep the number of exposed workers to the minimum possible.

Application of the Convention in practice. The Committee notes the information provided by the Government regarding the register of incidences of occupational diseases and the CIHPSW’s form for employers to complete on workers who work with carcinogens and mutagens, including the indication that, by the end of 2015, the CIHPSW had received information from 18 employers covering a total of 168 workers exposed to carcinogens and mutagens, with 159 workers having gone through medical examinations prior to work with carcinogens and mutagens, and 164 having gone through periodical medical examinations during the work period.The Committee requests the Government to continue to provide details on its appreciation of the manner in which the Convention is applied in the country, including information regarding inspections carried out and the number and nature of the contraventions reported.

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 requests the Government to indicate whether it has developed or intends to develop any technical standards or codes of practice relating to air pollution, noise or vibration, including the Code of Conduct envisaged under 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 that section 7(1) of the Ordinance on the Protection of Workers from Exposure to Noise at Work (No. 46/08) and section 6(1) of the Ordinance on Protecting Workers from Risks Arising from Exposure to Vibration at Work (No. 155/08) specify that technical progress should be taken into account when reducing risks from noise and vibrations to a minimum.The Committee requests the Government to continue to provide information regarding the manner in which it is ensured that criteria and exposure limits are revised regularly in the light of current national and international knowledge and data, taking into account as far as possible any increase in occupational hazards resulting from simultaneous exposure to several harmful factors at the workplace, in accordance with Article 8(3) of the Convention.

Article 9. Working environment to be kept free from any hazard due to air pollution, noise or vibration. The Committee notes that, under section 46(1) of the OSH Act 2014, the employer is obliged to continuously improve OSH by applying less hazardous and harmful technologies, work procedures and substances. The Committee also notes the Government’s reference to a number of provisions in national legislation providing for the requirement to eliminate or reduce the risks linked with exposure to noise, vibration, hazardous chemicals, carcinogens or mutagens and asbestos in workplaces, namely: section 47 of the OSH Act 2014; section 7 of the Ordinance on Protection of Workers from Exposure to Noise at Work (No. 46/08); section 6 of the Ordinance on Protecting Workers from Risks Arising from Exposure to Vibration at Work (No. 155/08); section 7 of the Ordinance on the Protection of Workers against the Risk of Exposure to Hazardous Chemicals at Work (No. 91/15); section 7 of the Ordinance on the Protection of Workers against the Risk of Exposure to Carcinogens and/or Mutagens (No. 91/15); and section 7 of 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 steps taken with respect to technical measures applied to new plant or processes in design or installation, with a view to ensuring that, as far as possible, the working environment is kept free from any hazard due to air pollution, noise or vibration, in accordance with Article 9(a) of the Convention.

Article 11(1). Provision of periodical surveillance of the health of workers exposed or liable to be exposed to occupational hazards due to noise and vibration. The Committee notes the Government’s reference, in response to its previous request concerning the application of Article 11(1),to section 36 of the OSH Act 2014, which sets out requirements for medical check-ups both prior to and during employment involving the performance of work with special working conditions. The Government also refers to section 3(18) of the Ordinance on Special Conditions of Employment (No. 5/84), which includes workers exposed to physical or chemical hazards, noise and vibration in the categories of jobs with special working conditions. The Committee notes that, pursuant to section 103(5) and (6) of the OSH Act 2014, the regulations concerning work with special conditions and requirements to be met by workers performing such work, referred to in section 36(6) of the OSH Act 2014, should have been adopted within 90 days of the entry into force of the OSH Act 2014, and that the Ordinance on Special Conditions of Employment (No. 5/84) shall only be valid until such adoption. The Committee observes that the noise exposure level contemplated by the Ordinance on Special Conditions of Employment (No. 5/84) is higher than the permissible noise levels contemplated in the Annex of the Ordinance on Protection of Workers from Exposure to Noise at Work (No. 46/08).The Committee requests the Government to indicate whether it has taken measures to adopt the regulations envisaged under section 36(6) of the OSH Act 2014.

Article 11(3) and (4). Provision of alternative employment, the right to maintain income, social security benefits or social insurance. The Committee notes the Government’s indication that, pursuant to section 40 of the OSH Act 2014, the employer is obliged to carry out special protection measures to prevent further damage to health and impairment of remaining work ability, for workers who have been diagnosed with an occupational disease, and for whom the competent expert body has determined, inter alia, a partial loss of work capacity. Section 40(3) of the OSH Act 2014 requires employers to adapt working conditions and organization of working hours, to remove the risks to safety and health, and to ensure the possibility of other appropriate work or work at a different site if adjustments are not technically feasible or justifiable. The Committee once again recalls that the Convention provides that a transfer to alternative employment is required when continued assignment is considered medically inadvisable, which in certain cases may be before any damage has occurred.The Committee asks the Government to indicate if the special protection measures referred to in section 40 of the OSH Act 2014 also cover the situation in which exposure to air pollution, noise or vibration is found to be medically inadvisable, even in cases where there is no occupational disease. The Committee also 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 the various requirements to provide advance notification for work involving: the production and use of carcinogenic and/or mutagenic substances (section 9(1) of the Ordinance on the Protection of Workers against the Risk of Exposure to Carcinogens and/or Mutagens (No. 91/15)); asbestos (section 5(1) of the Ordinance on the Protection of Workers against the Risk of Exposure to Asbestos (No. 40/07)); and biological agents (section 13 of the Ordinance on the Protection of Workers against the Risk of Exposure to Biological Agents at Work (No. 155/08)).The Committee requests the Government to provide information regarding the measures taken or envisaged to give full effect to this provision of the Convention in respect of noise and vibration.

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 that the Government refers in its report to a number of pieces of legislation applying the provisions of this Convention, including the List of Poisons whose Production, Transport and Use is Prohibited (No. 29/05); the Ordinance on the Protection of Workers against the Risk of Exposure to Asbestos (No. 40/07); the Ordinance on the Method and Procedures for Asbestos Waste Management (No. 42/07); the Act on Mandatory Health Monitoring of Workers Occupationally Exposed to Asbestos (No. 79/07); the Act to Amend and Supplement the Act on the List of Occupational Diseases (No. 107/07); the Ordinance on Conditions and Methods of Health Surveillance and Diagnostic Procedures when Suspecting Asbestos-related Occupational Diseases and the Criteria for Confirmation of Occupational Asbestos-related Disease (No. 134/08); the Act on Compensating Workers Occupationally Exposed to Asbestos (Nos 79/07, 139/10); the Act on the Requirements for Obtaining an Old Age Pension by Workers Occupationally Exposed to Asbestos (Nos 79/07, 149/09 and 139/10); the Ordinance on Limit Values of Exposure to Hazardous Substances at Work and on Biological Limit Values (Nos 13/09, 75/13); the OSH Act 2014; and the Ordinance on the Protection of Workers from Risks related to Exposure to Carcinogens and/or Mutagens (No. 91/15).The Committee requests the Government to continue to provide information regarding the manner in which technical progress and advances in scientific knowledge are taken into account in the periodic review of the national legislation regulating asbestos, including the periodic review and update of exposure limits or other exposure criteria for asbestos and the frequency and the procedures for such reviews.

Articles 5(2) and 10(b). Prohibition of the use of asbestos and appropriate penalties. The Government refers to the ban on the production, trade and usage of asbestos and asbestos containing materials in Croatia, which entered into force on 1 January 2006, and includes crocidolite. The Committee observes that the Ordinance on the Protection of Workers against the Risk of Exposure to Asbestos (No. 40/07) includes crocidolite in the definition of asbestos. The Committee further notes the Government’s indication that the Ordinance on the Protection of Workers against the Risk of Exposure to Carcinogens and/or Mutagens (No. 91/15) also applies the provisions of this Convention. The Committee notes that section 5 of the Ordinance on the Protection of Workers against the Risk of Exposure to Carcinogens and/or Mutagens (No. 91/15) requires the employer to replace carcinogenic and/or mutagenic substances with harmless or less dangerous substances or preparations.The Committee requests the Government to provide further information regarding the measures taken or envisaged to ensure that the national laws or regulations provide for the necessary measures, including appropriate penalties, to ensure effective enforcement of and compliance with the provisions of this Convention. It also requests the Government to provide information regarding the implementation of the Ordinance on the Protection of Workers against the Risk of Exposure to Carcinogens and/or Mutagens (No. 91/15) in relation to asbestos and asbestos-containing products.

Article 17(1). Demolition and removal work. The Committee notes that section 16 of the Ordinance on the Protection of Workers against the Risk of Exposure to Asbestos (No. 40/07) refers to regulations defining the conditions for demolition of buildings and maintenance work involving asbestos.The Committee requests the Government to provide further information regarding the measures taken to give effect to this provision of the Convention, including the regulations referred to in section 16 of the Ordinance on the Protection of Workers against the Risk of Exposure to Asbestos (No. 40/07).

Article 19(1). Disposal of waste containing asbestos. The Committee previously requested the Government to provide further information on the application throughout the country of legislative measures requiring all work related to remediation to be carried out under expert supervision by an authorized company. The Committee notes the information provided by the Government regarding the procedures in place to handle and dispose of asbestos-containing waste. It notes the Ordinance on the Method and Procedures for Asbestos Waste Management (No. 42/07), which sets out measures for the prevention and reduction of asbestos contamination, and requires in section 7(3) that the work plan for the removal of asbestos or asbestos containing materials regulate, in particular, measures necessary for the protection of OSH of the workers and the obligation to use special protective equipment in line with special regulations on OSH. According to the information provided by the Government, the Environmental Protection and Energy Efficiency Fund concludes contracts for the construction of special cells, at landfills, designated for the disposal of waste containing asbestos. In this respect, the Committee notes the Government’s indication that it has constructed 17 special cells for the disposal of asbestos in 13 counties. The Government provides a list of collectors with a contract with the Environmental Protection and Energy Efficiency Fund, regarding the collection, transportation, temporary storage, and delivery for disposal of construction waste containing asbestos in a specially constructed cell at the municipal waste landfill. The Committee notes that the document provided by the Government, dating from 2013 and entitled “Instruction on Handling Asbestos Containing Construction Waste Intended for Disposal on Specially Constructed Cells on Landfills for Non-Hazardous Waste”, requires the preparation of construction waste containing asbestos for the certified collectors.

Article 20(4). Right of workers or their representatives to request monitoring and appeal to the competent authorities. The Committee 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. The Committee requests the Government to provide information regarding the measures taken or envisaged to ensure that, when continued assignment to work involving exposure to asbestos is found to be medically inadvisable, every effort shall be made, consistent with national conditions and practice, to provide the workers concerned with other means of maintaining their income, in accordance with Article 21(4) of the Convention.

Article 21(5). System of notification of occupational diseases caused by asbestos. The Committee notes the indication by the Government that the CIHPSW gathers data on persons with asbestos-related health problems into their register and that this data is published annually online. Section 21(2) of the Ordinance on the Protection of Workers against the Risk of Exposure to Asbestos (No. 40/07) also refers to the requirement to notify established cases of asbestosis and mesothelioma in accordance with special regulations. The Government further notes that there is an extensive follow-up programme of workers exposed to asbestos, and preventive health monitoring programmes are in place for the surveillance of the health status of workers exposed to asbestos every three years, until 30 years after the last exposure.The Committee requests the Government to provide further information regarding the notification procedures for asbestos-related occupational diseases to the CIHPSW as well as the regulations referred to in section 21(2) of the Ordinance on the Protection of Workers against the Risk of Exposure to Asbestos (No. 40/07).

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 that section 18 of the Ordinance on the Protection of Workers against the Risk of Exposure to Asbestos (No. 40/07) requires information on health hazards to be provided by the employer to workers and their representatives. Section 15(2) of the Ordinance further provides that workers’ training programmes must enable workers to acquire skills and knowledge in relation to asbestos, including protective measures and the effects of asbestos on health. The Government also indicates that the employer must take measures to ensure that: workers and/or their representatives have access to the results of measurements of concentration of asbestos fibres in the working environment and are given interpretation of these results; and that workers and/or their representatives are informed as soon as possible about exceeding the maximum limit concentrations, and are consulted on the measures to be taken in an emergency, as well as informed of the measures which have been taken.The Committee requests the Government to provide further information regarding the training provided to workers on asbestos hazards and methods of prevention and control.

C. 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.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes that the Government’s reports have not been received. It is therefore bound to repeat its previous comments.

Repetition

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 Conventions Nos 155 (OSH), 161 (occupational health services) and 162 (asbestos) together.

The Committee notes the observations of the Union of Autonomous Trade Unions of Croatia (UATUC) and the Independent Trade Unions of Croatia (NHS), received in 2016.

A. General provisions

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

Application of the Convention in practice. The Committee notes the information in the registry of the Croatian Institute for Health Protection and Safety at Work (CIHPSW) for 2017, and notes with concern that the total number of recorded cases of occupational diseases increased between 2016 and 2017, from 153 in 2016 to 172 in 2017. It also notes the information that, according to the Annual Report in 2017 of the labour inspectorate, there were 22 fatalities at work in 2017.The Committee requests the Government to continue to provide information on the manner in which the Convention is applied, and to continue to provide the number, nature and cause of occupational accidents and cases of occupational disease reported.Occupational Health Services Convention, 1985 (No. 161)

Articles 5(a), (b), (c), (d), (e), (g), (h), (i) and (k) and 6 of the Convention. Establishment and functions of occupational health services. The Committee notes the repeal of the former Occupational Safety and Health Act by the OSH Act 2014, and recalls that sections 22 and 82 of the repealed legislation gave effect to Article 5 of the Convention. The Committee notes that section 80 of the OSH Act 2014 requires the employer to provide employees with occupational medical services so as to ensure health surveillance appropriate to risks, hazards and exertions during work with a view to protecting the health of employees. Section 81 of the OSH Act 2014 further provides that occupational medicine activities, as well as the plan and programme of health protection measures, shall be prescribed by special regulations on health protection and health insurance, and that the minimum hours that the occupational medicine specialist is required to be present at the workplace shall be stipulated in an Ordinance. In this respect, the Committee notes the observations of the UATUC and the NHS, stating that, as of 2016, the Ministry of Health had not adopted regulations prescribing elements such as the minimum hours the occupational medicine specialist has to spend at the workplace, or the procedures for administering first aid. The Committee also notes the Government’s indication that the occupational medicine specialist’s participation in risk assessments at the workplace is not prescribed by national legislation, and that experience indicates that the employer rarely consults occupational medicine specialists during such assessments in practice, even though Article 5(a) of the Convention prescribes that the functions of occupational health services shall include the identification and assessment of the risks from health hazards in the workplace. In addition, section 20 of the Health Care Act (as amended) sets out types of healthcare that fall within the category of specific healthcare for workers, but provides that the content of measures on specific healthcare of workers and the method for implementing them shall be laid down by the Minister of Health in an Ordinance at the proposal of the CIHPSW, subject to prior approval by the Minister of Labour and the Pension System. The UATUC and NHS indicate, however, that these measures have not been prescribed.Noting that the OSH Act 2014 does not directly give effect to the majority of the provisions of Article 5 and requires the adoption of special regulations that have yet to be adopted, the Committee urges the Government to provide the information on the measures taken to give full effect to Articles 5 and 6 of the Convention. The Committee further requests the Government to indicate whether measures have been taken to adopt special regulations concerning occupational health activities and the plan and programme of health protection measures, as envisaged by section 81 of the OSH Act 2014, as well as the Ordinances referred to in section 20 of the Health Care Act. The Committee requests the Government to provide the list of such regulations where they have been adopted.

B. Protection from specific risks

Asbestos Convention, 1986 (No. 162)

Effective compensation of workers of the Salonit factory. In its previous comments, the Committee requested information regarding the application in practice of the Law on compensation of workers employed with Salonit d.d. (No. 84/11), pursuant to which workers employed in the Salonit factory (which manufactured asbestos products) when it declared bankruptcy in 2006 could apply for compensation within 60 days (section 2). In this regard, the Committee notes the Government’s indication in its report that the payment to the workers of compensation due to job loss was planned in instalments over two years in 2011 and 2012. The Committee notes with interest the Government’s indication that all requests for compensation have been resolved, with all 170 workers from the Salonit factory being compensated where they were eligible for compensation and had submitted a request to the Fund for Environmental Protection and Energy Efficiency. The Committee also notes the information provided by the Government regarding the establishment of an Ad-hoc Commission for Complaints to deal with appeals against the decisions taken by the Fund, consisting of representatives from the Ministry for Environmental Protection, Physical Planning and Construction, Ministry of Economy, Labour and Entrepreneurship, Ministry of Finance, Ministry of Justice and Fund for Environmental Protection and Energy Efficiency.The Committee requests the Government to continue to provide information on any developments regarding this issue, including the number of appeals launched, and on the decisions taken by the Ad-hoc Commission for Complaints.

The Commission for Settling Claims for Compensation by Workers Suffering from Occupational Diseases Due to Exposure to Asbestos (the Commission). The Committee notes the information provided by the Government that, since the establishment of the Commission in 2007 until mid-2016, 1,318 claims had been resolved (1,072 resulting in compensation), 22 were pending before the courts, and 245 were yet to be resolved. The Committee notes the observations by the UATUC and the NHS, which provide different statistics regarding resolved and unresolved claims for compensation. The Committee also notes an absence of information regarding measures taken to raise the awareness of workers regarding possibilities for seeking redress.The Committee requests the Government to continue to ensure that all claims and requests for compensation by workers suffering from an occupational disease due to exposure to asbestos during the course of their employment are handled as expeditiously as possible. It requests the Government to provide information on progress in this respect, as well as on the measures taken to raise the awareness of such workers regarding the possibilities for seeking redress.

Application of the Convention in practice. The Committee notes the information provided by the Government regarding the registry of the CIHPSW on asbestos-induced occupational diseases, which are published annually online and includes up-to-date data and statistics on asbestos-induced diseases, broken down by geographical distribution, types of disease, gender, age, types of education and training and other metrics. The Committee notes that, according to the data of the CIHPSW, 89 cases of asbestos-induced occupational illnesses were registered in 2017, of which 79 (88.8 per cent) were men and ten (11.2 per cent) were women. In addition, the Committee notes that, according to the data of the CIHPSW, the percentage of occupational diseases caused by exposure to asbestos in 2017 was 52 per cent (89 out of 172 recorded cases).Noting the percentage, which remains high, of occupational diseases caused by asbestos, the Committee urges the Government to strengthen its efforts to ensure the medical surveillance in practice of workers that are or have been exposed to asbestos. The Committee further requests the Government to continue to provide information regarding the application of this Convention in practice, including any measures taken at the institutional level in the application of the Convention. In addition, the Committee requests the Government to provide information regarding the application in practice of the prohibition on the usage of asbestos and asbestos-containing materials in Croatia, which entered into force on 1 January 2006.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

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 recalls that in its previous comments, it had noted the adoption by the Government of a list of legislation related to labour inspection and OSH, and had requested the Government to provide detailed reports on the application of these Conventions.

The Committee notes the observations of the Union of Autonomous Trade Unions of Croatia (UATUC) and the Independent Trade Unions of Croatia (NHS) on Conventions Nos 155, 161 and 162, received in 2016.

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

Articles 4 and 7 of the Convention. Review of the national OSH policy. The Committee previously noted the adoption of the Occupational Safety and Health Act (Nos 71/14, 118/14, 154/14) (OSH Act 2014). It notes that, pursuant to section 6(1) of the OSH Act 2014, the Government systematically monitors the state of OSH in the country and, in consultation with representatives of employers and workers, identifies, proposes, implements and systematically reviews the OSH policy, and proposes amendments to legislation in order to improve safety and protect the health of employees. Section 7(1) of the OSH Act 2014 further sets out that the tripartite National Council for Work Safety monitors, analyses and evaluates the national OSH policy and system, informs the Government of its findings, and proposes necessary changes. The Committee notes, however, that the UATUC and NHS allege that the national OSH policy lacks coherence, and that revisions to the policy occur only when obligations under European Union (EU) legislation make it necessary to do so. The UATUC and NHS also indicate that there has been no new national programmes on OSH after the National Programme of Occupational Safety and Health for the period 2009–13. The Committee notes that, in its report on the application of Convention No. 161, the Government refers to section 6 of the OSH Act 2014, pursuant to which the Ministry of Labour and Pension System shall, in cooperation with the tripartite National Council for Work Safety, propose for adoption a national programme on OSH for a period of five years, with clearly defined activities. The Committee requests the Government to provide information on the manner in which it ensures the coherence of the national OSH policy and on its periodic review, including the frequency of the meetings of the National Council for Work Safety, the scope of its reviews and the issues discussed, as well as any resulting proposals made.

Articles 5(d), 19(b), (c), (e) and 20. Rights of safety and health representatives. Communication and cooperation at the level of the working group and the undertaking, between management and workers and/or their representatives. The Committee notes that the OSH Act 2014 provides for the election of workers’ safety representatives in sections 70 and 101(7), and in section 34, the establishment of an OSH committee in undertakings with 50 or more employees, consisting of the employer or his authorized officer, the OSH specialist, the occupational medicine specialist, and the workers’ safety representative or their coordinator. The Committee further notes that employers’ obligations under the OSH Act 2014 include: informing employees and the workers’ safety representative of all the risks and changes which might affect the health and safety of employees (section 32(1)); making available the appropriate documentation to the workers’ safety representative (section 32(5)); and consulting in advance and in a timely manner with the workers’ safety representative (sections 31 and 33). It further notes that, pursuant to section 71(2) of the OSH Act 2014, the workers’ safety representative’s rights include being present at inspection visits, raising objections to inspection findings if appropriate and involving a competent inspector, should a representative find that the health and safety of employees has been endangered and the employer fails or refuses to implement OSH measures. In this respect, the UATUC and the NHS observed that, in practice, there is a problem with workers’ representatives not being present at inspection visits, and noted that they are only invited to sign the inspection report, but not to be present during the determination of all the relevant facts during the inspection, so that they are, in effect, not entitled to submit objections to inspection reports. The UATUC and the NHS further noted that in small undertakings, there are minimal possibilities for workers’ representatives to be elected, and that at some workplaces, workers’ representatives do not have influence on employers’ decisions, and are not consulted as required by the OSH Act 2014. The Committee requests the Government to provide further information on the measures taken or envisaged to ensure the implementation in practice of sections 70 and 101(7) of the OSH Act 2014 concerning the election of safety representatives and to provide information on the application of Article 19(b), (c) and (e) of the Convention in practice, including statistics on the number of undertakings with workers’ safety representatives.

Articles 6 and 15. Functions and responsibilities. Coordination. The Committee notes the information in the Government’s report regarding the OSH functions and responsibilities of various institutions and stakeholders. It notes in this respect that section 1 of the OSH Act 2014 establishes the Institute for Occupational Safety Improvement, which systematically monitors the situation on occupational safety in Croatia, improves it through professional and administrative support, carries out research, provides advice, and undertakes preventive measures in the field of OSH. The Government further indicates in its report on the application of Convention No. 161 that the Institute for Occupational Safety Improvement is working on a data collector which will be the central information system in the field of OSH. The Committee notes the Government’s indication that the Croatian Institute for Health Protection and Safety at Work (CIHPSW), an independent health institution at national level, analyses occupational injuries, provides guidelines for employers, and actively trains in the domain of occupational health protection. It notes the observations of the UATUC and the NHS that there are some overlaps between the activities of the Institute for Occupational Safety Improvement and those of the CIHPSW, and that there is a lack of coordination between the policies and activities of these two bodies and the Ministry of Labour and Pension System. In addition, in its report on the application of Convention No. 161, the Government also refers to the existence of a working group on OSH, involving the Ministry of Health, the Ministry of Labour and Pension System, the labour inspectorate, the CIHPSW, the Croatian Institute for Health Insurance, the Institute for Occupational Safety Improvement and other entities, the coordinated activities of which have resulted in the application and development of preventive measures in the protection of OSH, the strengthening of professional platforms in the provision of information pertaining to OSH, and improved cooperation and communication with target groups. The Committee requests the Government to provide information on any measures taken or envisaged to ensure the necessary coordination between the Ministry of Labour and Pension System, the Institute for Occupational Safety Improvement, the CIHPSW, and the labour inspectorate. The Committee also requests the Government to provide information regarding the work of the working group on OSH involving the Ministry of Health, the Ministry of Labour and Pension System, the labour inspectorate, the CIHPSW, the Croatian Institute for Health Insurance, the Institute for Occupational Safety Improvement and other entities, including detailed information on the frequency, outcomes, and impact of its meetings. In addition, the Committee once again requests information regarding the manner in which cooperation between the labour inspectorate and inspection services in other areas is carried out.

Articles 9 and 10. 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 2018 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); Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129 (additional functions of labour inspectors); Articles 3(2), 10 and 16 of Convention No. 81 and Articles 6(3), 14 and 21 of Convention No. 129 (number of labour inspectors); 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); Articles 5(a), 17 and 18 of Convention No. 81 and Articles 12, 22(1) and 24 of Convention No. 129 (penalties); and Articles 5(a), 20 and 21 of Convention No. 81 and Articles 12, 26 and 27 of Convention No. 129 (annual report of the labour inspectorate).

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 that section 65 of the OSH Act 2014 sets out the duty for employers to notify cases of serious or fatal injuries to the body competent for inspections, immediately after the injury has occurred. With regard to the annual production of statistics and annual publication of information, the Committee notes the Government’s indication in its report on the application of Convention No. 81 that the Croatian Health Insurance Fund provides the labour inspectorate with monthly updated data on all occupational accidents which have occurred in the country and on the recognized occupational diseases. The Committee further notes that, pursuant to section 83 of the OSH Act 2014, the Institute for Occupational Safety Improvement conducts statistical surveys on OSH as part of its mandate. The annual report of the labour inspectorate also provides information regarding its work in the field of occupational safety. The Committee requests the Government to provide further information regarding the statistical surveys conducted by the Institute for Occupational Safety Improvement, including their frequency, their scope, and whether there is any cooperation between the Institute for Occupational Safety Improvement and other bodies such as the Croatian Health Insurance Fund, when it comes to the production of annual statistics on occupational accidents and diseases.

Article 11(d). Holding of inquiries. The Committee notes that, pursuant to section 32(9) of the OSH Act 2014, in the event of fatal or severe injury, the employer is obliged to call the workers’ safety representative to carry out an investigation at the workplace. The Committee requests the Government to provide further information regarding the procedures in place for the holding of inquiries, where cases of occupational accidents, occupational diseases or any other injuries to health which arise in the course of or in connection with work appear to reflect situations which are serious.

Article 12. Obligations of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee notes that the information provided by the Government on the application of this provision relates to the duties of employers. With regard to machinery, it notes that section 5 and Annex I of the Ordinance on Machinery Safety (No. 28/11) sets out health and safety requirements to be complied with by manufacturers and their authorized representatives. The Committee requests the Government to provide further information regarding the measures taken or envisaged to prescribe the obligations of persons who design, manufacture, import, provide or transfer machinery, 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 information provided by the Government regarding the Ordinance on Training in Occupational Health and Safety and on Competence Examinations (No. 112/14), which includes provisions for the methods and conditions of professional examinations for OSH coordinators, and of continuing professional training. The Committee also notes that section 29 of the OSH Act 2014 requires employers and their authorized officers to be educated and professionally trained in the field of OSH, in accordance with the risk assessment of the enterprise. The Committee requests the Government to provide further 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. In this respect, it also requests the Government to provide further information regarding the implementation of the Ordinance on Training in Occupational Safety and Health and on Competence Examinations (No. 112/14) and its impact on OSH in undertakings.

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 previously noted that the National Programme of Occupational Safety and Health for the period 2009–13 included specific policies concerning occupational health services, such as strategic goals to improve the efficiency of and access to occupational health services and to monitor the health of workers. In this respect, the Committee notes the observations of the UATUC and the NHS alleging that, as of 2016, the Government had not adopted a new national programme following the National Programme of Occupational Safety and Health for the period 2009–13, and that the Programme had not been periodically reviewed or evaluated. With reference to its comment above on Articles 4 and 7 of Convention No. 155, the Committee requests the Government to provide detailed information regarding any new national programme that has been proposed pursuant to section 6 of the OSH Act 2014, including its goals in relation to occupational health services, the manner in which the most representative organisations of employers and workers are consulted, the impact of its implementation for the progressive development of occupational health services for all workers, and the manner in which the programme is periodically reviewed.

Article 8. Cooperation between employers, workers and their representatives with respect to occupational health services. Application in practice. The Committee notes that the requirement in section 34(1) and (3) of the OSH Act 2014 setting up an OSH committee in undertakings with 50 or more employees involves the participation of the occupational medicine specialist appointed in accordance with a special regulation. Section 34 of the OSH Act 2014 further stipulates that the employer employing fewer than 50 employees shall be obliged to set up an OSH committee if prescribed to do so by a special law or regulation. The Committee notes the indication by the UATUC and the NHS that there is no data regarding the participation of occupational medicine specialists in OSH committees, or their influence in such committees, and that there is an insufficient number and unequal territorial distribution of occupational medicine specialists in the country. The Government also states that, in practice, employers rarely consult occupational medicine specialists when carrying out risk assessments. The Committee requests the Government to provide further information regarding the manner in which the employer, workers and their representatives, where they exist, cooperate and participate in the implementation of the organisational and other measures relating to occupational health services on an equitable basis, including information on the participation in practice of occupational medicines specialists in OSH committees.

Article 9(1) and (3). Multidisciplinary nature of occupational health services and composition of personnel. Cooperation between occupational health services and other bodies concerned with the provision of health services. The Committee requests the Government to provide information regarding the measures taken or envisaged to ensure that occupational health services are multidisciplinary and on the criteria according to which their composition is determined, in accordance with Article 9(1) of the Convention. The Committee also requests the Government to indicate the measures taken or envisaged to ensure adequate cooperation and coordination between occupational health services and other bodies concerned with the provision of health services, in accordance with Article 9(3) of the Convention.

Article 11. Qualifications of the personnel providing occupational health services. The Committee notes that the Government refers to section 27 of the Health Care Act, which includes the qualifications of healthcare professionals at the primary level, described under section 26 of the Health Care Act as including different types of healthcare and occupational medicine. In addition, the Committee notes that, under section 82(3) and (7) of the OSH Act 2014, a person may be authorized to provide training in safe working practices, in accordance with conditions to be stipulated in Ordinances to be adopted by the Minister. The Committee requests the Government to provide further information regarding the qualifications required for the personnel providing occupational health services. The Committee further requests the Government to provide information on any Ordinances that have been adopted pursuant to section 82(7) of the OSH Act 2014.

Article 12. Surveillance of workers’ health during working hours. The Committee notes that section 64(2) of the OSH Act 2014 stipulates that the employee shall not bear the costs of previous and periodic examinations, or of obtaining a certificate stating that they meet the special requirements for employment, in accordance with the relevant OSH rules and regulations. In this respect, the Committee notes the Government’s indication that, as per section 21 of the Health Care Act, workers are entitled to specific medical healthcare (occupational medical services) under the Mandatory Health Insurance Act (Nos 80/13, 137/13), which is mandatory for all persons employed in the private or public sectors. The Government also indicates that the cost of medical examinations are borne by the Croatian Institute for Health Insurance. The Committee requests the Government to provide information regarding the measures taken or envisaged to ensure that surveillance of workers’ health in relation to work shall take place as far as possible 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 requests the Government to provide information on the measures taken or envisaged to give effect to Article 15 of the Convention.

Application of the Convention in practice. The Committee notes the observations of the UATUC and the NHS that there is a lack of occupational medicine specialists in the country, and a missing link between general practitioners and occupational medicine specialists, as general practitioners and other specialized doctors do not recognize that changes in the workers’ health are a consequence of working conditions. The Committee requests the Government to provide further information regarding the application of the Convention in practice, including information on the number of workers covered by the legislation, the number of occupational medicine specialists hired and the number of workplaces that they cover, and whether any measures are in place to ensure communication between occupational health services and general practitioners where necessary.

B. 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 the Government’s indication that, since its accession to the European Union, the Government adheres to EU regulations concerning hazardous chemicals and carcinogenic, mutagenic or reprotoxic products and substances. The Committee also notes with interest the adoption of a number of pieces of legislation since the Government’s last report, including the Ordinance on the Protection of Workers against the Risk of Exposure to Carcinogens and/or Mutagens (No. 91/15), which defines carcinogens and mutagens in accordance with the EU Regulation on Classification, Labelling and Packaging (No. 1272/2008) and lays down minimum requirements for protection against carcinogens and/or mutagens. The Committee requests the Government to continue to provide information on developments related to its periodic determination of the carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorisation or control.

Article 2. Replacement of carcinogenic substances and agents. The Committee notes the information provided by the Government in reply to its previous request regarding information on measures taken to ensure the full application of Article 2 of the Convention. In particular, the Committee notes that, pursuant to section 46(1) of the OSH Act 2014, the employer is required to continuously improve OSH by applying less hazardous and harmful technologies, work procedures and work substances. The Committee further notes the Government’s indication that, pursuant to section 5 of the Ordinance on the Protection of Workers against the Risk of Exposure to Carcinogens and/or Mutagens (No. 91/15), the employer shall replace carcinogens and/or mutagens at the workplace with harmless or less harmful substances, compounds or procedures, which, depending on the situation and usage conditions, are not harmful or are less harmful for the workers’ health and safety. In addition, section 6 of the Ordinance provides that employers are required to keep the number of exposed workers to the minimum possible.

Application of the Convention in practice. The Committee notes the information provided by the Government regarding the register of incidences of occupational diseases and the CIHPSW’s form for employers to complete on workers who work with carcinogens and mutagens, including the indication that, by the end of 2015, the CIHPSW had received information from 18 employers covering a total of 168 workers exposed to carcinogens and mutagens, with 159 workers having gone through medical examinations prior to work with carcinogens and mutagens, and 164 having gone through periodical medical examinations during the work period. The Committee requests the Government to continue to provide details on its appreciation of the manner in which the Convention is applied in the country, including information regarding inspections carried out and the number and nature of the contraventions reported.

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 requests the Government to indicate whether it has developed or intends to develop any technical standards or codes of practice relating to air pollution, noise or vibration, including the Code of Conduct envisaged under 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 that section 7(1) of the Ordinance on the Protection of Workers from Exposure to Noise at Work (No. 46/08) and section 6(1) of the Ordinance on Protecting Workers from Risks Arising from Exposure to Vibration at Work (No. 155/08) specify that technical progress should be taken into account when reducing risks from noise and vibrations to a minimum. The Committee requests the Government to continue to provide information regarding the manner in which it is ensured that criteria and exposure limits are revised regularly in the light of current national and international knowledge and data, taking into account as far as possible any increase in occupational hazards resulting from simultaneous exposure to several harmful factors at the workplace, in accordance with Article 8(3) of the Convention.

Article 9. Working environment to be kept free from any hazard due to air pollution, noise or vibration. The Committee notes that, under section 46(1) of the OSH Act 2014, the employer is obliged to continuously improve OSH by applying less hazardous and harmful technologies, work procedures and substances. The Committee also notes the Government’s reference to a number of provisions in national legislation providing for the requirement to eliminate or reduce the risks linked with exposure to noise, vibration, hazardous chemicals, carcinogens or mutagens and asbestos in workplaces, namely: section 47 of the OSH Act 2014; section 7 of the Ordinance on Protection of Workers from Exposure to Noise at Work (No. 46/08); section 6 of the Ordinance on Protecting Workers from Risks Arising from Exposure to Vibration at Work (No. 155/08); section 7 of the Ordinance on the Protection of Workers against the Risk of Exposure to Hazardous Chemicals at Work (No. 91/15); section 7 of the Ordinance on the Protection of Workers against the Risk of Exposure to Carcinogens and/or Mutagens (No. 91/15); and section 7 of 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 steps taken with respect to technical measures applied to new plant or processes in design or installation, with a view to ensuring that, as far as possible, the working environment is kept free from any hazard due to air pollution, noise or vibration, in accordance with Article 9(a) of the Convention.

Article 11(1). Provision of periodical surveillance of the health of workers exposed or liable to be exposed to occupational hazards due to noise and vibration. The Committee notes the Government’s reference, in response to its previous request concerning the application of Article 11(1), to section 36 of the OSH Act 2014, which sets out requirements for medical check-ups both prior to and during employment involving the performance of work with special working conditions. The Government also refers to section 3(18) of the Ordinance on Special Conditions of Employment (No. 5/84), which includes workers exposed to physical or chemical hazards, noise and vibration in the categories of jobs with special working conditions. The Committee notes that, pursuant to section 103(5) and (6) of the OSH Act 2014, the regulations concerning work with special conditions and requirements to be met by workers performing such work, referred to in section 36(6) of the OSH Act 2014, should have been adopted within 90 days of the entry into force of the OSH Act 2014, and that the Ordinance on Special Conditions of Employment (No. 5/84) shall only be valid until such adoption. The Committee observes that the noise exposure level contemplated by the Ordinance on Special Conditions of Employment (No. 5/84) is higher than the permissible noise levels contemplated in the Annex of the Ordinance on Protection of Workers from Exposure to Noise at Work (No. 46/08). The Committee requests the Government to indicate whether it has taken measures to adopt the regulations envisaged under section 36(6) of the OSH Act 2014.

Article 11(3) and (4). Provision of alternative employment, the right to maintain income, social security benefits or social insurance. The Committee notes the Government’s indication that, pursuant to section 40 of the OSH Act 2014, the employer is obliged to carry out special protection measures to prevent further damage to health and impairment of remaining work ability, for workers who have been diagnosed with an occupational disease, and for whom the competent expert body has determined, inter alia, a partial loss of work capacity. Section 40(3) of the OSH Act 2014 requires employers to adapt working conditions and organization of working hours, to remove the risks to safety and health, and to ensure the possibility of other appropriate work or work at a different site if adjustments are not technically feasible or justifiable. The Committee once again recalls that the Convention provides that a transfer to alternative employment is required when continued assignment is considered medically inadvisable, which in certain cases may be before any damage has occurred. The Committee asks the Government to indicate if the special protection measures referred to in section 40 of the OSH Act 2014 also cover the situation in which exposure to air pollution, noise or vibration is found to be medically inadvisable, even in cases where there is no occupational disease. The Committee also 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 the various requirements to provide advance notification for work involving: the production and use of carcinogenic and/or mutagenic substances (section 9(1) of the Ordinance on the Protection of Workers against the Risk of Exposure to Carcinogens and/or Mutagens (No. 91/15)); asbestos (section 5(1) of the Ordinance on the Protection of Workers against the Risk of Exposure to Asbestos (No. 40/07)); and biological agents (section 13 of the Ordinance on the Protection of Workers against the Risk of Exposure to Biological Agents at Work (No. 155/08)). The Committee requests the Government to provide information regarding the measures taken or envisaged to give full effect to this provision of the Convention in respect of noise and vibration.

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 that the Government refers in its report to a number of pieces of legislation applying the provisions of this Convention, including the List of Poisons whose Production, Transport and Use is Prohibited (No. 29/05); the Ordinance on the Protection of Workers against the Risk of Exposure to Asbestos (No. 40/07); the Ordinance on the Method and Procedures for Asbestos Waste Management (No. 42/07); the Act on Mandatory Health Monitoring of Workers Occupationally Exposed to Asbestos (No. 79/07); the Act to Amend and Supplement the Act on the List of Occupational Diseases (No. 107/07); the Ordinance on Conditions and Methods of Health Surveillance and Diagnostic Procedures when Suspecting Asbestos-related Occupational Diseases and the Criteria for Confirmation of Occupational Asbestos-related Disease (No. 134/08); the Act on Compensating Workers Occupationally Exposed to Asbestos (Nos 79/07, 139/10); the Act on the Requirements for Obtaining an Old Age Pension by Workers Occupationally Exposed to Asbestos (Nos 79/07, 149/09 and 139/10); the Ordinance on Limit Values of Exposure to Hazardous Substances at Work and on Biological Limit Values (Nos 13/09, 75/13); the OSH Act 2014; and the Ordinance on the Protection of Workers from Risks related to Exposure to Carcinogens and/or Mutagens (No. 91/15). The Committee requests the Government to continue to provide information regarding the manner in which technical progress and advances in scientific knowledge are taken into account in the periodic review of the national legislation regulating asbestos, including the periodic review and update of exposure limits or other exposure criteria for asbestos and the frequency and the procedures for such reviews.

Articles 5(2) and 10(b). Prohibition of the use of asbestos and appropriate penalties. The Government refers to the ban on the production, trade and usage of asbestos and asbestos containing materials in Croatia, which entered into force on 1 January 2006, and includes crocidolite. The Committee observes that the Ordinance on the Protection of Workers against the Risk of Exposure to Asbestos (No. 40/07) includes crocidolite in the definition of asbestos. The Committee further notes the Government’s indication that the Ordinance on the Protection of Workers against the Risk of Exposure to Carcinogens and/or Mutagens (No. 91/15) also applies the provisions of this Convention. The Committee notes that section 5 of the Ordinance on the Protection of Workers against the Risk of Exposure to Carcinogens and/or Mutagens (No. 91/15) requires the employer to replace carcinogenic and/or mutagenic substances with harmless or less dangerous substances or preparations. The Committee requests the Government to provide further information regarding the measures taken or envisaged to ensure that the national laws or regulations provide for the necessary measures, including appropriate penalties, to ensure effective enforcement of and compliance with the provisions of this Convention. It also requests the Government to provide information regarding the implementation of the Ordinance on the Protection of Workers against the Risk of Exposure to Carcinogens and/or Mutagens (No. 91/15) in relation to asbestos and asbestos-containing products.

Article 17(1). Demolition and removal work. The Committee notes that section 16 of the Ordinance on the Protection of Workers against the Risk of Exposure to Asbestos (No. 40/07) refers to regulations defining the conditions for demolition of buildings and maintenance work involving asbestos. The Committee requests the Government to provide further information regarding the measures taken to give effect to this provision of the Convention, including the regulations referred to in section 16 of the Ordinance on the Protection of Workers against the Risk of Exposure to Asbestos (No. 40/07).

Article 19(1). Disposal of waste containing asbestos. The Committee previously requested the Government to provide further information on the application throughout the country of legislative measures requiring all work related to remediation to be carried out under expert supervision by an authorized company. The Committee notes the information provided by the Government regarding the procedures in place to handle and dispose of asbestos-containing waste. It notes the Ordinance on the Method and Procedures for Asbestos Waste Management (No. 42/07), which sets out measures for the prevention and reduction of asbestos contamination, and requires in section 7(3) that the work plan for the removal of asbestos or asbestos containing materials regulate, in particular, measures necessary for the protection of OSH of the workers and the obligation to use special protective equipment in line with special regulations on OSH. According to the information provided by the Government, the Environmental Protection and Energy Efficiency Fund concludes contracts for the construction of special cells, at landfills, designated for the disposal of waste containing asbestos. In this respect, the Committee notes the Government’s indication that it has constructed 17 special cells for the disposal of asbestos in 13 counties. The Government provides a list of collectors with a contract with the Environmental Protection and Energy Efficiency Fund, regarding the collection, transportation, temporary storage, and delivery for disposal of construction waste containing asbestos in a specially constructed cell at the municipal waste landfill. The Committee notes that the document provided by the Government, dating from 2013 and entitled “Instruction on Handling Asbestos Containing Construction Waste Intended for Disposal on Specially Constructed Cells on Landfills for Non-Hazardous Waste”, requires the preparation of construction waste containing asbestos for the certified collectors.

Article 20(4). Right of workers or their representatives to request monitoring and appeal to the competent authorities. The Committee 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. The Committee requests the Government to provide information regarding the measures taken or envisaged to ensure that, when continued assignment to work involving exposure to asbestos is found to be medically inadvisable, every effort shall be made, consistent with national conditions and practice, to provide the workers concerned with other means of maintaining their income, in accordance with Article 21(4) of the Convention.

Article 21(5). System of notification of occupational diseases caused by asbestos. The Committee notes the indication by the Government that the CIHPSW gathers data on persons with asbestos-related health problems into their register and that this data is published annually online. Section 21(2) of the Ordinance on the Protection of Workers against the Risk of Exposure to Asbestos (No. 40/07) also refers to the requirement to notify established cases of asbestosis and mesothelioma in accordance with special regulations. The Government further notes that there is an extensive follow-up programme of workers exposed to asbestos, and preventive health monitoring programmes are in place for the surveillance of the health status of workers exposed to asbestos every three years, until 30 years after the last exposure. The Committee requests the Government to provide further information regarding the notification procedures for asbestos-related occupational diseases to the CIHPSW as well as the regulations referred to in section 21(2) of the Ordinance on the Protection of Workers against the Risk of Exposure to Asbestos (No. 40/07).

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 that section 18 of the Ordinance on the Protection of Workers against the Risk of Exposure to Asbestos (No. 40/07) requires information on health hazards to be provided by the employer to workers and their representatives. Section 15(2) of the Ordinance further provides that workers’ training programmes must enable workers to acquire skills and knowledge in relation to asbestos, including protective measures and the effects of asbestos on health. The Government also indicates that the employer must take measures to ensure that: workers and/or their representatives have access to the results of measurements of concentration of asbestos fibres in the working environment and are given interpretation of these results; and that workers and/or their representatives are informed as soon as possible about exceeding the maximum limit concentrations, and are consulted on the measures to be taken in an emergency, as well as informed of the measures which have been taken. The Committee requests the Government to provide further information regarding the training provided to workers on asbestos hazards and methods of prevention and control.

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.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

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 Conventions Nos 155 (OSH), 161 (occupational health services) and 162 (asbestos) together.

The Committee notes the observations of the Union of Autonomous Trade Unions of Croatia (UATUC) and the Independent Trade Unions of Croatia (NHS), received in 2016.

A. General provisions

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

Application of the Convention in practice. The Committee notes the information in the registry of the Croatian Institute for Health Protection and Safety at Work (CIHPSW) for 2017, and notes with concern that the total number of recorded cases of occupational diseases increased between 2016 and 2017, from 153 in 2016 to 172 in 2017. It also notes the information that, according to the Annual Report in 2017 of the labour inspectorate, there were 22 fatalities at work in 2017. The Committee requests the Government to continue to provide information on the manner in which the Convention is applied, and to continue to provide the number, nature and cause of occupational accidents and cases of occupational disease reported.

Occupational Health Services Convention, 1985 (No. 161)

Articles 5(a), (b), (c), (d), (e), (g), (h), (i) and (k) and 6 of the Convention. Establishment and functions of occupational health services. The Committee notes the repeal of the former Occupational Safety and Health Act by the OSH Act 2014, and recalls that sections 22 and 82 of the repealed legislation gave effect to Article 5 of the Convention. The Committee notes that section 80 of the OSH Act 2014 requires the employer to provide employees with occupational medical services so as to ensure health surveillance appropriate to risks, hazards and exertions during work with a view to protecting the health of employees. Section 81 of the OSH Act 2014 further provides that occupational medicine activities, as well as the plan and programme of health protection measures, shall be prescribed by special regulations on health protection and health insurance, and that the minimum hours that the occupational medicine specialist is required to be present at the workplace shall be stipulated in an Ordinance. In this respect, the Committee notes the observations of the UATUC and the NHS, stating that, as of 2016, the Ministry of Health had not adopted regulations prescribing elements such as the minimum hours the occupational medicine specialist has to spend at the workplace, or the procedures for administering first aid. The Committee also notes the Government’s indication that the occupational medicine specialist’s participation in risk assessments at the workplace is not prescribed by national legislation, and that experience indicates that the employer rarely consults occupational medicine specialists during such assessments in practice, even though Article 5(a) of the Convention prescribes that the functions of occupational health services shall include the identification and assessment of the risks from health hazards in the workplace. In addition, section 20 of the Health Care Act (as amended) sets out types of healthcare that fall within the category of specific healthcare for workers, but provides that the content of measures on specific healthcare of workers and the method for implementing them shall be laid down by the Minister of Health in an Ordinance at the proposal of the CIHPSW, subject to prior approval by the Minister of Labour and the Pension System. The UATUC and NHS indicate, however, that these measures have not been prescribed. Noting that the OSH Act 2014 does not directly give effect to the majority of the provisions of Article 5 and requires the adoption of special regulations that have yet to be adopted, the Committee urges the Government to provide the information on the measures taken to give full effect to Articles 5 and 6 of the Convention. The Committee further requests the Government to indicate whether measures have been taken to adopt special regulations concerning occupational health activities and the plan and programme of health protection measures, as envisaged by section 81 of the OSH Act 2014, as well as the Ordinances referred to in section 20 of the Health Care Act. The Committee requests the Government to provide the list of such regulations where they have been adopted.

B. Protection from specific risks

Asbestos Convention, 1986 (No. 162)

Effective compensation of workers of the Salonit factory. In its previous comments, the Committee requested information regarding the application in practice of the Law on compensation of workers employed with Salonit d.d. (No. 84/11), pursuant to which workers employed in the Salonit factory (which manufactured asbestos products) when it declared bankruptcy in 2006 could apply for compensation within 60 days (section 2). In this regard, the Committee notes the Government’s indication in its report that the payment to the workers of compensation due to job loss was planned in instalments over two years in 2011 and 2012. The Committee notes with interest the Government’s indication that all requests for compensation have been resolved, with all 170 workers from the Salonit factory being compensated where they were eligible for compensation and had submitted a request to the Fund for Environmental Protection and Energy Efficiency. The Committee also notes the information provided by the Government regarding the establishment of an Ad-hoc Commission for Complaints to deal with appeals against the decisions taken by the Fund, consisting of representatives from the Ministry for Environmental Protection, Physical Planning and Construction, Ministry of Economy, Labour and Entrepreneurship, Ministry of Finance, Ministry of Justice and Fund for Environmental Protection and Energy Efficiency. The Committee requests the Government to continue to provide information on any developments regarding this issue, including the number of appeals launched, and on the decisions taken by the Ad-hoc Commission for Complaints.

The Commission for Settling Claims for Compensation by Workers Suffering from Occupational Diseases Due to Exposure to Asbestos (the Commission). The Committee notes the information provided by the Government that, since the establishment of the Commission in 2007 until mid-2016, 1,318 claims had been resolved (1,072 resulting in compensation), 22 were pending before the courts, and 245 were yet to be resolved. The Committee notes the observations by the UATUC and the NHS, which provide different statistics regarding resolved and unresolved claims for compensation. The Committee also notes an absence of information regarding measures taken to raise the awareness of workers regarding possibilities for seeking redress. The Committee requests the Government to continue to ensure that all claims and requests for compensation by workers suffering from an occupational disease due to exposure to asbestos during the course of their employment are handled as expeditiously as possible. It requests the Government to provide information on progress in this respect, as well as on the measures taken to raise the awareness of such workers regarding the possibilities for seeking redress.

Application of the Convention in practice. The Committee notes the information provided by the Government regarding the registry of the CIHPSW on asbestos-induced occupational diseases, which are published annually online and includes up-to-date data and statistics on asbestos-induced diseases, broken down by geographical distribution, types of disease, gender, age, types of education and training and other metrics. The Committee notes that, according to the data of the CIHPSW, 89 cases of asbestos-induced occupational illnesses were registered in 2017, of which 79 (88.8 per cent) were men and ten (11.2 per cent) were women. In addition, the Committee notes that, according to the data of the CIHPSW, the percentage of occupational diseases caused by exposure to asbestos in 2017 was 52 per cent (89 out of 172 recorded cases). Noting the percentage, which remains high, of occupational diseases caused by asbestos, the Committee urges the Government to strengthen its efforts to ensure the medical surveillance in practice of workers that are or have been exposed to asbestos. The Committee further requests the Government to continue to provide information regarding the application of this Convention in practice, including any measures taken at the institutional level in the application of the Convention. In addition, the Committee requests the Government to provide information regarding the application in practice of the prohibition on the usage of asbestos and asbestos-containing materials in Croatia, which entered into force on 1 January 2006.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes with regret that the Government’s reports have not been received.

The Committee notes the observations of the Union of Autonomous Trade Unions of Croatia (UATUC) and the Independent Trade Unions of Croatia (NHS) on Conventions Nos 161 and 155, received on 7 September 2016. The UATUC and NHS observe that the 2009–13 National Programme on Occupational Safety and Health (OSH) was not evaluated and that a new Programme has not been adopted, although tripartite consultations have been launched. Despite the entry into force of Act No. 71/14 on OSH and Acts Nos 150/2008 and 155/2009 on health care, their implementing regulations have not been adopted and there is no definition of occupational diseases in the national legislation. Although Act No. 71/14 on OSH establishes the right of workers to elect their representatives, it abolishes the right of trade unions to designate them, and it does not impose an obligation on employers to enable such elections. While pointing out the overlap and lack of coordination between the activities of the Institute for the Improvement of Occupational Safety and Health, established by Act No. 71/14 on OSH, and the Institute for Health Protection and Safety at Work, the UATUC and NHS indicate that the Government did not consult the social partners in the decision to transform the Institute for OSH Insurance into the Institute for Health Insurance. The Committee requests the Government to provide its comments on this subject.

The Committee notes the adoption of the following legislation, as indicated in the Government’s reports on the application of the Labour Inspection Convention, 1947 (No. 81), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129): the Labour Inspectorate Act (No. 19/14); the Labour Act (No. 93/14); the Occupational Safety and Health Act (Nos 71/14, 118/14, 154/14); the Chemicals Act (No. 18/13); the Act on Radiological and Nuclear Safety (Nos 141/13, 39/15); the Agriculture Act (No. 30/15); the Mandatory Health Insurance Act (Nos 80/13, 137/13); the Trades and Crafts Act (No. 143/13); the Act on the Organization and Scope of Work of Ministries and Other State Administration Bodies (Nos 150/11, 22/12, 39/13, 125/13, 148/13); the Civil Servants Act (Nos 92/05, 142/06, 77/07, 107/07, 27/08, 34/11, 49/11, 150/11, 34/12, 49/12, 37/13, 38/13, 01/15, 138/15); the Pension Insurance Act (Nos 157/13, 151/14, 33/15, 93/15); the Mandatory Health Insurance Act (Nos 80/13, 137/13); the Ordinance on the Testing of the Work Environment (No. 16/16); the Ordinance on Inspection and Testing of the Work Equipment (No. 16/16); the Ordinance on Occupational Safety and Health of Pregnant Workers and Workers Who Have Recently Given Birth or are Nursing (No. 91/15); the Ordinance on Protection of Workers from the Risks related to Exposure to Carcinogens or Mutagens (No. 91/15); the Ordinance on Protection of Workers from the Risks related to Dangerous Chemicals at Work (No. 91/15); the Ordinance on Safety Signs (No. 91/15); the Ordinance on Risk Assessment (No. 112/14); the Ordinance on Training in Occupational Health and Safety and on Passing Professional Competence Examination (No. 112/14); the Ordinance on Performance of Occupational Health and Safety Activities (Nos 112/14, 43/15, 140/15); the Ordinance on Authorized Performance of Occupational Safety and Health (Nos 112/14, 84/15). The Committee will examine the new information at its next session and requests the Government to send detailed reports on the application in law and practice of each Convention.

[The Government is asked to send detailed reports in 2017.]

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 4, 5, 11, subsection (f), and 15(2) of the Convention. Central bodies. The Committee notes that as part of the implementation of the National Programme on Occupational Safety and Health (2009–13) the Croatian Institute for Occupational Safety and Health Insurance and the Croatian Institute for the Protection of Health and Safety and Work were founded and began operations on 1 January 2009 with the basic task of improving health protection in the workplace and implementing preventive occupational medicine activities at the level of the enterprise. The Committee notes that the latter institution is responsible for confirming diagnoses of occupational diseases, that it keeps the register of occupational diseases, and that electronic information retrieval systems are under development. The Committee also notes that it is the former institution that is responsible for receiving notifications from employers on accidents and diseases. The Committee notes that these developments seem to pave the way for a possible ratification of the 2002 Protocol on Recording and Notification to the Convention. The Committee invites the Government to provide further information on the activities of these institutions and their contribution to the implementation of the Convention in the country. It also requests the Government to provide information on any decisions taken with regard to the 2002 Protocol to the Convention.

Article 9. Inspection. The Committee notes the information regarding the continued attention given to enhancing the inspection services in the country by revising relevant legislation, by training and hiring additional labour inspectors (including an additional 15 labour inspectors in 2010) and by upgrading the equipment available to the labour inspectorates. The Committee invites the Government to continue to keep it informed on further developments in this respect and as well as the results of these increased efforts.

Article 15(1). Cooperation between inspection services. The Committee notes the information that labour inspectors and mining inspectors share the same premises, in order to enhance the cooperation between them. The Committee also notes the reference made by the Government to cooperation with inspection services of the Ministry of Environmental Protection, Physical Planning and Construction, the Ministry of Culture, the Ministry of Regional Development, Forestry and Water Management, the Ministry of Agriculture, Fisheries and Rural Development, the Ministry of the Sea, Transport and Infrastructure, the Ministry of the Interior, the Ministry of Health and Social Welfare, and inspection services within the State Inspectorate responsible for the area of environmental protection, which includes coordinated inspectional supervisions of plants for which an environmental impact assessment must be made, plants in which dangerous substances are used which could cause major accidents, and, if necessary, other legal or natural persons whose operations can affect the environment and human health. While welcoming this information the Committee requests the Government to provide further details on how this cooperation is carried out in practice.

Application of the Convention in practice. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in the country, and to provide, where such statistics exist, information on the number of workers covered by the legislation, the number and nature of the contraventions reported, and the number, nature and cause of accidents and occupational diseases reported.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Further to its observation, the Committee raises the following points.

Articles 4, 5, 11, subsection (f), and 15(2) of the Convention. Central bodies. The Committee notes with interest that as part of the implementation of the National Programme on Occupational Safety and Health (2009–13) the Croatian Institute for Occupational Safety and Health Insurance and the Croatian Institute for the Protection of Health and Safety and Work were founded and began operations on 1 January 2009 with the basic task of improving health protection in the workplace and implementing preventive occupational medicine activities at the level of the enterprise. The Committee notes that the latter institution is responsible for confirming diagnoses of occupational diseases, that it keeps the register of occupational diseases, and that electronic information retrieval systems are under development. The Committee also notes that it is the former institution that is responsible for receiving notifications from employers on accidents and diseases. The Committee notes that these developments seem to pave the way for a possible ratification of the 2002 Protocol on Recording and Notification to the Convention. The Committee invites the Government to provide further information on the activities of these institutions and their contribution to the implementation of the Convention in the country. It also requests the Government to provide information on any decisions taken with regard to the 2002 Protocol to the Convention.

Article 9. Inspection. The Committee notes with interest the information regarding the continued attention given to enhancing the inspection services in the country by revising relevant legislation, by training and hiring additional labour inspectors (including an additional 15 labour inspectors in 2010) and by upgrading the equipment available to the labour inspectorates. The Committee invites the Government to continue to keep it informed on further developments in this respect and as well as the results of these increased efforts.

Article 15(1). Cooperation between inspection services. The Committee notes the information that labour inspectors and mining inspectors share the same premises, in order to enhance the cooperation between them. The Committee also notes the reference made by the Government to co-operation with inspection services of the Ministry of Environmental Protection, Physical Planning and Construction, the Ministry of Culture, the Ministry of Regional Development, Forestry and Water Management, the Ministry of Agriculture, Fisheries and Rural Development, the Ministry of the Sea, Transport and Infrastructure, the Ministry of the Interior, the Ministry of Health and Social Welfare, and inspection services within the State Inspectorate responsible for the area of environmental protection, which includes co-ordinated inspectional supervisions of plants for which an environmental impact assessment must be made, plants in which dangerous substances are used which could cause major accidents, and, if necessary, other legal or natural persons whose operations can affect the environment and human health. While welcoming this information the Committee requests the Government to provide further details on how this cooperation is carried out in practice.

Part V of the report form. Application of the Convention in practice. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in the country, and to provide, where such statistics exist, information on the number of workers covered by the legislation, the number and nature of the contraventions reported, and the number, nature and cause of accidents and occupational diseases reported.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 4. Formulation, implementation and periodical review of a national policy on occupational safety and health. The Committee notes with satisfaction the adoption of the National Programme for the Protection of Health and Safety at Work for the period 2009–13 which defines policies in the area of occupational safety and health and the adoption of the State Inspectorate Act (OG 116/08 and 123/08). The Committee invites the Government to continue to provide information on any relevant legislative change; to provide further information on the outcome of periodical review of the national policy due in 2013; and to provide information on any decisions taken as regards the 2002 Protocol to the Convention.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the Government’s report, including responses to previous comments by the Committee. The Committee would like to draw the Government’s attention to the following points.

2. Articles 4, 5, 11, subsection (f), and 15, paragraph 2. Central bodies. The Committee notes with interest the establishment of the National Council for Occupational Safety and Health and the Government’s statement that the Council has been coordinating the drafting of a national occupational safety and health programme. With reference to its previous request for information regarding the establishment of the Institute of Occupational Safety and Health, the Committee reiterates its request for information regarding the establishment and activities of this Institute.

3. Article 9. Inspection. The Committee notes with interest the Government’s information regarding the additional attention given to inspection by employing an additional 50 inspectors in the area of occupational safety and health and by increasing the number of mining inspectors from eight to nine. The Committee invites the Government to continue to keep it informed of further developments in this respect and as well as the results of these increased efforts.

4. Article 15, paragraph 1. Cooperation between inspection services. With reference to its previous request on this issue, the Committee reiterates its request for information regarding measures undertaken to ensure an exchange of information between the labour inspectors and other inspectors, such as the inspectors of the Harbour Masters’ Offices and the mining inspectors. Please provide information on measures taken or envisaged in this regard.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

1. Article 9 of the Convention. The Committee notes the information provided by the Government in reply to its previous comments of 1998 following the observation made by the Union of Autonomous Trade Unions of Croatia (UATUC) concerning the adequacy of the number of inspectors and on the scope of the Law on Labour Inspection. The Committee now notes that as of 31 December 1998 there were 151 labour inspectors of which 90 were in charge of occupational safety and health regulations and 71 were in charge of labour relations regulations. It is planned that in 1999 an additional 70 inspectors will be employed by which the number of inspectors will be brought in line with the number of employees, thus ensuring compliance with the provisions of the Labour Inspection Act which provides that for every 4,000 employees there must be one inspector. The Committee hopes the situation of occupational safety and health inspection will continue to improve.

The Committee also notes the information that, while both the Convention and the Occupational Safety and Health Act apply to all activities, some activities of supervision over their application is not exercised by the labour inspection, in accordance with section 2 of the Labour Inspection Act. Supervision of the application of the Occupational Safety and Health Act in the mining sector is exercised by the mining inspection, mining clearing activities are supervised by the Ministry of Interior inspectors, and inspection of living and working conditions of ships' crews is carried out by nautical and marine engineering inspectors. The Committee would be grateful if the Government would take measures to ensure that information regarding occupational safety and health inspection carried out by the other services such as the inspectors of the Harbour Masters Offices and the mining inspectors are provided to the Office on a regular basis.

2. Articles 4, 5, 11(f) and 15. Further to its previous comments, the Committee notes that the National Council for Safety and Health and the Institute of Occupational Safety and Health were to be established during 1999 on an urgent basis. Please provide information on any progress made in this respect.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

With reference to its previous comments, the Committee notes with interest that the Safety and Health Protection at the Workplace Act of 1996 ensures legislative conformity with the provisions of the Convention. The Committee is addressing a request directly to the Government on the practical application of this Act as well as of the Labour Inspection Act.

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

1. Further to its observation of 1995bis concerning the comments of the Union of Autonomous Trade Unions of Croatia (UATUC) regarding section 59 of the Health Insurance Act and the question of the reduction of health protection to emergency medical aid for those who contribute but fail to pay their contribution, the Committee notes from the Government's report that it has replied under the Social Security (Minimum Standards) Convention, 1952 (No. 102). The Committee will continue to follow up the question under Convention No. 102.

2. Articles 1 and 2 of the Convention. The Committee notes the comments made by the UATUC in 1998 that, even though the Labour Inspection Act makes the labour inspection responsible for the supervision of the application of the occupational safety and health rules, it does not provide for how many inspectors shall be authorized for such supervision. The UATUC states also that, while no economic activities have been exempted by the Law on Labour Inspection, the same Law does not say explicitly which economic activities shall be "covered" by labour inspectors.

The Committee notes the Government's reply that section 5 of the Labour Inspection Act provides that the number of inspectors in branch offices is established in accordance with the number of employees, and there is as a rule one inspector per 4,000 employees. In this regard, it states that 60 new inspectors were admitted during 1997 which brings the total number of inspectors currently to 380, out of which 187 are in charge of labour relations and 193 in charge of safety and health. It adds that for 1999, a further 60 new inspectors will be employed, as result of which the situation regarding the number of inspectors should considerably improve.

The Committee also notes the information that labour inspection exercises supervision over the application of labour legislation in all sectors, with the exception of the armed and police forces. The supervision over the application of occupational safety and health legislation is exercised by the labour inspection in all activities except in mining where such supervision is exercised by the mining inspection.

The Committee hopes that, with these measures, the situation of occupational safety and health inspection will meaningfully improve. It requests the Government to continue to provide indications on further developments in this regard.

3. Articles 4, 5, and 15. The Committee notes the comments of the UATUC concerning the Government's failure to carry out its intention to establish the National Council for Occupational Safety and Health whose members are to be representatives of the State, employers and workers, as well as prominent experts dealing with occupational safety and health. It also indicates that the Government does not give reasons why the council has not yet been established nor when it will be.

The Committee notes the Government's reply acknowledging that the council has not yet been established but that it will be in early 1999. Please provide particulars on developments in this respect.

The Committee hopes the Government will soon be in a position to report on the establishment of the National Council for Safety and Health.

4. Article 11(f). The Committee notes the comments of the UATUC that the Government does not mention that, pursuant to section 88 of the Occupational Safety and Health Act, it was supposed to establish the Institute for Occupational Safety and Health within the Labour Ministry in order to monitor and advance occupational safety and health. To the knowledge of the UATUC no such institute has been established so far.

The Committee notes the Government's reply that the Croatian Government's Decree on Internal Organization of the Ministry of Labour and Social Welfare, adopted on 28 April 1998, provides for the establishment of the Occupational Safety and Health Administration as an organizational unit within the Ministry. The Rules on Internal Organization of the Ministry of Labour and Social Welfare to be established in accordance with this Decree by the Minister also provides for the establishment of the said administration. It further indicated that the rules will be adopted by the end of 1998, but the recruitment of new civil servants for the administration and its beginning operations have been postponed for financial reasons.

The Committee hopes that the financial situation will improve sufficiently to enable the Government to set up in the near future the Institute for Safety and Health and the National Council for Occupational Safety and Health. Please provide indications on any developments in this regard.

5. Article 9. The Committee notes the comments of the UATUC that there have been no cases of labour inspectors inspecting merchant ships which are under the national flag. The trade union has never been consulted on the problems of occupational safety and health of seafarers and dockers and that such inspections on board ships and in harbours have been left to trade union inspectors who receive no support either from the Government or the shipowners. Between 12 and 16 May 1997, the Seafarers' Trade Union of Croatia and the Dockers' Trade Union of Croatia inspected ships in Croatian harbours irrespective of their flag, with particular attention being paid to safety and health. The Ministry of Labour and Social Welfare inspectors did not get involved in the action. As a follow up, another such inspection of occupational safety and health conditions of dockers in the harbour of Rijeka was planned for December 1997.

The Committee notes the Government's reply that the supervision of ships under the national flag is not left only to trade union inspectors, but that labour inspectors have exercised such supervision even though inadequately due to their small numbers. It adds that labour inspectors exercise supervision with respect to occupational injuries sustained in Croatian ports. The Government indicates that during the reporting period, a Seminar on Inspection of Ships in Accordance with ILO Convention No. 147 was held in April 1997 in Lovran, attended by labour inspectors, safety of navigation inspectors from the Ministry of Maritime Affairs, representatives of trade unions and employers. Moreover, in accordance with the Maritime Code, the Rules on Carrying Out Safety of Navigation Inspection (Official Gazette No. 34/97) that specify that safety of navigation inspectors are also competent to carry out safety and health legislation inspection has been adopted. The Government however acknowledges that, with respect to the application of safety and health regulations, it is necessary to establish a better cooperation with both employers and trade unions.

The Committee notes with interest the Government's desire to improve the cooperation with employers and trade unions in the application of safety and health regulations. It would be grateful if the Government would take the necessary measures to ensure that the enforcement of safety and health laws and regulations, including on board ships and in dock work, is secured by an adequate and appropriate system of inspection. Please provide particulars on developments in this regard.

6. The Committee notes the adoption of the Law on Occupational Safety and Health (Official Gazette Nos. 59/96 and 94/96) and the Law on Labour Inspection (Official Gazette No. 59/96). It proposes to examine them in detail at its next session.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the information in the Government's report. It requests the Government to indicate in detail the provisions of laws, regulations, statements or documents which give effect to each of the Articles of the Convention, and any other measures under which they are applied. In addition, please provide any information specifically requested under individual Articles in the report form adopted by the Governing Body. Please also specify what steps have been taken to implement the provisions of the Convention requiring action by the competent authority.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee has taken note of the communication sent by the Union of Autonomous Trade Unions of Croatia (UATUC), concerning section 59 of the Health Insurance Act which provides that the right to health protection funded by the Institute for Health Insurance of those who contribute but fail to pay their contribution shall be reduced to emergency medical aid only. The UATUC concludes in its communication that the above-mentioned category of workers are being unjustly denied all the forms of health protection, except for emergency medical aid. The UATUC has instituted a procedure with the constitutional court of the Republic of Croatia with a view to annulling the provision in question.

In the absence of a reply by the Government, the Committee requests the Government to supply information on any measures taken to apply the Convention to all workers in the branches of economic activity covered, in accordance with Article 2, paragraph 1, of the Convention.

[The Government is asked to report in detail in 1997.]