Guarding of Machinery Convention, 1963 (No. 119) - Croatia (Ratification: 1991)

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request, and has no further matters to raise in this regard.

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

Article 17 of the Convention. Declaration for a restricted application of the Convention. The Committee notes that in its response to its previous comment on this Article, the Government reiterates the information that section 4 of the Act on Amendments to the Occupational Safety and Health Act (OG 75/09) amended the Occupational Safety and Health Act by prescribing that the provisions of that Act shall not apply to members of the armed forces and the police engaged in maintaining public order and security. The Committee again wishes to draw the attention of the Government to the fact that a declaration limiting the applicability of the Convention is admissible only at the time of ratification and cannot be made later on. The Committee again requests the Government to take the necessary measures in order to ensure that all the categories of workers are covered by relevant legislation.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 17 of the Convention. Declaration for a restricted application of the Convention. The Committee notes that in its response to its previous comment on this Article, the Government reiterates the information that section 4 of the Act on Amendments to the Occupational Safety and Health Act (OG 75/09) amended the Occupational Safety and Health Act by prescribing that the provisions of that Act shall not apply to members of the armed forces and the police engaged in maintaining public order and security. The Committee again wishes to draw the attention of the Government to the fact that a declaration limiting the applicability of the Convention is admissible only at the time of ratification and cannot be made later on. The Committee again requests the Government to take the necessary measures in order to ensure that all the categories of workers are covered by relevant legislation.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Legislation. The Committee notes with satisfaction the information provided in the Government’s report concerning the adoption of the ordinance on the list of high risk machines and equipment (OG 47/02), the ordinance on machine safety (OG 135/05) and the ordinance on safety and health requirements for the use of work equipment (OG 21/08) which, inter alia, include provisions giving effect to Article 11(1) of the Convention.

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

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

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

The Committee notes the information provided in the Government’s report in response to its previous comments and would appreciate receiving additional information concerning the following points.

Article 2(1) and (2) of the Convention. Prohibition of the sale, the hiring, the transfer to any other title and the exposure of machines whose dangerous elements are deprived of safety devices. The Committee notes the information according to which the prohibition in Article 2(1) and (2) of the Convention will be provided for in two ordinances which will be adopted in order to harmonize the national legislation with European Directive No. 98/37 concerning the harmonization of the legislations of the member States concerning machines, as well as Directive No. 89/655/EEC on the minimum safety and health requirements for the use of work equipment by workers at work. The Committee requests the Government to keep it informed of any developments in this area and to communicate to it copies of the relevant texts as soon as they have been adopted.

Article 11(1). Prohibition to use a machine without the safety devices being in place. The Committee notes the information according to which there is no specific prohibition against using a machine without the required safety devices. It also notes that, according to article 79(2) of the Act of 1996, workers have the right to refuse to achieve a task if it involves an imminent danger to their life or their health because of the non-observance of the regulations relating to safety and health. The Committee recalls that Article 11(1) of the Convention expressly prohibits the use of machines without safety devices and prohibits requiring workers to use machines without prescribed safety devices. The Committee requests the Government to indicate measures taken or envisaged to ensure that this Article of the Convention is fully applied.

Article 17. Declaration for a restricted application of the Convention. The Committee notes the Government’s statement that members of the armed forces and the police have been excluded from the scope of application of the safety and health at work regulations in so far as certain specific activities are concerned, such as combat operations and armed conflicts, while they are covered by all other potentially harmful risks and exposures in their work. The Committee draws the attention of the Government to the fact that a declaration limiting the applicability of the Convention is admissible only at the time of ratification and cannot be made later on. Consequently, the Committee requests the Government to take the necessary measures in order to ensure that all the categories of workers are covered by relevant legislation.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information provided in the Government’s report in response to its previous comments and would appreciate receiving additional information concerning the following points.

Article 2(1) and (2) of the Convention. Prohibition of the sale, the hiring, the transfer to any other title and the exposure of machines whose dangerous elements are deprived of safety devices. The Committee notes the information according to which the prohibition in Article 2(1) and (2) of the Convention will be provided for in two ordinances which will be adopted in order to harmonize the national legislation with European Directive No. 98/37 concerning the harmonization of the legislations of the member States concerning machines, as well as Directive No. 89/655/EEC on the minimum safety and health requirements for the use of work equipment by workers at work. The Committee requests the Government to keep it informed of any developments in this area and to communicate to it copies of the relevant texts as soon as they have been adopted.

Article 11(1). Prohibition to use a machine without the safety devices being in place. The Committee notes the information according to which there is no specific prohibition against using a machine without the required safety devices. It also notes that, according to article 79(2) of the Act of 1996, workers have the right to refuse to achieve a task if it involves an imminent danger to their life or their health because of the non-observance of the regulations relating to safety and health. The Committee recalls that Article 11(1) of the Convention expressly prohibits the use of machines without safety devices and prohibits requiring workers to use machines without prescribed safety devices. The Committee requests the Government to indicate measures taken or envisaged to ensure that this Article of the Convention is fully applied.

Article 17. Declaration for a restricted application of the Convention. The Committee notes the Government’s statement that members of the armed forces and the police have been excluded from the scope of application of the safety and health at work regulations in so far as certain specific activities are concerned, such as combat operations and armed conflicts, while they are covered by all other potentially harmful risks and exposures in their work. The Committee draws the attention of the Government to the fact that a declaration limiting the applicability of the Convention is admissible only at the time of ratification and cannot be made later on. Consequently, the Committee requests the Government to take the necessary measures in order to ensure that all the categories of workers are covered by relevant legislation.

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

1. The Committee notes the information provided in the Government’s report in response to its previous comments and would appreciate receiving additional information concerning the following points.

2. Article 2, paragraphs 1 and 2, of the Convention. Prohibition of the sale, the hiring, the transfer to any other title and the exposure of machines whose dangerous elements are deprived of safety devices. The Committee notes the information according to which the prohibition in Article 2, paragraphs 1 and 2, of the Convention will be provided for in two ordinances which will be adopted in order to harmonize the national legislation with European Directive No. 98/37 concerning the harmonization of the legislations of the member States concerning machines, as well as Directive No. 89/655/EEC on the minimum safety and health requirements for the use of work equipment by workers at work. The Committee requests the Government to keep it informed of any developments in this area and to communicate to it copies of the relevant texts as soon as they have been adopted.

3. Article 11, paragraph 1. Prohibition to use a machine without the safety devices being in place. The Committee notes the information according to which there is no specific prohibition against using a machine without the required safety devices. It also notes that, according to article 79, paragraph 2, of the Act of 1996, workers have the right to refuse to achieve a task if it involves an imminent danger to their life or their health because of the non-observance of the regulations relating to safety and health. The Committee recalls that Article 11, paragraph 1, of the Convention expressly prohibits the use of machines without safety devices and prohibits requiring workers to use machines without prescribed safety devices. The Committee requests the Government to indicate measures taken or envisaged to ensure that this Article of the Convention is fully applied.

4. Article 17. Declaration for a restricted application of the Convention. The Committee notes the Government’s statement that members of the armed forces and the police have been excluded from the scope of application of the safety and health at work regulations in so far as certain specific activities are concerned, such as combat operations and armed conflicts, while they are covered by all other potentially harmful risks and exposures in their work. The Committee draws the attention of the Government to the fact that a declaration limiting the applicability of the Convention is admissible only at the time of ratification and cannot be made later on. Consequently, the Committee requests the Government to take the necessary measures in order to ensure that all the categories of workers are covered by relevant legislation.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee requests the Government to supply clarifications and supplementary information with respect to the following points.

Article 1, paragraph 2. Decisions concerning machinery operated by manual power. The Government is requested to provide information related to any decision which determines whether and how far machinery, new or second-hand, operated by manual power presents a risk of injury to the worker and shall be considered as machinery for the purpose of the application of the Convention. Please give particulars of the consultations which have taken place in relation to such decision.

Article 1, paragraph 3(b). Application to mobile agricultural machinery. The Government is requested to indicate the manner in which the Convention is applied to mobile agricultural machinery.

Article 2, paragraphs 1 and 2, in conjunction with Article 4. Prohibition of the sale, hire, transfer in any other manner, and exhibition of machinery of which the dangerous parts are without appropriate guards; obligation of the relevant persons. The Committee notes that the Government refers to sections 51 and 52 of the Safety and Health Protection at the Workplace Act, 1996. The Committee however notes that these provisions do not prohibit the sale, hire, transfer in any other manner and exhibition of machinery with dangerous parts which shall be guarded in an appropriate manner. The Government is therefore requested to indicate the specific provisions of national laws or regulations laying down the prohibition to sell, hire, transfer in any other manner or exhibit of machinery of which the dangerous parts are without appropriate guards and establishing the obligation of the vendor, the person letting out or hire or transferring the machinery in any other manner, or the exhibitor, to ensure such prohibition.

Article 2, paragraphs 3 and 4. Designation and protection of parts liable to present danger to persons coming into contact with them. The Committee notes the Government’s reference to sections 97-99 of the Safety and Health Protection at the Workplace Act, 1996, establishing the designer’s obligation to apply occupational safety and health regulations and, to take into consideration particular ergonomic principles as well as the manufacturer’s obligation, to produce them in conformity with Occupational Safety and Health regulations. In view of the general wording of such provisions, the Committee would like to point out that it is essential for the proper application of Part II of the Convention that national legislation lists the parts of machines which are dangerous and require protection and that, until these parts have been determined, the prohibition to sell, hire, transfer in any other manner and exhibit dangerous machines laid down in Article 2 of the Convention, will remain without effect. The Committee draws the Government’s attention to the fact that the list of dangerous parts must include at least all the parts enumerated in these provisions of the Convention.

Article 6, paragraph 2. Violation of national regulations and standards of occupational safety and health. The Committee notes the Government’s references to national rules and regulations dealing with different aspects of occupational safety and health, and in particular to the Rules on the list of high-risk machines and appliances (NN 47702) and the Rules on measures and standards of occupational safety and health for instruments of work (18/91). The Government is requested to supply copies of these texts with its next report.

Article 8, paragraph 2. Provisions on the maintenance, lubrication, setting-up or adjustment of machinery. The Committee notes that a separate section of the Rules on measures and standards of occupational safety and health for instruments of work (NN 18/91), prescribes safe working practices in the elimination of obstacles maintenance and transportation. The Government is requested to specify the section giving effect to this provision of the Convention.

Article 11, paragraph 1. Prohibition to use any machinery without the appropriate guards being in position or to make inoperative the guards. The Committee notes that section 79, paragraph 2, of the Safety and Health Protection at the Workplace Act, 1996, lays down that a worker has the right to refuse work if there is an imminent danger to his/her life and health due to the non-application of safety and health regulations. The Government is requested to indicate any provisions ensuring that no worker shall be required to use machinery without the guards provided being in position.

Article 17. Declaration on a more limited application of the Convention. The Committee notes that section 5, subsections (3) and (4), of the Safety and Health Protection at the Workplace Act, 1996, excludes members of the armed forces, the police and domestic servants from its scope of application. In this regard the Committee notes that, at the time of the ratification of this Convention, the Government did not append a declaration to the instrument of ratification excluding the abovementioned category of workers from the application of this Convention. The Committee therefore draws the Government’s attention to the fact that the exclusion of the above workers only in the legislation is not admissible. It therefore hopes that the Government will take the necessary measures to include these workers in the pertinent legislation.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

With reference to its previous observation the Committee notes the information concerning the Labour Inspectorate’s activities. It also notes the provisions of the Safety and Health Protection at the Workplace Act, 1996, dealing with the status, tasks, functions of the Labour Inspectorate as the main administrative supervisory body, and the envisaged development of its performance through the growth of the number of labour inspectors. The Committee requests the Government to continue to provide detailed information related to the activities of the Labour Inspectorate in the field of occupational safety and health.

The Committee is addressing a request directly to the Government on the application of certain provisions of the Convention.

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

1. The Committee notes the comments made by the Union of Autonomous Trade Unions of Croatia, in which the Union states that the Government's report on the application of this Convention would in general have been completely acceptable had the statements been supported by figures. It indicates that, had the Government submitted the reports of previous years with figures, one could have seen that the Convention was not fully respected. It adds that the report should have contained also reports by labour inspectors made over a certain period of time, backed by figures to indicate the state of matters, and an explanation of how many and what types of companies had been visited by labour inspectors.

The Committee notes the Government's reply which indicates that the Government had enclosed all information which it had at its disposal with the report on the application of the Convention. The Government adds that if the Committee considers that it is necessary to submit additional information, it would like to be so informed for it to give orders to the competent inspection services to collect such information for submission with its next report.

The Committee recalls that Article 15, paragraph 2, of the Convention requires the Government to provide appropriate inspection services for the purpose of supervising the application of the provisions of the Convention, or satisfy itself that appropriate inspection is carried out. The report form requests details of the inspection services provided for such supervision or details of the steps taken to ensure that appropriate inspection is carried out, including the nature of the inspection arrangements. In addition the Committee draws the Government's attention to point V of the report form which asks the Government to give a general appreciation of the manner in which the Convention is applied including, for instance, extracts from official reports and information on any practical difficulties in the application of the Convention. The Committee would be grateful if the Government would include all such information in its next report.

2. The Committee notes from the Government's report that, in 1996, the former Law on Occupational Safety and Health (Official Gazette, Nos. 19/83, 17/86, 46/92, 26/93 and 29/94) was in force. Since then the new Law on Occupational Safety and Health (Official Gazette, Nos. 59/96 and 94/96) has come into force on 25 July 1996, but that its application only commenced on 1 January 1997. The Committee also notes that, while the Government's last report covers the period until 1997, the indications given under the various Articles of the Convention are those of the previous law. Moreover the Committee notes that: (a) a certain number of provisions of the Convention are not applied by the provisions of national legislation referred to by the Government in its report or due to absence of any provisions on the matter; (b) section 113(1) of the 1996 Law on Occupational Safety and Health requires the designated Minister to adopt regulations for the implementation of the Law within one year following the entry into force of the Law. In view of this fact, the Committee would be grateful if the Government would communicate the texts of regulations currently in force that implement the provisions of the Convention and replace the ones cited in the Government's report whose validity seems limited by section 113(1) of the 1996 Law on Occupational Safety and Health. The Committee therefore requests the Government to communicate a detailed report indicating the provisions of national laws and regulations effectively applying the provisions of the Convention.

[The Government is requested to report in detail in 1999.]

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

The Committee takes note of the information supplied by the Government in its 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.