Occupational Health Services Convention, 1985 (No. 161) - Slovenia (Ratification: 1992)

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

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

Legislation. The Committee notes the information provided by the Government on the adoption of the Occupational Health and Safety Act (Official Gazette of the Republic of Slovenia, No. 43/11) (hereinafter the “OHS Act”) which repeals the former Occupational Health and Safety Act and has a broader scope of application. The Committee requests the Government to continue to provide information on legislative measures undertaken with regard to the application of the Convention.

Article 8 of the Convention. Cooperation between employers, workers and their representatives. The Committee welcomes the Government’s indication regarding the 2012–13 “Working together for risk prevention” campaign, managed by the Ministry of Labour, Family, Social Affairs and Equal Opportunities (hereinafter the “Ministry”), which focused on encouraging cooperation of employers and workers in order to prevent occupational risks and manage occupational safety and health (OSH) issues. It also notes that the Ministry is working to raise employer and worker awareness with regard to OSH and, to that effect, organized a national competition in 2012 where organizations which demonstrated strong leadership and active involvement of workers and managers in the area of OSH were recognized. Furthermore, the Committee notes that section 13 of the OHS Act provides for the collaboration of employers, workers and their representatives on all questions related to OSH, and sections 45 and 46 provide for the inclusion of workers in OSH-related discussions and the consultation of workers or their representatives on risk assessment and any measures which might affect OSH. The Committee requests the Government to provide further information on the measures taken to ensure cooperation between employers, workers, and their representatives specifically with regard to occupational health services in the undertaking.

Article 15. Notification to occupational health services of occurrences of ill health and absence from work for health reasons in the interests of identifying any relation between the ill health and health hazards. The Committee notes that pursuant to section 33 of the OHS Act, an occupational medical practitioner may obtain access to information, with the worker’s consent, on their health status, treatment and rehabilitation from their general practitioner. In turn, if requested by the general practitioner, the occupational medical practitioner shall communicate information on the worker’s workload and workplace requirements. However, the Committee notes that no information is provided on the requirement for occupational health services to be informed of ill health among workers and absence from work for health reasons, in order to be able to identify whether there is any relation between the reasons for this ill health or absence and any health hazards which may be present at the workplace, as provided for by Article 15 of the Convention. The Committee therefore once again requests the Government to provide information on the measures undertaken to give effect to Article 15 of the Convention.

Application of the Convention in practice. The Committee notes the Government’s indication that the number of violations with regard to the provision of occupational healthcare has increased from 1,771 in 2012 to 1,970 in 2013, with half of these violations due to workers not being referred for a health examination. It also notes the substantial increase of the number of violations relating to the provision of first aid, from 174 in 2012 to 320 in 2013. The Committee also notes the Government’s indication that the Ministry is making an effort to improve this situation by raising employer and worker awareness and that, in reference to the Committee’s previous comments, the work of medical practitioners who perform preventive examinations of workers is currently supervised by the Medical Chamber of Slovenia, but that it would also like to establish a supervisory system specific to occupational health practitioners. The Committee requests the Government to continue to provide information on the supervision of occupational health practitioners. It also requests the Government to continue to provide general information on the application of the Convention in practice and relevant statistics.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Legislation. The Committee notes the information provided by the Government on the adoption of the Occupational Health and Safety Act (Official Gazette of the Republic of Slovenia, No. 43/11) (hereinafter the “OHS Act”) which repeals the former Occupational Health and Safety Act and has a broader scope of application. The Committee requests the Government to continue to provide information on legislative measures undertaken with regard to the application of the Convention.

Article 8 of the Convention. Cooperation between employers, workers and their representatives. The Committee welcomes the Government’s indication regarding the 2012–13 “Working together for risk prevention” campaign, managed by the Ministry of Labour, Family, Social Affairs and Equal Opportunities (hereinafter the “Ministry”), which focused on encouraging cooperation of employers and workers in order to prevent occupational risks and manage occupational safety and health (OSH) issues. It also notes that the Ministry is working to raise employer and worker awareness with regard to OSH and, to that effect, organized a national competition in 2012 where organizations which demonstrated strong leadership and active involvement of workers and managers in the area of OSH were recognized. Furthermore, the Committee notes that section 13 of the OHS Act provides for the collaboration of employers, workers and their representatives on all questions related to OSH, and sections 45 and 46 provide for the inclusion of workers in OSH-related discussions and the consultation of workers or their representatives on risk assessment and any measures which might affect OSH. The Committee requests the Government to provide further information on the measures taken to ensure cooperation between employers, workers, and their representatives specifically with regard to occupational health services in the undertaking.

Article 15. Notification to occupational health services of occurrences of ill health and absence from work for health reasons in the interests of identifying any relation between the ill health and health hazards. The Committee notes that pursuant to section 33 of the OHS Act, an occupational medical practitioner may obtain access to information, with the worker’s consent, on their health status, treatment and rehabilitation from their general practitioner. In turn, if requested by the general practitioner, the occupational medical practitioner shall communicate information on the worker’s workload and workplace requirements. However, the Committee notes that no information is provided on the requirement for occupational health services to be informed of ill health among workers and absence from work for health reasons, in order to be able to identify whether there is any relation between the reasons for this ill health or absence and any health hazards which may be present at the workplace, as provided for by Article 15 of the Convention. The Committee therefore once again requests the Government to provide information on the measures undertaken to give effect to Article 15 of the Convention.

Application of the Convention in practice. The Committee notes the Government’s indication that the number of violations with regard to the provision of occupational healthcare has increased from 1,771 in 2012 to 1,970 in 2013, with half of these violations due to workers not being referred for a health examination. It also notes the substantial increase of the number of violations relating to the provision of first aid, from 174 in 2012 to 320 in 2013. The Committee also notes the Government’s indication that the Ministry is making an effort to improve this situation by raising employer and worker awareness and that, in reference to the Committee’s previous comments, the work of medical practitioners who perform preventive examinations of workers is currently supervised by the Medical Chamber of Slovenia, but that it would also like to establish a supervisory system specific to occupational health practitioners. The Committee requests the Government to continue to provide information on the supervision of occupational health practitioners. It also requests the Government to continue to provide general information on the application of the Convention in practice and relevant statistics.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the information provided by the Government in its latest report, and the observations received by the Confederation of New Trade Unions of Slovenia–“Neodvisnost”. The Committee also notes recent amendments to the General Practitioner Services Act and the Health Services Act, and the responses provided by the Government indicating further effect given to Article 1(a); Article 3; Article 5(b); Article 6(a); and Article 10 of the Convention. The Committee requests the Government to continue to provide information on relevant legislative and other measures taken to give effect to the Convention.

Article 8. Cooperation between employers, workers and their representatives in the undertaking, and the occupational health services. The Committee notes the Confederation of New Trade Unions of Slovenia–“Neodvisnost”’s indication that workers’ representatives in manufacturing companies are usually not familiar with risk assessments prepared by authorized medical practitioners, and their opinion is also not taken into consideration in the preparation of such assessments. The Committee asks the Government to provide information on the measures taken to address the abovementioned issue, and to indicate measures to ensure that there is cooperation between employers, workers, and their representatives, in an undertaking, and the occupational health services engaged to provide health services.

Article 15. Occupational health services shall be informed of ill health among workers and absence from work for health reasons. The Committee notes the information provided by the Government indicating that, according to section 13 of the rules concerning preventive medical examinations of workers, a medical practitioner shall obtain the worker’s medical file prior to the medical examination, in order to assess the worker’s compliance with specific health requirements for specific work. The Committee reiterates its request that the Government provide further information on the specific measures undertaken to ensure that occupational health services are informed of occurrences of ill health among workers, and absence from work for health reasons, particularly in situations where such information is not apparent in the workers’ medical files.

Part IV of the report form. Application in practice. The Committee notes the information provided by the Government indicating the high number of deficiencies regarding provision of preventive medical examinations, particularly in the construction sector, which has been identified during labour inspections. The Committee also notes the Confederation of New Trade Unions of Slovenia–“Neodvisnost”’s statement which indicates that a private medical practitioner allegedly carried out 70 preventive health examinations in one day; that employers order safety statements from the cheapest provider and keep them only to comply with regulations; that these statements are often of low quality; and are not revised or amended when new technological processes are introduced. The Committee asks the Government to provide information on measures taken or envisaged to address the issues identified above, both by the labour inspectorate and the Confederation of New Trade Unions of Slovenia–Neodvisnost; and to continue to provide information on the application of the Convention in practice.

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

1. The Committee notes the information contained in the Government’s report, including the attached legislation and documentation. The Committee notes with interest the adoption of the Health and Safety at Work Act (Ur.l.RS, No. 56/99 in 64/01), the Health Services Act (Ur.l.RS, No. 9/92, 2/04), the Medical Service Act (Ur.l.RS, No. 98/99, 67/02, 15/03, 2/04), the Resolution on National Programme of Health and Safety at Work (Ur.l.RS, No. 126/03) and the Rules on Preventive Health Examination of Workers (Ur.l.RS, No. 87/02). It also notes the information provided by the Government’s report concerning effect given to Articles 1(b), 2, 5, paragraphs (c) to (i), 6(b), 7, 9, paragraph 2, 11 and 14 of the Convention.

2. Article 1(a). Objectives and functions of occupational health services. The Committee notes that the tasks of medical services are performed by authorized physicians, in accordance with sections 20 and 21 of the Health and Safety at Work Act. These authorized physicians cooperate in risk assessments at the workplace, acquainting workers with risks, and perform the task of health education of workers, propose measures for improving the health of workers exposed to greater danger of injury and health damage, and advise employers in relation to working processes. The Committee notes that this text does not contain indications with regard to establishing and maintaining mental health or the adaptation of work to the capabilities of workers as required by this Article of the Convention. The Committee requests the Government to indicate in its next report the measures taken or envisaged to give full effect to this Article of the Convention.

3. Article 3. Establishment of health services. Referring to its previous comments, the Committee notes that medical verification units in the transport and sport sectors have been established at the primary, secondary and tertiary levels. It also notes that the Health and Safety at Work Act seems to exclude from its scope the activities related to defence and internal affairs, which remain regulated under special regulations. The Committee requests the Government to provide information in its next report on measures taken to ensure that all workers in all branches of economic activity and all enterprises are covered by occupational health services. It also requests the Government to indicate the procedures followed for consultations with representative organizations of employers in this context.

4. Article 5(b). Functions of occupational health services. With reference to its previous comments, the Committee notes that the Government’s report does not contain indications in response to its request. The Committee reiterates its request to the Government to take the necessary measures to ensure surveillance of the working environment and working practices which may affect workers’ health, including sanitary installations, canteens and housing, where these facilities are provided by the employer.

5. Article 6(a). Measures to organize occupational health services. With reference to its previous comments, the Committee notes that the Government’s report does not contain indications regarding the establishment of occupational health services as provided for by the Convention. The Committee asks once again the Government to indicate in its next report how effect is given to this provision of the Convention.

6. Article 10. Independence of health service personnel. The Committee notes that the tasks of health care at work are performed by a public health institution, legal entity or physical person, which guarantees the independence of authorized physicians. The Committee requests the Government to indicate the measures adopted to ensure that personnel providing occupational health services enjoy full professional independence from employers, workers and their representatives.

7. Article 15. Notification to health services of absences from work for health reasons. With reference to its previous comments, the Committee notes that the report does not provide any information with respect to notifications to health services of absence of work for health reasons. The Committee hopes that the necessary measures will be taken in the very near future to ensure that the occupational health services are regularly informed of occurrences of ill health amongst workers and absence from work for health reasons so that they might be able to identify whether there is any relation between the reasons for ill health or absence and any health hazards which may be present at the workplace.

8. Part VI of the report form. Practical application. The Committee notes the report of the labour inspectorate for 2003 that preventive health examinations are carried out by physicians specializing in occupational medicine, but that the prescribed time limits for examinations are varied. The Committee requests the Government to provide information on the manner in which the Convention is applied in practice with particular attention to statistical data, disaggregated by gender, if possible, concerning the activities of occupational health services.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information provided by the Government in its report.

It notes in particular the adoption of the Health and Safety at Work Act, 1999. The Committee also notes that the Health Care Activities Act, 1992, has been amended and it would be grateful if the Government would provide a copy of the consolidated text of this latter Act.

It draws the Government’s attention to the following points:

Article 1(a) of the Convention. The Committee notes section 1 (respecting health services) of the Act on Health Care and Health Insurance of 1992, and sections 42, 43 and 44 (on the Council for Health and Safety at Work) of the Health and Safety at Work Act. However, these provisions do not define the functions of occupational health services. The Committee notes that the preventive functions and those relating to the provision of advice to the employer, the workers and their representatives in the enterprise are set out in section 28 of the Health and Safety at Work Act, which provides that within each enterprise the "works council" must be consulted on any measure which might affect health and safety at work. The works council is composed of the employer, workers and their representatives. However, this provision only requires consultation in the field of health, while the texts do not determine the objectives of the health service, particularly with regard to establishing and maintaining mental health or the adaptation of work to the capabilities of workers, as required by this Article of the Convention. The Committee therefore requests the Government to indicate whether "occupational health services", within the meaning of the Convention, exist in practice and to indicate their functions. The Committee also notes that the Government indicated in its first report that it would take the necessary measures concerning health services when adopting the Health and Safety at Work Act. However, this Act, adopted in 1999, does not contain provisions defining and establishing the functions of health services. The Committee therefore requests the Government to take the necessary measures for the adoption of such provisions so as to give effect to this Article of the Convention.

Article 1(b). The Committee requests the Government to indicate the persons who are recognized as "workers’ representatives in the undertaking" under national law or practice.

Article 2. The Committee notes the provisions of the Health and Safety at Work Act, and particularly sections 4, 44 and 64, under which the Government, in consultation with occupational experts, employers’ organizations and trade unions, has to prepare a draft national programme of health and safety at work. This draft programme must then be adopted by the National Assembly. The Committee requests the Government to indicate whether this national programme has been adopted and, if so, whether it provides for the establishment of occupational health services. If this national programme has been adopted, it requests the Government to provide a copy of the adopted programme, and of its implementing measures. Furthermore, the Committee requests the Government to indicate whether it is envisaged that the programme shall be periodically reviewed, and the relevant procedures for this purpose.

Article 3. The Committee notes that sections 2 and 3 of the Health and Safety at Work Act provide that it applies in all spheres of economic activity and to all workers. However, section 2(2) excludes from the scope of the Act persons working in spheres of economic activity where health and safety at work is governed by special regulations. Furthermore, the Government does not indicate in its report whether all workers in the public sector and production cooperatives, in all branches of economic activity and all enterprises, benefit from the establishment of health services. The Committee therefore requests the Government to indicate the means by which all workers in all branches of economic activity and all enterprises are covered by the establishment of occupational health services. The Committee requests the Government to specify whether, by virtue of sections 20 and 21 of the Health and Safety at Work Act, medical services have been established and, if so, the manner in which they operate. It also requests the Government to indicate the procedures followed for the consultation of representative organizations of employers.

Article 5(b). The Committee notes that the functions of medical services, as set out in section 20 of the Health and Safety at Work Act, do not include those set forth in this provision of the Convention. It therefore requests the Government to take the necessary measures to ensure the surveillance of the factors in the working environment and working practices which may affect workers’ health, including sanitary installations, canteens and housing, where these facilities are provided by the employer.

Article 5(c). The Committee notes section 20(7) and (8) of the Health and Safety at Work Act, which provide that those responsible for medical services shall propose preventive and curative measures and measures of protection for employees exposed to severe danger. The Committee recalls that, in accordance with this provision of the Convention, occupational health services are under the obligation to provide advice on the planning and organization of work, including the design of workplaces, on the choice, maintenance and condition of machinery and other equipment and on substances used in work. The Committee accordingly requests the Government to take the necessary measures to ensure that advice is provided by the medical services envisaged in section 20 of the Health and Safety at Work Act on the measures necessary for the planning and organization of work, including the design of workplaces, on the choice, maintenance and condition of machinery and other equipment and on substances used at work.

Article 5(d). The Committee notes that, under the terms of section 20(9) and (10) of the Health and Safety at Work Act, medical services have the task of advising employers on safe working practices and keeping records and collecting data on the health of employees. The Committee recalls that, under the terms of the Convention, health services have to participate in the development of programmes for the improvement of working practices, as well as the testing and evaluation of health aspects of new equipment. The Committee therefore requests the Government to take the necessary measures to ensure that the medical services envisaged by the Health and Safety at Work Act carry out the above functions.

Article 5(e). The Committee notes that section 20(9) and (2) of the Health and Safety at Work Act provides that medical services shall provide advice on the hazards and risks related to work. However, it is not envisaged that such advice should be provided on ergonomics and individual and collective protective equipment. The Committee requests the Government to take the necessary measures to ensure that medical services provide advice on these matters.

Article 5(f). The Committee notes that section 20(4) provides for the performance of preventive health examinations by the medical services in accordance with special regulations. The Committee requests the Government to indicate the special regulations concerned and to state whether they have been adopted. It also requests it to provide further information so that it can ascertain whether these examinations constitute adequate health surveillance of workers within the meaning of the Convention.

Article 5(g). The Committee notes the provisions of section 6, point 4, of the Health and Safety at Work Act, which requires employers to promote the adaptation of work to individuals. The Committee requests the Government to indicate whether employers comply with this obligation through the medical services envisaged in section 20 of the above Act.

Article 5(h). The Committee notes that none of the provisions on medical services provide that one of the functions of these services is the vocational rehabilitation of workers. It therefore requests the Government to adopt the necessary provisions respecting the contribution of medical services to vocational rehabilitation measures.

Article 5(i). The Committee notes that section 20(2) of the Health and Safety at Work Act requires the provision of health education to employees. It also notes section 15, fourth point, of the Health and Safety at Work Act, which provides that employers shall inform employees or their representatives of the introduction of new technologies or means of work, as well as any potential or actual dangers of injury or health impairment related to them, and to issue the corresponding safe working practice instructions. This requires a certain level of surveillance of the workers by the employer or, if this function is delegated, by the medical service. The Committee requests the Government to indicate whether this obligation of information is fulfilled exclusively by the employer, or whether this function is delegated. Finally, it notes that section 15, fifth point, obliges employers to train employees in safe working practices. The Committee requests the Government to indicate whether this obligation is ensured through medical services. It also requests it to adopt appropriate measures to ensure collaboration in providing information, training and education in the fields of occupational health and hygiene and ergonomics.

Article 6(a). The Committee requests the Government to broaden the functions of the medical services established under the Act with a view to the establishment of occupational health services as envisaged by the Convention.

Article 6(b). The Committee notes that section 51 of the Health and Safety at Work Act provides that supervision of the implementation of the Act and the regulations issued thereunder, as well as other regulations governing health and safety at work, and the safety measures specified in internal rules or collective agreements shall be carried out by the Labour Inspectorate. This section presupposes that such texts are adopted under the Health and Safety at Work Act. The Committee requests the Government to provide information on the application of this provision.

Article 7. The Committee notes that the Government refers in its report to section 21 of the Health and Safety at Work Act, which indicates that the tasks specified for medical services may be performed by a public health institution or a legal or natural person with a concession for the performance of medical services within the medical service system in accordance with the laws governing medical services. The Committee therefore requests the Government to provide detailed information on the manner in which medical services are organized and discharge their functions in practice.

Article 9, paragraphs 1, 2 and 3. The Committee notes that the Government refers to section 22 of the Health and Safety at Work Act. However, this provision does not in any way provide for cooperation between health services and the other services concerned. The Committee requests the Government to indicate the manner in which collaboration, cooperation and coordination is secured with other services in the enterprise and the services concerned with the provision of health care, as envisaged in section 22 of the above Act. Furthermore, the Committee requests the Government to indicate the criteria set out with a view to determining that the composition of the services providing the care covered by the Convention is multidisciplinary.

Article 10. The Committee requests the Government to indicate the measures adopted to ensure that personnel providing occupational health services enjoy full professional independence from employers, workers and their representatives, where they exist.

Article 11. The Committee notes that section 20 of the Health and Safety at Work Act provides that employers must ensure that the provision of medical services is performed by an authorized medical practitioner, and that section 3(10) defines an authorized medical practitioner as a specialist in occupational medicine engaged by an employer to provide medical services at work. The Committee also notes that the Government, in one of its reports, explained that medical practitioners wishing to work in occupational health services are required to have an additional specialization which concludes with an examination and thesis or paper on the specialization. The Government added that most doctors also hold postgraduate degrees in occupational medicine. The Committee requests the Government to provide copies of the legal texts requiring such a specialization and indicating the authorities that are competent to recognize the professional qualifications of the personnel who are to provide care in the medical services envisaged in section 20 of the Health and Safety at Work Act.

Article 14. The Committee notes that, in its last report, the Government refers to sections 20 and 23 of the Health and Safety at Work Act. However, these texts do not provide that the employer and workers are required to inform occupational health services of any known factors and any suspected factors in the working environment which may affect the workers’ health. The Committee therefore requests the Government to take the necessary measures to ensure that health services are duly informed of such factors by the employer and the workers.

Article 15. The Committee notes that the Government refers to section 51 of the Health and Safety at Work Act. However, this provision relates to the functions of the labour inspectorate and does not apply this Article of the Convention. The Committee therefore requests the Government to take the necessary measures to ensure that occupational health services are informed of occurrences of ill health amongst workers and absence from work for health reasons, in order to be able to identify whether there is any relation between the reasons for ill health or absence and any health hazards which may be present at the workplace. The Government should ensure that these measures do not provide that personnel providing occupational health services are required to verify the reasons for absence from work.

Part VI of the report form. The Committee notes that in 1998 the Labour Inspectorate reported that health examinations are rarely carried out when employment begins: a total of 425 such cases were reported, including 229 cases in which they had been carried out incorrectly and 121 cases in which the records to be kept relating to preventive medical inspection were not kept or were kept inadequately. The Government explains these deficiencies in the performance of preliminary medical examinations by the fact that employers are not notified of their obligations and the examinations are fairly costly in themselves. The Committee is bound to express its concern with regard to the deficiencies reported in the performance of preliminary medical examinations. It requests the Government to continue providing information to the International Labour Office on the manner in which the Convention is applied in practice.

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

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 that the dismantling of plant out-patient clinics has occurred for the past two years, that plant doctors are increasingly becoming "personal doctors" or general doctors and that workers' health care is undergoing a substantial transformation. The Committee also notes that the draft proposal for the Law on Safety at Work is under discussion and that it is expected to appoint a Government Board for Workers' Health Care and Occupational Safety which would analyse reports on the topic from the country and, on the basis of this, formulate a policy on occupational safety. Certain provisions of the national legislation would then be revised in order to bring them into conformity with the provisions of the Convention. The Committee hopes that the new laws and regulations as well as necessary amendments to the legislation in force giving effect to the Convention will be adopted soon. The Committee requests the Government to continue to supply information on any progress made in this respect and to provide copies of new texts as soon as they are adopted.

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

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

The Committee notes that the dismantling of plant out-patient clinics has occurred for the past two years, that plant doctors are increasingly becoming "personal doctors" or general doctors and that workers' health care is undergoing a substantial transformation. The Committee also notes that the draft proposal for the Law on Safety at Work is under discussion and that it is expected to appoint a Government Board for Workers' Health Care and Occupational Safety which would analyse reports on the topic from the country and, on the basis of this, formulate a policy on occupational safety. Certain provisions of the national legislation would then be revised in order to bring them into conformity with the provisions of the Convention. The Committee hopes that the new laws and regulations as well as necessary amendments to the legislation in force giving effect to the Convention will be adopted soon. The Committee requests the Government to continue to supply information on any progress made in this respect and to provide copies of new texts as soon as they are adopted.