Demande directe (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Croatie

Convention (n° 81) sur l'inspection du travail, 1947 (Ratification: 1991)
Convention (n° 129) sur l'inspection du travail (agriculture), 1969 (Ratification: 1991)

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In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

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 to employers and workers in the area of occupational safety and health (OSH). In reply to the Committee’s previous comment, the Government reiterates that labour inspectors in the field of OSH may adopt administrative and prohibition measures to require the elimination of identified irregularities in the workplace and initiate misdemeanour proceedings in accordance with the provisions of the Occupational Health and Safety Act. The Government also indicates that pursuant to section 34(9) of the same Act, labour inspectors may give advice at the request of the employer during the inspection. Also, section 34(1) stipulates that every employer with more than 50 employees must establish an OSH committee. OSH committee’s sessions must be reported to the labour inspectorate, which also has the right to participate in its sessions. In addition, section 34(8) stipulates that the employer is obliged to call a meeting in the event of fatal injuries, injuries that have led to the worker’s hospitalization, occupational diseases and other findings of the inspection that establish a deficiency in the implementation of occupational safety. The Committee notes that, according to the 2022 Labour Inspection Report, the key challenges of labour inspection in the field of occupational safety were related to the prevention of injuries at work and occupational diseases. The Committee also notes that according to the Labour Inspection Report, during 2022, 65 inspections were carried out in connection with occupational fatalities and 521 in relation to occupational injuries. The Committee requests the Government to continue to provide information regarding the manner in which the labour inspectorate provides technical information and advice on OSH to employers and workers, in particular with regard to the prevention of occupational accidents and fatalities and in relation to occupational diseases. The Committee also requests the Government to provide information on the participation of labour inspectors in OSH committees as a matter of practice.

Article 4 of Convention No. 81 and Article 7 of Convention No. 129. Supervision and control by a central authority. The Committee note that, in accordance with the provisions of the Act on State Inspectorate and the Amendments to the Act on the Organization and Scope of Ministries and Other Central Bodies of State Administration, the State Inspectorate started operating on 1 April 2019 as an independent inspection body covering 17 different inspection areas, including labour inspection. The State Inspectorate has a Central Office in Zagreb with 37 branches and the labour inspectors are distributed in 27 of them. The Committee takes note of this information which addresses its previous request.

Articles 5(a), 14 and 21(g) of Convention No. 81 and Articles 12, 19 and 27(g) of Convention No. 129. Effective cooperation between the inspection services and other government services and public institutions. Notification of cases of occupational diseases and statistics thereof. The Committee notes the information provided by the Government that the labour inspectorate regularly receives information from the Croatian Health Insurance Institute on all cases of accidents at work and occupational diseases, including those involving agricultural workers and also commuting injuries. However, once again the Committee notes that the annual report on the work of labour inspection services does not contain statistics on cases of occupational diseases. The Committee requests the Government to provide information on the measures adopted in order to ensure that in practice the labour inspectorate is notified of cases of occupational diseases and that this information is contained in the annual labour inspection report.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Conditions of service of labour inspectors. The Committee notes the Government’s indication that the provisions of the Civil Servants Act prescribe, among other things, rights and duties of civil servants, conflict of interest, method and procedure of admission, probationary work, state examination, promotion, responsibility for violations of duty and removal from the service. The Committee notes the information provided by the Government that, with the unification of the inspection services in the State Inspectorate, all civil servants who were working as labour inspectors, senior labour inspectors, or specialists, either continued to work in the same positions or were promoted based on the conditions for promotion in terms of years of work experience and their annual evaluation. In addition, the Government indicates that most of the civil servants who were assigned to managerial positions in the labour inspectorate in the then Ministry of Labour and the Pension System were reassigned to managerial positions within the new Labour Inspectorate. The Committee takes note of this information which addresses its previous request.

Article 12(1)(c)(iv) of Convention No. 81 and Article 16(1)(c)(iii) of Convention No. 129. Taking or removing for purposes of analysis samples of materials and substances used or handled. The Committee notes the Government’s reply that section 61 of the Act on State Inspectorate ensures that the labour inspectorate have the right to take pictures or keep record of persons and workplaces inspected. The inspector is also authorized by the same section to request and examine public identity documents, as well as to take statements from persons present at the inspection sit, . In addition, Section 62(2) ensures that inspectors have the right to request documentation and data relating to the supervision of the general conditions of work. Noting once again that the legislation currently does not provide for the power of inspectors to take or remove, for purposes of analysis, samples of materials and substances used or handled in the establishment, subject to the employer or the employer’s representative being notified of any samples or substances taken or removed for such a purpose,the Committee requests the Government to provide information on any measures taken or envisaged in this regard.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual report on the work of the labour inspection services. The Committee notes the information provided by the Government that the annual report on the work of the labour inspectorate is an integral part of the Annual Report on the work of the State Inspectorate, which is published on its website. The Committee also notes the Government’s indication on the number of inspections undertaken in the agriculture, forestry and fisheries sectors (1,104 inspections in 2019, 1,032 in 2020, 981 in 2021, and 880 in 2022) as well as on the number of indictments for violations identified concerning the same sectors (63 in 2019, 56 in 2020, 64 in 2021 and 45 in 2022). The Committee notes, however, that the Annual Report 2022 does not contain information concerning statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c) of Convention No. 81 and Article 27(c) of Convention No. 129), statistics of violations and penalties imposed (Article 21(e) of Convention No. 81 and Article 27(e) of Convention No. 129), and industrial accidents and occupational diseases (Article 21(f) and (g) of Convention No. 81 and Article 27(f) and (g) of Convention No. 129). The Committee also notes that the report does not contain information concerning the staff of the labour inspection service in agriculture (Article 27(b) of Convention No. 129). The Committee requests the Government to give full effect to Article 21 of Convention No. 81 and Article 27 of Convention No. 129, in particular with regard to the required information listed above.

Issues specifically concerning labour inspection in agriculture

Article 9 of Convention No. 129. Training of labour inspectors in agriculture. The Committee notes the information provided by the Government that the training of inspectors is done through workshops and is based on the regulations, literature, and EU guidelines for the application of the directive on the protection of the health and safety of workers in agriculture, animal husbandry, horticulture and forestry. The Committee further notes the Government’s indication that the agriculture inspectorate operates within the State Inspectorate, which, if necessary, could be involved to address specific situations. The Committee requests the Government to provide information on the specific training provided to labour inspectors on the particular risks in agriculture and related issues upon their entry into service and in the course of employment, including the number of labour inspectors who completed such training, the specific subjects covered, and the duration of training sessions.

Articles 12(2) and 17 of Convention No. 129. Preventive control in association with other public bodies or approved institutions. The Committee notes the information provided by the Government that, since 1 April 2019, the State Inspectorate encompasses both the labour inspectorate and the agricultural and phytosanitary inspectorate, so that exchange of essential information between all inspectorates is ensured. The Committee requests the Government to provide information on how cooperation between labour inspection services and the agricultural and phytosanitary Inspection is carried out in practice in order to ensure that labour inspection services in agriculture are associated in the preventive control of new plant, new materials or substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety, and to include examples of such cooperative efforts.