Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Safety and Health in Construction Convention, 1988 (No. 167) - Slovakia (Ratification: 1993)

Article 2, paragraph (f) of the Convention. Qualifications and skills of responsible employees. The Committee notes the Government’s statement that section 2(t) of Decree No. 374/1990 on labour safety and technical devices at building works defines a “responsible employee” as an employee in charge of work management within their assigned sector, authorized to take decisions. The Committee requests the Government to clarify whether and how it is ensured that responsible employees have the qualifications, experience and skills required for ensuring safe performance of work as provided in this provision.

Article 8, paragraph 1(a). Cooperation concerning OSH measures between two or more employers simultaneously undertaking activities at one construction site. The Committee notes the Government’s statement that section 9 of
Act No. 330/1996 of 12 June 1989 on occupational safety and health provides that if two or more employers undertake activities at the same time at one construction site, employers shall cooperate in the prevention, preparation and execution of measures to guarantee occupational safety and health coordination of their activities. In this regard, written agreement needs to be concluded amongst them, defining who is responsible, and in what regard, for creating conditions for occupational safety and health protection at the one construction site. If agreement is not reached, each of the parties is fully accountable. The Committee requests the Government to clarify how effect is given to this paragraph if an agreement is not reached between the different contractors.

Article 17, paragraph 2. Provision of OSH instructions and information in a form understood by workers. The Committee notes the Government’s statement that section 7 of Regulation No. 470/2003 on minimum safety and health requirements for using personal protective equipment governs issues related to informing and briefing employees using work equipment. In this regard, the employer shall adopt measures to inform and brief employees on using the work equipment, in compliance with special regulation (Act No. 330/1996, as amended), and, if needed, provide them with written operational instructions for the working tool. The Committee notes that there is no reference in the legislative text to instruction for safe use “in a form understood by workers”, and therefore, the said section 7 does not ensure that instructions are understood by illiterate workers or those who may not speak the local language, such as migrant labour. The Committee requests the Government to indicate how effect is given to this provision of the Convention.

Article 21, paragraph 2. Aptitude for work in compressed air. The Committee notes the Government’s statement that work in compressed air is “work with special risks”. It also indicates that employers are obliged to allocate jobs considering the employee’s health condition, skills and competencies. Section 8(a), subsection 1(l) of Act No. 330/1996, as amended, provides that work is assigned to employees only when it corresponds to their state of health. Employers are also obliged under section 8(a), 1(o) to arrange for regular health surveillance with respect to the nature of the work. Section 8(a), 1(n) also states that according to the health hazard rate and for selected occupations, they shall provide regular preventive medical exams, as laid down in special regulations. The Committee requests the Government to clarify whether the aptitude of workers in the context of work in compressed air also is verified through medical surveillance.

Article 24. Precautions in case of demolition of buildings that might present a danger to the public. The Committee notes the Government’s statement that Annex 3, Part II, subparagraph 11 of Regulation No. 510/2001 on minimum safety and health requirements at construction sites, provides that necessary measures shall be taken and safe work procedures applied when the demolition of any building or structure might present a danger to workers. Work is planned and executed under permanent supervision of a competent responsible person. The Committee requests the Government to provide further information on the precautions applied in the context of demolition of buildings containing asbestos.

Article 26, paragraph 3. Technical rules and standards for the laying and maintenance of electrical cables. The Committee notes that the Government’s report is silent on this issue. The Committee therefore requests the Government to indicate applicable technical rules and standards for laying and maintenance of electrical cables.

Article 28, paragraph 4. Disposal of waste at construction sites. The Committee notes the Government’s statement that Decree No. 59/1982 on the principal requirements to ensure occupational safety and safety of technical equipment as amended, provides that waste materials must be removed from the place of their generation in order to avoid their hazardous influence on work safety. If waste materials are hazardous, necessary measures shall be taken to guarantee occupational health and safety at the place where these are generated, collected and disposed of. The Committee requests the Government to indicate how effect is given to this provision as regards the disposal of asbestos waste.

Part VI of the report form. Application in practice. The Committee notes the statistical information provided by the Government that during the period from 1998 to 2003, the number of inspections increased from 245 to 2,482. It also notes that 7,478 infringements were reported in 1998 against 4,781 in 2003, which is a significant decrease. It also notes that the number of serious accidents have decreased from 52 in 1993 to 31 in 2003. The Committee requests the Government to continue to provide information on the practical application of the Convention, as well as on the number of workers covered by the legislation. The Government is also requested to indicate what further measures have been taken or are envisaged to continue to bring down the number of accidents in the construction industry.