White Lead (Painting) Convention, 1921 (No. 13) - Slovenia (Ratification: 1992)

Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Previous comment on Convention No. 13: observation

Previous comment on Convention No. 119

Previous comment on Convention No. 136

Previous comment on Convention No. 139

Previous comment on Convention No. 148

Previous comment on Convention No. 155 (P155)

Previous comment on Convention No. 161

Previous comment on Convention No. 162

Previous comment on Convention No. 174

Previous comment on Convention No. 187

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 13 (white lead painting), 119 (machinery), 136 (benzene), 139 (occupational cancer), 148 (working environment (air pollution, noise and vibration)), 155 and its 2002 Protocol (OSH), 161 (occupational health services), 162 (asbestos), 174 (major industrial accidents), and 187 (promotional framework for OSH) together.

Representation made under article 24 of the ILO Constitution. The Committee notes the decision of the Governing Body to close the representation submitted by the Association of Free Trade Unions of Slovenia alleging non-observance of Convention No. 155 and the Protocol of 2002 by Slovenia pursuant to the agreements reached between the parties concerned following a conciliation process. The Committee takes note that, as a result of the conciliation, the Rules on occupational diseases were adopted and published in the Official Gazette of the Republic of Slovenia on 24 February 2023 and its provisions are applicable as of 1 May 2023.

General provisions

Occupational Safety and Health Convention, 1981 (No. 155), and Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)

Application of Conventions Nos 155 and 187 in practice. The Committee notes the Government’s indication in its report that the Ministry of Labour, Family, Social Affairs and Equal Opportunities (Ministry of Labour) carries out educational, awareness-raising and promotional activities to promote a culture of safety and health at work. In particular, it indicates that: (i) activities are targeted at specific groups, including safety professionals, OSH inspectors, workers, employers who assess risks themselves and trade unions, and children and young people in the context of the early introduction of OSH in education and training; (ii) the Ministry trains and raises awareness of existing as well as new and emerging occupational safety and health risks; (iii) it works with social partners, the occupational safety profession, occupational medicine, academia and foreign experts; and (iv) it contributes to events organised by trade unions, employers' associations, and universities, and promotes OSH at various thematic trade fairs to raise awareness of the importance of promoting an OSH culture. The Committee requests the Government to continue to provide information on the application in practice of Conventions No. 155 and No. 187, including the number, nature and cause of occupational accidents and diseases reported, as well as information on inspection activities conducted, violations detected, and sanctions imposed.

Legislative developments. The Government indicates that the Ministry of Labour together with the Labour Inspectorate of the Republic of Slovenia (IRSD) is preparing a proposal on a new Regulation on ensuring safety and health at work in forestry. The Committee requests the Government to provide information on any progress made in the adoption of the new Regulation on ensuring safety and health at work in forestry.

I . Action at the national level

The Committee notes the information provided by the Government on Article 4(3)(b) and (d) of Convention No. 187 (on information and advisory services and occupational health services), which responds to its previous request.

Article 2(3) of Convention No. 187. Consideration of measures that could be taken to ratify relevant ILO OSH Conventions. Further to its previous comments, the Committee notes that, while the Government indicates that OSH legislation and matters relating to the treatment of ILO Conventions are dealt with in a tripartite manner, it does not provide information on the consideration of measures that could be taken to ratify relevant ILO OSH Conventions. The Committee once again requests the Government to provide information on any periodic consideration of measures that could be taken to ratify relevant OSH Conventions in the context of the discussions in the tripartite Health and Safety at Work Council and the outcome of the consultations held in this regard.

II . National system

Article 4(3)(e) of Convention No. 187. Promotion of research. The Committee notes the Government indication that the action plan for 2024-2027 on the implementation of the National Programme of Health and Safety at Work 2018-2027 (National Programme 2018-2027), if adopted, will foresee an increase in budget funds for basic and applied research in the field of safety and health at work. The Committee requests the Government to provide information on the adoption and implementation of the action plan for 2024-2027, in particular with regard to research in the field of occupational safety and health.

Article 4(3)(h) of Convention No. 187. Mechanisms for the progressive improvement of OSH conditions in microenterprises, small and medium-sized enterprises (SMEs) and in the informal economy. Further to its previous comments, the Committee notes the Government’s indications that: (i) the Ministry of Labour, together with the social partners, has so far developed 22 online interactive tools for risk assessment (OiRA); (ii) through workshops, in cooperation with the IRSD, efforts are being made to promote the use of this tool as much as possible; (iii) statistics show that many people are interested in using the tool, but the IRSD's findings on the ground do not confirm the use of the tool in practice. In fact, inspectors have found that employers' risk assessments are not, or very rarely, carried out using the OiRA tools; and (iv) the Ministry is trying to develop some generic OiRA tools that would be applicable to all or most activities and is working on a generic risk assessment tool for psychosocial risk management. The Committee requests the Government to provide information on: (i) the application of the OiRA tools in practice in microenterprises and SMEs and in the informal economy, and (ii) the development of generic OiRA tools on OSH conditions and their implementation.

III. National programme

Article 5(1) of Convention No. 187 Implementation, monitoring, evaluation and periodic review of the national OSH programme. The Committee notes that the Government refers to the publication of the Analysis of the Action Plan for 2018-2020 in the context of the implementation of the National Programme 2018-2027. In light of this analysis, the Committee notes that some of the activities foreseen in the first action plan have not yet been implemented and are expected to be implemented during the 2021-2023 action plan, including inter alia: (a) a targeted campaign on the reporting of occupational accidents at work and the keeping of records; (b) an electronic reporting system of occupational accidents; (c) the preparation of practical guidelines for risk assessment due to exposure to hazardous chemical substances, and (d) the adoption of the Rules on ensuring safety and health in the manual handling of loads. It also notes that the IRSD found that employers do not properly consult with workers in the process of creating a risk assessment and that in most of the cases all risks are not or are insufficiently identified, especially those related to the use of dangerous substances, manual handling of loads, radiation and vibrations. In addition, the Committee notes that, as indicated in the 2021-2023 action plan, certain activities will be implemented during the next action plan, including the preparation and implementation of a program of targeted supervision and advice by the IRSD on the correct use and implementation of regulations in the field of hazardous substances, namely chemical, carcinogenic and mutagenic substances, substances toxic to reproduction, and asbestos. The Committee requests the Government to provide information on the implementation of the 2021-2023 action plan and on the adoption and implementation of any action plan for the period 2024-2027.

Action at the level of the undertaking

Article 13 and Article 19(f) of Convention No. 155. Protection of workers removed from situations presenting imminent and serious danger. The Committee notes that under section 53 of the Health and Safety at Work Act workers have the right to: (i) leave an unsafe workplace, work process or work environment in the event of an unavoidable danger; and (ii) take appropriate action in accordance with their knowledge and technical means at their disposal in the event of a serious and imminent danger to life or health. The Committee recalls that Articles 13 and 19(f) of the Convention do not refer to a danger that is “unavoidable” and include situations where the workers have a reasonable justification to believe that there is an imminent and serious danger. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that national legislation or regulations provide that workers can remove themselves from all work situations where they have a reasonable justification to believe that there is an imminent and serious danger.

Article 19(e) of Convention No. 155. Right to bring in technical advisers. The Committee notes that sections 45 and 46 of the Health and Safety at Work Act provides for the right of workers or their representatives on works council to participate in the consideration of all issues relating to ensure safety and health at work and to be consulted, but it does not include their right to bring in technical advisers, by mutual agreement, from outside the undertaking. Noting the absence of information in this regard, the Committee requests the Government to indicate if workers or their representatives may bring in technical advisers, by mutual agreement, from outside the undertaking.

Occupational Health Services Convention, 1985 (No. 161)

The Committee notes the information provided by the Government on Articles 8 (cooperation between employers, workers and their representatives) and 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) of the Convention, which responds to its previous request.

Application in practice. Further to its previous comments, the Committee notes the Government’s indications that: (i) occupational medicine specialists are supervised by the Medical Chamber of Slovenia; (ii) the Ministry of Health has explored the possibility of implementing a special, systematic supervision for occupational medicine specialists, but according to the current legislation, such supervision is limited; (iii) in the coming years, an assessment of the current provisions regarding the periodic medical examinations provided by occupational specialists will be carried out, including the issue of the quality of the services and the establishment of a new supervisory system. Amendments to the current rules will be undertaken based on the findings of the mentioned assessment. Moreover, the Committee notes that, according to the IRSD: (i) there has been a decrease in the number of violations identified in recent years, from 1,335 in 2020 to 1,129 in 2022; and (ii) while the IRSD does not monitor the professionalism of occupational medicine specialists, it has received individual reports concerning alleged inadequate practices which have been brought to the attention of the Medical Chamber of Slovenia. The Committee also takes note of the other statistics provided by the Government from June 2014 to May 2023. The Committee requests the Government to provide information on the adoption and implementation of the mentioned supervisory system for occupational medicine specialists and to indicate any legislative changes in this regard. While noting the statistical data provided, the Committee also requests the Government to continue to provide information on the application of the Convention in practice.

Article 2 of the Convention. National policy on occupational health services. Implementation measures. Consultation. The Committee notes that: (i) section 33 of the Health and Safety at Work Act provides that the employer shall ensure the implementation of health measures by the occupational health providers; and (ii) the National Programme 2018-2027 indicates that occupational health providers are one of the key holders of measures for realizing the strategic objectives. The Committee requests the Government to provide information on the progress achieved in the implementation of the National Programme of Health and Safety at Work 2018-2027 with regard to occupational health services, including information on the role of occupational health providers.The Committee also requests the Government to indicate the measures adopted for the periodic review of the National Programme, with regard to occupational health services, in consultation with the most representative organizations of employers and workers.

Article 9(1). Multidisciplinary nature of occupational health services. The Committee notes that section 34 of the Health and Safety at Work Act provides that the Minister responsible for health shall determine the staff and other conditions to be met by the occupational health provider, but there is no information regarding how the composition of this staff is determined. The Committee requests the Government to provide information on the criteria according to which the composition of the personnel of the occupational health services is determined.

Article 12. Health surveillance during work hours. The Committee requests the Government to indicate any legislative provisions or regulations specifying that the surveillance of workers’ health in relation to work shall take place, as far as possible, during working hours.

Protection against specific risks

White Lead (Painting) Convention, 1921 (No. 13)

The Committee notes the information provided by the Government on Articles 3(1) (prohibition of the employment of young persons and women) and Article 5(I)(a) (exceptions to the prohibition on use of lead paint) of the Convention, which responds to its previous request.

Application in practice. The Committee notes the Government’s indication that, while the IRSD has not undertaken any action or special targeted inspections related to the safety and health of workers exposed to lead and its compounds since 2014, it has carried out its activities with regard to the exposure to chemical substances in general. The Committee requests the Government to provide further information on the application of the Convention in practice, including: (i) the number, nature and cause of occupational diseases reported, and (ii) the inspection activities conducted, violations detected, and sanctions imposed.

Guarding of Machinery Convention, 1963 (No. 119)

The Committee notes the information provided by the Government on Article 2(3) and (4) of the Convention (on dangerous parts of machinery requiring guards), which responds to its previous request.

Application in practice. The Committee notes the Government’s indications that: (i) the supervision of the rules on machinery is carried out by the Market Inspectorate for machinery on the market, the IRSD for machinery in working processes, and the Mining Inspectorate for machinery intended for mining work and other underground construction work carried out using mining methods; (ii) the number of safety violations found in relation to machinery and work equipment accounts for between 6.6 and 9.5 per cent, respectively, of the total number of irregularities detected yearly, and this has been steadily decreasing in recent years, reaching in 2022 the lowest number since 2014; and (iii) from 1 June 2014 to 31 May 2023, 58 irregularities were found in relation to the compliance with the Rules on machinery safety and 3,750 with regard to the Rules on health and safety requirements for the use of work equipment, the highest number being in relation to the failure to carry out inspections and tests of machinery (1,925 cases). The Committee requests the Government to continue to provide information on the application of the Convention in practice, including the inspection activities conducted, violations detected, and sanctions imposed, as well as the number, nature and cause of occupational accidents reported.

Benzene Convention, 1971 (No. 136)

Application in practice. The Committee notes the Government’s indications that: (i) the IRSD checks the compliance with the Rules on the protection of workers from risks related to exposure to carcinogenic and mutagenic substances, which include benzene; and (ii) inspectors have not raised any issues related to the use of benzene in employers’ work processes in their annual reports. In addition, the Committee notes the information provided by the Government on the protection of health at work of pregnant workers and children, adolescents, and young persons. The Committee requests the Government to continue to provide information on the application of the Convention in practice, including the inspection activities conducted, violations detected, and sanctions imposed, as well as the number, nature and cause of occupational diseases reported, if any.

Occupational Cancer Convention, 1974 (No. 139)

The Committee notes the information provided by the Government on Article 1(2) of the Convention (derogations from the prohibition against occupational exposure to carcinogenic substances), which responds to its previous request.

Application in practice. The Committee notes the information provided by the Government on the labour inspectorate activities. In particular, the Committee notes the Government’s indications that: i) during the last reporting period, no notifications of occupational diseases were received, partly due to the insufficient legislation; ii) the practical implementation of the new Rules on occupational diseases (Official Gazette of the Republic of Slovenia, No. 25/23) should increase the number of notifications in this regard; and iii) by virtue of these rules, an interdisciplinary group of experts has been appointed to identify or confirm cases of occupational disease and will produce an annual report. According to the preliminary findings, the group has dealt with 80 applications as of 1 May 2023. The Committee requests the Government to continue to provide information on the application in practice of the Convention, including (i) the number, nature and cause of occupational diseases reported; (ii) the inspection activities conducted, violations detected, and sanctions imposed, and (iii) the activities of the interdisciplinary group for occupational diseases, in the framework of the 2023 Rules on occupational diseases.

Article 1(1) and (3) of the Convention. Periodic determination of prohibited carcinogenic substances and agents. Noting the lack of information, the Committee requests the Government to provide information on the measures taken or envisaged to periodically determine the carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorisation or control.

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

The Committee notes the information provided by the Government on Article 11(3) of the Convention (alternative employment or other measures to maintain the income of transferred workers), which responds to its previous request.

Application in practice. The Committee takes note of the information provided by the Government on noise, vibration and chemical safety. Concerning noise, the Government indicates that: (i) old work equipment exceeding the noise limits is still used in production processes, employers are very slow to replace it with newer equipment and workers do not consistently use the hearing protection equipment; and (ii) from June 2014 to May 2023, the violations identified mainly related to the risk assessment of noise exposure, appropriate safety signs and the health surveillance of workers in relation to harmful noise at workplaces, most of which were found in the production of metal products. Concerning vibration, the Government indicates that during the past years, violations detected were related to the risk assessment of the effects of vibration on the health of the worker and the measures to reduce the level of exposure to mechanical vibration. Concerning chemical safety, the Government indicates that inspectors have found violations with regard to hazardous chemical substances, including the identification of chemical substances in the work process and the risk assessment, the failure to take measures to eliminate or minimise risks when working with chemical substances, to measure the harmful effects in the production process, and to ensure the health protection of workers who are exposed to these substances, and the inadequacy of safety data sheets. The Committee requests the Government to continue to provide information on the application of the Convention in practice, in particular with regard to the measures taken or envisaged to ensure the safety and health of workers exposed to noise, vibration or air pollution).

Asbestos Convention, 1986 (No. 162)

The Committee notes the information provided by the Government on Articles 20(2) and (4) (on keeping of records on the monitoring of the working environment and right to appeal concerning the results of the monitoring), and 21(4) (maintenance of income for workers whose health is at risk) of the Convention, which responds to its previous request.

Application in practice. The Committee notes the Government’s indication that in 2015, the IRSD undertook an intensified campaign on the exposure of asbestos at work and most of the violations detected related to inadequate risk assessment. The Committee also notes that the number of notifications received by the IRSD about the commencement of asbestos-related works decreased from 66 in 2018 to 30 by 31 May 2023. The Committee requests the Government to continue to provide information on the application of the Convention in practice, including the number of inspection visits, the number and nature of violations reported, and sanctions imposed, as well as statistics on the number of occupational diseases reported as being caused by asbestos.

Article 15(2). Periodic review and update of exposure limits. The Committee notes the Government indication that section 9 of the Rules on the protection of workers from risks related to exposure to asbestos at work provides the employer’s obligation to ensure that the concentration of airborne asbestos fibres in the workplace does not exceed the limit value for asbestos, which is 0.1 fibre/cm3 in an eight-hour time-weighted average. However, the Government does not provide information on the periodic review of this limit. The Committee requests the Government to provide information on the measures taken or envisaged to periodically review and update the limit set out in section 9 of the Rules on the protection of workers from risks related to exposure to asbestos in light of technological progress and advances in technological and scientific knowledge.

Articles 20(1) and 21(1). Occasional exposure to asbestos. Measurement of the concentration of airborne asbestos dust in workplaces and medical examinations. Further to its previous comments, the Committee notes that the information provided by the Government does not refer to the occasional exposure to asbestos. The Committee also notes that section 4(3) of the Rules on the protection of workers from risks related to exposure to asbestos at work provides that the Ministry of Labour, after consulting the social partners, shall issue practical guidelines for determining the occasional and low exposure referred to in section 4(2) and publish them in the Official Gazette of the Republic of Slovenia. The Committee requests once again the Government to provide information on the definition of occasional exposure to asbestos, including the obligation of the Ministry of Labour to issue practical guidelines, after consultation with the social partners, for determining the occasional and low exposure, pursuant to section 4(3) of the Rules on the protection of workers from risks related to exposure to asbestos at work. In addition, the Committee requests the Government to provide information on the measures taken or envisaged to ensure that workers occasionally exposed to asbestos are also provided with medical examinations.

Article 21(1). Post-employment medical examinations. Further to its previous comments, the Committee notes the Government’s indication that workers who are no longer exposed to asbestos but are employed by another employer are examined regularly at periodic examinations and, as a rule, past exposure is also considered. If the worker is retired or has health problems and suspects that these problems may be related to exposure to asbestos, they can be referred to a pulmonologist. The Committee requests the Government to provide further information on any measures taken or envisaged to ensure that workers who are or have been exposed to asbestos are provided with medical examinations after their employment is terminated, including those who are currently unemployed or retired.

Prevention of Major Industrial Accidents Convention, 1993 (No. 174)

The Committee notes the information provided by the Government on Article 10 of the Convention (on preparation of safety reports), which responds to its previous request.

Application in practice. The Committee notes the Government’s indication that, in 2022, 21 workers died and several more were injured as a result of a serious explosion at a chemical plant in Kočevje. The Committee notes this accident with concern and requests the Government to provide further information on the application of the Convention in practice, including information on inspection activities conducted in major hazard installations, violations detected, and sanctions imposed.

Article 4(1) of the Convention. Formulation, implementation and periodical review of a coherent national policy concerning the protection of workers, the public and the environment against the risk of major accidents. Further to its previous comments, the Committee notes the Government’s indication that: (i) the Directive 2012/18/EU of the European Parliament and of the Council of 4 July 2012 on the control of major-accident hazards involving dangerous substances has been transposed into the national order through the Decree on the prevention of major accidents and the mitigation of their consequences; (ii) the country has a system in place, which combines environmental and disaster protection policy measures, to manage the risks of major accidents that could occur in industrial installations with environmental risk; (iii) there is a list of the industrial installations indicating their environmental risk, and (iv) the national regulations provide measures and the employer’s obligations with regard to the control of industrial installations with environmental risk. However, the Committee notes that the Government does not provide information on the preparation of a programme to follow up on the 2008-2012 action programme for the limitation of environmental risks due to the hazards of major accidents. The Committee requests the Government to provide information on the measures taken or envisaged to formulate, implement and periodically review a coherent national policy concerning the protection of workers, the public and the environment against the risk of major accidents in consultation with the social partners.

Article 11. Review, update and amendment of the safety report by employers. Further to its previous comments, the Committee notes that, while the Government refers to section 17(2) of the Health and Safety at Work Act regarding the review of the risk assessment, it does not provide specific information on the review, update and amendment of the safety reports. The Committee requests the Government to provide information on the measures taken or envisaged to ensure the review, update and amendment by employers of the safety reports in the circumstances set out in subparagraphs (a) to (d) of Article 11 of the Convention.

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

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

Repetition

Article 3(1) of the Convention. Prohibition of the employment of young persons and women. The Committee notes that the Government’s report repeats the information provided in both 2004 and 2009 on provisions which prohibit the employment of young people on the basis of a risk assessment undertaken by the employer, taking into account the use of lead and its compounds; and provisions which provide protection for pregnant workers and workers who have recently given birth and are breastfeeding. The Committee once again refers the Government to its previous comments with regard to this Article, and reiterates its request that the Government provide information on measures taken or envisaged to prohibit the employment of men under the age of 18 years and of all women in any painting work of industrial character involving the use of white lead or sulphate of lead or other products containing these pigments. The Committee also asks the Government to provide further information on the risk assessment to be undertaken by employers under section 6 of the rules on the protection of health at work of children, adolescents and young people, with particular reference to a risk assessment related to employment involving the use of lead and its compounds.

Article 5(I)(a). Prohibition against the use of white lead. The Committee notes that the Government refers to the information already provided in its previous report, indicating that section 8(1) and (2) of the regulation on the protection of workers from risks of exposure to chemical substances at work require an employer to remove, or reduce to the least possible extent, the risk of hazardous chemical substances to the safety and health of workers at work. The Committee reiterates its request that the Government take the necessary measures to ensure that use of white lead, sulphate of lead, or products containing these pigments is prohibited in painting operations, except in the form of paste or of paint ready to use.

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

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

Article 3(1) of the Convention. Prohibition of the employment of young persons and women. The Committee notes that the Government’s report repeats the information provided in both 2004 and 2009 on provisions which prohibit the employment of young people on the basis of a risk assessment undertaken by the employer, taking into account the use of lead and its compounds; and provisions which provide protection for pregnant workers and workers who have recently given birth and are breastfeeding. The Committee once again refers the Government to its previous comments with regard to this Article, and reiterates its request that the Government provide information on measures taken or envisaged to prohibit the employment of men under the age of 18 years and of all women in any painting work of industrial character involving the use of white lead or sulphate of lead or other products containing these pigments. The Committee also asks the Government to provide further information on the risk assessment to be undertaken by employers under section 6 of the rules on the protection of health at work of children, adolescents and young people, with particular reference to a risk assessment related to employment involving the use of lead and its compounds.

Article 5(I)(a). Prohibition against the use of white lead. The Committee notes that the Government refers to the information already provided in its previous report, indicating that section 8(1) and (2) of the regulation on the protection of workers from risks of exposure to chemical substances at work require an employer to remove, or reduce to the least possible extent, the risk of hazardous chemical substances to the safety and health of workers at work. The Committee reiterates its request that the Government take the necessary measures to ensure that use of white lead, sulphate of lead, or products containing these pigments is prohibited in painting operations, except in the form of paste or of paint ready to use.

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

Article 3, paragraph 1, of the Convention. Prohibition of the employment of young persons and women. The Committee notes the information provided by the Government, as in its previous report, on provisions providing protection for pregnant workers and workers who have recently given birth and are breastfeeding; and provisions which prohibit the employment of young people on the basis of a risk assessment undertaken by the employer, taking into account the use of lead and its compounds. The Committee refers the Government to its previous comments with regard to this Article, and reiterates its request that the Government provide information on measures taken or envisaged to prohibit the employment of males under the age of 18 years and of all females in any painting work of industrial character involving the use of white lead or sulphate of lead or other products containing these pigments. The Committee also asks the Government to provide further information on the risk assessment to be undertaken by employers under section 6 of the rules on the protection of health at work of children, adolescents and young people, with particular reference to a risk assessment related to employment involving the use of lead and its compounds.

Article 5, paragraph 1(a). Prohibition against the use of white lead. The Committee notes the information provided by the Government indicating that the provisions of the regulation on the protection of workers from risks of exposure to chemical substances at work require an employer to remove, or reduce to the least possible extent, the risk of hazardous chemical substances to the safety and health of workers at work. The Committee reminds the Government that Article 5(1)(a), requires a prohibition against the use of white lead, sulphate of lead, or products containing these pigments in painting operations except in the form of paste or of paint ready for use.

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

The Committee takes note of the Government’s comprehensive report. It notes the information supplied by the Government with regard to Article 5, paragraph 2(a), and Article 7 of the Convention. Further to its previous comments, the Committee would draw the Government’s attention to the following points.

1. Article 3. Prohibition of employment of young persons and women. The Committee notes article 195 of the Employment Relations Act (Ur.1.RS, 42/02) specifying the work, which may not be carried out by a worker under the age of 18. With regard to painting work involving the use of white lead, article 195, paragraph 2, of this Act stipulates that a worker under the age of 18 may not be engaged to carry out work involving exposure to risk factors and procedures, and work which, according to the risk assessment, entails a risk to safety, health and development of the worker. The types of work covered by article 195, paragraph 2, of the Employment Relations Act have to be defined by an executive regulation which, pursuant to paragraph 4, is to be issued by the minister competent for labour in agreement with the minister competent for health. In this respect, the Committee notes the Rules on the protection of health at work of children, adolescents and young people of 9 July 2003, issued by the minister responsible for labour in agreement with the minister responsible for health in application of articles 195 and 214 of the Employment Relations Act (Ur.1.RS, 42/02). Pursuant to article 6 of the above Rules, young persons under the age of 18 years are prohibited to carry out work for which the risk assessment indicates a potential harmful effect on safety, health and development. In assessing the risk, the employer must, inter alia, take into account certain risk agents, such as lead and its compounds. According to the Committee’s understanding, work involving the use of lead or its compounds is not generally prohibited for young persons under the age of 18 years, but restricted. The Committee hence reminds the Government that Article 3, paragraph 1, of the Convention calls for the prohibition of any painting work of an industrial character involving the use of white lead or sulphate of lead or other products containing these pigments. According to Article 3, paragraph 2, of the Convention, the competent authorities are authorized to permit the employment of painters’ apprentices in the work prohibited by virtue of Article 3, paragraph 1, of the Convention, after consultation with employers’ and workers’ organizations concerned, with a view to their education in their trade. Thus, young persons under 18 years of age may only be engaged to carry out work involving the use of white lead or sulphate of lead or other products containing these pigments for education purposes. The Committee accordingly requests the Government to take the necessary measures to bring article 6 of the Rules on the protection of health at work of children, adolescents and young people of 9 July 2003 in line with the provision of Article 3 of the Convention.

As to the protection of women, the Committee notes article 187, paragraph 1, of the Employment Relations Act (Ur.1.RS, 42/02) stipulating that workers shall have the right to special protection in employment due to pregnancy and parenthood. Article 189, paragraphs 1 to 3, of this Act provide for the prohibition of carrying out certain types of work during pregnancy and breastfeeding period. These types have to be determined in an executive regulation. In this respect, the Government refers to the Rules on the protection of health at work of pregnant workers and workers who have recently given birth or are breastfeeding (Ur.l.RS, st. 82/03) prohibiting the exposure of pregnant women to certain chemical substances such as, inter alia, lead and derivates of lead capable of being absorbed by the human organism. The Committee notes that the above provisions only grant a special protection to pregnant women, women who have recently given birth or to breastfeeding women, but not to women workers in general. It therefore recalls the provision of Article 3, paragraph 1, of the Convention, which provides for the prohibition of employment of all female workers in painting work of an industrial character involving the use of white lead, sulphate of lead or other products containing these pigments. The Committee therefore requests the Government to take the necessary measures to ensure that full effect is given to this provision of the Convention.

2. Article 5, paragraph 1(a). With reference to its previous comments, the Committee notes that the Government’s report does not contain any information on whether there exists a regulation providing for the use of white lead, sulphate of lead, or products containing these pigments only in the form of paste or paint ready for use. It accordingly requests the Government to indicate the measures taken or envisaged to give effect to this provision of the Convention.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee takes note of the Government’s comprehensive report. It draws the Government’s attention to the following points.

1. Article 3 of the Convention. The Committee notes the Government’s indication that article 39 of the Basic Rights Stemming from Employment Act (ZTPDR No. 60/89) prohibits the assignment of workers under the age of 18 and women to, inter alia, particularly and predominantly hard work and to work which, with regard to their psychophysical characteristics, may have harmful effects and pose an increased risk to their health and life. In the same way, article 72 of the Employment Act prohibits the assignment of workers under the age of 18, on account of their specific psychophysical traits, to harmful work with an increased risk that may affect the health and development of the young workers. For women, article 76 of the Employment Act prescribes that harmful work with an increased risk affecting the health and psychophysical abilities of women are not to be performed by women. This work is to be determined by a regulation issued by the national administrative body responsible for health care. The Committee therefore requests the Government to indicate whether such a regulation determining the work involving an increased risk and affecting the health and psychophysical abilities of women, has been issued in application of article 76 of the Employment Act. It further requests the Government to indicate whether such a regulation is to be issued as well for the determination of the type of work, which may not be carried out by young workers under the age of 18, in application of article 72 of the Employment Act.

2. Article 5, paragraph 1(a). The Committee notes the Government’s indication to the effect that there exists no regulation providing for the use of white lead, sulphate of lead, or products containing these pigments only in the form of paste or paint ready for use. It accordingly asks the Government to indicate the measures envisaged to give effect to this provision of the Convention.

3. Article 5, paragraph 2(a). With regard to the provision of washing facilities for working painters, the Government indicates that pursuant to article 80 of the Rules on health and safety at work requirements No. 89/99, bathrooms and washrooms must be put at the disposal of workers where the nature of work or health reasons necessitates washing facilities. The Committee requests the Government to indicate whether painting work is considered as work of a nature requiring washing facilities to be put at the disposal of working painters and, if that is the case, the Government is asked to specify the provision determining the types of work calling for washing facilities for working painters.

4. Article 7. The Committee notes the provision of article 20, point 10 of the Health and Safety at Work Act requiring the authorized physician, responsible to carry out tasks concerning the health protection at work, to keep records and collect data as provided for under special regulations, and article 3 of the Rules on the reporting, collecting and managing of data on cases of poisoning in the territory of the Republic of Slovenia No. 38/2000, obliges the natural and legal persons engaged in medical services to send immediately to the KC Centre for Poisoning the data required. In addition, article 27, paragraph 1, of the Health and Safety at Work Act obliges the employer to notify immediately the works inspectorate on any case of fatal injury or injury which causes the worker’s incapacity to work for at least three consecutive working days, as well as on collective accidents, dangerous phenomena or a finding of professional illness. Moreover, article 5 of the Labour Inspection Act provides for the publication of an annual report on accidents at work, occupational diseases and other accidents at work or in connection with work. The Government however indicates that no separate statistics with regard to lead poisoning among working painters are kept in the country. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure that a separate statistic on the morbidity and mortality among working painters is established.

5. The Committee notes with interest the Government’s indication that Rules on boundary values for occupational exposure to dangerous substances and Rules on safety and health for temporary and mobile building sites are being drafted. The Committee hopes that the above Rules will be adopted in the near future and requests the Government to supply a copy of them once they have been adopted.

6. The Committee would be grateful if the Government would supply, with its next report, a copy of the following legislation for further examination: the Employment Act (ZDR No. 14/90, 5/91, 71/93); the Basic Rights Stemming from Employment Act (ZTPDR No. 60/89); the Rules on health and safety at work requirements No. 89/99; the Rules on restrictions on the sale or use of specific dangerous substances and preparations No. 73/99; the Rules on health and safety in the use of working equipment No. 89/99, and the Rules on the reporting, collecting and managing of data on cases of poisoning in the territory of the Republic of Slovenia No. 38/2000.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

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 Government’s indication in its report according to which the use of white lead in painting is governed by the general provisions of the Safety at Work Act and its implementing General Rules on Sanitary and Technical Safety Measures at Work, but is not fully covered by national regulations. However, the Committee notes with interest the establishment of an interministerial working group to prepare regulations concerning hazardous substances. The Committee trusts that the Government will take the necessary steps in the near future, in consultation with the employers’ and workers’ organizations concerned, as called for in Articles 1, paragraph 1, and 6 of the Convention, to ensure that effect is given to the following provisions of the Convention: Article 1 (prohibition of the use of white lead and sulphate of lead in the internal painting of buildings); Article 2 (regulation of the use of white lead in artistic painting); Article 3 (prohibition of the employment of males under 18 years of age and of all females in any painting work involving the use of white lead); Article 5 (regulation of the use of white lead in painting operations for which its use is not prohibited); and Article 7 (establishment of statistics of morbidity and mortality due to lead poisoning).

The Committee would request the Government to communicate information on progress made in this respect and to provide a copy of the relevant legislation as soon as it is adopted.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the Government's indication in its report according to which the use of white lead in painting is governed by the general provisions of the Safety at Work Act and its implementing General Rules on Sanitary and Technical Safety Measures at Work, but is not fully covered by national regulations. However, the Committee notes with interest the establishment of an interministerial working group to prepare regulations concerning hazardous substances. The Committee trusts that the Government will take the necessary steps in the near future, in consultation with the employers' and workers' organizations concerned, as called for in Articles 1, paragraph 1, and 6 of the Convention, to ensure that effect is given to the following provisions of the Convention: Article 1 (prohibition of the use of white lead and sulphate of lead in the internal painting of buildings); Article 2 (regulation of the use of white lead in artistic painting); Article 3 (prohibition of the employment of males under 18 years of age and of all females in any painting work involving the use of white lead); Article 5 (regulation of the use of white lead in painting operations for which its use is not prohibited); and Article 7 (establishment of statistics of morbidity and mortality due to lead poisoning).

The Committee would request the Government to communicate information on progress made in this respect and to provide a copy of the relevant legislation as soon as it is adopted.